[Federal Register Volume 76, Number 216 (Tuesday, November 8, 2011)]
[Rules and Regulations]
[Pages 69136-69137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28917]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 110321211-1289-02]
RIN 0648-BA94
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Gag Grouper Closure Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; interim measures extended.
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SUMMARY: NMFS issues this temporary rule to extend the effective date
of interim measures to reduce overfishing of gag in the Gulf of Mexico
(Gulf) implemented by a temporary rule published by NMFS on June 2,
2011. This temporary rule extends the interim measures implemented to
reduce overfishing of gag in the Gulf by reducing the commercial quota
for gag and, thus, the combined commercial quota for shallow-water
grouper species (SWG), establishing a 2-month recreational season for
gag, and suspending red grouper multi-use allocation in the Gulf
grouper and tilefish individual fishing quota (IFQ) program, as
recommended by the Gulf of Mexico Fishery Management Council (Council).
The intended effect of this rule is to reduce overfishing of the gag
resource in the Gulf.
[[Page 69137]]
DATES: The effective date for the temporary rule published at 76 FR
31874, June 2, 2011, is extended from November 30, 2011, to June 2,
2012, unless NMFS publishes a superseding document in the Federal
Register or until suspended by another final rule.
ADDRESSES: Copies of the final regulatory flexibility analysis (FRFA),
a regulatory impact review, and an environmental assessment (EA) may be
obtained from the Southeast Regional Office Web site at: http://sero.nmfs.noaa.gov/sf/GrouperSnapperandReefFish.htm.
FOR FURTHER INFORMATION CONTACT: Peter Hood, Southeast Regional Office,
NMFS, telephone: (727) 824-5305, or email: [email protected].
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico
is managed under the Fishery Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP). The FMP was prepared by the
Council and is implemented through regulations at 50 CFR part 622 under
the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act).
On June 2, 2011, NMFS published the final temporary rule (76 FR
31874) to implement measures to reduce the commercial quota for gag
from 1.49 million lb (0.68 million kg) to 430,000 lb (195,045 kg),
reduce the commercial SWG quota from 6.22 million lb (2.82 million kg)
to 5.16 million lb (2.34 million kg), suspend red grouper multi-use
allocation in the Gulf grouper and tilefish IFQ program, and implement
a recreational fishing season for gag from September 16 through
November 15, with a 2-fish daily bag limit. This temporary rule extends
these measures for an additional 186 days, unless this rule is
superseded by subsequent rulemaking. The purpose of the interim
measures and this extension of the rule is to reduce the overfishing of
the gag resource in the Gulf while long-term management measures are
developed and implemented through Amendment 32 to the FMP, approved by
the Council at its August 2011 meeting. Amendment 32 will include
management measures to end overfishing of gag, allow the gag stock to
rebuild, and co-manage gag and red grouper by implementing concurrent
management measures. The proposed rule for Amendment 32 published on
November 2, 2011 (76 FR 67656) and requested public comment. Section
305(c)(2) of the Magnuson-Stevens Act provides the Council the
authority to request interim measures, if necessary, to reduce
overfishing. The Council, at its October 2011 meeting concurred with
extending the interim measures currently in place. Section 305(c)(3)(B)
of the Magnuson-Stevens Act allows for interim measures to be extended
for one additional period of 186 days provided that the public has had
an opportunity to comment on the interim measures and that the Council
is actively preparing a plan amendment to address the overfishing on a
permanent basis. A proposed temporary rule, published on April 21, 2011
(76 FR 22345), requested public comments on these same interim
measures. NMFS responded to these comments in the final temporary rule
published on June 2, 2011 (76 FR 31874), and they are not repeated
here.
Classification
The Administrator, Southeast Region, NMFS, (RA) has determined that
the interim measures this temporary rule extends are necessary for the
conservation and management of the Gulf gag stock, until more permanent
measures are implemented, and is consistent with the Magnuson-Stevens
Act and other applicable laws. The Council has developed and submitted
Amendment 32 to establish long-term measures to end the overfishing of
Gulf gag and rebuild the stock. Amendment 32 and its associated
regulations are still being implemented and are not expected to become
effective until sometime in early 2012.
This temporary rule has been determined to be not significant for
purposes of E.O. 12866.
This temporary rule is exempt from the procedures of the Regulatory
Flexibility Act because the rule is issued without opportunity for
prior notice and comment.
An EA was prepared for the interim measures contained in the June
2, 2011, temporary rule (76 FR 31874). Because the conditions that
existed at the time the June 2, 2011, temporary rule was implemented
have not changed, the impacts of continuing the interim measures
through this extension have already been considered. Copies of the EA
are available from NMFS (see ADDRESSES).
The Assistant Administrator for Fisheries, NOAA (AA) finds good
cause under 5 U.S.C. 553 (b)(B) to waive prior notice and opportunity
for public comment on this temporary rule extension. Providing prior
notice and opportunity for public comment would be contrary to the
public interest. This rule would continue interim measures implemented
by the June 2, 2011, temporary rule, for not more than an additional
186 days beyond the current expiration date of November 29, 2011. The
conditions prompting the initial temporary rule still remain, and more
permanent measures to be completed through Amendment 32 have not yet
been finalized. Failure to extend these interim measures, while NOAA
finalizes the more permanent measures in Amendment 32, would result in
additional overfishing of the Gulf gag stock, which is contrary to the
public interest and in violation of National Standard 1 of the
Magnuson-Stevens Act.
For the aforementioned reasons, the AA also finds good cause under
5 U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness of this
rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 3, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2011-28917 Filed 11-7-11; 8:45 am]
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