Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2021 Commercial Hook-and-Line Closure for South Atlantic Golden Tilefish, 29209-29210 [2021-11492]

Download as PDF Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Rules and Regulations requirements, and imposes no additional requirements beyond those imposed by state law, and there are no anticipated significant adverse human health or environmental effects, the rule is not subject to Executive Order 12898. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this document and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the final rule correction in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This correction is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Authority: This action is issued under the authority of sections 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act as amended, 42 U.S.C. 6912(a), 6926, and 6974(b). Dated: May 24, 2021. Deborah Jordan, Acting Regional Administrator, Region IX. [FR Doc. 2021–11394 Filed 5–28–21; 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; RTID 0648–XB110] Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2021 Commercial Hook-and-Line 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 hook-and-line component of golden tilefish in the South Atlantic exclusive economic zone (EEZ). NMFS projects that commercial hook-and-line landings for golden tilefish will reach the commercial quota for the hook-andline component by June 1, 2021. jbell on DSKJLSW7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:41 May 28, 2021 Jkt 253001 Therefore, NMFS closes the commercial hook-and-line component for golden tilefish in the South Atlantic EEZ on June 1, 2021. This closure is necessary to protect the golden tilefish resource. DATES: This temporary rule is effective at 12:01 a.m., Eastern Time, on June 1, 2021, until 12:01 a.m., Eastern Time, on January 1, 2022. 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 and NMFS, 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. All weights in this temporary rule are given in gutted weight. The commercial sector for golden tilefish has two components, each with its own quota: The hook-and-line and longline components (50 CFR 622.190(a)(2)). The golden tilefish commercial annual catch limit (ACL) is allocated 25 percent to the hook-andline component and 75 percent to the longline component. The total commercial ACL (equivalent to the commercial quota) for golden tilefish is 331,740 lb (150,475 kg), and the hookand-line component ACL is 82,935 lb (37,619 kg). Under 50 CFR 622.193(a)(1)(i), NMFS is required to close the commercial hook-and-line component for golden tilefish when its commercial ACL has been reached, or is projected to be reached, by filing such a notification 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 June 1, 2021. Accordingly, the commercial hook-andline component of South Atlantic golden tilefish is closed effective at 12:01 a.m., Eastern Time, on June 1, 2021. The commercial longline component for South Atlantic golden tilefish also closed on March 31, 2021, and will remain closed for the remainder of the current fishing year, through December 31, 2021 (86 FR 14549; March 17, 2021). Therefore, because the commercial longline component is already closed, and NMFS is closing the commercial PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 29209 hook-and-line component through this temporary rule, all harvest of South Atlantic golden tilefish in the EEZ is limited to the recreational bag and possession limits specified in 50 CFR 622.187(b)(2)(iii) and (c)(1) as long as the recreational sector is open. The operator of a vessel with a valid Federal commercial vessel permit for South Atlantic snapper-grouper having golden tilefish on board harvested by hook-and-line must have landed and bartered, traded, or sold such golden tilefish prior to 12:01 a.m., Eastern Time, on June 1, 2021. 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., Eastern Time, on June 1, 2021, 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 recreational bag and possession limits and the sale and purchase prohibitions during the commercial closure for golden tilefish apply regardless of whether the fish are harvested in state or Federal waters, as specified in 50 CFR 622.190(c)(1)(ii). Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR 622.193(a)(1), which was issued pursuant to section 304(b) of the Magnuson-Stevens Act, and is exempt from review under Executive Order 12866. Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice and an opportunity for public comment on this action, as notice and comment is unnecessary and contrary to the public interest. Such procedures are unnecessary because the regulations associated with the commercial closure of the golden tilefish hook-and-line component have already been subject to notice and public comment, and all that remains is to notify the public of the closure. Such procedures are also contrary to the public interest because of the need to immediately implement the closure to protect the golden tilefish resource and minimize the risk of exceeding the sector’s ACL. Prior notice and opportunity for public comment would require time and would result in exceeding the sector’s ACL. For the aforementioned reasons, the Acting Assistant Administrator also finds good cause to waive the 30-day E:\FR\FM\01JNR1.SGM 01JNR1 29210 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Rules and Regulations delay in the effectiveness of this action under 5 U.S.C. 553(d)(3). Authority: 16 U.S.C. 1801 et seq. Dated: May 26, 2021. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2021–11492 Filed 5–27–21; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 201204–0325] RIN 0648–BK53 Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2021–2022 Biennial Specifications and Management Measures; Inseason Adjustments National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; inseason adjustments to biennial groundfish management measures. AGENCY: This final rule announces routine inseason adjustments to the harvest limits for incidental Pacific halibut retention in the sablefish primary fishery. The Pacific Fishery Management Council recommended, and NMFS is implementing, a decrease to the incidental Pacific halibut catch limit to ensure equitable harvest opportunities without exceeding the harvest limit. DATES: This final rule is effective June 1, 2021. FOR FURTHER INFORMATION CONTACT: Abbie Moyer, phone: 206–305–9601 or email: abbie.moyer@noaa.gov. SUMMARY: jbell on DSKJLSW7X2PROD with RULES Electronic Access This rule is accessible via the internet at the Office of the Federal Register website at https:// www.federalregister.gov. Background information and documents are available at the Pacific Fishery Management Council’s website at https:// www.pcouncil.org/. SUPPLEMENTARY INFORMATION: Background The Pacific Coast Groundfish Fishery Management Plan (PCGFMP), and its implementing regulations at 50 CFR part VerDate Sep<11>2014 16:41 May 28, 2021 Jkt 253001 660, subparts C through G, regulate fishing for over 90 species of groundfish off the coasts of Washington, Oregon, and California. The Pacific Fishery Management Council (Council) develops groundfish harvest specifications and management measures for two-year periods (i.e., a biennium). NMFS published the final rule to implement harvest specifications and management measures for the 2021–2022 biennium for most species managed under the PCGFMP on December 11, 2020, (85 FR 79880). NMFS also published a correction (85 FR 86853, December 31, 2020), and a correcting amendment (86 FR 14379, March 16, 2021) to implement the Council’s recommendations for the 2021–2022 harvest specifications and management measures. In general, the management measures set at the start of the biennial harvest specifications cycle help the various sectors of the fishery attain, but not exceed, the catch limits for each stock. The Council, in coordination with Pacific Coast Treaty Indian Tribes and the states of Washington, Oregon, and California, recommends adjustments to the management measures during the fishing year to achieve this goal. At its March 2–5 and 8–11, 2021, meeting, the Council recommended decreasing the amount of Pacific halibut that vessels in the sablefish primary fishery north of Point Chehalis, WA, may take incidentally to ensure that catch of Pacific halibut stays within the allocated amount. Pacific halibut is generally a prohibited species for vessels fishing in Pacific coast groundfish fisheries, unless explicitly allowed in groundfish regulations. The Council developed a Catch Sharing Plan for the International Pacific Halibut Commission (IPHC) Regulatory Area 2A, as provided for in the Northern Pacific Halibut Act of 1982 (16 U.S.C. 773–773k), to allocate the Area 2A annual total allowable catch (TAC) for Pacific halibut among fisheries off Washington, Oregon, and California. Under the Catch Sharing Plan, the sablefish primary fishery north of Point Chehalis, WA (46°53.30′ N lat.) is allocated a portion of the Washington recreational allocation, which varies via a TAC-dependent formula, as described in the Catch Sharing Plan. The sablefish primary fishery season is open from April 1 to October 31, though the fishery may close for individual participants prior to October 31 once they reach the cumulative limit associated with their tier assignment(s). Regulations at § 660.231(b)(3)(iv) allow vessels fishing in the sablefish primary PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 fishery with a permit from the IPHC to retain Pacific halibut up to a set landing limit, which may be reviewed and modified throughout the sablefish primary fishery season to allow for attainment, but not exceedance of the Pacific halibut allocation. The objectives for the annual landing restrictions are to allow incidental Pacific halibut catch to attain the Pacific halibut allocation at about the same time the sablefish primary season ends (October 31), and to ensure an equitable sharing of the Pacific halibut landings among the fishers. On March 9, 2021, NMFS implemented a 2021 Area 2A TAC of 1,510,000 pound (lb) (684.9 metric tons (mt)) (86 FR 13475). As specified by the Catch Sharing Plan, since the 2021 Area 2A catch limit is greater than 1.5 million pounds (680.4 mt), the incidental halibut limit for the sablefish primary fishery’s allocation is 70,000 lb (31.8 mt) (86 FR 13475, March 9, 2021), the same limit as was in place in 2020. In 2020, due to the COVID–19 pandemic affecting vessel participation, harvest during the regular sablefish primary fishery season was lower than predicted. As a result, at the September 2020 Council meeting, the Council recommended, and NMFS implemented, an emergency rule to extend the sablefish primary season, normally scheduled to end on October 31, until December 31, 2020 (85 FR 68001, October 27, 2020). Also, as part of that emergency rule, the incidental Pacific halibut retention allowance continued until the close of the Pacific halibut season on November 15, 2020. The 2020 season concluded with 90.5 percent of the 70,000 lb (31.8 mt) allowance for Pacific halibut landed. The effects of the COVID–19 pandemic on sablefish primary fishery harvest are expected to be lessened in 2021, compared to 2020. If fishing patterns return to more typical seasonal efforts in 2021, the incidental Pacific halibut retention limit in place in 2020 may be too high, and harvest of Pacific halibut may accrue too quickly to allow retention throughout the entire sablefish primary season, which is expected to run through October 31, 2021. Therefore, at the March 2021 virtual meeting, the Council recommended a precautionary reduction in Pacific halibut retention allowance early in the 2021 sablefish primary fishery season to discourage targeted fishing while allowing small incidental catches through the end of the season on October 31. The Council recommended, and NMFS is revising the incidental Pacific halibut retention regulations at E:\FR\FM\01JNR1.SGM 01JNR1

Agencies

[Federal Register Volume 86, Number 103 (Tuesday, June 1, 2021)]
[Rules and Regulations]
[Pages 29209-29210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11492]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120404257-3325-02; RTID 0648-XB110]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2021 Commercial Hook-and-Line 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 
hook-and-line component of golden tilefish in the South Atlantic 
exclusive economic zone (EEZ). NMFS projects that commercial hook-and-
line landings for golden tilefish will reach the commercial quota for 
the hook-and-line component by June 1, 2021. Therefore, NMFS closes the 
commercial hook-and-line component for golden tilefish in the South 
Atlantic EEZ on June 1, 2021. This closure is necessary to protect the 
golden tilefish resource.

DATES: This temporary rule is effective at 12:01 a.m., Eastern Time, on 
June 1, 2021, until 12:01 a.m., Eastern Time, on January 1, 2022.

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 NMFS, 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. All 
weights in this temporary rule are given in gutted weight.
    The commercial sector for golden tilefish has two components, each 
with its own quota: The hook-and-line and longline components (50 CFR 
622.190(a)(2)). The golden tilefish commercial annual catch limit (ACL) 
is allocated 25 percent to the hook-and-line component and 75 percent 
to the longline component. The total commercial ACL (equivalent to the 
commercial quota) for golden tilefish is 331,740 lb (150,475 kg), and 
the hook-and-line component ACL is 82,935 lb (37,619 kg).
    Under 50 CFR 622.193(a)(1)(i), NMFS is required to close the 
commercial hook-and-line component for golden tilefish when its 
commercial ACL has been reached, or is projected to be reached, by 
filing such a notification 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 June 
1, 2021. Accordingly, the commercial hook-and-line component of South 
Atlantic golden tilefish is closed effective at 12:01 a.m., Eastern 
Time, on June 1, 2021.
    The commercial longline component for South Atlantic golden 
tilefish also closed on March 31, 2021, and will remain closed for the 
remainder of the current fishing year, through December 31, 2021 (86 FR 
14549; March 17, 2021). Therefore, because the commercial longline 
component is already closed, and NMFS is closing the commercial hook-
and-line component through this temporary rule, all harvest of South 
Atlantic golden tilefish in the EEZ is limited to the recreational bag 
and possession limits specified in 50 CFR 622.187(b)(2)(iii) and (c)(1) 
as long as the recreational sector is open.
    The operator of a vessel with a valid Federal commercial vessel 
permit for South Atlantic snapper-grouper having golden tilefish on 
board harvested by hook-and-line must have landed and bartered, traded, 
or sold such golden tilefish prior to 12:01 a.m., Eastern Time, on June 
1, 2021. 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., Eastern Time, on June 1, 2021, 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 recreational bag and 
possession limits and the sale and purchase prohibitions during the 
commercial closure for golden tilefish apply regardless of whether the 
fish are harvested in state or Federal waters, as specified in 50 CFR 
622.190(c)(1)(ii).

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.193(a)(1), which was 
issued pursuant to section 304(b) of the Magnuson-Stevens Act, and is 
exempt from review under Executive Order 12866.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment on this action, as notice 
and comment is unnecessary and contrary to the public interest. Such 
procedures are unnecessary because the regulations associated with the 
commercial closure of the golden tilefish hook-and-line component have 
already been subject to notice and public comment, and all that remains 
is to notify the public of the closure. Such procedures are also 
contrary to the public interest because of the need to immediately 
implement the closure to protect the golden tilefish resource and 
minimize the risk of exceeding the sector's ACL. Prior notice and 
opportunity for public comment would require time and would result in 
exceeding the sector's ACL.
    For the aforementioned reasons, the Acting Assistant Administrator 
also finds good cause to waive the 30-day

[[Page 29210]]

delay in the effectiveness of this action under 5 U.S.C. 553(d)(3).

    Authority: 16 U.S.C. 1801 et seq.

    Dated: May 26, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-11492 Filed 5-27-21; 4:15 pm]
BILLING CODE 3510-22-P


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