[Federal Register Volume 83, Number 118 (Tuesday, June 19, 2018)]
[Rules and Regulations]
[Pages 28387-28388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13120]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 170828813-7999-02]
RIN 0648-BH15


Snapper-Grouper Fishery of the South Atlantic Region; Temporary 
Measures to Reduce Overfishing of Golden Tilefish

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

ACTION: Temporary rule; interim measures extended.

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SUMMARY: NMFS issues this temporary rule to extend the expiration date 
of interim measures to reduce overfishing of golden tilefish in Federal 
waters of the South Atlantic implemented by a temporary rule published 
by NMFS on January 2, 2018. This temporary rule extends the reduced 
total annual catch limit (ACL), commercial and recreational sector 
ACLs, and quotas for the hook-and-line and longline components of the 
commercial sector for an additional 186 days. The purpose of this 
temporary rule extension is to reduce overfishing of golden tilefish 
while the South Atlantic Fishery Management Council (Council) develops 
management measures to end overfishing of golden tilefish on a 
permanent basis.

DATES: The expiration date for the final temporary rule published at 83 
FR 65 on January 2, 2018, is extended through January 3, 2019, unless 
NMFS publishes a superseding document in the Federal Register.

ADDRESSES: Electronic copies of the environmental assessment (EA) 
supporting these interim measures may be obtained from the Southeast 
Regional Office website at http://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/sg/2017/golden_tilefish_interim/index.html. 
The EA includes a Regulatory Flexibility Act (RFA) analysis.

FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional 
Office, telephone: 727-824-5305, or email: <a href="/cdn-cgi/l/email-protection#dbb6baa9a2f5adbaa9ba9bb5b4babaf5bcb4ad"><span class="__cf_email__" data-cfemail="442925363d6a32253625042a2b25256a232b32">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery in the South 
Atlantic region includes golden tilefish and is managed under the 
Fishery Management Plan for Snapper-Grouper Fishery of the South 
Atlantic Region (FMP). The FMP was prepared by the Council and is 
implemented by NMFS through regulations at 50 CFR part 622 under 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act).
    On January 2, 2018, NMFS published the final temporary rule to 
implement interim measures to reduce overfishing of golden tilefish in 
South Atlantic Federal waters (83 FR 65). The final temporary rule 
reduced the total ACL for golden tilefish to 323,000 lb (146,510 kg), 
gutted weight, 361,760 lb (164,092 kg), round weight. In addition, the 
final temporary rule reduced the commercial and recreational sector 
ACLs and component commercial quotas, using the existing sector 
allocations, and the quotas for the hook-and-line and longline 
components of the commercial sector. Therefore, during the 
effectiveness of the final temporary rule and this temporary rule 
extension, the commercial ACL is 313,310 lb (142,115 kg), gutted 
weight; the commercial quota for the hook-and-line component is 78,328 
lb (35,529 kg), gutted weight; and the commercial quota for the 
longline component is 234,982 lb (106,586 kg), gutted weight. The 
recreational ACL during the effectiveness of the final temporary rule 
and this temporary rule extension is 2,187 fish, which is equivalent to 
9,690 lb (4,395 kg), gutted weight. This temporary rule extension 
continues the measures in the final temporary rule unchanged for an 
additional 186 days, unless this temporary rule extension is superseded 
by subsequent rulemaking. The purpose of these interim measures is to 
reduce the overfishing of golden tilefish in South Atlantic Federal 
waters, while long-term management measures are developed and 
implemented through Regulatory Amendment 28 to the FMP. The January 2, 
2018, final temporary rule stated that long-term management measures 
would be developed through Amendment 45 to the FMP. The Council 
subsequently determined that an FMP amendment was not required, and 
that the same management measures could be developed and implemented 
using the existing FMP framework procedures. Regulatory Amendment 28 
will include management measures to end overfishing of golden tilefish 
on a long-term basis.
    Regulatory Amendment 28 is scheduled to be approved by the Council 
at their June 2018 meeting and implemented prior to the expiration of 
the interim measures in this temporary rule extension in the 2019 
fishing year, which begins on January 1, 2019.

[[Page 28388]]

    Section 305(c)(2) of the Magnuson-Stevens Act provides the Council 
the authority to request interim measures, if necessary, to reduce 
overfishing. The Council sent a letter to NMFS, dated June 27, 2017, to 
request that NMFS implement interim measures to immediately reduce 
overfishing of golden tilefish while long-term management measures are 
developed to end overfishing of golden tilefish. Section 305(c)(3)(B) 
of the Magnuson-Stevens Act allows for interim measures to be extended 
for one additional period of 186 days provided that the public has had 
an opportunity to comment on the interim measures and that the Council 
is actively preparing an FMP amendment to address the overfishing on a 
permanent basis. NMFS published a proposed temporary rule on October 
30, 2017, and requested public comments on these interim measures (82 
FR 50101). NMFS responded to public comments in the final temporary 
rule published on January 2, 2018 (83 FR 65).

Classification

    The Regional Administrator for the NMFS Southeast Region has 
determined that the interim measures extended through this temporary 
rule are necessary for the conservation and management of the South 
Atlantic golden tilefish stock, until long-term measures are 
implemented, and are consistent with the FMP, the Magnuson-Stevens Act 
and other applicable laws.
    This temporary rule extension has been determined to be not 
significant for purposes of Executive Order 12866.
    This temporary rule extension is exempt from the procedures of the 
RFA, because the rule is issued without the opportunity for prior 
notice and public comment.
    NMFS prepared an EA for the interim measures contained in the 
January 2, 2018, final temporary rule (83 FR 65). The EA analyzed the 
impacts of reduced harvest through the 2018 fishing year, which 
includes the impacts related to extending the interim measures. 
Therefore, the impacts of extending the interim measures through this 
temporary rule have already been considered. Electronic copies of the 
EA are available from NMFS (see ADDRESSES).
    This temporary rule extension responds to the best scientific 
information available. The Assistant Administrator for NOAA Fisheries 
(AA) finds that the need to immediately implement this action 
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 extension are unnecessary and contrary to the public interest. 
Such procedures are unnecessary because NMFS already published a 
proposed temporary rule on October 30, 2017, and requested public 
comments on these interim measures, including their potential extension 
(82 FR 50101). NMFS responded to public comments in the final temporary 
rule published on January 2, 2018 (83 FR 65). This temporary rule 
extension continues the interim measures unchanged for an additional 
186 days.
    Prior notice and opportunity for public comment are contrary to the 
public interest because of the need to continue these interim measures 
without interruption to protect the golden tilefish stock until the 
Council and NMFS can prepare and possibly implement management measures 
under Regulatory Amendment 28 to end overfishing of golden tilefish on 
a permanent basis. Prior notice and opportunity for public comment 
would require time and could result in an interruption of the interim 
measures and, therefore, allow harvest in excess of ACLs and quotas 
implemented by this temporary rule extension, which would contribute to 
overfishing of golden tilefish. Allowing overfishing of golden tilefish 
to continue would be contrary to National Standard 1 of the Magnuson-
Stevens Act. National Standard 1 requires NMFS to conserve and manage 
ocean resources to prevent overfishing, while achieving the optimum 
yield from each fishery.
    The AA also finds good cause to waive the 30-day delay in this 
temporary rule extension's effectiveness, pursuant to the authority set 
forth in 5 U.S.C. 553(d)(3) as such procedure for this temporary rule 
extension is impracticable and contrary to the public interest. A delay 
in effectiveness is impracticable, because it would contribute to 
overfishing of golden tilefish, which is contrary to National Standard 
1 of the Magnuson-Stevens Act as stated previously. Without this 
temporary rule extension becoming effective immediately after the 
duration of and without interruption from the final temporary rule, 
which would end after July 1, 2018, the commercial and recreational 
sectors would be able to harvest golden tilefish under higher ACLs and 
quotas than those implemented by the final temporary rule and continued 
through this temporary rule extension. These harvests could result in 
further overfishing of golden tilefish, contrary to NMFS' statutory 
obligations. By implementing this temporary rule extension immediately, 
the total harvest of golden tilefish would be reduced until the Council 
and NMFS can prepare and possibly implement management measures under 
Regulatory Amendment 28 to end overfishing of golden tilefish on a 
permanent basis.
    In addition, delaying the effectiveness of this final temporary 
rule for 30 days is contrary to the public interest because of the need 
to immediately implement this action to protect golden tilefish. The 
capacity of the fishing fleet allows for rapid harvest of the ACL. 
Delaying the effectiveness of this temporary rule extension would 
require time and could potentially result in a harvest in excess of the 
reduced ACLs implemented by this temporary rule extension, increasing 
the likelihood of future overfishing and more restrictive measures to 
address it.
    Accordingly, the 30-day delay in effectiveness of the measures 
contained in this temporary rule extension is waived.

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

    Dated: June 14, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2018-13120 Filed 6-18-18; 8:45 am]
 BILLING CODE 3510-22-P


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