Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; South Atlantic Snapper-Grouper Fishery; 2012-2013 Accountability Measure and Closure for Recreational Black Sea Bass in the South Atlantic, 52261-52262 [2012-21307]
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Federal Register / Vol. 77, No. 168 / Wednesday, August 29, 2012 / Rules and Regulations
fishery, and is consistent with the 2006
Consolidated HMS FMP, other
provisions of the Magnuson-Stevens
Act, and other applicable law.
This rule has been determined to be
not significant for purposes of Executive
Order 12866.
The Chief Council for Regulation of
the Department of Commerce certified
to the Chief Council for Advocacy of the
Small Business Administration at the
proposed rule stage that this rule, if
adopted, would not have a significant
economic impact on a substantial
number of small entities. None of the
public comments submitted to NMFS
addressed the certification, and no new
information has become available that
would change this determination. As a
result, a final regulatory flexibility
analysis is not required and none has
been prepared.
List of Subjects
numbers from the Harmonized Tariff
Schedule of the United States (HTS).
(1) Bluefin tuna,
(2) Southern bluefin tuna,
(3) Frozen bigeye tuna,
(4) Swordfish, and
(5) Shark fins.
(b) For bluefin tuna, southern bluefin
tuna, frozen bigeye tuna, and swordfish,
fish parts other than meat (e.g., heads,
eyes, roe, guts, and tails) may be
imported without documentation.
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C.
1801 et seq.
Background
■
§ 635.41
[Amended]
4. In § 635.41, remove and reserve
paragraph (a).
■
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
50 CFR Part 622
Fisheries, Fishing, Fishing vessels,
Foreign relations, Imports, Penalties,
Reporting and recordkeeping
requirements, Treaties.
[Docket No. 120309176–2075–02]
RIN 0648–XC133
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; South
Atlantic Snapper-Grouper Fishery;
2012–2013 Accountability Measure and
Closure for Recreational Black Sea
Bass in the South Atlantic
Dated: August 23, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
performing the functions and duties of the
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
PART 300—INTERNATIONAL
FISHERIES REGULATIONS
1. The authority citation for part 300
continues to read as follows:
Authority: 16 U.S.C. 951–961 and 971 et
seq.; 16 U.S.C. 1801 et seq.
2. Section 300.184 is revised to read
as follows:
mstockstill on DSK4VPTVN1PROD with RULES
■
§ 300.184 Species subject to permitting,
documentation, reporting, and
recordkeeping requirements.
(a) Except as noted at (b), the
following fish or fish products are
subject to the requirements of this
subpart, regardless of ocean area of
catch, and must be accompanied by the
appropriate heading or subheading
17:09 Aug 28, 2012
Jkt 226001
NMFS implements an
accountability measure (AM) for the
black sea bass recreational sector in the
South Atlantic for the 2012–2013
fishing year through this temporary final
rule. NMFS has determined that the
annual catch limit (ACL) for the black
sea bass recreational sector has been
reached. Therefore, NMFS closes the
recreational sector of black sea bass in
the portion of the exclusive economic
zone (EEZ) of the South Atlantic
through 35°15.19′ N. lat., the latitude of
Cape Hatteras Light, North Carolina.
This closure is necessary to protect the
black sea bass resource.
DATES: This rule is effective 12:01 a.m.,
local time, September 4, 2012, through
May 31, 2013.
SUMMARY:
■
VerDate Mar<15>2010
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
For the reasons set out in the
preamble, 50 CFR parts 300 and 635 are
amended as follows:
Catherine Hayslip, telephone: 727–824–
5305, or email:
Catherine.Hayslip@noaa.gov.
3. The authority citation for part 635
continues to read as follows:
PART 635–ATLANTIC HIGHLY
MIGRATORY SPECIES
BILLING CODE 3510–22–P
Antarctica, Canada, Exports, Fish,
Fisheries, Fishing, Imports, Indians,
Labeling, Marine resources, Reporting
and recordkeeping requirements,
Russian Federation, Transportation,
Treaties, Wildlife.
FOR FURTHER INFORMATION CONTACT:
The
snapper-grouper fishery of the South
Atlantic is managed under the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP). The FMP includes black
sea bass, and it was prepared by the
South Atlantic Fishery Management
Council (Council) and is implemented
under the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act) by regulations at 50 CFR part 622.
[FR Doc. 2012–21318 Filed 8–28–12; 8:45 am]
50 CFR Part 300
52261
PO 00000
Frm 00061
Fmt 4700
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SUPPLEMENTARY INFORMATION:
Black sea bass are managed
throughout their range. In the South
Atlantic EEZ, black sea bass are
managed under the FMP by the Council
from 35°15.19′ N. lat., the latitude of
Cape Hatteras Light, North Carolina,
south to the boundary between the
South Atlantic and Gulf of Mexico
(Gulf) Councils, off of Key West,
Florida. The boundary between the
South Atlantic and Gulf Councils
coincides with the line of demarcation
between the Atlantic Ocean and the
Gulf, which begins at the intersection of
the outer boundary of the EEZ, as
specified in the Magnuson-Stevens Act,
and 83°00′ W. long., proceeds
northward along that meridian to 24°35′
N. lat., (near the Dry Tortugas Islands),
thence eastward along that parallel,
through Rebecca Shoal and the
Quicksand Shoal, to the Marquesas
Keys, and then through the Florida Keys
to the mainland at the eastern end of
Florida Bay, the line so running that the
narrow waters within the Dry Tortugas
Islands, the Marquesas Keys and the
Florida Keys, and between the Florida
Keys and the mainland, are within the
Gulf. From Cape Hatteras Light, North
Carolina, through Maine, black sea bass
are managed jointly by the Mid-Atlantic
Fishery Management Council and the
Atlantic States Marine Fisheries
Commission. Therefore, the closure
provisions contained in this notice are
applicable to those vessels harvesting or
possessing black sea bass from Cape
Hatteras Light, North Carolina, through
to the boundary between the South
Atlantic and Gulf Councils (off of Key
West, Florida), as described above.
The 2006 reauthorization of the
Magnuson-Stevens Act established new
requirements that ACLs and AMs be
implemented to end overfishing and
prevent overfishing from occurring.
AMs are management controls to
prevent ACLs from being exceeded, and
E:\FR\FM\29AUR1.SGM
29AUR1
52262
Federal Register / Vol. 77, No. 168 / Wednesday, August 29, 2012 / Rules and Regulations
to correct or mitigate the ACL if an
overage occurs.
On December 30, 2010, NMFS issued
a final rule (75 FR 82280) to implement
Amendment 17B to the FMP
(Amendment 17B). The final rule for
Amendment 17B established ACLs for
eight snapper-grouper species in the
FMP that are undergoing overfishing,
including black sea bass, and AMs if
these ACLs are reached or exceeded.
The recreational ACL for black sea bass
is 409,000 lb (185,519 kg), gutted
weight.
On June 1, 2012, NMFS issued a final
rule (77 FR 32408) to implement
Amendment 18A to the FMP
(Amendment 18A). In part, the final rule
for Amendment 18A modified the
recreational sector AMs for black sea
bass. The AMs described at 50 CFR
622.49(b)(5)(ii) require NMFS to close
the recreational sector for black sea bass
when the recreational ACL is reached,
or is projected to be reached by filing a
notification to that effect with the Office
of the Federal Register. Based on the
best scientific information available,
NMFS has determined that the black sea
bass recreational ACL of 409,000 lb
(185,519 kg), gutted weight; 482,620 lb
(218,913 kg), round weight, has been
reached. Accordingly, NMFS is
implementing the necessary AM to close
the black sea bass recreational sector in
the South Atlantic EEZ at 12:01 a.m.,
local time, on September 4, 2012, for the
remainder of the 2012–2013 fishing
year, from 35°15.19′ N. lat., the latitude
of Cape Hatteras Light, North Carolina,
south to the boundary between the
South Atlantic and Gulf Councils, as
previously described in this temporary
rule.
On, and after, the effective date of the
closure, the recreational bag and
possession limit of black sea bass in or
from the South Atlantic EEZ is zero.
This zero bag and possession limit also
applies in the South Atlantic on board
a vessel for which a valid Federal
charter vessel/headboat permit for
South Atlantic snapper-grouper has
been issued, without regard to where
such species were harvested, i.e., in
state or Federal waters. The black sea
bass recreational sector will reopen on
June 1, 2013, the start of the 2013–2014
recreational fishing season.
mstockstill on DSK4VPTVN1PROD with RULES
Classification
The Regional Administrator,
Southeast Region, NMFS, has
determined this temporary rule is
necessary for the conservation and
management of the South Atlantic black
sea bass component of the South
Atlantic snapper-grouper fishery and is
VerDate Mar<15>2010
17:09 Aug 28, 2012
Jkt 226001
consistent with the Magnuson-Stevens
Act 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 this 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 18A and located at 50 CFR
622.49(b)(5)(ii) have already been
subject to notice and comment and
authorize the Assistant Administrator
for Fisheries, NOAA, (AA) to file a
notification with the Office of the
Federal Register to close the recreational
sector for black sea bass for the
remainder of the fishing year, if
recreational landings for black sea bass,
reach or are projected to reach the
recreational sector ACL. All that
remains is to notify the public of the
closure of the recreational sector for
black sea bass for the remainder of the
2012–2013 fishing year.
Additionally, there is a need to
immediately notify the public of the
closure of the black sea bass recreational
sector because South Atlantic black sea
bass are undergoing overfishing and
there is a 10-year rebuilding plan in
place. Failure to close the recreational
harvest of black sea bass in a timely
fashion could result in negative
biological effects and affect the
rebuilding plan for black sea bass within
the timeline specified by the MagnusonStevens Act. The current ACL is
projected to have been met at this time
and the delay in effectiveness of the
actual closure date is solely to allow for
sufficient notice to the recreational
sector, including private and for-hire
fishers.
To allow for adequate notice to the
fishers while simultaneously protecting
the black sea bass resource, this
temporary rule provides notice to the
public prior to the closure of
recreational black sea bass to minimize
disruption to the activities of the
recreational sector. This notice will
provide time to schedule and prepare
for trips and to purchase the appropriate
amount of supplies.
Therefore, the timing for this
temporary rule is intended to maximize
the biological benefits to the resource
while attempting to minimize the
negative economic harm to fishermen.
For the aforementioned reasons, the
AA also finds good cause to waive the
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Frm 00062
Fmt 4700
Sfmt 4700
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: August 24, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2012–21307 Filed 8–24–12; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 111220786–1781–01]
RIN 0648–XC176
Fisheries of the Northeastern United
States; Summer Flounder Fishery;
Commercial Quota Harvested for the
Commonwealth of Massachusetts
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS announces that the
2012 summer flounder commercial
quota allocated to the Commonwealth of
Massachusetts has been harvested.
Vessels issued a commercial Federal
fisheries permit for the summer
flounder fishery may not land summer
flounder in Massachusetts for the
remainder of calendar year 2012, unless
additional quota becomes available
through a transfer from another state.
Regulations governing the summer
flounder fishery require publication of
this notification to advise Massachusetts
that the quota has been harvested and to
advise vessel permit holders and dealer
permit holders that no Federal
commercial quota is available for
landing summer flounder in
Massachusetts.
SUMMARY:
Effective at 0001 hr local time,
August 28, 2012, through 2400 hr local
time December 31, 2012.
FOR FURTHER INFORMATION CONTACT:
Carly Bari, (978) 281–9224, or
Carly.Bari@noaa.gov.
DATES:
SUPPLEMENTARY INFORMATION:
Regulations governing the summer
flounder fishery are found at 50 CFR
part 648. The regulations require annual
specification of a commercial quota that
is apportioned on a percentage basis
among the coastal states from North
Carolina through Maine. The process to
set the annual commercial quota and the
E:\FR\FM\29AUR1.SGM
29AUR1
]]>Agencies
[Federal Register Volume 77, Number 168 (Wednesday, August 29, 2012)]
[Rules and Regulations]
[Pages 52261-52262]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21307]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120309176-2075-02]
RIN 0648-XC133
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
South Atlantic Snapper-Grouper Fishery; 2012-2013 Accountability
Measure and Closure for Recreational Black Sea Bass in the South
Atlantic
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS implements an accountability measure (AM) for the black
sea bass recreational sector in the South Atlantic for the 2012-2013
fishing year through this temporary final rule. NMFS has determined
that the annual catch limit (ACL) for the black sea bass recreational
sector has been reached. Therefore, NMFS closes the recreational sector
of black sea bass in the portion of the exclusive economic zone (EEZ)
of the South Atlantic through 35[deg]15.19' N. lat., the latitude of
Cape Hatteras Light, North Carolina. This closure is necessary to
protect the black sea bass resource.
DATES: This rule is effective 12:01 a.m., local time, September 4,
2012, through May 31, 2013.
FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, telephone: 727-824-
5305, or email: Catherine.Hayslip@noaa.gov.
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic is managed under the Fishery Management Plan for the Snapper-
Grouper Fishery of the South Atlantic Region (FMP). The FMP includes
black sea bass, and it was prepared by the South Atlantic Fishery
Management Council (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
Black sea bass are managed throughout their range. In the South
Atlantic EEZ, black sea bass are managed under the FMP by the Council
from 35[deg]15.19' N. lat., the latitude of Cape Hatteras Light, North
Carolina, south to the boundary between the South Atlantic and Gulf of
Mexico (Gulf) Councils, off of Key West, Florida. The boundary between
the South Atlantic and Gulf Councils coincides with the line of
demarcation between the Atlantic Ocean and the Gulf, which begins at
the intersection of the outer boundary of the EEZ, as specified in the
Magnuson-Stevens Act, and 83[deg]00' W. long., proceeds northward along
that meridian to 24[deg]35' N. lat., (near the Dry Tortugas Islands),
thence eastward along that parallel, through Rebecca Shoal and the
Quicksand Shoal, to the Marquesas Keys, and then through the Florida
Keys to the mainland at the eastern end of Florida Bay, the line so
running that the narrow waters within the Dry Tortugas Islands, the
Marquesas Keys and the Florida Keys, and between the Florida Keys and
the mainland, are within the Gulf. From Cape Hatteras Light, North
Carolina, through Maine, black sea bass are managed jointly by the Mid-
Atlantic Fishery Management Council and the Atlantic States Marine
Fisheries Commission. Therefore, the closure provisions contained in
this notice are applicable to those vessels harvesting or possessing
black sea bass from Cape Hatteras Light, North Carolina, through to the
boundary between the South Atlantic and Gulf Councils (off of Key West,
Florida), as described above.
The 2006 reauthorization of the Magnuson-Stevens Act established
new requirements that ACLs and AMs be implemented to end overfishing
and prevent overfishing from occurring. AMs are management controls to
prevent ACLs from being exceeded, and
[[Page 52262]]
to correct or mitigate the ACL if an overage occurs.
On December 30, 2010, NMFS issued a final rule (75 FR 82280) to
implement Amendment 17B to the FMP (Amendment 17B). The final rule for
Amendment 17B established ACLs for eight snapper-grouper species in the
FMP that are undergoing overfishing, including black sea bass, and AMs
if these ACLs are reached or exceeded. The recreational ACL for black
sea bass is 409,000 lb (185,519 kg), gutted weight.
On June 1, 2012, NMFS issued a final rule (77 FR 32408) to
implement Amendment 18A to the FMP (Amendment 18A). In part, the final
rule for Amendment 18A modified the recreational sector AMs for black
sea bass. The AMs described at 50 CFR 622.49(b)(5)(ii) require NMFS to
close the recreational sector for black sea bass when the recreational
ACL is reached, or is projected to be reached by filing a notification
to that effect with the Office of the Federal Register. Based on the
best scientific information available, NMFS has determined that the
black sea bass recreational ACL of 409,000 lb (185,519 kg), gutted
weight; 482,620 lb (218,913 kg), round weight, has been reached.
Accordingly, NMFS is implementing the necessary AM to close the black
sea bass recreational sector in the South Atlantic EEZ at 12:01 a.m.,
local time, on September 4, 2012, for the remainder of the 2012-2013
fishing year, from 35[deg]15.19' N. lat., the latitude of Cape Hatteras
Light, North Carolina, south to the boundary between the South Atlantic
and Gulf Councils, as previously described in this temporary rule.
On, and after, the effective date of the closure, the recreational
bag and possession limit of black sea bass in or from the South
Atlantic EEZ is zero. This zero bag and possession limit also applies
in the South Atlantic on board a vessel for which a valid Federal
charter vessel/headboat permit for South Atlantic snapper-grouper has
been issued, without regard to where such species were harvested, i.e.,
in state or Federal waters. The black sea bass recreational sector will
reopen on June 1, 2013, the start of the 2013-2014 recreational fishing
season.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
the South Atlantic black sea bass component of the South Atlantic
snapper-grouper fishery and is consistent with the Magnuson-Stevens Act
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 this 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 18A and located at 50 CFR 622.49(b)(5)(ii)
have already been subject to notice and comment and authorize the
Assistant Administrator for Fisheries, NOAA, (AA) to file a
notification with the Office of the Federal Register to close the
recreational sector for black sea bass for the remainder of the fishing
year, if recreational landings for black sea bass, reach or are
projected to reach the recreational sector ACL. All that remains is to
notify the public of the closure of the recreational sector for black
sea bass for the remainder of the 2012-2013 fishing year.
Additionally, there is a need to immediately notify the public of
the closure of the black sea bass recreational sector because South
Atlantic black sea bass are undergoing overfishing and there is a 10-
year rebuilding plan in place. Failure to close the recreational
harvest of black sea bass in a timely fashion could result in negative
biological effects and affect the rebuilding plan for black sea bass
within the timeline specified by the Magnuson-Stevens Act. The current
ACL is projected to have been met at this time and the delay in
effectiveness of the actual closure date is solely to allow for
sufficient notice to the recreational sector, including private and
for-hire fishers.
To allow for adequate notice to the fishers while simultaneously
protecting the black sea bass resource, this temporary rule provides
notice to the public prior to the closure of recreational black sea
bass to minimize disruption to the activities of the recreational
sector. This notice will provide time to schedule and prepare for trips
and to purchase the appropriate amount of supplies.
Therefore, the timing for this temporary rule is intended to
maximize the biological benefits to the resource while attempting to
minimize the negative economic harm to fishermen.
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: August 24, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2012-21307 Filed 8-24-12; 4:15 pm]
BILLING CODE 3510-22-P
