[Federal Register Volume 80, Number 87 (Wednesday, May 6, 2015)]
[Rules and Regulations]
[Pages 25966-25967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10595]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120815345-3525-02]
RIN 0648-XD901


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2015 Commercial Accountability Measure and Closure for South Atlantic 
Gray Triggerfish

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 for commercial gray 
triggerfish in the exclusive economic zone (EEZ) of the South Atlantic. 
NMFS projects commercial landings for gray triggerfish, will reach the 
commercial annual catch limit (ACL) on May 8, 2015. Therefore, NMFS is 
closing the commercial sector for gray triggerfish in the South 
Atlantic EEZ on May 8, 2015, and it will remain closed until NMFS 
announces the start of the next fishing season. This closure is 
necessary to protect the gray triggerfish resource.

DATES: This rule is effective 12:01 a.m., local time, May 8, 2015, 
until NMFS

[[Page 25967]]

announces the start of the next fishing season by publishing a document 
in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, NMFS Southeast 
Regional Office, telephone: 727-824-5305, email: 
[email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic includes gray triggerfish 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 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 ACL for gray triggerfish in the South Atlantic is 
272,880 lb (123,776 kg), round weight, for the current fishing year, 
January 1 through December 31, 2015, as specified in 50 CFR 
622.193(q)(1)(i).
    Under 50 CFR 622.193(q)(1)(i), NMFS is required to close the 
commercial sector for gray triggerfish when the commercial ACL is 
reached, or is projected to be reached, by filing a notification to 
that effect with the Office of the Federal Register. NMFS has 
determined that the commercial ACL for South Atlantic gray triggerfish 
will be reached on May 8, 2015. Accordingly, the commercial sector for 
South Atlantic gray triggerfish is closed effective 12:01 a.m., local 
time, May 8, 2015, until NMFS announces the start of the next fishing 
season.
    The operator of a vessel with a valid commercial vessel permit for 
South Atlantic snapper-grouper having gray triggerfish on board must 
have landed and bartered, traded, or sold such gray triggerfish prior 
to 12:01 a.m., local time, May 8, 2015. During the closure, the bag 
limit specified in 50 CFR 622.187(b)(8), applies to all harvest or 
possession of gray triggerfish in or from the South Atlantic EEZ. 
During the closure, the possession limits specified in 50 CFR 
622.187(c), apply to all harvest or possession of gray triggerfish in 
or from the South Atlantic EEZ. During the closure, the sale or 
purchase of gray triggerfish taken from the South Atlantic EEZ is 
prohibited.
    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 bag and possession limits and sale and 
purchase provisions of the commercial closure for gray triggerfish 
would apply regardless of whether the fish are harvested in state or 
Federal waters, as specified in 50 CFR 622.193(q)(1)(i).

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
gray triggerfish and 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)(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 
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. Such procedures are contrary to the public interest because of 
the need to immediately implement this action to protect gray 
triggerfish since the capacity of the fishing fleet allows for rapid 
harvest of the commercial ACL. Prior notice and opportunity for public 
comment would require time and would 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: May 1, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-10595 Filed 5-1-15; 4:15 pm]
 BILLING CODE 3510-22-P