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 VerDate Sep<11>2014 16:30 Nov 02, 2018 Jkt 247001 PO 00000 Frm 00047 Fmt 4700 Sfmt 9990 E:\FR\FM\05NOR1.SGM 05NOR1


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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