Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Amendment 37, 27084-27088 [2013-11072]
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27084
Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Rules and Regulations
(4) Include evidence that the museum
receives Federal funds.
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(i) * * *
(3) File a petition for relief. You may
file a petition for relief within 45
calendar days of receiving the notice of
assessment. A petition for relief is to be
sent to the NAGPRA Civil Penalties
Coordinator, National NAGPRA
Program, at the mailing address listed
on the National NAGRPA Contact
Information Web site, https://
www.nps.gov/nagpra/CONTACTS/
INDEX.HTM. Your petition may ask the
Secretary not to assess a penalty or to
reduce the penalty amount. Your
petition must:
(i) Be in writing and signed by an
official authorized to sign such
documents; and
(ii) Fully explain the legal or factual
basis for the requested relief.
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(j) How you request a hearing. You
may file a written, dated request for a
hearing on a notice of failure to comply
or notice of assessment with the
Departmental Cases Hearings Division,
Office of Hearings and Appeals, U.S.
Department of the Interior, 405 South
Main Street, Suite 400, Salt Lake City,
UT 84111. You must also serve a copy
of the request on the Solicitor of the
Department of the Interior personally or
by registered or certified mail (return
receipt requested) at the address
specified in the notice.
(1) Your request for a hearing must:
(i) Include a copy of the notice of
failure to comply or the notice of
assessment;
(ii) State the relief sought;
(iii) State the basis for challenging the
facts used as the basis for determining
the failure to comply or fixing the
assessment; and
(iv) State your preferred place and
date for a hearing.
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(6) Hearing Administration. Hearings
must take place following the
procedures in 43 CFR Part 4, Subparts
A and B.
(i) The administrative law judge has
all powers accorded by law and
necessary to preside over the parties and
the proceedings and to make decisions
under 5 U.S.C. 554–557.
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(k) * * *
(1) Either you or the Secretary may
appeal the decision of an administrative
law judge by filing a Notice of Appeal.
Send your Notice of Appeal to the
Interior Board of Indian Appeals, Office
of Hearings and Appeals, U.S.
Department of the Interior, 800 North
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Quincy Street, Suite 300, Arlington, VA
22203, within 30 calendar days of the
date of the administrative law judge’s
decision. The notice must be
accompanied by proof of service on the
administrative law judge and the
opposing party.
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(3) You may obtain copies of
decisions in civil penalty proceedings
instituted under the Act by sending a
request to the Interior Board of Indian
Appeals, Office of Hearings and
Appeals, U.S. Department of the
Interior, 800 North Quincy Street, Suite
300, Arlington, VA 22203. Fees for this
service are established by the director of
that office.
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DEPARTMENT OF COMMERCE
10. Amend § 10.13 by revising
paragraph (c)(2) to read as follows:
SUMMARY:
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§ 10.13
Future applicability.
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(c) * * *
(2) The list of Indian Entities
Recognized and Eligible to Receive
Services from the United States Bureau
of Indian Affairs is published in the
Federal Register as required by section
104 of the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 479a1 (2006)).
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■ 11. In § 10.15, revise paragraph (c)(1)
to read as follows:
§ 10.15
Limitations and remedies.
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(c) * * *
(1) A person’s administrative
remedies are exhausted only when the
person has filed a written claim with the
responsible Federal agency and the
claim has been duly denied under this
part. This paragraph applies to both:
(i) Human remains, associated
funerary objects, unassociated funerary
objects, sacred objects, or objects of
cultural patrimony subject to Subpart B
of this part; and
(ii) Federal collections subject to
Subpart C of this part.
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Appendices A and B to Part 10
[Removed]
12. Remove Appendices A and B to
Part 10.
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Dated: May 1, 2013.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2013–10966 Filed 5–8–13; 8:45 am]
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National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 121004518–3398–01]
RIN 0648–BC66
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico;
Amendment 37
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues this final rule to
implement management measures for
gray triggerfish described in
Amendment 37 to the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP),
prepared by the Gulf of Mexico Fishery
Management Council (Council). This
final rule revises the commercial and
recreational annual catch limits (ACLs)
and annual catch targets (ACTs) for gray
triggerfish; revises the recreational
accountability measures (AMs) for gray
triggerfish; revises the gray triggerfish
recreational bag limit; establishes a
commercial trip limit for gray
triggerfish; and establishes a fixed
closed season for the gray triggerfish
commercial and recreational sectors.
Additionally, Amendment 37 modifies
the gray triggerfish rebuilding plan. The
purpose of Amendment 37 and this final
rule is to end overfishing of gray
triggerfish and help achieve optimum
yield (OY) for the gray triggerfish
resource in accordance with the
requirements of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act).
DATES: This rule is effective June 10,
2013 except for the amendments to
§§ 622.39(a)(1)(vi) and 622.41(b) which
are effective May 9, 2013.
ADDRESSES: Electronic copies of
Amendment 37, which includes an
environmental assessment, a regulatory
flexibility act analysis (RFAA), and a
regulatory impact review, may be
obtained from the Southeast Regional
Office Web site at https://
sero.nmfs.noaa.gov/sf/
GrouperSnapperandReefFish.htm.
FOR FURTHER INFORMATION CONTACT: Rich
Malinowski, Southeast Regional Office,
telephone 727–824–5305, email
rich.malinowski@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef
fish fishery of the Gulf is managed
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under the FMP. The FMP was prepared
by the Council and is implemented
through regulations at 50 CFR part 622
under the authority of the MagnusonStevens Act. All gray triggerfish weights
discussed in this rule are in round
weight.
On January 25, 2013, NMFS
published a notice of availability for
Amendment 37 and requested public
comment (78 FR 5404). On February 13,
2013, NMFS published a proposed rule
for Amendment 37 and requested public
comment (78 FR 10122). The proposed
rule and Amendment 37 outline the
rationale for the actions contained in
this final rule. A summary of the actions
implemented by this final rule is
provided below.
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Management Measures Contained in
This Final Rule
ACLs and ACTs
This rule revises the ACLs for the gray
triggerfish commercial and recreational
sectors. This rule also revises the ACTs
for both sectors. The commercial ACT is
expressed as a quota in the regulatory
text.
The Council’s Scientific and
Statistical Committee (SSC)
recommended that the gray triggerfish
acceptable biological catch (ABC) be
reduced to 305,300 lb (138,346 kg) from
the current gray triggerfish ABC of
595,000 lb (269,887 kg). In Amendment
30A to the FMP, the Council established
a 21 percent commercial and 79 percent
recreational allocation of the gray
triggerfish ABC (73 FR 38139, July 3,
2008), and set the ABC equal to the
ACL. Applying those sector allocations
to the revised ACL of 305,300 lb
(138,346 kg) results in a reduced
commercial ACL of 64,100 lb (29,075
kg), and a reduced recreational ACL of
241,200 lb (109,406 kg).
The Generic Annual Catch Limit
Amendment developed by the Council
and implemented by NMFS (76 FR
82044, December 29, 2011) established
a standardized procedure to set sectorspecific ACTs based on the ACLs. This
procedure evaluates components that
were selected to represent proxies for
various sources of management
uncertainty and uses a formula to
determine the appropriate buffer
between the ACL and ACT. The Council
used this procedure for Amendment 37,
which resulted in a 5 percent buffer
between the commercial ACL and ACT,
and a 10 percent buffer between the
recreational ACL and ACT. Therefore,
this final rule sets the commercial ACT
(commercial quota) at 60,900 lb (27,624
kg), and the recreational ACT at 217,100
lb (98,475 kg). The ACLs and ACTs in
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this rule are the same as those
implemented through the temporary
rule for gray triggerfish (77 FR 28308,
May 14, 2012, and extended in 77 FR
67303, November 9, 2012), which
remains in effect until the effective date
of this final rule because this final rule
replaces the measures implemented in
the temporary rule.
AMs
For the commercial sector, the FMP
contains both in-season and post-season
AMs. The in-season AM closes the
commercial sector when the commercial
ACT (commercial quota) is reached or
projected to be reached. Additionally, if
the commercial ACL is exceeded despite
the quota closure, the post-season AM
reduces the following year’s commercial
ACT (commercial quota) by the amount
of the prior-year’s commercial ACL
overage.
Prior to the promulgation of the
temporary rule, the FMP contained no
in-season AM for the recreational sector,
but only a post-season AM. The
recreational post-season AM provides
that if the recreational ACL is exceeded,
NMFS will reduce the length of the
following year’s fishing season by the
amount necessary to ensure that
recreational landings do not exceed the
recreational ACT during the following
year. The temporary rule established an
in-season AM for the recreational sector
to prohibit the recreational harvest of
gray triggerfish (a recreational sector
closure) after the recreational ACT is
reached or projected to be reached.
Consistent with the temporary rule,
this final rule replaces the current postseason AM with an in-season AM for
the recreational sector, and will close
that sector when its ACT is reached or
projected to be reached.
This rule also adds a post-season AM
in the form of an overage adjustment
that would apply if the recreational ACL
is exceeded and gray triggerfish are
overfished. This post-season AM would
reduce the recreational ACL and ACT
for the following year by the amount of
the ACL overage in the prior fishing
year, unless the best scientific
information available determines that a
greater, lesser, or no overage adjustment
is necessary.
Commercial Trip Limit
There is currently no trip limit for the
commercial sector. This rule establishes
a commercial trip limit for gray
triggerfish of 12 fish. The trip limit
applies until the commercial ACT
(commercial quota) is reached or
projected to be reached during a fishing
year and the commercial sector is
closed.
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Seasonal Closure of the Commercial
and Recreational Sectors
This final rule establishes a seasonal
closure of the gray triggerfish
commercial and recreational sectors in
the Gulf from June through July, each
year. This fixed seasonal closure assists
the rebuilding of the gray triggerfish
stock by prohibiting harvest during the
gray triggerfish peak spawning season.
Additionally, June and July are the
months that have the highest percentage
of recreational landings.
Recreational Bag Limit
Gray triggerfish currently have a
recreational bag limit that is part of the
20-fish aggregate reef fish bag limit.
However, the aggregate recreational bag
limit has no specific limit for
recreational gray triggerfish landings,
meaning all 20 fish harvested under the
bag limit could be gray triggerfish. This
final rule establishes a 2-fish gray
triggerfish recreational bag limit within
the 20-fish aggregate reef fish bag limit.
This bag limit would apply until the
recreational ACT is reached or projected
to be reached during a fishing year and
the recreational sector is closed.
Other Action Contained in Amendment
37
Amendment 37 revises the rebuilding
plan for gray triggerfish by modifying
the mortality rate and resulting time
period to rebuild the gray triggerfish
stock. The gray triggerfish stock is
currently in the 5th year of a rebuilding
plan that began in 2008. Amendment 37
modifies the rebuilding plan in response
to the results from the 2011 Southeast
Data, Assessment, and Review (SEDAR)
stock assessment and the subsequent
review and recommendations by the
SSC for the gray triggerfish ABC. The
modified rebuilding plan is based on a
constant fishing mortality rate that does
not exceed the fishing mortality rate at
OY and will rebuild the stock by the
end of 2017.
Comments and Responses
NMFS received nine comment letters
from individuals, two submissions from
non-governmental organizations, and
two submissions from Federal agencies
on Amendment 37 and the proposed
rule. The Federal agencies indicated
they had no objection to Amendment 37
or the proposed rule. Specific comments
related to the actions contained in
Amendment 37 and the proposed rule
are summarized and responded to
below.
Comment 1: The proposed
combination of commercial
management measures in Amendment
37 (June through July seasonal closure
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and a 12-fish commercial trip limit), are
not projected to constrain harvest below
the commercial ACT and ACL, meaning
an in-season closure will likely be
necessary. A far more effective approach
would be a combination of options that
result in projected landings that stay
below the ACT and certainly below the
ACL. This would result in more
predictability for commercial fishermen
and reduce the risk of exceeding the
ACL and compromising the rebuilding
schedule.
Response: NMFS has determined that
the full combination of management
measures selected by the Council
adequately reduces the risk of exceeding
the ACL and will ensure that the
rebuilding plans remains on schedule.
Although the seasonal closure and trip
limit, standing alone, are not projected
to constrain harvest below the
commercial ACT and ACL, there is an
in-season AM that closes the
commercial sector when it reaches or is
projected to reach the ACT and there is
a 5 percent buffer between the
commercial ACL and ACT. This buffer
addresses the uncertainty in projecting
when the ACT will be reached and
reduces the risk of exceeding the
commercial ACL.
NMFS also determined that the
Council sufficiently considered the
predictability for commercial fishermen
in selecting seasonal closure and trip
limit. The Council reviewed 16
combinations of trips limits and
seasonal closures and determined that
the preferred alternatives best addressed
the needs of fishermen while ensuring
that the grey trigger stock continues to
rebuild as scheduled. Although the
projections indicate that an in-season
closure will be necessary, this closure
would occur in the fall, which is near
the end of the fishing year.
Comment 2: The proposed
recreational management measures in
Amendment 37 (June through July
seasonal closure and a 2-fish bag limit)
result in projected recreational landings
that remain below the recreational ACT,
which is highly desirable because inseason recreational landings data are not
as timely and accurate as commercial
data, making in-season closures a less
effective management tool for the
recreational sector than for the
commercial sector. However, a concern
remains because the underlying analysis
is based on an assumption that
fishermen comply with the 14-inch
(35.6-cm), fork length (FL), minimum
size limit. In 2011, the SEDAR 9 update
assessment analysis indicated that a
significant portion of recreational
landings were smaller than the 14-inch
(35.6-cm), FL, minimum size limit over
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the last 3 years. Non-compliance with
the minimum size limit may cause the
actual reduction in landings to be less
than the SEDAR model predictions,
resulting in recreational landings that
may exceed the ACT and ACL. The
Council and NMFS should conduct
outreach and education to improve
compliance with the minimum size
limit. However, in the meantime, NMFS
and the Council should consider the
proportion of undersized fish landed to
avoid exceeding the gray triggerfish
ACL.
Response: NMFS recognizes that prior
analysis indicated that fishers are
landing gray triggerfish that are smaller
than the 14-inch (35.6-cm) minimum
size limit and that this may cause the
actual reduction in landings to be less
than the SEDAR model predictions.
However, in addition to the seasonal
closure and bag limit, this rule will
modify the recreational AMs to allow
for an in-season closure if necessary. Inseason recreational landings are
monitored through the Marine
Recreational Information Program,
which incorporates information on all
sizes of fish landed. Further, the closure
authority is based on the recreational
ACT and there is a 10 percent buffer
between the ACL and ACT. This buffer
addresses uncertainty in the recreational
landings data that may make it more
difficult to accurately project when the
recreational ACT will be met and helps
ensure that the recreational ACL will
not be exceeded.
With regard to outreach and
education to improve compliance with
the minimum size limit, that confusion
may exist among Gulf fishers measuring
gray triggerfish because of
inconsistences between state and
Federal size limits. In August of 2012,
NMFS and the Council developed a
guidance document to provide further
clarification in identifying and
measuring gray triggerfish. The
document was sent to all Gulf States
and is also listed on the Southeast
Regional Office Web site at: https://
sero.nmfs.noaa.gov/
sustainable_fisheries/gulf_fisheries/
reef_fish/2013/am37/documents/pdfs/
gray_triggerfish_outreach.pdf. The
document includes the proper method
of identifying and measuring gray
triggerfish, and explains why
compliance with the size limits is
important.
Comment 3: Because of the urgent
need to reduce gray triggerfish catch
levels in order to get the rebuilding plan
on track, NMFS should approve and
implement Amendment 37. However,
NMFS should also immediately instruct
the Council that some level of discard
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mortality should be factored into both
the catch setting and catch monitoring
process for gray triggerfish.
Response: NMFS disagrees that the
Council needs to factor in some level of
discard mortality in the catch setting
and catch monitoring process for gray
triggerfish. The NMFS decision tool
included a discard mortality of zero
percent for Amendment 37 because,
unlike many other reef fish species the
Council manages, gray triggerfish are
considered less susceptible to discard
mortality. Previous assessments of gray
triggerfish, including SEDAR 9,
determined that the discard mortality
rate was minimal (one to two percent)
and that using this rate made little
difference in the model outputs. Thus,
these assessments used a zero-percent
discard mortality rate when calculating
stock status. For consistency, the SSC
also modeled discard mortality at zero
percent. However, to account for
scientific uncertainty in the model, the
SSC determined that a buffer should be
included when setting gray triggerfish
catch limits and thus, set the ABC at
305,300 lb (269,887 kg), which is 25
percent below the overfishing limit of
401,600 lb (182,163 kg) recommended
by the SEDAR 9 update assessment.
Changes from the Proposed Rule
On April 17, 2013, NMFS published
in the Federal Register an interim final
rule to reorganize the regulations in 50
CFR part 622 for the Gulf of Mexico,
South Atlantic, and the Caribbean (78
FR 22950). That interim final rule did
not create any new rights or obligations;
it reorganized the existing regulatory
requirements in the Code of Federal
Regulations into a new format. This
final rule incorporates this new format
into the regulatory text; it does not
change the specific regulatory
requirements that were contained in the
proposed rule. Therefore, as a result of
this reorganization, the gray triggerfish
commercial quota regulatory text
previously located at § 622.42(a)(1)(vi) is
now at § 622.39(a)(1)(vi), the seasonal
closure text located at § 622.34(w) is
now at § 622.34(f), the commercial trip
limit text located at § 622.44(g) is now
at § 622.43(b), the recreational bag limit
text located at § 622.39(b)(1)(v) is now at
§ 622.38(b)(5), and the ACL/ACT/AM
text located at § 622.49(a)(2) is now at
§ 622.41(b).
Classification
The Regional Administrator,
Southeast Region, NMFS has
determined that this final rule is
necessary for the conservation and
management of the species within
Amendment 37 and is consistent with
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the FMP, the Magnuson-Stevens Act,
and other applicable law.
This final 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
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this rule
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for this
determination was published in the
proposed rule and is not repeated here.
No comments were received regarding
the certification and NMFS has not
received any new information that
would affect its determination. As a
result, a final regulatory flexibility
analysis was not required and none was
prepared.
The AA finds good cause under 5
U.S.C. 553(d)(3) to waive the 30-day
delay in effectiveness for the revised
commercial and recreational ACLs and
ACTs and the recreational sector AMs
for gray triggerfish contained in this
final rule at §§ 622.39(a)(1)(vi) and
622.41(b). The rest of the management
measures contained in this final rule
will be effective 30 days after
publication in the Federal Register.
Allowing for a 30-day delay in
effectiveness of the gray triggerfish
ACLs, ACTs, and recreational sector
AMs would be contrary to the public
interest because delaying their
implementation would likely allow
overfishing of gray triggerfish, resulting
in more severe reductions in gray
triggerfish catch levels in the future,
which could have higher socioeconomic
impacts on gulf reef fish fishers. A
temporary rule published on May 14,
2012 (77 FR 28308) and extended on
November 9, 2012 (77 FR 67303)
implemented these same reduced ACLs
and ACTs, and similar recreational AMs
in order to end overfishing of gray
triggerfish and rebuild the stock, and
this final rule replaces those interim
measures currently in effect. Any delay
in implementing these reduced catch
limits would undermine the intent of
this rule, Amendment 37, and the
interim measures currently in effect.
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List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico,
Reporting and recordkeeping
requirements, Virgin Islands.
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Dated: May 3, 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 amended
as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, 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 § 622.34, paragraph (f) is added
to read as follows:
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§ 622.34 Seasonal and area closures
designed to protect Gulf reef fish.
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(f) Seasonal closure of the commercial
and recreational sectors for gray
triggerfish. The commercial and
recreational sectors for gray triggerfish
in or from the Gulf EEZ are closed from
June 1 through July 31, each year.
During the closure, all harvest or
possession in or from the Gulf EEZ of
gray triggerfish is prohibited and the
sale and purchase of gray triggerfish
taken from the Gulf EEZ is prohibited.
■ 3. In § 622.38, paragraph (b)(5) is
revised to read as follows:
§ 622.38
Bag and possession limits.
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(5) Gulf reef fish, combined, excluding
those specified in paragraphs (b)(1)
through (b)(4) and paragraphs (b)(6)
through (b)(7) of this section—20. In
addition, within the 20-fish aggregate
reef fish bag limit, no more than two
fish may be gray triggerfish.
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■ 4. In § 622.39, paragraph (a)(1)(vi) is
revised to read as follows:
§ 622.39
Quotas.
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(1) * * *
(vi) Gray triggerfish—60,900 lb
(27,624 kg), round weight.
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■ 5. In § 622.41, paragraph (b) is revised
to read as follows:
§ 622.41 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
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(b) Gray triggerfish—(1) Commercial
sector. If commercial landings, as
estimated by the SRD, reach or are
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projected to reach the commercial ACT
(commercial quota) specified in
§ 622.39(a)(1)(vi), 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. In addition, if despite such
closure, commercial landings exceed the
commercial ACL, the 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 commercial ACL and ACT
(commercial quota) for that following
year by the amount the prior-year ACL
was exceeded. The commercial ACL is
64,100 lb (29,075 kg), round weight.
(2) Recreational sector. (i) Without
regard to overfished status, if gray
triggerfish recreational landings, as
estimated by the SRD, reach or are
projected to reach the applicable ACT
specified in paragraph (b)(2)(iii) of this
section, the AA will file a notification
with the Office of the Federal Register,
to close the recreational sector for the
remainder of the fishing year. On and
after the effective date of such a
notification, the bag and possession
limit of gray triggerfish in or from the
Gulf EEZ is zero. This bag and
possession limit applies in the Gulf on
board a vessel for which a valid Federal
charter vessel/headboat permit for Gulf
reef fish has been issued, without regard
to where such species were harvested,
i.e. in state or Federal waters.
(ii) In addition to the measures
specified in paragraphs (b)(2)(i) of this
section, if gray triggerfish recreational
landings, as estimated by the SRD,
exceed the applicable ACL specified in
paragraph (b)(2)(iii) of this section, and
gray triggerfish are overfished, based on
the most recent Status of U.S. Fisheries
Report to Congress, the 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 ACL and the ACT for that
following year by the amount of the
ACL overage in the prior fishing year,
unless the best scientific information
available determines that a greater,
lesser, or no overage adjustment is
necessary.
(iii) The recreational ACL for gray
triggerfish is 241,200 lb (109,406 kg),
round weight. The recreational ACT for
gray triggerfish is 217,100 lb (98,475 kg),
round weight. Recreational landings
will be evaluated relative to the ACL
based on a moving multi-year average of
landings, as described in the FMP.
*
*
*
*
*
6. In § 622.43, paragraph (b) is added
to read as follows:
■
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§ 622.43
Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Rules and Regulations
Commercial trip limits.
*
*
*
*
*
(b) Gray triggerfish. Until the
commercial ACT (commercial quota)
specified in § 622.39(a)(1)(vi) is
reached—12 fish. See § 622.39(b) for the
limitations regarding gray triggerfish
after the commercial ACT (commercial
quota) is reached.
[FR Doc. 2013–11072 Filed 5–8–13; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 121129661–3389–02]
RIN 0648–BC81
Fisheries of the Northeastern United
States; Atlantic Sea Scallop Fishery
and Northeast Multispecies Fishery;
Framework Adjustment 24 and
Framework Adjustment 49
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This action approves and
implements Framework Adjustment 24
to the Atlantic Sea Scallop Fishery
Management Plan (Framework 24) and
Framework Adjustment 49 to the
Northeast Multispecies Fishery
Management Plan (Framework 49),
which the New England Fishery
Management Council (Council) adopted
and submitted to NMFS for approval.
Framework 24 sets specifications for the
Atlantic sea scallop fishery for the 2013
fishing year, including days-at-sea
allocations, individual fishing quotas,
and sea scallop access area trip
allocations. This action also sets default
fishing year 2014 specifications, in case
the New England Fishery Management
Council delays the development of the
next framework, resulting in
implementation after the March 1, 2014,
start of the 2014 fishing year, and
transitional measures are needed. In
addition, Framework 24 adjusts the
Georges Bank scallop access area
seasonal closure schedules, and because
that changes exemptions to areas closed
to fishing specified in the Northeast
Multispecies Fishery Management Plan,
Framework 24 must be a joint action
with that plan (Framework 49).
Framework 24 also continues the
closures of the Delmarva and Elephant
Trunk scallop access areas, refines the
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
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15:51 May 08, 2013
Jkt 229001
management of yellowtail flounder
accountability measures in the scallop
fishery, makes adjustments to the
industry-funded observer program, and
provides more flexibility in the
management of the individual fishing
quota program.
DATES: Effective May 20, 2013, except
for the amendment to § 648.58(b), which
is effective May 9, 2013.
ADDRESSES: The New England Fishery
Management Council developed an
environmental assessment (EA) for this
action that describes the action and
other considered alternatives, and
provides a thorough analysis of the
impacts of these final measures and
alternatives. Copies of the Joint
Frameworks, the EA, and the Initial
Regulatory Flexibility Analysis (IRFA),
are available upon request from Thomas
Nies, Executive Director, New England
Fishery Management Council, 50 Water
Street, Newburyport, MA 01950. The
EA/IRFA is also accessible via the
Internet at https://www.nefmc.org/
scallops/.
Copies of the small entity compliance
guide are available from John K.
Bullard, Regional Administrator, NMFS,
Northeast Regional Office, 55 Great
Republic Drive, Gloucester, MA 01930–
2298, or available on the Internet at
https://www.nero.noaa.gov/nr/.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this final rule
may be submitted to the Regional
Administrator, at the address above, and
by email to
OIRA_Submission@omb.eop.gov, or fax
to (202) 395–7285.
FOR FURTHER INFORMATION CONTACT:
Emily Gilbert, Fishery Policy Analyst,
978–281–9244; fax 978–281–9135.
SUPPLEMENTARY INFORMATION:
Background
The management unit of the Atlantic
sea scallop fishery (scallop) ranges from
the shorelines of Maine through North
Carolina to the outer boundary of the
Exclusive Economic Zone. The Atlantic
Sea Scallop Fishery Management Plan
(Scallop FMP), first established in 1982,
includes a number of amendments and
framework adjustments that have
revised and refined the fishery’s
management. The Council sets scallop
fishery specifications through
framework adjustments that occur
annually or biennially. This action
includes allocations for fishing year
(FY) 2013, as well as other scallop
fishery management measures.
The Council adopted Framework 24/
Framework 49 on November 15, 2012,
PO 00000
Frm 00088
Fmt 4700
Sfmt 4700
initially submitted it to NMFS on
January 22, 2013, for review and
approval, and submitted a revised final
framework document on February 15,
2013. This action is a joint framework
with the Northeast (NE) Multispecies
FMP because it includes a single
measure that adjusts the Georges Bank
scallop access area seasonal closure
schedules, thus changing exemptions to
areas closed to fishing specified in the
NE Multispecies FMP. However, the
majority of measures contained within
this action are specific to the Scallop
FMP and, as such, this final rule refers
to this action primarily as Framework
24, unless otherwise noted. Framework
24 specifies measures for FY 2013, but
includes FY 2014 measures that will go
into place as a default, should the next
specifications-setting framework be
delayed beyond the start of FY 2014.
NMFS is implementing Framework 24
after the start of FY 2013; FY 2013
default measures have been in place
since March 1, 2013. Because some of
the FY 2013 default allocations are
higher than what are set under
Framework 24, the Council included
‘‘payback’’ measures, which are
identified and described below, to
address unintended consequences of the
late implementation of this action. This
action includes some measures that are
not explicitly in Framework 24, but
NMFS is approving them under the
authority of section 305(d) of the
Magnuson-Stevens Fishery
Conservation and Management Act
(MSA), which provides that the
Secretary of Commerce may promulgate
regulations necessary to ensure that
amendments to an FMP are carried out
in accordance with the FMP and the
MSA. These measures, which are
identified and described below, are
necessary to address unintended
consequences of late implementation of
this action, as well as to clarify implied
measures that may not have been
explicitly included in Framework 24.
The Council reviewed Framework 24
proposed rule regulations as drafted by
NMFS, and deemed them to be
necessary and appropriate as specified
in section 303(c) of the MSA. The
proposed rule for Framework 24
published in the Federal Register on
March 15, 2013 (78 FR 16574), with a
15-day public comment period that
ended April 1, 2013. NMFS received
eight comments on the proposed
measures.
The final Framework 24 management
measures are described below. NMFS
presented details concerning the
Council’s development of and rationale
for these measures in the preamble of
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[Federal Register Volume 78, Number 90 (Thursday, May 9, 2013)]
[Rules and Regulations]
[Pages 27084-27088]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11072]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 121004518-3398-01]
RIN 0648-BC66
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Amendment 37
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule to implement management measures
for gray triggerfish described in Amendment 37 to the Fishery
Management Plan for the Reef Fish Resources of the Gulf of Mexico
(FMP), prepared by the Gulf of Mexico Fishery Management Council
(Council). This final rule revises the commercial and recreational
annual catch limits (ACLs) and annual catch targets (ACTs) for gray
triggerfish; revises the recreational accountability measures (AMs) for
gray triggerfish; revises the gray triggerfish recreational bag limit;
establishes a commercial trip limit for gray triggerfish; and
establishes a fixed closed season for the gray triggerfish commercial
and recreational sectors. Additionally, Amendment 37 modifies the gray
triggerfish rebuilding plan. The purpose of Amendment 37 and this final
rule is to end overfishing of gray triggerfish and help achieve optimum
yield (OY) for the gray triggerfish resource in accordance with the
requirements of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act).
DATES: This rule is effective June 10, 2013 except for the amendments
to Sec. Sec. 622.39(a)(1)(vi) and 622.41(b) which are effective May 9,
2013.
ADDRESSES: Electronic copies of Amendment 37, which includes an
environmental assessment, a regulatory flexibility act analysis (RFAA),
and a regulatory impact review, may be obtained from the Southeast
Regional Office Web site at https://sero.nmfs.noaa.gov/sf/GrouperSnapperandReefFish.htm.
FOR FURTHER INFORMATION CONTACT: Rich Malinowski, Southeast Regional
Office, telephone 727-824-5305, email rich.malinowski@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf is managed
[[Page 27085]]
under the FMP. The FMP was prepared by the Council and is implemented
through regulations at 50 CFR part 622 under the authority of the
Magnuson-Stevens Act. All gray triggerfish weights discussed in this
rule are in round weight.
On January 25, 2013, NMFS published a notice of availability for
Amendment 37 and requested public comment (78 FR 5404). On February 13,
2013, NMFS published a proposed rule for Amendment 37 and requested
public comment (78 FR 10122). The proposed rule and Amendment 37
outline the rationale for the actions contained in this final rule. A
summary of the actions implemented by this final rule is provided
below.
Management Measures Contained in This Final Rule
ACLs and ACTs
This rule revises the ACLs for the gray triggerfish commercial and
recreational sectors. This rule also revises the ACTs for both sectors.
The commercial ACT is expressed as a quota in the regulatory text.
The Council's Scientific and Statistical Committee (SSC)
recommended that the gray triggerfish acceptable biological catch (ABC)
be reduced to 305,300 lb (138,346 kg) from the current gray triggerfish
ABC of 595,000 lb (269,887 kg). In Amendment 30A to the FMP, the
Council established a 21 percent commercial and 79 percent recreational
allocation of the gray triggerfish ABC (73 FR 38139, July 3, 2008), and
set the ABC equal to the ACL. Applying those sector allocations to the
revised ACL of 305,300 lb (138,346 kg) results in a reduced commercial
ACL of 64,100 lb (29,075 kg), and a reduced recreational ACL of 241,200
lb (109,406 kg).
The Generic Annual Catch Limit Amendment developed by the Council
and implemented by NMFS (76 FR 82044, December 29, 2011) established a
standardized procedure to set sector-specific ACTs based on the ACLs.
This procedure evaluates components that were selected to represent
proxies for various sources of management uncertainty and uses a
formula to determine the appropriate buffer between the ACL and ACT.
The Council used this procedure for Amendment 37, which resulted in a 5
percent buffer between the commercial ACL and ACT, and a 10 percent
buffer between the recreational ACL and ACT. Therefore, this final rule
sets the commercial ACT (commercial quota) at 60,900 lb (27,624 kg),
and the recreational ACT at 217,100 lb (98,475 kg). The ACLs and ACTs
in this rule are the same as those implemented through the temporary
rule for gray triggerfish (77 FR 28308, May 14, 2012, and extended in
77 FR 67303, November 9, 2012), which remains in effect until the
effective date of this final rule because this final rule replaces the
measures implemented in the temporary rule.
AMs
For the commercial sector, the FMP contains both in-season and
post-season AMs. The in-season AM closes the commercial sector when the
commercial ACT (commercial quota) is reached or projected to be
reached. Additionally, if the commercial ACL is exceeded despite the
quota closure, the post-season AM reduces the following year's
commercial ACT (commercial quota) by the amount of the prior-year's
commercial ACL overage.
Prior to the promulgation of the temporary rule, the FMP contained
no in-season AM for the recreational sector, but only a post-season AM.
The recreational post-season AM provides that if the recreational ACL
is exceeded, NMFS will reduce the length of the following year's
fishing season by the amount necessary to ensure that recreational
landings do not exceed the recreational ACT during the following year.
The temporary rule established an in-season AM for the recreational
sector to prohibit the recreational harvest of gray triggerfish (a
recreational sector closure) after the recreational ACT is reached or
projected to be reached.
Consistent with the temporary rule, this final rule replaces the
current post-season AM with an in-season AM for the recreational
sector, and will close that sector when its ACT is reached or projected
to be reached.
This rule also adds a post-season AM in the form of an overage
adjustment that would apply if the recreational ACL is exceeded and
gray triggerfish are overfished. This post-season AM would reduce the
recreational ACL and ACT for the following year by the amount of the
ACL overage in the prior fishing year, unless the best scientific
information available determines that a greater, lesser, or no overage
adjustment is necessary.
Commercial Trip Limit
There is currently no trip limit for the commercial sector. This
rule establishes a commercial trip limit for gray triggerfish of 12
fish. The trip limit applies until the commercial ACT (commercial
quota) is reached or projected to be reached during a fishing year and
the commercial sector is closed.
Seasonal Closure of the Commercial and Recreational Sectors
This final rule establishes a seasonal closure of the gray
triggerfish commercial and recreational sectors in the Gulf from June
through July, each year. This fixed seasonal closure assists the
rebuilding of the gray triggerfish stock by prohibiting harvest during
the gray triggerfish peak spawning season. Additionally, June and July
are the months that have the highest percentage of recreational
landings.
Recreational Bag Limit
Gray triggerfish currently have a recreational bag limit that is
part of the 20-fish aggregate reef fish bag limit. However, the
aggregate recreational bag limit has no specific limit for recreational
gray triggerfish landings, meaning all 20 fish harvested under the bag
limit could be gray triggerfish. This final rule establishes a 2-fish
gray triggerfish recreational bag limit within the 20-fish aggregate
reef fish bag limit. This bag limit would apply until the recreational
ACT is reached or projected to be reached during a fishing year and the
recreational sector is closed.
Other Action Contained in Amendment 37
Amendment 37 revises the rebuilding plan for gray triggerfish by
modifying the mortality rate and resulting time period to rebuild the
gray triggerfish stock. The gray triggerfish stock is currently in the
5th year of a rebuilding plan that began in 2008. Amendment 37 modifies
the rebuilding plan in response to the results from the 2011 Southeast
Data, Assessment, and Review (SEDAR) stock assessment and the
subsequent review and recommendations by the SSC for the gray
triggerfish ABC. The modified rebuilding plan is based on a constant
fishing mortality rate that does not exceed the fishing mortality rate
at OY and will rebuild the stock by the end of 2017.
Comments and Responses
NMFS received nine comment letters from individuals, two
submissions from non-governmental organizations, and two submissions
from Federal agencies on Amendment 37 and the proposed rule. The
Federal agencies indicated they had no objection to Amendment 37 or the
proposed rule. Specific comments related to the actions contained in
Amendment 37 and the proposed rule are summarized and responded to
below.
Comment 1: The proposed combination of commercial management
measures in Amendment 37 (June through July seasonal closure
[[Page 27086]]
and a 12-fish commercial trip limit), are not projected to constrain
harvest below the commercial ACT and ACL, meaning an in-season closure
will likely be necessary. A far more effective approach would be a
combination of options that result in projected landings that stay
below the ACT and certainly below the ACL. This would result in more
predictability for commercial fishermen and reduce the risk of
exceeding the ACL and compromising the rebuilding schedule.
Response: NMFS has determined that the full combination of
management measures selected by the Council adequately reduces the risk
of exceeding the ACL and will ensure that the rebuilding plans remains
on schedule. Although the seasonal closure and trip limit, standing
alone, are not projected to constrain harvest below the commercial ACT
and ACL, there is an in-season AM that closes the commercial sector
when it reaches or is projected to reach the ACT and there is a 5
percent buffer between the commercial ACL and ACT. This buffer
addresses the uncertainty in projecting when the ACT will be reached
and reduces the risk of exceeding the commercial ACL.
NMFS also determined that the Council sufficiently considered the
predictability for commercial fishermen in selecting seasonal closure
and trip limit. The Council reviewed 16 combinations of trips limits
and seasonal closures and determined that the preferred alternatives
best addressed the needs of fishermen while ensuring that the grey
trigger stock continues to rebuild as scheduled. Although the
projections indicate that an in-season closure will be necessary, this
closure would occur in the fall, which is near the end of the fishing
year.
Comment 2: The proposed recreational management measures in
Amendment 37 (June through July seasonal closure and a 2-fish bag
limit) result in projected recreational landings that remain below the
recreational ACT, which is highly desirable because in-season
recreational landings data are not as timely and accurate as commercial
data, making in-season closures a less effective management tool for
the recreational sector than for the commercial sector. However, a
concern remains because the underlying analysis is based on an
assumption that fishermen comply with the 14-inch (35.6-cm), fork
length (FL), minimum size limit. In 2011, the SEDAR 9 update assessment
analysis indicated that a significant portion of recreational landings
were smaller than the 14-inch (35.6-cm), FL, minimum size limit over
the last 3 years. Non-compliance with the minimum size limit may cause
the actual reduction in landings to be less than the SEDAR model
predictions, resulting in recreational landings that may exceed the ACT
and ACL. The Council and NMFS should conduct outreach and education to
improve compliance with the minimum size limit. However, in the
meantime, NMFS and the Council should consider the proportion of
undersized fish landed to avoid exceeding the gray triggerfish ACL.
Response: NMFS recognizes that prior analysis indicated that
fishers are landing gray triggerfish that are smaller than the 14-inch
(35.6-cm) minimum size limit and that this may cause the actual
reduction in landings to be less than the SEDAR model predictions.
However, in addition to the seasonal closure and bag limit, this rule
will modify the recreational AMs to allow for an in-season closure if
necessary. In-season recreational landings are monitored through the
Marine Recreational Information Program, which incorporates information
on all sizes of fish landed. Further, the closure authority is based on
the recreational ACT and there is a 10 percent buffer between the ACL
and ACT. This buffer addresses uncertainty in the recreational landings
data that may make it more difficult to accurately project when the
recreational ACT will be met and helps ensure that the recreational ACL
will not be exceeded.
With regard to outreach and education to improve compliance with
the minimum size limit, that confusion may exist among Gulf fishers
measuring gray triggerfish because of inconsistences between state and
Federal size limits. In August of 2012, NMFS and the Council developed
a guidance document to provide further clarification in identifying and
measuring gray triggerfish. The document was sent to all Gulf States
and is also listed on the Southeast Regional Office Web site at: https://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/2013/am37/documents/pdfs/gray_triggerfish_outreach.pdf. The document
includes the proper method of identifying and measuring gray
triggerfish, and explains why compliance with the size limits is
important.
Comment 3: Because of the urgent need to reduce gray triggerfish
catch levels in order to get the rebuilding plan on track, NMFS should
approve and implement Amendment 37. However, NMFS should also
immediately instruct the Council that some level of discard mortality
should be factored into both the catch setting and catch monitoring
process for gray triggerfish.
Response: NMFS disagrees that the Council needs to factor in some
level of discard mortality in the catch setting and catch monitoring
process for gray triggerfish. The NMFS decision tool included a discard
mortality of zero percent for Amendment 37 because, unlike many other
reef fish species the Council manages, gray triggerfish are considered
less susceptible to discard mortality. Previous assessments of gray
triggerfish, including SEDAR 9, determined that the discard mortality
rate was minimal (one to two percent) and that using this rate made
little difference in the model outputs. Thus, these assessments used a
zero-percent discard mortality rate when calculating stock status. For
consistency, the SSC also modeled discard mortality at zero percent.
However, to account for scientific uncertainty in the model, the SSC
determined that a buffer should be included when setting gray
triggerfish catch limits and thus, set the ABC at 305,300 lb (269,887
kg), which is 25 percent below the overfishing limit of 401,600 lb
(182,163 kg) recommended by the SEDAR 9 update assessment.
Changes from the Proposed Rule
On April 17, 2013, NMFS published in the Federal Register an
interim final rule to reorganize the regulations in 50 CFR part 622 for
the Gulf of Mexico, South Atlantic, and the Caribbean (78 FR 22950).
That interim final rule did not create any new rights or obligations;
it reorganized the existing regulatory requirements in the Code of
Federal Regulations into a new format. This final rule incorporates
this new format into the regulatory text; it does not change the
specific regulatory requirements that were contained in the proposed
rule. Therefore, as a result of this reorganization, the gray
triggerfish commercial quota regulatory text previously located at
Sec. 622.42(a)(1)(vi) is now at Sec. 622.39(a)(1)(vi), the seasonal
closure text located at Sec. 622.34(w) is now at Sec. 622.34(f), the
commercial trip limit text located at Sec. 622.44(g) is now at Sec.
622.43(b), the recreational bag limit text located at Sec.
622.39(b)(1)(v) is now at Sec. 622.38(b)(5), and the ACL/ACT/AM text
located at Sec. 622.49(a)(2) is now at Sec. 622.41(b).
Classification
The Regional Administrator, Southeast Region, NMFS has determined
that this final rule is necessary for the conservation and management
of the species within Amendment 37 and is consistent with
[[Page 27087]]
the FMP, the Magnuson-Stevens Act, and other applicable law.
This final 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 to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this rule would not
have a significant economic impact on a substantial number of small
entities. The factual basis for this determination was published in the
proposed rule and is not repeated here. No comments were received
regarding the certification and NMFS has not received any new
information that would affect its determination. As a result, a final
regulatory flexibility analysis was not required and none was prepared.
The AA finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-
day delay in effectiveness for the revised commercial and recreational
ACLs and ACTs and the recreational sector AMs for gray triggerfish
contained in this final rule at Sec. Sec. 622.39(a)(1)(vi) and
622.41(b). The rest of the management measures contained in this final
rule will be effective 30 days after publication in the Federal
Register. Allowing for a 30-day delay in effectiveness of the gray
triggerfish ACLs, ACTs, and recreational sector AMs would be contrary
to the public interest because delaying their implementation would
likely allow overfishing of gray triggerfish, resulting in more severe
reductions in gray triggerfish catch levels in the future, which could
have higher socioeconomic impacts on gulf reef fish fishers. A
temporary rule published on May 14, 2012 (77 FR 28308) and extended on
November 9, 2012 (77 FR 67303) implemented these same reduced ACLs and
ACTs, and similar recreational AMs in order to end overfishing of gray
triggerfish and rebuild the stock, and this final rule replaces those
interim measures currently in effect. Any delay in implementing these
reduced catch limits would undermine the intent of this rule, Amendment
37, and the interim measures currently in effect.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: May 3, 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 amended
as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, 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. 622.34, paragraph (f) is added to read as follows:
Sec. 622.34 Seasonal and area closures designed to protect Gulf reef
fish.
* * * * *
(f) Seasonal closure of the commercial and recreational sectors for
gray triggerfish. The commercial and recreational sectors for gray
triggerfish in or from the Gulf EEZ are closed from June 1 through July
31, each year. During the closure, all harvest or possession in or from
the Gulf EEZ of gray triggerfish is prohibited and the sale and
purchase of gray triggerfish taken from the Gulf EEZ is prohibited.
0
3. In Sec. 622.38, paragraph (b)(5) is revised to read as follows:
Sec. 622.38 Bag and possession limits.
* * * * *
(b) * * *
(5) Gulf reef fish, combined, excluding those specified in
paragraphs (b)(1) through (b)(4) and paragraphs (b)(6) through (b)(7)
of this section--20. In addition, within the 20-fish aggregate reef
fish bag limit, no more than two fish may be gray triggerfish.
* * * * *
0
4. In Sec. 622.39, paragraph (a)(1)(vi) is revised to read as follows:
Sec. 622.39 Quotas.
* * * * *
(a) * * *
(1) * * *
(vi) Gray triggerfish--60,900 lb (27,624 kg), round weight.
* * * * *
0
5. In Sec. 622.41, paragraph (b) is revised to read as follows:
Sec. 622.41 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(b) Gray triggerfish--(1) Commercial sector. If commercial
landings, as estimated by the SRD, reach or are projected to reach the
commercial ACT (commercial quota) specified in Sec. 622.39(a)(1)(vi),
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.
In addition, if despite such closure, commercial landings exceed the
commercial ACL, the 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 commercial ACL and ACT (commercial quota) for that
following year by the amount the prior-year ACL was exceeded. The
commercial ACL is 64,100 lb (29,075 kg), round weight.
(2) Recreational sector. (i) Without regard to overfished status,
if gray triggerfish recreational landings, as estimated by the SRD,
reach or are projected to reach the applicable ACT specified in
paragraph (b)(2)(iii) of this section, the AA will file a notification
with the Office of the Federal Register, to close the recreational
sector for the remainder of the fishing year. On and after the
effective date of such a notification, the bag and possession limit of
gray triggerfish in or from the Gulf EEZ is zero. This bag and
possession limit applies in the Gulf on board a vessel for which a
valid Federal charter vessel/headboat permit for Gulf reef fish has
been issued, without regard to where such species were harvested, i.e.
in state or Federal waters.
(ii) In addition to the measures specified in paragraphs (b)(2)(i)
of this section, if gray triggerfish recreational landings, as
estimated by the SRD, exceed the applicable ACL specified in paragraph
(b)(2)(iii) of this section, and gray triggerfish are overfished, based
on the most recent Status of U.S. Fisheries Report to Congress, the 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 ACL and
the ACT for that following year by the amount of the ACL overage in the
prior fishing year, unless the best scientific information available
determines that a greater, lesser, or no overage adjustment is
necessary.
(iii) The recreational ACL for gray triggerfish is 241,200 lb
(109,406 kg), round weight. The recreational ACT for gray triggerfish
is 217,100 lb (98,475 kg), round weight. Recreational landings will be
evaluated relative to the ACL based on a moving multi-year average of
landings, as described in the FMP.
* * * * *
0
6. In Sec. 622.43, paragraph (b) is added to read as follows:
[[Page 27088]]
Sec. 622.43 Commercial trip limits.
* * * * *
(b) Gray triggerfish. Until the commercial ACT (commercial quota)
specified in Sec. 622.39(a)(1)(vi) is reached--12 fish. See Sec.
622.39(b) for the limitations regarding gray triggerfish after the
commercial ACT (commercial quota) is reached.
[FR Doc. 2013-11072 Filed 5-8-13; 8:45 am]
BILLING CODE 3510-22-P
