Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Re-Opening of Recreational Sector for Gulf of Mexico Gray Triggerfish, 54513-54514 [2020-19324]

Download as PDF 54513 Federal Register / Vol. 85, No. 171 / Wednesday, September 2, 2020 / Rules and Regulations TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY—Continued Reg EPA approval date Title/subject * * * District effective date Federal Register notice * * * Explanation * Reg 7—Standards of Performance for New Affected Facilities * 7.59 ................ * * Standards of Performance for New Miscellaneous Metal Parts and Products Surface Coating Operations. * * * * * * * * BILLING CODE P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 121004518–3398–01; RTID 0648–XA446] Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; ReOpening of Recreational Sector for Gulf of Mexico Gray Triggerfish National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; re-opening. AGENCY: NMFS announces the reopening of the recreational sector for gray triggerfish in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) through this temporary rule. The most recent recreational landings of gray triggerfish indicate that the recreational annual catch target (ACT) for 2020 fishing year has not yet been reached. Therefore, NMFS reopens the recreational sector for gray triggerfish in the Gulf EEZ on September 1, 2020, through October 25, 2020, or until the recreational ACT is reached or projected to be reached, whichever happens first, to allow the recreational ACT to be caught. DATES: This rule is effective 12:01 a.m., local time, September 1, 2020, until 12:01 a.m., local time, October 26, 2020. FOR FURTHER INFORMATION CONTACT: Kelli O’Donnell, NMFS Southeast Regional Office, telephone: 727–824– 5305, email: kelli.odonnell@noaa.gov. jbell on DSKJLSW7X2PROD with RULES SUMMARY: 16:51 Sep 01, 2020 * [Insert citation of publication] ............ * * 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 FMP was prepared by the Gulf of Mexico Fishery Management Council (Council) and is implemented by NMFS under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) through regulations at 50 CFR part 622. All gray triggerfish weights discussed in this temporary rule are in round weight. The recreational annual catch limit (ACL) for Gulf gray triggerfish is 241,200 lb (109,406 kg), and the recreational ACT is 217,100 lb (98,475 kg) (50 CFR 622.41(b)(2)(iii)). As specified in 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 previously projected that the recreational ACT for the Gulf gray triggerfish for the 2020 fishing year would be reached by May 2, 2020. Accordingly, NMFS published a temporary rule in the Federal Register to implement the accountability measure (AM) to close the recreational sector for gray triggerfish in the Gulf EEZ effective from May 2, 2020, until the start of the 2021 fishing year on January 1, 2021 (85 FR 10624, February 25, 2020). However, the most recent landings data for gray triggerfish now indicate the recreational ACT has not been reached. Consequently, and in accordance with 50 CFR 622.8(c), NMFS temporarily reopens the recreational sector for gray triggerfish on September 1, 2020. The recreational sector will remain open through October 25, 2020, or until the recreational ACT is reached or projected SUPPLEMENTARY INFORMATION: [FR Doc. 2020–17229 Filed 9–1–20; 8:45 am] VerDate Sep<11>2014 * 9/2/20 Jkt 250001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 * * 6/19/19 * * to be reached, whichever happens first. Re-opening the recreational sector allows participants in that sector an additional opportunity to harvest gray triggerfish while minimizing the risk of exceeding the recreational ACT. Once the recreational sector closes again on October 26, 2020, or sooner if the recreational ACT is reached or projected to be reached, 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 any vessel issued a valid Federal charter vessel/headboat permit for Gulf reef fish. Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required under 50 CFR 622.8(c) which was issued pursuant to section 304(b) of the Magnuson-Stevens Act, 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 NOAA Fisheries (AA), finds that the need to immediately implement this action to temporarily re-open the recreational 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 are unnecessary and contrary to the public interest. Such procedures are unnecessary because the regulations at 50 CFR 622.8(c) and the rule implementing the recreational ACT and AMs have already been subject to notice and comment, and all that E:\FR\FM\02SER1.SGM 02SER1 54514 Federal Register / Vol. 85, No. 171 / Wednesday, September 2, 2020 / Rules and Regulations remains is to notify the public of the reopening. Such procedures are contrary to the public interest because of the need to immediately implement this action to allow recreational fishers to harvest the remainder of the recreational ACT beginning on September 1, 2020. Prior notice and opportunity for public comment would require time and would delay the re-opening of the recreational sector. Opening the recreational sector by September 1 provides an opportunity for recreational fishers to make trips during the early fall when the weather is generally more favorable. A delay of reopening until October increases the likelihood of inclement weather and the chance that recreational trips will not be possible. 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 27, 2020. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2020–19324 Filed 8–28–20; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 200730–0202] RTID 0648–XA341 Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fishery; 2020 Illex Squid Quota Harvested National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reduction of possession limit. AGENCY: Federal Illex squid vessel permit holders are prohibited from fishing for, catching, possessing, transferring or landing more than 10,000 jbell on DSKJLSW7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:51 Sep 01, 2020 Jkt 250001 lb (4,535 kg) of Illex squid per trip, and from landing Illex squid more than once per calendar day. This prohibition is required when NMFS projects that 95 percent of the 2020 annual catch limit will have been caught by the effective date. This action is intended to prevent over-harvest of Illex squid for the fishing year. DATES: Effective 0001 hr local time, August 31, 2020, through December 31, 2020. FOR FURTHER INFORMATION CONTACT: Alyson Pitts, Fishery Management Specialist, (978) 281–9352. SUPPLEMENTARY INFORMATION: Regulations for the Illex squid fishery are at 50 CFR part 648. The regulations at § 648.24(a)(2) require that when the Regional Administrator projects that Illex squid catch will reach 95 percent of the domestic annual harvest (DAH) quota, NMFS must prohibit Federal Illex squid vessel permit holders from directed fishing. Vessels may not catch, possess, transfer, or land more than 10,000 lb (4,535 kg) of Illex squid per trip, or land Illex squid more than once per calendar day. The Regional Administrator monitors the Illex squid fishery catch based on dealer reports, state data, and other available information. When 95 percent of the DAH has been reached, NMFS must provide at least 72 hours of notice to the public that it made this determination. NMFS must also publish the date that the catch is projected to reach 95 percent of the quota, and the date when prohibitions on catch and landings for the remainder of the fishing year become effective. The Regional Administrator has determined, based on dealer reports and other available information, that the Illex squid fleet will catch 95 percent of the total Illex squid DAH quota for the 2020 season through December 31, 2020, by August 31, 2020. Therefore, effective 0001 August 31, 2020, federally permitted vessels may not fish for, catch, possess, transfer, or land more than 10,000 lb (4,535 kg) of Illex squid, and may not land Illex squid more than once per calendar day. Vessels that have entered port before 0001 hr on August 31, 2020, may offload PO 00000 Frm 00034 Fmt 4700 Sfmt 9990 and sell more than 10,000 lb (4,535 kg) of Illex squid from that trip. Also, federally permitted dealers may not receive Illex squid from federally permitted Illex squid vessels that harvest more than 10,000 lb (4,535 kg) of Illex squid through 2400 hr, December 31, 2020, unless it is from a trip landed by a vessel that entered port before 0001 hr on August 31, 2020. Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR part 648, which was issued pursuant to section 304(b), and is exempt from review under Executive Order 12866. NMFS finds good cause pursuant to 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3) to waive prior notice and the opportunity for public comment and the delayed effectiveness because it would be contrary to the public interest and impracticable. Data and other information indicating the Illex squid fleet will have landed at least 95 percent of the 2019 DAH quota have only recently become available. Landings data are updated on a weekly basis, and NMFS monitors catch data on a daily basis as catch increases toward the limit. Further, high-volume catch and landings in this fishery increases total catch relative to the quota quickly. The regulations at § 648.24(a)(2) require such action to ensure that Illex squid vessels do not exceed the 2020 DAH quota. If implementation of this action is delayed, the quota for the 2020 fishing year may be exceeded, thereby undermining the conservation objectives of the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan. Also, the public had prior notice and full opportunity to comment on this process when the provisions regarding closures and the 2020 quota levels were put in place. Authority: 16 U.S.C. 1801 et seq. Dated: August 28, 2020. Kelly Denit, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2020–19372 Filed 8–28–20; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\02SER1.SGM 02SER1

Agencies

[Federal Register Volume 85, Number 171 (Wednesday, September 2, 2020)]
[Rules and Regulations]
[Pages 54513-54514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19324]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 121004518-3398-01; RTID 0648-XA446]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Re-Opening of Recreational Sector for Gulf of Mexico Gray Triggerfish

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; re-opening.

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SUMMARY: NMFS announces the re-opening of the recreational sector for 
gray triggerfish in the exclusive economic zone (EEZ) of the Gulf of 
Mexico (Gulf) through this temporary rule. The most recent recreational 
landings of gray triggerfish indicate that the recreational annual 
catch target (ACT) for 2020 fishing year has not yet been reached. 
Therefore, NMFS re-opens the recreational sector for gray triggerfish 
in the Gulf EEZ on September 1, 2020, through October 25, 2020, or 
until the recreational ACT is reached or projected to be reached, 
whichever happens first, to allow the recreational ACT to be caught.

DATES: This rule is effective 12:01 a.m., local time, September 1, 
2020, until 12:01 a.m., local time, October 26, 2020.

FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, 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 FMP was 
prepared by the Gulf of Mexico Fishery Management Council (Council) and 
is implemented by NMFS under the authority of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act) through 
regulations at 50 CFR part 622. All gray triggerfish weights discussed 
in this temporary rule are in round weight.
    The recreational annual catch limit (ACL) for Gulf gray triggerfish 
is 241,200 lb (109,406 kg), and the recreational ACT is 217,100 lb 
(98,475 kg) (50 CFR 622.41(b)(2)(iii)).
    As specified in 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 previously 
projected that the recreational ACT for the Gulf gray triggerfish for 
the 2020 fishing year would be reached by May 2, 2020. Accordingly, 
NMFS published a temporary rule in the Federal Register to implement 
the accountability measure (AM) to close the recreational sector for 
gray triggerfish in the Gulf EEZ effective from May 2, 2020, until the 
start of the 2021 fishing year on January 1, 2021 (85 FR 10624, 
February 25, 2020).
    However, the most recent landings data for gray triggerfish now 
indicate the recreational ACT has not been reached. Consequently, and 
in accordance with 50 CFR 622.8(c), NMFS temporarily re-opens the 
recreational sector for gray triggerfish on September 1, 2020. The 
recreational sector will remain open through October 25, 2020, or until 
the recreational ACT is reached or projected to be reached, whichever 
happens first. Re-opening the recreational sector allows participants 
in that sector an additional opportunity to harvest gray triggerfish 
while minimizing the risk of exceeding the recreational ACT.
    Once the recreational sector closes again on October 26, 2020, or 
sooner if the recreational ACT is reached or projected to be reached, 
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 any vessel issued a valid Federal 
charter vessel/headboat permit for Gulf reef fish.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required under 50 CFR 622.8(c) which was 
issued pursuant to section 304(b) of the Magnuson-Stevens Act, 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 NOAA Fisheries (AA), finds that the 
need to immediately implement this action to temporarily re-open the 
recreational 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 are unnecessary and contrary to the 
public interest. Such procedures are unnecessary because the 
regulations at 50 CFR 622.8(c) and the rule implementing the 
recreational ACT and AMs have already been subject to notice and 
comment, and all that

[[Page 54514]]

remains is to notify the public of the re-opening. Such procedures are 
contrary to the public interest because of the need to immediately 
implement this action to allow recreational fishers to harvest the 
remainder of the recreational ACT beginning on September 1, 2020. Prior 
notice and opportunity for public comment would require time and would 
delay the re-opening of the recreational sector. Opening the 
recreational sector by September 1 provides an opportunity for 
recreational fishers to make trips during the early fall when the 
weather is generally more favorable. A delay of reopening until October 
increases the likelihood of inclement weather and the chance that 
recreational trips will not be possible.
    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 27, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-19324 Filed 8-28-20; 4:15 pm]
BILLING CODE 3510-22-P
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