[Federal Register Volume 78, Number 193 (Friday, October 4, 2013)]
[Rules and Regulations]
[Pages 61827-61828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24361]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 121004518-3398-01]
RIN 0648-XC669
Reef Fish Fishery of the Gulf of Mexico; 2013 Recreational
Accountability Measure and Closure for Gray Triggerfish in the Gulf of
Mexico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
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SUMMARY: NMFS implements an accountability measure (AM) for
recreational gray triggerfish in the Gulf of Mexico (Gulf) reef fish
fishery for the 2013 fishing year through this temporary final rule.
Based on the projected recreational landings, NMFS determined that the
recreational annual catch target (ACT) for Gulf gray triggerfish was
reached in August 2013. Therefore, NMFS closes the recreational sector
for gray triggerfish in the Gulf EEZ at 12:01 a.m., local time, October
15, 2013, until January 1, 2014. This closure is necessary to reduce
overfishing of the Gulf gray triggerfish resource.
DATES: This rule is effective 12:01 a.m., local time on October 15,
2013, until 12:01 a.m., local time on January 1, 2014, unless changed
by subsequent notification in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Rich Malinowski, Southeast Regional
Office, telephone 727-824-5305, email [email protected].
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf, which
includes gray triggerfish, is managed under the Fishery Management Plan
for the Reef Fish Resources of the Gulf of Mexico (FMP). The FMP was
prepared by the Council and is implemented through regulations at 50
CFR part 622 under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act).
On May 9, 2013, the final rule for Amendment 37 to the FMP
implemented the Gulf gray triggerfish recreational annual catch limit
(ACL) of 241,200 lb (109,406 kg), round weight, and the recreational
ACT of 217,100 lb (98,475 kg), round weight (78 FR 27084, May 9, 2013),
as specified in 50 CFR 622.41(b)(2)(iii).
The final rule for Amendment 37 to the FMP implemented an in-season
AM to close the recreational sector when its ACT is reached or
projected to be reached, as specified in 50 CFR 622.41(b)(2)(i).
Based on the 2013 projected recreational landings estimates, the
recreational ACT of 217,100 lb (98,475 kg), round weight, for Gulf gray
triggerfish was reached in August 2013. Therefore, NMFS implements the
in-season AM and the recreational harvest of Gulf gray triggerfish will
close at 12:01 a.m., local time on October 15, 2013, until 12:01 a.m.,
local time on January 1, 2014.
During the closure, the bag and possession limit of gray
triggerfish in or from the Gulf EEZ is zero. This bag and possession
limit applies in the Gulf on board a vessel for which a valid Federal
charter vessel/headboat permit for Gulf reef fish has been issued,
without regard to where such species were harvested, i.e. in state or
Federal waters. The recreational sector for gray triggerfish will
reopen on January 1, 2014, the beginning of the 2014 recreational
fishing season.
Classification
The Regional Administrator, Southeast Region, NMFS, 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.
[[Page 61828]]
This action is taken under 50 CFR 622.41(b)(2) 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.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive the
requirements to provide prior notice and opportunity for public comment
on this temporary rule because such procedures are unnecessary. The AMs
state that NMFS will file a notification with the Office of the Federal
Register to close the recreational sector for Gulf gray triggerfish for
the remainder of the fishing year if recreational landings reach or are
projected to reach the recreational ACT specified in 50 CFR
622.41(b)(2)(iii). All that remains is to notify the public of the
reduced recreational fishing season for gray triggerfish for the
remainder of the fishing year.
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 the gray triggerfish resource. Any
delay in the closure of the recreational sector could result in the
recreational ACL for gray triggerfish being exceeded, which, in turn,
would trigger an additional AM for gray triggerfish. The AM states that
if recreational landings exceed the ACL, and gray triggerfish is
overfished, NMFS will file a notification with the Office of the
Federal Register, at or near the beginning of the following fishing
year, to reduce the ACL and the ACT for that following fishing year by
the amount of the ACL overage in the prior fishing year. Reducing the
ACL and ACT the following fishing season could be disruptive to
business plans and would provide less flexibility to fishermen for when
they could harvest the ACL.
For the aforementioned reasons, the Assistant Administrator, NMFS,
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 1, 2013.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, performing the
functions and duties of the Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. 2013-24361 Filed 10-3-13; 8:45 am]
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