Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2019 Commercial Accountability Measure and Closure for South Atlantic Golden Tilefish Hook-and-Line Component, 35339-35340 [2019-15608]

Download as PDF Federal Register / Vol. 84, No. 141 / Tuesday, July 23, 2019 / Rules and Regulations 35339 TABLE 1 TO § 383.51 If a driver operates a motor vehicle and is convicted of: For a first conviction or refusal to be tested while operating a CMV, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * For a first conviction or refusal to be tested while operating a non-CMV, a CLP or CDL holder must be disqualified from operating a CMV for * * * * (10) Using a CMV in the commission of a felony involving an act or practice of severe forms of trafficking in persons, as defined and described in 22 U.S.C. 7102(11). * Life—not eligible for 10year reinstatement. * * * * * PART 384—STATE COMPLIANCE WITH COMMERCIAL DRIVER’S LICENSE PROGRAM For a first conviction or refusal to be tested while operating a CMV transporting hazardous materials as defined in § 383.5, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this Table while operating a CMV, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this Table while operating a non-CMV, a CLP or CDL holder must be disqualified from operating a CMV for * * * * * * Not applicable ................. Life—not eligible for 10year reinstatement. * Life—not eligible for 10year reinstatement. * Not applicable. DEPARTMENT OF COMMERCE 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. The commercial golden tilefish sector has two components, each with its own quota (ACL): The longline and hookand-line components (50 CFR 622.190(a)(2)). The golden tilefish commercial ACL is allocated 75 percent to the longline component and 25 percent to the hook-and-line component. 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 hook-and-line quota was set at 82,935 lb (37,619 kg), gutted weight, with the remainder of the commercial quota, 248,805 lb (112,856 kg), assigned to the longline component. 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 (quota) 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 golden tilefish hook-and-line component in the South Atlantic will be reached by July 20, 2019. Accordingly, the hook-and-line component of South Atlantic golden National Oceanic and Atmospheric Administration 50 CFR Part 622 5. The authority citation for part 384 continues to read as follows: ■ Authority: 49 U.S.C. 31136, 31301 et seq., and 31502; secs. 103 and 215 of Pub. L. 106– 59, 113 Stat. 1753, 1767; sec. 32934 of Pub. L. 112–141, 126 Stat. 405, 830; sec. 5401 and 7208 of Pub. L. 114–94, 129 Stat. 1312, 1546, 1593; and 49 CFR 1.87. 6. In § 384.301, add paragraph (j) to read as follows: * * * * * (j) A State must come into substantial compliance with the requirements of part 383 of this chapter in effect as of September 23, 2019, or as soon as practicable, but not later than September 23, 2023. Issued under authority delegated in 49 CFR 1.87. Dated: July 11, 2019. Raymond P. Martinez, Administrator. jspears on DSK30JT082PROD with RULES 16:11 Jul 22, 2019 Jkt 247001 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) by July 20, 2019. Therefore, NMFS closes the commercial hook-andline component for golden tilefish in the South Atlantic EEZ on July 23, 2019, and it will remain closed until the start of the next fishing year on January 1, 2020. This closure is necessary to protect the golden tilefish resource. DATES: This rule is effective at 12:01 a.m., local time, July 23, 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 SUMMARY: § 384.301 Substantial compliance— general requirements. VerDate Sep<11>2014 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2019 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. ■ BILLING CODE 4910–EX–P RIN 0648–XS003 AGENCY: Subpart C—Procedures for Determining State Compliance [FR Doc. 2019–15611 Filed 7–22–19; 8:45 am] [Docket No. 120404257–3325–02] PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\23JYR1.SGM 23JYR1 35340 Federal Register / Vol. 84, No. 141 / Tuesday, July 23, 2019 / Rules and Regulations jspears on DSK30JT082PROD with RULES tilefish is closed effective at 12:01 a.m., local time, July 23, 2019. The commercial longline component for South Atlantic golden tilefish closed on March 14, 2019, and will remain closed for the remainder of the fishing year, until 12:01 a.m., local time, January 1, 2020 (84 FR 8997; March 13, 2019). Additionally, the recreational sector for South Atlantic golden tilefish closed on June 17, 2019, and will remain closed for the remainder of the fishing year, until 12:01 a.m., local time, January 1, 2020 (84 FR 27479; June 16, 2019). Therefore, because the recreational sector and the commercial longline component is already closed, and NMFS is closing the commercial hook-and-line component through this temporary rule, all fishing for South Atlantic golden tilefish in the EEZ will be closed effective at 12:01 a.m., local time, July 23, 2019, until 12:01 a.m., local time, January 1, 2020. 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, July 23, 2019. During the closure, the harvest or possession and 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 hookand-line, landed ashore, and sold prior to 12:01 a.m., local time, July 23, 2019, 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 snappergrouper fishery has been issued, the prohibitions on harvest or possession and 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)(1)(ii). 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 opportunity for public comment would require time and could potentially result in a harvest well in excess of the established commercial ACL. 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: July 18, 2019. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2019–15608 Filed 7–18–19; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 180117042–8884–02] Classification RIN 0648–XT008 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) 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 Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries VerDate Sep<11>2014 16:11 Jul 22, 2019 Jkt 247001 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason quota transfer. AGENCY: NMFS is transferring 30 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Reserve category to the Harpoon category. With this transfer, the adjusted Harpoon category SUMMARY: PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 quota for the 2019 fishing season is 76 mt. The 2019 Harpoon category fishery is open until November 15, 2019, or until the Harpoon category quota is reached, whichever comes first. The action is based on consideration of the regulatory determination criteria regarding inseason adjustments, and applies to Atlantic tunas Harpoon category (commercial) permitted vessels. Effective July 18, 2019, through November 15, 2019. FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, 978–281–9260, or Larry Redd, 301–427–8503. SUPPLEMENTARY INFORMATION: Regulations implemented under the authority of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of BFT by persons and vessels subject to U.S. jurisdiction are found at 50 CFR part 635. Section 635.27 subdivides the U.S. BFT quota recommended by the International Commission for the Conservation of Atlantic Tunas (ICCAT) and as implemented by the United States among the various domestic fishing categories, per the allocations established in Amendment 7 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan (2006 Consolidated HMS FMP) (Amendment 7) (79 FR 71510, December 2, 2014), and in accordance with implementing regulations. NMFS is required under ATCA and the Magnuson-Stevens Act to provide U.S. fishing vessels with a reasonable opportunity to harvest the ICCAT-recommended quota. The current baseline quotas for the Harpoon and Reserve categories are 46 mt and 29.5 mt, respectively. See § 635.27(a). To date for 2019, NMFS has published two actions that have adjusted the available 2019 Reserve category quota, which currently is 143 mt (84 FR 3724, February 13, 2019, and 84 FR 6701, February 28, 2019). The 2019 Harpoon category fishery opened June 1 and is open through November 15, 2019, or until the Harpoon category quota is reached, whichever comes first. DATES: Quota Transfer Under § 635.27(a)(9), NMFS has the authority to transfer quota among fishing categories or subcategories, after considering regulatory determination criteria provided under § 635.27(a)(8). NMFS has considered the relevant determination criteria and their applicability to the Harpoon category E:\FR\FM\23JYR1.SGM 23JYR1

Agencies

[Federal Register Volume 84, Number 141 (Tuesday, July 23, 2019)]
[Rules and Regulations]
[Pages 35339-35340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15608]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120404257-3325-02]
RIN 0648-XS003


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2019 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) by July 20, 2019. 
Therefore, NMFS closes the commercial hook-and-line component for 
golden tilefish in the South Atlantic EEZ on July 23, 2019, and it will 
remain closed until the start of the next fishing year on January 1, 
2020. This closure is necessary to protect the golden tilefish 
resource.

DATES: This rule is effective at 12:01 a.m., local time, July 23, 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: [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.
    The commercial golden tilefish sector has two components, each with 
its own quota (ACL): The longline and hook-and-line components (50 CFR 
622.190(a)(2)). The golden tilefish commercial ACL is allocated 75 
percent to the longline component and 25 percent to the hook-and-line 
component. 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 hook-and-line quota 
was set at 82,935 lb (37,619 kg), gutted weight, with the remainder of 
the commercial quota, 248,805 lb (112,856 kg), assigned to the longline 
component.
    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 (quota) 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 golden tilefish hook-and-line component in the 
South Atlantic will be reached by July 20, 2019. Accordingly, the hook-
and-line component of South Atlantic golden

[[Page 35340]]

tilefish is closed effective at 12:01 a.m., local time, July 23, 2019.
    The commercial longline component for South Atlantic golden 
tilefish closed on March 14, 2019, and will remain closed for the 
remainder of the fishing year, until 12:01 a.m., local time, January 1, 
2020 (84 FR 8997; March 13, 2019). Additionally, the recreational 
sector for South Atlantic golden tilefish closed on June 17, 2019, and 
will remain closed for the remainder of the fishing year, until 12:01 
a.m., local time, January 1, 2020 (84 FR 27479; June 16, 2019). 
Therefore, because the recreational sector and the commercial longline 
component is already closed, and NMFS is closing the commercial hook-
and-line component through this temporary rule, all fishing for South 
Atlantic golden tilefish in the EEZ will be closed effective at 12:01 
a.m., local time, July 23, 2019, until 12:01 a.m., local time, January 
1, 2020.
    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, July 23, 2019. During the 
closure, the harvest or possession and 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, July 23, 2019, 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 prohibitions on harvest or 
possession and 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)(1)(ii).

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) 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 opportunity for public comment would require 
time and could potentially result in a harvest well in excess of the 
established commercial ACL.
    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: July 18, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2019-15608 Filed 7-18-19; 4:15 pm]
 BILLING CODE 3510-22-P