Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Red Grouper Management Measures, 67618-67620 [2011-28409]
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67618
§ 80.1113
Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 2011 / Rules and Regulations
Transmission of a distress alert.
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(b) The format of distress calls and
distress messages must be in accordance
with ITU–R M.493–13 and ITU–R
M.541–9 (both incorporated by
reference, see § 80.7), as specified in
§ 80.1101.
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■ 49. Section 80.1117 is amended by
revising paragraph (a) to read as follows:
§ 80.1117 Procedure for receipt and
acknowledgement of distress alerts.
(a) Normally, distress calls received
using digital selective calling are only
acknowledged using a DSC
acknowledgement by a coast station.
Ships should delay any
acknowledgement in order to give
sufficient time for a coast station to
acknowledge the call. In cases where no
acknowledgement has been heard and
no distress traffic has been heard, the
ship should transmit a distress alert
relay to the coast station. Upon advice
from the Rescue Coordination Center,
the ship may transmit a DSC
acknowledgement call to stop it from
being repeated. Acknowledgement by
digital selective calling of receipt of a
distress alert in the terrestrial services
must comply with ITU–R M.541–9
(incorporated by reference, see § 80.7).
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■ 50. Section 80.1125 is amended by
revising paragraph (b) to read as follows:
§ 80.1125 Search and rescue coordinating
communications.
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(b) Error correction techniques, in
accordance with ITU–R M.625–3
(incorporated by reference, see § 80.7),
as specified in § 80.1101, must be used
for distress traffic by direct-printing
telegraphy. All messages must be
preceded by at least one carriage return,
a line feed signal, a letter shift signal
and the distress signal MAYDAY.
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■ 51. Section 80.1127 is amended by
revising paragraph (c) to read as follows:
§ 80.1127
On-scene communications.
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(c) The preferred frequencies in
radiotelephony for on-scene
communications are 156.8 MHz and
2182 kHz. The frequency 2174.5 kHz
may also be used for ship-to-ship onscene communications using narrowband direct-printing telegraphy in the
forward error correcting mode in
accordance with ITU–R M.625–3
(incorporated by reference, see § 80.7),
as specified in § 80.1101.
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52. Section 80.1129 is amended by
revising paragraph (d) to read as
follows:
■
§ 80.1129
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Locating and homing signals.
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(d) The 9 GHz locating signals must
be in accordance with ITU–R M.628–4
(incorporated by reference, see § 80.7),
as specified in § 80.1101.
50 CFR Part 622
[Docket No. 110819519–1640–02]
RIN 0648–BB22
■
53. Section 80.1131 is amended by
revising paragraph (j) to read as follows:
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; Red
Grouper Management Measures
§ 80.1131 Transmissions of urgency
communications.
AGENCY:
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(j) Error correction techniques, in
accordance with ITU–R M.625–3
(incorporated by reference, see § 80.7),
as specified in § 80.1101, must be used
for urgency messages by direct-printing
telegraphy. All messages must be
preceded by at least one carriage return,
a line feed signal, a letter shift signal,
and the urgency signal PAN PAN.
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54. Section 80.1133 is amended by
revising paragraph (g) to read as follows:
■
§ 80.1133 Transmission of safety
communications.
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(g) Error correction techniques, in
accordance with ITU–R M.625–3
(incorporated by reference, see § 80.7),
as specified in § 80.1101, must be used
for safety messages by direct-printing
telegraphy. All messages must be
preceded by at least one carriage return,
a line feed signal, a letter shift signal,
and the safety signal SECURITE.
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55. Section 80.1135 is amended by
revising paragraph (b) to read as follows:
■
§ 80.1135 Transmission of maritime safety
information.
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(b) The mode and format of the
transmissions mentioned in this section
is in accordance with ITU–R M.540–2
(incorporated by reference, see § 80.7) as
specified in § 80.1101.
*
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*
[FR Doc. 2011–27587 Filed 11–1–11; 8:45 am]
BILLING CODE 6712–01–P
PO 00000
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
NMFS issues this final rule to
implement the management actions
described in 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
2011 commercial quota for red grouper,
and thereby increases the 2011
commercial quota for shallow water
grouper (SWG), sets the commercial
quota for red grouper and SWG from
2012 to 2015 and subsequent fishing
years, and increases the red grouper
recreational bag limit from two to four
fish within the current four-fish grouper
aggregate bag limit. The increase in the
recreational bag limit will allow the
recreational sector to more effectively
harvest the increase in the recreational
allocation established in the regulatory
amendment. The intended effect of this
final rule is to help prevent overfishing
of red grouper while achieving optimum
yield (OY) by increasing the red grouper
harvest consistent with the findings of
the recent 2010 re-run of the stock
assessment for this species using
updated information.
DATES: This rule is effective November
2, 2011.
ADDRESSES: Electronic copies of the
regulatory amendment, which includes
an environmental assessment and a
regulatory impact review, may be
obtained from the Southeast Regional
Office Web site at https://
sero.nmfs.noaa.gov/sf/
GrouperSnapperandReefFish.htm.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Peter Hood, Southeast Regional Office,
NMFS, telephone: (727) 824–5305,
email: Peter.Hood@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef
fish fishery of the Gulf of Mexico (Gulf)
is managed under the FMP. The FMP
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sroberts on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 2011 / Rules and Regulations
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 September 21, 2011, NMFS
published a proposed rule for the 2011
red grouper regulatory amendment and
requested public comment (76 FR
58455). 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 is
provided below.
This final rule increases the
commercial quota and the recreational
allocation for Gulf red grouper and
thereby increases the Gulf red grouper
total allowable catch (TAC). This final
rule increases the Gulf red grouper 2011
commercial quota from 4.32 million lb
(1.96 million kg) to 5.23 million lb (2.82
million kg). This rule also sets the Gulf
red grouper commercial quotas for 2012
to 2015 at 5.37 million lb (2.37 million
kg) for 2012, 5.53 million lb (2.44
million kg) for 2013, 5.63 million lb
(2.51 million kg) for 2014, and 5.72
million lb (2.59 million kg) for 2015,
and subsequent fishing years. However,
these increases in the red grouper
commercial quota are contingent upon
the TAC not being exceeded in the
previous fishing year (regardless of
which sector is responsible for any
overage). Increases in the Gulf red
grouper commercial quotas from 2012 to
2015 will correspondingly increase the
SWG quota to 6.21 million lb (2.82
million kg) for 2012, 6.37 million lb
(2.89 million kg) for 2013, 6.47 million
lb (2.93 million kg) for 2014, and 6.56
million lb (2.98 million kg) for 2015,
and subsequent fishing years. Increases
in the SWG quota are contingent upon
the red grouper TAC or gag TAC not
being exceeded in the previous fishing
year.
This rule also increases the
recreational allocation of Gulf red
grouper for 2011 from 1.36 million lb
(0.62 million kg) to 1.65 million lb (0.75
million kg). The recreational allocation
for 2012 to 2015 would be 1.70 million
lb (0.78 million kg) for 2012, 1.74
million lb (0.79 million kg) for 2013,
1.78 million lb (0.81 million kg) for
2014, and 1.80 million lb (0.82 million
kg) for 2015, and subsequent fishing
years.
Given the increase in the recreational
allocation and that the recreational
sector’s harvest has been less than catch
targets in recent years, a relaxation of
recreational management measures is
warranted. This final rule increases the
Gulf red grouper recreational bag limit
VerDate Mar<15>2010
15:56 Nov 01, 2011
Jkt 226001
from two to four fish. Amendment 32 to
the FMP, currently under development,
would establish an adaptive
management approach for this new bag
limit through an accountability
measure. Under Amendment 32, if the
red grouper recreational ACL is
exceeded, the bag limit would be
reduced for the subsequent year by one
fish (with a two-fish bag limit as the
lowest bag limit allowable under this
accountability measure).
Comments and Responses
NMFS received seven letters on the
proposed rule; one from an industry
organization and six from individuals.
Three of the letters supported the
proposed rule, and are not addressed
here. Four letters opposed some or all of
the management measures. These letters
contained two distinct comments to the
rule, which are addressed below.
Comment 1: Two comments from forhire operators indicated they would
prefer maintaining the current two-fish
bag limit if the February 1 to March 31
seasonal closure could be lifted. The
commenters stated that the current 2month closure limits their ability to
market fishing trips.
Response: Because the red grouper
closed season for the 2011 fishing year
has already passed, the Council only
evaluated increasing the recreational
bag limit to allow the recreational sector
to more fully harvest its increased
allocation and achieve OY specifically
for the 2011 fishing year. If the bag limit
was not increased, then the ability of the
recreational sector to harvest its
allocation for the 2011 fishing year
would be reduced. The current February
1 through March 31 seasonal closure for
SWG, which includes red grouper, was
implemented through Amendment 30B
to the FMP (April 16, 2009, 74 FR
17603). The current closure was
implemented to co-manage gag and red
grouper and constrain the recreational
gag harvest while simultaneously
allowing the stock to increase and allow
the red grouper harvest to be harvested
as close to OY as possible. As the gag
stock rebuilds, the Council may
examine management alternatives to the
current closed season.
Comment 2: Two comments, one from
the for-hire sector and one from the
commercial sector, suggested the
increases in the red grouper recreational
bag limit and quota were too large. The
for-hire captain supported a three-red
grouper bag limit, and both commenters
supported a reduced quota increase.
Response: The Council evaluated bag
limit analyses from Amendment 30B to
the FMP, which indicated the increase
in the recreational sector’s allocation
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Fmt 4700
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67619
could support a four-fish bag limit.
However, to ensure this bag limit
increase does not lead to overfishing,
the Council has submitted for approval
by the Secretary of Commerce an
accountability measure (AM) in
Amendment 32 to the FMP that would
decrease the recreational bag limit if the
recreational annual catch limit (ACL) is
exceeded in a fishing year. Additional
recreational AMs implemented through
Amendment 30B and proposed in
Amendment 32 will allow for
recreational seasonal closures should
landings indicate the recreational
sector’s ACL is projected to be met or
exceeded.
The rerun of the 2009 update
assessment for red grouper supports the
910,000 lb (412,769 kg) increase in the
commercial quota. This quota is less
than the current ACL for the commercial
sector for red grouper. The commercial
harvest of red grouper is managed under
the Gulf grouper-tilefish individual
fishing quota (IFQ) program. The IFQ
program functions as an AM for the
commercial sector because the program
closely monitors commercial landings
and IFQ participants are limited to their
specific IFQ allocation each fishing
year. Therefore, it is unlikely the
commercial ACL would be exceeded
during a fishing year.
Classification
The Regional Administrator,
Southeast Region, NMFS has
determined that this final rule is
necessary for the conservation and
management of red grouper in the Gulf
of Mexico and is consistent with the
Magnuson-Stevens Act and other
applicable laws.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule is not repeated here. No
comments were received regarding this
certification. As a result, a regulatory
flexibility analysis was not required and
none was prepared.
NMFS finds good cause under 5
U.S.C. 553(d) to waive the delay in
effective date for this rule. Delaying the
effectiveness of this final rule is
unnecessary and contrary to the public
interest. This rule increases the 2011
commercial quota for red grouper,
which in turn increases the 2011
E:\FR\FM\02NOR1.SGM
02NOR1
67620
Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 2011 / Rules and Regulations
commercial quota for SWG and the red
grouper recreational bag limit to four
fish. These measures will benefit
commercial and recreational fishermen,
and will not have any adverse affects on
the grouper stocks in the Gulf of
Mexico. Additionally, the immediate
effectiveness of this final rule will allow
fishermen to more effectively harvest
the increase in the red grouper and SWG
quota and red grouper recreational bag
limit established in the regulatory
amendment during the current fishing
season. Delaying implementation of
these measures could result in red
grouper fishermen not having the
opportunity to achieve OY from the
stock, because the sectors would have
insufficient time to harvest the quota
increase before the fishing year’s end. A
delay would thus diminish the social
and economic benefits for red grouper
fishermen this rule provides, and
undermine the purpose of the rule itself.
Finally, this rule creates no new duties,
obligations, or requirements for the
regulated community that would
necessitate delaying this rule’s
effectiveness to allow them to come into
compliance with it. Indeed, parties
regulated by this rule can continue to
conduct their operations without
modification even after this rule is in
effect. Thus, delaying the rule’s
effectiveness is unnecessary and
contrary to the public interest.
List of Subjects in 50 CFR Part 622
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Fisheries, Fishing, Puerto Rico,
Reporting and recordkeeping
requirements, Virgin Islands.
VerDate Mar<15>2010
15:56 Nov 01, 2011
Jkt 226001
Dated: October 28, 2011.
John Oliver
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
For the reasons set out in the
preamble, 50 CFR part 622 is amended
as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF, AND SOUTH
ATLANTIC
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.39, the first sentence in
paragraph (b)(1)(ii) is revised to read as
follows:
■
§ 622.39
Bag and possession limits.
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*
*
*
*
(b) * * *
(1) * * *
(ii) Groupers, combined, excluding
goliath grouper and Nassau grouper—4
per person per day, but not to exceed 1
speckled hind or 1 warsaw grouper per
vessel per day, or 2 gag per person per
day. * * *
*
*
*
*
*
■ 3. In § 622.42, two sentences are
added after the first sentence in the
introductory text and paragraphs
(a)(1)(iii)(A) and (C) are revised to read
as follows:
§ 622.42
Quotas.
* * * Annual quota increases are
contingent on the total allowable catch
for the applicable species not being
PO 00000
Frm 00040
Fmt 4700
Sfmt 9990
exceeded in the previous fishing year. If
the total allowable catch is exceeded in
the previous fishing year, the RA will
file a notification with the Office of the
Federal Register to maintain the quota
for the applicable species from the
previous fishing year for following
fishing years, unless the best scientific
information available determines
maintaining the quota from the previous
year is unnecessary. * * *
(a) * * *
(1) * * *
(iii) * * *
(A) SWG combined. (1) For fishing
year 2011—6.07 million lb (2.75 million
kg).
(2) For fishing year 2012—6.21
million lb (2.82 million kg).
(3) For fishing year 2013—6.37
million lb (2.89 million kg).
(4) For fishing year 2014—6.47
million lb (2.93 million kg).
(5) For fishing year 2015 and
subsequent fishing years—6.56 million
lb (2.98 million kg).
*
*
*
*
*
(C) Red grouper. (1) For fishing year
2011—5.23 million lb (2.82 million kg).
(2) For fishing year 2012—5.37
million lb (2.37 million kg).
(3) For fishing year 2013—5.53
million lb (2.44 million kg).
(4) For fishing year 2014—5.63
million lb (2.51 million kg).
(5) For fishing year 2015 and
subsequent fishing years—5.72 million
lb (2.59 million kg).
*
*
*
*
*
[FR Doc. 2011–28409 Filed 10–28–11; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\02NOR1.SGM
02NOR1
]]>Agencies
[Federal Register Volume 76, Number 212 (Wednesday, November 2, 2011)]
[Rules and Regulations]
[Pages 67618-67620]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28409]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 110819519-1640-02]
RIN 0648-BB22
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Red Grouper Management
Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule to implement the management
actions described in 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 2011 commercial quota for red grouper, and thereby
increases the 2011 commercial quota for shallow water grouper (SWG),
sets the commercial quota for red grouper and SWG from 2012 to 2015 and
subsequent fishing years, and increases the red grouper recreational
bag limit from two to four fish within the current four-fish grouper
aggregate bag limit. The increase in the recreational bag limit will
allow the recreational sector to more effectively harvest the increase
in the recreational allocation established in the regulatory amendment.
The intended effect of this final rule is to help prevent overfishing
of red grouper while achieving optimum yield (OY) by increasing the red
grouper harvest consistent with the findings of the recent 2010 re-run
of the stock assessment for this species using updated information.
DATES: This rule is effective November 2, 2011.
ADDRESSES: Electronic copies of the regulatory amendment, which
includes an environmental assessment and a regulatory impact review,
may be obtained from the Southeast Regional Office Web site at https://sero.nmfs.noaa.gov/sf/GrouperSnapperandReefFish.htm.
FOR FURTHER INFORMATION CONTACT: Peter Hood, Southeast Regional Office,
NMFS, telephone: (727) 824-5305, email: Peter.Hood@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico
(Gulf) is managed under the FMP. The FMP
[[Page 67619]]
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 September 21, 2011, NMFS published a proposed rule for the 2011
red grouper regulatory amendment and requested public comment (76 FR
58455). 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 is provided below.
This final rule increases the commercial quota and the recreational
allocation for Gulf red grouper and thereby increases the Gulf red
grouper total allowable catch (TAC). This final rule increases the Gulf
red grouper 2011 commercial quota from 4.32 million lb (1.96 million
kg) to 5.23 million lb (2.82 million kg). This rule also sets the Gulf
red grouper commercial quotas for 2012 to 2015 at 5.37 million lb (2.37
million kg) for 2012, 5.53 million lb (2.44 million kg) for 2013, 5.63
million lb (2.51 million kg) for 2014, and 5.72 million lb (2.59
million kg) for 2015, and subsequent fishing years. However, these
increases in the red grouper commercial quota are contingent upon the
TAC not being exceeded in the previous fishing year (regardless of
which sector is responsible for any overage). Increases in the Gulf red
grouper commercial quotas from 2012 to 2015 will correspondingly
increase the SWG quota to 6.21 million lb (2.82 million kg) for 2012,
6.37 million lb (2.89 million kg) for 2013, 6.47 million lb (2.93
million kg) for 2014, and 6.56 million lb (2.98 million kg) for 2015,
and subsequent fishing years. Increases in the SWG quota are contingent
upon the red grouper TAC or gag TAC not being exceeded in the previous
fishing year.
This rule also increases the recreational allocation of Gulf red
grouper for 2011 from 1.36 million lb (0.62 million kg) to 1.65 million
lb (0.75 million kg). The recreational allocation for 2012 to 2015
would be 1.70 million lb (0.78 million kg) for 2012, 1.74 million lb
(0.79 million kg) for 2013, 1.78 million lb (0.81 million kg) for 2014,
and 1.80 million lb (0.82 million kg) for 2015, and subsequent fishing
years.
Given the increase in the recreational allocation and that the
recreational sector's harvest has been less than catch targets in
recent years, a relaxation of recreational management measures is
warranted. This final rule increases the Gulf red grouper recreational
bag limit from two to four fish. Amendment 32 to the FMP, currently
under development, would establish an adaptive management approach for
this new bag limit through an accountability measure. Under Amendment
32, if the red grouper recreational ACL is exceeded, the bag limit
would be reduced for the subsequent year by one fish (with a two-fish
bag limit as the lowest bag limit allowable under this accountability
measure).
Comments and Responses
NMFS received seven letters on the proposed rule; one from an
industry organization and six from individuals. Three of the letters
supported the proposed rule, and are not addressed here. Four letters
opposed some or all of the management measures. These letters contained
two distinct comments to the rule, which are addressed below.
Comment 1: Two comments from for-hire operators indicated they
would prefer maintaining the current two-fish bag limit if the February
1 to March 31 seasonal closure could be lifted. The commenters stated
that the current 2-month closure limits their ability to market fishing
trips.
Response: Because the red grouper closed season for the 2011
fishing year has already passed, the Council only evaluated increasing
the recreational bag limit to allow the recreational sector to more
fully harvest its increased allocation and achieve OY specifically for
the 2011 fishing year. If the bag limit was not increased, then the
ability of the recreational sector to harvest its allocation for the
2011 fishing year would be reduced. The current February 1 through
March 31 seasonal closure for SWG, which includes red grouper, was
implemented through Amendment 30B to the FMP (April 16, 2009, 74 FR
17603). The current closure was implemented to co-manage gag and red
grouper and constrain the recreational gag harvest while simultaneously
allowing the stock to increase and allow the red grouper harvest to be
harvested as close to OY as possible. As the gag stock rebuilds, the
Council may examine management alternatives to the current closed
season.
Comment 2: Two comments, one from the for-hire sector and one from
the commercial sector, suggested the increases in the red grouper
recreational bag limit and quota were too large. The for-hire captain
supported a three-red grouper bag limit, and both commenters supported
a reduced quota increase.
Response: The Council evaluated bag limit analyses from Amendment
30B to the FMP, which indicated the increase in the recreational
sector's allocation could support a four-fish bag limit. However, to
ensure this bag limit increase does not lead to overfishing, the
Council has submitted for approval by the Secretary of Commerce an
accountability measure (AM) in Amendment 32 to the FMP that would
decrease the recreational bag limit if the recreational annual catch
limit (ACL) is exceeded in a fishing year. Additional recreational AMs
implemented through Amendment 30B and proposed in Amendment 32 will
allow for recreational seasonal closures should landings indicate the
recreational sector's ACL is projected to be met or exceeded.
The rerun of the 2009 update assessment for red grouper supports
the 910,000 lb (412,769 kg) increase in the commercial quota. This
quota is less than the current ACL for the commercial sector for red
grouper. The commercial harvest of red grouper is managed under the
Gulf grouper-tilefish individual fishing quota (IFQ) program. The IFQ
program functions as an AM for the commercial sector because the
program closely monitors commercial landings and IFQ participants are
limited to their specific IFQ allocation each fishing year. Therefore,
it is unlikely the commercial ACL would be exceeded during a fishing
year.
Classification
The Regional Administrator, Southeast Region, NMFS has determined
that this final rule is necessary for the conservation and management
of red grouper in the Gulf of Mexico and is consistent with the
Magnuson-Stevens Act and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule is not repeated here. No comments were received regarding
this certification. As a result, a regulatory flexibility analysis was
not required and none was prepared.
NMFS finds good cause under 5 U.S.C. 553(d) to waive the delay in
effective date for this rule. Delaying the effectiveness of this final
rule is unnecessary and contrary to the public interest. This rule
increases the 2011 commercial quota for red grouper, which in turn
increases the 2011
[[Page 67620]]
commercial quota for SWG and the red grouper recreational bag limit to
four fish. These measures will benefit commercial and recreational
fishermen, and will not have any adverse affects on the grouper stocks
in the Gulf of Mexico. Additionally, the immediate effectiveness of
this final rule will allow fishermen to more effectively harvest the
increase in the red grouper and SWG quota and red grouper recreational
bag limit established in the regulatory amendment during the current
fishing season. Delaying implementation of these measures could result
in red grouper fishermen not having the opportunity to achieve OY from
the stock, because the sectors would have insufficient time to harvest
the quota increase before the fishing year's end. A delay would thus
diminish the social and economic benefits for red grouper fishermen
this rule provides, and undermine the purpose of the rule itself.
Finally, this rule creates no new duties, obligations, or requirements
for the regulated community that would necessitate delaying this rule's
effectiveness to allow them to come into compliance with it. Indeed,
parties regulated by this rule can continue to conduct their operations
without modification even after this rule is in effect. Thus, delaying
the rule's effectiveness is unnecessary and contrary to the public
interest.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: October 28, 2011.
John Oliver
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is amended
as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.39, the first sentence in paragraph (b)(1)(ii) is
revised to read as follows:
Sec. 622.39 Bag and possession limits.
* * * * *
(b) * * *
(1) * * *
(ii) Groupers, combined, excluding goliath grouper and Nassau
grouper--4 per person per day, but not to exceed 1 speckled hind or 1
warsaw grouper per vessel per day, or 2 gag per person per day. * * *
* * * * *
0
3. In Sec. 622.42, two sentences are added after the first sentence in
the introductory text and paragraphs (a)(1)(iii)(A) and (C) are revised
to read as follows:
Sec. 622.42 Quotas.
* * * Annual quota increases are contingent on the total allowable
catch for the applicable species not being exceeded in the previous
fishing year. If the total allowable catch is exceeded in the previous
fishing year, the RA will file a notification with the Office of the
Federal Register to maintain the quota for the applicable species from
the previous fishing year for following fishing years, unless the best
scientific information available determines maintaining the quota from
the previous year is unnecessary. * * *
(a) * * *
(1) * * *
(iii) * * *
(A) SWG combined. (1) For fishing year 2011--6.07 million lb (2.75
million kg).
(2) For fishing year 2012--6.21 million lb (2.82 million kg).
(3) For fishing year 2013--6.37 million lb (2.89 million kg).
(4) For fishing year 2014--6.47 million lb (2.93 million kg).
(5) For fishing year 2015 and subsequent fishing years--6.56
million lb (2.98 million kg).
* * * * *
(C) Red grouper. (1) For fishing year 2011--5.23 million lb (2.82
million kg).
(2) For fishing year 2012--5.37 million lb (2.37 million kg).
(3) For fishing year 2013--5.53 million lb (2.44 million kg).
(4) For fishing year 2014--5.63 million lb (2.51 million kg).
(5) For fishing year 2015 and subsequent fishing years--5.72
million lb (2.59 million kg).
* * * * *
[FR Doc. 2011-28409 Filed 10-28-11; 4:15 pm]
BILLING CODE 3510-22-P
