[Federal Register Volume 82, Number 215 (Wednesday, November 8, 2017)]
[Rules and Regulations]
[Pages 51777-51778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24311]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 141107936-5399-02]
RIN 0648-XF810


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2017 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 
of July through December by October 29, 2017. Therefore, NMFS is 
closing the commercial sector for gray triggerfish in the South 
Atlantic EEZ on November 8, 2017. This closure is necessary to protect 
the gray triggerfish resource.

DATES: This rule is effective 12:01 a.m., local time, November 8, 2017, 
until January 1, 2018.

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 (80 FR 30947, 
June 1, 2015) 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 of the January 1 through 
June 30 and July 1 through December 31 fishing seasons, 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 2017 July through December quota includes 20,278 lb (9,198 kg), 
round weight, that was not harvested during the 2017 January through 
June fishing season. In accordance with 50 CFR 622.190(a)(8)(iii), the 
unused portion of the 2017 January through June quota was added to the 
2017 July through December quota, for an adjusted commercial quota of 
176,440 lb (80,032 kg), round weight.
    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 adjusted 
commercial quota for South Atlantic gray triggerfish will be reached by 
October 29, 2017. Accordingly, the commercial sector for South Atlantic 
gray triggerfish is closed effective 12:01 a.m., local time, November 
8, 2017, until the start of the next commercial fishing season on 
January 1, 2018.
    The operator of a vessel with a valid commercial vessel permit for 
South Atlantic snapper-grouper having gray triggerfish onboard must 
have landed

[[Page 51778]]

and bartered, traded, or sold such gray triggerfish prior to 12:01 
a.m., local time, November 8, 2017. 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, November 8, 2017, 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 and quotas 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: November 3, 2017.
Emily Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-24311 Filed 11-3-17; 4:15 pm]
 BILLING CODE 3510-22-P