[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)]
[Rules and Regulations]
[Page 51390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22142]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 121004518-3398-01]
RIN 0648-XG524
Reef Fish Fishery of the Gulf of Mexico; 2018 Commercial
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 accountability measures (AMs) for the gray
triggerfish commercial sector in the exclusive economic zone (EEZ) of
the Gulf of Mexico (Gulf) through this temporary rule. NMFS projects
that 2018 commercial landings for gray triggerfish will reach the
commercial annual catch target (ACT) (commercial quota) by October 7,
2018. Therefore, NMFS is closing the commercial sector for Gulf gray
triggerfish on October 7, 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
October 7, 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.
On August 4, 2008, NMFS established gray triggerfish AMs 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 ACLs and ACTs. The 2018 commercial quota
(i.e., the commercial ACT) for Gulf gray triggerfish specified in 50
CFR 622.39(a)(1)(vi) is 60,900 lb (27,624 kg).
As specified by 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 the 2018 commercial quota for Gulf gray triggerfish will be
reached by October 7, 2018. Accordingly, this temporary rule closes the
commercial sector for Gulf gray triggerfish effective at 12:01 a.m.,
local time, October 7, 2018, and it will remain closed until the start
of the next commercial fishing season on January 1, 2019.
During the commercial closure, 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, October 7, 2018.
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, October 7, 2018, and were
held in cold storage by a dealer or processor.
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)(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 Assistant Administrator for NOAA 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 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 Amendment 37
to the FMP (78 FR 27084; May 9, 2013), which established 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 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.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2018-22142 Filed 10-5-18; 4:15 pm]
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