[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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[[Page 75918]]

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]
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