[Federal Register Volume 80, Number 171 (Thursday, September 3, 2015)]
[Rules and Regulations]
[Pages 53263-53264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21910]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 141107936-5399-02]
RIN 0648-XE004


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

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) for the period July through 
December by September 8, 2015. Therefore, NMFS is closing the 
commercial sector for gray triggerfish in the South Atlantic EEZ on 
September 8, 2015. This closure is necessary to protect the gray 
triggerfish resource.

DATES: This rule is effective 12:01 a.m., local time, September 8, 
2015, until January 1, 2016.

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 final rule implementing FMP Amendment 29 recently divided the 
commercial ACL (equal to the commercial quota) for gray triggerfish in 
the South Atlantic into two 6-month fishing seasons and allocated 50 
percent of the total commercial ACL (quota) of 312,324 lb (141,668 kg), 
round weight, to each fishing season, January 1 through June 30, and 
July 1 through December 31 (80 FR 30947, June 1, 2015), as specified in 
50 CFR 622.190(a)(8). However, because the final rule implementing FMP 
Amendment 29 occurred halfway through the 2015 fishing year and 
commercial landings of gray triggerfish accumulated, only 63,918 lb 
(28,992 kg) out of 156,162 lb (70,834 kg), round weight, remained for 
the 2015 commercial ACL (quota) for the July 1 through December 31 
fishing season. This quota amount was calculated as the difference 
between the total commercial ACL (312,324 lb (141,667 kg), round 
weight) and the amount of commercial landings that had occurred by July 
1, 2015 (248,406 lb (112,675 kg), round weight).
    Under 50 CFR 622.193(q)(1)(i), NMFS is required to close the 
commercial sector for gray triggerfish when the commercial quota 
specified in Sec.  622.190(a)(8)(i) or (ii) 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 quota 
for South Atlantic gray triggerfish will be reached by September 8, 
2015. Accordingly, the commercial sector for South Atlantic gray 
triggerfish is closed effective 12:01 a.m., local time, September 8, 
2015, until the start of the next fishing season on January 1, 2016.
    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

[[Page 53264]]

time, September 8, 2015. During the closure, the bag limit specified in 
50 CFR 622.187(b)(8), and 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. Also, during the closure, the sale or 
purchase of gray triggerfish taken from the South Atlantic EEZ is 
prohibited. The prohibition on the sale or purchase does not apply to 
gray triggerfish that were harvested, landed ashore, and sold prior to 
12:01 a.m., local time, September 8, 2015, and were 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 bag and possession limits and sale and 
purchase provisions of the commercial closure for gray triggerfish 
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)(i) 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 implementing FMP Amendment 
29, which established the split commercial season for gray triggerfish, 
and the rule that established the closure provisions have already 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: August 31, 2015.
Alan D. Risenhoover
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2015-21910 Filed 9-2-15; 8:45 am]
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