Accountability Measures for the Recreational Sector of Gray Triggerfish in the Gulf of Mexico for the 2012 Fishing Year, 32913-32914 [2012-13463]
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Federal Register / Vol. 77, No. 107 / Monday, June 4, 2012 / Rules and Regulations
Dated: May 30, 2012.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
through regulations at 50 CFR part 622
under the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act).
[FR Doc. 2012–13528 Filed 6–1–12; 8:45 am]
Background
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 120417412–2412–01]
RIN 0648–XCO36
Accountability Measures for the
Recreational Sector of Gray Triggerfish
in the Gulf of Mexico for the 2012
Fishing Year
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements
accountability measures (AMs) for the
recreational sector of gray triggerfish in
the Gulf of Mexico (Gulf) for the 2012
fishing year through this final temporary
rule. Based on the projected recreational
landings estimates, NMFS determined
that the recreational annual catch target
(ACT) for Gulf gray triggerfish will be
met by June 11, 2012. Therefore, NMFS
closes the recreational sector for Gulf
gray triggerfish on June 11, 2012, and it
will remain closed through December
31, 2012. This action is necessary to
reduce overfishing of the Gulf gray
triggerfish resource.
DATES: This rule is effective 12:01 a.m.,
local time on June 11, 2012, until 12:01
a.m., local time on January 1, 2013.
ADDRESSES: Electronic copies of
documents supporting the final
temporary rule implementing gray
triggerfish management measures (77 FR
28308, May 14, 2012), 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.
SUMMARY:
pmangrum on DSK3VPTVN1PROD with RULES
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 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
VerDate Mar<15>2010
15:10 Jun 01, 2012
Jkt 226001
The Magnuson-Stevens Act requires
NMFS and regional fishery management
councils to prevent overfishing and
achieve, on a continuing basis, the
optimum yield 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. To
accomplish this, the Magnuson-Stevens
Act implemented new requirements that
annual catch limits (ACLs) and AMs be
established to end overfishing and
prevent overfishing from occurring.
AMs are management controls to
prevent ACLs from being exceeded, and
to correct or mitigate overages of the
ACL if they occur.
The Southeast Data, Assessment, and
Review (SEDAR) completed a
benchmark stock assessment for gray
triggerfish 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 SEDAR update
stock 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.
The Council is 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 May 14,
2012, NMFS published a final
temporary rule to reduce overfishing of
gray triggerfish on an interim basis (77
FR 28308). The final temporary rule is
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
32913
effective May 14, 2012, through
November 10, 2012.
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 were used to set the
commercial and recreational sectorspecific ACLs. The acceptable biological
catch (ABC) recommended by the
Council’s Scientific and Statistical
Committee (SSC), after their review of
the 2011 update assessment, was
305,300 lb (138,482 kg), round weight.
Based on the allocations established in
Amendment 30A to the FMP, the final
temporary rule set, on an interim basis,
a reduced commercial ACL of 64,100 lb
(29,075 kg), round weight, and a
reduced recreational ACL of 241,200 lb
(109,406 kg), round weight.
NMFS applied the Council’s ACL/
ACT control rule to the sector-specific
ACLs to set the sector-specific ACTs as
described in the final temporary rule.
Therefore, on an interim basis, the final
temporary rule set the commercial ACT
(commercial quota) at 60,900 lb (27,624
kg), round weight, and the recreational
ACT at 217,100 lb (98,475 kg), round
weight.
To reduce the risk of overfishing,
Amendment 30A to the FMP established
gray triggerfish post-season AMs. The
regulations at 50 CFR 622.49(a)(2)(ii),
stated that if the recreational ACL of
457,000 lb (207,291 kg) was exceeded,
NMFS would reduce the length of the
following year’s fishing season by the
amount necessary to ensure that
recreational landings did not exceed the
recreational ACT during the following
year. Recreational landings were to be
evaluated relative to the ACL based on
a 3-year running average of landings, as
described in the FMP. The recreational
ACL for 2010 and 2011 was 457,000 lb
(207,291 kg). The recreational ACT for
2010 and 2011 was 405,000 lb (183,705
kg). The 2011 ACL was exceeded by
4,549 lb (2,063 kg). Recreational
landings were compared to a 3-year
running average (as described in the
FMP) relative to the ACL, and for 2011,
average landings for 2009–2011 were
used. Despite the overage in 2011,
average landings for 2009–2011
(384,910 lb (174,592 kg)) were below the
457,000 lb (207,291 kg) ACL, and AMs
were not triggered.
Based on recent trends in recreational
landings and anticipated future
recreational effort, the Council and
NMFS determined that there is a
reasonable probability that the
recreational sector will exceed its ACL
in future years. Therefore, the final
temporary rule established an in-season
AM for the recreational sector to
E:\FR\FM\04JNR1.SGM
04JNR1
32914
Federal Register / Vol. 77, No. 107 / Monday, June 4, 2012 / Rules and Regulations
pmangrum on DSK3VPTVN1PROD with RULES
prohibit the recreational harvest of gray
triggerfish (a recreational sector closure)
if the recreational ACT is reached or
projected to be reached. This in-season
AM is intended to provide an additional
level of protection to ensure that the
recreational ACL is not exceeded and
that the risk of overfishing will be
reduced. The final temporary rule also
implemented a post-season AM, similar
to the post-season AM in Amendment
30A, except in the final temporary rule,
the ACL overage is based on a single
year of landings instead of a 3-year
running average.
Based on the 2012 projected
recreational landings estimates, the
recreational ACT for Gulf gray
triggerfish will be met by June 11, 2012.
Therefore, NMFS implements the inseason AM and will close the
recreational sector for Gulf gray
triggerfish on June 11, 2012. The
recreational sector will remain closed
through December 31, 2012. This action
is necessary to reduce overfishing of the
Gulf gray triggerfish resource.
Classification
This action responds to the best
scientific information available. The
Regional Administrator, Southeast
Region, NMFS, has determined this
temporary rule is necessary for the
conservation and management of Gulf
gray triggerfish and is consistent with
the Magnuson-Stevens Act and other
applicable laws.
This action is taken under 50 CFR
622.49(a)(17)(ii) 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. The AMs state that NMFS will file
a notification with the Office of the
Federal Register to close the recreational
sector for Gulf gray triggerfish for the
remainder of the fishing year if
recreational landings reach or are
projected to reach the recreational ACT
specified in 50 CFR 622.49(a)(17)(ii). All
that remains is to notify the public of
the reduced recreational fishing season
for gray triggerfish for the remainder of
the fishing year. Additionally, there is a
need to immediately notify the public of
the reduced recreational fishing season
for gray triggerfish, since gray triggerfish
are overfished and undergoing
overfishing and this waiver will help
further protect the Gulf gray triggerfish
resource.
VerDate Mar<15>2010
15:10 Jun 01, 2012
Jkt 226001
Allowing prior notice and
opportunity for public comment is
contrary to the public interest because
of the need to immediately implement
this action to protect the gray triggerfish
resource. Prior notice and opportunity
for public comment would require time
and would potentially result in a
harvest well in excess of the established
quota. 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
Assistant Administrator, NMFS, 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: May 30, 2012.
Carrie Selberg,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2012–13463 Filed 5–30–12; 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–XC025
Snapper-Grouper Fishery of the South
Atlantic; 2012 Recreational
Accountability Measure and Closure
for South Atlantic Golden Tilefish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements
accountability measures (AMs) for the
recreational sector of golden tilefish in
the South Atlantic for the 2012 fishing
year through this temporary rule.
Average recreational landings from 2010
and 2011 exceeded the recreational
annual catch limit (ACL) for golden
tilefish. To account for this overage and
to prevent an overage in 2012, this rule
reduces the length of the 2012
recreational fishing season and NMFS
closes the recreational sector for golden
tilefish on June 8, 2012. This closure is
SUMMARY:
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
necessary to protect the golden tilefish
resource.
DATES: This rule is effective 12:01 a.m.,
local time, June 8, 2012, until 12:01
a.m., local time, January 1, 2013.
ADDRESSES: Copies of the final rule for
Amendment 17B to the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP), (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, email:
Catherine.Bruger@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic, which includes golden tilefish,
is managed under the 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.
The final rule for Amendment 17B
established ACLs for eight snappergrouper species in the FMP undergoing
overfishing, including golden tilefish,
and AMs to be implemented if these
ACLs are reached or exceeded (75 FR
82280, December 30, 2010).
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 Assistant Administrator, NMFS
(AA) will file notification with the
Office of the Federal Register 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
average of 2010 and 2011 recreational
landings are compared to the ACL.
Finalized landings data from the NMFS
Southeast Fisheries Science Center
E:\FR\FM\04JNR1.SGM
04JNR1
]]>Agencies
[Federal Register Volume 77, Number 107 (Monday, June 4, 2012)]
[Rules and Regulations]
[Pages 32913-32914]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13463]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120417412-2412-01]
RIN 0648-XCO36
Accountability Measures for the Recreational Sector of Gray
Triggerfish in the Gulf of Mexico for the 2012 Fishing Year
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS implements accountability measures (AMs) for the
recreational sector of gray triggerfish in the Gulf of Mexico (Gulf)
for the 2012 fishing year through this final temporary rule. Based on
the projected recreational landings estimates, NMFS determined that the
recreational annual catch target (ACT) for Gulf gray triggerfish will
be met by June 11, 2012. Therefore, NMFS closes the recreational sector
for Gulf gray triggerfish on June 11, 2012, and it will remain closed
through December 31, 2012. This action is necessary to reduce
overfishing of the Gulf gray triggerfish resource.
DATES: This rule is effective 12:01 a.m., local time on June 11, 2012,
until 12:01 a.m., local time on January 1, 2013.
ADDRESSES: Electronic copies of documents supporting the final
temporary rule implementing gray triggerfish management measures (77 FR
28308, May 14, 2012), 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 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 Fishery Conservation and Management Act
(Magnuson-Stevens Act).
Background
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing and achieve, on a continuing
basis, the optimum yield 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. To
accomplish this, the Magnuson-Stevens Act implemented new requirements
that annual catch limits (ACLs) and AMs be established to end
overfishing and prevent overfishing from occurring. AMs are management
controls to prevent ACLs from being exceeded, and to correct or
mitigate overages of the ACL if they occur.
The Southeast Data, Assessment, and Review (SEDAR) completed a
benchmark stock assessment for gray triggerfish 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 SEDAR update stock 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.
The Council is 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 May 14, 2012, NMFS published a final
temporary rule to reduce overfishing of gray triggerfish on an interim
basis (77 FR 28308). The final temporary rule is effective May 14,
2012, through November 10, 2012.
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 were used to set the commercial and
recreational sector-specific ACLs. The acceptable biological catch
(ABC) recommended by the Council's Scientific and Statistical Committee
(SSC), after their review of the 2011 update assessment, was 305,300 lb
(138,482 kg), round weight. Based on the allocations established in
Amendment 30A to the FMP, the final temporary rule set, on an interim
basis, a reduced commercial ACL of 64,100 lb (29,075 kg), round weight,
and a reduced recreational ACL of 241,200 lb (109,406 kg), round
weight.
NMFS applied the Council's ACL/ACT control rule to the sector-
specific ACLs to set the sector-specific ACTs as described in the final
temporary rule. Therefore, on an interim basis, the final temporary
rule set the commercial ACT (commercial quota) at 60,900 lb (27,624
kg), round weight, and the recreational ACT at 217,100 lb (98,475 kg),
round weight.
To reduce the risk of overfishing, Amendment 30A to the FMP
established gray triggerfish post-season AMs. The regulations at 50 CFR
622.49(a)(2)(ii), stated that if the recreational ACL of 457,000 lb
(207,291 kg) was exceeded, NMFS would reduce the length of the
following year's fishing season by the amount necessary to ensure that
recreational landings did not exceed the recreational ACT during the
following year. Recreational landings were to be evaluated relative to
the ACL based on a 3-year running average of landings, as described in
the FMP. The recreational ACL for 2010 and 2011 was 457,000 lb (207,291
kg). The recreational ACT for 2010 and 2011 was 405,000 lb (183,705
kg). The 2011 ACL was exceeded by 4,549 lb (2,063 kg). Recreational
landings were compared to a 3-year running average (as described in the
FMP) relative to the ACL, and for 2011, average landings for 2009-2011
were used. Despite the overage in 2011, average landings for 2009-2011
(384,910 lb (174,592 kg)) were below the 457,000 lb (207,291 kg) ACL,
and AMs were not triggered.
Based on recent trends in recreational landings and anticipated
future recreational effort, the Council and NMFS determined that there
is a reasonable probability that the recreational sector will exceed
its ACL in future years. Therefore, the final temporary rule
established an in-season AM for the recreational sector to
[[Page 32914]]
prohibit the recreational harvest of gray triggerfish (a recreational
sector closure) if the recreational ACT is reached or projected to be
reached. This in-season AM is intended to provide an additional level
of protection to ensure that the recreational ACL is not exceeded and
that the risk of overfishing will be reduced. The final temporary rule
also implemented a post-season AM, similar to the post-season AM in
Amendment 30A, except in the final temporary rule, the ACL overage is
based on a single year of landings instead of a 3-year running average.
Based on the 2012 projected recreational landings estimates, the
recreational ACT for Gulf gray triggerfish will be met by June 11,
2012. Therefore, NMFS implements the in-season AM and will close the
recreational sector for Gulf gray triggerfish on June 11, 2012. The
recreational sector will remain closed through December 31, 2012. This
action is necessary to reduce overfishing of the Gulf gray triggerfish
resource.
Classification
This action responds to the best scientific information available.
The Regional Administrator, Southeast Region, NMFS, has determined this
temporary rule is necessary for the conservation and management of Gulf
gray triggerfish and is consistent with the Magnuson-Stevens Act and
other applicable laws.
This action is taken under 50 CFR 622.49(a)(17)(ii) 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. The AMs state that NMFS will file a
notification with the Office of the Federal Register to close the
recreational sector for Gulf gray triggerfish for the remainder of the
fishing year if recreational landings reach or are projected to reach
the recreational ACT specified in 50 CFR 622.49(a)(17)(ii). All that
remains is to notify the public of the reduced recreational fishing
season for gray triggerfish for the remainder of the fishing year.
Additionally, there is a need to immediately notify the public of the
reduced recreational fishing season for gray triggerfish, since gray
triggerfish are overfished and undergoing overfishing and this waiver
will help further protect the Gulf gray triggerfish resource.
Allowing prior notice and opportunity for public comment is
contrary to the public interest because of the need to immediately
implement this action to protect the gray triggerfish resource. Prior
notice and opportunity for public comment would require time and would
potentially result in a harvest well in excess of the established
quota. 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 Assistant Administrator, NMFS,
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: May 30, 2012.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-13463 Filed 5-30-12; 4:15 pm]
BILLING CODE 3510-22-P
