[Federal Register Volume 78, Number 208 (Monday, October 28, 2013)]
[Rules and Regulations]
[Pages 64181-64182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25297]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 100812345-2142-03]
RIN 0648-XC900
Snapper-Grouper Fishery of the South Atlantic; Reopening of the
Commercial Harvest of Gray Triggerfish in the South Atlantic
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; reopening.
-----------------------------------------------------------------------
SUMMARY: NMFS reopens the 2013 commercial sector for gray triggerfish
in the South Atlantic exclusive economic zone (EEZ). NMFS previously
determined the commercial annual catch limit (ACL) for gray triggerfish
had been reached, and closed the commercial sector for gray triggerfish
at 12:01 a.m., local time, on July 7, 2013. However, updated landings
estimates indicate the commercial ACL for gray triggerfish has not been
reached at this time. Therefore, NMFS is reopening the commercial
sector for gray triggerfish in the South Atlantic EEZ at 12:01 a.m.,
local time, on October 28, 2013, and it will close at 12:01 a.m., local
time, on November 14, 2013. The intended effect of this temporary rule
is to maximize harvest benefits for the commercial sector for gray
triggerfish.
DATES: This temporary rule is effective 12:01 a.m., local time, October
28, 2013, until 12:01 a.m., local time, November 14, 2013.
FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, telephone: 727-824-
5305, or email: [email protected].
SUPPLEMENTARY INFORMATION: NMFS and the South Atlantic Fishery
Management Council (Council) manage South Atlantic snapper-grouper
including gray triggerfish under the Fishery Management Plan for the
Snapper-Grouper Fishery of the South Atlantic Region (FMP). The Council
prepared the FMP and NMFS implements the FMP through regulations at 50
CFR part 622 under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act).
Background
NMFS determined that the commercial ACL for gray triggerfish was
reached and published a temporary rule on July 1, 2013 (78 FR 39188),
to close gray triggerfish on July 7, 2013. However, since that closure,
the Science and Research Director (SRD) has received additional
landings data and has determined that the ACL was not harvested prior
to July 7, 2013. Therefore, in accordance with 50 CFR 622.8(c), NMFS is
reopening the commercial sector for gray triggerfish in the South
Atlantic EEZ beginning at 12:01 a.m., on October 28, 2013, and closing
at 12:01 a.m., on November 14, 2013.
After the commercial sector closes, 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
[[Page 64182]]
to 12:01 a.m., local time, November 14, 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 and sale and purchase 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). The commercial sector for gray triggerfish will
reopen on January 1, 2014, the beginning of the 2014 commercial fishing
season.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
South Atlantic gray triggerfish and is consistent with the Magnuson-
Stevens Act and other applicable laws.
This action is taken under 50 CFR 622.8(c) 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 available scientific information,
and pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive the
requirements to provide prior notice and the opportunity for public
comment on this temporary rule. Such procedures are unnecessary and
contrary to the public interest because NMFS previously determined the
commercial ACL for gray triggerfish would be reached by July 7, 2013,
and therefore, closed the commercial sector for gray triggerfish in the
South Atlantic at 12:01 a.m., local time, on July 7, 2013. However,
updated landings estimates indicate the commercial ACL for gray
triggerfish has not been reached at this time, and therefore additional
harvest is available in order to achieve optimum yield. All that
remains is to notify the public that additional harvest is available
under the established ACL and, therefore, the commercial sector for
gray triggerfish will reopen.
Additionally, reopening the commercial sector for gray triggerfish
will likely result in revenue increases to commercial vessels.
Fishermen will be able to keep the gray triggerfish that they are
currently required to discard. Delaying the implementation of this
rulemaking to provide prior notice and the opportunity for public
comment would reduce the likelihood of reopening the commercial sector
for gray triggerfish in the 2013 fishing year.
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 23, 2013.
Kelly Denit,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-25297 Filed 10-23-13; 11:15 am]
BILLING CODE 3510-22-P