Federal Register / Vol. 80, No. 18 / Wednesday, January 28, 2015 / Rules and Regulations 4517 

■ k. Remove Erie, under Pennsylvania, 

Channel 240A. 

■ l. Remove Lead, under South Dakota, 

Channel 232C. 

■ m. Remove Idalou, under Texas, 

Channel 299A. 

■ n. Remove Alberta, under Virginia, 

Channel 299A; and Shawsville, Channel 

273A. 

■ o. Remove Two Rivers, under 

Wisconsin, Channel 255A. 

■ p. Remove Santa Isabel, under Puerto 

Rico, Channel 251A. 

[FR Doc. 2015–01595 Filed 1–27–15; 8:45 am] 

BILLING CODE 6712–01–P 

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. 

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: 

rich.malinowski@noaa.gov. 

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 postseason 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 MagnusonStevens 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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4518 Federal Register / Vol. 80, No. 18 / Wednesday, January 28, 2015 / Rules and Regulations 

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] 

BILLING CODE 3510–22–P 


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