[Federal Register Volume 85, Number 229 (Friday, November 27, 2020)]
[Rules and Regulations]
[Pages 75917-75918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26233]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 141107936-5399-02; RTID 0648-XA653]
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2020 Commercial Closure for South Atlantic 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 for the commercial
sector of gray triggerfish in the South Atlantic exclusive economic
zone (EEZ). NMFS projects commercial landings of gray triggerfish will
reach the commercial annual catch limit (ACL) for the July through
December season by November 29, 2020. Therefore, NMFS is closing the
commercial sector for gray triggerfish in the South Atlantic EEZ on
November 29, 2020. This closure is necessary to protect the gray
triggerfish resource.
DATES: This temporary rule is effective at 12:01 a.m., local time, on
November 29, 2020, through December 31, 2020.
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. All weights in this
temporary rule are given in round weight.
The commercial ACL (equivalent to the 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) is
allocated 50 percent to each commercial fishing season, or 156,162 lb
(70,834 kg) for January through June, and the same amount for July
through December, as specified in 50 CFR 622.190(a)(8)(i) and (ii).
After the January through June 2020 fishing season, 25,468 lb
(11,552 kg) of the gray triggerfish commercial quota remained
unharvested. As specified in 50 CFR 622.190(a)(8)(iii), NMFS added this
unused portion of the gray triggerfish commercial quota to the
commercial quota for the July through December 2020 fishing season.
Therefore, the gray triggerfish commercial quota for the July through
December 2020 fishing season is 181,630 lb (82,385 kg). Any unused
commercial quota for the July through December fishing season becomes
void and will not be added to any subsequent quota
(622.190(a)(8)(iii)).
Under 50 CFR 622.193(q)(1)(i), NMFS is required to close the
commercial sector for gray triggerfish when the commercial quota
specified in 50 CFR 622.190(a)(8)(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 July through December 2020
fishing season will be reached by November 29, 2020. Accordingly, the
commercial sector for South Atlantic gray triggerfish is closed
effective at 12:01 a.m., local time, on November 29, 2020, and remains
closed until the start of the next January through June fishing season
on January 1, 2021.
The operator of a vessel with a valid Federal commercial vessel
permit for South Atlantic snapper-grouper with gray triggerfish on
board must have landed and bartered, traded, or sold such gray
triggerfish prior to 12:01 a.m., local time, on November 29, 2020.
During the commercial closure, the recreational bag limit specified in
50 CFR 622.187(b)(8), and the recreational 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
commercial 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, on November 29, 2020,
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 South Atlantic snapper-grouper
has been issued, the bag and possession limits and sale and purchase
prohibitions 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
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.193(q)(1)(i), which
was issued pursuant to section 304(b) of the Magnuson-Stevens Act, and
is excempt 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.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and an opportunity for public comment as such procedures are
unnecessary and contrary to the public interest. Such procedures are
unnecessary because the regulations associated with the commercial
quota for South Atlantic gray triggerfish have already been subject to
notice and comment, and all that remains is to notify the public of the
commercial closure for the remainder of the July through December 2020
fishing season. Prior notice and opportunity for public comment on this
action is contrary to the public interest because of the need to
immediately implement the commercial closure to protect South Atlantic
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 that exceeds the commercial quota.
For the aforementioned reasons, there is good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in the effective date of this
action.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 23, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-26233 Filed 11-24-20; 4:15 pm]
BILLING CODE 3510-22-P