81_FR_46986 81 FR 46848 - Reef Fish Fishery of the Gulf of Mexico; 2016 Recreational Accountability Measures and Closure for Gulf of Mexico Gray Triggerfish

81 FR 46848 - Reef Fish Fishery of the Gulf of Mexico; 2016 Recreational Accountability Measures and Closure for Gulf of Mexico Gray Triggerfish

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 138 (July 19, 2016)

Page Range46848-46849
FR Document2016-17043

NMFS implements accountability measures (AMs) for the gray triggerfish recreational sector in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) for the 2016 fishing year through this temporary rule. NMFS has determined that the 2015 recreational annual catch limit (ACL) for Gulf gray triggerfish was exceeded; therefore, NMFS reduces the gray triggerfish recreational ACL and annual catch target (ACT) in 2016. NMFS has also determined that the recreational ACT for Gulf gray triggerfish was reached prior to the June 1 annual season closure. Therefore, the gray triggerfish recreational season in the Gulf EEZ will remain closed and will not be re-opening on August 1, 2016. This closure is necessary to protect the Gulf gray triggerfish resource.

Federal Register, Volume 81 Issue 138 (Tuesday, July 19, 2016)
[Federal Register Volume 81, Number 138 (Tuesday, July 19, 2016)]
[Rules and Regulations]
[Pages 46848-46849]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17043]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 121004518-3398-01]
RIN 0648-XE701


Reef Fish Fishery of the Gulf of Mexico; 2016 Recreational 
Accountability Measures 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.

-----------------------------------------------------------------------

SUMMARY: NMFS implements accountability measures (AMs) for the gray 
triggerfish recreational sector in the exclusive economic zone (EEZ) of 
the Gulf of Mexico (Gulf) for the 2016 fishing year through this 
temporary rule. NMFS has determined that the 2015 recreational annual 
catch limit (ACL) for Gulf gray triggerfish was exceeded; therefore, 
NMFS reduces the gray triggerfish recreational ACL and annual

[[Page 46849]]

catch target (ACT) in 2016. NMFS has also determined that the 
recreational ACT for Gulf gray triggerfish was reached prior to the 
June 1 annual season closure. Therefore, the gray triggerfish 
recreational season in the Gulf EEZ will remain closed and will not be 
re-opening on August 1, 2016. This closure is necessary to protect the 
Gulf gray triggerfish resource.

DATES: This rule is effective from 12:01 a.m., local time, August 1, 
2016, until 12:01 a.m., local time, on January 1, 2017.

FOR FURTHER INFORMATION CONTACT: Rich Malinowski, NMFS Southeast 
Regional Office, telephone: 727-824-5305, 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 (FMP). The Gulf of Mexico Fishery 
Management Council (Council) prepared the FMP and NMFS implements the 
FMP under the authority of the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 
622. All gray triggerfish weights discussed in this temporary rule are 
in round weight.
    The 2016 recreational ACL for Gulf gray triggerfish specified in 50 
CFR 622.41(b)(2)(iii) is 241,200 lb (109,406 kg) and the recreational 
ACT is 217,100 lb (98,475 kg). However, in 2015, the recreational 
harvest of gray triggerfish exceeded the 2015 recreational ACL by 
39,997 lb (18,142 kg). Therefore, consistent with the requirements 
specified in 50 CFR 622.41(b)(2)(ii), NMFS reduces the recreational ACL 
for gray triggerfish in 2016 to 201,223 lb (91,273 kg) and the 
recreational ACT to 177,123 lb (80,342 kg).
    Under 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 2016 recreational ACT was reached prior to the annual 
season closure, which is effective from June 1 through July 31 each 
year. Accordingly, the recreational sector for Gulf gray triggerfish 
will not re-open on August 1, because NMFS is closing recreational 
harvest of triggerfish for the 2016 fishing year effective at 12:01 
a.m., local time, August 1, 2016, until 12:01 a.m., local time, January 
1, 2017, the start of the next fishing year.
    During the recreational closure, the bag and possession limits for 
gray triggerfish in or from the Gulf EEZ are zero. The prohibition on 
possession in the Gulf on board a vessel for which a valid Federal 
charter vessel/headboat permit for Gulf reef fish has been issued 
applies regardless of whether gray triggerfish were harvested in state 
or Federal waters.
    The recreational sector for gray triggerfish will reopen on January 
1, 2017, the beginning of the 2017 recreational fishing year.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
Gulf gray triggerfish and is consistent with the Magnuson-Stevens Act 
and other applicable laws.
    This action is taken under 50 CFR 622.41(b)(2)(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 recreational 
sector for gray triggerfish constitutes good cause to waive the 
requirements to provide prior notice and opportunity for public comment 
on this temporary rule pursuant to the authority set forth in 5 U.S.C. 
553(b)(B), because such procedures are unnecessary and contrary to the 
public interest. Such procedures are unnecessary because the rule 
establishing the closure provisions was 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. Prior 
notice and opportunity for public comment would require time and would 
potentially allow the recreational sector to exceed the recreational 
ACL.
    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: July 14, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-17043 Filed 7-14-16; 4:15 pm]
BILLING CODE 3510-22-P



                                           46848               Federal Register / Vol. 81, No. 138 / Tuesday, July 19, 2016 / Rules and Regulations

                                           Biosciences Complex, 116 Barrie Street,                  ACTION:  Final rule; information                      notice of action in the docket as well as
                                           Kingston, Ontario, Canada, K7L 3N6.                      collection approval.                                  OMB’s June 23, 2016 notice of action.
                                              34 Hach Company. ‘‘Hach Method 10241—
                                                                                                                                                             The Inspection of Towing Vessels
                                           Spectrophotometric Measurement of Free                   SUMMARY:   The Coast Guard announces                  final rule becomes effective July 20,
                                           Chlorine (Cl2) in Finished Drinking Water,’’             that the Office of Management and                     2016, and the Coast Guard may start
                                           November 2015. Revision 1.2. 5600                        Budget (OMB) has approved the
                                           Lindbergh Drive, P.O. Box 389, Loveland, CO                                                                    enforcing that rule’s applicable
                                                                                                    collection of information described in                collection of information requirements
                                           80539. (Available at http://www.hach.com.)
                                              35 Hach Company. ‘‘Hach Method 8026—                  the Inspection of Towing Vessels final                on that date. As noted in the summary
                                           Spectrophotometric Measurement of Copper                 rule published on June 20, 2016. In that              of that rule, certain existing towing
                                           in Finished Drinking Water,’’ December                   rule, which establishes safety                        vessels subject to this rule will have an
                                           2015. Revision 1.2. 5600 Lindbergh Drive,                regulations governing the inspection,                 additional 2 years before having to
                                           P.O. Box 389, Loveland, CO 80539.                        standards, and safety management                      comply with most of its requirements,
                                           (Available at http://www.hach.com.)                      systems of towing vessels, we stated that             but we anticipate receiving applications
                                              36 Hach Company. ‘‘Hach Method 10272—
                                                                                                    before the Coast Guard could enforce                  from organizations seeking to become
                                           Spectrophotometric Measurement of Copper                 the collection of information
                                           in Finished Drinking Water,’’ December                                                                         third-party organizations soon after the
                                                                                                    requirements in the rule, OMB would                   rule becomes effective.
                                           2015. Revision 1.2. 5600 Lindbergh Drive,
                                           P.O. Box 389, Loveland, CO 80539.
                                                                                                    need to approve the Coast Guard’s                        A copy of the two approval memos
                                           (Available at http://www.hach.com.)                      request to collect this information. This             from OMB and the Inspection of Towing
                                              37 Hach Company. ‘‘Hach Method 10261—                 document announces that approval. On                  Vessels final rule are in docket USCG–
                                           Total Organic Carbon in Finished Drinking                June 23, 2016, OMB approved this Coast                2006–24412 which is available on the
                                           Water by Catalyzed Ozone Hydroxyl Radical                Guard request and assigned this                       Internet by going to http://
                                           Oxidation Infrared Analysis,’’ December                  collection of information OMB control                 www.regulations.gov, inserting USCG–
                                           2015. Revision 1.2. 5600 Lindbergh Drive,                number 1625–0117.                                     2006–24412 in the ‘‘Search’’ box, and
                                           P.O. Box 389, Loveland, CO 80539.                        DATES: On June 23, 2016, OMB                          clicking ‘‘Search.’’
                                           (Available at http://www.hach.com.)
                                              38 Hach Company. ‘‘Hach Method 10267—                 approved a new collection of                             This document, which announces
                                           Spectrophotometric Measurement of Total                  information assigned OMB control                      approval of the collection of information
                                           Organic Carbon (TOC) in Finished Drinking                number 1625–0117. That approval                       assigned OMB control number 1625–
                                           Water,’’ December 2015. Revision 1.2. 5600               expires on June 30, 2019. Based on this               0117, is issued under authority of 5
                                           Lindbergh Drive, P.O. Box 389, Loveland, CO              OMB approval, the Coast Guard may                     U.S.C. 552(a).
                                           80539. (Available at http://www.hach.com.)               start enforcing applicable collection of                Dated: July 14, 2016.
                                              39 Hach Company. ‘‘Hach Method 10258—
                                                                                                    information requirements in the                       J.G. Lantz,
                                           Determination of Turbidity by 360°                       Inspection of Towing Vessels final rule
                                           Nephelometry,’’ January 2016. 5600                                                                             Director of Commercial Regulations and
                                                                                                    published in the Federal Register on                  Standards.
                                           Lindbergh Drive, P.O. Box 389, Loveland, CO
                                           80539. (Available at http://www.hach.com.)
                                                                                                    June 20, 2016 (81 FR 40004), starting on
                                                                                                                                                          [FR Doc. 2016–17007 Filed 7–18–16; 8:45 am]
                                              40 Nitrate Elimination Company, Inc.                  that rule’s effective date, July 20, 2016.
                                                                                                                                                          BILLING CODE 9110–04–P
                                           (NECi). ‘‘Method for Nitrate Reductase                   FOR FURTHER INFORMATION CONTACT: If
                                           Nitrate-Nitrogen Analysis of Drinking                    you have questions about this rule, call
                                           Water,’’ February 2016. Superior Enzymes,                or email Lieutenant Commander
                                           Inc., 334 Hecla Street, Lake Linden, Michigan                                                                  DEPARTMENT OF COMMERCE
                                                                                                    William Nabach, Project Manager, CG–
                                           49945.                                                   OES–2, Coast Guard, telephone 202–
                                              41 Thermo Fisher. ‘‘Thermo Fisher                                                                           National Oceanic and Atmospheric
                                                                                                    372–1386, email William.A.Nabach@                     Administration
                                           Scientific Drinking Water Orthophosphate
                                           Method for Thermo Scientific Gallery                     uscg.mil.
                                           Discrete Analyzer,’’ February 2016. Revision             SUPPLEMENTARY INFORMATION: On June                    50 CFR Part 622
                                           5. Thermo Fisher Scientific, Ratastie 2, 01620           23, 2016, the Office of Management and
                                           Vantaa, Finland.                                                                                               [Docket No. 121004518–3398–01]
                                              42 Mitchell Method M5331, Revision 1.2.
                                                                                                    Budget (OMB) approved a new
                                                                                                    collection of information for the                     RIN 0648–XE701
                                           ‘‘Determination of Turbidity by LED or Laser
                                           Nephelometry,’’ February 2016. Available
                                                                                                    Inspection of Towing Vessels final rule
                                                                                                    published on June 20, 2016 (81 FR                     Reef Fish Fishery of the Gulf of
                                           from Leck Mitchell, Ph.D., PE, 656                                                                             Mexico; 2016 Recreational
                                           Independence Valley Dr., Grand Junction, CO              40004). In that rule, which establishes
                                                                                                    safety regulations governing the                      Accountability Measures and Closure
                                           81507.
                                                                                                    inspection, standards, and safety                     for Gulf of Mexico Gray Triggerfish
                                           [FR Doc. 2016–16516 Filed 7–18–16; 8:45 am]
                                           BILLING CODE 6560–50–P
                                                                                                    management systems of towing vessels,                 AGENCY:  National Marine Fisheries
                                                                                                    we stated that before the Coast Guard                 Service (NMFS), National Oceanic and
                                                                                                    could enforce the collection of                       Atmospheric Administration (NOAA),
                                                                                                    information requirements in the rule,                 Commerce.
                                           DEPARTMENT OF HOMELAND                                   OMB would need to approve the Coast
                                           SECURITY                                                                                                       ACTION: Temporary rule; closure.
                                                                                                    Guard’s request to collect this
                                                                                                    information. This document announces                  SUMMARY:   NMFS implements
                                           Coast Guard
                                                                                                    the approval of that collection which                 accountability measures (AMs) for the
                                                                                                    has been assigned OMB control number                  gray triggerfish recreational sector in the
                                           46 CFR Parts 1, 2, 15, 136, 137, 138,
                                                                                                    1625–0117. OMB’s approval of that                     exclusive economic zone (EEZ) of the
                                           139, 140, 141, 142, 143, 144, and 199
                                                                                                    collection will expire on June 30, 2019.              Gulf of Mexico (Gulf) for the 2016
ehiers on DSK5VPTVN1PROD with RULES




                                           [Docket No. USCG–2006–24412]                               On July 12, 2016, OMB approved the                  fishing year through this temporary rule.
                                                                                                    insertion of ‘‘CFR’’ in the title of the              NMFS has determined that the 2015
                                           RIN 1625–AB06                                            collection of information so it conforms              recreational annual catch limit (ACL) for
                                           Inspection of Towing Vessels                             with the title presented in the final rule:           Gulf gray triggerfish was exceeded;
                                                                                                    Towing Vessels—Title 46 CFR                           therefore, NMFS reduces the gray
                                           AGENCY:    Coast Guard, DHS.                             Subchapter M. We have included that                   triggerfish recreational ACL and annual


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                                                               Federal Register / Vol. 81, No. 138 / Tuesday, July 19, 2016 / Rules and Regulations                                              46849

                                           catch target (ACT) in 2016. NMFS has                     (91,273 kg) and the recreational ACT to                  This action is taken under 50 CFR
                                           also determined that the recreational                    177,123 lb (80,342 kg).                               622.41(b)(2)(i) and is exempt from
                                           ACT for Gulf gray triggerfish was                           Under 50 CFR 622.41(b)(2)(i), NMFS                 review under Executive Order 12866.
                                           reached prior to the June 1 annual                       is required to close the recreational                    These measures are exempt from the
                                           season closure. Therefore, the gray                      sector for gray triggerfish when the                  procedures of the Regulatory Flexibility
                                           triggerfish recreational season in the                   recreational ACT is reached, or is                    Act because the temporary rule is issued
                                           Gulf EEZ will remain closed and will                     projected to be reached, by filing a                  without opportunity for prior notice and
                                           not be re-opening on August 1, 2016.                     notification to that effect with the Office           comment.
                                           This closure is necessary to protect the                                                                          This action responds to the best
                                                                                                    of the Federal Register. NMFS has
                                           Gulf gray triggerfish resource.                                                                                scientific information available. The
                                                                                                    determined the 2016 recreational ACT
                                           DATES: This rule is effective from 12:01                                                                       Assistant Administrator for NOAA
                                                                                                    was reached prior to the annual season
                                           a.m., local time, August 1, 2016, until                                                                        Fisheries (AA), finds that the need to
                                                                                                    closure, which is effective from June 1
                                           12:01 a.m., local time, on January 1,                                                                          immediately implement this action to
                                                                                                    through July 31 each year. Accordingly,
                                           2017.                                                                                                          close the recreational sector for gray
                                                                                                    the recreational sector for Gulf gray
                                                                                                                                                          triggerfish constitutes good cause to
                                           FOR FURTHER INFORMATION CONTACT:      Rich               triggerfish will not re-open on August 1,             waive the requirements to provide prior
                                           Malinowski, NMFS Southeast Regional                      because NMFS is closing recreational                  notice and opportunity for public
                                           Office, telephone: 727–824–5305, email:                  harvest of triggerfish for the 2016 fishing           comment on this temporary rule
                                           rich.malinowski@noaa.gov.                                year effective at 12:01 a.m., local time,             pursuant to the authority set forth in 5
                                           SUPPLEMENTARY INFORMATION: NMFS                          August 1, 2016, until 12:01 a.m., local               U.S.C. 553(b)(B), because such
                                           manages the Gulf reef fish fishery,                      time, January 1, 2017, the start of the               procedures are unnecessary and
                                           which includes gray triggerfish, under                   next fishing year.                                    contrary to the public interest. Such
                                           the Fishery Management Plan for the                         During the recreational closure, the               procedures are unnecessary because the
                                           Reef Fish Resources of the Gulf (FMP).                   bag and possession limits for gray                    rule establishing the closure provisions
                                           The Gulf of Mexico Fishery                               triggerfish in or from the Gulf EEZ are               was subject to notice and comment, and
                                           Management Council (Council)                             zero. The prohibition on possession in                all that remains is to notify the public
                                           prepared the FMP and NMFS                                the Gulf on board a vessel for which a                of the closure. Such procedures are
                                           implements the FMP under the                             valid Federal charter vessel/headboat                 contrary to the public interest because
                                           authority of the Magnuson-Stevens                        permit for Gulf reef fish has been issued             of the need to immediately implement
                                           Fishery Conservation and Management                      applies regardless of whether gray                    this action to protect gray triggerfish.
                                           Act (Magnuson-Stevens Act) by                            triggerfish were harvested in state or                Prior notice and opportunity for public
                                           regulations at 50 CFR part 622. All gray                 Federal waters.                                       comment would require time and would
                                           triggerfish weights discussed in this                                                                          potentially allow the recreational sector
                                           temporary rule are in round weight.                         The recreational sector for gray
                                                                                                                                                          to exceed the recreational ACL.
                                              The 2016 recreational ACL for Gulf                    triggerfish will reopen on January 1,
                                                                                                                                                             For the aforementioned reasons, the
                                           gray triggerfish specified in 50 CFR                     2017, the beginning of the 2017
                                                                                                                                                          AA also finds good cause to waive the
                                           622.41(b)(2)(iii) is 241,200 lb (109,406                 recreational fishing year.
                                                                                                                                                          30-day delay in the effectiveness of this
                                           kg) and the recreational ACT is 217,100                  Classification                                        action under 5 U.S.C. 553(d)(3).
                                           lb (98,475 kg). However, in 2015, the                                                                            Authority: 16 U.S.C. 1801 et seq.
                                           recreational harvest of gray triggerfish                    The Regional Administrator,
                                           exceeded the 2015 recreational ACL by                    Southeast Region, NMFS, has                             Dated: July 14, 2016.
                                           39,997 lb (18,142 kg). Therefore,                        determined this temporary rule is                     Emily H. Menashes,
                                           consistent with the requirements                         necessary for the conservation and                    Acting Director, Office of Sustainable
                                           specified in 50 CFR 622.41(b)(2)(ii),                    management of Gulf gray triggerfish and               Fisheries, National Marine Fisheries Service.
                                           NMFS reduces the recreational ACL for                    is consistent with the Magnuson-                      [FR Doc. 2016–17043 Filed 7–14–16; 4:15 pm]
                                           gray triggerfish in 2016 to 201,223 lb                   Stevens Act and other applicable laws.                BILLING CODE 3510–22–P
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Document Created: 2016-07-19 01:10:53
Document Modified: 2016-07-19 01:10:53
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 from 12:01 a.m., local time, August 1, 2016, until 12:01 a.m., local time, on January 1, 2017.
ContactRich Malinowski, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]
FR Citation81 FR 46848 
RIN Number0648-XE70

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