[Federal Register Volume 79, Number 227 (Tuesday, November 25, 2014)]
[Rules and Regulations]
[Page 70120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27943]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120815345-3525-02]
RIN 0648-XD628


Snapper-Grouper Fishery of the South Atlantic; 2014 Recreational 
Accountability Measure and Closure for Gray Triggerfish 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 accountability measures (AMs) for recreational 
gray triggerfish in the exclusive economic zone (EEZ) of the South 
Atlantic. Because recreational landings for gray triggerfish in the 
2013 fishing year exceeded the recreational annual catch limit (ACL) 
for the stock, NMFS monitored recreational landings in 2014 for a 
persistence in increased landings. Through this temporary rule, NMFS 
now closes the recreational sector for gray triggerfish in the South 
Atlantic EEZ on November 26, 2014, as NMFS has projected the 
recreational ACL to have been met for the 2014 fishing year. This 
closure is necessary to protect the gray triggerfish resource.

DATES: This rule is effective 12:01 a.m., local time, November 26, 
2014, until 12:01 a.m., local time, January 1, 2015.

FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, telephone: 727-824-
5305, or email: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic, which includes gray triggerfish, is managed under the Fishery 
Management Plan for Snapper-Grouper Fishery of the South Atlantic 
Region (FMP). The FMP was prepared by the South Atlantic Fishery 
Management Council and is implemented under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) by regulations at 50 CFR part 622.
    The recreational ACL for gray triggerfish is 353,638 lb (160,407 
kg), round weight. In accordance with regulations at 50 CFR 
622.193(q)(2), if the recreational ACL is exceeded, the Assistant 
Administrator, NMFS (AA), will file a notification with the Office of 
the Federal Register to reduce the length of the following fishing 
season by the amount necessary to ensure landings do not exceed the 
recreational ACL in the following fishing year. In the 2013 fishing 
year, recreational landings were 373,983 lb (169,636 kg), round weight, 
and therefore, exceeded the recreational ACL by 20,345 lb (9,228 kg), 
round weight. NMFS received landings projections on November 12, 2014, 
that indicated the fishery has likely met the recreational ACL. 
Therefore, this temporary rule closes the recreational sector for gray 
triggerfish within the snapper-grouper fishery in 2014, effective 12:01 
a.m., local time, November 26, 2014.
    During the closure, the bag and possession limit for gray 
triggerfish in or from the South Atlantic EEZ is zero. The recreational 
sector for gray triggerfish will reopen on January 1, 2015, the 
beginning of the 2015 recreational fishing season. Upon reaching the 
commercial ACL, NMFS closed the commercial sector for gray triggerfish 
effective May 12, 2014 (79 FR 26375, May 8, 2014). Therefore, on 
November 26, 2014, no commercial or recreational harvest of gray 
triggerfish from the South Atlantic EEZ is permitted until January 1, 
2015.

Classification

    The Assistant Administrator (AA), Southeast Region, NMFS, has 
determined this temporary rule is necessary for the conservation and 
management of South Atlantic gray triggerfish within the South Atlantic 
snapper-grouper fishery and is consistent with the Magnuson-Stevens Act 
and other applicable laws.
    This action is taken under 50 CFR 622.193(q)(2) 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 
recently obtained from the fishery. The AA finds that the need to 
immediately implement this action to close the recreational sector for 
gray triggerfish 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. 
Additionally, such procedures are contrary to the public interest 
because there is a need to immediately notify the public of the 
recreational closure for gray triggerfish for the 2014 fishing year, to 
prevent recreational harvest of gray triggerfish from further exceeding 
the ACL, which will help protect this resource in the South Atlantic.
    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: November 20, 2014.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2014-27943 Filed 11-21-14; 11:15 am]
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