Federal Register / Vol. 86, No. 176 / Wednesday, September 15, 2021 / Rules and Regulations 51277 

DATES: This temporary rule is effective 

from 12:01 a.m., local time, on 

September 15, 2021, until 12:01 a.m., 

local time, on January 1, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Kelli O’Donnell, NMFS Southeast 

Regional Office, telephone: 727–551– 

5719, email: Kelli.ODonnell@noaa.gov. 

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 360,951 

lb (163,725 kg), and the recreational 

ACT is 274,323 lb (124,431 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 has 

determined the 2021 recreational ACT 

for Gulf gray triggerfish will be reached 

by September 10, 2021. However, 

because NMFS is relying on projected 

landings for August and September 

2021 there is some uncertainty in this 

estimate. Therefore, NMFS is providing 

additional notice to fishery participants. 

Accordingly, this temporary rule closes 

the recreational sector for Gulf gray 

triggerfish effective at 12:01 a.m., local 

time, on September 15, 2021, and it will 

remain closed through the end of the 

fishing year on December 31, 2021. 

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 any vessel issued a valid 

Federal charter vessel/headboat permit 

for Gulf reef fish. 

Additionally, 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 becomes effective on 

September 15, 2021, the recreational 

harvest or possession of Gulf gray 

triggerfish will be prohibited until 

March 1, 2022. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

622.41(b)(2)(i), which was issued 

pursuant to section 304(b) of the 

Magnuson-Stevens Act, and is exempt 

from review under Executive Order 

12866. 

Pursuant to 5 U.S.C. 553(b)(B), there 

is good cause to waive prior notice and 

an opportunity for public comment on 

this action, as notice and comment is 

unnecessary and contrary to the public 

interest. Such procedures are 

unnecessary because the regulations 

associated with the closure of the gray 

triggerfish recreational sector at 50 CFR 

622.41(b)(2)(i) have already been subject 

to notice and public comment, and all 

that remains is to notify the public of 

the closure. Prior notice and 

opportunity for public comment are 

contrary to the public interest because 

there is a need to immediately 

implement this action to protect the 

gray triggerfish stock. Prior notice and 

opportunity for public comment would 

require more time and potentially allow 

the recreational sector to exceed the 

recreational ACL. 

For the aforementioned reasons, the 

Assistant Administrator 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: September 9, 2021. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2021–19823 Filed 9–10–21; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 210520–0112; RTID 0648– 

XB409] 

Fisheries of the Northeastern United 

States; Blueline Tilefish Fishery; 

Inseason Adjustment to the Blueline 

Tilefish Commercial Possession Limit 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

adjustment. 

SUMMARY: NMFS announces that the 

commercial per-trip possession limit for 

blueline tilefish has been reduced for 

the remainder of the 2021 fishing year. 

This announcement informs the public 

of the reduced blueline tilefish 

possession limit. This action is intended 

to prevent over-harvest of blueline 

tilefish for the fishing year. 

DATES: Effective September 10, 2021, 

though, December 31, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Laura Hansen, Fishery Management 

Specialist, (978) 281–9225. 

SUPPLEMENTARY INFORMATION: 

Regulations for the blueline tilefish 

fishery are at 50 CFR part 648. The 

regulations at § 648.295(b)(2)(i) require 

that when NMFS projects that blueline 

tilefish catch will reach 70 percent of 

the total allowable landings (TAL), the 

Regional Administrator must reduce the 

possession limit for the commercial 

blueline tilefish fishery for the 

remainder of the fishing year or until 

100 percent of the TAL is landed. The 

possession limit is reduced from 500 lb 

to 300 lb per trip in the Tilefish 

Management Unit. Fish must have head 

and fins attached, but may be gutted. 

NMFS monitors the blueline tilefish 

fishery catch based on dealer reports, 

state data, and other available 

information. 

The Regional Administrator has 

determined, based on dealer reports and 

other available information, that the 

blueline tilefish commercial fishery will 

catch 70 percent of the TAL by 

September 3, 2021. Upon filing this 

action in the Federal Register, vessels 

may not may possess on board or land 

more than 300 lb per trip of blueline 

tilefish in or from the Tilefish 

Management Unit through December 31, 

2021. 

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 period because it 

would be contrary to the public interest 

and impracticable. Data and other 

information indicating the blueline 

tilefish commercial fishery will have 

landed 70 percent of the TAL have only 

recently become available. Landings 

data are updated by dealer reports on a 

weekly basis, and NMFS monitors data 

as catch increases toward the limit. This 

action is routine and formulaic. The 

regulations at § 648.295(b)(2)(i) require 


khammond on DSKJM1Z7X2PROD with RULES
51278 Federal Register / Vol. 86, No. 176 / Wednesday, September 15, 2021 / Rules and Regulations 

such action to ensure that blueline 

tilefish commercial vessels do not 

exceed the 2021 TAL. If implementation 

of this action is delayed, the TAL for the 

2021 fishing year may be exceeded, 

thereby undermining the conservation 

objectives of the Tilefish Fishery 

Management Plan. Also, the public had 

prior notice and full opportunity to 

comment on this process when the 

provisions regarding inseason 

adjustments and the 2021 quota levels 

were put in place. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: September 9, 2021. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2021–19834 Filed 9–10–21; 4:15 pm] 

BILLING CODE 3510–22–P 


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