[Federal Register Volume 80, Number 18 (Wednesday, January 28, 2015)]
[Rules and Regulations]
[Pages 4517-4518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01580]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 121004518-3398-01]
RIN 0648-XD723
Reef Fish Fishery of the Gulf of Mexico; 2015 Recreational
Accountability Measures for Gray Triggerfish in the Gulf of Mexico;
Reduced Annual Catch Limit and Annual Catch Target and Closure
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 recreational
gray triggerfish in the Gulf of Mexico (Gulf) reef fish fishery for the
2015 fishing year through this temporary rule. Landings data indicate
the 2014 recreational annual catch limit (ACL) was exceeded; thus, NMFS
reduces the 2015 recreational ACL and annual catch target (ACT) for
gray triggerfish and closes the recreational sector for gray
triggerfish in the Gulf exclusive economic zone (EEZ). This action is
necessary to reduce overfishing of the Gulf gray triggerfish resource.
DATES: This rule is effective 12:01 a.m., local time, on February 7,
2015, until 12:01 a.m., local time, on January 1, 2016, unless NMFS
publishes a superseding document in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Rich Malinowski, NMFS 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). All weights
specified in this rule are round weight.
The final rule for Amendment 37 to the FMP (78 FR 27084, May 9,
2013) implemented the Gulf gray triggerfish recreational ACL of 241,200
lb (109,406 kg), and the recreational ACT of 217,100 lb (98,475 kg), as
specified in 50 CFR 622.41(b)(2)(iii).
The final rule for Amendment 37 to the FMP also implemented an in-
season AM to close the recreational sector when the ACT is reached or
projected to be reached, as specified in 50 CFR 622.41(b)(2)(i), and
implemented a post-season AM in the form of an ACL overage adjustment
that would apply if the recreational ACL is exceeded and gray
triggerfish are overfished, as specified in 50 CFR 622.41(b)(2)(ii).
This post-season AM reduces the recreational ACL and ACT for the year
following a recreational ACL overage by the amount of the ACL overage
in the prior fishing year, unless the best scientific information
available determines that a greater, lesser, or no overage adjustment
is necessary.
NMFS determined that the 2014 recreational landings were 212,751 lb
(96,502 kg), which exceeded the 2014 adjusted recreational ACL by
186,993 lb (84,819 kg) and the 2014 adjusted recreational ACT by
211,093 lb (95,796 kg). Therefore, NMFS implements a post-season AM for
recreational gray triggerfish in the Gulf for the 2015 fishing year
through this temporary final rule. Based on the 2014 ACL overage, NMFS
reduces the 2015 recreational ACL from 241,200 lb (109,406 kg) to
54,207 lb (24,588 kg) and the 2015 recreational ACT from 217,100 lb
(98,475 kg), to 30,107 lb (13,656 kg).
Based on the adjusted 2015 recreational ACT of 30,107 lb (13,656
kg) for Gulf gray triggerfish and landings data from 2014, NMFS
implements the in-season AM to close the recreational harvest of Gulf
gray triggerfish at 12:01 a.m., local time, on February 7, 2015, until
12:01 a.m., local time on January 1, 2016, unless NMFS publishes a
superseding document in the Federal Register.
During the closure, the bag and possession limits of gray
triggerfish in or from the Gulf EEZ are zero. These bag and possession
limits apply 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, 2016, the beginning of the 2016 recreational fishing season. The
2016 recreational ACL for gray triggerfish will return to 241,200 lb
(109,406 kg), and the recreational ACT will return to 217,100 lb
(98,475 kg), as specified in 50 CFR 622.41(b)(2)(iii), unless AMs are
implemented due to a recreational ACL overage, or the Council takes
regulatory action to adjust the recreational ACL and ACT.
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.
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.
The Assistant Administrator for Fisheries, NOAA (AA), finds 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), because prior notice and opportunity for public comment on
this temporary rule is unnecessary and contrary to the public interest.
Such procedures are unnecessary because the recreational AMs
established by Amendment 37 to the FMP (78 FR 27084, May 9, 2013) and
located at 50 CFR 622.41(b)(2) have already been subject to notice and
comment, and all that remains is to notify the public of the reduced
ACL and ACT, and recreational closure for gray triggerfish for the
remainder of the 2015 fishing year. They are contrary to the public
interest because there is a need to immediately implement this action
to protect the gray triggerfish resource, since the capacity of the
recreational sector allows for rapid harvest of gray triggerfish. Prior
notice and opportunity for public comment on this action would require
time and would potentially result in the adjusted recreational ACL for
gray triggerfish being exceeded, which, in turn, would reduce the
recreational ACL and ACT for gray triggerfish in 2016.
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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: January 23, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2015-01580 Filed 1-23-15; 4:15 pm]
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