[Federal Register Volume 77, Number 107 (Monday, June 4, 2012)]
[Rules and Regulations]
[Pages 32913-32914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13463]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120417412-2412-01]
RIN 0648-XCO36
Accountability Measures for the Recreational Sector of Gray
Triggerfish in the Gulf of Mexico for the 2012 Fishing Year
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
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SUMMARY: NMFS implements accountability measures (AMs) for the
recreational sector of gray triggerfish in the Gulf of Mexico (Gulf)
for the 2012 fishing year through this final temporary rule. Based on
the projected recreational landings estimates, NMFS determined that the
recreational annual catch target (ACT) for Gulf gray triggerfish will
be met by June 11, 2012. Therefore, NMFS closes the recreational sector
for Gulf gray triggerfish on June 11, 2012, and it will remain closed
through December 31, 2012. This action is necessary to reduce
overfishing of the Gulf gray triggerfish resource.
DATES: This rule is effective 12:01 a.m., local time on June 11, 2012,
until 12:01 a.m., local time on January 1, 2013.
ADDRESSES: Electronic copies of documents supporting the final
temporary rule implementing gray triggerfish management measures (77 FR
28308, May 14, 2012), which include a draft environmental impact
statement and a regulatory flexibility analysis, may be obtained from
the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Peter Hood, telephone: 727-824-5305 or
email: [email protected].
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf is managed
under the Fishery Management Plan for the Reef Fish Resources of the
Gulf of Mexico (FMP). The FMP was prepared by the Council and is
implemented through regulations at 50 CFR part 622 under the authority
of the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act).
Background
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing and achieve, on a continuing
basis, the optimum yield from federally managed fish stocks. These
mandates are intended to ensure that fishery resources are managed for
the greatest overall benefit to the nation, particularly with respect
to providing food production and recreational opportunities, and
protecting marine ecosystems. To further this goal, the Magnuson-
Stevens Act requires fishery managers to end overfishing of stocks and
to minimize bycatch and bycatch mortality to the extent practicable. To
accomplish this, the Magnuson-Stevens Act implemented new requirements
that annual catch limits (ACLs) and AMs be established to end
overfishing and 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 Southeast Data, Assessment, and Review (SEDAR) completed a
benchmark stock assessment for gray triggerfish in 2006 (SEDAR 9).
SEDAR 9 indicated that the gray triggerfish stock was both overfished
and possibly undergoing overfishing. Subsequently, Amendment 30A to the
FMP established a gray triggerfish rebuilding plan beginning in the
2008 fishing year (73 FR 38139, July 3, 2008). In 2011, a SEDAR update
stock assessment for gray triggerfish determined that the gray
triggerfish stock was still overfished and was additionally undergoing
overfishing. The 2011 SEDAR update stock assessment indicated the 2008
gray triggerfish rebuilding plan had not made adequate progress toward
ending overfishing and rebuilding the stock as described in the
rebuilding plan in Amendment 30A to the FMP.
The Council is developing more permanent measures to end
overfishing and rebuild the gray triggerfish stock in Amendment 37 to
the FMP. However, these measures will not likely be implemented until
the end of the 2012 fishing year or at the beginning of the 2013
fishing year. Therefore, on May 14, 2012, NMFS published a final
temporary rule to reduce overfishing of gray triggerfish on an interim
basis (77 FR 28308). The final temporary rule is effective May 14,
2012, through November 10, 2012.
In Amendment 30A to the FMP, the Council established a 21 percent
commercial and 79 percent recreational allocation of the gray
triggerfish ABC. These allocations were used to set the commercial and
recreational sector-specific ACLs. The acceptable biological catch
(ABC) recommended by the Council's Scientific and Statistical Committee
(SSC), after their review of the 2011 update assessment, was 305,300 lb
(138,482 kg), round weight. Based on the allocations established in
Amendment 30A to the FMP, the final temporary rule set, on an interim
basis, a reduced commercial ACL of 64,100 lb (29,075 kg), round weight,
and a reduced recreational ACL of 241,200 lb (109,406 kg), round
weight.
NMFS applied the Council's ACL/ACT control rule to the sector-
specific ACLs to set the sector-specific ACTs as described in the final
temporary rule. Therefore, on an interim basis, the final temporary
rule set the commercial ACT (commercial quota) at 60,900 lb (27,624
kg), round weight, and the recreational ACT at 217,100 lb (98,475 kg),
round weight.
To reduce the risk of overfishing, Amendment 30A to the FMP
established gray triggerfish post-season AMs. The regulations at 50 CFR
622.49(a)(2)(ii), stated that if the recreational ACL of 457,000 lb
(207,291 kg) was exceeded, NMFS would reduce the length of the
following year's fishing season by the amount necessary to ensure that
recreational landings did not exceed the recreational ACT during the
following year. Recreational landings were to be evaluated relative to
the ACL based on a 3-year running average of landings, as described in
the FMP. The recreational ACL for 2010 and 2011 was 457,000 lb (207,291
kg). The recreational ACT for 2010 and 2011 was 405,000 lb (183,705
kg). The 2011 ACL was exceeded by 4,549 lb (2,063 kg). Recreational
landings were compared to a 3-year running average (as described in the
FMP) relative to the ACL, and for 2011, average landings for 2009-2011
were used. Despite the overage in 2011, average landings for 2009-2011
(384,910 lb (174,592 kg)) were below the 457,000 lb (207,291 kg) ACL,
and AMs were not triggered.
Based on recent trends in recreational landings and anticipated
future recreational effort, the Council and NMFS determined that there
is a reasonable probability that the recreational sector will exceed
its ACL in future years. Therefore, the final temporary rule
established an in-season AM for the recreational sector to
[[Page 32914]]
prohibit the recreational harvest of gray triggerfish (a recreational
sector closure) if the recreational ACT is reached or projected to be
reached. This in-season AM is intended to provide an additional level
of protection to ensure that the recreational ACL is not exceeded and
that the risk of overfishing will be reduced. The final temporary rule
also implemented a post-season AM, similar to the post-season AM in
Amendment 30A, except in the final temporary rule, the ACL overage is
based on a single year of landings instead of a 3-year running average.
Based on the 2012 projected recreational landings estimates, the
recreational ACT for Gulf gray triggerfish will be met by June 11,
2012. Therefore, NMFS implements the in-season AM and will close the
recreational sector for Gulf gray triggerfish on June 11, 2012. The
recreational sector will remain closed through December 31, 2012. This
action is necessary to reduce overfishing of the Gulf gray triggerfish
resource.
Classification
This action responds to the best scientific information available.
The Regional Administrator, Southeast Region, NMFS, has determined this
temporary rule is necessary for the conservation and management of Gulf
gray triggerfish and is consistent with the Magnuson-Stevens Act and
other applicable laws.
This action is taken under 50 CFR 622.49(a)(17)(ii) 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.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive the
requirements to provide prior notice and opportunity for public comment
on this temporary rule. The AMs state that NMFS will file a
notification with the Office of the Federal Register to close the
recreational sector for Gulf gray triggerfish for the remainder of the
fishing year if recreational landings reach or are projected to reach
the recreational ACT specified in 50 CFR 622.49(a)(17)(ii). All that
remains is to notify the public of the reduced recreational fishing
season for gray triggerfish for the remainder of the fishing year.
Additionally, there is a need to immediately notify the public of the
reduced recreational fishing season for gray triggerfish, since gray
triggerfish are overfished and undergoing overfishing and this waiver
will help further protect the Gulf gray triggerfish resource.
Allowing prior notice and opportunity for public comment is
contrary to the public interest because of the need to immediately
implement this action to protect the gray triggerfish resource. Prior
notice and opportunity for public comment would require time and would
potentially result in a harvest well in excess of the established
quota. Also, providing prior notice and opportunity for public comment
on this action would be contrary to the public interest because many of
those affected by the length of the recreational fishing season,
particularly charter vessel and headboat operations, book trips for
clients in advance and, therefore need as much time as possible to
adjust business plans to account for the reduced recreational fishing
season.
For the aforementioned reasons, the Assistant Administrator, NMFS,
also finds good cause to waive the 30-day delay in the effectiveness of
this action under 5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: May 30, 2012.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-13463 Filed 5-30-12; 4:15 pm]
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