[Federal Register Volume 83, Number 158 (Wednesday, August 15, 2018)]
[Rules and Regulations]
[Pages 40458-40459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17586]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 121004518-3398-01]
RIN 0648-XG421


Reef Fish Fishery of the Gulf of Mexico; 2018 Recreational 
Accountability Measure 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 an accountability measure (AM) for the gray 
triggerfish recreational sector in the exclusive economic zone (EEZ) of 
the Gulf of Mexico (Gulf) for the 2018 fishing year through this 
temporary rule. NMFS has projected that the 2018 recreational annual 
catch target (ACT) for Gulf gray triggerfish has been met. Therefore, 
NMFS closes the recreational sector for Gulf gray triggerfish on August 
17, 2018, and it will remain closed through the end of the fishing year 
on December 31, 2018. This closure is necessary to protect the Gulf 
gray triggerfish resource.

DATES: This temporary rule is effective at 12:01 a.m., local time, on 
August 17, 2018, until 12:01 a.m., local time, on January 1, 2019.

FOR FURTHER INFORMATION CONTACT: Lauren Waters, 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 of Mexico (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 2018 recreational annual catch limit (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).
    As specified by 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 2018 recreational ACT for Gulf gray triggerfish was 
reached. Accordingly, this temporary rule closes the recreational 
sector for Gulf gray triggerfish effective at 12:01 a.m., local time, 
August 17, 2018, and it will remain closed through the end of the 
fishing year on December 31, 2018.
    During the recreational closure, the bag and possession limits for 
gray triggerfish in or from the Gulf EEZ are zero. The prohibition on 
possession of Gulf gray triggerfish also applies in Gulf state waters 
for a vessel issued a valid Federal charter vessel/headboat permit for 
Gulf reef fish.
    As specified in 50 CFR 622.34(f), there is a seasonal closure for 
Gulf gray triggerfish at the beginning of each fishing year from 
January 1 through the end of February; therefore, after the closure 
implemented by this temporary rule is effective on August 17, 2018, the 
recreational harvest or possession of Gulf gray triggerfish will not 
again be permitted until March 1, 2019.

Classification

    The Regional Administrator for the NMFS Southeast Region 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.

[[Page 40459]]

    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: August 10, 2018.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2018-17586 Filed 8-10-18; 4:15 pm]
 BILLING CODE 3510-22-P