[Federal Register Volume 81, Number 138 (Tuesday, July 19, 2016)]
[Rules and Regulations]
[Pages 46848-46849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17043]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 121004518-3398-01]
RIN 0648-XE701


Reef Fish Fishery of the Gulf of Mexico; 2016 Recreational 
Accountability Measures and Closure for Gulf of Mexico 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 (AMs) for the gray 
triggerfish recreational sector in the exclusive economic zone (EEZ) of 
the Gulf of Mexico (Gulf) for the 2016 fishing year through this 
temporary rule. NMFS has determined that the 2015 recreational annual 
catch limit (ACL) for Gulf gray triggerfish was exceeded; therefore, 
NMFS reduces the gray triggerfish recreational ACL and annual

[[Page 46849]]

catch target (ACT) in 2016. NMFS has also determined that the 
recreational ACT for Gulf gray triggerfish was reached prior to the 
June 1 annual season closure. Therefore, the gray triggerfish 
recreational season in the Gulf EEZ will remain closed and will not be 
re-opening on August 1, 2016. This closure is necessary to protect the 
Gulf gray triggerfish resource.

DATES: This rule is effective from 12:01 a.m., local time, August 1, 
2016, until 12:01 a.m., local time, on January 1, 2017.

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

SUPPLEMENTARY INFORMATION: NMFS manages the Gulf reef fish fishery, 
which includes gray triggerfish, under the Fishery Management Plan for 
the Reef Fish Resources of the Gulf (FMP). The Gulf of Mexico Fishery 
Management Council (Council) prepared the FMP and NMFS implements the 
FMP under the authority of the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 
622. All gray triggerfish weights discussed in this temporary rule are 
in round weight.
    The 2016 recreational ACL for Gulf gray triggerfish specified in 50 
CFR 622.41(b)(2)(iii) is 241,200 lb (109,406 kg) and the recreational 
ACT is 217,100 lb (98,475 kg). However, in 2015, the recreational 
harvest of gray triggerfish exceeded the 2015 recreational ACL by 
39,997 lb (18,142 kg). Therefore, consistent with the requirements 
specified in 50 CFR 622.41(b)(2)(ii), NMFS reduces the recreational ACL 
for gray triggerfish in 2016 to 201,223 lb (91,273 kg) and the 
recreational ACT to 177,123 lb (80,342 kg).
    Under 50 CFR 622.41(b)(2)(i), NMFS is required to close the 
recreational sector for gray triggerfish when the recreational ACT 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 the 2016 recreational ACT was reached prior to the annual 
season closure, which is effective from June 1 through July 31 each 
year. Accordingly, the recreational sector for Gulf gray triggerfish 
will not re-open on August 1, because NMFS is closing recreational 
harvest of triggerfish for the 2016 fishing year effective at 12:01 
a.m., local time, August 1, 2016, until 12:01 a.m., local time, January 
1, 2017, the start of the next fishing year.
    During the recreational closure, the bag and possession limits for 
gray triggerfish in or from the Gulf EEZ are zero. The prohibition on 
possession in the Gulf on board a vessel for which a valid Federal 
charter vessel/headboat permit for Gulf reef fish has been issued 
applies regardless of whether gray triggerfish were harvested in state 
or Federal waters.
    The recreational sector for gray triggerfish will reopen on January 
1, 2017, the beginning of the 2017 recreational fishing year.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
Gulf gray triggerfish and is consistent with the Magnuson-Stevens Act 
and other applicable laws.
    This action is taken under 50 CFR 622.41(b)(2)(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 recreational 
sector for gray triggerfish constitutes good cause to waive the 
requirements to provide prior notice and opportunity for public comment 
on this temporary rule pursuant to the authority set forth in 5 U.S.C. 
553(b)(B), because such procedures are unnecessary and contrary to the 
public interest. Such procedures are unnecessary because the rule 
establishing the closure provisions was 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. Prior 
notice and opportunity for public comment would require time and would 
potentially allow the recreational sector to exceed the recreational 
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: July 14, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-17043 Filed 7-14-16; 4:15 pm]
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