[Federal Register Volume 85, Number 171 (Wednesday, September 2, 2020)]
[Rules and Regulations]
[Pages 54513-54514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19324]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 121004518-3398-01; RTID 0648-XA446]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Re-Opening of Recreational Sector for Gulf of Mexico Gray Triggerfish

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; re-opening.

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SUMMARY: NMFS announces the re-opening of the recreational sector for 
gray triggerfish in the exclusive economic zone (EEZ) of the Gulf of 
Mexico (Gulf) through this temporary rule. The most recent recreational 
landings of gray triggerfish indicate that the recreational annual 
catch target (ACT) for 2020 fishing year has not yet been reached. 
Therefore, NMFS re-opens the recreational sector for gray triggerfish 
in the Gulf EEZ on September 1, 2020, through October 25, 2020, or 
until the recreational ACT is reached or projected to be reached, 
whichever happens first, to allow the recreational ACT to be caught.

DATES: This rule is effective 12:01 a.m., local time, September 1, 
2020, until 12:01 a.m., local time, October 26, 2020.

FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, 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 previously 
projected that the recreational ACT for the Gulf gray triggerfish for 
the 2020 fishing year would be reached by May 2, 2020. Accordingly, 
NMFS published a temporary rule in the Federal Register to implement 
the accountability measure (AM) to close the recreational sector for 
gray triggerfish in the Gulf EEZ effective from May 2, 2020, until the 
start of the 2021 fishing year on January 1, 2021 (85 FR 10624, 
February 25, 2020).
    However, the most recent landings data for gray triggerfish now 
indicate the recreational ACT has not been reached. Consequently, and 
in accordance with 50 CFR 622.8(c), NMFS temporarily re-opens the 
recreational sector for gray triggerfish on September 1, 2020. The 
recreational sector will remain open through October 25, 2020, or until 
the recreational ACT is reached or projected to be reached, whichever 
happens first. Re-opening the recreational sector allows participants 
in that sector an additional opportunity to harvest gray triggerfish 
while minimizing the risk of exceeding the recreational ACT.
    Once the recreational sector closes again on October 26, 2020, or 
sooner if the recreational ACT is reached or projected to be reached, 
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 any vessel issued a valid Federal 
charter vessel/headboat permit for Gulf reef fish.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required under 50 CFR 622.8(c) which was 
issued pursuant to section 304(b) of the Magnuson-Stevens Act, 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 temporarily re-open the 
recreational 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 
regulations at 50 CFR 622.8(c) and the rule implementing the 
recreational ACT and AMs have already been subject to notice and 
comment, and all that

[[Page 54514]]

remains is to notify the public of the re-opening. Such procedures are 
contrary to the public interest because of the need to immediately 
implement this action to allow recreational fishers to harvest the 
remainder of the recreational ACT beginning on September 1, 2020. Prior 
notice and opportunity for public comment would require time and would 
delay the re-opening of the recreational sector. Opening the 
recreational sector by September 1 provides an opportunity for 
recreational fishers to make trips during the early fall when the 
weather is generally more favorable. A delay of reopening until October 
increases the likelihood of inclement weather and the chance that 
recreational trips will not be possible.
    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 27, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-19324 Filed 8-28-20; 4:15 pm]
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