27300 Federal Register / Vol. 83, No. 113 / Tuesday, June 12, 2018 / Rules and Regulations 

shareholders based on shareholdings on 

the date the withheld IFQ allocation is 

distributed. 

* * * * * 

(6) Returning IFQ shares. Any shares 

contained in IFQ accounts that have 

never been activated since January 1, 

2010, in the IFQ program are returned 

permanently to NMFS on July 12, 2018. 

* * * * * 

■ 3. In § 622.22, revise paragraph (a)(4) 

and add paragraph (a)(9) to read as 

follows: 

§ 622.22 Individual fishing quota (IFQ) 

program for Gulf groupers and tilefishes. 

(a) * * * 

(4) IFQ allocation. IFQ allocation is 

the amount of Gulf groupers and 

tilefishes, in pounds gutted weight, an 

IFQ shareholder or allocation holder is 

authorized to possess, land, or sell 

during a given fishing year. IFQ 

allocation is derived at the beginning of 

each year by multiplying a shareholder’s 

IFQ share times the annual commercial 

quota for Gulf groupers and tilefishes. If 

the quota is increased after the 

beginning of the fishing year, then IFQ 

allocation is derived by multiplying a 

shareholder’s IFQ share at the time of 

the quota increase by the amount the 

annual commercial quota for groupers 

and tilefishes is increased. If a reduction 

in the applicable commercial quota 

specified in § 622.39(a)(1) is expected to 

occur after January 1, the beginning of 

the fishing year, but before June 1 in 

that same fishing year, NMFS will 

withhold distribution of IFQ allocation 

of the applicable groupers and tilefishes 

commercial quota on January 1 in the 

amount equal to that reduction. If a final 

rule to implement the commercial quota 

reduction is not published in the 

Federal Register and effective by June 1, 

NMFS will distribute withheld IFQ 

allocation of the applicable groupers 

and tilefishes commercial quota to 

current shareholders based on the date 

the withheld IFQ allocation is 

distributed. 

* * * * * 

(9) Returning IFQ shares. Any shares 

contained in IFQ accounts that have 

never been activated since January 1, 

2010, in the IFQ program are returned 

permanently to NMFS on July 12, 2018. 

* * * * * 

■ 4. In § 622.26, revise paragraph (a) to 

read as follows: 

§ 622.26 Recordkeeping and reporting. 

(a) Commercial vessel owners and 

operators. (1) The owner or operator of 

a vessel for which a commercial permit 

for Gulf reef fish has been issued, as 

required under § 622.20(a)(1), or whose 

vessel fishes for or lands reef fish in or 

from state waters adjoining the Gulf 

EEZ, who is selected to report by the 

SRD must maintain a fishing record on 

a form available from the SRD. These 

completed fishing records must be 

submitted to the SRD postmarked no 

later than 7 days after the end of each 

fishing trip. If no fishing occurred 

during a calendar month, a report so 

stating must be submitted on one of the 

forms postmarked no later than 7 days 

after the end of that month. Information 

to be reported is indicated on the form 

and its accompanying instructions. 

(2) Advance notice of landing—(i) 

General requirement. For the purpose of 

this paragraph (a)(2), landing means to 

arrive at a dock, berth, beach, seawall, 

or ramp. The owner or operator of a 

vessel landing Gulf reef fish not 

managed under an IFQ program or 

Florida Keys/East Florida hogfish 

harvested in the Gulf is responsible for 

ensuring that NMFS is contacted at least 

3 hours, but no more than 24 hours, in 

advance of landing to report the time, 

date, and location of landing, and the 

vessel identification number (e.g., Coast 

Guard registration number or state 

registration number). The vessel must 

land at an approved landing location 

and within 1 hour after the time given 

in the landing notification, except as 

provided in paragraph (a)(2)(iii) of this 

section. A vessel landing Gulf reef fish 

managed under an IFQ program must 

also comply with the requirements in 

§§ 622.21 and 622.22, as applicable. 

(ii) Submitting an advance landing 

notification. Authorized methods for 

contacting NMFS and submitting a 

completed landing notification include 

the VMS unit, or another contact 

method approved by NMFS. 

(iii) Landing prior to the notification 

time. The owner or operator of a vessel 

that has completed a landing 

notification and submitted it to NMFS 

may land prior to the notification time, 

only if an authorized officer is present 

at the landing site, is available to meet 

the vessel, and has authorized the 

owner or operator of the vessel to land 

prior to the notification time. 

(iv) Changes to a landing notification. 

The owner or operator of a vessel who 

has submitted a landing notification to 

NMFS may make changes to the 

notification by submitting a superseding 

notification. If the initial superseding 

notification makes changes to the time 

of landing that is later than the original 

time in the notification, the vessel does 

not need to wait an additional 3 hours 

to land. If the initial superseding 

notification makes changes to the 

landing location, the time of landing is 

earlier than previously specified, or 

more than one superseding notification 

is submitted on a trip, the vessel must 

wait an additional 3 hours to land, 

except as provided in paragraph 

(a)(2)(iii) of this section. 

(v) Approved landing locations. Gulf 

reef fish not managed under an IFQ 

program, and Florida Keys/East Florida 

hogfish harvested in the Gulf, must be 

landed at an approved landing location. 

Landing locations must be approved by 

the NOAA Office of Law Enforcement 

prior to a vessel landing these species at 

these sites. Proposed landing locations 

may be submitted to NMFS; however, 

new landing locations will be approved 

only at the end of each calendar-year 

quarter. To have a landing location 

approved by the end of the calendaryear quarter, it must be submitted at 

least 45 days before the end of the 

calendar-year quarter. NMFS will 

evaluate the proposed sites based on, 

but not limited to, the criteria at 

§§ 622.21(b)(5)(v) and 622.22(b)(5)(v). 

* * * * * 

[FR Doc. 2018–12548 Filed 6–11–18; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 141107936–5399–02] 

RIN 0648–XG286 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; 2018 

Commercial Accountability Measure 

and Closure for South Atlantic Gray 

Triggerfish; January Through June 

Season 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements 

accountability measures for commercial 

gray triggerfish in the exclusive 

economic zone (EEZ) of the South 

Atlantic. NMFS projects commercial 

landings for gray triggerfish will reach 

the commercial annual catch limit 

(ACL) for the January through June 

period by June 13, 2018. Therefore, 

NMFS is closing the commercial sector 

for gray triggerfish in the South Atlantic 

EEZ on June 13, 2018. This closure is 

necessary to protect the gray triggerfish 

resource. 


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Federal Register / Vol. 83, No. 113 / Tuesday, June 12, 2018 / Rules and Regulations 27301 

DATES: This rule is effective 12:01 a.m., 

local time, June 13, 2018, until July 1, 

2018. 

FOR FURTHER INFORMATION CONTACT: 

Mary Vara, NMFS Southeast Regional 

Office, telephone: 727–824–5305, email: 

mary.vara@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic includes gray triggerfish and is 

managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The FMP was prepared 

by the South Atlantic Fishery 

Management Council and is 

implemented by NMFS under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) by 

regulations at 50 CFR part 622. 

The commercial ACL (equal to the 

commercial quota) for gray triggerfish in 

the South Atlantic is divided into two 

6-month fishing seasons and allocates 

50 percent, 156,162 lb (70,834 kg), 

round weight, of the total commercial 

ACL of 312,324 lb (141,668 kg), round 

weight, to each fishing season, January 

through June, and July through 

December, as specified in 50 CFR 

622.190(a)(8)(i) and (ii). 

Under 50 CFR 622.193(q)(1)(i), NMFS 

is required to close the commercial 

sector for gray triggerfish when either 

commercial quota specified in 

§ 622.190(a)(8)(i) or (ii) 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 that the commercial quota 

for South Atlantic gray triggerfish for 

the January through June fishing season 

will be reached by June 13, 2018. 

Accordingly, the commercial sector for 

South Atlantic gray triggerfish is closed 

effective at 12:01 a.m., local time, June 

13, 2018, until the start of the July 

through December fishing season on 

July 1, 2018. 

The operator of a vessel with a valid 

Federal commercial vessel permit for 

South Atlantic snapper-grouper having 

gray triggerfish on board must have 

landed and bartered, traded, or sold 

such gray triggerfish prior to 12:01 a.m., 

local time, June 13, 2018. During the 

closure, the bag limit specified in 50 

CFR 622.187(b)(8), and 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. Also, during the closure, the sale 

or purchase of gray triggerfish taken 

from the South Atlantic EEZ is 

prohibited. The prohibition on the sale 

or purchase does not apply to gray 

triggerfish that were harvested, landed 

ashore, and sold prior to 12:01 a.m., 

local time, June 13, 2018, and were held 

in cold storage by a dealer or processor. 

For a person on board a vessel for 

which a valid Federal commercial or 

charter vessel/headboat permit for the 

South Atlantic snapper-grouper fishery 

has been issued, the bag and possession 

limits and sale and purchase provisions 

of the commercial closure for gray 

triggerfish apply regardless of whether 

the fish are harvested in state or Federal 

waters, as specified in 50 CFR 

622.190(c)(1)(ii). 

Classification 

The Regional Administrator, NMFS 

Southeast Region, has determined this 

temporary rule is necessary for the 

conservation and management of gray 

triggerfish and the South Atlantic 

snapper-grouper fishery and is 

consistent with the Magnuson-Stevens 

Act and other applicable laws. 

This action is taken under 50 CFR 

622.193(q)(1)(i) 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 

close the commercial 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 

rule that established the split 

commercial season for gray triggerfish 

and the rule that established the closure 

provisions have already been 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 since the 

capacity of the fishing fleet allows for 

rapid harvest of the commercial quota. 

Prior notice and opportunity for public 

comment would require time and would 

potentially result in a harvest well in 

excess of the established commercial 

quota. 

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: June 7, 2018. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2018–12590 Filed 6–8–18; 8:45 am] 

BILLING CODE 3510–22–P 


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