83_FR_55507 83 FR 55293 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2018 Commercial Accountability Measure and Closure for South Atlantic Gray Triggerfish; July Through December Season

83 FR 55293 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2018 Commercial Accountability Measure and Closure for South Atlantic Gray Triggerfish; July Through December Season

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 214 (November 5, 2018)

Page Range55293-55293
FR Document2018-24180

NMFS implements accountability measures for commercial gray triggerfish in the exclusive economic zone (EEZ) of the South Atlantic. NMFS indicates that commercial landings for gray triggerfish are projected to reach the commercial annual catch limit (ACL)(commercial quota) for the period of July through December and commercial harvest should close to prevent the quota from being exceeded. Therefore, NMFS is closing the commercial sector for gray triggerfish in the South Atlantic EEZ on November 6, 2018. This closure is necessary to protect the gray triggerfish resource.

Federal Register, Volume 83 Issue 214 (Monday, November 5, 2018)
[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)]
[Rules and Regulations]
[Page 55293]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24180]



[[Page 55293]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 141107936-5399-02]
RIN 0648-XG592


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2018 Commercial Accountability Measure and Closure for South Atlantic 
Gray Triggerfish; July Through December Season

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 for commercial gray 
triggerfish in the exclusive economic zone (EEZ) of the South Atlantic. 
NMFS indicates that commercial landings for gray triggerfish are 
projected to reach the commercial annual catch limit (ACL)(commercial 
quota) for the period of July through December and commercial harvest 
should close to prevent the quota from being exceeded. Therefore, NMFS 
is closing the commercial sector for gray triggerfish in the South 
Atlantic EEZ on November 6, 2018. This closure is necessary to protect 
the gray triggerfish resource.

DATES: This rule is effective 12:01 a.m., local time, November 6, 2018, 
until January 1, 2019.

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 final rule implementing Amendment 29 to the FMP divided the 
commercial ACL (commercial quota) for gray triggerfish in the South 
Atlantic into two 6-month commercial fishing seasons and allocated 50 
percent of the total commercial quota of 312,324 lb (141,668 kg), round 
weight, to each fishing season, January 1 through June 30, and July 1 
through December 31 (80 FR 30947; June 1, 2015), as specified in 50 CFR 
622.190(a)(8). As a result, the commercial quota is divided into two 
equal seasonal quotas of 156,162 lb (70,834 kg), round weight.
    Under 50 CFR 622.193(q)(1)(i), NMFS is required to close the 
commercial sector for gray triggerfish when the commercial quota 
specified in Sec.  622.190(a)(8)(i) or (ii) 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 the July through December 2018 season for South Atlantic gray 
triggerfish will be reached and commercial harvest should close to 
prevent the quota from being exceeded. Accordingly, the commercial 
sector for South Atlantic gray triggerfish is closed effective 12:01 
a.m., local time, November 6, 2018, until the start of the next 
commercial fishing season on January 1, 2019.
    The operator of a vessel with a valid commercial vessel permit for 
South Atlantic snapper-grouper having gray triggerfish onboard must 
have landed and bartered, traded, or sold such gray triggerfish prior 
to 12:01 a.m., local time, November 6, 2018. During the closure, the 
bag limit specified in 50 CFR 622.187(b)(8), and the possession limits 
specified in 50 CFR 622.187(c), apply to all harvest or possession of 
gray triggerfish in or from the South Atlantic EEZ. Also, during the 
closure, the sale or purchase of gray triggerfish taken from the South 
Atlantic 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 6, 2018, and were 
held in cold storage by a dealer or processor.
    For a person onboard a vessel for which a Federal commercial or 
charter vessel/headboat permit for the South Atlantic snapper-grouper 
fishery has been issued, the bag and possession limits and sale and 
purchase prohibitions applicable after the commercial quota closure for 
gray triggerfish apply regardless of whether the fish are harvested in 
state or Federal waters, as specified in 50 CFR 622.190(c)(1).

Classification

    The Regional Administrator, Southeast Region, NMFS, 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 622.193(q)(1)(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 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 rules implementing the split 
commercial seasons and quotas for gray triggerfish, and the 
accountability measures 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.
    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: October 31, 2018.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-24180 Filed 11-1-18; 4:15 pm]
 BILLING CODE 3510-22-P



                      Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Rules and Regulations                                              55293

     DEPARTMENT OF COMMERCE                                  gray triggerfish in the South Atlantic                waters, as specified in 50 CFR
                                                             into two 6-month commercial fishing                   622.190(c)(1).
     National Oceanic and Atmospheric                        seasons and allocated 50 percent of the
     Administration                                                                                                Classification
                                                             total commercial quota of 312,324 lb
                                                             (141,668 kg), round weight, to each                      The Regional Administrator,
     50 CFR Part 622                                         fishing season, January 1 through June                Southeast Region, NMFS, has
     [Docket No. 141107936–5399–02]
                                                             30, and July 1 through December 31 (80                determined this temporary rule is
                                                             FR 30947; June 1, 2015), as specified in              necessary for the conservation and
     RIN 0648–XG592                                          50 CFR 622.190(a)(8). As a result, the                management of gray triggerfish and the
                                                             commercial quota is divided into two                  South Atlantic snapper-grouper fishery
     Fisheries of the Caribbean, Gulf of                     equal seasonal quotas of 156,162 lb
     Mexico, and South Atlantic; 2018                                                                              and is consistent with the Magnuson-
                                                             (70,834 kg), round weight.                            Stevens Act and other applicable laws.
     Commercial Accountability Measure                          Under 50 CFR 622.193(q)(1)(i), NMFS
     and Closure for South Atlantic Gray                     is required to close the commercial                      This action is taken under 50 CFR
     Triggerfish; July Through December                      sector for gray triggerfish when the                  622.193(q)(1)(i) and is exempt from
     Season                                                  commercial quota specified in                         review under Executive Order 12866.
     AGENCY:  National Marine Fisheries                      § 622.190(a)(8)(i) or (ii) is reached, or is             These measures are exempt from the
     Service (NMFS), National Oceanic and                    projected to be reached, by filing a                  procedures of the Regulatory Flexibility
     Atmospheric Administration (NOAA),                      notification to that effect with the Office           Act because the temporary rule is issued
     Commerce.                                               of the Federal Register. NMFS has                     without opportunity for prior notice and
                                                             determined that the commercial quota                  comment.
     ACTION: Temporary rule; closure.
                                                             for the July through December 2018                       This action responds to the best
     SUMMARY:   NMFS implements                              season for South Atlantic gray                        scientific information available. The
     accountability measures for commercial                  triggerfish will be reached and                       NOAA Assistant Administrator for
     gray triggerfish in the exclusive                       commercial harvest should close to                    Fisheries (AA), finds that the need to
     economic zone (EEZ) of the South                        prevent the quota from being exceeded.                immediately implement this action to
     Atlantic. NMFS indicates that                           Accordingly, the commercial sector for                close the commercial sector for gray
     commercial landings for gray triggerfish                South Atlantic gray triggerfish is closed             triggerfish constitutes good cause to
     are projected to reach the commercial                   effective 12:01 a.m., local time,                     waive the requirements to provide prior
     annual catch limit (ACL)(commercial                     November 6, 2018, until the start of the              notice and opportunity for public
     quota) for the period of July through                   next commercial fishing season on                     comment pursuant to the authority set
     December and commercial harvest                         January 1, 2019.
                                                                                                                   forth in 5 U.S.C. 553(b)(B), as such
     should close to prevent the quota from                     The operator of a vessel with a valid
                                                                                                                   procedures are unnecessary and
     being exceeded. Therefore, NMFS is                      commercial vessel permit for South
                                                             Atlantic snapper-grouper having gray                  contrary to the public interest. Such
     closing the commercial sector for gray                                                                        procedures are unnecessary because the
     triggerfish in the South Atlantic EEZ on                triggerfish onboard must have landed
                                                             and bartered, traded, or sold such gray               rules implementing the split
     November 6, 2018. This closure is                                                                             commercial seasons and quotas for gray
     necessary to protect the gray triggerfish               triggerfish prior to 12:01 a.m., local
                                                             time, November 6, 2018. During the                    triggerfish, and the accountability
     resource.                                                                                                     measures have already been subject to
                                                             closure, the bag limit specified in 50
     DATES: This rule is effective 12:01 a.m.,                                                                     notice and comment, and all that
                                                             CFR 622.187(b)(8), and the possession
     local time, November 6, 2018, until                     limits specified in 50 CFR 622.187(c),                remains is to notify the public of the
     January 1, 2019.                                        apply to all harvest or possession of gray            closure. Such procedures are contrary to
     FOR FURTHER INFORMATION CONTACT:                        triggerfish in or from the South Atlantic             the public interest because of the need
     Mary Vara, NMFS Southeast Regional                      EEZ. Also, during the closure, the sale               to immediately implement this action to
     Office, telephone: 727–824–5305, email:                 or purchase of gray triggerfish taken                 protect gray triggerfish since the
     mary.vara@noaa.gov.                                     from the South Atlantic EEZ is                        capacity of the fishing fleet allows for
     SUPPLEMENTARY INFORMATION: The                          prohibited. The prohibition on the sale               rapid harvest of the commercial quota.
     snapper-grouper fishery of the South                    or purchase does not apply to gray                    Prior notice and opportunity for public
     Atlantic includes gray triggerfish and is               triggerfish that were harvested, landed               comment would require time and could
     managed under the Fishery                               ashore, and sold prior to 12:01 a.m.,                 potentially result in a harvest well in
     Management Plan for the Snapper-                        local time, November 6, 2018, and were                excess of the established commercial.
     Grouper Fishery of the South Atlantic                   held in cold storage by a dealer or                      For the aforementioned reasons, the
     Region (FMP). The FMP was prepared                      processor.                                            AA also finds good cause to waive the
     by the South Atlantic Fishery                              For a person onboard a vessel for                  30-day delay in the effectiveness of this
     Management Council and is                               which a Federal commercial or charter                 action under 5 U.S.C. 553(d)(3).
     implemented by NMFS under the                           vessel/headboat permit for the South                    Authority: 16 U.S.C. 1801 et seq.
     authority of the Magnuson-Stevens                       Atlantic snapper-grouper fishery has
     Fishery Conservation and Management                     been issued, the bag and possession                     Dated: October 31, 2018.
     Act (Magnuson-Stevens Act) by                           limits and sale and purchase                          Karen H. Abrams,
     regulations at 50 CFR part 622.                         prohibitions applicable after the                     Acting Director, Office of Sustainable
        The final rule implementing                          commercial quota closure for gray                     Fisheries, National Marine Fisheries Service.
     Amendment 29 to the FMP divided the                     triggerfish apply regardless of whether               [FR Doc. 2018–24180 Filed 11–1–18; 4:15 pm]
     commercial ACL (commercial quota) for                   the fish are harvested in state or Federal            BILLING CODE 3510–22–P




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Document Created: 2018-11-03 00:28:20
Document Modified: 2018-11-03 00:28:20
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 12:01 a.m., local time, November 6, 2018, until January 1, 2019.
ContactMary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]
FR Citation83 FR 55293 
RIN Number0648-XG59

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