[Federal Register Volume 88, Number 170 (Tuesday, September 5, 2023)]
[Rules and Regulations]
[Pages 60597-60598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19101]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 221026-0227]
RTID 0648-XD324


Fisheries of the Northeastern United States; Blueline Tilefish 
Fishery; 2023 Blueline Tilefish Commercial Quota Harvested

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure of the blueline tilefish commercial 
fishery.

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SUMMARY: Federal commercial tilefish permit holders are prohibited from 
fishing for, catching, possessing, transferring or landing blueline 
tilefish in the Tilefish Management Unit for the remainder of the 2023 
fishing year. This action is required when NMFS projects that 100 
percent of the 2023 total allowable landings will be caught by the 
effective date. This action is intended to prevent over-harvest of 
blueline tilefish for the fishing year.

DATES: Effective 0001 hr local time, September 5, 2023 through December 
31, 2023.

FOR FURTHER INFORMATION CONTACT: Laura Hansen, Fishery Management 
Specialist, (978) 281-9225.

SUPPLEMENTARY INFORMATION: Regulations for the blueline tilefish 
fishery are at 50 CFR part 648. The regulations at Sec.  
648.295(b)(2)(ii) require that when NMFS projects that blueline 
tilefish catch will reach 100 percent of the total allowable landings 
(TAL), the Regional Administrator must close the commercial blueline 
tilefish fishery for the remainder of the fishing year. No vessel may 
retain or land blueline tilefish in or from the Tilefish Management 
Unit after the announced closure date. NMFS monitors the blueline 
tilefish fishery catch based on dealer reports, state data, and other 
available information. NMFS must publish a notice in the Federal 
Register notifying blueline tilefish vessel and dealer permit holders 
of the closure date when 100 percent of the TAL is projected to be 
landed.
    The Regional Administrator has determined, based on dealer reports 
and other available information, that the blueline tilefish commercial 
fishery will catch 100 percent of the TAL by September 5, 2023. 
Effective 0001 September 5, 2023, vessels may not retain or land 
blueline tilefish in or from the Tilefish Management Unit through 
December 31, 2023.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Fishery Conservation and Management Act. This action is 
required by 50 CFR part 648, which was issued pursuant to section 
304(b), and is exempt from review under Executive Order 12866.
    NMFS finds good cause pursuant to 5 U.S.C. 553(b)(B) and 5 U.S.C. 
553(d)(3) to waive prior notice and the opportunity for public comment 
and the delayed effectiveness period because it would be contrary to 
the public interest and impracticable. Data and other information 
indicating the blueline tilefish commercial fishery will have landed 
100 percent of the TAL have only recently become available. Landings 
data are updated by dealer reports dealers on a weekly basis, and NMFS 
monitors data as catch increases toward the limit. This action is 
routine and formulaic. The regulations at Sec.  648.295(b)(2)(ii) 
require such action to ensure that blueline tilefish commercial vessels 
do not exceed the 2023 TAL. If implementation of this action is 
delayed, the TAL for the 2023 fishing year may be exceeded, thereby 
undermining the conservation objectives of the Tilefish Fishery 
Management Plan. Also, the public had prior notice and full opportunity 
to comment on this process when the

[[Page 60598]]

provisions regarding closures and the 2023 quota levels were put in 
place.

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

    Dated: August 30, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-19101 Filed 8-30-23; 4:15 pm]
BILLING CODE 3510-22-P