[Federal Register Volume 83, Number 118 (Tuesday, June 19, 2018)]
[Rules and Regulations]
[Pages 28387-28388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13120]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 170828813-7999-02]
RIN 0648-BH15
Snapper-Grouper Fishery of the South Atlantic Region; Temporary
Measures to Reduce Overfishing of Golden Tilefish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; interim measures extended.
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SUMMARY: NMFS issues this temporary rule to extend the expiration date
of interim measures to reduce overfishing of golden tilefish in Federal
waters of the South Atlantic implemented by a temporary rule published
by NMFS on January 2, 2018. This temporary rule extends the reduced
total annual catch limit (ACL), commercial and recreational sector
ACLs, and quotas for the hook-and-line and longline components of the
commercial sector for an additional 186 days. The purpose of this
temporary rule extension is to reduce overfishing of golden tilefish
while the South Atlantic Fishery Management Council (Council) develops
management measures to end overfishing of golden tilefish on a
permanent basis.
DATES: The expiration date for the final temporary rule published at 83
FR 65 on January 2, 2018, is extended through January 3, 2019, unless
NMFS publishes a superseding document in the Federal Register.
ADDRESSES: Electronic copies of the environmental assessment (EA)
supporting these interim measures may be obtained from the Southeast
Regional Office website at http://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/sg/2017/golden_tilefish_interim/index.html.
The EA includes a Regulatory Flexibility Act (RFA) analysis.
FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional
Office, telephone: 727-824-5305, or email: [email protected].
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery in the South
Atlantic region includes golden tilefish and is managed under the
Fishery Management Plan for Snapper-Grouper Fishery of the South
Atlantic Region (FMP). The FMP was prepared by the Council and is
implemented by NMFS through regulations at 50 CFR part 622 under
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act).
On January 2, 2018, NMFS published the final temporary rule to
implement interim measures to reduce overfishing of golden tilefish in
South Atlantic Federal waters (83 FR 65). The final temporary rule
reduced the total ACL for golden tilefish to 323,000 lb (146,510 kg),
gutted weight, 361,760 lb (164,092 kg), round weight. In addition, the
final temporary rule reduced the commercial and recreational sector
ACLs and component commercial quotas, using the existing sector
allocations, and the quotas for the hook-and-line and longline
components of the commercial sector. Therefore, during the
effectiveness of the final temporary rule and this temporary rule
extension, the commercial ACL is 313,310 lb (142,115 kg), gutted
weight; the commercial quota for the hook-and-line component is 78,328
lb (35,529 kg), gutted weight; and the commercial quota for the
longline component is 234,982 lb (106,586 kg), gutted weight. The
recreational ACL during the effectiveness of the final temporary rule
and this temporary rule extension is 2,187 fish, which is equivalent to
9,690 lb (4,395 kg), gutted weight. This temporary rule extension
continues the measures in the final temporary rule unchanged for an
additional 186 days, unless this temporary rule extension is superseded
by subsequent rulemaking. The purpose of these interim measures is to
reduce the overfishing of golden tilefish in South Atlantic Federal
waters, while long-term management measures are developed and
implemented through Regulatory Amendment 28 to the FMP. The January 2,
2018, final temporary rule stated that long-term management measures
would be developed through Amendment 45 to the FMP. The Council
subsequently determined that an FMP amendment was not required, and
that the same management measures could be developed and implemented
using the existing FMP framework procedures. Regulatory Amendment 28
will include management measures to end overfishing of golden tilefish
on a long-term basis.
Regulatory Amendment 28 is scheduled to be approved by the Council
at their June 2018 meeting and implemented prior to the expiration of
the interim measures in this temporary rule extension in the 2019
fishing year, which begins on January 1, 2019.
[[Page 28388]]
Section 305(c)(2) of the Magnuson-Stevens Act provides the Council
the authority to request interim measures, if necessary, to reduce
overfishing. The Council sent a letter to NMFS, dated June 27, 2017, to
request that NMFS implement interim measures to immediately reduce
overfishing of golden tilefish while long-term management measures are
developed to end overfishing of golden tilefish. Section 305(c)(3)(B)
of the Magnuson-Stevens Act allows for interim measures to be extended
for one additional period of 186 days provided that the public has had
an opportunity to comment on the interim measures and that the Council
is actively preparing an FMP amendment to address the overfishing on a
permanent basis. NMFS published a proposed temporary rule on October
30, 2017, and requested public comments on these interim measures (82
FR 50101). NMFS responded to public comments in the final temporary
rule published on January 2, 2018 (83 FR 65).
Classification
The Regional Administrator for the NMFS Southeast Region has
determined that the interim measures extended through this temporary
rule are necessary for the conservation and management of the South
Atlantic golden tilefish stock, until long-term measures are
implemented, and are consistent with the FMP, the Magnuson-Stevens Act
and other applicable laws.
This temporary rule extension has been determined to be not
significant for purposes of Executive Order 12866.
This temporary rule extension is exempt from the procedures of the
RFA, because the rule is issued without the opportunity for prior
notice and public comment.
NMFS prepared an EA for the interim measures contained in the
January 2, 2018, final temporary rule (83 FR 65). The EA analyzed the
impacts of reduced harvest through the 2018 fishing year, which
includes the impacts related to extending the interim measures.
Therefore, the impacts of extending the interim measures through this
temporary rule have already been considered. Electronic copies of the
EA are available from NMFS (see ADDRESSES).
This temporary rule extension responds to the best scientific
information available. The Assistant Administrator for NOAA Fisheries
(AA) finds that the need to immediately implement this action
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 extension are unnecessary and contrary to the public interest.
Such procedures are unnecessary because NMFS already published a
proposed temporary rule on October 30, 2017, and requested public
comments on these interim measures, including their potential extension
(82 FR 50101). NMFS responded to public comments in the final temporary
rule published on January 2, 2018 (83 FR 65). This temporary rule
extension continues the interim measures unchanged for an additional
186 days.
Prior notice and opportunity for public comment are contrary to the
public interest because of the need to continue these interim measures
without interruption to protect the golden tilefish stock until the
Council and NMFS can prepare and possibly implement management measures
under Regulatory Amendment 28 to end overfishing of golden tilefish on
a permanent basis. Prior notice and opportunity for public comment
would require time and could result in an interruption of the interim
measures and, therefore, allow harvest in excess of ACLs and quotas
implemented by this temporary rule extension, which would contribute to
overfishing of golden tilefish. Allowing overfishing of golden tilefish
to continue would be contrary to National Standard 1 of the Magnuson-
Stevens Act. National Standard 1 requires NMFS to conserve and manage
ocean resources to prevent overfishing, while achieving the optimum
yield from each fishery.
The AA also finds good cause to waive the 30-day delay in this
temporary rule extension's effectiveness, pursuant to the authority set
forth in 5 U.S.C. 553(d)(3) as such procedure for this temporary rule
extension is impracticable and contrary to the public interest. A delay
in effectiveness is impracticable, because it would contribute to
overfishing of golden tilefish, which is contrary to National Standard
1 of the Magnuson-Stevens Act as stated previously. Without this
temporary rule extension becoming effective immediately after the
duration of and without interruption from the final temporary rule,
which would end after July 1, 2018, the commercial and recreational
sectors would be able to harvest golden tilefish under higher ACLs and
quotas than those implemented by the final temporary rule and continued
through this temporary rule extension. These harvests could result in
further overfishing of golden tilefish, contrary to NMFS' statutory
obligations. By implementing this temporary rule extension immediately,
the total harvest of golden tilefish would be reduced until the Council
and NMFS can prepare and possibly implement management measures under
Regulatory Amendment 28 to end overfishing of golden tilefish on a
permanent basis.
In addition, delaying the effectiveness of this final temporary
rule for 30 days is contrary to the public interest because of the need
to immediately implement this action to protect golden tilefish. The
capacity of the fishing fleet allows for rapid harvest of the ACL.
Delaying the effectiveness of this temporary rule extension would
require time and could potentially result in a harvest in excess of the
reduced ACLs implemented by this temporary rule extension, increasing
the likelihood of future overfishing and more restrictive measures to
address it.
Accordingly, the 30-day delay in effectiveness of the measures
contained in this temporary rule extension is waived.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 14, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2018-13120 Filed 6-18-18; 8:45 am]
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