81_FR_33251 81 FR 33150 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Re-Opening of Commercial Sector for South Atlantic Gray Triggerfish; January Through June Season

81 FR 33150 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Re-Opening of Commercial Sector for South Atlantic Gray Triggerfish; January Through June Season

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 101 (May 25, 2016)

Page Range33150-33150
FR Document2016-12356

NMFS announces the re-opening of the commercial sector for gray triggerfish in the exclusive economic zone (EEZ) of the South Atlantic through this temporary rule. The most recent commercial landings of gray triggerfish indicate the commercial annual catch limit (ACL) for the January through June fishing season has not yet been reached. Therefore, NMFS re-opens the commercial sector for gray triggerfish in the South Atlantic EEZ for 18 days to allow the commercial ACL to be caught, while minimizing the risk of the commercial ACL being exceeded.

Federal Register, Volume 81 Issue 101 (Wednesday, May 25, 2016) 
[Federal Register Volume 81, Number 101 (Wednesday, May 25, 2016)]
[Rules and Regulations]
[Page 33150]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12356]



[[Page 33150]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 141107936-5399-02]
RIN 0648-XE606


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Re-Opening of Commercial Sector 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; re-opening.

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SUMMARY: NMFS announces the re-opening of the commercial sector for 
gray triggerfish in the exclusive economic zone (EEZ) of the South 
Atlantic through this temporary rule. The most recent commercial 
landings of gray triggerfish indicate the commercial annual catch limit 
(ACL) for the January through June fishing season has not yet been 
reached. Therefore, NMFS re-opens the commercial sector for gray 
triggerfish in the South Atlantic EEZ for 18 days to allow the 
commercial ACL to be caught, while minimizing the risk of the 
commercial ACL being exceeded.

DATES: This rule is effective 12:01 a.m., local time, June 13, 2016, 
until 12:01 a.m., local time, July 1, 2016.

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.
    The commercial ACL (equal to the commercial quota) for gray 
triggerfish during the January through June fishing season is 156,162 
lb (70,834 kg), round weight, as specified in 50 CFR 622.190(a)(8)(i). 
Under 50 CFR 622.193(q)(1)(i), NMFS is required to close the commercial 
sector for gray triggerfish when the commercial quota for the January 
through June fishing season specified in Sec.  622.190(a)(8)(i) 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 commercial quota for South Atlantic gray triggerfish 
for the January through June fishing season would be reached by April 
2, 2016. Accordingly, NMFS published a temporary rule to implement 
accountability measures (AMs) to close the commercial sector for South 
Atlantic gray triggerfish effective from April 2, 2016, until the start 
of the July through December fishing season on July 1, 2016 (81 FR 
17094, March 28, 2016).
    However, the most recent landings data for gray triggerfish 
indicate the commercial quota has not been reached. Consequently and in 
accordance with 50 CFR 622.8(c), NMFS temporarily re-opens the 
commercial sector for gray triggerfish on June 13, 2016. The commercial 
sector will remain open for 18 days until the July through December 
fishing season begins on July 1, 2016. Re-opening the commercial sector 
on June 13, 2016, through June 30, 2016, allows for an additional 
opportunity to commercially harvest gray triggerfish, minimizes the 
risk of the commercial quota being exceeded, and allows fishermen to 
harvest gray triggerfish without a closure period until the next 
fishing season begins on July 1, 2016.

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 622.8(c) 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 
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 the 
commercial quota and AMs has been subject to notice and comment, and 
all that 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 commercial fishermen to 
harvest the commercial quota of gray triggerfish from the EEZ, while 
minimizing the risk of exceeding the commercial quota. Prior notice and 
opportunity for public comment would require time and would delay the 
re-opening of the commercial sector.
    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: May 20, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-12356 Filed 5-24-16; 8:45 am]
 BILLING CODE 3510-22-P

33150 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations DEPARTMENT OF COMMERCE reached, or is projected to be reached, notice and comment, and all that by filing a notification to that effect with remains is to notify the public of the re- National Oceanic and Atmospheric the Office of the Federal Register. NMFS opening. Such procedures are contrary Administration previously projected that the to the public interest because of the commercial quota for South Atlantic need to immediately implement this 50 CFR Part 622 gray triggerfish for the January through action to allow commercial fishermen to [Docket No. 141107936–5399–02] June fishing season would be reached by harvest the commercial quota of gray April 2, 2016. Accordingly, NMFS triggerfish from the EEZ, while RIN 0648–XE606 published a temporary rule to minimizing the risk of exceeding the implement accountability measures commercial quota. Prior notice and Fisheries of the Caribbean, Gulf of (AMs) to close the commercial sector for opportunity for public comment would Mexico, and South Atlantic; Re- South Atlantic gray triggerfish effective require time and would delay the re- Opening of Commercial Sector for from April 2, 2016, until the start of the opening of the commercial sector. South Atlantic Gray Triggerfish; July through December fishing season For the aforementioned reasons, the January Through June Season on July 1, 2016 (81 FR 17094, March 28, AA also finds good cause to waive the AGENCY: National Marine Fisheries 2016). 30-day delay in the effectiveness of this Service (NMFS), National Oceanic and However, the most recent landings action under 5 U.S.C. 553(d)(3). Atmospheric Administration (NOAA), data for gray triggerfish indicate the Authority: 16 U.S.C. 1801 et seq. Commerce. commercial quota has not been reached. Dated: May 20, 2016. Consequently and in accordance with ACTION: Temporary rule; re-opening. Emily H. Menashes, 50 CFR 622.8(c), NMFS temporarily re- SUMMARY: NMFS announces the re- opens the commercial sector for gray Acting Director, Office of Sustainable triggerfish on June 13, 2016. The Fisheries, National Marine Fisheries Service. opening of the commercial sector for commercial sector will remain open for [FR Doc. 2016–12356 Filed 5–24–16; 8:45 am] gray triggerfish in the exclusive economic zone (EEZ) of the South 18 days until the July through December BILLING CODE 3510–22–P Atlantic through this temporary rule. fishing season begins on July 1, 2016. The most recent commercial landings of Re-opening the commercial sector on June 13, 2016, through June 30, 2016, DEPARTMENT OF COMMERCE gray triggerfish indicate the commercial annual catch limit (ACL) for the January allows for an additional opportunity to National Oceanic and Atmospheric through June fishing season has not yet commercially harvest gray triggerfish, Administration been reached. Therefore, NMFS re- minimizes the risk of the commercial opens the commercial sector for gray quota being exceeded, and allows 50 CFR Part 622 triggerfish in the South Atlantic EEZ for fishermen to harvest gray triggerfish 18 days to allow the commercial ACL to without a closure period until the next [Docket No. 140501394–5279–02] be caught, while minimizing the risk of fishing season begins on July 1, 2016. RIN 0648–XE629 the commercial ACL being exceeded. Classification DATES: This rule is effective 12:01 a.m., Fisheries of the Caribbean, Gulf of The Regional Administrator, NMFS Mexico, and South Atlantic; 2016 local time, June 13, 2016, until 12:01 Southeast Region, has determined this a.m., local time, July 1, 2016. Commercial Accountability Measures temporary rule is necessary for the and Closure for Blueline Tilefish in the FOR FURTHER INFORMATION CONTACT: conservation and management of gray Mary Vara, NMFS Southeast Regional South Atlantic Region triggerfish and the South Atlantic Office, telephone: 727–824–5305, email: snapper-grouper fishery and is AGENCY: National Marine Fisheries mary.vara@noaa.gov. consistent with the Magnuson-Stevens Service (NMFS), National Oceanic and SUPPLEMENTARY INFORMATION: The Act and other applicable laws. Atmospheric Administration (NOAA), snapper-grouper fishery of the South This action is taken under 50 CFR Commerce. Atlantic includes gray triggerfish and is 622.8(c) and is exempt from review ACTION: Temporary rule; closure. managed under the Fishery under Executive Order 12866. Management Plan for the Snapper- These measures are exempt from the SUMMARY: NMFS implements Grouper Fishery of the South Atlantic procedures of the Regulatory Flexibility accountability measures (AMs) for Region (FMP). The FMP was prepared Act because the temporary rule is issued commercial blueline tilefish in the by the South Atlantic Fishery without opportunity for prior notice and exclusive economic zone (EEZ) of the Management Council and is comment. South Atlantic. Commercial landings for implemented by NMFS under the This action responds to the best blueline tilefish are projected to reach authority of the Magnuson-Stevens scientific information available. The the commercial annual catch limit Fishery Conservation and Management Assistant Administrator for NOAA (ACL) by June 1, 2016. Therefore, NMFS Act (Magnuson-Stevens Act) by Fisheries (AA), finds that the need to is closing the commercial sector for regulations at 50 CFR part 622. immediately implement this action to blueline tilefish in the South Atlantic The commercial ACL (equal to the temporarily re-open the commercial EEZ at 12:01 a.m., local time, June 1, commercial quota) for gray triggerfish sector for gray triggerfish constitutes 2016, and it will remain closed until the during the January through June fishing good cause to waive the requirements to start of the next fishing season on season is 156,162 lb (70,834 kg), round provide prior notice and opportunity for January 1, 2017. This closure is weight, as specified in 50 CFR public comment pursuant to the necessary to protect the blueline tilefish Lhorne on DSK30JT082PROD with RULES 622.190(a)(8)(i). Under 50 CFR authority set forth in 5 U.S.C. 553(b)(B), resource. 622.193(q)(1)(i), NMFS is required to as such procedures are unnecessary and DATES: This rule is effective at 12:01 close the commercial sector for gray contrary to the public interest. Such a.m., local time, June 1, 2016, until triggerfish when the commercial quota procedures are unnecessary because the 12:01 a.m., local time, January 1, 2017. for the January through June fishing rule implementing the commercial FOR FURTHER INFORMATION CONTACT: season specified in § 622.190(a)(8)(i) is quota and AMs has been subject to Mary Vara, NMFS Southeast Regional VerDate Sep<11>2014 14:51 May 24, 2016 Jkt 238001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1


Document Created: 2018-02-07 15:03:47
Document Modified: 2018-02-07 15:03:47
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; re-opening.
DatesThis rule is effective 12:01 a.m., local time, June 13, 2016, until 12:01 a.m., local time, July 1, 2016.
ContactMary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]
FR Citation81 FR 33150 
RIN Number0648-XE60
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