Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Gray Triggerfish Management Measures, 67303-67305 [2012-27444]
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Federal Register / Vol. 77, No. 218 / Friday, November 9, 2012 / Rules and Regulations
We consider six alternatives,
including a No Action Alternative.
Alternative 1 resumes implementation
of the 1987 southern sea otter
translocation program as originally
defined. Alternative 2 resumes
implementation of the 1987 southern
sea otter translocation program but
reduces the size of the management
zone. Alternatives 3A, 3B, and 3C allow
for the natural range expansion of
southern sea otters through termination
of the 1987 translocation program,
including its associated translocation
zone and management zone, but differ
in the actions to be taken with sea otters
existing in these zones upon
termination of the program. Alternative
3A requires the short-term removal of
sea otters from both the management
zone and the translocation zone before
natural range expansion is allowed.
Alternative 3B requires the short-term
removal of sea otters from the
translocation zone only. The Service’s
preferred alternative (Alternative 3C) is
to allow for the natural range expansion
of sea otters through termination of the
1987 translocation program and to allow
sea otters existing in the former
translocation and management zones to
remain there.
We have afforded other government
agencies and the public extensive
opportunity to participate in the
preparation of this EIS. On July 27,
2000, we published in the Federal
Register a notice of intent to prepare a
SEIS on the southern sea otter
translocation program (65 FR 46172).
The notice of intent announced that
public scoping meetings would be held
on August 15, 2000, in Santa Barbara,
California, and on August 17, 2000, in
Monterey, California. In April 2001, we
published a scoping report and
distributed it to scoping meeting
participants and other interested parties
(the scoping report is included as
Appendix E to the final SEIS).
We announced the availability of the
draft SEIS and the beginning of the
public comment period on October 7,
2005 (70 FR 58737). The comment
period was originally scheduled to end
on January 5, 2006 (70 FR 58737). On
December 30, 2005, we extended the
comment period to March 6, 2006 (70
FR 77380), based on requests for a 30day or 60-day extension of the comment
period by fishing and environmental
groups. We accepted oral and written
testimony during public hearings held
in Santa Barbara, California, on
November 1, 2005, and Monterey,
California, on November 3, 2005. During
the 5-month comment period, we
received approximately 20,000
VerDate Mar<15>2010
13:51 Nov 08, 2012
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comments from interested individuals
and organizations.
Continuing efforts to resolve
stakeholder concerns forestalled
publication of a final SEIS for several
years. On September 30, 2009, two
environmental groups filed suit against
the Service under provisions of the
Administrative Procedure Act, alleging
that we had unreasonably delayed a
decision on the translocation program.
Publication of a final SEIS on the
translocation program is part of the
settlement agreement we reached with
plaintiffs on November 23, 2010.
In order to ensure that our analysis
reflects current conditions, we revised
the draft SEIS. We announced the
availability of a revised draft SEIS and
a proposed rule to implement the
preferred alternative on August 26, 2011
(76 FR 53381). Appendix G to the
revised draft SEIS included a list of
commenters, summaries of comments
received on the draft SEIS, and our
responses to those comments. The
comment period for the revised draft
SEIS was originally scheduled to end on
October 24, 2011 (76 FR 53381). On
November 4, 2011, we announced a
reopening of the comment period until
November 21, 2011 (76 FR 68393),
based on a request for a 45-day
extension by the California Sea Urchin
Commission. We were unable to grant
the full 45-day extension because we
required sufficient time to consider
public comments and to revise the SEIS
as appropriate while still meeting court
settlement deadlines; however, the
reopened comment period allowed us to
accept public comments for 18
additional days. We accepted oral and
written testimony during public
hearings held in Ventura, California, on
September 27, 2011; Santa Barbara,
California, on October 4, 2011; and
Santa Cruz, California, on October 6,
2011. Approximately 190 people
attended the public hearings, and 68
provided testimony.
In the 78 days during which
comments were accepted, we received
6,843 comment letters, postcards, and
emails from interested individuals and
organizations. Among the comment
letters were 5 petitions with 12,514
signatories.
Appendix G to the final SEIS includes
a list of commenters, summaries of
comments received on the revised draft
SEIS, and our responses to those
comments.
Authority
This notice is provided pursuant to
Fish and Wildlife Service regulations for
implementing the National
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67303
Environmental Policy Act of 1969 (40
CFR 1506.6).
Dated: November 1, 2012.
Alexandra Pitts,
Acting Regional Director, Pacific Southwest
Region.
[FR Doc. 2012–27310 Filed 11–8–12; 8:45 am]
BILLING CODE 4310–55–P
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: Temporary rule; interim
measures extended.
AGENCY:
NMFS issues this temporary
rule to extend the expiration date of
interim measures to reduce overfishing
of gray triggerfish in the Gulf of Mexico
(Gulf) implemented by a temporary rule
published by NMFS on May 14, 2012.
This temporary rule extends the
reduced commercial quota (commercial
annual catch target (ACT)), commercial
and recreational annual catch limits
(ACLs), and recreational ACT; and the
revised recreational accountability
measures (AMs) for gray triggerfish, as
requested by the Gulf of Mexico Fishery
Management Council (Council). The
intended effect of this temporary rule is
to reduce overfishing of the gray
triggerfish resource in the Gulf while the
Council develops permanent
management measures.
DATES: The expiration date for the
interim rule published at 77 FR 28308,
May 14, 2012, is extended from
November 10, 2012, through May 15,
2013, unless NMFS publishes a
superseding document in the Federal
Register.
SUMMARY:
Electronic copies of
documents supporting this temporary
rule, which include an environmental
assessment (EA) and a regulatory
flexibility analysis, may be obtained
from the Southeast Regional Office Web
site at https://sero.nmfs.noaa.gov.
ADDRESSES:
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Federal Register / Vol. 77, No. 218 / Friday, November 9, 2012 / Rules and Regulations
wreier-aviles on DSK5TPTVN1PROD with
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 MagnusonStevens Fishery Conservation and
Management Act (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)).
Section 305(c)(2) of the MagnusonStevens Act provides the Council the
authority to request interim measures, if
necessary, to reduce overfishing. On
April 19, 2012, the Council requested
that NMFS implement a temporary rule
to reduce overfishing of gray triggerfish
in the Gulf while the Council and NMFS
develop Amendment 37 to the FMP.
Amendment 37 will contain permanent
measures to end overfishing of the gray
triggerfish stock. On May 14, 2012,
NMFS published the final temporary
rule (77 FR 28308) to implement
measures to reduce overfishing of gray
triggerfish in the Gulf and requested
public comment. The interim measures
implemented revised commercial and
recreational ACLs and ACTs and revised
the AMs for the recreational sector.
Through the final temporary rule, the
commercial sector ACL was reduced to
64,100 lb (29,075 kg), round weight, and
the commercial ACT (commercial quota)
was reduced to 60,900 lb (27,624 kg),
round weight. The recreational sector
ACL was reduced to 241,200 lb (109,406
kg), round weight, and the recreational
ACT was reduced to 217,100 (98,475
kg), round weight. Additionally, the
temporary rule established an in-season
AM for the gray triggerfish recreational
sector that prohibits the recreational
harvest of gray triggerfish (a recreational
sector closure) after the recreational
ACT is reached or projected to be
reached.
The Council requested an extension of
the interim rule on August 23, 2012, to
ensure that management measures
remain in effect for gray triggerfish to
reduce overfishing while more
permanent measures are developed
through Amendment 37. Section
305(c)(3)(B) of the Magnuson-Stevens
Act allows for interim measures to be
extended for one additional period of
186 days provided that the public has
had an opportunity to comment on the
interim measures and the Council is
actively preparing a plan amendment to
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address the overfishing on a permanent
basis.
Amendment 37 is scheduled to be
implemented early in the 2013 fishing
year.
Comments and Responses
Section 305(c)(3)(B) of the MagnusonStevens Act requires that the public has
an opportunity to comment on interim
measures after the regulation is
published and the Council is actively
preparing a plan amendment to address
overfishing on a permanent basis.
Therefore, NMFS solicited comments in
the May 14, 2012, final temporary rule.
NMFS received comments from a total
of 11 entities on the final temporary
rule. The following is a summary of the
substantive comments NMFS received
and NMFS’ respective responses.
Similar comments have been grouped
together.
Comment 1: Personal observations do
not support the stock assessment
findings that the stock is overfished and
undergoing overfishing. Therefore, there
is no reason for the temporary rule.
Response: Gray triggerfish are known
to be highly site specific and so it is
possible that gray triggerfish abundance
is greater in some areas of the Gulf than
in others. However, both the 2006
benchmark and 2011 update Southeast
Data, Assessment, and Review (SEDAR)
assessments of the gray triggerfish stock
used data from a variety of sources
throughout the Gulf. Both of these
assessments, which are considered the
best available science, indicate the stock
size is too low (overfished) and that too
many fish are being caught and landed
(overfishing). The Magnuson-Stevens
Act requires the Council and NMFS to
end overfishing and allow the stock to
recover; therefore, the Council and
NMFS are obligated to revise the gray
triggerfish rebuilding plan to achieve
these objectives.
Comment 2: Personal observations
support that gray triggerfish abundances
are low, but the cause of the reduction
in abundance is not due to overfishing.
Reductions in abundance are due to the
number of red snapper feeding on
juvenile reef fish, including gray
triggerfish.
Response: The 2011 SEDAR update
assessment indicated that for 2005–
2009, gray triggerfish recruitment has
been less than average. However, the
reason for the reduced recruitment is
currently unknown. At this time, there
is no evidence to support that low gray
triggerfish recruitment is a result of red
snapper predation.
Comment 3: Rather than closing gray
triggerfish recreational harvest when the
ACL is reached, a reduced recreational
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Fmt 4700
Sfmt 4700
bag limit should have been
implemented to avoid any closures.
Response: In evaluating long-term
measures to reduce the recreational
harvest of gray triggerfish in
Amendment 37, the Council is
evaluating reduced recreational bag
limits. However, their analyses indicate
that even if the bag limit were reduced
to 1-fish per person per day from the
current 20-fish reef fish aggregate bag
limit, some type of seasonal closure is
needed to reduce harvest consistent
with reductions needed for the
rebuilding plan. The Council is
evaluating a combination of these
measures in Amendment 37 to the FMP.
Comment 4: The 2011 SEDAR gray
triggerfish update stock assessment did
not account for changes in gray
triggerfish fishing as a result of the
increase in the minimum size limit and
the requirement to use circle hooks.
Response: The 2011 SEDAR update
assessment did account for the increase
from 12-inches (30.5 cm), total length, to
14-inches (35.6 cm), fork length. This
change was noted in the regulatory
history section in the final 2011 SEDAR
update assessment report. The effects of
the size limit change were reflected in
length data from fishery-dependent
sampling programs after August 4, 2008,
when Amendment 30A to the FMP
became effective and these measures
were implemented (73 FR 38139, July 3,
2008). Although the effects of circle
hooks on gray triggerfish fishing were
not specifically examined in the 2011
update assessment, the 2011 SEDAR
update stock assessment showed
declines in both the commercial and
recreational harvest starting in 2005,
well before the circle hook requirement
went into effect on June 1, 2008.
Therefore, other factors are responsible
for the declining gray triggerfish stock.
In addition, differences between catchper-unit-effort estimates between the
2011 SEDAR update assessment and the
2006 SEDAR benchmark assessment did
not vary by much, suggesting the change
to circle hooks has had little effect on
gray triggerfish fishing.
Comment 5: The gray triggerfish
commercial sector should be closed
until the gray triggerfish stock recovers.
Response: The temporary rule reduces
overfishing of the gray triggerfish stock
while the Council develops a rebuilding
plan in Amendment 37. In rebuilding
overfished stocks, the MagnusonStevens Act requires that regulations
shall ‘‘allocate both overfishing
restrictions and recovery benefits fairly
and equitably among sectors of the
fishery’’ (Magnuson-Stevens Act section
304(e)(4)(B)). The action proposed in the
comment would place all overfishing
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Federal Register / Vol. 77, No. 218 / Friday, November 9, 2012 / Rules and Regulations
wreier-aviles on DSK5TPTVN1PROD with
restrictions to the commercial sector,
and as the stock recovers, allocate these
benefits to the recreational sector. Thus,
this action would not be fair and
equitable and would not conform to the
Magnuson-Stevens Act.
Additionally, the current allocation
between the commercial and
recreational sector is 29 percent and 71
percent, respectively. Given the needed
reduction in gray triggerfish harvest
from 2011 levels to 2012 levels is
approximately 50 percent, closing the
commercial sector would not achieve
the needed reduction in harvest that
would allow the stock to recover by
2017, the end year of the 10-year gray
triggerfish rebuilding plan. Therefore,
even with an established commercial
closure, recreational measures would
still need to be implemented for the
stock to recover within the allotted time
of the rebuilding plan.
Classification
The Administrator, Southeast Region,
NMFS, (RA) has determined that the
interim measures this temporary rule
extends are necessary for the
conservation and management of the
Gulf gray triggerfish stock, until more
permanent measures are implemented,
and is consistent with the MagnusonStevens Act and other applicable laws.
The Council and NMFS are developing
Amendment 37 to the FMP to establish
long-term measures to end the
overfishing of Gulf gray triggerfish and
rebuild the stock. Amendment 37 and
its associated regulations are still being
implemented and are not expected to
become effective until the 2013 fishing
year.
This temporary rule has been
determined to be not significant for
purposes of E.O. 12866.
This temporary rule is exempt from
the procedures of the Regulatory
Flexibility Act because the rule is issued
without opportunity for prior notice and
comment.
An EA was prepared for the interim
measures contained in the May 14,
2012, final temporary rule (77 FR
28308). The EA analyzed the impacts of
reduced harvest through the 2012
fishing year, which includes the impacts
related to extending the interim rule.
Therefore, the impacts of continuing the
interim measures through this extension
have already been considered. Copies of
the EA are available from NMFS (see
ADDRESSES).
The Assistant Administrator for
Fisheries, NOAA (AA) finds good cause
under 5 U.S.C. 553(b)(B) to waive prior
notice and opportunity for public
comment on this temporary rule
extension. Providing prior notice and
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13:51 Nov 08, 2012
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opportunity for public comment would
be contrary to the public interest. This
rule would continue interim measures
implemented by the May 14, 2012, final
temporary rule, for not more than an
additional 186 days beyond the current
expiration date of November 10, 2012.
The conditions prompting the initial
temporary rule still remain, and more
permanent measures to be completed
through Amendment 37 have not yet
been finalized. Failure to extend these
interim measures, while NMFS finalizes
the more permanent measures in
Amendment 37, would result in
additional overfishing of the Gulf gray
triggerfish stock, which is contrary to
the public interest and in violation of
National Standard 1 of the MagnusonStevens Act.
For the aforementioned reasons, the
AA also finds good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in
effectiveness of this rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 6, 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.
[FR Doc. 2012–27444 Filed 11–8–12; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 120917459–2591–01]
RIN 0648–BC57
Fisheries of the Northeastern United
States; Atlantic Mackerel, Squid, and
Butterfish Fisheries; Specifications
and Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Interim final rule.
AGENCY:
NMFS is implementing
revised 2012 specifications for the
butterfish fishery, which is managed as
part of the Atlantic Mackerel, Squid,
and Butterfish Fishery Management
Plan. This action raises the butterfish
acceptable biological catch (ABC) to
4,200 mt (from 3,622 mt), and specifies
the butterfish annual catch target (ACT)
at 3,780 mt, the domestic annual harvest
(DAH) and domestic annual processing
(DAP) at 872 mt, and the butterfish
SUMMARY:
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67305
mortality cap at 3,165 mt. These
specifications promote the utilization
and conservation of the butterfish
resource.
Effective on November 8, 2012.
Comments must be received by
November 26, 2012.
ADDRESSES: Copies of the revised 2012
specifications document, including the
Environmental Assessment (EA), is
available from John K. Bullard,
Northeast Regional Administrator,
National Marine Fisheries Service, 55
Great Republic Drive, Gloucester, MA
01930. This document is also accessible
via the Internet at https://
www.nero.noaa.gov.
You may submit comments, identified
by NOAA–NMFS–2012–0209, by any
one of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal
www.regulations.gov. To submit
comments via the e-Rulemaking Portal,
first click the ‘‘submit a comment’’ icon,
then enter NOAA–NMFS–2012–0209 in
the keyword search. Locate the
document you wish to comment on
from the resulting list and click on the
‘‘Submit a Comment’’ icon on the right
of that line.
• Mail to NMFS, Northeast Regional
Office, 55 Great Republic Dr, Gloucester,
MA 01930. Mark the outside of the
envelope ‘‘Comments on Interim Final
2012 Butterfish Specifications.’’
• Fax: (978) 281–9135, Attn: Aja
Szumylo.
Instructions: Comments must be
submitted by one of the above methods
to ensure that they are received,
documented, and considered by NMFS.
Comments sent by any other method, to
any other address or individual, or
received after the end of the comment
period, may not be considered. All
comments received are a part of the
public record and will generally be
posted for public viewing on
www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.) submitted
voluntarily by the sender will 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 fields if you wish to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word or Excel, WordPerfect, or Adobe
PDF file formats only. Comments on this
interim final rule will be addressed in
the final rule for 2013 Specifications
and Management Measures for the
DATES:
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]]>Agencies
[Federal Register Volume 77, Number 218 (Friday, November 9, 2012)]
[Rules and Regulations]
[Pages 67303-67305]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27444]
=======================================================================
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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
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; interim measures extended.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this temporary rule to extend the expiration date
of interim measures to reduce overfishing of gray triggerfish in the
Gulf of Mexico (Gulf) implemented by a temporary rule published by NMFS
on May 14, 2012. This temporary rule extends the reduced commercial
quota (commercial annual catch target (ACT)), commercial and
recreational annual catch limits (ACLs), and recreational ACT; and the
revised recreational accountability measures (AMs) for gray
triggerfish, as requested by the Gulf of Mexico Fishery Management
Council (Council). The intended effect of this temporary rule is to
reduce overfishing of the gray triggerfish resource in the Gulf while
the Council develops permanent management measures.
DATES: The expiration date for the interim rule published at 77 FR
28308, May 14, 2012, is extended from November 10, 2012, through May
15, 2013, unless NMFS publishes a superseding document in the Federal
Register.
ADDRESSES: Electronic copies of documents supporting this temporary
rule, which include an environmental assessment (EA) and a regulatory
flexibility analysis, may be obtained from the Southeast Regional
Office Web site at https://sero.nmfs.noaa.gov.
[[Page 67304]]
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). The Magnuson-Stevens Act provides the legal
authority for the promulgation of interim regulations under section
305(c) (16 U.S.C. 1855(c)).
Section 305(c)(2) of the Magnuson-Stevens Act provides the Council
the authority to request interim measures, if necessary, to reduce
overfishing. On April 19, 2012, the Council requested that NMFS
implement a temporary rule to reduce overfishing of gray triggerfish in
the Gulf while the Council and NMFS develop Amendment 37 to the FMP.
Amendment 37 will contain permanent measures to end overfishing of the
gray triggerfish stock. On May 14, 2012, NMFS published the final
temporary rule (77 FR 28308) to implement measures to reduce
overfishing of gray triggerfish in the Gulf and requested public
comment. The interim measures implemented revised commercial and
recreational ACLs and ACTs and revised the AMs for the recreational
sector. Through the final temporary rule, the commercial sector ACL was
reduced to 64,100 lb (29,075 kg), round weight, and the commercial ACT
(commercial quota) was reduced to 60,900 lb (27,624 kg), round weight.
The recreational sector ACL was reduced to 241,200 lb (109,406 kg),
round weight, and the recreational ACT was reduced to 217,100 (98,475
kg), round weight. Additionally, the temporary rule established an in-
season AM for the gray triggerfish recreational sector that prohibits
the recreational harvest of gray triggerfish (a recreational sector
closure) after the recreational ACT is reached or projected to be
reached.
The Council requested an extension of the interim rule on August
23, 2012, to ensure that management measures remain in effect for gray
triggerfish to reduce overfishing while more permanent measures are
developed through Amendment 37. Section 305(c)(3)(B) of the Magnuson-
Stevens Act allows for interim measures to be extended for one
additional period of 186 days provided that the public has had an
opportunity to comment on the interim measures and the Council is
actively preparing a plan amendment to address the overfishing on a
permanent basis.
Amendment 37 is scheduled to be implemented early in the 2013
fishing year.
Comments and Responses
Section 305(c)(3)(B) of the Magnuson-Stevens Act requires that the
public has an opportunity to comment on interim measures after the
regulation is published and the Council is actively preparing a plan
amendment to address overfishing on a permanent basis. Therefore, NMFS
solicited comments in the May 14, 2012, final temporary rule. NMFS
received comments from a total of 11 entities on the final temporary
rule. The following is a summary of the substantive comments NMFS
received and NMFS' respective responses. Similar comments have been
grouped together.
Comment 1: Personal observations do not support the stock
assessment findings that the stock is overfished and undergoing
overfishing. Therefore, there is no reason for the temporary rule.
Response: Gray triggerfish are known to be highly site specific and
so it is possible that gray triggerfish abundance is greater in some
areas of the Gulf than in others. However, both the 2006 benchmark and
2011 update Southeast Data, Assessment, and Review (SEDAR) assessments
of the gray triggerfish stock used data from a variety of sources
throughout the Gulf. Both of these assessments, which are considered
the best available science, indicate the stock size is too low
(overfished) and that too many fish are being caught and landed
(overfishing). The Magnuson-Stevens Act requires the Council and NMFS
to end overfishing and allow the stock to recover; therefore, the
Council and NMFS are obligated to revise the gray triggerfish
rebuilding plan to achieve these objectives.
Comment 2: Personal observations support that gray triggerfish
abundances are low, but the cause of the reduction in abundance is not
due to overfishing. Reductions in abundance are due to the number of
red snapper feeding on juvenile reef fish, including gray triggerfish.
Response: The 2011 SEDAR update assessment indicated that for 2005-
2009, gray triggerfish recruitment has been less than average. However,
the reason for the reduced recruitment is currently unknown. At this
time, there is no evidence to support that low gray triggerfish
recruitment is a result of red snapper predation.
Comment 3: Rather than closing gray triggerfish recreational
harvest when the ACL is reached, a reduced recreational bag limit
should have been implemented to avoid any closures.
Response: In evaluating long-term measures to reduce the
recreational harvest of gray triggerfish in Amendment 37, the Council
is evaluating reduced recreational bag limits. However, their analyses
indicate that even if the bag limit were reduced to 1-fish per person
per day from the current 20-fish reef fish aggregate bag limit, some
type of seasonal closure is needed to reduce harvest consistent with
reductions needed for the rebuilding plan. The Council is evaluating a
combination of these measures in Amendment 37 to the FMP.
Comment 4: The 2011 SEDAR gray triggerfish update stock assessment
did not account for changes in gray triggerfish fishing as a result of
the increase in the minimum size limit and the requirement to use
circle hooks.
Response: The 2011 SEDAR update assessment did account for the
increase from 12-inches (30.5 cm), total length, to 14-inches (35.6
cm), fork length. This change was noted in the regulatory history
section in the final 2011 SEDAR update assessment report. The effects
of the size limit change were reflected in length data from fishery-
dependent sampling programs after August 4, 2008, when Amendment 30A to
the FMP became effective and these measures were implemented (73 FR
38139, July 3, 2008). Although the effects of circle hooks on gray
triggerfish fishing were not specifically examined in the 2011 update
assessment, the 2011 SEDAR update stock assessment showed declines in
both the commercial and recreational harvest starting in 2005, well
before the circle hook requirement went into effect on June 1, 2008.
Therefore, other factors are responsible for the declining gray
triggerfish stock. In addition, differences between catch-per-unit-
effort estimates between the 2011 SEDAR update assessment and the 2006
SEDAR benchmark assessment did not vary by much, suggesting the change
to circle hooks has had little effect on gray triggerfish fishing.
Comment 5: The gray triggerfish commercial sector should be closed
until the gray triggerfish stock recovers.
Response: The temporary rule reduces overfishing of the gray
triggerfish stock while the Council develops a rebuilding plan in
Amendment 37. In rebuilding overfished stocks, the Magnuson-Stevens Act
requires that regulations shall ``allocate both overfishing
restrictions and recovery benefits fairly and equitably among sectors
of the fishery'' (Magnuson-Stevens Act section 304(e)(4)(B)). The
action proposed in the comment would place all overfishing
[[Page 67305]]
restrictions to the commercial sector, and as the stock recovers,
allocate these benefits to the recreational sector. Thus, this action
would not be fair and equitable and would not conform to the Magnuson-
Stevens Act.
Additionally, the current allocation between the commercial and
recreational sector is 29 percent and 71 percent, respectively. Given
the needed reduction in gray triggerfish harvest from 2011 levels to
2012 levels is approximately 50 percent, closing the commercial sector
would not achieve the needed reduction in harvest that would allow the
stock to recover by 2017, the end year of the 10-year gray triggerfish
rebuilding plan. Therefore, even with an established commercial
closure, recreational measures would still need to be implemented for
the stock to recover within the allotted time of the rebuilding plan.
Classification
The Administrator, Southeast Region, NMFS, (RA) has determined that
the interim measures this temporary rule extends are necessary for the
conservation and management of the Gulf gray triggerfish stock, until
more permanent measures are implemented, and is consistent with the
Magnuson-Stevens Act and other applicable laws. The Council and NMFS
are developing Amendment 37 to the FMP to establish long-term measures
to end the overfishing of Gulf gray triggerfish and rebuild the stock.
Amendment 37 and its associated regulations are still being implemented
and are not expected to become effective until the 2013 fishing year.
This temporary rule has been determined to be not significant for
purposes of E.O. 12866.
This temporary rule is exempt from the procedures of the Regulatory
Flexibility Act because the rule is issued without opportunity for
prior notice and comment.
An EA was prepared for the interim measures contained in the May
14, 2012, final temporary rule (77 FR 28308). The EA analyzed the
impacts of reduced harvest through the 2012 fishing year, which
includes the impacts related to extending the interim rule. Therefore,
the impacts of continuing the interim measures through this extension
have already been considered. Copies of the EA are available from NMFS
(see ADDRESSES).
The Assistant Administrator for Fisheries, NOAA (AA) finds good
cause under 5 U.S.C. 553(b)(B) to waive prior notice and opportunity
for public comment on this temporary rule extension. Providing prior
notice and opportunity for public comment would be contrary to the
public interest. This rule would continue interim measures implemented
by the May 14, 2012, final temporary rule, for not more than an
additional 186 days beyond the current expiration date of November 10,
2012. The conditions prompting the initial temporary rule still remain,
and more permanent measures to be completed through Amendment 37 have
not yet been finalized. Failure to extend these interim measures, while
NMFS finalizes the more permanent measures in Amendment 37, would
result in additional overfishing of the Gulf gray triggerfish stock,
which is contrary to the public interest and in violation of National
Standard 1 of the Magnuson-Stevens Act.
For the aforementioned reasons, the AA also finds good cause under
5 U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness of this
rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 6, 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.
[FR Doc. 2012-27444 Filed 11-8-12; 8:45 am]
BILLING CODE 3510-22-P
