83 FR 51390 - Reef Fish Fishery of the Gulf of Mexico; 2018 Commercial Accountability Measure and Closure for Gulf of Mexico Gray Triggerfish
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 197 (October 11, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 197 (October 11, 2018)
| Page Range | 51390-51390 | |
| FR Document | 2018-22142 |
[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)] [Rules and Regulations] [Page 51390] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-22142] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 121004518-3398-01] RIN 0648-XG524 Reef Fish Fishery of the Gulf of Mexico; 2018 Commercial 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. ----------------------------------------------------------------------- SUMMARY: NMFS implements accountability measures (AMs) for the gray triggerfish commercial sector in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) through this temporary rule. NMFS projects that 2018 commercial landings for gray triggerfish will reach the commercial annual catch target (ACT) (commercial quota) by October 7, 2018. Therefore, NMFS is closing the commercial sector for Gulf gray triggerfish on October 7, 2018, and it will remain closed through the end of the fishing year on December 31, 2018. This closure is necessary to protect the Gulf gray triggerfish resource. DATES: This temporary rule is effective at 12:01 a.m., local time, on October 7, 2018, until 12:01 a.m., local time, on January 1, 2019. FOR FURTHER INFORMATION CONTACT: Lauren Waters, 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 of Mexico (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. On August 4, 2008, NMFS established gray triggerfish AMs 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 ACLs and ACTs. The 2018 commercial quota (i.e., the commercial ACT) for Gulf gray triggerfish specified in 50 CFR 622.39(a)(1)(vi) is 60,900 lb (27,624 kg). As specified by 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 the 2018 commercial quota for Gulf gray triggerfish will be reached by October 7, 2018. Accordingly, this temporary rule closes the commercial sector for Gulf gray triggerfish effective at 12:01 a.m., local time, October 7, 2018, and it will remain closed until the start of the next commercial fishing season on January 1, 2019. During the commercial closure, 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, October 7, 2018. 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, October 7, 2018, and were held in cold storage by a dealer or processor. Classification The Regional Administrator for the NMFS Southeast Region 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)(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 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 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 Amendment 37 to the FMP (78 FR 27084; May 9, 2013), which established 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 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. Margo B. Schulze-Haugen, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-22142 Filed 10-5-18; 4:15 pm] BILLING CODE 3510-22-P
![51390 Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Rules and Regulations
2 The description is not intended to be a comprehensive explanation of the underlying violation; the statute and corresponding regulation, if applicable, should be
consulted.
3 Statutory or Inflation Act Adjustment.
4 The cost of living multiplier for 2018, based on the CPI–U for the month of October 2017, not seasonally adjusted, is 1.02041, as indicated in OMB Memorandum
M–18–03, ‘‘Implementation of Penalty Inflation Adjustments for 2018, Pursuant to the Federal Civil Penalties Adjustment Act Improvements Act of 2015’’ (December
15, 2017).
5 2018 Maximum Adjusted Penalty column adjusted based on changes to the Bipartisan Budget Act of 2018 for 42 U.S.C.1320a–7a(a),1320a–7a(b),
1395l(h)(5)(D),1395m(a)(11)(A),1395m(a)(18)(B), 1395m(b)(5)(C), 1395m(h)(3), 1395m(j)(4), 1395m(k)(6), 1395m(l)(6), 1395u(b)(18)(B), 1395u(j)(2)(B), 1395u(k),
1395u(l)(3), 1395u(m)(3), 1395u(n)(3), 1395u(o)(3)(B), 1395w–4(g)(1)(B), 1395w–4(g)(3)(B),1395pp(h).
Mexico (FMP). The Gulf of Mexico gray triggerfish and is consistent with
Dated: October 3, 2018. Fishery Management Council (Council) the Magnuson-Stevens Act and other
Alex M. Azar II, prepared the FMP and NMFS applicable laws.
Secretary, Department of Health and Human implements the FMP under the This action is taken under 50 CFR
Services. authority of the Magnuson-Stevens
622.41(b)(1) and is exempt from review
[FR Doc. 2018–22005 Filed 10–10–18; 8:45 am] Fishery Conservation and Management
under Executive Order 12866.
BILLING CODE 4150–24–P Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622. All gray These measures are exempt from the
triggerfish weights discussed in this procedures of the Regulatory Flexibility
DEPARTMENT OF COMMERCE temporary rule are in round weight. Act because the temporary rule is issued
On August 4, 2008, NMFS established without opportunity for prior notice and
National Oceanic and Atmospheric gray triggerfish AMs as well as comment.
Administration commercial quotas for gray triggerfish
This action responds to the best
through Amendment 30A to the FMP
scientific information available. The
50 CFR Part 622 (73 FR 38139). On May 9, 2013, NMFS
issued a final rule to implement Assistant Administrator for NOAA
[Docket No. 121004518–3398–01] Amendment 37 to the FMP (78 FR Fisheries (AA) finds that the need to
27084). In part, Amendment 37 revised immediately implement this action to
RIN 0648–XG524
gray triggerfish commercial ACLs and close the commercial sector for gray
Reef Fish Fishery of the Gulf of ACTs. The 2018 commercial quota (i.e., triggerfish constitutes good cause to
Mexico; 2018 Commercial the commercial ACT) for Gulf gray waive the requirements to provide prior
Accountability Measure and Closure triggerfish specified in 50 CFR notice and opportunity for public
for Gulf of Mexico Gray Triggerfish 622.39(a)(1)(vi) is 60,900 lb (27,624 kg). comment on this temporary rule
As specified by 50 CFR 622.41(b)(1), pursuant to the authority set forth in 5
AGENCY: National Marine Fisheries NMFS is required to close the U.S.C. 553(b)(B), because such
Service (NMFS), National Oceanic and commercial sector for gray triggerfish procedures are unnecessary and
Atmospheric Administration (NOAA), when the commercial quota is reached, contrary to the public interest. Such
Commerce. or is projected to be reached, by filing procedures are unnecessary because
ACTION: Temporary rule; closure. a notification to that effect with the Amendment 37 to the FMP (78 FR
Office of the Federal Register. NMFS has 27084; May 9, 2013), which established
SUMMARY: NMFS implements determined the 2018 commercial quota
accountability measures (AMs) for the the closure provisions, was subject to
for Gulf gray triggerfish will be reached
gray triggerfish commercial sector in the notice and comment, and all that
by October 7, 2018. Accordingly, this
exclusive economic zone (EEZ) of the remains is to notify the public of the
temporary rule closes the commercial
Gulf of Mexico (Gulf) through this sector for Gulf gray triggerfish effective closure. Such procedures are contrary to
temporary rule. NMFS projects that at 12:01 a.m., local time, October 7, the public interest because of the need
2018 commercial landings for gray 2018, and it will remain closed until the to immediately implement this action to
triggerfish will reach the commercial start of the next commercial fishing protect gray triggerfish since the
annual catch target (ACT) (commercial season on January 1, 2019. capacity of the fishing fleet allows for
quota) by October 7, 2018. Therefore, During the commercial closure, the rapid harvest of the commercial quota.
NMFS is closing the commercial sector operator of a vessel with a valid Prior notice and opportunity for public
for Gulf gray triggerfish on October 7, commercial vessel permit for Gulf reef comment would require time and could
2018, and it will remain closed through fish having gray triggerfish onboard potentially result in a harvest well in
the end of the fishing year on December must have landed and bartered, traded, excess of the established commercial
31, 2018. This closure is necessary to or sold such gray triggerfish prior to quota.
protect the Gulf gray triggerfish 12:01 a.m., local time, October 7, 2018.
For the aforementioned reasons, the
resource. During the closure, the sale or purchase
AA also finds good cause to waive the
DATES: This temporary rule is effective of gray triggerfish taken from the Gulf
EEZ is prohibited. The prohibition on 30-day delay in the effectiveness of this
at 12:01 a.m., local time, on October 7, action under 5 U.S.C. 553(d)(3).
2018, until 12:01 a.m., local time, on the sale or purchase does not apply to
January 1, 2019. gray triggerfish that were harvested, Authority: 16 U.S.C. 1801 et seq.
landed ashore, and sold prior to 12:01
FOR FURTHER INFORMATION CONTACT: Margo B. Schulze-Haugen,
a.m., local time, October 7, 2018, and
Lauren Waters, NMFS Southeast were held in cold storage by a dealer or Acting Director, Office of Sustainable
khammond on DSK30JT082PROD with RULES
Regional Office, telephone: 727–824– processor. Fisheries, National Marine Fisheries Service.
5305, email: lauren.waters@noaa.gov. [FR Doc. 2018–22142 Filed 10–5–18; 4:15 pm]
SUPPLEMENTARY INFORMATION: NMFS Classification
BILLING CODE 3510–22–P
manages the Gulf reef fish fishery, The Regional Administrator for the
which includes gray triggerfish, under NMFS Southeast Region has determined
the Fishery Management Plan for the this temporary rule is necessary for the
Reef Fish Resources of the Gulf of conservation and management of Gulf
VerDate Sep<11>2014 19:54 Oct 10, 2018 Jkt 247001 PO 00000 Frm 00090 Fmt 4700 Sfmt 9990 E:\FR\FM\11OCR1.SGM 11OCR1](https://thefederalregister.org/doc/83_FR_51587/page/1.svg)
Document Created: 2018-10-11 15:37:22
Document Modified: 2018-10-11 15:37:22
| 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 temporary rule is effective at 12:01 a.m., local time, on October 7, 2018, until 12:01 a.m., local time, on January 1, 2019. | |
| Contact | Lauren Waters, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 83 FR 51390 | |
| RIN Number | 0648-XG52 |
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