Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Gulf of Mexico Reef Fish Fishery; 2011 Accountability Measures for Greater Amberjack and Closure of the 2011 Gulf of Mexico Commercial Sector for Greater Amberjack, 23909-23911 [2011-10449]
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Federal Register / Vol. 76, No. 83 / Friday, April 29, 2011 / Rules and Regulations
§ 622.33 Caribbean EEZ seasonal and/or
area closures.
*
*
*
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(d) Queen conch closure in the
Caribbean EEZ. (1) Pursuant to the
procedures and criteria established in
the FMP for Queen Conch Resources of
Puerto Rico and the U.S. Virgin Islands,
when the U.S. Virgin Islands closes
territorial waters off St. Croix to the
harvest and possession of queen conch,
the Regional Administrator will
concurrently close the Caribbean EEZ,
in the area east of 64°34′ W. longitude
which includes Lang Bank, east of
St. Croix, U.S. Virgin Islands, by filing
a notification of closure with the Office
of the Federal Register. Closure of the
adjacent EEZ will be effective until the
next fishing season for territorial waters
opens November 1.
(2) During the closure, as specified in
paragraph (d)(1) of this section, no
person may fish for or possess on board
a fishing vessel, a Caribbean queen
conch, in or from the Caribbean EEZ, in
the area east of 64°34′ W. longitude
which includes Lang Bank, east of
St. Croix, U.S. Virgin Islands.
[FR Doc. 2011–10446 Filed 4–28–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket Nos. 100610255–0257–01 and
040205043–4043–01]
RIN 0648–XA353
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Gulf of
Mexico Reef Fish Fishery; 2011
Accountability Measures for Greater
Amberjack and Closure of the 2011
Gulf of Mexico Commercial Sector for
Greater Amberjack
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements
accountability measures (AMs) for
commercial and recreational greater
amberjack in the Gulf of Mexico (Gulf)
for the 2011 fishing year through this
temporary final rule, announces the
closure date for the 2011 commercial
sector for greater amberjack of the Gulf
reef fish fishery, and provides an
estimated season length for the 2011
recreational greater amberjack sector of
srobinson on DSKHWCL6B1PROD with RULES
SUMMARY:
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the Gulf reef fish fishery. This rule
reduces the 2011 commercial and
recreational quotas for greater amberjack
based on the 2010 quota overages.
Additionally, NMFS has determined
that the 2011 adjusted commercial quota
for Gulf greater amberjack will have
been reached by June 18, 2011. These
actions are necessary to reduce
overfishing of the Gulf greater amberjack
resource.
DATES: This rule is effective April 29,
2011 through December 31, 2011, except
for the greater amberjack commercial
sector closure provision. The closure of
the commercial sector for Gulf greater
amberjack is effective 12:01 a.m., local
time, June 18, 2011, until 12:01 a.m.,
local time, on January 1, 2012.
ADDRESSES: Copies of the final rule for
Amendment 30A, the Final
Supplemental Environmental Impact
Statement (FSEIS) for Amendment 30A,
and other supporting documentation
may be obtained from Rich Malinowski,
NMFS, Southeast Regional Office, 263
13th Avenue South, St. Petersburg, FL
33701; telephone: 727–824–5305.
FOR FURTHER INFORMATION CONTACT: Rich
Malinowski, telephone: 727–824–5305,
e-mail Rich.Malinowski@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef
fish fishery of the Gulf is managed
under the Fishery Management Plan for
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 under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) by regulations
at 50 CFR part 622.
Background
The 2006 reauthorization of the
Magnuson-Stevens Act implemented
new requirements that annual catch
limits (ACLs) and AMs be established to
end overfishing and prevent overfishing
from occurring. AMs are management
controls to prevent ACLs from being
exceeded, and correct or mitigate
overages of the ACL if they occur.
Section 303(a)(15) of the MagnusonStevens Act mandates the establishment
of ACLs at a level such that overfishing
does not occur in the fishery, including
measures to ensure accountability.
On July 3, 2008, NMFS issued a final
rule (73 FR 38139) to implement
Amendment 30A to the FMP
(Amendment 30A). Amendment 30A
established commercial and recreational
quotas for Gulf greater amberjack and
AMs that would go into effect if the
commercial and recreational quotas for
greater amberjack are exceeded. In
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23909
accordance with regulations at 50 CFR
622.49(a)(1)(i), when the applicable
commercial quota is reached, or
projected to be reached, the Assistant
Administrator for Fisheries, NOAA,
(AA), will file a notification with the
Office of the Federal Register to close
the commercial sector for the remainder
of the fishing year. If despite such
closure, commercial landings exceed the
quota, the AA will reduce the quota the
year following an overage by the amount
of the overage of the prior fishing year.
Amendment 30A also implemented
AMs for the Gulf greater amberjack
recreational sector of the reef fish
fishery. As described at 50 CFR
622.40(a)(1)(ii), if recreational landings
are met or projected to be met, the AA
will close the recreational sector for the
remainder of the fishing year. In
addition, if recreational landings exceed
the quota, the AA will reduce the length
of the recreational fishing season the
year following an overage by the amount
necessary to recover the overage of the
prior fishing year. Also, if necessary, the
reduced fishing season may be adjusted
during the fishing year to ensure the
recreational harvest achieves, but does
not exceed the intended harvest level.
Management Measures Contained in
This Temporary Rule
In 2009, the commercial sector of
greater amberjack was closed on
November 7, when the commercial
quota of 503,000 lb (228,157 kg) was
determined to be reached. Finalized
2009 commercial landings data
indicated the commercial quota was
exceeded by 25.8 percent, or 129,928 lb
(58,934 kg). The reduced 2010
commercial quota for Gulf greater
amberjack was 373,072 lb (169,222 kg).
NMFS closed the commercial sector for
Gulf greater amberjack on October 28,
2010 (75 FR 64171), when NMFS
projected that the 373,072 lb (169,222
kg) quota had been reached. Finalized
2010 commercial landings data indicate
the commercial quota was exceeded by
50.7 percent, or 189,100 lb (85,774 kg).
Therefore, the reduced 2011 commercial
quota for Gulf greater amberjack is
313,900 lb (142,383 kg).
The NMFS Southeast Fisheries
Science Center (SEFSC) estimates that
189,618 lb (86,009 kg) of greater
amberjack were landed by the
commercial sector during the months of
January and February of 2011.
Commercial harvest of greater amberjack
is prohibited during the months of
March through May each year to protect
spawning aggregations. The fishing
season for commercial greater amberjack
re-opens on June 1, 2011 at which time
the remaining 124,282 lb (56,373 kg) of
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29APR1
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23910
Federal Register / Vol. 76, No. 83 / Friday, April 29, 2011 / Rules and Regulations
the 2011 adjusted commercial quota
established through this rulemaking will
be available for harvest. Based on
current statistics, NMFS has determined
that the remaining commercial adjusted
quota will be harvested by June 18,
2011. Accordingly, NMFS is closing
commercial harvest of greater amberjack
in the Gulf EEZ at 12:01 a.m., local time,
on June 18, 2011, and it will remain
closed until 12:01 a.m., local time, on
January 1, 2012. The operator of a vessel
with a valid commercial vessel permit
for Gulf reef fish having greater
amberjack aboard must have landed and
bartered, traded, or sold such greater
amberjack prior to 12:01 a.m., local
time, June 18, 2011.
During the closure, all commercial
harvest or possession of greater
amberjack in or from the Gulf of Mexico
EEZ, and the sale or purchase of greater
amberjack taken from the EEZ is
prohibited. The prohibition on sale or
purchase does not apply to sale or
purchase of greater amberjack that were
harvested, landed ashore, and sold prior
to 12:01 a.m., local time, June 18, 2011,
and were held in cold storage by a
dealer or processor. In addition to the
Gulf EEZ closure, a person on board a
vessel for which a commercial vessel
permit for Gulf reef fish has been issued
must comply with these closure
provisions regardless of where the Gulf
greater amberjack are harvested, i.e., in
state or Federal waters. This closure is
intended to prevent overfishing of Gulf
greater amberjack and increase the
likelihood that the 2011 quota will not
be exceeded.
The 2012 commercial quota for
greater amberjack will return to the
quota specified at 50 CFR 622.42(a)(1)(v)
unless accountability measures are
implemented due to a quota overage and
a reduced quota is specified through
notification in the Federal Register, or
subsequent regulatory action is taken to
adjust the quota.
Also, in 2009, the recreational quota
for Gulf greater amberjack of 1,368,000
lb (620,514 kg) was projected to be met
and the sector closed on October 24,
2009. Finalized 2009 recreational
landings data indicated the recreational
quota was exceeded by 9 percent or
124,817 lb (56,616 kg). Based on the
2009 quota overage, the reduced 2010
recreational quota of 1,243,184 lb
(563,899 kg) for Gulf greater amberjack
was projected to be met in late August.
However, because of the extensive
fishery area closures established
because of the Deepwater Horizon
MC252 oil spill, recreational fishing
effort was severely curtailed during the
summer period. For the 2010 fishing
year, the recreational sector of Gulf
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greater amberjack remained open
through December 2010. However,
finalized 2010 landings data have
determined that the recreational quota
was exceeded by 4.2 percent or 52,776
lb (23,939 kg). Therefore, the reduced
2011 recreational quota for Gulf greater
amberjack is 1,315,224 lb (596,576 kg).
The 2012 recreational quota for
greater amberjack will return to the
quota specified at 50 CFR
622.42(a)(2)(ii) unless accountability
measures are implemented due to a
quota overage in 2011 and a reduced
quota is specified through notification
in the Federal Register, or subsequent
regulatory action is taken to adjust the
quota.
If required, the exact closure date of
the 2011 recreational season for greater
amberjack will be published in the
Federal Register after preliminary 2011
landings data become available and
NMFS can project when, and if, the
2011 recreational quota will be reached.
However, taking into account current
projections based on the 2010 quota
overage, the reduced 2011 recreational
quota of 1,315,224 lb (596,576 kg), and
a June through July seasonal closure of
the recreational sector for greater
amberjack as approved by the Council at
its October 2010 meeting, NMFS does
not expect that the recreational sector
will meet, or exceed, its quota for the
2011 fishing year. NMFS will monitor
recreational landings throughout the
year and take appropriate action if
landings appear they will meet the
recreational quota prior to the end of the
fishing year.
Classification
The Administrator, Southeast Region,
NMFS, (RA) has determined this
temporary rule is necessary for the
conservation and management of the
Gulf greater amberjack component of the
Gulf reef fish fishery and is consistent
with the Magnuson-Stevens Act and
other applicable laws.
The temporary rule has been
determined to be not significant for
purposes of 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.
NMFS prepared a FSEIS for
Amendment 30A. A notice of
availability for the FSEIS was published
on April 18, 2008 (73 FR 21124). A copy
of the FSEIS and the Record of Decision
are available from NMFS (see
ADDRESSES).
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive the requirements
to provide prior notice and opportunity
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for public comment on this temporary
rule. Such procedures are unnecessary
because the AMs established by
Amendment 30A and located at 50 CFR
622.49(a)(1)(i) and (ii) and the quota
closure provisions located at 50 CFR
622.43(a) authorize the AA to file a
notice with the Office of the Federal
Register to reduce the commercial and/
or recreational quotas the following
fishing year if an overage occurs, close
harvest for a species or species group
when the quota for that species or
species group is reached, or is projected
to be reached, and reduce the length of
the recreational fishing season the
following fishing year if an overage
occurs. The final rule for Amendment
30A implementing these AMs was
subject to notice and comment as well
as the rule implementing the
commercial quota and the associated
requirement for closure of commercial
harvest when the quota is reached or
projected to be reached, and all that
remains is to notify the public of the
2011 commercial and recreational
quotas, the closure of the commercial
sector for Gulf greater amberjack, and
the season length for the 2011
recreational fishing season.
Also, providing prior notice and
opportunity for public comment on this
action would be contrary to the public
interest. Many of those affected by the
recreational season duration,
particularly charter vessel and headboat
operations, book trips for clients in
advance and, therefore need as much
time as possible to adjust business plans
to account for the season length. Those
persons affected by the commercial
season duration need to plan fishing
trips, vessel provisioning, and vessel
modifications in advance and, therefore,
they also need as much time as possible
to adjust business plans to account for
the commercial season length.
Additionally, advance notice is required
for business planning given the short
duration of time between the opening
date of the commercial season and the
quota closure date of the commercial
season. Delaying the announcement of
the projected recreational season
duration and the commercial sector
closure to accommodate prior notice
and comment would result in
significantly less advance notice of the
duration of the seasons for these
individuals; decrease the time available
for affected participants to adjust
business plans; and be very disruptive.
Given the regulatory obligation for
NMFS to announce the duration of the
commercial and recreational seasons in
a timely manner, it is important this
announcement be made as soon as
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Federal Register / Vol. 76, No. 83 / Friday, April 29, 2011 / Rules and Regulations
possible to allow affected participants
the maximum amount of time to adjust
their fishing activities to account for a
projected closure of the commercial
sector in June and no projected closure
of the recreational sector.
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).
Dated: April 26, 2011.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–10449 Filed 4–28–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 110207101–1257–02]
RIN 0648–BA54
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; Red
Snapper Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues this final rule to
implement a regulatory amendment to
the Fishery Management Plan for the
Reef Fish Resources of the Gulf of
Mexico (FMP) prepared by the Gulf of
Mexico Fishery Management Council
(Council). This final rule increases the
commercial and recreational quotas for
red snapper for the 2011 fishing year
and closes the recreational red snapper
component of the Gulf of Mexico (Gulf)
reef fish fishery at 12:01 a.m., local time,
July 19, 2011. This rule also makes
minor revisions to codified text,
including revisions to the definition of
‘‘actual ex-vessel price,’’ extending the
maintenance window for the Gulf
individual fishing quota (IFQ) programs,
and removing obsolete codified text for
Gulf grouper. The intended effect of this
final rule is to help achieve optimum
yield (OY) for Gulf red snapper without
increasing the risk of the red snapper
resource experiencing overfishing, allow
for better functioning and enforcement
of the Gulf IFQ programs, and to remove
obsolete text from the regulations.
DATES: This rule is effective May 31,
2011.
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SUMMARY:
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Copies of the regulatory
amendment, which includes an
environmental assessment and a
regulatory impact review, may be
obtained from Dr. Steve Branstetter,
NMFS, Southeast Regional Office, 263
13th Ave South, Saint Petersburg, FL
33701; telephone 727–824–5308; e-mail
Steve.Branstetter@noaa.gov.
FOR FURTHER INFORMATION CONTACT: Dr.
Steve Branstetter, 727–824–5308.
SUPPLEMENTARY INFORMATION: The reef
fish fishery of the Gulf of Mexico is
managed under the 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).
On February 22, 2011, NMFS
published a proposed rule for the
regulatory amendment and requested
public comment (76 FR 9735). The
proposed rule and the regulatory
amendment outline the rationale for the
actions contained in this final rule. A
summary of the actions implemented by
this final rule are provided below.
This final rule sets the Gulf red
snapper commercial quota at 3.664
million lb (1.662 million kg) and the
recreational quota at 3.521 million lb
(1.544 million kg). NMFS has
determined that the combined
commercial and recreational quota from
2010 was not exceeded, therefore,
NMFS may increase the commercial and
recreational quotas for red snapper in
2011, consistent with the rebuilding
plan.
The regulatory text contained in this
final rule reflects the commercial and
recreational quotas for the 2011 fishing
year only. This differs from the
proposed rule because the proposed rule
contained regulatory text for the 2010
fishing year and the 2011 fishing year,
with a caveat that if the 2010 landings,
as estimated by the Southeast Fisheries
Science Center (SEFSC), NMFS, indicate
the combined quota is exceeded, then
the recreational quota would be
maintained at the 2010 quota. Because
NMFS has determined that the
combined quota from 2010 was not
exceeded, the 2010 quota and the caveat
following the 2011 quota have been
removed from the regulatory text.
The Magnuson-Stevens Act requires
NMFS to close the recreational red
snapper sector in Federal waters when
the quota is met or projected to be met.
Finalized 2010 recreational landings
data indicate that the recreational red
snapper quota is projected to be met on
or by July 18, 2011. Therefore, NMFS
will close the recreational red snapper
ADDRESSES:
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23911
fishing season at 12:01 a.m., local time,
July 19, 2011, which constitutes a 48day fishing season. NMFS will continue
to monitor landings after the 2011
fishing season opens June 1. If, as a
result of the continuous monitoring, the
quota is not projected to be met on or
by July 18, 2011, a re-opening of the
recreational sector could occur later in
the fishing season.
The red snapper management
measures contained in this final rule
will achieve the goal of National
Standard 1 of the Magnuson-Stevens
Act, which states that conservation and
management measures shall prevent
overfishing while achieving, on a
continuing basis, the optimum yield for
the fishery. Because the 2010
recreational red snapper quota was not
met, the Council has requested that the
SEFSC re-run the 2009 update
assessment projections using final
landings data for 2009 and 2010. These
projections will be provided to the
Council’s Scientific and Statistical
Committee (SSC) for review at the SSC’s
May meeting, which could potentially
change the allowable biological catch
(ABC) recommendation. The Council
will receive the SSC’s recommendation
for ABC at its June Council meeting. If
the SSC recommends a higher ABC, red
snapper TAC could be adjusted for the
2012 fishing year.
Additional Measures Contained in This
Final Rule
This final rule removes the definition
of ‘‘actual ex-vessel value’’ and adds the
definition of ‘‘actual ex-vessel price,’’ so
that actual ex-vessel price represents the
total monetary sale amount per pound
of fish before any deductions are made
for transferred (leased) allocation and
goods and services (e.g., bait, ice, fuel,
repairs, machinery replacement, etc.),
extends the IFQ maintenance window
an additional 8 hours to allow for more
time to conduct end-of-year
maintenance, and removes obsolete text
regarding the sale and purchase of Gulf
grouper from the old February 15–
March 15 seasonal closure for
commercial gag, red, and black grouper.
These additional measures are unrelated
to the actions contained in the
regulatory amendment.
Comments and Responses
The following is a summary of the
comments NMFS received on the
proposed rule and the regulatory
amendment, and NMFS respective
responses. During the comment period,
NMFS received 88 comments on the
proposed rule. The majority of the
comments addressed issues beyond the
scope of rule and therefore these
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]]>Agencies
[Federal Register Volume 76, Number 83 (Friday, April 29, 2011)]
[Rules and Regulations]
[Pages 23909-23911]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10449]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket Nos. 100610255-0257-01 and 040205043-4043-01]
RIN 0648-XA353
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Gulf of Mexico Reef Fish Fishery; 2011 Accountability Measures for
Greater Amberjack and Closure of the 2011 Gulf of Mexico Commercial
Sector for Greater Amberjack
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS implements accountability measures (AMs) for commercial
and recreational greater amberjack in the Gulf of Mexico (Gulf) for the
2011 fishing year through this temporary final rule, announces the
closure date for the 2011 commercial sector for greater amberjack of
the Gulf reef fish fishery, and provides an estimated season length for
the 2011 recreational greater amberjack sector of the Gulf reef fish
fishery. This rule reduces the 2011 commercial and recreational quotas
for greater amberjack based on the 2010 quota overages. Additionally,
NMFS has determined that the 2011 adjusted commercial quota for Gulf
greater amberjack will have been reached by June 18, 2011. These
actions are necessary to reduce overfishing of the Gulf greater
amberjack resource.
DATES: This rule is effective April 29, 2011 through December 31, 2011,
except for the greater amberjack commercial sector closure provision.
The closure of the commercial sector for Gulf greater amberjack is
effective 12:01 a.m., local time, June 18, 2011, until 12:01 a.m.,
local time, on January 1, 2012.
ADDRESSES: Copies of the final rule for Amendment 30A, the Final
Supplemental Environmental Impact Statement (FSEIS) for Amendment 30A,
and other supporting documentation may be obtained from Rich
Malinowski, NMFS, Southeast Regional Office, 263 13th Avenue South, St.
Petersburg, FL 33701; telephone: 727-824-5305.
FOR FURTHER INFORMATION CONTACT: Rich Malinowski, telephone: 727-824-
5305, e-mail Rich.Malinowski@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf is managed
under the Fishery Management Plan for 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 under the authority of
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) by regulations at 50 CFR part 622.
Background
The 2006 reauthorization of the Magnuson-Stevens Act implemented
new requirements that annual catch limits (ACLs) and AMs be established
to end overfishing and prevent overfishing from occurring. AMs are
management controls to prevent ACLs from being exceeded, and correct or
mitigate overages of the ACL if they occur. Section 303(a)(15) of the
Magnuson-Stevens Act mandates the establishment of ACLs at a level such
that overfishing does not occur in the fishery, including measures to
ensure accountability.
On July 3, 2008, NMFS issued a final rule (73 FR 38139) to
implement Amendment 30A to the FMP (Amendment 30A). Amendment 30A
established commercial and recreational quotas for Gulf greater
amberjack and AMs that would go into effect if the commercial and
recreational quotas for greater amberjack are exceeded. In accordance
with regulations at 50 CFR 622.49(a)(1)(i), when the applicable
commercial quota is reached, or projected to be reached, the Assistant
Administrator for Fisheries, NOAA, (AA), will file a notification with
the Office of the Federal Register to close the commercial sector for
the remainder of the fishing year. If despite such closure, commercial
landings exceed the quota, the AA will reduce the quota the year
following an overage by the amount of the overage of the prior fishing
year.
Amendment 30A also implemented AMs for the Gulf greater amberjack
recreational sector of the reef fish fishery. As described at 50 CFR
622.40(a)(1)(ii), if recreational landings are met or projected to be
met, the AA will close the recreational sector for the remainder of the
fishing year. In addition, if recreational landings exceed the quota,
the AA will reduce the length of the recreational fishing season the
year following an overage by the amount necessary to recover the
overage of the prior fishing year. Also, if necessary, the reduced
fishing season may be adjusted during the fishing year to ensure the
recreational harvest achieves, but does not exceed the intended harvest
level.
Management Measures Contained in This Temporary Rule
In 2009, the commercial sector of greater amberjack was closed on
November 7, when the commercial quota of 503,000 lb (228,157 kg) was
determined to be reached. Finalized 2009 commercial landings data
indicated the commercial quota was exceeded by 25.8 percent, or 129,928
lb (58,934 kg). The reduced 2010 commercial quota for Gulf greater
amberjack was 373,072 lb (169,222 kg). NMFS closed the commercial
sector for Gulf greater amberjack on October 28, 2010 (75 FR 64171),
when NMFS projected that the 373,072 lb (169,222 kg) quota had been
reached. Finalized 2010 commercial landings data indicate the
commercial quota was exceeded by 50.7 percent, or 189,100 lb (85,774
kg). Therefore, the reduced 2011 commercial quota for Gulf greater
amberjack is 313,900 lb (142,383 kg).
The NMFS Southeast Fisheries Science Center (SEFSC) estimates that
189,618 lb (86,009 kg) of greater amberjack were landed by the
commercial sector during the months of January and February of 2011.
Commercial harvest of greater amberjack is prohibited during the months
of March through May each year to protect spawning aggregations. The
fishing season for commercial greater amberjack re-opens on June 1,
2011 at which time the remaining 124,282 lb (56,373 kg) of
[[Page 23910]]
the 2011 adjusted commercial quota established through this rulemaking
will be available for harvest. Based on current statistics, NMFS has
determined that the remaining commercial adjusted quota will be
harvested by June 18, 2011. Accordingly, NMFS is closing commercial
harvest of greater amberjack in the Gulf EEZ at 12:01 a.m., local time,
on June 18, 2011, and it will remain closed until 12:01 a.m., local
time, on January 1, 2012. The operator of a vessel with a valid
commercial vessel permit for Gulf reef fish having greater amberjack
aboard must have landed and bartered, traded, or sold such greater
amberjack prior to 12:01 a.m., local time, June 18, 2011.
During the closure, all commercial harvest or possession of greater
amberjack in or from the Gulf of Mexico EEZ, and the sale or purchase
of greater amberjack taken from the EEZ is prohibited. The prohibition
on sale or purchase does not apply to sale or purchase of greater
amberjack that were harvested, landed ashore, and sold prior to 12:01
a.m., local time, June 18, 2011, and were held in cold storage by a
dealer or processor. In addition to the Gulf EEZ closure, a person on
board a vessel for which a commercial vessel permit for Gulf reef fish
has been issued must comply with these closure provisions regardless of
where the Gulf greater amberjack are harvested, i.e., in state or
Federal waters. This closure is intended to prevent overfishing of Gulf
greater amberjack and increase the likelihood that the 2011 quota will
not be exceeded.
The 2012 commercial quota for greater amberjack will return to the
quota specified at 50 CFR 622.42(a)(1)(v) unless accountability
measures are implemented due to a quota overage and a reduced quota is
specified through notification in the Federal Register, or subsequent
regulatory action is taken to adjust the quota.
Also, in 2009, the recreational quota for Gulf greater amberjack of
1,368,000 lb (620,514 kg) was projected to be met and the sector closed
on October 24, 2009. Finalized 2009 recreational landings data
indicated the recreational quota was exceeded by 9 percent or 124,817
lb (56,616 kg). Based on the 2009 quota overage, the reduced 2010
recreational quota of 1,243,184 lb (563,899 kg) for Gulf greater
amberjack was projected to be met in late August. However, because of
the extensive fishery area closures established because of the
Deepwater Horizon MC252 oil spill, recreational fishing effort was
severely curtailed during the summer period. For the 2010 fishing year,
the recreational sector of Gulf greater amberjack remained open through
December 2010. However, finalized 2010 landings data have determined
that the recreational quota was exceeded by 4.2 percent or 52,776 lb
(23,939 kg). Therefore, the reduced 2011 recreational quota for Gulf
greater amberjack is 1,315,224 lb (596,576 kg).
The 2012 recreational quota for greater amberjack will return to
the quota specified at 50 CFR 622.42(a)(2)(ii) unless accountability
measures are implemented due to a quota overage in 2011 and a reduced
quota is specified through notification in the Federal Register, or
subsequent regulatory action is taken to adjust the quota.
If required, the exact closure date of the 2011 recreational season
for greater amberjack will be published in the Federal Register after
preliminary 2011 landings data become available and NMFS can project
when, and if, the 2011 recreational quota will be reached. However,
taking into account current projections based on the 2010 quota
overage, the reduced 2011 recreational quota of 1,315,224 lb (596,576
kg), and a June through July seasonal closure of the recreational
sector for greater amberjack as approved by the Council at its October
2010 meeting, NMFS does not expect that the recreational sector will
meet, or exceed, its quota for the 2011 fishing year. NMFS will monitor
recreational landings throughout the year and take appropriate action
if landings appear they will meet the recreational quota prior to the
end of the fishing year.
Classification
The Administrator, Southeast Region, NMFS, (RA) has determined this
temporary rule is necessary for the conservation and management of the
Gulf greater amberjack component of the Gulf reef fish fishery and is
consistent with the Magnuson-Stevens Act and other applicable laws.
The temporary rule has been determined to be not significant for
purposes of 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.
NMFS prepared a FSEIS for Amendment 30A. A notice of availability
for the FSEIS was published on April 18, 2008 (73 FR 21124). A copy of
the FSEIS and the Record of Decision are available from NMFS (see
ADDRESSES).
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive the
requirements to provide prior notice and opportunity for public comment
on this temporary rule. Such procedures are unnecessary because the AMs
established by Amendment 30A and located at 50 CFR 622.49(a)(1)(i) and
(ii) and the quota closure provisions located at 50 CFR 622.43(a)
authorize the AA to file a notice with the Office of the Federal
Register to reduce the commercial and/or recreational quotas the
following fishing year if an overage occurs, close harvest for a
species or species group when the quota for that species or species
group is reached, or is projected to be reached, and reduce the length
of the recreational fishing season the following fishing year if an
overage occurs. The final rule for Amendment 30A implementing these AMs
was subject to notice and comment as well as the rule implementing the
commercial quota and the associated requirement for closure of
commercial harvest when the quota is reached or projected to be
reached, and all that remains is to notify the public of the 2011
commercial and recreational quotas, the closure of the commercial
sector for Gulf greater amberjack, and the season length for the 2011
recreational fishing season.
Also, providing prior notice and opportunity for public comment on
this action would be contrary to the public interest. Many of those
affected by the recreational season duration, particularly charter
vessel and headboat operations, book trips for clients in advance and,
therefore need as much time as possible to adjust business plans to
account for the season length. Those persons affected by the commercial
season duration need to plan fishing trips, vessel provisioning, and
vessel modifications in advance and, therefore, they also need as much
time as possible to adjust business plans to account for the commercial
season length. Additionally, advance notice is required for business
planning given the short duration of time between the opening date of
the commercial season and the quota closure date of the commercial
season. Delaying the announcement of the projected recreational season
duration and the commercial sector closure to accommodate prior notice
and comment would result in significantly less advance notice of the
duration of the seasons for these individuals; decrease the time
available for affected participants to adjust business plans; and be
very disruptive. Given the regulatory obligation for NMFS to announce
the duration of the commercial and recreational seasons in a timely
manner, it is important this announcement be made as soon as
[[Page 23911]]
possible to allow affected participants the maximum amount of time to
adjust their fishing activities to account for a projected closure of
the commercial sector in June and no projected closure of the
recreational sector.
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).
Dated: April 26, 2011.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-10449 Filed 4-28-11; 8:45 am]
BILLING CODE 3510-22-P
