[Federal Register Volume 81, Number 48 (Friday, March 11, 2016)]
[Rules and Regulations]
[Pages 12828-12829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05552]
[[Page 12828]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120404257-3325-02]
RIN 0648-XE489
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2016 Commercial Accountability Measure and Closure for South Atlantic
Golden Tilefish Longline Component
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
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SUMMARY: NMFS implements an accountability measure for the commercial
longline component for golden tilefish in the exclusive economic zone
(EEZ) of the South Atlantic. Commercial longline landings for golden
tilefish are projected to reach the longline component's commercial
annual catch limit (ACL) on March 15, 2016. Therefore, NMFS closes the
commercial longline component for golden tilefish in the South Atlantic
EEZ on March 15, 2016, and it will remain closed until the start of the
next fishing year, January 1, 2017. This closure is necessary to
protect the golden tilefish resource.
DATES: This rule is effective 12:01 a.m., local time, March 15, 2016,
until 12:01 a.m., local time, January 1, 2017.
FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, NMFS Southeast Regional
Office, telephone: 727-824-5305, email: [email protected].
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic includes golden tilefish and is managed under the Fishery
Management Plan for the Snapper-Grouper Fishery of the South Atlantic
Region (FMP). The FMP was prepared by the South Atlantic Fishery
Management Council and is implemented by NMFS under the authority of
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) by regulations at 50 CFR part 622.
On April 23, 2013, NMFS published a final rule to implement
Amendment 18B to the FMP (78 FR 23858). Amendment 18B to the FMP
established a longline endorsement program for the commercial golden
tilefish component of the snapper-grouper fishery and allocated the
commercial golden tilefish ACL (equivalent to the commercial quota)
between two gear groups, the longline and hook-and-line components as
commercial quotas.
The commercial quota for the longline component for golden tilefish
in the South Atlantic is 405,971 lb (184,145 kg), gutted weight, for
the current fishing year, January 1 through December 31, 2016, as
specified in 50 CFR 622.190(a)(2)(iii).
Under 50 CFR 622.193(a)(1)(ii), NMFS is required to close the
commercial longline component for golden tilefish when the longline
component's commercial quota has been reached, or is projected to be
reached, by filing a notification to that effect with the Office of the
Federal Register. After the commercial quota for the longline component
is reached or projected to be reached, golden tilefish may not be
fished for or possessed by a vessel with a golden tilefish longline
endorsement. NMFS has determined that the commercial quota for the
longline component for golden tilefish in the South Atlantic will be
reached on March 15, 2016. Accordingly, the commercial longline
component for South Atlantic golden tilefish is closed effective 12:01
a.m., local time, March 15, 2016, until 12:01 a.m., local time, January
1, 2017.
During the commercial longline closure, golden tilefish may still
be harvested commercially using hook-and-line gear. However, a vessel
with a golden tilefish longline endorsement is not eligible to fish for
or possess golden tilefish using hook-and-line gear under the hook-and-
line trip limit, as specified in 50 CFR 622.191(a)(2)(ii). The operator
of a vessel with a valid commercial vessel permit for South Atlantic
snapper-grouper and a valid commercial longline endorsement for golden
tilefish having golden tilefish on board must have landed and bartered,
traded, or sold such golden tilefish prior to 12:01 a.m., local time,
March 15, 2016. During the commercial longline closure, the bag limit
and possession limits specified in 50 CFR 622.187(b)(2)(iii) and
(c)(1), respectively, apply to all harvest or possession of golden
tilefish in or from the South Atlantic EEZ by a vessel with a golden
tilefish longline endorsement. The sale or purchase of longline-caught
golden tilefish taken from the EEZ is prohibited during the commercial
longline closure. The prohibition on sale or purchase does not apply to
the sale or purchase of longline-caught golden tilefish that were
harvested, landed ashore, and sold prior to 12:01 a.m., local time,
March 15, 2016, and were held in cold storage by a dealer or processor.
Additionally, the bag and possession limits and the sale and purchase
provisions of the commercial closure apply to a person on board a
vessel with a golden tilefish longline endorsement, regardless of
whether the golden tilefish are harvested in state or Federal waters,
as specified in 50 CFR 622.190(c)(1).
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
South Atlantic golden tilefish and is consistent with the Magnuson-
Stevens Act and other applicable laws.
This action is taken under 50 CFR 622.193(a)(1)(ii) and is exempt
from review under Executive Order 12866.
These measures are exempt from the procedures of the Regulatory
Flexibility Act, because the temporary rule is issued without
opportunity for prior notice and comment.
This action responds to the best scientific information available.
The Assistant Administrator for Fisheries, NOAA (AA), finds that the
need to immediately implement this action to close the commercial
longline component for golden tilefish constitutes good cause to waive
the requirements to provide prior notice and opportunity for public
comment pursuant to the authority set forth in 5 U.S.C. 553(b)(B), as
such procedures for this temporary rule would be unnecessary and
contrary to the public interest. Such procedures are unnecessary,
because the regulations at 50 CFR 622.193(a)(1)(ii) have already been
subject to notice and comment, and all that remains is to notify the
public of the closure. Prior notice and opportunity for public comment
on this action are contrary to the public interest, because there is a
need to immediately implement this action to protect the golden
tilefish resource since the capacity of the fishing fleet allows for
rapid harvest of the commercial quota for the longline component. Prior
notice and opportunity for public comment would require time and would
potentially result in a harvest well in excess of the established
commercial quota for the longline component.
For the aforementioned reasons, the AA also finds good cause to
waive the 30-day delay in the effectiveness of this action under 5
U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
[[Page 12829]]
Dated: March 8, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-05552 Filed 3-8-16; 4:15 pm]
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