Rule2023-03755
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2023 Commercial Longline Closure for Golden Tilefish in the South Atlantic
Primary source
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Published
February 23, 2023
Effective
February 26, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS implements an accountability measure for the commercial longline component for golden tilefish in the exclusive economic zone (EEZ) of the South Atlantic. Commercial landings of golden tilefish harvested by longline gear are projected to reach the commercial quota for the longline component by February 26, 2023. Therefore, NMFS closes the commercial longline component of golden tilefish in the South Atlantic EEZ. This closure is necessary to protect the golden tilefish resource.
Full Text
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<title>Federal Register, Volume 88 Issue 36 (Thursday, February 23, 2023)</title>
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[Federal Register Volume 88, Number 36 (Thursday, February 23, 2023)]
[Rules and Regulations]
[Page 11397]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03755]
[[Page 11397]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120404257-3325-02; RTID 0648-XC788]
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2023 Commercial Longline Closure for Golden Tilefish in the South
Atlantic
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 landings of golden tilefish
harvested by longline gear are projected to reach the commercial quota
for the longline component by February 26, 2023. Therefore, NMFS closes
the commercial longline component of golden tilefish in the South
Atlantic EEZ. This closure is necessary to protect the golden tilefish
resource.
DATES: This temporary rule is effective from 12:01 a.m. eastern time on
February 26, 2023, through December 31, 2023.
FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional
Office, telephone: 727-824-5305, email: <a href="/cdn-cgi/l/email-protection#4b262a3932653d2a392a0b25242a2a652c243d"><span class="__cf_email__" data-cfemail="7d101c0f04530b1c0f1c3d13121c1c531a120b">[email protected]</span></a>.
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 has two components, each
with its own quota: the longline and hook-and-line components (50 CFR
622.190(a)(2)). The commercial annual catch limit (ACL) for golden
tilefish is allocated 75 percent to the longline component and 25
percent to the hook-and-line component. The total commercial ACL, which
is equivalent to the total commercial quota, is 331,740 lb (150,475 kg)
in gutted weight. The longline component quota is 248,805 lb (112,856
kg) in gutted weight.
Under 50 CFR 622.193(a)(1)(ii), NMFS is required to close the
commercial longline component for golden tilefish when its 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 this
closure, 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 by February 26, 2023.
Accordingly, the commercial longline component of South Atlantic golden
tilefish is closed effective at 12:01 a.m. eastern time on February 26,
2023, and will remain closed until the start of the next fishing year
on January 1, 2024.
During the commercial longline closure, golden tilefish may still
be commercially harvested using hook-and-line gear on a vessel with a
commercial South Atlantic unlimited snapper-grouper permit without a
longline endorsement until the hook-and-line quota specified in 50 CFR
622.190(a)(2)(ii) is reached. 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). During the commercial
longline closure, the recreational bag 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 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
before February 26, 2023. 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 before February 26, 2023, and
were held in cold storage by a dealer or processor. Additionally, the
recreational bag and possession limits and the sale and purchase
prohibitions under 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
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)(ii),
issued pursuant to section 304(b), 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 longline component have
already been subject to notice and public comment, and all that remains
is to notify the public of the commercial longline component closure.
Prior notice and opportunity for public comment on this action is
contrary to the public interest because of the need to immediately
implement the commercial component closure to protect the South
Atlantic golden tilefish resource. The capacity of the longline fishing
fleet allows for rapid harvest of the commercial longline component
quota, and any delay in the commercial closure could result in the
commercial longline component quota being exceeded. Prior notice and
opportunity for public comment would require time and would potentially
result in a harvest that exceeds the commercial quota.
For the reasons stated earlier, the Assistant Administrator for
Fisheries 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: February 17, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-03755 Filed 2-17-23; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on February 23, 2023.
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