[Federal Register Volume 84, Number 57 (Monday, March 25, 2019)]
[Rules and Regulations]
[Pages 10996-10997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05509]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 121004518-3398-01]
RIN 0648-XG870


Reef Fish Fishery of the Gulf of Mexico; 2019 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 2019 fishing year through this 
temporary rule. NMFS has projected that the 2019 recreational annual 
catch target (ACT) for Gulf gray triggerfish will be met by May 11, 
2019. Therefore, NMFS closes the recreational sector for Gulf gray 
triggerfish on May 11, 2019, and it will remain closed through the end 
of the fishing year on December 31, 2019. This closure is necessary to 
protect the Gulf gray triggerfish resource.

DATES: This temporary rule is effective from 12:01 a.m., local time, on 
May 11, 2019, until 12:01 a.m., local time, on January 1, 2020.

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 FMP was 
prepared by the Gulf of Mexico Fishery Management Council (Council) and 
is implemented by NMFS under the authority of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act) through 
regulations at 50 CFR part 622. All gray triggerfish weights discussed 
in this temporary rule are in round weight.
    The recreational annual catch limit (ACL) for Gulf gray triggerfish 
is 241,200 lb (109,406 kg), and the recreational ACT is 217,100 lb 
(98,475 kg) (50 CFR 622.41(b)(2)(iii)).
    As specified in 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 2019 recreational ACT for Gulf gray triggerfish will be 
reached by May 11, 2019. Accordingly, this temporary rule closes the 
recreational sector for Gulf gray triggerfish effective at 12:01 a.m., 
local time, on May 11, 2019, and it will remain closed through the end 
of the fishing year on December 31, 2019.
    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 May 11, 2019, the 
recreational harvest or possession of Gulf gray triggerfish will not 
again be allowed until March 1, 2020.

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.
    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

[[Page 10997]]

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 and to 
provide advance notice to the recreational sector of the closure. Prior 
notice and opportunity for public comment would require time and would 
potentially allow the recreational sector to exceed the recreational 
ACL.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: March 19, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-05509 Filed 3-20-19; 8:45 am]
 BILLING CODE 3510-22-P