Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2020 Commercial Longline Closure for South Atlantic Golden Tilefish
| Published date | 19 February 2020 |
| Citation | 85 FR 9398 |
| Record Number | 2020-03206 |
| Section | Rules and Regulations |
| Court | National Oceanic And Atmospheric Administration |
Federal Register, Volume 85 Issue 33 (Wednesday, February 19, 2020)
[Federal Register Volume 85, Number 33 (Wednesday, February 19, 2020)]
[Rules and Regulations]
[Page 9398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03206]
[[Page 9398]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120404257-3325-02]
RTID 0648-XS024
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2020 Commercial Longline Closure for South Atlantic Golden Tilefish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
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
quota by February 18, 2020. Therefore, NMFS closes the commercial
longline component of golden tilefish in the South Atlantic EEZ on
February 18, 2020, at 12:01 a.m. eastern time. This closure is
necessary to protect the golden tilefish resource.
DATES: This temporary rule is effective from 12:01 a.m. eastern time on
February 18, 2020, until 12:01 a.m. eastern time on January 1, 2021.
FOR FURTHER INFORMATION CONTACT: Mary Vara, 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 (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.
The commercial golden tilefish sector has two components, each with
its own quota: The longline and hook-and-line components (50 CFR
622.190(a)(2)). The commercial tilefish annual catch limit (ACL) is
allocated 75 percent to the longline component and 25 percent to the
hook-and-line component. The commercial ACL (equivalent to the
commercial quota) is 331,740 lb (150,475 kg) gutted weight, and the
longline component quota is 248,805 lb (112,856 kg) gutted weight.
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 longline component quota is reached or is
projected to be reached, golden tilefish may not be commercially fished
or possessed by a vessel with a golden tilefish longline endorsement.
NMFS has determined that the commercial quota for the golden tilefish
longline component in the South Atlantic will be reached by February
18, 2020. Accordingly, the commercial longline component of South
Atlantic golden tilefish is closed effective at 12:01 a.m. eastern time
on February 18, 2020, and will remain closed until the next fishing
year that begins on January 1, 2021.
During the commercial longline closure, golden tilefish may still
be commercially harvested 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 commercial trip limit, as specified in 50 CFR 622.191(a)(2)(ii).
During the commercial longline closure, the recreational 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 South Atlantic EEZ is prohibited during the commercial longline
closure. The operator of a vessel with a valid Federal commercial
vessel permit for South Atlantic snapper-grouper and a valid commercial
longline endorsement for golden tilefish with golden tilefish on board
must have landed and bartered, traded, or sold such golden tilefish
prior to 12:01 a.m. eastern time on February 18, 2020. 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. eastern time on February 18, 2020, and those that
were held in cold storage by a dealer or processor. Additionally, the
recreational bag and possession limits and the sale and purchase
prohibitions under 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 for the NMFS Southeast Region has
determined this temporary rule is necessary for the conservation and
management of South Atlantic golden tilefish and is consistent with the
FMP, 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 NOAA Fisheries (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.
Dated: February 13, 2020.
Karyl K. Brewster-Geisz,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-03206 Filed 2-13-20; 4:15 pm]
BILLING CODE 3510-22-P
