Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Re-Opening of Commercial Longline Fishery for South Atlantic Golden Tilefish, 14602-14603 [2020-05130]
Download as PDF
<![CDATA[
14602
Federal Register / Vol. 85, No. 50 / Friday, March 13, 2020 / Rules and Regulations
jbell on DSKJLSW7X2PROD with RULES
Classification
IPHC Regulations
These IPHC annual management
measures are a product of an agreement
between the United States and Canada
and are published in the Federal
Register to provide notice of their
effectiveness and content. Pursuant to
section 4 of the Northern Pacific Halibut
Act of 1982, 16 U.S.C. 773b, the
Secretary of State, with the concurrence
of the Secretary of Commerce, may
‘‘accept or reject’’ but not modify these
recommendations of the IPHC. The
notice-and-comment and delay-ineffectiveness date provisions of the
Administrative Procedure Act (APA), 5
U.S.C. 553(b) and (d), are inapplicable
to IPHC management measures because
this regulation involves a foreign affairs
function of the United States, 5 U.S.C.
553(a)(1). As stated above, the Secretary
of State has no discretion to modify the
recommendations of the IPHC. The
additional time necessary to comply
with the notice-and-comment and
delay-in-effectiveness requirements of
the APA would disrupt coordinated
international conservation and
management of the halibut fishery
pursuant to the Convention.
Additionally, these IPHC management
measures are published pursuant to
regulations at 50 CFR 300.62 which
VerDate Sep<11>2014
16:21 Mar 12, 2020
Jkt 250001
mandate ‘‘immediate regulatory effect’’
upon publication in the Federal
Register. The promulgation of 50 CFR
300.62, thus, notified the public that
IPHC management measures are revised
annually and are in effect immediately
upon publication. Furthermore, no other
law requires prior notice and public
comment for this rule. Because prior
notice and an opportunity for public
comment are not required to be
provided for these portions of this rule
by 5 U.S.C. 553, or any other law, the
analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are not applicable. Accordingly,
no Regulatory Flexibility Analysis is
required for this portion of the rule and
none has been prepared. This final rule
has been determined to be not
significant for the purposes of Executive
Order 12866. Because this is not a
significant rule, the provisions of
Executive Order 13771 are inapplicable.
Authority: 16 U.S.C. 773 et seq.
Dated: March 10, 2020.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2020–05228 Filed 3–12–20; 8:45 am]
BILLING CODE 3510–22–P
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 120404257–3325–02]
[RTID 0648–XS027]
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; ReOpening of Commercial Longline
Fishery for South Atlantic Golden
Tilefish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; re-opening.
AGENCY:
NMFS announces the reopening of the commercial longline
component for golden tilefish in the
exclusive economic zone (EEZ) of the
South Atlantic through this temporary
rule. The most recent commercial
longline landings data for golden tilefish
indicate the commercial longline annual
catch limit (ACL) for the 2020 fishing
year has not yet been reached.
Therefore, NMFS re-opens the
commercial longline component for
golden tilefish in the South Atlantic
EEZ for 9 days to allow the commercial
longline ACL to be caught while
SUMMARY:
E:\FR\FM\13MRR1.SGM
13MRR1
ER13MR20.003</GPH>
BILLING CODE 3510–22–C
jbell on DSKJLSW7X2PROD with RULES
Federal Register / Vol. 85, No. 50 / Friday, March 13, 2020 / Rules and Regulations
minimizing the risk of the commercial
ACL being exceeded.
DATES: This temporary rule is effective
from 12:01 a.m. eastern time on March
14, 2020, until 12:01 a.m. eastern time
on March 23, 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 sector for golden
tilefish comprises the longline and
hook-and-line components. The
commercial golden tilefish ACL is
allocated 75 percent to the longline
component and 25 percent to the hookand-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 (50 CFR 622.190(a)(2)(iii).
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 specified under 50
CFR 622.190(a)(2)(iii) is 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
previously determined that the
commercial quota for the golden tilefish
longline component in the South
Atlantic would be reached by February
18, 2020. Therefore, NMFS published a
temporary rule to close the commercial
longline component for South Atlantic
golden tilefish from February 18, 2020,
through the end of the 2020 fishing year
(85 FR 9398; February 19, 2020).
However, a recent landings estimation
indicates that the commercial longline
ACL for golden tilefish has not been
met.
In accordance with 50 CFR 622.8(c),
NMFS temporarily re-opens the
commercial longline component for
golden tilefish on March 14, 2020. The
VerDate Sep<11>2014
16:21 Mar 12, 2020
Jkt 250001
commercial longline component will
remain open for 9 days to allow for the
commercial longline ACL to be reached.
The commercial longline component
will be closed from 12:01 a.m. eastern
time on March 23, 2020, until January
1, 2021, the start of the next fishing
year. NMFS has determined that this reopening will allow for an additional
opportunity to commercially harvest the
golden tilefish longline component
quota while minimizing the risk of
exceeding the commercial ACL.
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 having golden tilefish
on board must have landed and
bartered, traded, or sold such golden
tilefish prior to 12:01 a.m. eastern time
on March 23, 2020. During the
subsequent commercial longline
closure, golden tilefish may still be
commercially harvested using hookand-line gear while the hook-and-line
component is open. However, a vessel
with a golden tilefish longline
endorsement is not eligible to fish for or
possess golden tilefish using hook-andline 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.
eastern time on March 23, 2020. 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 longlinecaught 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. eastern time on March 23,
2020, and 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).
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
14603
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
622.8(c) 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
re-open 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. Such procedures are
unnecessary, because the applicable
regulations have already been subject to
notice and comment, and all that
remains is to notify the public of the reopening.
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 9, 2020.
Karyl K. Brewster-Geisz,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–05130 Filed 3–10–20; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 200227–0066; RTID 0648–
XY087]
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Catcher/Processors Using Trawl Gear
in 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:
E:\FR\FM\13MRR1.SGM
13MRR1
]]>Agencies
[Federal Register Volume 85, Number 50 (Friday, March 13, 2020)]
[Rules and Regulations]
[Pages 14602-14603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05130]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120404257-3325-02]
[RTID 0648-XS027]
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Re-Opening of Commercial Longline Fishery for South Atlantic Golden
Tilefish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; re-opening.
-----------------------------------------------------------------------
SUMMARY: NMFS announces the re-opening of the commercial longline
component for golden tilefish in the exclusive economic zone (EEZ) of
the South Atlantic through this temporary rule. The most recent
commercial longline landings data for golden tilefish indicate the
commercial longline annual catch limit (ACL) for the 2020 fishing year
has not yet been reached. Therefore, NMFS re-opens the commercial
longline component for golden tilefish in the South Atlantic EEZ for 9
days to allow the commercial longline ACL to be caught while
[[Page 14603]]
minimizing the risk of the commercial ACL being exceeded.
DATES: This temporary rule is effective from 12:01 a.m. eastern time on
March 14, 2020, until 12:01 a.m. eastern time on March 23, 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 (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 sector for golden tilefish comprises the longline
and hook-and-line components. The commercial golden tilefish 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 (50
CFR 622.190(a)(2)(iii).
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 specified under 50 CFR 622.190(a)(2)(iii)
is 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 previously determined that
the commercial quota for the golden tilefish longline component in the
South Atlantic would be reached by February 18, 2020. Therefore, NMFS
published a temporary rule to close the commercial longline component
for South Atlantic golden tilefish from February 18, 2020, through the
end of the 2020 fishing year (85 FR 9398; February 19, 2020). However,
a recent landings estimation indicates that the commercial longline ACL
for golden tilefish has not been met.
In accordance with 50 CFR 622.8(c), NMFS temporarily re-opens the
commercial longline component for golden tilefish on March 14, 2020.
The commercial longline component will remain open for 9 days to allow
for the commercial longline ACL to be reached. The commercial longline
component will be closed from 12:01 a.m. eastern time on March 23,
2020, until January 1, 2021, the start of the next fishing year. NMFS
has determined that this re-opening will allow for an additional
opportunity to commercially harvest the golden tilefish longline
component quota while minimizing the risk of exceeding the commercial
ACL.
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 having golden tilefish on
board must have landed and bartered, traded, or sold such golden
tilefish prior to 12:01 a.m. eastern time on March 23, 2020. During the
subsequent commercial longline closure, golden tilefish may still be
commercially harvested using hook-and-line gear while the hook-and-line
component is open. 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. eastern time on March 23,
2020. 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 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 March 23,
2020, and 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
FMP, the Magnuson-Stevens Act, and other applicable laws.
This action is taken under 50 CFR 622.8(c) 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 re-open 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. Such
procedures are unnecessary, because the applicable regulations have
already been subject to notice and comment, and all that remains is to
notify the public of the re-opening.
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 9, 2020.
Karyl K. Brewster-Geisz,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-05130 Filed 3-10-20; 4:15 pm]
BILLING CODE 3510-22-P
