Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2019 Commercial Accountability Measure and Closure for South Atlantic Golden Tilefish, 8997-8998 [2019-04605]

Download as PDF Federal Register / Vol. 84, No. 49 / Wednesday, March 13, 2019 / Rules and Regulations inform and minimize impact on all affected entities, including small entities. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration B. Paperwork Reduction Analysis 19. The Second Report and Order does not contain any new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104–13. In addition, it does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198. C. Congressional Review Act 20. The Commission will send a copy of the Second Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act (CRA). III. Ordering Clauses 21. It is ordered that pursuant to sections 4(i), 4(j), 11, 201–205 and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 161, 201–205 and 303(r), the Second Report and Order is adopted. 22. It is further ordered that the actions taken in the Second Report and Order will become effective April 12, 2019. 23. It is further ordered that the Commission’s Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of the Second Report and Order, including the Final Regulatory Flexibility Analysis to the Chief Counsel for Advocacy of the Small Business Administration. 24. It is further ordered that the Second Report and Order shall be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). Federal Communications Commission. Marlene Dortch, Secretary. [FR Doc. 2019–04568 Filed 3–12–19; 8:45 am] amozie on DSK9F9SC42PROD with RULES BILLING CODE 6712–01–P VerDate Sep<11>2014 16:11 Mar 12, 2019 Jkt 247001 50 CFR Part 622 [Docket No. 120404257–3325–02] RIN 0648–XG850 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2019 Commercial Accountability Measure and Closure for South Atlantic Golden Tilefish National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: 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 on March 14, 2019. Therefore, NMFS closes the commercial longline component of golden tilefish in the South Atlantic EEZ on March 14, 2019, at 12:01 a.m., local time. This closure is necessary to protect the golden tilefish resource. DATES: This temporary rule is effective from 12:01 a.m., local time, March 14, 2019, until 12:01 a.m., local time, January 1, 2020. 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 SnapperGrouper 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. On January 2, 2018, NMFS published a final temporary rule to implement interim SUMMARY: PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 8997 measures reduce overfishing of golden tilefish in Federal waters of the South Atlantic (83 FR 65). These interim measures, which were originally effective through July 1, 2018, and were extended through January 3, 2019, (83 FR 28387; June 16, 2018), reduced the total ACL, the commercial and recreational ACLS, and the commercial quotas for the hook-and-line and longline components. On December 4, 2018, NMFS published a final rule (83 FR 62508) that implemented Regulatory Amendment 28 to the FMP, which revised the commercial and recreational ACLs for golden tilefish. The commercial ACL was revised from 323,000 lb (146,510 kg) gutted weight, to 331,740 lb (150,475 kg) gutted weight, and the longline component quota was revised from 234,982 (106,586 kg) to 248,805 lb (112,856 kg) gutted weight. Although these ACL revisions are increases over the ACLs set by the interim rule, they are still decreases relative to the ACLs that were in effect before the interim rule. 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 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 on March 14, 2019. Accordingly, the commercial longline component of South Atlantic golden tilefish is closed effective at 12:01 a.m., local time, March 14, 2019. During the commercial longline closure, golden tilefish may still be harvested commercially using hookand-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). 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., local time, on March 14, 2019. During the commercial longline closure, the recreational bag limit and possession limits specified in 50 CFR E:\FR\FM\13MRR1.SGM 13MRR1 8998 Federal Register / Vol. 84, No. 49 / Wednesday, March 13, 2019 / Rules and Regulations 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 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, on March 14, 2019, 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 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 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 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: March 8, 2019. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2019–04605 Filed 3–8–19; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 151211999–6343–02] RIN 0648–XG836 Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Gulf of Maine Cod and Witch Flounder Trip Limit Increases for the Common Pool Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason adjustment. AGENCY: This action increases the possession and trip limits of Gulf of Maine cod and witch flounder for Northeast multispecies common pool vessels for the remainder of the 2019 fishing year, in order to provide the common pool fishery greater opportunity to harvest, but not exceed, its annual quota for these stocks. DATES: These possession and trip limit adjustments are effective March 13, 2019, through April 30, 2019. FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Management Specialist, 978–281–9232. SUPPLEMENTARY INFORMATION: SUMMARY: Possession and Trip Limit Increase for Georges Bank Cod The regulations at § 648.86(o) authorize the Regional Administrator to adjust the possession and trip limits for common pool vessels in order to help avoid overharvest or underharvest of the common pool quotas. Based on most recent catch information, the common pool fishery has caught 5.3 mt of Gulf of Maine (GOM) cod, or approximately 44.9 percent of its 11.9 mt annual quota. Additionally, the common pool fishery has caught 5.2 mt of witch flounder, or approximately 28.2 percent of its 18.3 mt annual quota. At the current rate of fishing, the common pool fishery is not projected to fully harvest its annual quota for either stock by the end of the 2019 fishing year. Providing vessels an opportunity to possess and land greater amounts of catch should provide greater incentive to fish and more opportunity to catch available quota. Based on our review of past fishing effort, we project that a moderate increase in the possession and trip limit for each stock should provide additional fishing opportunities and flexibility to catch available quota while ensuring that the common pool does not exceed its annual quotas. Effective March 13, 2019, the possession and trip limits of GOM cod and witch flounder are increased, as summarized in Table 1. amozie on DSK9F9SC42PROD with RULES TABLE 1—CURRENT AND NEW POSSESSION AND TRIP LIMITS Stock Permit Current New GOM cod ....................................... A DAS ........................................... 50 lb (23 kg) per DAS, up to 100 lb (45 kg) per trip. 50 lb (23 kg) per trip ..................... 25 lb (11 kg) per trip ..................... 50 lb (23 kg) per trip ..................... 400 lb (181 kg) per trip ................. 100 lb (45 kg) per DAS, up to 200 lb (91 kg) per trip. 100 lb (45 kg) per trip. 25 lb (11 kg) per trip. 100 lb (45 kg) trip. 600 lb (272 kg) per trip. Witch flounder ................................ VerDate Sep<11>2014 16:11 Mar 12, 2019 Handgear A .................................. Handgear B .................................. Small Vessel Category * ............... A DAS ........................................... Handgear A. Handgear B. Jkt 247001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\13MRR1.SGM 13MRR1

Agencies

[Federal Register Volume 84, Number 49 (Wednesday, March 13, 2019)]
[Rules and Regulations]
[Pages 8997-8998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04605]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120404257-3325-02]
RIN 0648-XG850


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2019 Commercial Accountability Measure and Closure for South Atlantic 
Golden Tilefish

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 
quota on March 14, 2019. Therefore, NMFS closes the commercial longline 
component of golden tilefish in the South Atlantic EEZ on March 14, 
2019, at 12:01 a.m., local time. This closure is necessary to protect 
the golden tilefish resource.

DATES: This temporary rule is effective from 12:01 a.m., local time, 
March 14, 2019, until 12:01 a.m., local time, January 1, 2020.

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 (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. On January 2, 2018, NMFS published a final 
temporary rule to implement interim measures reduce overfishing of 
golden tilefish in Federal waters of the South Atlantic (83 FR 65). 
These interim measures, which were originally effective through July 1, 
2018, and were extended through January 3, 2019, (83 FR 28387; June 16, 
2018), reduced the total ACL, the commercial and recreational ACLS, and 
the commercial quotas for the hook-and-line and longline components. On 
December 4, 2018, NMFS published a final rule (83 FR 62508) that 
implemented Regulatory Amendment 28 to the FMP, which revised the 
commercial and recreational ACLs for golden tilefish. The commercial 
ACL was revised from 323,000 lb (146,510 kg) gutted weight, to 331,740 
lb (150,475 kg) gutted weight, and the longline component quota was 
revised from 234,982 (106,586 kg) to 248,805 lb (112,856 kg) gutted 
weight. Although these ACL revisions are increases over the ACLs set by 
the interim rule, they are still decreases relative to the ACLs that 
were in effect before the interim rule.
    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 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 on March 14, 2019. Accordingly, the commercial longline 
component of South Atlantic golden tilefish is closed effective at 
12:01 a.m., local time, March 14, 2019.
    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 commercial trip limit, as specified in 50 CFR 622.191(a)(2)(ii). 
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., local time, on March 14, 2019. During the commercial 
longline closure, the recreational bag limit and possession limits 
specified in 50 CFR

[[Page 8998]]

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 
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, on March 14, 2019, 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 
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 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 
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: March 8, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2019-04605 Filed 3-8-19; 4:15 pm]
BILLING CODE 3510-22-P