[Federal Register Volume 82, Number 217 (Monday, November 13, 2017)]
[Rules and Regulations]
[Page 52248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24519]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 121004518-3398-01]
RIN 0648-XF815


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2017 Commercial Accountability Measure and Closure for Gulf 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 for commercial gray 
triggerfish in the exclusive economic zone (EEZ) of the Gulf of Mexico 
(Gulf) through this temporary rule. NMFS projects commercial landings 
for gray triggerfish will reach the commercial annual catch target 
(ACT)(commercial quota) by November 18, 2017. Therefore, NMFS is 
closing the commercial sector for gray triggerfish in the Gulf EEZ on 
November 18, 2017. This closure is necessary to protect the gray 
triggerfish resource.

DATES: This rule is effective 12:01 a.m., local time, November 18, 
2017, until January 1, 2018.

FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, NMFS Southeast 
Regional Office, telephone: 727-824-5305, email: 
[email protected].

SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf includes 
gray triggerfish and is managed under the Fishery Management Plan for 
Reef Fish Resources of the Gulf (FMP). The FMP was prepared by the Gulf 
Fishery Management Council and is implemented 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.
    On August 4, 2008, NMFS established gray triggerfish accountability 
measures as well as commercial quotas for gray triggerfish through 
Amendment 30A to the FMP (73 FR 38139). On May 9, 2013, NMFS issued a 
final rule to implement Amendment 37 to the FMP (78 FR 27084). In part, 
Amendment 37 revised gray triggerfish commercial annual catch limits 
(ACLs) and ACTS.
    Under 50 CFR 622.41(b)(1), NMFS is required to close the commercial 
sector for gray triggerfish when the commercial quota 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 Gulf gray triggerfish of 60,900 lb (27,624 kg) 
will be reached by November 18, 2017. Accordingly, the commercial 
sector for Gulf gray triggerfish is closed effective 12:01 a.m., local 
time, November 18, 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 
Gulf reef fish having gray triggerfish onboard must have landed and 
bartered, traded, or sold such gray triggerfish prior to 12:01 a.m., 
local time, November 18, 2017. During the closure, the sale or purchase 
of gray triggerfish taken from the Gulf 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 18, 2017, and were held in cold storage by a dealer or 
processor.
    The recreational sector for gray triggerfish is also closed through 
December 31, 2017. Therefore all harvest or possession of gray 
triggerfish is prohibited until the start of the new fishing year (50 
CFR 622.39(b)). The commercial and recreational sectors for gray 
triggerfish will reopen on January 1, 2018, the beginning of the 2018 
gray triggerfish fishing year.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
gray triggerfish and the Gulf reef fish fishery and is consistent with 
the Magnuson-Stevens Act and other applicable laws.
    This action is taken under 50 CFR 622.41(b)(1) 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 final rule implementing 
Amendment 37 (78 FR 27084; May 9, 2013), which established the closure 
provision for commercial gray triggerfish, 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 7, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-24519 Filed 11-9-17; 8:45 am]
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