[Federal Register Volume 86, Number 176 (Wednesday, September 15, 2021)]
[Rules and Regulations]
[Pages 51276-51277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19823]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 121004518-3398-01; RTID 0648-XB415]


Reef Fish Fishery of the Gulf of Mexico; 2021 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 2021 fishing year through this 
temporary rule. NMFS has projected that the 2021 recreational annual 
catch target (ACT) for Gulf gray triggerfish will be reached by 
September 10, 2021. However, because there is uncertainty in the 
projection and to provide additional notice to fishery participants, 
NMFS closes the recreational sector for Gulf gray triggerfish on 
September 15, 2021, and it will remain closed through the end of the 
fishing year on December 31, 2021. This closure is necessary to protect 
the Gulf gray triggerfish resource.

[[Page 51277]]


DATES: This temporary rule is effective from 12:01 a.m., local time, on 
September 15, 2021, until 12:01 a.m., local time, on January 1, 2022.

FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, NMFS Southeast 
Regional Office, telephone: 727-551-5719, 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 360,951 lb (163,725 kg), and the recreational ACT is 274,323 lb 
(124,431 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 2021 recreational ACT for Gulf gray triggerfish will be 
reached by September 10, 2021. However, because NMFS is relying on 
projected landings for August and September 2021 there is some 
uncertainty in this estimate. Therefore, NMFS is providing additional 
notice to fishery participants. Accordingly, this temporary rule closes 
the recreational sector for Gulf gray triggerfish effective at 12:01 
a.m., local time, on September 15, 2021, and it will remain closed 
through the end of the fishing year on December 31, 2021.
    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 any vessel issued a valid Federal charter vessel/headboat permit 
for Gulf reef fish.
    Additionally, 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 becomes effective on 
September 15, 2021, the recreational harvest or possession of Gulf gray 
triggerfish will be prohibited until March 1, 2022.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.41(b)(2)(i), which 
was issued pursuant to section 304(b) of the Magnuson-Stevens Act, and 
is exempt from review under Executive Order 12866.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment on this action, as notice 
and comment is unnecessary and contrary to the public interest. Such 
procedures are unnecessary because the regulations associated with the 
closure of the gray triggerfish recreational sector at 50 CFR 
622.41(b)(2)(i) have already been subject to notice and public comment, 
and all that remains is to notify the public of the closure. Prior 
notice and opportunity for public comment are contrary to the public 
interest because there is a need to immediately implement this action 
to protect the gray triggerfish stock. Prior notice and opportunity for 
public comment would require more time and potentially allow the 
recreational sector to exceed the recreational ACL.
    For the aforementioned reasons, the Assistant Administrator 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: September 9, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-19823 Filed 9-10-21; 4:15 pm]
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