Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2013 Accountability Measures for Species in the U. S. Caribbean, 18247-18249 [2013-06862]
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Federal Register / Vol. 78, No. 58 / Tuesday, March 26, 2013 / Rules and Regulations
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Middle Class Tax Relief and Job
Creation Act of 2012; Establishment of
a Public Safety Answering Point DoNot-Call Registry, Report and Order
(Order). This notice is consistent with
the Order, which stated that the
Commission would publish a document
in the Federal Register announcing
OMB approval and the effective date of
the requirements. Once the operational
details of the PSAP Do-Not-Call Registry
have been finalized, the Commission
intends to issue a Public Notice noting
the date by which affected entities must
begin complying with these
requirements.
DATES: 47 CFR 1.80 and 64.1202,
published at 77 FR 71131, November 29,
2012, and at 78 FR 10099, February 13,
2013, are effective March 26, 2013.
FOR FURTHER INFORMATION CONTACT:
Richard D. Smith, Consumer and
Governmental Affairs Bureau at (717)
338–2797, or email
Richard.Smith@fcc.gov.
SUPPLEMENTARY INFORMATION: This
document announces that, on March 13,
2013, OMB approved, for a period of
three years, the new information
collection requirements contained in the
Commission’s Order, FCC 12–129,
published at 77 FR 71131, November 29,
2012, and at 78 FR 10099, February 13,
2013. The OMB Control Number is
3060–1183. The Commission publishes
this notice as an announcement of the
effective date of the requirements. If you
have any comments on the burden
estimates listed below, or how the
Commission can improve the
collections and reduce any burdens
caused thereby, please contact Cathy
Williams, Federal Communications
Commission, Room 1–C823, 445 12th
Street SW., Washington, DC 20554.
Please include the OMB Control
Number, 3060–1183, in your
correspondence. The Commission will
also accept your comments via the
Internet if you send them to
PRA@fcc.gov.
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an email to
fcc504@fcc.gov or call the Consumer
and Governmental Affairs Bureau at
(202) 418–0530 (voice), (202) 418–0432
(TTY).
Synopsis
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
the FCC is notifying the public that it
received OMB approval on March 13,
2013, for the new information collection
requirements contained in the
Commission’s rules published at 77 FR
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71131, November 29, 2012, and at 78 FR
10099, February 13, 2013.
Under 5 CFR part 1320, an agency
may not conduct or sponsor a collection
of information unless it displays a
current, valid OMB Control Number.
No person shall be subject to any
penalty for failing to comply with a
collection of information subject to the
Paperwork Reduction Act that does not
display a current, valid OMB Control
Number. The OMB Control Number is
3060–1183.
The foregoing notice is required by
the Paperwork Reduction Act of 1995,
Public Law 104–13, October 1, 1995,
and 44 U.S.C. 3507.
The total annual reporting burdens
and costs for the respondents are as
follows:
OMB Control Number: 3060–1183.
OMB Approval Date: March 13, 2013.
OMB Expiration Date: March 31,
2016.
Title: Establishment of a Public Safety
Answering Point Do-Not-Call Registry,
CG Docket No. 12–129.
Form Number: N/A.
Type of Review: New collection.
Respondents: Businesses or other forprofit entities; Federal Government;
Not-for-profit institutions; State, Local
or Tribal Government.
Number of Respondents and
Responses: 106,500 respondents;
1,446,333 responses.
Estimated Time per Response: 30
minutes (.50 hours) to 2 hours.
Frequency of Response:
Recordkeeping requirement; Annual,
monthly, on occasion and one-time
reporting requirements.
Obligation To Respond: Required to
obtain or retain benefits. The statutory
authority for the information collection
is found in the Middle Class Tax Relief
and Job Creation Act of 2012, Public
Law 112–96, February 22, 2012.
Total Annual Burden: 792,667 hours.
Total Annual Cost: None.
Nature and Extent of Confidentiality:
An assurance of confidentiality is not
offered because this information
collection does not require the
collection of personally identifiable
information (PII) from individuals.
Privacy Impact Assessment: No
impact(s).
Needs and Uses: The rules adopted
herein establish recordkeeping
requirements for a large variety of
entities, including small business
entities. First, each Public Safety
Answering Point (PSAP) may designate
a representative who shall be required
to file a certification with the
administrator of the PSAP registry that
they are authorized to place numbers
onto that registry. The designated PSAP
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18247
representative shall provide contact
information including the PSAP
represented, name, title, address,
telephone number and email address.
Verified PSAPs shall be permitted to
upload to the registry any PSAP
telephone associated with the provision
of emergency services or
communications with other public
safety agencies. On an annual basis
designated PSAP representatives shall
access the registry, review their
numbers and remove any ineligible
numbers from the registry. Second, an
operator of automatic dialing equipment
(OADE) is prohibited from contacting
any number on the PSAP registry. Each
OADE must register for access to the
PSAP registry by providing contact
information which includes name,
business address, contact person,
telephone number, email, and all
outbound telephone numbers used to
place autodialed calls. All such contact
information must be updated within 30
days of any change. In addition, the
OADE must certify that it is accessing
the registry solely to prevent autodialed
calls to numbers on the registry. An
OADE must access and employ a
version of the PSAP registry obtained
from the registry administrator no more
than 31 days prior to the date any call
is made, and maintain record
documenting this process. No person or
entity may sell, rent, lease, purchase,
share, or use the PSAP registry for any
purpose expect to comply with our rules
prohibiting contact with numbers on the
registry.
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison, Office of the
Secretary, Office of Managing Director.
[FR Doc. 2013–06838 Filed 3–25–13; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket Nos. 100120037–1626–02 and
101217620–1788–03]
RIN 0648–XC574
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; 2013
Accountability Measures for Species in
the U. S. Caribbean
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
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Federal Register / Vol. 78, No. 58 / Tuesday, March 26, 2013 / Rules and Regulations
Temporary rule; accountability
measures.
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ACTION:
SUMMARY: NMFS implements
accountability measures (AMs) for
species and species groups in the
exclusive economic zone of the U.S.
Caribbean (EEZ) for the 2013 fishing
year through this temporary rule. NMFS
has determined that several annual
catch limits (ACLs), as estimated by the
Science and Research Director (SRD),
were exceeded during the 2010 or 2011
fishing years. This temporary rule
reduces the length of the 2013 fishing
season for these species and species
groups by the amount necessary to
ensure that landings do not exceed the
applicable ACL in 2013. NMFS
implements AMs for the following
species and species groups as of the date
specified until the end of the fishing
year: Snapper Unit 2 (commercial) in
the EEZ off Puerto Rico, September 21,
2013; wrasses (recreational) in the EEZ
off Puerto Rico, October 21, 2013;
triggerfish and filefish in the EEZ off St.
Croix, November 21, 2013; spiny lobster
in the EEZ off St. Croix, December 19,
2013; groupers in the EEZ off St.
Thomas/St. John, December 20, 2013.
These AMs are necessary to protect the
Caribbean reef fish and spiny lobster
resources.
DATES: This rule is effective April 25,
2013 through December 31, 2013.
Snapper Unit 2 (commercial) AMs in
the EEZ off Puerto Rico are effective
12:01 a.m., local time, September 21,
2013, until 12:01 a.m., local time,
January 1, 2014. Wrasses (recreational)
AMs in the EEZ off Puerto Rico are
effective 12:01 a.m., local time, October
21, 2013, until 12:01 a.m., local time,
January 1, 2014. Triggerfish and filefish
AMs in the EEZ off St. Croix are
effective 12:01 a.m., local time,
November 21, 2013, until 12:01 a.m.,
local time, January 1, 2014. Spiny
lobster AMs in the EEZ off St. Croix are
effective 12:01 a.m., local time,
December 19, 2013, until 12:01 a.m.,
local time, January 1, 2014. Groupers
AMs in the EEZ off St. Thomas/St. John
are effective 12:01 a.m., local time,
December 20, 2013, until 12:01 a.m.,
local time, January 1, 2014.
FOR FURTHER INFORMATION CONTACT:
William S. Arnold, telephone: 727–824–
5305, email: Bill.Arnold@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef
fish fishery of the Caribbean, which
includes snappers in Snapper Unit 2,
triggerfish and filefish, wrasses, and
groupers, is managed under the Fishery
Management Plan (FMP) for the Reef
Fish Fishery of Puerto Rico and the U.S.
Virgin Islands (Reef Fish FMP). Spiny
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lobster of the Caribbean is managed
under the FMP for the Spiny Lobster
Fishery of Puerto Rico and the U.S.
Virgin Islands (Spiny Lobster FMP). The
Spiny Lobster FMP and the Reef Fish
FMP were prepared by the Caribbean
Fishery Management Council and are
implemented under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) by regulations
at 50 CFR part 622. The ACLs specified
in this temporary rule are given in
round weight.
commercial and recreational sector
landings are available. For the St. Croix
and St. Thomas/St. John island
management areas, only commercial
data are available. Therefore, each ACL
for the St. Croix and St. Thomas/St.
John island management areas applies
to both the commercial and recreational
sectors.
Accountability Measures
Pursuant to the AMs established in
the Reef Fish FMP and the Spiny
Lobster FMP, the AMs that apply to
each of the species or species groups
Background
addressed in this temporary rule are as
The Magnuson-Stevens Act requires
follows: if landings from a Caribbean
that ACLs and AMs be established to
island management area, as specified in
end overfishing and prevent overfishing Appendix E to part 622, are estimated
from occurring. ACLs are levels of
by the SRD to have exceeded the
annual catch of a stock or stock complex applicable ACL, the Assistant
that are set to prevent overfishing from
Administrator for Fisheries, NOAA,
occurring. AMs are management
(AA), will file a notification with the
controls to prevent ACLs from being
Office of the Federal Register, at or near
exceeded, and to correct or mitigate
the beginning of the following fishing
overages of the ACL if they occur.
year, to reduce the length of the fishing
The final rule for the 2010 Caribbean
season for the applicable species or
ACL Amendment published on
species groups that year by the amount
December 30, 2011 (76 FR 82404),
necessary to ensure landings do not
established, in part, ACLs and AMs for
exceed the applicable ACL, as specified
reef fish units or sub-units that are
at 50 CFR 622.49(c). Landings will be
classified as undergoing overfishing,
evaluated relative to the applicable ACL
including the species with ACL
based on a moving multi-year average of
overages identified in this temporary
landings, as described in the FMP.
rule: snappers in Snapper Unit 2
However, if NMFS determines the ACL
(cardinal and queen snapper), and
for a particular species or species group
groupers in Grouper Unit 3 (coney,
was exceeded because of enhanced data
graysby, red hind, and rock hind),
collection and monitoring efforts
Grouper Unit 4 (black grouper, red
instead of an increase in total catch of
grouper, tiger grouper, and yellowfin
the species or species group, NMFS will
grouper), and Grouper Unit 5 (misty
not reduce the length of the fishing
grouper and yellowedge grouper). That
season for the applicable species or
final rule allocated these ACLs among
species group the following fishing year.
three Caribbean island management
areas, i.e., the Puerto Rico, St. Croix, and NMFS has determined that the ACLs for
the species and species groups in this
St. Thomas/St. John management areas
temporary rule were exceeded because
of the EEZ, as specified in Appendix E
of an increase in total catch and not
to part 622.
because of enhanced data collection and
The final rule for the 2011 Caribbean
monitoring methods. Therefore, NMFS
ACL Amendment published on
reduces the length of the 2013 fishing
December 30, 2011 (76 FR 82414),
season for these species and species
established, in part, ACLs and AMs for
species and species groups that were not groups by the amount necessary to
ensure that landings do not exceed the
determined to be undergoing
applicable ACL in 2013.
overfishing, including the species with
Some of the species contained in this
ACL overages identified in this
temporary rule have specific prohibited
temporary rule: spiny lobster and
and limited-harvest species limitations.
specific reef fish including wrasses
These limitations apply without regard
(hogfish, puddingwife, and Spanish
to whether the species is harvested by
hogfish), triggerfish (ocean triggerfish,
a vessel operating under a valid
queen triggerfish, and sargassum
commercial fishing license issued by
triggerfish), and filefish (scrawled
filefish, whitespotted filefish, and black Puerto Rico or the U.S. Virgin Islands or
by a person subject to the bag limits, as
durgon). That final rule allocated these
specified at 50 CFR 622.32(b)(1).
ACLs among the three Caribbean island
management areas.
Puerto Rico Commercial Snapper Unit 2
Each ACL allocated to Puerto Rico is
The commercial ACL for Snapper
also allocated between the commercial
Unit 2 in the Puerto Rico management
and recreational sectors because both
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Federal Register / Vol. 78, No. 58 / Tuesday, March 26, 2013 / Rules and Regulations
area is 145,916 lb (66,186 kg), as
specified at 50 CFR 622.49(c)(1)(i)(D).
NMFS has determined the
commercial ACL for Snapper Unit 2
based on 2010–2011 data has been
exceeded. Therefore, this temporary rule
implements AMs for the commercial
sector for Snapper Unit 2 to reduce the
2013 fishing season to ensure landings
do not exceed the commercial ACL for
Snapper Unit 2 in the 2013 fishing year.
The 2013 fishing season for the
commercial sector for Snapper Unit 2 in
or from the Puerto Rico management
area of the EEZ ends effective
September 21, 2013. The 2014 fishing
season begins 12:01 a.m., local time,
January 1, 2014.
Puerto Rico Recreational Wrasses
The recreational ACL for wrasses in
the Puerto Rico management area is
5,050 lb (2,291 kg), as specified at 50
CFR 622.49(c)(1)(ii)(L).
NMFS has determined the
recreational ACL for wrasses based on
2011 data has been exceeded. Therefore,
this temporary rule implements AMs for
the recreational sector for wrasses to
reduce the 2013 fishing season to ensure
landings do not exceed the recreational
ACL for wrasses in the 2013 fishing
year. The 2013 fishing season for the
recreational sector for wrasses in or
from the Puerto Rico management area
of the EEZ ends effective October 21,
2013. The 2014 fishing season begins
12:01 a.m., local time, January 1, 2014.
tkelley on DSK3SPTVN1PROD with RULES
St. Croix Triggerfish and Filefish
The ACL for triggerfish and filefish in
the St. Croix management area is 24,980
lb (11,331 kg), as specified at 50 CFR
622.49(c)(2)(i)(N).
NMFS has determined the ACL for
triggerfish and filefish based on 2011
data has been exceeded. Therefore, this
temporary rule implements AMs for
triggerfish and filefish to reduce the
2013 fishing season to ensure landings
do not exceed the stock ACL for
triggerfish and filefish in the 2013
fishing year. The 2013 fishing season for
triggerfish and filefish in or from the St.
Croix management area of the EEZ ends
effective November 21, 2013. The 2014
fishing season begins 12:01 a.m., local
time, January 1, 2014.
St. Croix Spiny Lobster
The ACL for spiny lobster, in the St.
Croix management area is 107,307 lb
(48,674 kg), as specified at 50 CFR
622.49(c)(2)(i)(O).
NMFS has determined the ACL for
spiny lobster based on 2011 data has
been exceeded. Therefore, this
temporary rule implements AMs for
spiny lobster to reduce the 2013 fishing
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16:42 Mar 25, 2013
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season to ensure landings do not exceed
the ACL for spiny lobster in the 2013
fishing year. The 2013 fishing season for
spiny lobster in or from the St. Croix
management area of the EEZ ends
effective December 19, 2013. The 2014
fishing season begins 12:01 a.m., local
time, January 1, 2014.
St. Thomas/St. John Groupers
The ACL for groupers, in the St.
Thomas/St. John management area is
51,849 lb (23,518 kg), as specified at 50
CFR 622.49(c)(3)(i)(D).
NMFS has determined the ACL for
groupers based on 2010–2011 data has
been exceeded. Therefore, this
temporary rule implements AMs for
groupers to reduce the 2013 fishing
season to ensure landings do not exceed
the ACL for groupers in the 2013 fishing
year. The 2013 fishing season for
groupers in or from the St. Thomas/St.
John management area of the EEZ ends
effective December 20, 2013. The 2014
fishing season begins 12:01 a.m., local
time, January 1, 2014.
Classification
The Regional Administrator,
Southeast Region, NMFS, has
determined this temporary rule is
necessary for the conservation and
management of the Caribbean reef fish
and spiny lobster fisheries and is
consistent with the Magnuson-Stevens
Act, the FMPs, and other applicable
laws.
This action is taken under 50 CFR
622.49(c) and is exempt from review
under Executive Order 12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
Act because the temporary rule is issued
without opportunity for prior notice and
comment.
This action responds to the best
available information recently obtained
from the fisheries. The AA finds there
is good cause to waive the requirements
to provide prior notice and opportunity
for public comment pursuant to the
authority set forth in 5 U.S.C. 553(b)(B).
Such procedures would be unnecessary
because the rules implementing the
ACLs and AMs for these species and
species groups have been subject to
notice and comment, and all that
remains is to notify the public that the
ACLs were exceeded and that the AMs
for these species and species groups are
being implemented for the 2013 fishing
year.
Authority: 16 U.S.C. 1801 et seq.
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18249
Dated: March 21, 2013.
Kara Meckley,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2013–06862 Filed 3–25–13; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 120924487–3221–02]
RIN 0648–XC263
Fisheries Off West Coast States;
Coastal Pelagic Species Fisheries;
Annual Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: NMFS issues this final rule to
implement the annual catch limit (ACL),
harvest guideline (HG), annual catch
target (ACT) and associated annual
reference points for Pacific mackerel in
the U.S. exclusive economic zone (EEZ)
off the Pacific coast for the fishing
season of July 1, 2012, through June 30,
2013. These specifications were
determined according to the Coastal
Pelagic Species (CPS) Fishery
Management Plan (FMP). The 2012–
2013 ACL or maximum HG for Pacific
mackerel is 40,514 metric tons (mt). The
proposed ACT, which will be the
directed fishing harvest target, is 30,386
mt. If the fishery attains the ACT, the
directed fishery will close, reserving the
difference between the ACL and ACT
(10,128 mt) as a set aside for incidental
landings in other CPS fisheries and
other sources of mortality. This rule is
intended to conserve and manage the
Pacific mackerel stock off the U.S. West
Coast.
DATES: Effective March 26, 2013 through
June 30, 2013.
FOR FURTHER INFORMATION CONTACT:
Joshua Lindsay, Southwest Region,
NMFS, (562) 980–4034.
SUPPLEMENTARY INFORMATION: During
public meetings each year, the estimated
biomass for Pacific mackerel is
presented to the Pacific Fishery
Management Council’s (Council) Coastal
Pelagic Species (CPS) Management
Team (Team), the Council’s CPS
Advisory Subpanel (Subpanel) and the
Council’s Scientific and Statistical
Committee (SSC), where the biomass
and the status of the fisheries are
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]]>Agencies
[Federal Register Volume 78, Number 58 (Tuesday, March 26, 2013)]
[Rules and Regulations]
[Pages 18247-18249]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06862]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket Nos. 100120037-1626-02 and 101217620-1788-03]
RIN 0648-XC574
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2013 Accountability Measures for Species in the U. S. Caribbean
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 18248]]
ACTION: Temporary rule; accountability measures.
-----------------------------------------------------------------------
SUMMARY: NMFS implements accountability measures (AMs) for species and
species groups in the exclusive economic zone of the U.S. Caribbean
(EEZ) for the 2013 fishing year through this temporary rule. NMFS has
determined that several annual catch limits (ACLs), as estimated by the
Science and Research Director (SRD), were exceeded during the 2010 or
2011 fishing years. This temporary rule reduces the length of the 2013
fishing season for these species and species groups by the amount
necessary to ensure that landings do not exceed the applicable ACL in
2013. NMFS implements AMs for the following species and species groups
as of the date specified until the end of the fishing year: Snapper
Unit 2 (commercial) in the EEZ off Puerto Rico, September 21, 2013;
wrasses (recreational) in the EEZ off Puerto Rico, October 21, 2013;
triggerfish and filefish in the EEZ off St. Croix, November 21, 2013;
spiny lobster in the EEZ off St. Croix, December 19, 2013; groupers in
the EEZ off St. Thomas/St. John, December 20, 2013. These AMs are
necessary to protect the Caribbean reef fish and spiny lobster
resources.
DATES: This rule is effective April 25, 2013 through December 31, 2013.
Snapper Unit 2 (commercial) AMs in the EEZ off Puerto Rico are
effective 12:01 a.m., local time, September 21, 2013, until 12:01 a.m.,
local time, January 1, 2014. Wrasses (recreational) AMs in the EEZ off
Puerto Rico are effective 12:01 a.m., local time, October 21, 2013,
until 12:01 a.m., local time, January 1, 2014. Triggerfish and filefish
AMs in the EEZ off St. Croix are effective 12:01 a.m., local time,
November 21, 2013, until 12:01 a.m., local time, January 1, 2014. Spiny
lobster AMs in the EEZ off St. Croix are effective 12:01 a.m., local
time, December 19, 2013, until 12:01 a.m., local time, January 1, 2014.
Groupers AMs in the EEZ off St. Thomas/St. John are effective 12:01
a.m., local time, December 20, 2013, until 12:01 a.m., local time,
January 1, 2014.
FOR FURTHER INFORMATION CONTACT: William S. Arnold, telephone: 727-824-
5305, email: Bill.Arnold@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Caribbean,
which includes snappers in Snapper Unit 2, triggerfish and filefish,
wrasses, and groupers, is managed under the Fishery Management Plan
(FMP) for the Reef Fish Fishery of Puerto Rico and the U.S. Virgin
Islands (Reef Fish FMP). Spiny lobster of the Caribbean is managed
under the FMP for the Spiny Lobster Fishery of Puerto Rico and the U.S.
Virgin Islands (Spiny Lobster FMP). The Spiny Lobster FMP and the Reef
Fish FMP were prepared by the Caribbean Fishery Management Council and
are implemented under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) by regulations
at 50 CFR part 622. The ACLs specified in this temporary rule are given
in round weight.
Background
The Magnuson-Stevens Act requires that ACLs and AMs be established
to end overfishing and prevent overfishing from occurring. ACLs are
levels of annual catch of a stock or stock complex that are set to
prevent overfishing from occurring. AMs are management controls to
prevent ACLs from being exceeded, and to correct or mitigate overages
of the ACL if they occur.
The final rule for the 2010 Caribbean ACL Amendment published on
December 30, 2011 (76 FR 82404), established, in part, ACLs and AMs for
reef fish units or sub-units that are classified as undergoing
overfishing, including the species with ACL overages identified in this
temporary rule: snappers in Snapper Unit 2 (cardinal and queen
snapper), and groupers in Grouper Unit 3 (coney, graysby, red hind, and
rock hind), Grouper Unit 4 (black grouper, red grouper, tiger grouper,
and yellowfin grouper), and Grouper Unit 5 (misty grouper and
yellowedge grouper). That final rule allocated these ACLs among three
Caribbean island management areas, i.e., the Puerto Rico, St. Croix,
and St. Thomas/St. John management areas of the EEZ, as specified in
Appendix E to part 622.
The final rule for the 2011 Caribbean ACL Amendment published on
December 30, 2011 (76 FR 82414), established, in part, ACLs and AMs for
species and species groups that were not determined to be undergoing
overfishing, including the species with ACL overages identified in this
temporary rule: spiny lobster and specific reef fish including wrasses
(hogfish, puddingwife, and Spanish hogfish), triggerfish (ocean
triggerfish, queen triggerfish, and sargassum triggerfish), and
filefish (scrawled filefish, whitespotted filefish, and black durgon).
That final rule allocated these ACLs among the three Caribbean island
management areas.
Each ACL allocated to Puerto Rico is also allocated between the
commercial and recreational sectors because both commercial and
recreational sector landings are available. For the St. Croix and St.
Thomas/St. John island management areas, only commercial data are
available. Therefore, each ACL for the St. Croix and St. Thomas/St.
John island management areas applies to both the commercial and
recreational sectors.
Accountability Measures
Pursuant to the AMs established in the Reef Fish FMP and the Spiny
Lobster FMP, the AMs that apply to each of the species or species
groups addressed in this temporary rule are as follows: if landings
from a Caribbean island management area, as specified in Appendix E to
part 622, are estimated by the SRD to have exceeded the applicable ACL,
the Assistant Administrator for Fisheries, NOAA, (AA), will file a
notification with the Office of the Federal Register, at or near the
beginning of the following fishing year, to reduce the length of the
fishing season for the applicable species or species groups that year
by the amount necessary to ensure landings do not exceed the applicable
ACL, as specified at 50 CFR 622.49(c). Landings will be evaluated
relative to the applicable ACL based on a moving multi-year average of
landings, as described in the FMP. However, if NMFS determines the ACL
for a particular species or species group was exceeded because of
enhanced data collection and monitoring efforts instead of an increase
in total catch of the species or species group, NMFS will not reduce
the length of the fishing season for the applicable species or species
group the following fishing year. NMFS has determined that the ACLs for
the species and species groups in this temporary rule were exceeded
because of an increase in total catch and not because of enhanced data
collection and monitoring methods. Therefore, NMFS reduces the length
of the 2013 fishing season for these species and species groups by the
amount necessary to ensure that landings do not exceed the applicable
ACL in 2013.
Some of the species contained in this temporary rule have specific
prohibited and limited-harvest species limitations. These limitations
apply without regard to whether the species is harvested by a vessel
operating under a valid commercial fishing license issued by Puerto
Rico or the U.S. Virgin Islands or by a person subject to the bag
limits, as specified at 50 CFR 622.32(b)(1).
Puerto Rico Commercial Snapper Unit 2
The commercial ACL for Snapper Unit 2 in the Puerto Rico management
[[Page 18249]]
area is 145,916 lb (66,186 kg), as specified at 50 CFR
622.49(c)(1)(i)(D).
NMFS has determined the commercial ACL for Snapper Unit 2 based on
2010-2011 data has been exceeded. Therefore, this temporary rule
implements AMs for the commercial sector for Snapper Unit 2 to reduce
the 2013 fishing season to ensure landings do not exceed the commercial
ACL for Snapper Unit 2 in the 2013 fishing year. The 2013 fishing
season for the commercial sector for Snapper Unit 2 in or from the
Puerto Rico management area of the EEZ ends effective September 21,
2013. The 2014 fishing season begins 12:01 a.m., local time, January 1,
2014.
Puerto Rico Recreational Wrasses
The recreational ACL for wrasses in the Puerto Rico management area
is 5,050 lb (2,291 kg), as specified at 50 CFR 622.49(c)(1)(ii)(L).
NMFS has determined the recreational ACL for wrasses based on 2011
data has been exceeded. Therefore, this temporary rule implements AMs
for the recreational sector for wrasses to reduce the 2013 fishing
season to ensure landings do not exceed the recreational ACL for
wrasses in the 2013 fishing year. The 2013 fishing season for the
recreational sector for wrasses in or from the Puerto Rico management
area of the EEZ ends effective October 21, 2013. The 2014 fishing
season begins 12:01 a.m., local time, January 1, 2014.
St. Croix Triggerfish and Filefish
The ACL for triggerfish and filefish in the St. Croix management
area is 24,980 lb (11,331 kg), as specified at 50 CFR
622.49(c)(2)(i)(N).
NMFS has determined the ACL for triggerfish and filefish based on
2011 data has been exceeded. Therefore, this temporary rule implements
AMs for triggerfish and filefish to reduce the 2013 fishing season to
ensure landings do not exceed the stock ACL for triggerfish and
filefish in the 2013 fishing year. The 2013 fishing season for
triggerfish and filefish in or from the St. Croix management area of
the EEZ ends effective November 21, 2013. The 2014 fishing season
begins 12:01 a.m., local time, January 1, 2014.
St. Croix Spiny Lobster
The ACL for spiny lobster, in the St. Croix management area is
107,307 lb (48,674 kg), as specified at 50 CFR 622.49(c)(2)(i)(O).
NMFS has determined the ACL for spiny lobster based on 2011 data
has been exceeded. Therefore, this temporary rule implements AMs for
spiny lobster to reduce the 2013 fishing season to ensure landings do
not exceed the ACL for spiny lobster in the 2013 fishing year. The 2013
fishing season for spiny lobster in or from the St. Croix management
area of the EEZ ends effective December 19, 2013. The 2014 fishing
season begins 12:01 a.m., local time, January 1, 2014.
St. Thomas/St. John Groupers
The ACL for groupers, in the St. Thomas/St. John management area is
51,849 lb (23,518 kg), as specified at 50 CFR 622.49(c)(3)(i)(D).
NMFS has determined the ACL for groupers based on 2010-2011 data
has been exceeded. Therefore, this temporary rule implements AMs for
groupers to reduce the 2013 fishing season to ensure landings do not
exceed the ACL for groupers in the 2013 fishing year. The 2013 fishing
season for groupers in or from the St. Thomas/St. John management area
of the EEZ ends effective December 20, 2013. The 2014 fishing season
begins 12:01 a.m., local time, January 1, 2014.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
the Caribbean reef fish and spiny lobster fisheries and is consistent
with the Magnuson-Stevens Act, the FMPs, and other applicable laws.
This action is taken under 50 CFR 622.49(c) and is exempt from
review under Executive Order 12866.
These measures are exempt from the procedures of the Regulatory
Flexibility Act because the temporary rule is issued without
opportunity for prior notice and comment.
This action responds to the best available information recently
obtained from the fisheries. The AA finds there is good cause to waive
the requirements to provide prior notice and opportunity for public
comment pursuant to the authority set forth in 5 U.S.C. 553(b)(B). Such
procedures would be unnecessary because the rules implementing the ACLs
and AMs for these species and species groups have been subject to
notice and comment, and all that remains is to notify the public that
the ACLs were exceeded and that the AMs for these species and species
groups are being implemented for the 2013 fishing year.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 21, 2013.
Kara Meckley,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-06862 Filed 3-25-13; 8:45 am]
BILLING CODE 3510-22-P
