Snapper-Grouper Fishery off the Southern Atlantic States; Snapper-Grouper Management Measures, 17336-17340 [2013-06417]
Download as PDF
<![CDATA[
17336
Federal Register / Vol. 78, No. 55 / Thursday, March 21, 2013 / Proposed Rules
before the applicability date of this
section, beginning on the first day the
section applies, the waiting period can
no longer apply to the individual if it
would exceed 90 days with respect to
the individual.
(ii) This paragraph (h)(2) is illustrated
by the following example:
Example. (i) Facts. A group health plan is
a calendar year plan. Prior to January 1, 2014,
the plan provides that full-time employees
are eligible for coverage after a 6-month
waiting period. Employee A begins work as
a full-time employee on October 1, 2013.
(ii) Conclusion. In this Example 1, the first
day of A’s waiting period is October 1, 2013
because that is the first day A is otherwise
eligible to enroll under the plan’s substantive
eligibility provisions, but for the waiting
period. Beginning January 1, 2014, the plan
may not apply a waiting period that exceeds
90 days. Accordingly, A must be given the
opportunity to elect coverage that begins no
later than January 1, 2014 (which is 93 days
after A’s start date) because otherwise, on
January 1, 2014, the plan would be applying
a waiting period that exceeds 90 days. The
plan is not required to make coverage
effective before January 1, 2014 under the
rules of this section.
39. Section 147.136 is amended by
adding a sentence to the end of the
introductory text of paragraph (d) and
revising paragraph (d)(1)(i) to read as
follows:
■
§ 147.136 Internal claims and appeals and
external review processes.
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
*
*
*
*
*
(d) * * * A Multi State Plan or MSP,
as defined by 45 CFR 800.20, must
provide an effective Federal external
review process in accordance with this
paragraph (d).
(1) * * *
(i) In general. Subject to the
suspension provision in paragraph
(d)(1)(ii) of this section and except to
the extent provided otherwise by the
Secretary in guidance, the Federal
external review process established
pursuant to this paragraph (d) applies,
at a minimum, to any adverse benefit
determination or final adverse benefit
determination (as defined in paragraphs
(a)(2)(i) and (a)(2)(v) of this section),
except that a denial, reduction,
termination, or a failure to provide
payment for a benefit based on a
determination that a participant or
beneficiary fails to meet the
requirements for eligibility under the
terms of a group health plan is not
eligible for the Federal external review
process under this paragraph (d).
[FR Doc. 2013–06454 Filed 3–18–13; 4:15 pm]
BILLING CODE 4830–01–P; 4510–029–P; 4120–01–P;
6325–64
VerDate Mar<14>2013
14:39 Mar 20, 2013
Jkt 229001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 120815345–3223–01]
RIN 0648–BC41
Snapper-Grouper Fishery off the
Southern Atlantic States; SnapperGrouper Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
SUMMARY: NMFS proposes regulations to
implement a regulatory amendment
(Regulatory Amendment 13) to the
Fishery Management Plan for the
Snapper-Grouper Fishery of the South
Atlantic Region (FMP), as prepared by
the South Atlantic Fishery Management
Council (Council). If implemented, this
rule would revise the annual catch
limits (ACLs) (including sector ACLs)
for 37 species in the snapper-grouper
fishery management unit (FMU). The
intent of this rule is to ensure that the
ACLs are based on the best scientific
information available, and to prevent
unnecessary negative socio-economic
impacts to participants in the snappergrouper fishery and fishing community
that could occur if the ACLs are not
revised, in accordance with the
provisions set forth in the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act).
DATES: Written comments must be
received on or before April 22, 2013.
ADDRESSES: You may submit comments
on this document, identified by
‘‘NOAA–NMFS–2012–0245’’, by any of
the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20120245, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Nikhil Mehta, Southeast Regional
Office, NMFS, 263 13th Avenue South,
St. Petersburg, FL 33701.
Instructions: 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 by NMFS. All comments
received are a part of the public record
PO 00000
Frm 00037
Fmt 4702
Sfmt 4702
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. 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, Excel, or Adobe PDF
file formats only.
Electronic copies of documents
supporting this proposed rule including
an environmental assessment, initial
regulatory flexibility analysis (IRFA),
regulatory impact review, and fishery
impact statement may be obtained from
the Southeast Regional Office Web site
at https://sero.nmfs.noaa.gov/sf/
SASnapperGrouperHomepage.htm.
FOR FURTHER INFORMATION CONTACT:
Nikhil Mehta, telephone: 727–824–
5305, or email: Nikhil.Mehta@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic is managed under the FMP and
includes the 37 snapper-grouper species
addressed in Regulatory Amendment 13
and this proposed rule. These 37
snapper-grouper species do not have
stock assessments; their acceptable
biological catch estimates (ABCs) are
greater than zero; and their ABCs were
specified using a formula established in
the Comprehensive ACL Amendment.
Species in the FMU with stock
assessments and species with an ABC
equal to zero are not addressed in
Regulatory Amendment 13. However,
they will be considered in future
amendments. The FMP was prepared by
the Council and implemented through
regulations at 50 CFR parts 622 under
the authority of the Magnuson-Stevens
Act.
Background
The Magnuson-Stevens Act requires
NMFS and regional fishery management
councils to prevent overfishing of
federally managed fish stocks, to the
extent practicable. This mandate is
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. National Standard 2 of the
Magnuson-Stevens Act states that the
conservation and management measures
of fishery management plans and any
regulations promulgated to implement
any such plan shall be based upon the
best scientific information available.
E:\FR\FM\21MRP1.SGM
21MRP1
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 55 / Thursday, March 21, 2013 / Proposed Rules
To address this mandate of the
Magnuson-Stevens Act, NMFS
published the final rule to implement
the Comprehensive ACL Amendment on
March 16, 2012 (77 FR 15916). That
final rule established ACLs (including
sector-specific ACL allocations) and
accountability measures (AMs) for select
species in the snapper-grouper FMU.
Additionally, the Comprehensive ACL
Amendment established ABCs and
annual catch targets (ACTs) for these
select species in the snapper-grouper
FMU. These ABCs and ACTs are not
codified in the regulatory text.
Recreational catch estimates in the
Comprehensive ACL Amendment were
determined by using data generated by
the Marine Recreational Fisheries
Statistics Survey (MRFSS), which was
the best scientific information available
at that time.
The MRFSS is made up of an
integrated system of surveys, each
targeted toward particular segments of
the fishing community (one for for-hire
vessels, one for anglers pursuing highly
migratory species, and one for all other
anglers). It usually takes a couple of
months to compile information from
both surveys, perform quality control,
and tabulate the results from each 2month wave of data. As a result, in most
places, total estimates of catch and effort
are produced on an annual basis. These
annual estimates are then used by
NMFS and the Council to make
informed decisions about the health and
sustainability of the fishery and how
many fish can be harvested the
following year.
Since the implementation of the
Comprehensive ACL Amendment on
April 16, 2012, there have been
substantial improvements in the data
collection and catch estimation
methodologies that are used to generate
the data for the computation of ABCs
and recreational and commercial ACLs
and ACTs. NMFS no longer uses the
MRFSS and now estimates landings
using the Marine Recreational
Information Program (MRIP).
The MRIP collects data on a more
frequent basis and provides more
accurate recreational catch estimates by
accounting for potential biases such as
possible differences in catch rates at
high-activity and low-activity fishing
sites, as well as variation in fishing
effort throughout the day. As described
in Regulatory Amendment 13, the
NMFS Office of Science and Technology
released MRIP data from 2004–2011.
MRFSS data from 2004–2011 were
compared with MRIP data (2004–2011)
and ratio estimators were generated.
These ratio estimators were used to
recalibrate MRFSS data from 1986–2003
VerDate Mar<14>2013
14:39 Mar 20, 2013
Jkt 229001
to MRIP data (from 1986–2003). These
calculations provided a complete MRIP
data set from 1986–2011. To determine
the ABCs for these species in the
Comprehensive ACL Amendment, the
Council’s SSC used data from 1999–
2008 for 36 out of the 37 species (1986–
2008 for blueline tilefish). The same
years of MRIP data were used to
determine revised ABC values for the 37
species in Regulatory Amendment 13.
The revised ABC values also include
updated commercial and for-hire
landings data. Using those revised ABC
values, the same procedures used in the
Comprehensive ACL Amendment for
calculating ACL and ACT values were
also used in Regulatory Amendment 13.
The revisions are necessary because if
the ABC, ACL, and ACT values are not
updated with the new MRIP estimates,
ACLs would be set using MRFSS data
while the landings being used to track
the ACLs would be estimated using
MRIP data. This would result in a
disconnect in how ACLs are calculated
versus how they are monitored. The
changes in data impact the allocations
to the commercial and recreational
sectors because the formula used to
establish the allocations remains
unchanged from what was implemented
previously in the Comprehensive ACL
Amendment.
Using MRIP values to estimate
recreational landings, and using
updated headboat and commercial
landings, ensures that the ABCs, ACLs,
and ACTs are based on the best
scientific information available in
accordance with National Standard 2 of
the Magnuson-Stevens Act.
Management Measures Contained in
This Proposed Rule
This proposed rule would revise
ACLs for the following species and
species complexes: deep-water complex
species (yellowedge grouper, blueline
tilefish, silk snapper, misty grouper,
sand tilefish, queen snapper, black
snapper, and blackfin snapper);
shallow-water groupers (red hind, rock
hind, yellowmouth grouper, yellowfin
grouper, coney, and graysby); snappers
(gray snapper, lane snapper, cubera
snapper, dog snapper, and mahogany
snapper), jacks (almaco jack, banded
rudderfish, and lesser amberjack),
grunts (white grunt, sailor’s choice,
tomtate, and margate); porgies (jolthead
porgy, knobbed porgy, saucereye porgy,
scup, and whitebone porgy); Atlantic
spadefish; blue runner; bar jack; gray
triggerfish; scamp; and hogfish. The
ACLs are used to monitor landings
throughout a fishing season. The
potential disconnect between how the
ACLs are calculated and how they are
PO 00000
Frm 00038
Fmt 4702
Sfmt 4702
17337
monitored is important because the
ACLs trigger the AMs that were
established in the Comprehensive ACL
Amendment.
The AMs for the commercial sector
for the species and species complexes in
this proposed rule specify that if the
commercial ACL for a species or species
complex is reached or projected to be
reached during a fishing year, the sector
will close for the remainder of that
fishing year for that species or species
complex. If a complex is closed, sale
and purchase of any species in that
complex is prohibited. If a species, or a
single member of a species complex, is
designated as overfished and the
commercial ACL is exceeded, then
during the following fishing year the
commercial sector ACL would be
reduced by the amount of the
commercial ACL overage in the prior
fishing year.
For the recreational sector, the AMs
for the species and species complexes
are as follows: if the recreational ACL is
exceeded for a species or species
complex in a fishing year, then during
the next fishing year the NMFS Regional
Administrator monitors the recreational
landings for a persistence in increased
landings, and using the best scientific
information available, reduces the
length of the recreational fishing season
as necessary to ensure the recreational
landings do not exceed the recreational
ACL.
This proposed rule would ensure that
the methodology used to calculate the
ACLs is consistent with the
methodology used to monitor landings
and determine when it is necessary to
trigger the established AMs.
Additional Measures Contained in
Regulatory Amendment 13
In addition to the ACL revisions in
this proposed rule, Regulatory
Amendment 13 would revise the ABCs,
and ACTs for the 37 un-assessed species
in the snapper-grouper FMU, using the
improved data methods as previously
described.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the Assistant
Administrator for Fisheries, NOAA,
(AA) has determined that this proposed
rule is consistent with Regulatory
Amendment 13, the FMP, the
Magnuson-Stevens Act and other
applicable law, subject to further
consideration after public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
E:\FR\FM\21MRP1.SGM
21MRP1
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
17338
Federal Register / Vol. 78, No. 55 / Thursday, March 21, 2013 / Proposed Rules
to the Chief Counsel for Advocacy of the
Small Business Administration that this
rule, if implemented, would not have a
significant economic impact on a
substantial number of small entities.
The factual basis for this determination
is as follows:
The purpose of this rule and
Regulatory Amendment 13 is to revise
the ABCs, ACLs (including sector ACLs)
and ACTs implemented by the
Comprehensive ACL Amendment with
improved data. The revisions are
necessary because if the ABCs, ACLs
(including sector ACLs), and ACTs are
not updated using the new data, there
could be a disconnect between the ACLs
and the landings used to determine if
ACLs are met and AMs are triggered.
The Magnuson-Stevens Act provides the
statutory basis for the proposed action.
No duplicative, overlapping, or
conflicting Federal rules have been
identified.
The rule would apply directly to
licensed commercial fishermen in the
Finfish Fishing Industry (NAICS
114111) that harvest six stock
complexes and six individual stocks of
the South Atlantic snapper-grouper
fishery. An estimated 890 to 944 small
businesses in the Finfish Fishing
Industry may be affected.
This proposed rule would not
establish any new reporting or recordkeeping requirements. If the measures
contained in this proposed rule are
implemented, they are expected to
increase the lengths of commercial
fishing seasons for the deep-water and
porgies stock complexes and
collectively increase annual landings by
33,821 lb (15,341 kg) and $78,259.
These proposed measures are also
expected to decrease the lengths of
commercial fishing seasons for the jacks
complex, blue runner and gray
triggerfish, and collectively decrease
annual landings by 46,527 lb (21,104 kg)
and $74,520. The collective net change
to small businesses in the Finfish
Fishing Industry would be a loss of
annual landings of 12,706 lb (5,763 kg),
but a gain of $3,739 because the deepwater and porgies stock complexes are
more valued species. With an estimated
890 to 944 small businesses potentially
affected, the average annual gain per
small business would be $3.96 to $4.20.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico,
Reporting and recordkeeping
requirements, Virgin Islands.
VerDate Mar<14>2013
14:39 Mar 20, 2013
Jkt 229001
Dated: March 15, 2013.
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.
For the reasons set out in the
preamble, 50 CFR part 622 is proposed
to be amended as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF, AND SOUTH
ATLANTIC
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.49, the first sentence of
paragraphs (b)(8)(i)(A), (b)(8)(ii),
(b)(9)(i)(A), (b)(9)(ii), (b)(10)(i)(A),
(b)(10)(ii), (b)(12)(i)(A), (b)(12)(ii),
(b)(13)(i)(A), (b)(13)(ii), (b)(16)(i)(A),
(b)(16)(ii), (b)(17)(i)(A), (b)(17)(ii),
(b)(19)(i)(A), (b)(19)(ii), (b)(20)(i)(A),
(b)(20)(ii), (b)(21)(i)(A), (b)(21)(ii),
(b)(23)(i)(A), (b)(23)(ii), (b)(24)(i)(A), and
(b)(24)(ii) are revised, to read as follows:
■
§ 622.49 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
*
*
*
*
*
(b) * * *
(8) * * *
(i) * * *
(A) If commercial landings for the
deep-water complex, as estimated by the
SRD, reach or are projected to reach the
commercial ACL of 376,469 lb (170,763
kg), round weight, the AA will file a
notification with the Office of the
Federal Register to close the commercial
sector for this complex for the
remainder of the fishing year. * * *
*
*
*
*
*
(ii) * * * If recreational landings for
the deep-water complex, as estimated by
the SRD, exceed the recreational ACL of
334,556 lb (151,752 kg), round weight,
then during the following fishing year,
recreational landings will be monitored
for a persistence in increased landings
and, if necessary, the AA will file a
notification with the Office of the
Federal Register, to reduce the length of
the following recreational fishing season
by the amount necessary to ensure
recreational landings do not exceed the
recreational ACL in the following
fishing year. * * *
(9) * * *
(i) * * *
(A) If commercial landings for scamp,
as estimated by the SRD, reach or are
projected to reach the commercial ACL
of 333,100 lb (151,092 kg), round
weight, the AA will file a notification
PO 00000
Frm 00039
Fmt 4702
Sfmt 4702
with the Office of the Federal Register
to close the commercial sector for the
remainder of the fishing year. * * *
*
*
*
*
*
(ii) * * * If recreational landings for
scamp, as estimated by the SRD, exceed
the recreational ACL of 176,688 lb
(80,144 kg), round weight, then during
the following fishing year, recreational
landings will be monitored for a
persistence in increased landings and, if
necessary, the AA will file a notification
with the Office of the Federal Register,
to reduce the length of the following
recreational fishing season by the
amount necessary to ensure recreational
landings do not exceed the recreational
ACL in the following fishing year. * * *
(10) * * *
(i) * * *
(A) If commercial landings for other
SASWG, as estimated by the SRD, reach
or are projected to reach the commercial
ACL of 49,776 lb (22,578 kg), round
weight, the AA will file a notification
with the Office of the Federal Register
to close the commercial sector for this
complex for the remainder of the fishing
year. * * *
*
*
*
*
*
(ii) * * * If recreational landings for
other SASWG, as estimated by the SRD,
exceed the recreational ACL of 46,656 lb
(21,163 kg), round weight, then during
the following fishing year, recreational
landings will be monitored for a
persistence in increased landings and, if
necessary, the AA will file a notification
with the Office of the Federal Register,
to reduce the length of the following
recreational fishing season by the
amount necessary to ensure recreational
landings do not exceed the recreational
ACL in the following fishing year. * * *
*
*
*
*
*
(12) * * *
(i) * * *
(A) If commercial landings for lesser
amberjack, almaco jack, and banded
rudderfish, combined, as estimated by
the SRD, reach or are projected to reach
their combined commercial ACL of
189,422 lb (85,920 kg), round weight,
the AA will file a notification with the
Office of the Federal Register to close
the commercial sector for this complex
for the remainder of the fishing
year. * * *
*
*
*
*
*
(ii) * * * If recreational landings for
the complex (lesser amberjack, almaco
jack, and banded rudderfish), combined,
as estimated by the SRD, exceed the
recreational ACL of 267,799 lb (121,472
kg), round weight, then during the
following fishing year, recreational
landings will be monitored for a
persistence in increased landings and, if
E:\FR\FM\21MRP1.SGM
21MRP1
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 55 / Thursday, March 21, 2013 / Proposed Rules
necessary, the AA will file a notification
with the Office of the Federal Register,
to reduce the length of the following
recreational fishing season by the
amount necessary to ensure recreational
landings do not exceed the recreational
ACL in the following fishing year. * * *
(13) * * *
(i) * * *
(A) If commercial landings for bar
jack, as estimated by the SRD, reach or
are projected to reach the commercial
ACL of 5,265 lb (2,388 kg), round
weight, the AA will file a notification
with the Office of the Federal Register
to close the commercial sector for the
remainder of the fishing year. * * *
*
*
*
*
*
(ii) * * * If recreational landings for
bar jack, as estimated by the SRD,
exceed the recreational ACL of 19,515 lb
(8,852 kg), round weight, then during
the following fishing year, recreational
landings will be monitored for a
persistence in increased landings and, if
necessary, the AA will file a notification
with the Office of the Federal Register,
to reduce the length of the following
recreational fishing season by the
amount necessary to ensure recreational
landings do not exceed the recreational
ACL in the following fishing year. * * *
*
*
*
*
*
(16) * * *
(i) * * *
(A) If commercial landings combined
for this other snappers complex, as
estimated by the SRD, reach or are
projected to reach the combined
complex commercial ACL of 215,662 lb
(97,823 kg), round weight, the AA will
file a notification with the Office of the
Federal Register to close the commercial
sector for this complex for the
remainder of the fishing year. * * *
*
*
*
*
*
(ii) * * * If the combined recreational
landings for this snappers complex, as
estimated by the SRD, exceed the
recreational ACL of 728,577 lb (330,477
kg), round weight, then during the
following fishing year, recreational
landings will be monitored for a
persistence in increased landings and, if
necessary, the AA will file a notification
with the Office of the Federal Register,
to reduce the length of the following
recreational fishing season by the
amount necessary to ensure recreational
landings do not exceed the recreational
ACL for this complex in the following
fishing year. * * *
(17) * * *
(i) * * *
(A) If commercial landings for gray
triggerfish, as estimated by the SRD,
reach or are projected to reach the
commercial ACL of 272,880 lb (123,776
VerDate Mar<14>2013
14:39 Mar 20, 2013
Jkt 229001
kg), round weight, the AA will file a
notification with the Office of the
Federal Register to close the commercial
sector for the remainder of the fishing
year. * * *
*
*
*
*
*
(ii) * * * If recreational landings for
gray triggerfish, as estimated by the
SRD, exceed the recreational ACL of
353,638 lb (160,407 kg), round weight,
then during the following fishing year,
recreational landings will be monitored
for a persistence in increased landings
and, if necessary, the AA will file a
notification with the Office of the
Federal Register, to reduce the length of
the following recreational fishing season
by the amount necessary to ensure
recreational landings do not exceed the
recreational ACL in the following
fishing year. * * *
*
*
*
*
*
(19) * * *
(i) * * *
(A) If commercial landings for blue
runner, as estimated by the SRD, reach
or are projected to reach the commercial
ACL of 177,506 lb (80,515 kg), round
weight, the AA will file a notification
with the Office of the Federal Register
to close the commercial sector for the
remainder of the fishing year. * * *
*
*
*
*
*
(ii) * * * If recreational landings for
blue runner, as estimated by the SRD,
exceed the recreational ACL of 948,223
lb (430,107 kg), round weight, then
during the following fishing year,
recreational landings will be monitored
for a persistence in increased landings
and, if necessary, the AA will file a
notification with the Office of the
Federal Register, to reduce the length of
the following recreational fishing season
by the amount necessary to ensure
recreational landings do not exceed the
recreational ACL in the following
fishing year. * * *
*
*
*
*
*
(20) * * *
(i) * * *
(A) If commercial landings for
Atlantic spadefish, as estimated by the
SRD, reach or are projected to reach the
commercial ACL of 35,108 lb (15,925
kg), round weight, the AA will file a
notification with the Office of the
Federal Register to close the commercial
sector for the remainder of the fishing
year. * * *
*
*
*
*
*
(ii) * * * If recreational landings for
Atlantic spadefish, as estimated by the
SRD, exceed the recreational ACL of
154,352 lb (70,013 kg), round weight,
then during the following fishing year,
recreational landings will be monitored
for a persistence in increased landings
PO 00000
Frm 00040
Fmt 4702
Sfmt 4702
17339
and, if necessary, the AA will file a
notification with the Office of the
Federal Register, to reduce the length of
the following recreational fishing season
by the amount necessary to ensure
recreational landings do not exceed the
recreational ACL in the following
fishing year. * * *
(21) * * *
(i) * * *
(A) If commercial landings for
hogfish, as estimated by the SRD, reach
or are projected to reach the commercial
ACL of 49,469 lb (22,439 kg), round
weight, the AA will file a notification
with the Office of the Federal Register
to close the commercial sector for the
remainder of the fishing year. * * *
*
*
*
*
*
(ii) * * * If recreational landings for
hogfish, as estimated by the SRD,
exceed the recreational ACL of 85,355 lb
(38,716 kg), round weight, then during
the following fishing year, recreational
landings will be monitored for a
persistence in increased landings and, if
necessary, the AA will file a notification
with the Office of the Federal Register,
to reduce the length of the following
recreational fishing season by the
amount necessary to ensure recreational
landings do not exceed the recreational
ACL in the following fishing year. * * *
*
*
*
*
*
(23) * * *
(i) * * *
(A) If commercial landings for
jolthead porgy, knobbed porgy,
whitebone porgy, scup, and saucereye
porgy, combined, as estimated by the
SRD, reach or are projected to reach the
commercial complex ACL of 36,348 lb
(16,487 kg), round weight, the AA will
file a notification with the Office of the
Federal Register to close the commercial
sector for this complex for the
remainder of the fishing year. * * *
*
*
*
*
*
(ii) * * * If recreational landings for
jolthead porgy, knobbed porgy,
whitebone porgy, scup, and saucereye
porgy, combined, as estimated by the
SRD, exceed the recreational ACL of
106,914 lb (48,495 kg), round weight,
then during the following fishing year,
recreational landings will be monitored
for a persistence in increased landings
and, if necessary, the AA will file a
notification with the Office of the
Federal Register, to reduce the length of
the following recreational fishing season
for this complex by the amount
necessary to ensure recreational
landings do not exceed the recreational
ACL in the following fishing year. * * *
(24) * * *
(i) * * *
(A) If commercial landings for white
grunt, sailor’s choice, tomtate, and
E:\FR\FM\21MRP1.SGM
21MRP1
17340
Federal Register / Vol. 78, No. 55 / Thursday, March 21, 2013 / Proposed Rules
margate, combined, as estimated by the
SRD, reach or are projected to reach the
commercial complex ACL of 218,539 lb
(99,128 kg), round weight, the AA will
file a notification with the Office of the
Federal Register to close the commercial
sector for this complex for the
remainder of the fishing year. * * *
*
*
*
*
*
(ii) * * * If recreational landings for
white grunt, sailor’s choice, tomtate,
and margate, as estimated by the SRD,
exceed the recreational ACL of 588,113
lb (266,764 kg), round weight, then
during the following fishing year,
recreational landings will be monitored
for a persistence in increased landings
and, if necessary, the AA will file a
notification with the Office of the
Federal Register, to reduce the length of
the following recreational fishing season
for this complex by the amount
necessary to ensure recreational
landings do not exceed the recreational
ACL in the following fishing year. * * *
*
*
*
*
*
[FR Doc. 2013–06417 Filed 3–20–13; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 130215145–3145–01]
RIN 0648–BD01
Control Date for Qualifying Landings
History in the Western Gulf of Alaska
Trawl Groundfish Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Advance notice of proposed
rulemaking (ANPR); control date.
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
AGENCY:
SUMMARY: At the request of the North
Pacific Fishery Management Council
(Council), this notice announces a
control date of March 1, 2013, that may
be used as a reference for future
management actions applicable to, but
not limited to, qualifying landings and
permit history for an allocation-based
management or catch share program in
the Western Gulf of Alaska (GOA) trawl
groundfish fisheries. This notice is
intended to discourage speculative entry
into the fisheries while the Council
considers whether and how allocations
of fishing privileges should be
developed under a future management
program. The Council selected the
control date based on previous fishing
VerDate Mar<14>2013
14:39 Mar 20, 2013
Jkt 229001
activity in the Western GOA groundfish
fisheries, in which the majority of the
fishery has concluded by March 1 each
year. This notice is publishing close to
the control date of March 1, 2013, and
so will not either prompt speculation in
advance of its publication, or
disadvantage any fishers regarding their
fishing activity after the control date,
but before publication. This notice is
also intended to promote awareness of
possible rulemaking and provide notice
to the public that any accumulation of
landings history in the Western GOA
trawl groundfish fisheries occurring
after the control date may not be
credited for purposes of making any
allocation under a future management
program.
DATES: March 1, 2013, shall be known
as the control date for the Western GOA
trawl groundfish fisheries and may be
used as a reference for allocations in a
future management program that is
consistent with the Council’s objectives
and applicable Federal laws.
FOR FURTHER INFORMATION CONTACT:
Rachel Baker: 907–586–7228 or
rachel.baker@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fisheries in the
U.S. exclusive economic zone (EEZ) of
the GOA under the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP). The Council prepared,
and NMFS approved, the FMP under
the authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (MSA), 16 U.S.C. 1801 et seq.
Regulations governing U.S. fisheries and
implementing the FMP appear at 50
CFR parts 600 and 679.
This advance notice of proposed
rulemaking would apply to owners and
operators of catcher vessels and catcher/
processors participating in Federal
fisheries prosecuted with trawl gear in
the Western Reporting Area of the GOA.
The Western Reporting Area, defined at
§ 679.2 and shown in Figure 3 to 50 CFR
part 679, includes the Western
Regulatory Area (Statistical Area 610).
The Council and NMFS annually
establish biological thresholds and
annual total allowable catch limits for
groundfish species to sustainably
manage the groundfish fisheries in the
GOA. To achieve these objectives,
NMFS requires vessel operators
participating in GOA groundfish
fisheries to comply with various
restrictions, such as fishery closures, to
maintain catch within specified total
allowable catch limits. The GOA
groundfish fishery restrictions also
include prohibited species catch (PSC)
limits for species that are generally
required to be discarded when
PO 00000
Frm 00041
Fmt 4702
Sfmt 4702
harvested. When harvest of a PSC
species reaches the specified PSC limit
for that fishery, NMFS closes directed
fishing for the target groundfish species,
even if the total allowable catch limit for
that species has not been harvested.
The Council and NMFS have long
sought to control the amount of fishing
in the North Pacific Ocean to ensure
that fisheries are conservatively
managed and do not exceed established
biological thresholds. One of the
measures used by the Council and
NMFS is the license limitation program
(LLP), which limits access to the
groundfish, crab, and scallop fisheries
in the Bering Sea and Aleutian Islands
and the GOA. The LLP is intended to
limit entry into federally managed
fisheries. For groundfish, the LLP
requires that persons hold and assign a
license to each vessel that is used to fish
in federally managed fisheries, with
some limited exemptions. The preamble
to the final rule implementing the
groundfish LLP provides a more
detailed explanation of the rationale for
specific provisions in the LLP (October
1, 1998; 63 FR 52642).
Over the past few years, the Council
has recommended amendments to the
FMP to reduce the use of PSC in the
GOA fisheries. Under Amendment 93 to
the FMP, the Council recommended,
and NMFS approved, Chinook PSC
limits in the GOA pollock (Theragra
chalcogramma) trawl fisheries (77 FR
42629, July 20, 2012). In June 2012, the
Council recommended an FMP
amendment to reduce Pacific halibut
(Hippoglossus stenolepis) PSC limits for
the trawl and longline fisheries in the
Central GOA and Western GOA. This
series of actions reflects the Council’s
commitment to reduce PSC in the GOA
fisheries. Participants in these fisheries
have raised concerns that the current
limited access management system
creates a substantial disincentive for
participants to take actions to reduce
PSC usage, particularly if those actions
could reduce target catch rates.
Additionally, any participants who
choose not to take actions to reduce PSC
usage stand to gain additional target
catch by continuing to harvest
groundfish at a higher catch rate, at the
expense of any vessels engaged in PSC
avoidance. In February 2013, the
Council unanimously adopted a
purpose and need statement, and goals
and objectives, to support the
development of a management system
that would remove this disincentive to
reduce PSC usage in Western GOA trawl
groundfish fisheries.
The Council intends to develop a
management program that would
replace the current limited access
E:\FR\FM\21MRP1.SGM
21MRP1
]]>Agencies
[Federal Register Volume 78, Number 55 (Thursday, March 21, 2013)]
[Proposed Rules]
[Pages 17336-17340]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06417]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120815345-3223-01]
RIN 0648-BC41
Snapper-Grouper Fishery off the Southern Atlantic States;
Snapper-Grouper Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes regulations to implement a regulatory amendment
(Regulatory Amendment 13) to the Fishery Management Plan for the
Snapper-Grouper Fishery of the South Atlantic Region (FMP), as prepared
by the South Atlantic Fishery Management Council (Council). If
implemented, this rule would revise the annual catch limits (ACLs)
(including sector ACLs) for 37 species in the snapper-grouper fishery
management unit (FMU). The intent of this rule is to ensure that the
ACLs are based on the best scientific information available, and to
prevent unnecessary negative socio-economic impacts to participants in
the snapper-grouper fishery and fishing community that could occur if
the ACLs are not revised, in accordance with the provisions set forth
in the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act).
DATES: Written comments must be received on or before April 22, 2013.
ADDRESSES: You may submit comments on this document, identified by
``NOAA-NMFS-2012-0245'', by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2012-0245, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Nikhil Mehta, Southeast
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
Instructions: 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 by NMFS. 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.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. 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, Excel, or Adobe PDF file formats only.
Electronic copies of documents supporting this proposed rule
including an environmental assessment, initial regulatory flexibility
analysis (IRFA), regulatory impact review, and fishery impact statement
may be obtained from the Southeast Regional Office Web site at https://sero.nmfs.noaa.gov/sf/SASnapperGrouperHomepage.htm.
FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, telephone: 727-824-5305,
or email: Nikhil.Mehta@noaa.gov.
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic is managed under the FMP and includes the 37 snapper-grouper
species addressed in Regulatory Amendment 13 and this proposed rule.
These 37 snapper-grouper species do not have stock assessments; their
acceptable biological catch estimates (ABCs) are greater than zero; and
their ABCs were specified using a formula established in the
Comprehensive ACL Amendment. Species in the FMU with stock assessments
and species with an ABC equal to zero are not addressed in Regulatory
Amendment 13. However, they will be considered in future amendments.
The FMP was prepared by the Council and implemented through regulations
at 50 CFR parts 622 under the authority of the Magnuson-Stevens Act.
Background
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing of federally managed fish
stocks, to the extent practicable. This mandate is 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. National
Standard 2 of the Magnuson-Stevens Act states that the conservation and
management measures of fishery management plans and any regulations
promulgated to implement any such plan shall be based upon the best
scientific information available.
[[Page 17337]]
To address this mandate of the Magnuson-Stevens Act, NMFS published
the final rule to implement the Comprehensive ACL Amendment on March
16, 2012 (77 FR 15916). That final rule established ACLs (including
sector-specific ACL allocations) and accountability measures (AMs) for
select species in the snapper-grouper FMU. Additionally, the
Comprehensive ACL Amendment established ABCs and annual catch targets
(ACTs) for these select species in the snapper-grouper FMU. These ABCs
and ACTs are not codified in the regulatory text. Recreational catch
estimates in the Comprehensive ACL Amendment were determined by using
data generated by the Marine Recreational Fisheries Statistics Survey
(MRFSS), which was the best scientific information available at that
time.
The MRFSS is made up of an integrated system of surveys, each
targeted toward particular segments of the fishing community (one for
for-hire vessels, one for anglers pursuing highly migratory species,
and one for all other anglers). It usually takes a couple of months to
compile information from both surveys, perform quality control, and
tabulate the results from each 2-month wave of data. As a result, in
most places, total estimates of catch and effort are produced on an
annual basis. These annual estimates are then used by NMFS and the
Council to make informed decisions about the health and sustainability
of the fishery and how many fish can be harvested the following year.
Since the implementation of the Comprehensive ACL Amendment on
April 16, 2012, there have been substantial improvements in the data
collection and catch estimation methodologies that are used to generate
the data for the computation of ABCs and recreational and commercial
ACLs and ACTs. NMFS no longer uses the MRFSS and now estimates landings
using the Marine Recreational Information Program (MRIP).
The MRIP collects data on a more frequent basis and provides more
accurate recreational catch estimates by accounting for potential
biases such as possible differences in catch rates at high-activity and
low-activity fishing sites, as well as variation in fishing effort
throughout the day. As described in Regulatory Amendment 13, the NMFS
Office of Science and Technology released MRIP data from 2004-2011.
MRFSS data from 2004-2011 were compared with MRIP data (2004-2011) and
ratio estimators were generated. These ratio estimators were used to
recalibrate MRFSS data from 1986-2003 to MRIP data (from 1986-2003).
These calculations provided a complete MRIP data set from 1986-2011. To
determine the ABCs for these species in the Comprehensive ACL
Amendment, the Council's SSC used data from 1999-2008 for 36 out of the
37 species (1986-2008 for blueline tilefish). The same years of MRIP
data were used to determine revised ABC values for the 37 species in
Regulatory Amendment 13. The revised ABC values also include updated
commercial and for-hire landings data. Using those revised ABC values,
the same procedures used in the Comprehensive ACL Amendment for
calculating ACL and ACT values were also used in Regulatory Amendment
13.
The revisions are necessary because if the ABC, ACL, and ACT values
are not updated with the new MRIP estimates, ACLs would be set using
MRFSS data while the landings being used to track the ACLs would be
estimated using MRIP data. This would result in a disconnect in how
ACLs are calculated versus how they are monitored. The changes in data
impact the allocations to the commercial and recreational sectors
because the formula used to establish the allocations remains unchanged
from what was implemented previously in the Comprehensive ACL
Amendment.
Using MRIP values to estimate recreational landings, and using
updated headboat and commercial landings, ensures that the ABCs, ACLs,
and ACTs are based on the best scientific information available in
accordance with National Standard 2 of the Magnuson-Stevens Act.
Management Measures Contained in This Proposed Rule
This proposed rule would revise ACLs for the following species and
species complexes: deep-water complex species (yellowedge grouper,
blueline tilefish, silk snapper, misty grouper, sand tilefish, queen
snapper, black snapper, and blackfin snapper); shallow-water groupers
(red hind, rock hind, yellowmouth grouper, yellowfin grouper, coney,
and graysby); snappers (gray snapper, lane snapper, cubera snapper, dog
snapper, and mahogany snapper), jacks (almaco jack, banded rudderfish,
and lesser amberjack), grunts (white grunt, sailor's choice, tomtate,
and margate); porgies (jolthead porgy, knobbed porgy, saucereye porgy,
scup, and whitebone porgy); Atlantic spadefish; blue runner; bar jack;
gray triggerfish; scamp; and hogfish. The ACLs are used to monitor
landings throughout a fishing season. The potential disconnect between
how the ACLs are calculated and how they are monitored is important
because the ACLs trigger the AMs that were established in the
Comprehensive ACL Amendment.
The AMs for the commercial sector for the species and species
complexes in this proposed rule specify that if the commercial ACL for
a species or species complex is reached or projected to be reached
during a fishing year, the sector will close for the remainder of that
fishing year for that species or species complex. If a complex is
closed, sale and purchase of any species in that complex is prohibited.
If a species, or a single member of a species complex, is designated as
overfished and the commercial ACL is exceeded, then during the
following fishing year the commercial sector ACL would be reduced by
the amount of the commercial ACL overage in the prior fishing year.
For the recreational sector, the AMs for the species and species
complexes are as follows: if the recreational ACL is exceeded for a
species or species complex in a fishing year, then during the next
fishing year the NMFS Regional Administrator monitors the recreational
landings for a persistence in increased landings, and using the best
scientific information available, reduces the length of the
recreational fishing season as necessary to ensure the recreational
landings do not exceed the recreational ACL.
This proposed rule would ensure that the methodology used to
calculate the ACLs is consistent with the methodology used to monitor
landings and determine when it is necessary to trigger the established
AMs.
Additional Measures Contained in Regulatory Amendment 13
In addition to the ACL revisions in this proposed rule, Regulatory
Amendment 13 would revise the ABCs, and ACTs for the 37 un-assessed
species in the snapper-grouper FMU, using the improved data methods as
previously described.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
Assistant Administrator for Fisheries, NOAA, (AA) has determined that
this proposed rule is consistent with Regulatory Amendment 13, the FMP,
the Magnuson-Stevens Act and other applicable law, subject to further
consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified
[[Page 17338]]
to the Chief Counsel for Advocacy of the Small Business Administration
that this rule, if implemented, would not have a significant economic
impact on a substantial number of small entities. The factual basis for
this determination is as follows:
The purpose of this rule and Regulatory Amendment 13 is to revise
the ABCs, ACLs (including sector ACLs) and ACTs implemented by the
Comprehensive ACL Amendment with improved data. The revisions are
necessary because if the ABCs, ACLs (including sector ACLs), and ACTs
are not updated using the new data, there could be a disconnect between
the ACLs and the landings used to determine if ACLs are met and AMs are
triggered. The Magnuson-Stevens Act provides the statutory basis for
the proposed action.
No duplicative, overlapping, or conflicting Federal rules have been
identified.
The rule would apply directly to licensed commercial fishermen in
the Finfish Fishing Industry (NAICS 114111) that harvest six stock
complexes and six individual stocks of the South Atlantic snapper-
grouper fishery. An estimated 890 to 944 small businesses in the
Finfish Fishing Industry may be affected.
This proposed rule would not establish any new reporting or record-
keeping requirements. If the measures contained in this proposed rule
are implemented, they are expected to increase the lengths of
commercial fishing seasons for the deep-water and porgies stock
complexes and collectively increase annual landings by 33,821 lb
(15,341 kg) and $78,259. These proposed measures are also expected to
decrease the lengths of commercial fishing seasons for the jacks
complex, blue runner and gray triggerfish, and collectively decrease
annual landings by 46,527 lb (21,104 kg) and $74,520. The collective
net change to small businesses in the Finfish Fishing Industry would be
a loss of annual landings of 12,706 lb (5,763 kg), but a gain of $3,739
because the deep-water and porgies stock complexes are more valued
species. With an estimated 890 to 944 small businesses potentially
affected, the average annual gain per small business would be $3.96 to
$4.20.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: March 15, 2013.
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.
For the reasons set out in the preamble, 50 CFR part 622 is
proposed to be amended as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.49, the first sentence of paragraphs (b)(8)(i)(A),
(b)(8)(ii), (b)(9)(i)(A), (b)(9)(ii), (b)(10)(i)(A), (b)(10)(ii),
(b)(12)(i)(A), (b)(12)(ii), (b)(13)(i)(A), (b)(13)(ii), (b)(16)(i)(A),
(b)(16)(ii), (b)(17)(i)(A), (b)(17)(ii), (b)(19)(i)(A), (b)(19)(ii),
(b)(20)(i)(A), (b)(20)(ii), (b)(21)(i)(A), (b)(21)(ii), (b)(23)(i)(A),
(b)(23)(ii), (b)(24)(i)(A), and (b)(24)(ii) are revised, to read as
follows:
Sec. 622.49 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(b) * * *
(8) * * *
(i) * * *
(A) If commercial landings for the deep-water complex, as estimated
by the SRD, reach or are projected to reach the commercial ACL of
376,469 lb (170,763 kg), round weight, the AA will file a notification
with the Office of the Federal Register to close the commercial sector
for this complex for the remainder of the fishing year. * * *
* * * * *
(ii) * * * If recreational landings for the deep-water complex, as
estimated by the SRD, exceed the recreational ACL of 334,556 lb
(151,752 kg), round weight, then during the following fishing year,
recreational landings will be monitored for a persistence in increased
landings and, if necessary, the AA will file a notification with the
Office of the Federal Register, to reduce the length of the following
recreational fishing season by the amount necessary to ensure
recreational landings do not exceed the recreational ACL in the
following fishing year. * * *
(9) * * *
(i) * * *
(A) If commercial landings for scamp, as estimated by the SRD,
reach or are projected to reach the commercial ACL of 333,100 lb
(151,092 kg), round weight, the AA will file a notification with the
Office of the Federal Register to close the commercial sector for the
remainder of the fishing year. * * *
* * * * *
(ii) * * * If recreational landings for scamp, as estimated by the
SRD, exceed the recreational ACL of 176,688 lb (80,144 kg), round
weight, then during the following fishing year, recreational landings
will be monitored for a persistence in increased landings and, if
necessary, the AA will file a notification with the Office of the
Federal Register, to reduce the length of the following recreational
fishing season by the amount necessary to ensure recreational landings
do not exceed the recreational ACL in the following fishing year. * * *
(10) * * *
(i) * * *
(A) If commercial landings for other SASWG, as estimated by the
SRD, reach or are projected to reach the commercial ACL of 49,776 lb
(22,578 kg), round weight, the AA will file a notification with the
Office of the Federal Register to close the commercial sector for this
complex for the remainder of the fishing year. * * *
* * * * *
(ii) * * * If recreational landings for other SASWG, as estimated
by the SRD, exceed the recreational ACL of 46,656 lb (21,163 kg), round
weight, then during the following fishing year, recreational landings
will be monitored for a persistence in increased landings and, if
necessary, the AA will file a notification with the Office of the
Federal Register, to reduce the length of the following recreational
fishing season by the amount necessary to ensure recreational landings
do not exceed the recreational ACL in the following fishing year. * * *
* * * * *
(12) * * *
(i) * * *
(A) If commercial landings for lesser amberjack, almaco jack, and
banded rudderfish, combined, as estimated by the SRD, reach or are
projected to reach their combined commercial ACL of 189,422 lb (85,920
kg), round weight, the AA will file a notification with the Office of
the Federal Register to close the commercial sector for this complex
for the remainder of the fishing year. * * *
* * * * *
(ii) * * * If recreational landings for the complex (lesser
amberjack, almaco jack, and banded rudderfish), combined, as estimated
by the SRD, exceed the recreational ACL of 267,799 lb (121,472 kg),
round weight, then during the following fishing year, recreational
landings will be monitored for a persistence in increased landings and,
if
[[Page 17339]]
necessary, the AA will file a notification with the Office of the
Federal Register, to reduce the length of the following recreational
fishing season by the amount necessary to ensure recreational landings
do not exceed the recreational ACL in the following fishing year. * * *
(13) * * *
(i) * * *
(A) If commercial landings for bar jack, as estimated by the SRD,
reach or are projected to reach the commercial ACL of 5,265 lb (2,388
kg), round weight, the AA will file a notification with the Office of
the Federal Register to close the commercial sector for the remainder
of the fishing year. * * *
* * * * *
(ii) * * * If recreational landings for bar jack, as estimated by
the SRD, exceed the recreational ACL of 19,515 lb (8,852 kg), round
weight, then during the following fishing year, recreational landings
will be monitored for a persistence in increased landings and, if
necessary, the AA will file a notification with the Office of the
Federal Register, to reduce the length of the following recreational
fishing season by the amount necessary to ensure recreational landings
do not exceed the recreational ACL in the following fishing year. * * *
* * * * *
(16) * * *
(i) * * *
(A) If commercial landings combined for this other snappers
complex, as estimated by the SRD, reach or are projected to reach the
combined complex commercial ACL of 215,662 lb (97,823 kg), round
weight, the AA will file a notification with the Office of the Federal
Register to close the commercial sector for this complex for the
remainder of the fishing year. * * *
* * * * *
(ii) * * * If the combined recreational landings for this snappers
complex, as estimated by the SRD, exceed the recreational ACL of
728,577 lb (330,477 kg), round weight, then during the following
fishing year, recreational landings will be monitored for a persistence
in increased landings and, if necessary, the AA will file a
notification with the Office of the Federal Register, to reduce the
length of the following recreational fishing season by the amount
necessary to ensure recreational landings do not exceed the
recreational ACL for this complex in the following fishing year. * * *
(17) * * *
(i) * * *
(A) If commercial landings for gray triggerfish, as estimated by
the SRD, reach or are projected to reach the commercial ACL of 272,880
lb (123,776 kg), round weight, the AA will file a notification with the
Office of the Federal Register to close the commercial sector for the
remainder of the fishing year. * * *
* * * * *
(ii) * * * If recreational landings for gray triggerfish, as
estimated by the SRD, exceed the recreational ACL of 353,638 lb
(160,407 kg), round weight, then during the following fishing year,
recreational landings will be monitored for a persistence in increased
landings and, if necessary, the AA will file a notification with the
Office of the Federal Register, to reduce the length of the following
recreational fishing season by the amount necessary to ensure
recreational landings do not exceed the recreational ACL in the
following fishing year. * * *
* * * * *
(19) * * *
(i) * * *
(A) If commercial landings for blue runner, as estimated by the
SRD, reach or are projected to reach the commercial ACL of 177,506 lb
(80,515 kg), round weight, the AA will file a notification with the
Office of the Federal Register to close the commercial sector for the
remainder of the fishing year. * * *
* * * * *
(ii) * * * If recreational landings for blue runner, as estimated
by the SRD, exceed the recreational ACL of 948,223 lb (430,107 kg),
round weight, then during the following fishing year, recreational
landings will be monitored for a persistence in increased landings and,
if necessary, the AA will file a notification with the Office of the
Federal Register, to reduce the length of the following recreational
fishing season by the amount necessary to ensure recreational landings
do not exceed the recreational ACL in the following fishing year. * * *
* * * * *
(20) * * *
(i) * * *
(A) If commercial landings for Atlantic spadefish, as estimated by
the SRD, reach or are projected to reach the commercial ACL of 35,108
lb (15,925 kg), round weight, the AA will file a notification with the
Office of the Federal Register to close the commercial sector for the
remainder of the fishing year. * * *
* * * * *
(ii) * * * If recreational landings for Atlantic spadefish, as
estimated by the SRD, exceed the recreational ACL of 154,352 lb (70,013
kg), round weight, then during the following fishing year, recreational
landings will be monitored for a persistence in increased landings and,
if necessary, the AA will file a notification with the Office of the
Federal Register, to reduce the length of the following recreational
fishing season by the amount necessary to ensure recreational landings
do not exceed the recreational ACL in the following fishing year. * * *
(21) * * *
(i) * * *
(A) If commercial landings for hogfish, as estimated by the SRD,
reach or are projected to reach the commercial ACL of 49,469 lb (22,439
kg), round weight, the AA will file a notification with the Office of
the Federal Register to close the commercial sector for the remainder
of the fishing year. * * *
* * * * *
(ii) * * * If recreational landings for hogfish, as estimated by
the SRD, exceed the recreational ACL of 85,355 lb (38,716 kg), round
weight, then during the following fishing year, recreational landings
will be monitored for a persistence in increased landings and, if
necessary, the AA will file a notification with the Office of the
Federal Register, to reduce the length of the following recreational
fishing season by the amount necessary to ensure recreational landings
do not exceed the recreational ACL in the following fishing year. * * *
* * * * *
(23) * * *
(i) * * *
(A) If commercial landings for jolthead porgy, knobbed porgy,
whitebone porgy, scup, and saucereye porgy, combined, as estimated by
the SRD, reach or are projected to reach the commercial complex ACL of
36,348 lb (16,487 kg), round weight, the AA will file a notification
with the Office of the Federal Register to close the commercial sector
for this complex for the remainder of the fishing year. * * *
* * * * *
(ii) * * * If recreational landings for jolthead porgy, knobbed
porgy, whitebone porgy, scup, and saucereye porgy, combined, as
estimated by the SRD, exceed the recreational ACL of 106,914 lb (48,495
kg), round weight, then during the following fishing year, recreational
landings will be monitored for a persistence in increased landings and,
if necessary, the AA will file a notification with the Office of the
Federal Register, to reduce the length of the following recreational
fishing season for this complex by the amount necessary to ensure
recreational landings do not exceed the recreational ACL in the
following fishing year. * * *
(24) * * *
(i) * * *
(A) If commercial landings for white grunt, sailor's choice,
tomtate, and
[[Page 17340]]
margate, combined, as estimated by the SRD, reach or are projected to
reach the commercial complex ACL of 218,539 lb (99,128 kg), round
weight, the AA will file a notification with the Office of the Federal
Register to close the commercial sector for this complex for the
remainder of the fishing year. * * *
* * * * *
(ii) * * * If recreational landings for white grunt, sailor's
choice, tomtate, and margate, as estimated by the SRD, exceed the
recreational ACL of 588,113 lb (266,764 kg), round weight, then during
the following fishing year, recreational landings will be monitored for
a persistence in increased landings and, if necessary, the AA will file
a notification with the Office of the Federal Register, to reduce the
length of the following recreational fishing season for this complex by
the amount necessary to ensure recreational landings do not exceed the
recreational ACL in the following fishing year. * * *
* * * * *
[FR Doc. 2013-06417 Filed 3-20-13; 8:45 am]
BILLING CODE 3510-22-P
