82 FR 52248 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2017 Commercial Accountability Measure and Closure for Gulf Gray Triggerfish
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 217 (November 13, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 217 (November 13, 2017)
| Page Range | 52248-52248 | |
| FR Document | 2017-24519 |
[Federal Register Volume 82, Number 217 (Monday, November 13, 2017)] [Rules and Regulations] [Page 52248] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-24519] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 121004518-3398-01] RIN 0648-XF815 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2017 Commercial Accountability Measure and Closure for Gulf Gray Triggerfish AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- SUMMARY: NMFS implements accountability measures for commercial gray triggerfish in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) through this temporary rule. NMFS projects commercial landings for gray triggerfish will reach the commercial annual catch target (ACT)(commercial quota) by November 18, 2017. Therefore, NMFS is closing the commercial sector for gray triggerfish in the Gulf EEZ on November 18, 2017. This closure is necessary to protect the gray triggerfish resource. DATES: This rule is effective 12:01 a.m., local time, November 18, 2017, until January 1, 2018. FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]. SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf includes gray triggerfish and is managed under the Fishery Management Plan for Reef Fish Resources of the Gulf (FMP). The FMP was prepared by the Gulf Fishery Management Council and is implemented 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. On August 4, 2008, NMFS established gray triggerfish accountability measures as well as commercial quotas for gray triggerfish through Amendment 30A to the FMP (73 FR 38139). On May 9, 2013, NMFS issued a final rule to implement Amendment 37 to the FMP (78 FR 27084). In part, Amendment 37 revised gray triggerfish commercial annual catch limits (ACLs) and ACTS. Under 50 CFR 622.41(b)(1), NMFS is required to close the commercial sector for gray triggerfish when the commercial quota 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 Gulf gray triggerfish of 60,900 lb (27,624 kg) will be reached by November 18, 2017. Accordingly, the commercial sector for Gulf gray triggerfish is closed effective 12:01 a.m., local time, November 18, 2017, until the start of the next commercial fishing season on January 1, 2018. The operator of a vessel with a valid commercial vessel permit for Gulf reef fish having gray triggerfish onboard must have landed and bartered, traded, or sold such gray triggerfish prior to 12:01 a.m., local time, November 18, 2017. During the closure, the sale or purchase of gray triggerfish taken from the Gulf 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, November 18, 2017, and were held in cold storage by a dealer or processor. The recreational sector for gray triggerfish is also closed through December 31, 2017. Therefore all harvest or possession of gray triggerfish is prohibited until the start of the new fishing year (50 CFR 622.39(b)). The commercial and recreational sectors for gray triggerfish will reopen on January 1, 2018, the beginning of the 2018 gray triggerfish fishing year. Classification The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of gray triggerfish and the Gulf reef fish fishery and is consistent with the Magnuson-Stevens Act and other applicable laws. This action is taken under 50 CFR 622.41(b)(1) 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 NOAA Assistant Administrator for 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 final rule implementing Amendment 37 (78 FR 27084; May 9, 2013), which established the closure provision for commercial gray triggerfish, 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 could 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: November 7, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017-24519 Filed 11-9-17; 8:45 am] BILLING CODE 3510-22-P
![52248 Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Rules and Regulations
TRANSPORTATION DRUG AND Resources of the Gulf (FMP). The FMP with the Magnuson-Stevens Act and
ALCOHOL TESTING MIS DATA was prepared by the Gulf Fishery other applicable laws.
COLLECTION FORM INSTRUCTION Management Council and is This action is taken under 50 CFR
SHEET’’. implemented under the authority of the 622.41(b)(1) and is exempt from review
The revision reads as follows: Magnuson-Stevens Fishery
under Executive Order 12866.
Conservation and Management Act
Appendix H to Part 40—DOT Drug and (Magnuson-Stevens Act) by regulations These measures are exempt from the
Alcohol Testing Management at 50 CFR part 622. All gray triggerfish procedures of the Regulatory Flexibility
Information System (MIS) Data weights discussed in this temporary rule Act because the temporary rule is issued
Collection Form are in round weight. without opportunity for prior notice and
The following form is the MIS Data On August 4, 2008, NMFS established comment.
Collection form required for use to report gray triggerfish accountability measures This action responds to the best
calendar year MIS data. as well as commercial quotas for gray
scientific information available. The
* * * * * triggerfish through Amendment 30A to
NOAA Assistant Administrator for
Issued in Washington, DC on November 3,
the FMP (73 FR 38139). On May 9, 2013,
NMFS issued a final rule to implement Fisheries (AA), finds that the need to
2017. immediately implement this action to
Elaine L. Chao,
Amendment 37 to the FMP (78 FR
27084). In part, Amendment 37 revised close the commercial sector for gray
Secretary of Transportation. triggerfish constitutes good cause to
gray triggerfish commercial annual
[FR Doc. 2017–24397 Filed 11–9–17; 8:45 am] catch limits (ACLs) and ACTS. waive the requirements to provide prior
BILLING CODE 4910–9X–P Under 50 CFR 622.41(b)(1), NMFS is notice and opportunity for public
required to close the commercial sector comment pursuant to the authority set
for gray triggerfish when the commercial forth in 5 U.S.C. 553(b)(B), as such
DEPARTMENT OF COMMERCE quota is reached, or is projected to be procedures are unnecessary and
reached, by filing a notification to that contrary to the public interest. Such
National Oceanic and Atmospheric effect with the Office of the Federal procedures are unnecessary because the
Administration Register. NMFS has determined that the final rule implementing Amendment 37
commercial quota for Gulf gray (78 FR 27084; May 9, 2013), which
50 CFR Part 622 triggerfish of 60,900 lb (27,624 kg) will established the closure provision for
[Docket No. 121004518–3398–01] be reached by November 18, 2017. commercial gray triggerfish, have
Accordingly, the commercial sector for already been subject to notice and
RIN 0648–XF815 Gulf gray triggerfish is closed effective comment, and all that remains is to
12:01 a.m., local time, November 18,
Fisheries of the Caribbean, Gulf of notify the public of the closure. Such
2017, until the start of the next
Mexico, and South Atlantic; 2017 procedures are contrary to the public
commercial fishing season on January 1,
Commercial Accountability Measure interest because of the need to
2018.
and Closure for Gulf Gray Triggerfish The operator of a vessel with a valid immediately implement this action to
commercial vessel permit for Gulf reef protect gray triggerfish since the
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and fish having gray triggerfish onboard capacity of the fishing fleet allows for
Atmospheric Administration (NOAA), must have landed and bartered, traded, rapid harvest of the commercial quota.
Commerce. or sold such gray triggerfish prior to Prior notice and opportunity for public
12:01 a.m., local time, November 18, comment would require time and could
ACTION: Temporary rule; closure.
2017. During the closure, the sale or potentially result in a harvest well in
SUMMARY: NMFS implements purchase of gray triggerfish taken from excess of the established commercial
accountability measures for commercial the Gulf EEZ is prohibited. The quota.
gray triggerfish in the exclusive prohibition on the sale or purchase does For the aforementioned reasons, the
economic zone (EEZ) of the Gulf of not apply to gray triggerfish that were AA also finds good cause to waive the
Mexico (Gulf) through this temporary harvested, landed ashore, and sold prior 30-day delay in the effectiveness of this
rule. NMFS projects commercial to 12:01 a.m., local time, November 18, action under 5 U.S.C. 553(d)(3).
landings for gray triggerfish will reach 2017, and were held in cold storage by
the commercial annual catch target a dealer or processor. Authority: 16 U.S.C. 1801 et seq.
(ACT)(commercial quota) by November The recreational sector for gray Dated: November 7, 2017.
18, 2017. Therefore, NMFS is closing triggerfish is also closed through
Emily H. Menashes,
the commercial sector for gray December 31, 2017. Therefore all
harvest or possession of gray triggerfish Acting Director, Office of Sustainable
triggerfish in the Gulf EEZ on November Fisheries, National Marine Fisheries Service.
18, 2017. This closure is necessary to is prohibited until the start of the new
fishing year (50 CFR 622.39(b)). The [FR Doc. 2017–24519 Filed 11–9–17; 8:45 am]
protect the gray triggerfish resource.
DATES: This rule is effective 12:01 a.m.,
commercial and recreational sectors for BILLING CODE 3510–22–P
local time, November 18, 2017, until gray triggerfish will reopen on January
January 1, 2018. 1, 2018, the beginning of the 2018 gray
triggerfish fishing year.
asabaliauskas on DSKBBXCHB2PROD with RULES
FOR FURTHER INFORMATION CONTACT:
Kelli O’Donnell, NMFS Southeast Classification
Regional Office, telephone: 727–824– The Regional Administrator,
5305, email: kelli.odonell@noaa.gov. Southeast Region, NMFS, has
SUPPLEMENTARY INFORMATION: The reef determined this temporary rule is
fish fishery of the Gulf includes gray necessary for the conservation and
triggerfish and is managed under the management of gray triggerfish and the
Fishery Management Plan for Reef Fish Gulf reef fish fishery and is consistent
VerDate Sep<11>2014 17:36 Nov 09, 2017 Jkt 244001 PO 00000 Frm 00076 Fmt 4700 Sfmt 9990 E:\FR\FM\13NOR1.SGM 13NOR1](https://thefederalregister.org/doc/82_FR_52465/page/1.svg)
Document Created: 2017-11-10 01:17:59
Document Modified: 2017-11-10 01:17:59
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; closure. | |
| Dates | This rule is effective 12:01 a.m., local time, November 18, 2017, until January 1, 2018. | |
| Contact | Kelli O'Donnell, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 82 FR 52248 | |
| RIN Number | 0648-XF81 |
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