Snapper-Grouper Fishery of the South Atlantic; 2012 Recreational Accountability Measure and Closure for South Atlantic Golden Tilefish, 32914-32915 [2012-13464]
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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
Federal Register / Vol. 77, No. 107 / Monday, June 4, 2012 / Rules and Regulations
pmangrum on DSK3VPTVN1PROD with RULES
indicate that the recreational golden
tilefish ACL was exceeded by 2,805 fish
in 2010 and by 8,286 fish in 2011.
Therefore, this temporary rule
implements an AM to reduce the fishing
season for the recreational golden
tilefish component of the snappergrouper fishery in 2012. NMFS used the
average landings from the 2010 and
2011 fishing years (5,546 fish) to
determine a reduced recreational season
for the 2012 fishing year. Only the first
two months of Marine Recreational
Fisheries Statistical Survey (MRFSS)
data were available for 2012, with
reported landings of 1,012 fish. Because
average 2010 and 2011 landings
exceeded the ACL, and 2012 landings
are extremely close to the ACL after
only two months, AMs require the
season to be shortened to prevent the
ACL from being exceeded. As a result of
this reduced season, the recreational
sector for golden tilefish will be closed
effective 12:01 a.m., local time June 8,
2012.
During the closure, the bag and
possession limit for golden tilefish in or
from the South Atlantic exclusive
economic zone is zero. The recreational
sector for golden tilefish will reopen on
January 1, 2013, the beginning of the
2013 recreational fishing season.
VerDate Mar<15>2010
15:10 Jun 01, 2012
Jkt 226001
Classification
The Regional Administrator,
Southeast Region, NMFS, (RA) has
determined this temporary rule is
necessary for the conservation and
management of the South Atlantic
golden tilefish component of the South
Atlantic snapper-grouper fishery and is
consistent with the Magnuson-Stevens
Act and other applicable laws.
This action is taken under
§ 622.49(b)(1)(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. Such procedures are unnecessary
because the AMs established by
Amendment 17B and located at 50 CFR
622.49(b)(1)(ii) have already been
subject to notice and comment and
authorize the AA to file a notification
with the Office of the Federal Register
to reduce the duration of the
recreational fishing season the following
fishing year if an overage occurs. All
that remains is to notify the public of
the reduced recreational fishing season
PO 00000
Frm 00035
Fmt 4700
Sfmt 9990
32915
for golden tilefish for the 2012 fishing
year. Additionally, there is a need to
immediately notify the public of the
reduced recreational fishing season for
golden tilefish for the 2012 fishing year,
to prevent further golden tilefish
recreational harvest and prevent the
ACL from being exceeded, which will
protect the South Atlantic golden
tilefish resource. Also, providing prior
notice and opportunity for public
comment on this action would be
contrary to the public interest because
many of those affected by the length of
the recreational fishing season,
particularly charter vessel and headboat
operations, book trips for clients in
advance and, therefore need as much
time as possible to adjust business plans
to account for the reduced recreational
fishing season.
For the aforementioned reasons, the
AA also finds good cause to waive the
30-day delay in the effectiveness of this
action under 5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: May 30, 2012.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2012–13464 Filed 5–30–12; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\04JNR1.SGM
04JNR1
]]>Agencies
[Federal Register Volume 77, Number 107 (Monday, June 4, 2012)]
[Rules and Regulations]
[Pages 32914-32915]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13464]
-----------------------------------------------------------------------
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
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 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 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 Snapper-Grouper 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
snapper-grouper 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
[[Page 32915]]
indicate that the recreational golden tilefish ACL was exceeded by
2,805 fish in 2010 and by 8,286 fish in 2011. Therefore, this temporary
rule implements an AM to reduce the fishing season for the recreational
golden tilefish component of the snapper-grouper fishery in 2012. NMFS
used the average landings from the 2010 and 2011 fishing years (5,546
fish) to determine a reduced recreational season for the 2012 fishing
year. Only the first two months of Marine Recreational Fisheries
Statistical Survey (MRFSS) data were available for 2012, with reported
landings of 1,012 fish. Because average 2010 and 2011 landings exceeded
the ACL, and 2012 landings are extremely close to the ACL after only
two months, AMs require the season to be shortened to prevent the ACL
from being exceeded. As a result of this reduced season, the
recreational sector for golden tilefish will be closed effective 12:01
a.m., local time June 8, 2012.
During the closure, the bag and possession limit for golden
tilefish in or from the South Atlantic exclusive economic zone is zero.
The recreational sector for golden tilefish will reopen on January 1,
2013, the beginning of the 2013 recreational fishing season.
Classification
The Regional Administrator, Southeast Region, NMFS, (RA) has
determined this temporary rule is necessary for the conservation and
management of the South Atlantic golden tilefish component of the South
Atlantic snapper-grouper fishery and is consistent with the Magnuson-
Stevens Act and other applicable laws.
This action is taken under Sec. 622.49(b)(1)(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. Such procedures are unnecessary because the AMs
established by Amendment 17B and located at 50 CFR 622.49(b)(1)(ii)
have already been subject to notice and comment and authorize the AA to
file a notification with the Office of the Federal Register to reduce
the duration of the recreational fishing season the following fishing
year if an overage occurs. All that remains is to notify the public of
the reduced recreational fishing season for golden tilefish for the
2012 fishing year. Additionally, there is a need to immediately notify
the public of the reduced recreational fishing season for golden
tilefish for the 2012 fishing year, to prevent further golden tilefish
recreational harvest and prevent the ACL from being exceeded, which
will protect the South Atlantic golden tilefish resource. Also,
providing prior notice and opportunity for public comment on this
action would be contrary to the public interest because many of those
affected by the length of the recreational fishing season, particularly
charter vessel and headboat operations, book trips for clients in
advance and, therefore need as much time as possible to adjust business
plans to account for the reduced recreational fishing season.
For the aforementioned reasons, the AA also finds good cause to
waive the 30-day delay in the effectiveness of this action under 5
U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: May 30, 2012.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-13464 Filed 5-30-12; 4:15 pm]
BILLING CODE 3510-22-P
