[Federal Register Volume 81, Number 101 (Wednesday, May 25, 2016)]
[Rules and Regulations]
[Page 33150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12356]



[[Page 33150]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 141107936-5399-02]
RIN 0648-XE606


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Re-Opening of Commercial Sector 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; re-opening.

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SUMMARY: NMFS announces the re-opening of the commercial sector for 
gray triggerfish in the exclusive economic zone (EEZ) of the South 
Atlantic through this temporary rule. The most recent commercial 
landings of gray triggerfish indicate the commercial annual catch limit 
(ACL) for the January through June fishing season has not yet been 
reached. Therefore, NMFS re-opens the commercial sector for gray 
triggerfish in the South Atlantic EEZ for 18 days to allow the 
commercial ACL to be caught, while minimizing the risk of the 
commercial ACL being exceeded.

DATES: This rule is effective 12:01 a.m., local time, June 13, 2016, 
until 12:01 a.m., local time, July 1, 2016.

FOR FURTHER INFORMATION CONTACT: Mary Vara, 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 (equal to the commercial quota) for gray 
triggerfish during the January through June fishing season is 156,162 
lb (70,834 kg), round weight, as specified in 50 CFR 622.190(a)(8)(i). 
Under 50 CFR 622.193(q)(1)(i), NMFS is required to close the commercial 
sector for gray triggerfish when the commercial quota for the January 
through June fishing season specified in Sec.  622.190(a)(8)(i) is 
reached, or is projected to be reached, by filing a notification to 
that effect with the Office of the Federal Register. NMFS previously 
projected that the commercial quota for South Atlantic gray triggerfish 
for the January through June fishing season would be reached by April 
2, 2016. Accordingly, NMFS published a temporary rule to implement 
accountability measures (AMs) to close the commercial sector for South 
Atlantic gray triggerfish effective from April 2, 2016, until the start 
of the July through December fishing season on July 1, 2016 (81 FR 
17094, March 28, 2016).
    However, the most recent landings data for gray triggerfish 
indicate the commercial quota has not been reached. Consequently and in 
accordance with 50 CFR 622.8(c), NMFS temporarily re-opens the 
commercial sector for gray triggerfish on June 13, 2016. The commercial 
sector will remain open for 18 days until the July through December 
fishing season begins on July 1, 2016. Re-opening the commercial sector 
on June 13, 2016, through June 30, 2016, allows for an additional 
opportunity to commercially harvest gray triggerfish, minimizes the 
risk of the commercial quota being exceeded, and allows fishermen to 
harvest gray triggerfish without a closure period until the next 
fishing season begins on July 1, 2016.

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 622.8(c) 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 temporarily re-open 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 the 
commercial quota and AMs has been subject to notice and comment, and 
all that remains is to notify the public of the re-opening. Such 
procedures are contrary to the public interest because of the need to 
immediately implement this action to allow commercial fishermen to 
harvest the commercial quota of gray triggerfish from the EEZ, while 
minimizing the risk of exceeding the commercial quota. Prior notice and 
opportunity for public comment would require time and would delay the 
re-opening of the commercial sector.
    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 20, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-12356 Filed 5-24-16; 8:45 am]
 BILLING CODE 3510-22-P