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)

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.

[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]


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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.

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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]
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