Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2017 Commercial Accountability Measure and Closure for South Atlantic Golden Tilefish Hook-and-Line Component, 55952-55953 [2017-25559]

Download as PDF 55952 Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Rules and Regulations based upon the proposed action also published on October 5, 2017 (82 FR 46433). FOR FURTHER INFORMATION CONTACT: List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Best available retrofit technology, Incorporation by reference, Intergovernmental relations, Nitrogen oxides, Particulate matter, Reporting and recordkeeping requirements, Regional haze, Sulfur dioxide, Visibility, Volatile organic compounds. Dated: November 16, 2017. James B. Gulliford, Regional Administrator, Region 7. Accordingly, the direct final rule published at 82 FR 46415, October 5, 2017, is withdrawn effective November 27, 2017. ■ [FR Doc. 2017–25428 Filed 11–24–17; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 120404257–3325–02] RIN 0648- XF854 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2017 Commercial Accountability Measure and Closure for South Atlantic Golden Tilefish Hook-and-Line Component National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS implements accountability measures for the commercial hook-and-line component for golden tilefish in the exclusive economic zone (EEZ) of the South Atlantic. NMFS projects commercial hook-and-line landings for golden tilefish will reach the hook-and-line component’s commercial annual catch limit (ACL) on November 29, 2017. Therefore, NMFS closes the commercial hook-and-line component for golden tilefish in the South Atlantic EEZ on November 29, 2017, and it will remain closed until the start of the next fishing year on January 1, 2018. This closure is necessary to protect the golden tilefish resource. DATES: This rule is effective 12:01 a.m., local time, November 29, 2017, until 12:01 a.m., local time, January 1, 2018. pmangrum on DSK3GDR082PROD with RULES SUMMARY: VerDate Sep<11>2014 15:11 Nov 24, 2017 Jkt 244001 Mary Vara, NMFS Southeast Regional Office, telephone: 727–824–5305, email: mary.vara@noaa.gov. SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South Atlantic includes golden tilefish and is managed under the Fishery Management Plan for the SnapperGrouper 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 for 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 among two gear types, the longline and hook-and-line components. The commercial ACL (equivalent to the commercial quota) for the hook-andline component for golden tilefish in the South Atlantic is 135, 324 lb (61,382 kg), gutted weight, for the current fishing year, January 1 through December 31, 2017, as specified in 50 CFR 622.190(a)(2)(ii). Under 50 CFR 622.193(a)(1)(i), NMFS is required to close the commercial hook-and-line component for golden tilefish when the hook-and-line component’s commercial ACL has been reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. NMFS has determined that the commercial ACL for the hook-and-line component for golden tilefish in the South Atlantic will be reached by November 29, 2017. Accordingly, the commercial hook-andline component for South Atlantic golden tilefish is closed effective 12:01 a.m., local time, November 29, 2017, until 12:01 a.m., local time, January 1, 2018. The commercial longline component for South Atlantic golden tilefish closed on May 9, 2017, for the remainder of the current fishing year, until 12:01 a.m., local time, January 1, 2018 (82 FR 21316; May 8, 2017). Therefore, because the commercial longline component is already closed, and NMFS is closing the commercial hook-and-line component through this temporary rule, all commercial fishing for South Atlantic golden tilefish is closed effective 12:01 a.m., local time, November 29, 2017, until 12:01 a.m., local time, January 1, 2018. PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 The operator of a vessel with a valid Federal commercial vessel permit for South Atlantic snapper-grouper having golden tilefish on board must have landed and bartered, traded, or sold such golden tilefish prior to 12:01 a.m., local time, November 29, 2017. During the closure, the sale or purchase of golden tilefish taken from the EEZ is prohibited. The prohibition on sale or purchase does not apply to the sale or purchase of golden tilefish that were harvested by hook-and-line, landed ashore, and sold prior to 12:01 a.m., local time, November 29, 2017, and were held in cold storage by a dealer or processor. For a person on board a vessel for which a Federal commercial or charter vessel/headboat permit for the South Atlantic snapper-grouper fishery has been issued, the sale and purchase provisions of the commercial closure for golden tilefish would apply regardless of whether the fish are harvested in state or Federal waters, as specified in 50 CFR 622.190(c). 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)(i) 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 hook-and-line 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 are unnecessary and contrary to the public interest. Such procedures are unnecessary because the rule itself has been subject to notice and comment, and all that remains is to notify the public of the closure. Such procedures are contrary to the public interest because the capacity of the fishing fleet allows for rapid harvest of the commercial ACL for the hook-and-line component, and there is a need to immediately implement this action to protect golden tilefish. Prior notice and E:\FR\FM\27NOR1.SGM 27NOR1 Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Rules and Regulations opportunity for public comment would require time and could potentially result in a harvest well in excess of the established commercial ACL for the hook-and-line 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: November 21, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017–25559 Filed 11–21–17; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 161020985–7181–02] RIN 0648–XF851 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the Bering Sea Subarea of the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is prohibiting directed fishing for Pacific ocean perch in the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to pmangrum on DSK3GDR082PROD with RULES SUMMARY: VerDate Sep<11>2014 15:11 Nov 24, 2017 Jkt 244001 prevent exceeding the 2017 Pacific Ocean perch total allowable catch (TAC) in the Bering Sea subarea of the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), November 21, 2017, through 2400 hrs, A.l.t., December 31, 2017. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2017 Pacific ocean perch TAC in the Bering Sea subarea of the BSAI is 9,350 metric tons (mt) as established by the final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 27, 2017). The Regional Administrator has determined that the 2017 TAC for Pacific Ocean perch in the Bering Sea subarea of the BSAI will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 9,335 mt, and is setting aside the remaining 15 mt as bycatch to support other anticipated groundfish fisheries. Consequently, in accordance with § 679.20(d)(1)(iii), NMFS is prohibiting directed fishing for Pacific ocean perch in the Bering Sea subarea of the BSAI. After the effective date of this closure the maximum retainable amounts at PO 00000 Frm 00031 Fmt 4700 Sfmt 9990 55953 § 679.20(e) and (f) apply at any time during a trip. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the directed fishing closure of Pacific Ocean perch in the Bering Sea subarea of the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as November 14, 2017. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: November 21, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017–25562 Filed 11–21–17; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\27NOR1.SGM 27NOR1

Agencies

[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)]
[Rules and Regulations]
[Pages 55952-55953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25559]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120404257-3325-02]
RIN 0648- XF854


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2017 Commercial Accountability Measure and Closure for South Atlantic 
Golden Tilefish Hook-and-Line 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 accountability measures for the commercial 
hook-and-line component for golden tilefish in the exclusive economic 
zone (EEZ) of the South Atlantic. NMFS projects commercial hook-and-
line landings for golden tilefish will reach the hook-and-line 
component's commercial annual catch limit (ACL) on November 29, 2017. 
Therefore, NMFS closes the commercial hook-and-line component for 
golden tilefish in the South Atlantic EEZ on November 29, 2017, and it 
will remain closed until the start of the next fishing year on January 
1, 2018. This closure is necessary to protect the golden tilefish 
resource.

DATES: This rule is effective 12:01 a.m., local time, November 29, 
2017, until 12:01 a.m., local time, January 1, 2018.

FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional 
Office, telephone: 727-824-5305, email: mary.vara@noaa.gov.

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 for 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 among two gear types, the longline and hook-and-line components.
    The commercial ACL (equivalent to the commercial quota) for the 
hook-and-line component for golden tilefish in the South Atlantic is 
135, 324 lb (61,382 kg), gutted weight, for the current fishing year, 
January 1 through December 31, 2017, as specified in 50 CFR 
622.190(a)(2)(ii).
    Under 50 CFR 622.193(a)(1)(i), NMFS is required to close the 
commercial hook-and-line component for golden tilefish when the hook-
and-line component's commercial ACL has been reached, or is projected 
to be reached, by filing a notification to that effect with the Office 
of the Federal Register. NMFS has determined that the commercial ACL 
for the hook-and-line component for golden tilefish in the South 
Atlantic will be reached by November 29, 2017. Accordingly, the 
commercial hook-and-line component for South Atlantic golden tilefish 
is closed effective 12:01 a.m., local time, November 29, 2017, until 
12:01 a.m., local time, January 1, 2018.
    The commercial longline component for South Atlantic golden 
tilefish closed on May 9, 2017, for the remainder of the current 
fishing year, until 12:01 a.m., local time, January 1, 2018 (82 FR 
21316; May 8, 2017). Therefore, because the commercial longline 
component is already closed, and NMFS is closing the commercial hook-
and-line component through this temporary rule, all commercial fishing 
for South Atlantic golden tilefish is closed effective 12:01 a.m., 
local time, November 29, 2017, until 12:01 a.m., local time, January 1, 
2018.
    The operator of a vessel with a valid Federal commercial vessel 
permit for South Atlantic snapper-grouper having golden tilefish on 
board must have landed and bartered, traded, or sold such golden 
tilefish prior to 12:01 a.m., local time, November 29, 2017. During the 
closure, the sale or purchase of golden tilefish taken from the EEZ is 
prohibited. The prohibition on sale or purchase does not apply to the 
sale or purchase of golden tilefish that were harvested by hook-and-
line, landed ashore, and sold prior to 12:01 a.m., local time, November 
29, 2017, and were held in cold storage by a dealer or processor. For a 
person on board a vessel for which a Federal commercial or charter 
vessel/headboat permit for the South Atlantic snapper-grouper fishery 
has been issued, the sale and purchase provisions of the commercial 
closure for golden tilefish would apply regardless of whether the fish 
are harvested in state or Federal waters, as specified in 50 CFR 
622.190(c).

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)(i) 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 hook-
and-line 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 are unnecessary and contrary to the public interest. 
Such procedures are unnecessary because the rule itself has been 
subject to notice and comment, and all that remains is to notify the 
public of the closure. Such procedures are contrary to the public 
interest because the capacity of the fishing fleet allows for rapid 
harvest of the commercial ACL for the hook-and-line component, and 
there is a need to immediately implement this action to protect golden 
tilefish. Prior notice and

[[Page 55953]]

opportunity for public comment would require time and could potentially 
result in a harvest well in excess of the established commercial ACL 
for the hook-and-line 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: November 21, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-25559 Filed 11-21-17; 4:15 pm]
 BILLING CODE 3510-22-P