[Federal Register Volume 78, Number 126 (Monday, July 1, 2013)]
[Rules and Regulations]
[Pages 39188-39189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15698]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 100812345-2142-03]
RIN 0648-XC728
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2013 Commercial Accountability Measure and Closure for South Atlantic
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 commercial
gray triggerfish in the exclusive economic zone (EEZ) of the South
Atlantic. Commercial landings for gray triggerfish, as estimated by the
Science and Research Director (SRD), are projected to reach the
commercial annual catch limit (ACL) on July 7, 2013. Therefore, NMFS
closes the commercial sector for gray triggerfish in the South Atlantic
EEZ on July 7, 2013, and it will remain closed until the start of the
next fishing season, January 1, 2014. This closure is necessary to
protect the gray triggerfish resource.
DATES: This rule is effective 12:01 a.m., local time, July 7, 2013,
until 12:01 a.m., local time, January 1, 2014.
FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, 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 under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act by regulations
at 50 CFR part 622.
The commercial ACL for gray triggerfish in the South Atlantic is
305,262 lb (138,465 kg), round weight, for the current fishing year,
January 1 through December 31, 2013, as specified in 50 CFR
622.193(q)(1)(i).
Under 50 CFR 622.193(q)(1), NMFS is required to close the
commercial sector for gray triggerfish when the commercial ACL 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 ACL for South Atlantic gray triggerfish
will have been reached by July 7, 2013. Accordingly, the commercial
sector for South Atlantic gray triggerfish is closed effective 12:01
a.m., local time, July 7, 2013, until 12:01 a.m., local time, January
1, 2014.
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, July 7, 2013. During the closure, the bag
limit specified in 50 CFR 622.187(b)(8), applies to all harvest or
possession of gray triggerfish in or from the South Atlantic EEZ.
During the closure, 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. During the closure, the sale or
purchase of gray triggerfish taken from the EEZ is prohibited. The
prohibition on sale or purchase does not apply to the sale or purchase
of gray triggerfish that were harvested, landed ashore, and sold prior
to 12:01 a.m., local time, July 7, 2013, and were held in cold storage
by a dealer or processor.
For a person on board 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 limit provisions of the
commercial closure for gray triggerfish would apply regardless of
whether the fish are harvested in state or Federal waters, as specified
in 50 CFR 622.193(q)(1)(i).
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, the FMP, and other applicable
laws.
This action is taken under 50 CFR 622.193(q)(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
[[Page 39189]]
without opportunity for prior notice and comment.
This action responds to the best available scientific information
recently obtained from the fishery. The Assistant Administrator for
Fisheries, NOAA, (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 would be unnecessary
and contrary to the public interest. Such procedures would be
unnecessary because the rule itself has been subject to notice and
comment, and all that remains is to notify the public of the closure.
Allowing prior notice and opportunity for public comment is
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 ACL. Prior
notice and opportunity for public comment would require time and would
potentially result in a harvest well in excess of the established
commercial ACL.
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: June 26, 2013.
Kelly Denit,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-15698 Filed 6-26-13; 4:15 pm]
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