[Federal Register Volume 77, Number 138 (Wednesday, July 18, 2012)]
[Rules and Regulations]
[Pages 42192-42193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17493]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120409403-2218-02]
RIN 0648-BB93
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Comprehensive Annual Catch Limit Amendment Supplement
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Supplemental final rule.
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SUMMARY: NMFS issues this final rule to supplement the regulations
implementing the Comprehensive Annual Catch Limit Amendment
(Comprehensive ACL Amendment) for the Fishery Management Plan for the
Snapper-Grouper Fishery of the South Atlantic Region (Snapper-Grouper
FMP), as prepared and submitted by the South Atlantic Fishery
Management Council (Council). The Comprehensive ACL Amendment
specified, in part, annual catch limits (ACLs) and accountability
measures (AMs) for species in the Snapper-Grouper FMP. A final rule
implementing the Comprehensive ACL Amendment published on March 16,
2012, and became effective on April 16, 2012. However, after publishing
that final rule, NMFS discovered that the commercial quota (ACL) for
greater amberjack, which was specified in the Comprehensive ACL
Amendment, was inadvertently not specified in the proposed or final
rules to implement that amendment. The intent of this supplemental
final rule is to implement the commercial ACL for greater amberjack,
while maintaining catch levels consistent with achieving optimum yield
for the resource.
DATES: This rule is effective August 17, 2012.
ADDRESSES: Electronic copies of the Comprehensive ACL Amendment, which
includes a final environmental impact statement, a regulatory
flexibility analysis, and a regulatory impact review, may be obtained
from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sf/pdfs/Comp%20ACL%20Am%20101411%20FINAL.pdf.
FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, telephone: 727-824-5305,
or email: [email protected].
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic is managed 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 Fishery Conservation and Management
Act (Magnuson-Stevens Act).
On October 20, 2011, NMFS published a notice of availability for
the Comprehensive ACL Amendment and requested public comment (76 FR
65153). On December 1, 2011, NMFS published a proposed rule for the
Comprehensive ACL Amendment and requested public comment (76 FR 74757).
Additionally, on December 30, 2011, NMFS published an amended proposed
rule for the Comprehensive ACL Amendment to revise the commercial and
recreational sector ACLs for wreckfish and requested public comment (76
FR 82264). The Secretary of Commerce approved the
[[Page 42193]]
Comprehensive ACL Amendment on January 18, 2012. The final rule to
implement the Comprehensive ACL Amendment was published on March 16,
2012 (77 FR 15916).
On April 20, 2012, NMFS published a supplemental proposed rule to
the Comprehensive ACL Amendment to revise the commercial quota
(commercial ACL) for greater amberjack and requested public comment (77
FR 23652). A summary of the action implemented by this supplemental
final rule is provided below.
The final rule to implement the Comprehensive ACL Amendment (77 FR
15916, March 16, 2012) implemented AMs and a recreational ACL for
greater amberjack. However, as part of the rulemaking for the
Comprehensive ACL Amendment, NMFS inadvertently failed to revise the
commercial quota for greater amberjack. This supplemental final rule
revises the greater amberjack commercial quota to accurately reflect
the actions in the Comprehensive ACL Amendment and the Council's
intent. This rule reduces the current commercial sector quota of
1,169,931 lb (530,672 kg), gutted weight, to 769,388 lb (348,989 kg),
gutted weight.
Comments and Responses
A total of four comments letters were received on the supplemental
proposed rule. Relevant comments were similar in content and are
addressed in a single comment and response as follows.
Comment 1: The greater amberjack commercial quota should not be
reduced to 769,388 lb (348,989 kg), gutted weight. The recent stock
assessment indicated that greater amberjack is not undergoing
overfishing and is not overfished. The lower quota will lead to greater
economic hardships if greater amberjack is closed earlier each year.
Response: Although greater amberjack is not undergoing overfishing
and is not overfished, the Magnuson-Stevens Act requires that a fishery
management council specify ACLs for species in its FMPs at a level that
may not exceed the fishing level recommendation of its scientific and
statistical committee (SSC), and that ACLs prevent overfishing. The SSC
recommendation that is the most relevant to ACLs is the acceptable
biological catch (ABC). Based on the most recent stock assessment
completed in 2008, the SSC recommended a greater amberjack stock ABC of
1,968,000 lb (892,670 kg), round weight. Therefore, the Council
specified a stock ACL for greater amberjack of 1,968,000 lb (892,670
kg). As described in the Comprehensive ACL Amendment, the commercial
sector allocation equates to a commercial ACL of 800,163 lb (362,948
kg), round weight, or 769,388 lb (348,989 kg), gutted weight.
NMFS agrees that if the new commercial quota is met in-season,
negative economic effects could be experienced by commercial fishermen
who target greater amberjack, because the current Federal regulations
require that if commercial landings reach, or are projected to reach
the commercial quota (ACL), then the commercial sector will close for
the remainder of the fishing year. The fishing year for greater
amberjack begins on May 1 and ends on April 30. For the period of 2005-
2009, commercial greater amberjack landings did not exceed the
commercial quota (ACL) being implemented through this rule. However,
NMFS notes that preliminary greater amberjack commercial landings data
for the 2011-2012 fishing year indicate that commercial landings may
have exceeded the revised commercial quota being implemented through
this rule, and might have triggered a closure had this rule been in
place for the 2011-2012 fishing year. However, as noted above, the
Council cannot set the ACL at a level that exceeds the ABC. NMFS will
monitor commercial landings for the 2012-2013 fishing year, and
subsequent years, to determine if the AM will be triggered and the
commercial sector should be closed in-season.
Classification
The Regional Administrator, Southeast Region, NMFS has determined
that this supplemental final rule is necessary for the conservation and
management of the species within the Comprehensive ACL Amendment and is
consistent with the Magnuson-Stevens Act, and other applicable law.
This supplemental 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 that the final rule to implement the Comprehensive ACL
Amendment 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 the supplemental proposed rule and
is not repeated here. No comments were received regarding this
certification. As a result, a regulatory flexibility analysis was not
required and none was proposed.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: July 12, 2012.
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, 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. 622.42, paragraph (e)(3) is revised to read as follows:
Sec. 622.42 Quotas.
* * * * *
(e) * * *
(3) Greater amberjack--769,388 lb (348,989 kg).
* * * * *
[FR Doc. 2012-17493 Filed 7-17-12; 8:45 am]
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