2012 Accountability Measures for Gulf of Mexico Commercial Greater Amberjack and Closure of the Commercial Sector for Greater Amberjack, 19563-19564 [2012-7851]
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Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Rules and Regulations
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under the Fishery Management Plan for
Reef Fish Resources of the Gulf of
Mexico (FMP). The Gulf of Mexico
Fishery Management Council (Council)
prepared the FMP and NMFS
implements the FMP under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622.
*
[FR Doc. 2012–7860 Filed 3–30–12; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
Background
[Docket Nos. 100610255–0257–01 and
040205043–4043–01]
RIN 0648–XB074
2012 Accountability Measures for Gulf
of Mexico Commercial Greater
Amberjack and Closure of the
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 greater amberjack in the
Gulf of Mexico (Gulf) for the 2012
fishing year through this temporary final
rule, and announces the closure of the
2012 commercial sector for greater
amberjack of the Gulf reef fish fishery.
This rule reduces the 2012 commercial
quota for greater amberjack to 237,438 lb
(107,700 kg), based on the 2011 quota
overage. The commercial fishing season
opened on January 1, 2012 and is closed
March 1–May 31. The season is
scheduled to re-open on June 1,
however, NMFS has determined that the
2012 adjusted commercial quota for
Gulf greater amberjack was harvested in
January and February of 2012.
Therefore, the commercial sector for
greater amberjack will remain closed for
the remainder of the 2012 fishing year.
These actions are necessary to reduce
overfishing of the Gulf greater amberjack
resource.
DATES: This rule is effective April 2,
2012, through December 31, 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,
email Rich.Malinowski@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS
manages the reef fish fishery of the Gulf
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SUMMARY:
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15:38 Mar 30, 2012
Jkt 226001
The 2006 reauthorization of the
Magnuson-Stevens Act established new
requirements including annual catch
limits (ACLs) and AMs 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 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.
Management Measures Contained in
this Temporary Rule
Finalized 2011 commercial landings
data indicated the adjusted 2011
commercial quota of 342,091 lb (155,170
kg) was exceeded by 78 percent, or
265,562 lb (120,457 kg). Therefore, the
reduced 2012 commercial quota for Gulf
greater amberjack is 237,438 lb (107,700
kg) (i.e., 503,000-lb (228,157-kg)
commercial quota minus the overage of
265,562 lb (120,457 kg)). The NMFS
Southeast Fisheries Science Center
estimated that the commercial sector
landed 221,789 lb (100,601 kg) of greater
amberjack during the months of January
and February of 2012, and projects
subsequent updates to the landings data
will meet the adjusted 2012 commercial
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Fmt 4700
Sfmt 4700
19563
sector quota for greater amberjack of
237,438 lb (107,700 kg).
Accordingly, NMFS is closing
commercial sector harvest of greater
amberjack in the Gulf EEZ for the
remainder of the 2012 fishing year. The
operator of a vessel with a valid
commercial vessel permit for Gulf reef
fish having greater amberjack aboard
must have landed, bartered, traded, or
sold such greater amberjack prior to
12:01 a.m., local time, March 1, 2012.
During the closure, all commercial
harvest or possession of greater
amberjack in or from the Gulf 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, March 1, 2012, 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 2012 commercial quota will not
be exceeded.
The 2013 commercial quota for
greater amberjack will return to the
quota of 503,000 lb (228,157 kg)
specified at 50 CFR 622.42(a)(1)(v)
unless AMs are implemented due to a
quota overage and NMFS specifies a
reduced quota through notification in
the Federal Register, or the Council
takes subsequent regulatory action to
adjust the quota.
Classification
The Regional 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, the FMP, 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 Final
Environmental Impact Statement (FEIS)
for Amendment 30A. A notice of
availability for the FEIS was published
on April 18, 2008 (73 FR 21124). A copy
E:\FR\FM\02APR1.SGM
02APR1
19564
Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Rules and Regulations
of the FEIS 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) authorize the AA to file a
notification with the Office of the
Federal Register to close the commercial
sector for the remainder of the fishing
year when the quota is reached or
projected to be reached and reduce the
commercial quota the following fishing
year if an overage occurs. The final rule
for Amendment 30A that implemented
these AMs was already subject to notice
and comment and all that remains is to
notify the public of the 2012
commercial quota, and the closure of
the commercial sector for Gulf greater
amberjack.
Also, providing prior notice and
opportunity for public comment on this
action would be contrary to the public
interest. Given the regulatory obligation
for NMFS to announce the duration of
the commercial season in a timely
manner, it is important this
announcement be made as soon as
possible to allow affected participants
the maximum amount of time to adjust
their fishing activities to account for the
closure of the commercial 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: March 28, 2012.
Carrie Selberg,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2012–7851 Filed 3–28–12; 4:15 pm]
sroberts on DSK5SPTVN1PROD with RULES
BILLING CODE 3510–22–P
VerDate Mar<15>2010
15:38 Mar 30, 2012
Jkt 226001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 111207737–2141–02]
RIN 0648–XB142
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Catcher Vessels Using Trawl Gear in
the Central Regulatory Area of the Gulf
of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for Pacific cod by catcher vessels
(CVs) using trawl gear in the Central
Regulatory Area of the Gulf of Alaska
(GOA). This action is necessary to
prevent exceeding the A season
allowance of the 2012 Pacific cod total
allowable catch apportioned to CVs
using trawl gear in the Central
Regulatory Area of the GOA.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), April 1, 2012, through 1200
hrs, A.l.t., September 1, 2012.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
Regulations governing sideboard
protections for GOA groundfish
fisheries appear at subpart B of 50 CFR
part 680.
The A season allowance of the 2012
Pacific cod total allowable catch (TAC)
apportioned to CVs using trawl gear in
the Central Regulatory Area of the GOA
is 8,936 metric tons (mt), as established
by the final 2012 and 2013 harvest
specifications for groundfish of the GOA
(77 FR 15194, March 14, 2012).
In accordance with § 679.20(d)(1)(i),
the Administrator, Alaska Region,
NMFS (Regional Administrator) has
SUMMARY:
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Fmt 4700
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determined that the A season allowance
of the 2012 Pacific cod TAC
apportioned to CVs using trawl gear in
the Central Regulatory Area of the GOA
will soon be reached. Therefore, the
Regional Administrator is establishing a
directed fishing allowance of 7,936 mt,
and is setting aside the remaining 1,000
mt as bycatch to support other
anticipated groundfish fisheries. In
accordance with § 679.20(d)(1)(iii), the
Regional Administrator finds that this
directed fishing allowance has been
reached. Consequently, NMFS is
prohibiting directed fishing for Pacific
cod by CVs using trawl gear in the
Central Regulatory Area of the GOA.
After the effective date of this closure
the maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the directed fishing closure of
Pacific cod for CVs using trawl gear in
the Central Regulatory Area of the GOA.
NMFS was unable to publish a notice
providing time for public comment
because the most recent, relevant data
only became available as of March 26,
2012.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 28, 2012.
Carrie Selberg,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2012–7841 Filed 3–28–12; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\02APR1.SGM
02APR1
]]>Agencies
[Federal Register Volume 77, Number 63 (Monday, April 2, 2012)]
[Rules and Regulations]
[Pages 19563-19564]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7851]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket Nos. 100610255-0257-01 and 040205043-4043-01]
RIN 0648-XB074
2012 Accountability Measures for Gulf of Mexico Commercial
Greater Amberjack and Closure of the 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
greater amberjack in the Gulf of Mexico (Gulf) for the 2012 fishing
year through this temporary final rule, and announces the closure of
the 2012 commercial sector for greater amberjack of the Gulf reef fish
fishery. This rule reduces the 2012 commercial quota for greater
amberjack to 237,438 lb (107,700 kg), based on the 2011 quota overage.
The commercial fishing season opened on January 1, 2012 and is closed
March 1-May 31. The season is scheduled to re-open on June 1, however,
NMFS has determined that the 2012 adjusted commercial quota for Gulf
greater amberjack was harvested in January and February of 2012.
Therefore, the commercial sector for greater amberjack will remain
closed for the remainder of the 2012 fishing year. These actions are
necessary to reduce overfishing of the Gulf greater amberjack resource.
DATES: This rule is effective April 2, 2012, through December 31, 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, email Rich.Malinowski@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS manages the reef fish fishery of the
Gulf under the Fishery Management Plan for Reef Fish Resources of the
Gulf of Mexico (FMP). The Gulf of Mexico Fishery Management Council
(Council) prepared the FMP and NMFS implements the FMP 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 including annual catch limits (ACLs) and AMs 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 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.
Management Measures Contained in this Temporary Rule
Finalized 2011 commercial landings data indicated the adjusted 2011
commercial quota of 342,091 lb (155,170 kg) was exceeded by 78 percent,
or 265,562 lb (120,457 kg). Therefore, the reduced 2012 commercial
quota for Gulf greater amberjack is 237,438 lb (107,700 kg) (i.e.,
503,000-lb (228,157-kg) commercial quota minus the overage of 265,562
lb (120,457 kg)). The NMFS Southeast Fisheries Science Center estimated
that the commercial sector landed 221,789 lb (100,601 kg) of greater
amberjack during the months of January and February of 2012, and
projects subsequent updates to the landings data will meet the adjusted
2012 commercial sector quota for greater amberjack of 237,438 lb
(107,700 kg).
Accordingly, NMFS is closing commercial sector harvest of greater
amberjack in the Gulf EEZ for the remainder of the 2012 fishing year.
The operator of a vessel with a valid commercial vessel permit for Gulf
reef fish having greater amberjack aboard must have landed, bartered,
traded, or sold such greater amberjack prior to 12:01 a.m., local time,
March 1, 2012.
During the closure, all commercial harvest or possession of greater
amberjack in or from the Gulf 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, March 1, 2012, 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 2012 commercial quota
will not be exceeded.
The 2013 commercial quota for greater amberjack will return to the
quota of 503,000 lb (228,157 kg) specified at 50 CFR 622.42(a)(1)(v)
unless AMs are implemented due to a quota overage and NMFS specifies a
reduced quota through notification in the Federal Register, or the
Council takes subsequent regulatory action to adjust the quota.
Classification
The Regional 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, the FMP,
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 Final Environmental Impact Statement (FEIS) for
Amendment 30A. A notice of availability for the FEIS was published on
April 18, 2008 (73 FR 21124). A copy
[[Page 19564]]
of the FEIS 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)
authorize the AA to file a notification with the Office of the Federal
Register to close the commercial sector for the remainder of the
fishing year when the quota is reached or projected to be reached and
reduce the commercial quota the following fishing year if an overage
occurs. The final rule for Amendment 30A that implemented these AMs was
already subject to notice and comment and all that remains is to notify
the public of the 2012 commercial quota, and the closure of the
commercial sector for Gulf greater amberjack.
Also, providing prior notice and opportunity for public comment on
this action would be contrary to the public interest. Given the
regulatory obligation for NMFS to announce the duration of the
commercial season in a timely manner, it is important this announcement
be made as soon as possible to allow affected participants the maximum
amount of time to adjust their fishing activities to account for the
closure of the commercial 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: March 28, 2012.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-7851 Filed 3-28-12; 4:15 pm]
BILLING CODE 3510-22-P
