[Federal Register Volume 81, Number 59 (Monday, March 28, 2016)]
[Rules and Regulations]
[Page 17094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06957]



[[Page 17094]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 141107936-5399-02]
RIN 0648-XE526


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2016 Commercial Accountability Measure and Closure for South Atlantic 
Gray Triggerfish; January Through June Season

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

ACTION: Temporary rule; closure.

-----------------------------------------------------------------------

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 January through June period 
by April 2, 2016. Therefore, NMFS is closing the commercial sector for 
gray triggerfish in the South Atlantic EEZ on April 2, 2016. This 
closure is necessary to protect the gray triggerfish resource.

DATES: This rule is effective 12:01 a.m., local time, April 2, 2016, 
until July 1, 2016.

FOR FURTHER INFORMATION CONTACT: Britni LaVine, 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 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, 
156,162 lb (70,834 kg), round weight, of the total commercial ACL of 
312,324 lb (141,668 kg), round weight, to each fishing season, January 
through June, and July through December (80 FR 30947, June 1, 2015), as 
specified in 50 CFR 622.190(a)(8)(i) and (ii).
    Under 50 CFR 622.193(q)(1)(i), NMFS is required to close the 
commercial sector for gray triggerfish when either 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 for the January through June 
fishing season will be reached by April 2, 2016. Accordingly, the 
commercial sector for South Atlantic gray triggerfish is closed 
effective at 12:01 a.m., local time, April 2, 2016, until the start of 
the July through December fishing season on July 1, 2016.
    The operator of a vessel with a valid Federal 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, April 2, 2016. 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, 
April 2, 2016, and were held in cold storage by a dealer or processor.
    For a person on board a vessel for which a valid 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 622.190(c)(1)(ii).

Classification

    The Regional Administrator, NMFS Southeast Region, 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 NOAA Fisheries (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 quota. Prior notice and opportunity 
for public comment would require time and would potentially result in a 
harvest well in excess of the established commercial quota.
    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: March 23, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-06957 Filed 3-23-16; 4:15 pm]
 BILLING CODE 3510-22-P