[Federal Register Volume 83, Number 158 (Wednesday, August 15, 2018)]
[Rules and Regulations]
[Pages 40458-40459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17586]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 121004518-3398-01]
RIN 0648-XG421
Reef Fish Fishery of the Gulf of Mexico; 2018 Recreational
Accountability Measure and Closure for Gulf of Mexico 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 an accountability measure (AM) for the gray
triggerfish recreational sector in the exclusive economic zone (EEZ) of
the Gulf of Mexico (Gulf) for the 2018 fishing year through this
temporary rule. NMFS has projected that the 2018 recreational annual
catch target (ACT) for Gulf gray triggerfish has been met. Therefore,
NMFS closes the recreational sector for Gulf gray triggerfish on August
17, 2018, and it will remain closed through the end of the fishing year
on December 31, 2018. This closure is necessary to protect the Gulf
gray triggerfish resource.
DATES: This temporary rule is effective at 12:01 a.m., local time, on
August 17, 2018, until 12:01 a.m., local time, on January 1, 2019.
FOR FURTHER INFORMATION CONTACT: Lauren Waters, NMFS Southeast Regional
Office, telephone: 727-824-5305, email: [email protected].
SUPPLEMENTARY INFORMATION: NMFS manages the Gulf reef fish fishery,
which includes gray triggerfish, under the Fishery Management Plan for
the Reef Fish Resources of the Gulf of Mexico (FMP). The Gulf of Mexico
Fishery Management Council (Council) prepared the FMP and NMFS
implements the FMP under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) by regulations
at 50 CFR part 622. All gray triggerfish weights discussed in this
temporary rule are in round weight.
The 2018 recreational annual catch limit (ACL) for Gulf gray
triggerfish specified in 50 CFR 622.41(b)(2)(iii) is 241,200 lb
(109,406 kg) and the recreational ACT is 217,100 lb (98,475 kg).
As specified by 50 CFR 622.41(b)(2)(i), NMFS is required to close
the recreational sector for gray triggerfish when the recreational ACT
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 the 2018 recreational ACT for Gulf gray triggerfish was
reached. Accordingly, this temporary rule closes the recreational
sector for Gulf gray triggerfish effective at 12:01 a.m., local time,
August 17, 2018, and it will remain closed through the end of the
fishing year on December 31, 2018.
During the recreational closure, the bag and possession limits for
gray triggerfish in or from the Gulf EEZ are zero. The prohibition on
possession of Gulf gray triggerfish also applies in Gulf state waters
for a vessel issued a valid Federal charter vessel/headboat permit for
Gulf reef fish.
As specified in 50 CFR 622.34(f), there is a seasonal closure for
Gulf gray triggerfish at the beginning of each fishing year from
January 1 through the end of February; therefore, after the closure
implemented by this temporary rule is effective on August 17, 2018, the
recreational harvest or possession of Gulf gray triggerfish will not
again be permitted until March 1, 2019.
Classification
The Regional Administrator for the NMFS Southeast Region 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)(i) and is exempt
from review under Executive Order 12866.
[[Page 40459]]
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 NOAA Fisheries (AA) finds that the need
to immediately implement this action to close the recreational sector
for gray triggerfish constitutes good cause to waive the requirements
to provide prior notice and opportunity for public comment on this
temporary rule pursuant to the authority set forth in 5 U.S.C.
553(b)(B), because such procedures are unnecessary and contrary to the
public interest. Such procedures are unnecessary because the rule
establishing the closure provisions was 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. Prior
notice and opportunity for public comment would require time and would
potentially allow the recreational sector to exceed the recreational
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: August 10, 2018.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2018-17586 Filed 8-10-18; 4:15 pm]
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