[Federal Register Volume 84, Number 74 (Wednesday, April 17, 2019)]
[Rules and Regulations]
[Pages 15986-15987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07693]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 141107936-5399-02]
RIN 0648-XG960


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2019 Commercial Accountability Measure and Closure for South Atlantic 
Gray Triggerfish; January Through June 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 January 
through June season by April 17, 2019. Therefore, NMFS is closing the 
commercial sector for gray triggerfish in the South Atlantic EEZ on 
April 17, 2019. This closure is necessary to protect the gray 
triggerfish resource.

DATES: This rule is effective 12:01 a.m., local time, April 17, 2019, 
until July 1, 2019.

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 commercial ACL (commercial quota) for gray triggerfish in the 
South Atlantic is divided into two 6-month fishing seasons. The total 
commercial ACL of 312,324 lb (141,668 kg), round weight, is allocated 
50 percent to each commercial fishing season, or 156,162 lb (70,834 
kg), round weight, each for January through June, and July through 
December, as specified in 50 CFR 622.190(a)(8)(i) and (ii).
    Under 50 CFR 622.193(q)(1)(i), NMFS is required to close the 
commercial sector for gray triggerfish when either commercial quota 
specified in 50 CFR 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 
commercial quota for South Atlantic gray triggerfish for the January 
through June fishing season will be reached by April 17, 2019. 
Accordingly, the commercial sector for South Atlantic gray triggerfish 
is closed effective at 12:01 a.m., local time, April 17, 2019, until 
the start of the July through December fishing season on July 1, 2019. 
Additionally, NMFS notes that as specified at 50 CFR 
622.190(a)(8)(iii), if there is any unused portion of the January 
through June seasonal quota, it will be added to the July through 
December seasonal quota. Any unused portion of the July through 
December seasonal quota, including, if applicable, any addition of 
quota from the January through June season, will become void and will 
not be added to any subsequent quota in the following fishing year.
    The operator of a vessel with a valid Federal commercial vessel 
permit for South Atlantic snapper-grouper having gray triggerfish on 
board must have landed and bartered, traded, or sold such gray 
triggerfish prior to 12:01 a.m., local time, April 17, 2019. During the 
closure, the recreational 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, 
April 17, 2019, and were held in cold storage by a dealer or processor.
    For a person on board a vessel for which a valid 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 provisions of the commercial closure for gray triggerfish 
apply regardless of whether the fish are harvested in state or Federal 
waters, as specified in 50 CFR 622.190(c)(1)(ii).

Classification

    The Regional Administrator, NMFS Southeast Region, has determined 
this temporary rule is necessary for the conservation and management of 
gray

[[Page 15987]]

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 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 
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 rules implementing the 
split commercial season for gray triggerfish and the commercial closure 
provisions 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 
would potentially result in a harvest well in excess of the established 
seasonal 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: April 12, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-07693 Filed 4-12-19; 4:15 pm]
 BILLING CODE 3510-22-P