Accountability Measures and Reduced Season for the South Atlantic Recreational Sector of Golden Tilefish for the 2011 Fishing Year, 61284-61285 [2011-25536]
Download as PDF
<![CDATA[
61284
Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Rules and Regulations
(A) The cost of the following types of
components exceeds 50 percent of the
cost of all its components:
(1) Components mined, produced, or
manufactured in a qualifying country.
(2) Components mined, produced, or
manufactured in the United States.
(3) Components of foreign origin of a
class or kind for which the Government
has determined that sufficient and
reasonably available commercial
quantities of a satisfactory quality are
not mined, produced, or manufactured
in the United States; or
(B) The end product is a COTS item.
*
*
*
*
*
ALTERNATE I (OCT 2011)
As prescribed in 225.1101(11)(i)(B),
add the following definition to
paragraph (a) and substitute the
following paragraph (c) for paragraph (c)
of the basic clause:
*
*
*
*
*
[FR Doc. 2011–25234 Filed 10–3–11; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 0907271173–0629–03]
RIN 0648–XA701
Accountability Measures and Reduced
Season for the South Atlantic
Recreational Sector of Golden Tilefish
for the 2011 Fishing Year
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule.
AGENCY:
NMFS implements
accountability measures (AMs) for the
recreational sector of golden tilefish in
the South Atlantic for the 2011 fishing
year through this temporary final rule.
This rule reduces the length of the 2011
recreational fishing season for golden
tilefish based on the 2010 recreational
annual catch limit (ACL) overage, and as
a result closes the recreational sector.
This action is necessary to reduce
overfishing of the South Atlantic golden
tilefish resource.
DATES: This rule is effective October 6,
2011 until 12:01 a.m., local time on
January 1, 2012.
ADDRESSES: Copies of the final rule for
Amendment 17B, the Environmental
Assessment for Amendment 17B, and
sroberts on DSK5SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:51 Oct 03, 2011
Jkt 226001
other supporting documentation may be
obtained from Catherine Bruger, NMFS,
Southeast Regional Office, 263 13th
Avenue South, St. Petersburg, FL 33701;
telephone: 727–824–5305.
FOR FURTHER INFORMATION CONTACT:
Catherine Bruger, telephone: 727–824–
5305, fax: 727–824–5308, e-mail:
Catherine.Bruger@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic is managed under the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP). Golden tilefish are
managed under this FMP. The FMP was
prepared by the South Atlantic Fishery
Management 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 ACLs and AMs
be established to end overfishing and
prevent overfishing from occurring.
AMs are management controls to
prevent ACLs from being exceeded, and
to correct or mitigate overages of the
ACL if they occur.
On December 30, 2010, NMFS issued
a final rule (75 FR 82280) to implement
Amendment 17B to the FMP
(Amendment 17B). Amendment 17B
established ACLs for eight snappergrouper species in the FMP that are
undergoing overfishing, including
golden tilefish, and AMs to be
implemented if these ACLs are reached
or exceeded.
The recreational ACL for golden
tilefish, implemented through
Amendment 17B, is 1,578 fish. In
accordance with regulations at 50 CFR
622.49(b)(1)(ii), if the ACL is exceeded,
the Regional Administrator (RA) will
publish a notice to reduce the length of
the following fishing season by the
amount necessary to ensure landings do
not exceed the recreational sector ACL
in the following fishing year.
Additionally, in accordance with these
regulations, the recreational landings
are evaluated relative to the ACL as
follows: For 2010, only 2010
recreational landings will be compared
to the ACL; in 2011, the average of 2010
and 2011 recreational landings will be
compared to the ACL; and in 2012 and
subsequent fishing years, the most
recent 3-year running average
recreational landings will be compared
to the ACL. Therefore this temporary
final rule is being implemented based
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
on an evaluation of golden tilefish
recreational landings for the 2010
fishing year.
Finalized landings data from the
NMFS Southeast Fisheries Science
Center indicate that the recreational
golden tilefish ACL was exceeded by
2,805 fish in 2010. Therefore, this
temporary rule implements an AM to
reduce the fishing season for the
recreational golden tilefish component
of the snapper-grouper fishery from
October 6, 2011 until January 1, 2012.
As a result of this reduced season, the
recreational sector for golden tilefish
will be closed effective 12:01 a.m., local
time October 6, 2011.
The 2012 recreational fishing season
for golden tilefish will begin on January
1, 2012, through December 31, 2012,
unless AMs are implemented due to an
ACL overage and a reduced fishing
season is specified through notification
in the Federal Register.
Commencing 12:01 a.m., local time on
October 6, 2011, the bag limit and
possession limits specified in 50 CFR
622.39(d)(1)(ii) and (d)(2), respectively,
are zero and apply to all recreational
harvest or possession of golden tilefish
in or from the South Atlantic exclusive
economic zone.
Classification
The Administrator, Southeast Region,
NMFS, (RA) has determined this
temporary rule is necessary for the
conservation and management of the
South Atlantic golden tilefish
component of 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
622.43(a) 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.
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 17B and located at 50 CFR
622.49(b)(1)(ii) have already been
subject to notice and comment and
authorize the AA to file a notification
with the Office of the Federal Register
to reduce the duration of the
recreational fishing season the following
fishing year if an overage occurs in the
prior fishing year. All that remains is to
notify the public of the reduced
recreational fishing season for golden
tilefish for the 2011 fishing year.
E:\FR\FM\04OCR1.SGM
04OCR1
Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Rules and Regulations
Additionally, there is a need to
immediately notify the public of the
reduced recreational fishing season for
golden tilefish for the 2011 fishing year,
since golden tilefish are overfished and
undergoing overfishing and this waiver
will help further protect the South
Atlantic golden tilefish resource. Also,
providing prior notice and opportunity
for public comment on this action
would be contrary to the public interest
because many of those affected by the
length of the recreational fishing season,
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 reduced recreational
fishing season.
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: September 29, 2011.
Steven Thur,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–25536 Filed 9–29–11; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 0907271173–0629–03]
RIN 0648–XA698
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; South
Atlantic Snapper-Grouper Fishery;
2011–2012 Accountability Measures for
Recreational Black Sea Bass
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule.
AGENCY:
NMFS implements
accountability measures (AMs) for
recreational black sea bass in the South
Atlantic for the 2011–2012 fishing year
through this temporary final rule. This
rule reduces the 2011–2012 recreational
annual catch limit (ACL) for black sea
bass based on the 2010–2011
recreational ACL overage. This action is
necessary to reduce overfishing of the
South Atlantic black sea bass resource.
DATES: This rule is effective October 4,
2011, through May 31, 2012.
ADDRESSES: Copies of the final rule for
Amendment 17B, the Environmental
sroberts on DSK5SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:51 Oct 03, 2011
Jkt 226001
Assessment for Amendment 17B, and
other supporting documentation may be
obtained from Catherine Bruger, NMFS,
Southeast Regional Office, 263 13th
Avenue South, St. Petersburg, FL 33701;
telephone: 727–824–5305.
FOR FURTHER INFORMATION CONTACT:
Catherine Bruger, telephone: 727–824–
5305, fax: 727–824–5308, e-mail:
Catherine.Bruger@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic 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 (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 established new
requirements that ACLs and
accountability measures (AMs) be
implemented to end overfishing and
prevent overfishing from occurring.
AMs are management controls to
prevent ACLs from being exceeded, and
correct or mitigate the ACL if an overage
occurs.
On December 30, 2010, NMFS issued
a final rule (75 FR 82280) to implement
Amendment 17B to the FMP
(Amendment 17B). Amendment 17B
established ACLs for eight snappergrouper species in the FMP that are
undergoing overfishing, including black
sea bass, and AMs if these ACLs are
reached or exceeded.
The recreational ACL for black sea
bass, implemented through Amendment
17B, is 409,000 lb (185,519 kg), gutted
weight. In accordance with regulations
at 50 CFR 622.49 (b)(5)(ii)(A), when the
recreational ACL is reached or projected
to be reached, and black sea bass are
classified as overfished, the Assistant
Administrator for Fisheries, NOAA (AA)
will file a notification with the Office of
the Federal Register to close the
recreational sector for black sea bass for
the remainder of the fishing year. In
accordance with the regulations at 50
CFR 622.49 (b)(5)(ii)(B), if black sea bass
recreational landings exceed the ACL,
without regard to overfished status, the
AA will file a notification with the
Office of the Federal Register, at or near
the beginning of the following fishing
year, to reduce the ACL for that fishing
year by the amount of the previous
year’s overage. Recreational landings
will be evaluated relative to the ACL, in
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
61285
accordance with the regulations at 50
CFR 622.49 (b)(5)(ii)(C), as follows. For
2010, only 2010 recreational landings
will be compared to the ACL; in 2011,
the average of 2010 and 2011
recreational landings will be compared
to the ACL; and in 2012 and subsequent
fishing years, the most recent 3-year
running average recreational landings
will be compared to the ACL.
For the 2010–2011 fishing year (June
1, 2010–May 31, 2011), the recreational
ACL for black sea bass was projected to
be reached by February 12, 2011. In
accordance with the regulations at 50
CFR 622.49 (b)(5)(ii)(A), NMFS
published a temporary rule to close the
black sea bass recreational sector on
February 12, 2011 (76 FR 5717,
February 2, 2011) for the remainder of
the 2010–2011 fishing year.
Additionally, recent finalized landings
data from the NMFS Southeast Fisheries
Science Center (SEFSC) estimate that
the 2010–2011 recreational ACL was
exceeded by 67,253 lb (30,505 kg),
gutted weight. Therefore, NMFS reduces
the black sea bass recreational sector
ACL for the 2011–2012 fishing year by
67,253 lb (30,505 kg) to 341,747 lb
(155,014 kg) effective October 4, 2011,
through May 31, 2012.
If recreational landings during the
2011–2012 fishing year, as estimated by
the SEFSC Science and Research
Director (SRD), reach the revised 2011–
2012 recreational ACL of 341,747 lb
(155,014 kg), gutted weight, and black
sea bass are overfished, the AA will file
a notification with the Office of the
Federal Register to close the recreational
sector for black sea bass for the
remainder of the fishing year. The 2012–
2013 recreational ACL for black sea bass
will return to the 2010–2011
recreational ACL amount, unless AMs
are implemented due to an overage.
Classification
The Administrator, Southeast Region,
NMFS, (RA) has determined this
temporary rule is necessary for the
conservation and management of the
South Atlantic black sea bass
component of the South Atlantic
snapper-grouper 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.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive the requirements
to provide prior notice and opportunity
E:\FR\FM\04OCR1.SGM
04OCR1
]]>Agencies
[Federal Register Volume 76, Number 192 (Tuesday, October 4, 2011)]
[Rules and Regulations]
[Pages 61284-61285]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25536]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 0907271173-0629-03]
RIN 0648-XA701
Accountability Measures and Reduced Season for the South Atlantic
Recreational Sector of Golden Tilefish for the 2011 Fishing Year
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule.
-----------------------------------------------------------------------
SUMMARY: NMFS implements accountability measures (AMs) for the
recreational sector of golden tilefish in the South Atlantic for the
2011 fishing year through this temporary final rule. This rule reduces
the length of the 2011 recreational fishing season for golden tilefish
based on the 2010 recreational annual catch limit (ACL) overage, and as
a result closes the recreational sector. This action is necessary to
reduce overfishing of the South Atlantic golden tilefish resource.
DATES: This rule is effective October 6, 2011 until 12:01 a.m., local
time on January 1, 2012.
ADDRESSES: Copies of the final rule for Amendment 17B, the
Environmental Assessment for Amendment 17B, and other supporting
documentation may be obtained from Catherine Bruger, NMFS, Southeast
Regional Office, 263 13th Avenue South, St. Petersburg, FL 33701;
telephone: 727-824-5305.
FOR FURTHER INFORMATION CONTACT: Catherine Bruger, telephone: 727-824-
5305, fax: 727-824-5308, e-mail: Catherine.Bruger@noaa.gov.
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic is managed under the Fishery Management Plan for the Snapper-
Grouper Fishery of the South Atlantic Region (FMP). Golden tilefish are
managed under this FMP. The FMP was prepared by the South Atlantic
Fishery Management 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 ACLs and AMs be established to end overfishing
and prevent overfishing from occurring. AMs are management controls to
prevent ACLs from being exceeded, and to correct or mitigate overages
of the ACL if they occur.
On December 30, 2010, NMFS issued a final rule (75 FR 82280) to
implement Amendment 17B to the FMP (Amendment 17B). Amendment 17B
established ACLs for eight snapper-grouper species in the FMP that are
undergoing overfishing, including golden tilefish, and AMs to be
implemented if these ACLs are reached or exceeded.
The recreational ACL for golden tilefish, implemented through
Amendment 17B, is 1,578 fish. In accordance with regulations at 50 CFR
622.49(b)(1)(ii), if the ACL is exceeded, the Regional Administrator
(RA) will publish a notice to reduce the length of the following
fishing season by the amount necessary to ensure landings do not exceed
the recreational sector ACL in the following fishing year.
Additionally, in accordance with these regulations, the recreational
landings are evaluated relative to the ACL as follows: For 2010, only
2010 recreational landings will be compared to the ACL; in 2011, the
average of 2010 and 2011 recreational landings will be compared to the
ACL; and in 2012 and subsequent fishing years, the most recent 3-year
running average recreational landings will be compared to the ACL.
Therefore this temporary final rule is being implemented based on an
evaluation of golden tilefish recreational landings for the 2010
fishing year.
Finalized landings data from the NMFS Southeast Fisheries Science
Center indicate that the recreational golden tilefish ACL was exceeded
by 2,805 fish in 2010. Therefore, this temporary rule implements an AM
to reduce the fishing season for the recreational golden tilefish
component of the snapper-grouper fishery from October 6, 2011 until
January 1, 2012. As a result of this reduced season, the recreational
sector for golden tilefish will be closed effective 12:01 a.m., local
time October 6, 2011.
The 2012 recreational fishing season for golden tilefish will begin
on January 1, 2012, through December 31, 2012, unless AMs are
implemented due to an ACL overage and a reduced fishing season is
specified through notification in the Federal Register.
Commencing 12:01 a.m., local time on October 6, 2011, the bag limit
and possession limits specified in 50 CFR 622.39(d)(1)(ii) and (d)(2),
respectively, are zero and apply to all recreational harvest or
possession of golden tilefish in or from the South Atlantic exclusive
economic zone.
Classification
The Administrator, Southeast Region, NMFS, (RA) has determined this
temporary rule is necessary for the conservation and management of the
South Atlantic golden tilefish component of 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 622.43(a) 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.
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 17B and located at 50 CFR 622.49(b)(1)(ii)
have already been subject to notice and comment and authorize the AA to
file a notification with the Office of the Federal Register to reduce
the duration of the recreational fishing season the following fishing
year if an overage occurs in the prior fishing year. All that remains
is to notify the public of the reduced recreational fishing season for
golden tilefish for the 2011 fishing year.
[[Page 61285]]
Additionally, there is a need to immediately notify the public of the
reduced recreational fishing season for golden tilefish for the 2011
fishing year, since golden tilefish are overfished and undergoing
overfishing and this waiver will help further protect the South
Atlantic golden tilefish resource. Also, providing prior notice and
opportunity for public comment on this action would be contrary to the
public interest because many of those affected by the length of the
recreational fishing season, 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
reduced recreational fishing season.
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: September 29, 2011.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-25536 Filed 9-29-11; 4:15 pm]
BILLING CODE 3510-22-P
