[Federal Register Volume 81, Number 220 (Tuesday, November 15, 2016)]
[Rules and Regulations]
[Page 80006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27415]



[[Page 80006]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 121004518-3398-01]
RIN 0648-XF005


Reef Fish Fishery of the Gulf of Mexico; 2017 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 2017 fishing year through this 
temporary rule. NMFS has determined that the 2016 recreational annual 
catch limit (ACL) for Gulf gray triggerfish was exceeded; therefore, 
NMFS reduces the gray triggerfish recreational ACL and annual catch 
target (ACT) in 2017. As a result of the recreational ACL and ACT 
overages in 2016, the gray triggerfish 2017 recreational season in the 
Gulf EEZ will not open on January 1, 2017, and will remain closed for 
the entire 2017 fishing year. This closure is necessary to protect the 
Gulf gray triggerfish resource.

DATES: This rule is effective from 12:01 a.m., local time, January 1, 
2017, until 12:01 a.m., local time, January 1, 2018.

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, 
including 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 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, gray triggerfish landings 
exceeded the 2015 ACL by 39,977 lbs. Therefore, the 2016 ACL and ACT 
were adjusted to 201,223 lb (91,273 kg) and 177,123 lb (80,342 kg), 
respectively. In 2016, the recreational fishing season did not re-open 
after the annual spawning season closure from June 1 through July 31, 
and the recreational harvest of gray triggerfish exceeded the 2016 
recreational ACL by 221,213 lb (100,341 kg). Therefore, consistent with 
the AM requirements specified in 50 CFR 622.41(b)(2)(ii), NMFS reduces 
the recreational ACL and ACT for gray triggerfish in 2017 by the amount 
of the recreational ACL overage to 19,987 lb (9,066 kg) and 0 lb (0 
kg), respectively.
    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 that the recreational ACT for the 2017 fishing year is 0 lb 
(0 kg). Therefore, NMFS closes the recreational harvest of gray 
triggerfish for the 2017 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 in the Gulf EEZ will 
reopen on January 1, 2018, the beginning of the 2018 recreational 
fishing year, unless changed by subsequent notification in the Federal 
Register.

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 (ii) 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 the public 
requires as much advanced notice as possible of season closures to 
allow time to adequately plan for recreational fishing trips during the 
2017 fishing year.
    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: November 9, 2016.
Tracey Thompson,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-27415 Filed 11-9-16; 4:15 pm]
 BILLING CODE 3510-22-P