[Federal Register Volume 81, Number 241 (Thursday, December 15, 2016)]
[Rules and Regulations]
[Pages 90751-90752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30137]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 141107936-5399-02]
RIN 0648-XF081


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2016 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) (commercial quota) for the period 
July through December by December 16, 2016. Therefore, NMFS is closing 
the commercial sector for gray triggerfish in the South Atlantic EEZ on 
December 16, 2016. This closure is necessary to protect the gray 
triggerfish resource.

DATES: This rule is effective 12:01 a.m., local time, December 16, 
2016, until January 1, 2017.

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 final rule implementing Amendment 29 to the FMP divided the 
commercial ACL (commercial quota) for gray triggerfish in the South 
Atlantic into two 6-month commercial fishing seasons and allocated 50 
percent of the total commercial 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). As a result, the commercial quota is divided into two 
equal seasonal quotas of 156,162 lb (70,834 kg), round weight.
    The commercial sector for gray triggerfish closed on April 2, 2016, 
as landing reports indicated the January through June commercial quota 
would be met by that date. However, as of May 5, 2016, only 83 percent 
of the commercial quota was caught, and NMFS subsequently reopened the 
January through June commercial fishing season on June 13, 2016. The 
2016 July through December quota includes 16,016 lb (7265 kg), round 
weight, that was not harvested during the January through June fishing 
season. As set forth in 50 CFR 622.190(a)(8)(iii), the unused portion 
of the January through June quota was added to the July through 
December quota, for a seasonal quota of 172,178 lb (78,099 kg), round 
weight.

[[Page 90752]]

    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 December 16, 
2016. Accordingly, the commercial sector for South Atlantic gray 
triggerfish is closed effective 12:01 a.m., local time, December 16, 
2016, until the start of the next commercial fishing season on January 
1, 2017.
    The operator of a vessel with a valid commercial vessel permit for 
South Atlantic snapper-grouper having gray triggerfish onboard must 
have landed and bartered, traded, or sold such gray triggerfish prior 
to 12:01 a.m., local time, December 16, 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, December 16, 2016, and were 
held in cold storage by a dealer or processor.
    For a person onboard 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 prohibitions applicable after the commercial quota 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 NOAA Assistant Administrator for 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 Amendment 29, 
which established the split commercial seasons with split quota for 
gray triggerfish, and the accountability measures 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 could 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: December 12, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-30137 Filed 12-12-16; 4:15 pm]
 BILLING CODE 3510-22-P