Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Rules and Regulations 40157 

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 sale and purchase 

provisions of the commercial closure for 

golden tilefish would apply regardless 

of whether the fish are harvested in state 

or Federal waters, as specified in 50 

CFR 622.190(c)(1)(ii). 

Classification 

The Regional Administrator, 

Southeast Region, NMFS, has 

determined this temporary rule is 

necessary for the conservation and 

management of South Atlantic golden 

tilefish and is consistent with the 

Magnuson-Stevens Act and other 

applicable laws. 

This action is taken under 50 CFR 

622.193(a)(1) 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 Fisheries, 

NOAA (AA), finds that the need to 

immediately implement this action to 

close the commercial hook-and-line 

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 are 

unnecessary and contrary to the public 

interest. Such procedures are 

unnecessary because the rule itself has 

been subject to notice and comment, 

and all that remains is to notify the 

public of the closure. Such procedures 

are contrary to the public interest 

because the capacity of the fishing fleet 

allows for rapid harvest of the 

commercial ACL for the hook-and-line 

component, and there is a need to 

immediately implement this action to 

protect golden tilefish. Prior notice and 

opportunity for public comment would 

require time and could potentially result 

in a harvest well in excess of the 

established commercial ACL. 

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: August 8, 2018. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2018–17388 Filed 8–9–18; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 140902739–5224–02] 

RIN 0648–XG349 

Fisheries of the Northeastern United 

States; Atlantic Mackerel, Squid, and 

Butterfish Fishery; 2018 Illex Squid 

Quota Harvested 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reduction of 

possession limit. 

SUMMARY: Beginning August 15, 2018, 

through December 31, 2018, Federal 

Illex squid vessel permit holders are 

prohibited from fishing for, catching, 

possessing, transferring or landing more 

than 10,000 lb (4,535 kg) on Illex squid 

per trip per calendar day. This 

prohibition is effective when NMFS 

projects that 95 percent of the 2018 

annual catch limit will have been 

caught by the effective date. This action 

is intended to prevent over harvest of 

Illex squid for the fishing year. 

DATES: Effective 1200 hr local time, 

August 15, 2018, through December 31, 

2018. 

FOR FURTHER INFORMATION CONTACT: 

Alyson Pitts, Fishery Management 

Specialist, (978) 281–9352. 

SUPPLEMENTARY INFORMATION: 

Regulations for the Illex squid fishery 

are at 50 CFR part 648. The regulations 

at § 648.24(a)(2) require that when the 

Regional Administrator projects that 

Illex squid catch will reach 95 percent 

of the domestic annual harvest (DAH) 

quota, NMFS must prohibit Federal Illex 

squid vessel permit holders from 

directed fishing. Vessels may not catch, 

possess, transfer, or land more than 

10,000 lb (4,535 kg) of Illex squid per 

trip, or land more than 10,000 lb (4,535 

kg) per calendar day. The Regional 

Administrator monitors the Illex squid 

fishery catch annually based on dealer 

reports, state data, and other available 

information. When 95 percent of the 

DAH has been reached, NMFS must 

provide at least 72 hours of notice to the 

public that it made this determination. 

NMFS must also publish the date that 

the catch is projected to reach 95 

percent of the quota, and the date when 

prohibitions on catch and landings for 

the remainder of the fishing year 

become effective. 

The Regional Administrator has 

determined, based on dealer reports and 

other available information, that the 

Illex squid fleet will catch 95 percent of 

the total Illex squid DAH quota for the 

2018 season through December 31, 

2018, by August 15, 2018. Therefore, 

effective 1200 hr local time, August 15, 

2018, federally permitted vessels may 

not fish for, catch, possess, transfer, or 

land more than 10,000 lb (4,535 kg) of 

Illex squid more than once per calendar 

day. Vessels that have entered port 

before 1200 hr on August 15, 2018, may 

offload and sell more than 10,000 lb 

(4,535 kg) of Illex squid from that trip. 

Also, federally permitted dealers may 

not receive Illex squid from federally 

permitted Illex squid vessels that 

harvest more than 10,000 lb (4,535 kg) 

of Illex squid through 2400 hr, 

December 31, 2018, unless it is from a 

trip landed by a vessel that entered port 

before 1200 hr on August 15, 2018. 

Classification 

This action is required by 50 CFR part 

648 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 because it would 

be contrary to the public interest and 

impracticable. Data and other 

information indicating the Illex squid 

fleet will have landed at least 95 percent 

of the 2018 DAH quota have only 

recently become available. Landings 

data are updated on a weekly basis, and 

NMFS monitors catch data on a daily 

basis as catch increases toward the 

limit. Further, high-volume catch and 

landings in this fishery increases total 

catch relative to the quota quickly. The 

regulations at § 648.24(a)(2) require such 

action to ensure that Illex squid vessels 

do not exceed the 2018 DAH quota. If 

implementation of this action is 

delayed, the quota for the 2018 fishing 

year may be exceeded, thereby 

undermining the conservation 

objectives of the FMP. Also, the public 

had prior notice and full opportunity to 

comment on this process when these 

provisions were put in place. 

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


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40158 Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Rules and Regulations 

Dated: August 9, 2018. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2018–17409 Filed 8–10–18; 8:45 am] 

BILLING CODE 3510–22–P 


amozie on DSK3GDR082PROD with RULES