Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Gray Triggerfish Management Measures, 28308-28310 [2012-11663]
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28308
Federal Register / Vol. 77, No. 93 / Monday, May 14, 2012 / Rules and Regulations
This temporary rule has been
determined to be not significant for
purposes of Executive Order 12866.
The AA finds good cause under 5
U.S.C. 553(b)(B) to waive prior notice
and the opportunity for public comment
because they are impracticable and
contrary to the public interest. This
temporary rule delays the start date of
the 2012–2013 commercial fishing
season for black sea bass from June 1,
2012 to July 1, 2012, to allow NMFS to
finalize and implement the final rule for
Amendment 18A. Amendment 18A
contains several management measures
intended to slow the black sea bass
harvest rate and help ensure black sea
bass landings remain below the ACL to
allow the biomass to increase. The
management measures also address the
derby-style fishery (i.e., the race to fish)
that has developed in the commercial
sector.
If the start date to the snapper-grouper
fishery is not delayed, then the fishery
will likely experience negative
biological and economic impacts. As
stated above, if the commercial sector
opens before the effort-limiting
provisions contained in Amendment
18A are implemented, the commercial
ACL will likely be reached very quickly,
and the commercial sector could close
even earlier than last year. Too many
black sea bass flooding the market
simultaneously gluts markets, which
can affect the overall profitability for
snapper-grouper fishermen and create
unstable market conditions for dealers.
NMFS expects management measures
contained in Amendment 18A will help
lengthen the commercial fishing season
for black sea bass, which should help to
stabilize the market and preserve a
significant economic opportunity for
snapper-grouper fishermen. Moreover, if
the start date is not delayed, the derby
fishing conditions would continue to
exist until NMFS is able to implement
the provisions of Amendment 18A. As
mentioned above, this style of fishing
may lead to safety-at-sea issues due to
the short periods of increased effort
where vessels compete to maximize
harvest prior to the ACL being reached.
Therefore, NMFS needs to implement
this temporary rule as soon as possible
to provide notice to commercial black
sea bass pot fishermen that the
commercial fishing season will be
delayed until July 1, 2012, and to allow
them time to revise their business
strategies.
For similar reasons, the AA also finds
good cause to waive the 30-day delay in
effectiveness of the action under 5
U.S.C. 553(d)(3). Delaying this rules
effectiveness will allow the black sea
bass commercial sector to open on July
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1, 2012, rather than on June 1, 2012. The
earlier start to the black sea bass
commercial season could result in a race
to fish, which in turn could result in
safety-at-sea issues, as well as glut the
market for black sea bass by flooding it
with product and depressing prices.
Finally, delaying this rule’s
effectiveness may increase the risk that
black sea bass will continue to be
harvested at a fast pace and could result
in black sea bass exceeding its ACL.
Accordingly, delaying the rule’s
effectiveness is contrary to the public
interest, and the 30-day delay in
effectiveness is hereby waived.
Because prior notice and opportunity
for public comment are not required for
this rule by 5 U.S.C. 553 or any other
law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq. are inapplicable.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico,
Reporting and recordkeeping
requirements, Virgin Islands.
Dated: May 9, 2012.
Samuel D. Rauch III,
Acting Assistant Administrator for Fisheries,
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 § 622.30, paragraph (e) is
suspended and paragraph (f) is added to
read as follows:
■
§ 622.30
Fishing years.
*
*
*
*
*
(f) South Atlantic black sea bass—(1)
The fishing year for the black sea bass
bag limit specified in § 622.39(d)(1)(vii)
is June 1 through May 31.
(2) The fishing year for the black sea
bass quota specified in § 622.42(e)(5) is
July 1 through May 31.
[FR Doc. 2012–11661 Filed 5–11–12; 8:45 am]
BILLING CODE 3510–22–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 120417412–2412–01]
RIN 0648–BB90
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; Gray
Triggerfish Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final temporary rule; request for
comments.
AGENCY:
This final temporary rule,
issued pursuant to NMFS’ authority to
issue interim rules under the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act), implements interim measures to
reduce overfishing of gray triggerfish in
the Gulf of Mexico (Gulf). This rule
reduces the gray triggerfish commercial
quota (commercial annual catch target
(ACT)), commercial and recreational
annual catch limits (ACLs), and
recreational ACT. Additionally, this
final temporary rule revises the
recreational accountability measures
(AMs) for gray triggerfish. At its April
meeting, the Gulf of Mexico Fishery
Management Council (Council)
requested NMFS promulgate interim
measures to reduce overfishing of gray
triggerfish. The rule will be effective for
180 days, unless superseded by
subsequent rulemaking, although NMFS
may extend the rule’s effectiveness for
an additional 186 days pursuant to the
Magnuson-Stevens Act. The intended
effect of this final temporary rule is to
reduce overfishing of the gray triggerfish
resource in the Gulf while the Council
develops permanent management
measures.
DATES: This final temporary rule is
effective May 14, 2012, through
November 10, 2012. Comments may be
submitted through June 13, 2012.
ADDRESSES: You may submit comments
on the final temporary rule identified by
‘‘NOAA–NMFS–2012–0085’’ by any of
the following methods:
• Electronic submissions: Submit
electronic comments via the Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
‘‘Instructions’’ for submitting comments.
• Mail: Peter Hood, Southeast
Regional Office, NMFS, 263 13th
Avenue South, St. Petersburg, FL 33701.
SUMMARY:
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emcdonald on DSK29S0YB1PROD with RULES
Federal Register / Vol. 77, No. 93 / Monday, May 14, 2012 / Rules and Regulations
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information. NMFS will
accept anonymous comments (enter N/
A in the required field if you wish to
remain anonymous).
To submit comments through the
Federal e-Rulemaking Portal: https://
www.regulations.gov, enter ‘‘NOAA–
NMFS–2012–0085’’ in the search field
and click on ‘‘search.’’ After you locate
the document ‘‘Fisheries of the
Caribbean, Gulf of Mexico, and South
Atlantic; Reef Fish Fishery of the Gulf
of Mexico; Gray Triggerfish
Management Measures,’’ click the
‘‘Submit a Comment’’ link in that row.
This will display the comment web
form. You can then enter your submitter
information (unless you prefer to remain
anonymous), and type your comment on
the web form. You can also attach
additional files (up to 10 MB) in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
Comments received through means
not specified in this rule will not be
considered.
For further assistance with submitting
a comment, see the ‘‘Commenting’’
section at https://www.regulations.gov/
#!faqs or the Help section at https://
www.regulations.gov.
Electronic copies of documents
supporting this proposed rule, which
include a draft environmental impact
statement and a regulatory flexibility
analysis, may be obtained from the
Southeast Regional Office Web site at
https://sero.nmfs.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Peter Hood, telephone: 727–824–5305 or
email: Peter.Hood@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef
fish fishery of the Gulf of Mexico is
managed under the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico (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 Act. The
Magnuson-Stevens Act provides the
legal authority for the promulgation of
interim regulations under section 305(c)
(16 U.S.C. 1855(c)).
Background
The Magnuson-Stevens Act requires
NMFS and regional fishery management
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councils to prevent overfishing and
achieve, on a continuing basis, the
optimum yield (OY) from federally
managed fish stocks. These mandates
are intended to ensure that fishery
resources are managed for the greatest
overall benefit to the nation, particularly
with respect to providing food
production and recreational
opportunities, and protecting marine
ecosystems. To further this goal, the
Magnuson-Stevens Act requires fishery
managers to end overfishing of stocks
and to minimize bycatch and bycatch
mortality to the extent practicable.
Status of the Gray Triggerfish Stock
The last Southeast Data, Assessment,
and Review (SEDAR) benchmark stock
assessment for gray triggerfish was
completed in 2006 (SEDAR 9). SEDAR
9 indicated that the gray triggerfish
stock was both overfished and possibly
undergoing overfishing. Subsequently,
Amendment 30A to the FMP established
a gray triggerfish rebuilding plan
beginning in the 2008 fishing year (73
FR 38139, July 3, 2008). In 2011, a
SEDAR update stock assessment for gray
triggerfish determined that the gray
triggerfish stock was still overfished and
was additionally undergoing
overfishing. The 2011 update
assessment indicated the 2008 gray
triggerfish rebuilding plan had not made
adequate progress toward ending
overfishing and rebuilding the stock as
described in the rebuilding plan in
Amendment 30A to the FMP. NMFS
informed the Council of this
determination in a letter dated March
13, 2012. NMFS also requested that the
Council work to end overfishing of gray
triggerfish immediately and to revise the
gray triggerfish stock rebuilding plan.
The Council has begun developing
more permanent measures to end
overfishing and rebuild the gray
triggerfish stock in Amendment 37 to
the FMP. However, these measures will
not likely be implemented until the end
of the 2012 fishing year or at the
beginning of the 2013 fishing year.
Therefore, on April 19, 2012, the
Council requested that NMFS
implement a temporary rule to reduce
overfishing of gray triggerfish on an
interim basis.
Management Measures Contained in
This Final Temporary Rule
The Council’s Scientific and
Statistical Committee (SSC) reviewed
the gray triggerfish 2011 SEDAR update
assessment. The SSC recommended that
the gray triggerfish 2012 and 2013
fishing years acceptable biological
catches (ABC) be set at 305,300 lb
(138,346 kg), whole weight. Based on
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28309
this recommendation, the commercial
and recreational ACLs and ACTs for the
gray triggerfish need to be updated.
According to the National Standard 1
guidelines (74 FR 3178, January 16,
2009), ACLs are defined as the highest
level of landings for either a stock or
fishing sector that is acceptable to
maintain an adequate stock size and to
prevent overfishing. ACTs are targets
that provide a buffer, less than the ACL,
to account for management uncertainty.
ACLs and ACTs may both be
implemented as triggers for AMs. AMs
are management measures implemented
to ensure ACLS are not exceeded or
mitigate if ACLs are exceeded. AMs may
be implemented to reduce overfishing or
prevent overfishing from occurring.
In Amendment 30A to the FMP, the
Council established a 21 percent
commercial and 79 percent recreational
allocation of the gray triggerfish ABC.
These allocations are used to set the
commercial and recreational sectorspecific ACLs. The ABC recommended
by the SSC is 305,300 lb (138,482 kg),
whole weight. Based on the allocations
established in Amendment 30A to the
FMP, this rule sets, on a temporary
basis, a reduced commercial ACL of
64,100 lb (29,075 kg), whole weight, and
a reduced recreational ACL of 241,200
lb (109,406 kg), whole weight.
NMFS applied the ACL/ACT control
rule to the sector ACLs to set the sectorspecific ACTs. This control rule was
developed and utilized in the final rule
implementing the Generic Annual Catch
Limit Amendment (76 FR 82044,
December 29, 2011) so that the Council
and NMFS could take into account
management uncertainty when
assigning ACLs and ACTs. The control
rule specified a buffer between the
commercial ACL and commercial ACT
of 5 percent, and between the
recreational ACL and recreational ACT
of 10 percent. Therefore, this rule sets,
on a temporary basis, the commercial
ACT (commercial quota) at 60,900 lb
(27,624 kg), whole weight, and the
recreational ACT at 217,100 lb (98,475
kg), whole weight. Currently, there is a
commercial gray triggerfish quota in
place, which functions as the
commercial ACT.
To reduce the risk of overfishing,
Amendment 30A to the FMP established
gray triggerfish AMs. For the
commercial sector, there are currently
both in-season and post-season AMs.
The in-season AM closes the
commercial sector after the commercial
quota (commercial ACT) is reached or
projected to be reached. Additionally, if
the commercial ACL is exceeded despite
the quota closure, the post-season AM
would reduce the following year’s
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Federal Register / Vol. 77, No. 93 / Monday, May 14, 2012 / Rules and Regulations
commercial quota (commercial ACT) by
the amount of the prior-year’s
commercial ACL overage.
For the recreational sector, there is
currently no in-season AM, but a postseason AM is in effect. For the
recreational sector, if the recreational
ACL is exceeded, NMFS will reduce the
length of the following year’s fishing
season by the amount necessary to
ensure that recreational landings do not
exceed the recreational ACT during the
following year.
In 2008, recreational landings
exceeded both the recreational ACT and
ACL. In 2009, the recreational ACT was
exceeded. However, in 2010,
recreational landings did not exceed the
ACT or ACL. Reduced 2010 recreational
landings may be attributable to fishery
closures that were implemented that
year as a result of the Deepwater
Horizon MC252 oil spill. Based on
recent trends in recreational landings
and anticipated future recreational
effort, the Council and NMFS have
determined that there is a reasonable
probability that the recreational sector
will exceed its ACL in future years. The
implementation of an in-season AM
would reduce this risk. This temporary
rule establishes an in-season AM for the
recreational sector to prohibit the
recreational harvest of gray triggerfish (a
recreational sector closure) after the
recreational ACT is reached or projected
to be reached. This in-season AM would
provide an additional level of protection
to ensure that the recreational ACL is
not exceeded and that the risk of
overfishing will be reduced.
emcdonald on DSK29S0YB1PROD with RULES
Future Action
NMFS has determined that this
temporary final rule is necessary to
reduce overfishing of gray triggerfish in
the Gulf. This rule will be effective for
not more than 180 days after
publication, as authorized by section
305(c) of the Magnuson-Stevens Act.
This temporary final rule could be
extended for an additional 186 days,
provided that the public has had an
opportunity to comment on the rule.
NMFS and the Council will continue to
develop more permanent measures to
reduce overfishing of gray triggerfish
through Amendment 37 to the FMP.
Classification
This action is issued pursuant to
section 305(c) of the Magnuson-Stevens
Act, 16 U.S.C. 1855(c). The Assistant
Administrator for Fisheries, NOAA
(AA), has determined that this final
temporary rule is necessary to reduce
overfishing and to achieve OY for the
gray triggerfish component of the reef
fish fishery in the Gulf EEZ and is
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consistent with the Magnuson-Stevens
Act and other applicable laws.
This final temporary rule has been
determined to be not significant for
purposes of Executive Order 12866.
The AA finds good cause under 5
U.S.C. 553(b)(B) to waive prior notice
and the opportunity for public
comment. Providing prior notice and
the opportunity for public comment
would be contrary to the public interest
because delaying the implementation of
this rule is likely to allow overfishing of
gray triggerfish to continue. Gray
triggerfish are currently undergoing
overfishing and are overfished, so any
delay would undermine the intent of the
rule. If this rule is not implemented
immediately, NMFS will likely be
required to implement more severe
reductions in gray triggerfish catch
limits, which could have higher
socioeconomic impacts on Gulf reef fish
fishermen. NMFS was not able to
implement this rulemaking any sooner
because the scientific review of the most
recent gray triggerfish stock assessment,
upon which this rule is based on, was
only recently completed. Any delay in
the implementation of these revised
catch limits would allow harvest to
continue at a level that is not consistent
with National Standard 1 of the
Magnuson-Stevens Act. Comments
submitted on this final temporary rule
through the Federal e-Rulemaking
Portal: https://www.regulations.gov and
received by NMFS no later than June 13,
2012, will be considered during any
possible subsequent rulemaking relative
to this final temporary rule, such as an
extension of this rule.
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).
Because prior notice and opportunity
for public comment are not required for
this rule by 5 U.S.C. 553 or any other
law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq. are inapplicable.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico,
Reporting and recordkeeping
requirements, Virgin Islands.
Dated: May 9, 2012.
Samuel D. Rauch III,
Acting Assistant Administrator for Fisheries,
National Marine Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622 is amended
as follows:
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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 § 622.42, paragraph (a)(1)(vi) is
suspended and paragraph (a)(1)(vii) is
added to read as follows:
■
§ 622.42
Quotas.
*
*
*
*
*
(a) * * *
(1) * * *
(vii) Gray triggerfish—60,900 lb
(27,624 kg), round weight.
*
*
*
*
*
■ 3. In § 622.49, paragraph (a)(2) is
suspended and paragraph (a)(17) is
added to read as follows:
§ 622.49 Annual catch limits (ACLs) and
accountability measures (AMs).
(a) * * *
(17) Gray triggerfish—(i) Commercial
sector. If commercial landings, as
estimated by the SRD, reach or are
projected to reach the commercial ACT
(commercial quota) specified in
§ 622.42(a)(1)(vii), the AA will file a
notification with the Office of the
Federal Register to close the commercial
sector for the remainder of the fishing
year. In addition, if despite such
closure, commercial landings exceed the
commercial ACL, 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 commercial ACT
(commercial quota) for that following
year by the amount the prior-year ACL
was exceeded. The commercial ACL is
64,100 lb (29,075 kg), round weight.
(ii) Recreational sector. If recreational
landings, as estimated by the SRD, reach
or are projected to reach the recreational
ACT, the AA will file a notification with
the Office of the Federal Register to
close the recreational sector for the
remainder of the fishing year. In
addition, if despite such closure,
recreational landings exceed the
recreational ACL, the AA will file a
notification with the Office of the
Federal Register to reduce the length of
the following recreational fishing season
by the amount necessary to ensure
recreational landings do not exceed the
recreational ACT for that following
fishing year. The recreational ACT is
217,100 lb (98,475 kg), round weight.
The recreational ACL is 241,200 lb
(109,406 kg), round weight.
*
*
*
*
*
[FR Doc. 2012–11663 Filed 5–11–12; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 77, Number 93 (Monday, May 14, 2012)]
[Rules and Regulations]
[Pages 28308-28310]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11663]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120417412-2412-01]
RIN 0648-BB90
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Gray Triggerfish Management
Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final temporary rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This final temporary rule, issued pursuant to NMFS' authority
to issue interim rules under the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act), implements interim measures
to reduce overfishing of gray triggerfish in the Gulf of Mexico (Gulf).
This rule reduces the gray triggerfish commercial quota (commercial
annual catch target (ACT)), commercial and recreational annual catch
limits (ACLs), and recreational ACT. Additionally, this final temporary
rule revises the recreational accountability measures (AMs) for gray
triggerfish. At its April meeting, the Gulf of Mexico Fishery
Management Council (Council) requested NMFS promulgate interim measures
to reduce overfishing of gray triggerfish. The rule will be effective
for 180 days, unless superseded by subsequent rulemaking, although NMFS
may extend the rule's effectiveness for an additional 186 days pursuant
to the Magnuson-Stevens Act. The intended effect of this final
temporary rule is to reduce overfishing of the gray triggerfish
resource in the Gulf while the Council develops permanent management
measures.
DATES: This final temporary rule is effective May 14, 2012, through
November 10, 2012. Comments may be submitted through June 13, 2012.
ADDRESSES: You may submit comments on the final temporary rule
identified by ``NOAA-NMFS-2012-0085'' by any of the following methods:
Electronic submissions: Submit electronic comments via the
Federal e-Rulemaking Portal: https://www.regulations.gov. Follow the
``Instructions'' for submitting comments.
Mail: Peter Hood, Southeast Regional Office, NMFS, 263
13th Avenue South, St. Petersburg, FL 33701.
[[Page 28309]]
Instructions: All comments received are a part of the public record
and will generally be posted to https://www.regulations.gov without
change. All Personal Identifying Information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information. NMFS will accept
anonymous comments (enter N/A in the required field if you wish to
remain anonymous).
To submit comments through the Federal e-Rulemaking Portal: https://www.regulations.gov, enter ``NOAA-NMFS-2012-0085'' in the search field
and click on ``search.'' After you locate the document ``Fisheries of
the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of
the Gulf of Mexico; Gray Triggerfish Management Measures,'' click the
``Submit a Comment'' link in that row. This will display the comment
web form. You can then enter your submitter information (unless you
prefer to remain anonymous), and type your comment on the web form. You
can also attach additional files (up to 10 MB) in Microsoft Word,
Excel, WordPerfect, or Adobe PDF file formats only.
Comments received through means not specified in this rule will not
be considered.
For further assistance with submitting a comment, see the
``Commenting'' section at https://www.regulations.gov/#!faqs or the Help
section at https://www.regulations.gov.
Electronic copies of documents supporting this proposed rule, which
include a draft environmental impact statement and a regulatory
flexibility analysis, may be obtained from the Southeast Regional
Office Web site at https://sero.nmfs.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Peter Hood, telephone: 727-824-5305 or
email: Peter.Hood@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico
is managed under the Fishery Management Plan for the Reef Fish
Resources of the Gulf of Mexico (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 Act. The Magnuson-Stevens Act
provides the legal authority for the promulgation of interim
regulations under section 305(c) (16 U.S.C. 1855(c)).
Background
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing and achieve, on a continuing
basis, the optimum yield (OY) from federally managed fish stocks. These
mandates are intended to ensure that fishery resources are managed for
the greatest overall benefit to the nation, particularly with respect
to providing food production and recreational opportunities, and
protecting marine ecosystems. To further this goal, the Magnuson-
Stevens Act requires fishery managers to end overfishing of stocks and
to minimize bycatch and bycatch mortality to the extent practicable.
Status of the Gray Triggerfish Stock
The last Southeast Data, Assessment, and Review (SEDAR) benchmark
stock assessment for gray triggerfish was completed in 2006 (SEDAR 9).
SEDAR 9 indicated that the gray triggerfish stock was both overfished
and possibly undergoing overfishing. Subsequently, Amendment 30A to the
FMP established a gray triggerfish rebuilding plan beginning in the
2008 fishing year (73 FR 38139, July 3, 2008). In 2011, a SEDAR update
stock assessment for gray triggerfish determined that the gray
triggerfish stock was still overfished and was additionally undergoing
overfishing. The 2011 update assessment indicated the 2008 gray
triggerfish rebuilding plan had not made adequate progress toward
ending overfishing and rebuilding the stock as described in the
rebuilding plan in Amendment 30A to the FMP. NMFS informed the Council
of this determination in a letter dated March 13, 2012. NMFS also
requested that the Council work to end overfishing of gray triggerfish
immediately and to revise the gray triggerfish stock rebuilding plan.
The Council has begun developing more permanent measures to end
overfishing and rebuild the gray triggerfish stock in Amendment 37 to
the FMP. However, these measures will not likely be implemented until
the end of the 2012 fishing year or at the beginning of the 2013
fishing year. Therefore, on April 19, 2012, the Council requested that
NMFS implement a temporary rule to reduce overfishing of gray
triggerfish on an interim basis.
Management Measures Contained in This Final Temporary Rule
The Council's Scientific and Statistical Committee (SSC) reviewed
the gray triggerfish 2011 SEDAR update assessment. The SSC recommended
that the gray triggerfish 2012 and 2013 fishing years acceptable
biological catches (ABC) be set at 305,300 lb (138,346 kg), whole
weight. Based on this recommendation, the commercial and recreational
ACLs and ACTs for the gray triggerfish need to be updated.
According to the National Standard 1 guidelines (74 FR 3178,
January 16, 2009), ACLs are defined as the highest level of landings
for either a stock or fishing sector that is acceptable to maintain an
adequate stock size and to prevent overfishing. ACTs are targets that
provide a buffer, less than the ACL, to account for management
uncertainty. ACLs and ACTs may both be implemented as triggers for AMs.
AMs are management measures implemented to ensure ACLS are not exceeded
or mitigate if ACLs are exceeded. AMs may be implemented to reduce
overfishing or prevent overfishing from occurring.
In Amendment 30A to the FMP, the Council established a 21 percent
commercial and 79 percent recreational allocation of the gray
triggerfish ABC. These allocations are used to set the commercial and
recreational sector-specific ACLs. The ABC recommended by the SSC is
305,300 lb (138,482 kg), whole weight. Based on the allocations
established in Amendment 30A to the FMP, this rule sets, on a temporary
basis, a reduced commercial ACL of 64,100 lb (29,075 kg), whole weight,
and a reduced recreational ACL of 241,200 lb (109,406 kg), whole
weight.
NMFS applied the ACL/ACT control rule to the sector ACLs to set the
sector-specific ACTs. This control rule was developed and utilized in
the final rule implementing the Generic Annual Catch Limit Amendment
(76 FR 82044, December 29, 2011) so that the Council and NMFS could
take into account management uncertainty when assigning ACLs and ACTs.
The control rule specified a buffer between the commercial ACL and
commercial ACT of 5 percent, and between the recreational ACL and
recreational ACT of 10 percent. Therefore, this rule sets, on a
temporary basis, the commercial ACT (commercial quota) at 60,900 lb
(27,624 kg), whole weight, and the recreational ACT at 217,100 lb
(98,475 kg), whole weight. Currently, there is a commercial gray
triggerfish quota in place, which functions as the commercial ACT.
To reduce the risk of overfishing, Amendment 30A to the FMP
established gray triggerfish AMs. For the commercial sector, there are
currently both in-season and post-season AMs. The in-season AM closes
the commercial sector after the commercial quota (commercial ACT) is
reached or projected to be reached. Additionally, if the commercial ACL
is exceeded despite the quota closure, the post-season AM would reduce
the following year's
[[Page 28310]]
commercial quota (commercial ACT) by the amount of the prior-year's
commercial ACL overage.
For the recreational sector, there is currently no in-season AM,
but a post-season AM is in effect. For the recreational sector, if the
recreational ACL is exceeded, NMFS will reduce the length of the
following year's fishing season by the amount necessary to ensure that
recreational landings do not exceed the recreational ACT during the
following year.
In 2008, recreational landings exceeded both the recreational ACT
and ACL. In 2009, the recreational ACT was exceeded. However, in 2010,
recreational landings did not exceed the ACT or ACL. Reduced 2010
recreational landings may be attributable to fishery closures that were
implemented that year as a result of the Deepwater Horizon MC252 oil
spill. Based on recent trends in recreational landings and anticipated
future recreational effort, the Council and NMFS have determined that
there is a reasonable probability that the recreational sector will
exceed its ACL in future years. The implementation of an in-season AM
would reduce this risk. This temporary rule establishes an in-season AM
for the recreational sector to prohibit the recreational harvest of
gray triggerfish (a recreational sector closure) after the recreational
ACT is reached or projected to be reached. This in-season AM would
provide an additional level of protection to ensure that the
recreational ACL is not exceeded and that the risk of overfishing will
be reduced.
Future Action
NMFS has determined that this temporary final rule is necessary to
reduce overfishing of gray triggerfish in the Gulf. This rule will be
effective for not more than 180 days after publication, as authorized
by section 305(c) of the Magnuson-Stevens Act. This temporary final
rule could be extended for an additional 186 days, provided that the
public has had an opportunity to comment on the rule. NMFS and the
Council will continue to develop more permanent measures to reduce
overfishing of gray triggerfish through Amendment 37 to the FMP.
Classification
This action is issued pursuant to section 305(c) of the Magnuson-
Stevens Act, 16 U.S.C. 1855(c). The Assistant Administrator for
Fisheries, NOAA (AA), has determined that this final temporary rule is
necessary to reduce overfishing and to achieve OY for the gray
triggerfish component of the reef fish fishery in the Gulf EEZ and is
consistent with the Magnuson-Stevens Act and other applicable laws.
This final temporary rule has been determined to be not significant
for purposes of Executive Order 12866.
The AA finds good cause under 5 U.S.C. 553(b)(B) to waive prior
notice and the opportunity for public comment. Providing prior notice
and the opportunity for public comment would be contrary to the public
interest because delaying the implementation of this rule is likely to
allow overfishing of gray triggerfish to continue. Gray triggerfish are
currently undergoing overfishing and are overfished, so any delay would
undermine the intent of the rule. If this rule is not implemented
immediately, NMFS will likely be required to implement more severe
reductions in gray triggerfish catch limits, which could have higher
socioeconomic impacts on Gulf reef fish fishermen. NMFS was not able to
implement this rulemaking any sooner because the scientific review of
the most recent gray triggerfish stock assessment, upon which this rule
is based on, was only recently completed. Any delay in the
implementation of these revised catch limits would allow harvest to
continue at a level that is not consistent with National Standard 1 of
the Magnuson-Stevens Act. Comments submitted on this final temporary
rule through the Federal e-Rulemaking Portal: https://www.regulations.gov and received by NMFS no later than June 13, 2012,
will be considered during any possible subsequent rulemaking relative
to this final temporary rule, such as an extension of this rule.
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).
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553 or any other law, the analytical
requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq.
are inapplicable.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: May 9, 2012.
Samuel D. Rauch III,
Acting Assistant Administrator for Fisheries, 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. 622.42, paragraph (a)(1)(vi) is suspended and paragraph
(a)(1)(vii) is added to read as follows:
Sec. 622.42 Quotas.
* * * * *
(a) * * *
(1) * * *
(vii) Gray triggerfish--60,900 lb (27,624 kg), round weight.
* * * * *
0
3. In Sec. 622.49, paragraph (a)(2) is suspended and paragraph (a)(17)
is added to read as follows:
Sec. 622.49 Annual catch limits (ACLs) and accountability measures
(AMs).
(a) * * *
(17) Gray triggerfish--(i) Commercial sector. If commercial
landings, as estimated by the SRD, reach or are projected to reach the
commercial ACT (commercial quota) specified in Sec. 622.42(a)(1)(vii),
the AA will file a notification with the Office of the Federal Register
to close the commercial sector for the remainder of the fishing year.
In addition, if despite such closure, commercial landings exceed the
commercial ACL, 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 commercial ACT (commercial quota) for that following
year by the amount the prior-year ACL was exceeded. The commercial ACL
is 64,100 lb (29,075 kg), round weight.
(ii) Recreational sector. If recreational landings, as estimated by
the SRD, reach or are projected to reach the recreational ACT, the AA
will file a notification with the Office of the Federal Register to
close the recreational sector for the remainder of the fishing year. In
addition, if despite such closure, recreational landings exceed the
recreational ACL, the AA will file a notification with the Office of
the Federal Register to reduce the length of the following recreational
fishing season by the amount necessary to ensure recreational landings
do not exceed the recreational ACT for that following fishing year. The
recreational ACT is 217,100 lb (98,475 kg), round weight. The
recreational ACL is 241,200 lb (109,406 kg), round weight.
* * * * *
[FR Doc. 2012-11663 Filed 5-11-12; 8:45 am]
BILLING CODE 3510-22-P
