81_FR_17153 81 FR 17094 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2016 Commercial Accountability Measure and Closure for South Atlantic Gray Triggerfish; January Through June Season

81 FR 17094 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2016 Commercial Accountability Measure and Closure for South Atlantic Gray Triggerfish; January Through June Season

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 59 (March 28, 2016)

Page Range17094-17094
FR Document2016-06957

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) for the January through June period by April 2, 2016. Therefore, NMFS is closing the commercial sector for gray triggerfish in the South Atlantic EEZ on April 2, 2016. This closure is necessary to protect the gray triggerfish resource.

Federal Register, Volume 81 Issue 59 (Monday, March 28, 2016) 
[Federal Register Volume 81, Number 59 (Monday, March 28, 2016)]
[Rules and Regulations]
[Page 17094]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06957]



[[Page 17094]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 141107936-5399-02]
RIN 0648-XE526


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2016 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) for the January through June period 
by April 2, 2016. Therefore, NMFS is closing the commercial sector for 
gray triggerfish in the South Atlantic EEZ on April 2, 2016. This 
closure is necessary to protect the gray triggerfish resource.

DATES: This rule is effective 12:01 a.m., local time, April 2, 2016, 
until July 1, 2016.

FOR FURTHER INFORMATION CONTACT: Britni LaVine, 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 final rule implementing FMP Amendment 29 divided the commercial 
ACL (equal to the commercial quota) for gray triggerfish in the South 
Atlantic into two 6-month fishing seasons and allocated 50 percent, 
156,162 lb (70,834 kg), round weight, of the total commercial ACL of 
312,324 lb (141,668 kg), round weight, to each fishing season, January 
through June, and July through December (80 FR 30947, June 1, 2015), 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 Sec.  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 2, 2016. Accordingly, the 
commercial sector for South Atlantic gray triggerfish is closed 
effective at 12:01 a.m., local time, April 2, 2016, until the start of 
the July through December fishing season on July 1, 2016.
    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 2, 2016. During the 
closure, the 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 2, 2016, 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 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 rule implementing FMP Amendment 
29, which established the split commercial season for gray triggerfish, 
and the rule that established the 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 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: March 23, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-06957 Filed 3-23-16; 4:15 pm]
 BILLING CODE 3510-22-P

17094 Federal Register / Vol. 81, No. 59 / Monday, March 28, 2016 / Rules and Regulations DEPARTMENT OF COMMERCE through December (80 FR 30947, June 1, without opportunity for prior notice and 2015), as specified in 50 CFR comment. National Oceanic and Atmospheric 622.190(a)(8)(i) and (ii). This action responds to the best Administration Under 50 CFR 622.193(q)(1)(i), NMFS scientific information available. The is required to close the commercial Assistant Administrator for NOAA 50 CFR Part 622 sector for gray triggerfish when either Fisheries (AA), finds that the need to commercial quota specified in immediately implement this action to [Docket No. 141107936–5399–02] § 622.190(a)(8)(i) or (ii) is reached, or is close the commercial sector for gray RIN 0648–XE526 projected to be reached, by filing a triggerfish constitutes good cause to notification to that effect with the Office waive the requirements to provide prior Fisheries of the Caribbean, Gulf of of the Federal Register. NMFS has notice and opportunity for public Mexico, and South Atlantic; 2016 determined that the commercial quota comment pursuant to the authority set Commercial Accountability Measure for South Atlantic gray triggerfish for forth in 5 U.S.C. 553(b)(B), as such and Closure for South Atlantic Gray the January through June fishing season procedures are unnecessary and Triggerfish; January Through June will be reached by April 2, 2016. contrary to the public interest. Such Season Accordingly, the commercial sector for procedures are unnecessary because the South Atlantic gray triggerfish is closed rule implementing FMP Amendment 29, AGENCY: National Marine Fisheries effective at 12:01 a.m., local time, April which established the split commercial Service (NMFS), National Oceanic and 2, 2016, until the start of the July season for gray triggerfish, and the rule Atmospheric Administration (NOAA), through December fishing season on that established the closure provisions Commerce. July 1, 2016. have already been subject to notice and ACTION: Temporary rule; closure. The operator of a vessel with a valid comment, and all that remains is to Federal commercial vessel permit for notify the public of the closure. Such SUMMARY: NMFS implements South Atlantic snapper-grouper having accountability measures for commercial procedures are contrary to the public gray triggerfish on board must have interest because of the need to gray triggerfish in the exclusive landed and bartered, traded, or sold economic zone (EEZ) of the South immediately implement this action to such gray triggerfish prior to 12:01 a.m., protect gray triggerfish since the Atlantic. NMFS projects commercial local time, April 2, 2016. During the landings for gray triggerfish will reach capacity of the fishing fleet allows for closure, the bag limit specified in 50 rapid harvest of the commercial quota. the commercial annual catch limit CFR 622.187(b)(8), and the possession (ACL) for the January through June Prior notice and opportunity for public limits specified in 50 CFR 622.187(c), comment would require time and would period by April 2, 2016. Therefore, apply to all harvest or possession of gray NMFS is closing the commercial sector potentially result in a harvest well in triggerfish in or from the South Atlantic excess of the established commercial for gray triggerfish in the South Atlantic EEZ. Also, during the closure, the sale EEZ on April 2, 2016. This closure is quota. or purchase of gray triggerfish taken For the aforementioned reasons, the necessary to protect the gray triggerfish from the South Atlantic EEZ is resource. AA also finds good cause to waive the prohibited. The prohibition on the sale 30-day delay in the effectiveness of this DATES: This rule is effective 12:01 a.m., or purchase does not apply to gray action under 5 U.S.C. 553(d)(3). local time, April 2, 2016, until July 1, triggerfish that were harvested, landed 2016. ashore, and sold prior to 12:01 a.m., Authority: 16 U.S.C. 1801 et seq. FOR FURTHER INFORMATION CONTACT: local time, April 2, 2016, and were held Dated: March 23, 2016. Britni LaVine, NMFS Southeast in cold storage by a dealer or processor. Emily H. Menashes, Regional Office, telephone: 727–824– For a person on board a vessel for Acting Director, Office of Sustainable 5305, email: britni.lavine@noaa.gov. which a valid Federal commercial or Fisheries, National Marine Fisheries Service. charter vessel/headboat permit for the [FR Doc. 2016–06957 Filed 3–23–16; 4:15 pm] SUPPLEMENTARY INFORMATION: The South Atlantic snapper-grouper fishery snapper-grouper fishery of the South BILLING CODE 3510–22–P has been issued, the bag and possession Atlantic includes gray triggerfish and is limits and sale and purchase provisions managed under the Fishery of the commercial closure for gray DEPARTMENT OF COMMERCE Management Plan for the Snapper- triggerfish apply regardless of whether Grouper Fishery of the South Atlantic the fish are harvested in state or Federal National Oceanic and Atmospheric Region (FMP). The FMP was prepared waters, as specified in 50 CFR Administration by the South Atlantic Fishery 622.190(c)(1)(ii). Management Council and is 50 CFR Part 660 implemented by NMFS under the Classification authority of the Magnuson-Stevens The Regional Administrator, NMFS [Docket No. 140904754–5188–02] Fishery Conservation and Management Southeast Region, has determined this Act (Magnuson-Stevens Act) by temporary rule is necessary for the regulations at 50 CFR part 622. RIN 0648–BF92 conservation and management of gray The final rule implementing FMP triggerfish and the South Atlantic Magnuson-Stevens Act Provisions; Amendment 29 divided the commercial snapper-grouper fishery and is Fisheries off West Coast States; ACL (equal to the commercial quota) for consistent with the Magnuson-Stevens Biennial Specifications and gray triggerfish in the South Atlantic Act and other applicable laws. Lhorne on DSK5TPTVN1PROD with RULES Management Measures; Inseason into two 6-month fishing seasons and This action is taken under 50 CFR Adjustments allocated 50 percent, 156,162 lb (70,834 622.193(q)(1)(i) and is exempt from kg), round weight, of the total review under Executive Order 12866. AGENCY: National Marine Fisheries commercial ACL of 312,324 lb (141,668 These measures are exempt from the Service (NMFS), National Oceanic and kg), round weight, to each fishing procedures of the Regulatory Flexibility Atmospheric Administration (NOAA), season, January through June, and July Act because the temporary rule is issued Commerce. VerDate Sep<11>2014 14:39 Mar 25, 2016 Jkt 238001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\28MRR1.SGM 28MRR1


Document Created: 2016-03-26 00:13:16
Document Modified: 2016-03-26 00:13:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; closure.
DatesThis rule is effective 12:01 a.m., local time, April 2, 2016, until July 1, 2016.
ContactBritni LaVine, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]
FR Citation81 FR 17094 
RIN Number0648-XE52
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