Federal Register, Volume 77 Issue 171 (Tuesday, September 4, 2012)

[Federal Register Volume 77, Number 171 (Tuesday, September 4, 2012)]
[Rules and Regulations]
[Pages 53776-53778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21676]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 100812345-2142-03]
RIN 0648-XC132


Snapper-Grouper Fishery of the South Atlantic; Accountability 
Measures and Commercial Closures for Two Snapper-Grouper Species and 
Two Snapper-Grouper Species Complexes in the South Atlantic

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

-----------------------------------------------------------------------

SUMMARY: NMFS implements accountability measures (AMs) for the 
commercial sector of two snapper-grouper species and two snapper-
grouper species complexes in the South Atlantic for the 2012 fishing 
year through this temporary rule. NMFS has determined that the 
respective annual catch limit (ACLs) for the deep-water complex 
(including yellowedge grouper, blueline tilefish, silk snapper, misty 
grouper, queen snapper, sand tilefish, black snapper, and blackfin 
snapper), as well as the porgy complex (including jolthead porgy, 
knobbed porgy, whitebone porgy, scup, and saucereye porgy) will have 
been reached by September 8, 2012. NMFS has determined that the 
respective ACLs for yellowtail snapper and gray triggerfish will have 
been reached by September 11, 2012. Therefore, NMFS closes the 
commercial sector for these two snapper-grouper species and two 
snapper-grouper species complexes in the exclusive economic zone (EEZ) 
of the South Atlantic. This closure is necessary to protect the 
snapper-grouper resource.

DATES: The closure for the deep-water complex as well as the porgy 
complex (including jolthead porgy, knobbed porgy, whitebone porgy, 
scup, and saucereye porgy) is effective 12:01 a.m., local time, 
September 8, 2012, until 12:01 a.m., local time, January 1, 2013. The 
closure for yellowtail snapper and gray triggerfish is effective 12:01 
a.m., local time, September 11, 2012, until 12:01 a.m., local time, 
January 1, 2013.

FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, telephone: 727-824-
5305, or email: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic, which includes yellowtail snapper, gray triggerfish, the 
deep-water complex, and the porgy complex, is managed under the Fishery 
Management Plan (FMP) for Snapper-Grouper Fishery of the South Atlantic 
Region (Snapper-Grouper FMP). The Snapper-Grouper FMP was prepared by 
the South Atlantic Fishery Management Council and is implemented under 
the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 
622.

Background

    The 2006 reauthorization of the Magnuson-Stevens Act implemented 
new requirements that established ACLs and AMs 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 Comprehensive ACL Amendment to the Snapper-Grouper FMP, the 
Golden Crab Fishery of the South Atlantic Region FMP, the Dolphin and 
Wahoo Fishery off the Atlantic States

[[Page 53777]]

FMP, and the Pelagic Sargassum Habitat of the South Atlantic Region FMP 
published March 16, 2010 (77 FR 15916). In part, the final rule for the 
Comprehensive ACL Amendment specified ACLs and AMs for species in the 
Snapper-Grouper FMP that are not undergoing overfishing, including the 
two snapper-grouper species and two snapper-grouper species complexes 
affected by this temporary rule. Implementation of ACLs and AMs for 
these two snapper-grouper species and two snapper-grouper species 
complexes is intended to prevent overfishing from occurring in the 
future, while maintaining catch levels consistent with achieving 
optimum yield for the resources.
    Pursuant to the AMs established in the FMP and codified at 50 CFR 
622.49(b)(8)(i)(A), 622.49(b)(14)(i)(A), 622.49(b)(17)(i)(A), and 
622.49(b)(23)(i)(A), NMFS closes the commercial sector for these two 
snapper-grouper species and two snapper-grouper species complexes in 
the exclusive economic zone (EEZ) of the South Atlantic.

Deep-Water Complex

    The AM at 50 CFR 622.49(b)(8)(i) requires NMFS to close the 
commercial sector for the deep-water complex (including yellowedge 
grouper, blueline tilefish, silk snapper, misty grouper, queen snapper, 
sand tilefish, black snapper, and blackfin snapper) for the remainder 
of the fishing year when the ACL is reached, or is projected to be 
reached, by filing a notification to that effect with the Office of the 
Federal Register. The commercial ACL for the deep-water complex, 
implemented through the Comprehensive ACL Amendment, is 343,869 lb 
(155,976 kg), round weight. Based on the best scientific information 
available, NMFS has determined that the commercial ACL of 343,869 lb 
(155,976 kg), round weight, for the deep-water complex will be reached 
on or before September 8, 2012. Accordingly, NMFS is implementing an AM 
to close the commercial sector for the deep-water complex in the South 
Atlantic EEZ at 12:01 a.m., local time, on September 8, 2012.

Porgy Complex

    The AM at 50 CFR 622.49(b)(23)(i) requires NMFS to close the 
commercial sector for the porgy complex (jolthead porgy, knobbed porgy, 
whitebone porgy, scup, and saucereye porgy), for the remainder of the 
fishing year when the ACL is reached, or is projected to be reached, by 
filing a notification to that effect with the Office of the Federal 
Register. The commercial ACL for the porgy complex, implemented through 
the Comprehensive ACL Amendment, is 35,129 lb (15,934 kg), round 
weight. Based on the best scientific information available, NMFS has 
determined that the commercial ACL of 35,129 lb (15,934 kg), round 
weight, for the porgy complex will be reached on or before September 8, 
2012. Accordingly, NMFS is implementing an AM to close the commercial 
sector for the jolthead porgy, knobbed porgy, whitebone porgy, scup, 
and saucereye porgy complex in the South Atlantic EEZ at 12:01 a.m., 
local time, on September 8, 2012.

Yellowtail Snapper

    The AM at 50 CFR 622.49(b)(14)(i) requires NMFS to close the 
commercial sector for yellowtail snapper for the remainder of the 
fishing year when the ACL is reached, or is projected to be reached, by 
filing a notification to that effect with the Office of the Federal 
Register. The commercial ACL for yellowtail snapper, implemented 
through the Comprehensive ACL Amendment, is 1,142,589 lb (518,270 kg), 
round weight. Based on the best scientific information available, NMFS 
has determined that the commercial ACL of 1,142,589 lb (518,270 kg), 
round weight, for yellowtail snapper will be reached on or before 
September 11, 2012. Accordingly, NMFS is implementing an AM to close 
the commercial sector for yellowtail snapper in the South Atlantic EEZ 
at 12:01 a.m., local time, on September 11, 2012.

Gray Triggerfish

    The AM at 50 CFR 622.49(b)(17)(i) requires NMFS to close the 
commercial sector for gray triggerfish for the remainder of the fishing 
year when the ACL is reached, or is projected to be reached, by filing 
a notification to that effect with the Office of the Federal Register. 
The commercial ACL for gray triggerfish, implemented through the 
Comprehensive ACL Amendment, is 305,262 lb (138,465 kg), round weight. 
Based on the best scientific information available, NMFS has determined 
that the commercial ACL of 305,262 lb (138,465 kg), round weight, for 
gray triggerfish will be reached on or before September 11, 2012. 
Accordingly, NMFS is implementing an AM to close the commercial sector 
for gray triggerfish in the South Atlantic EEZ at 12:01 a.m., local 
time, September 11, 2012.

Closure Provisions That Apply to All of These Two Snapper-grouper 
Species and Two Snapper-grouper Species Complexes

    During the closure, all sale or purchase of these two snapper-
grouper species and two snapper-grouper species complexes is prohibited 
and harvest or possession of these two snapper-grouper species and two 
snapper-grouper species complexes in or from the South Atlantic EEZ is 
limited to the bag and possession limit, as specified at 50 CFR 
622.39(d)(1) and (d)(2). This bag and possession limit applies in the 
South Atlantic on board a vessel for which a valid Federal charter 
vessel/headboat permit for South Atlantic snapper-grouper has been 
issued, without regard to where such species were harvested, i.e., in 
state or Federal waters. The commercial sector for these two snapper-
grouper species and two snapper-grouper species complexes will reopen 
on January 1, 2013, the beginning of the 2013 commercial fishing 
season.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
these two snapper-grouper species and two snapper-grouper species 
complexes, which are components of the South Atlantic snapper-grouper 
fishery, and is consistent with the Magnuson-Stevens Act and other 
applicable laws.
    This action is taken under 50 CFR 622.49(b)(8)(i)(A), 
622.49(b)(14)(i)(A), 622.49(b)(17)(i)(A), and 622.49(b)(23)(i)(A) 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. Such procedures are unnecessary and contrary to 
the public interest because the AMs established by the Comprehensive 
ACL Amendment and located at 50 CFR 622.49(b)(8)(i)(A), 
622.49(b)(14)(i)(A), 622.49(b)(17)(i)(A), and 622.49(b)(23)(i)(A) have 
already been subject to notice and comment and authorize the Assistant 
Administrator for Fisheries, NOAA, (AA) to file a notification with the 
Office of the Federal Register to close the commercial sector for these 
two snapper-grouper species and two snapper-grouper

[[Page 53778]]

species complexes for the remainder of the fishing year, if commercial 
landings for these two snapper-grouper species and two snapper-grouper 
species complexes, as estimated by the SRD, reach or are projected to 
reach their respective commercial sector ACL. All that remains is to 
notify the public of the commercial closures for these two snapper-
grouper species and two snapper-grouper species complexes for the 
remainder of the 2012 fishing year. Additionally, there is a need to 
immediately implement the closure for these two snapper-grouper species 
and two snapper-grouper species complexes for the 2012 fishing year, to 
prevent further commercial harvest and prevent the ACL from being 
exceeded, which will protect the snapper-grouper resources in the South 
Atlantic. Therefore, 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 closure need as much time as possible to 
adjust business plans to account for the reduced commercial fishing 
season.
    For the aforementioned reasons, the AA 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: August 29, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2012-21676 Filed 8-29-12; 4:15 pm]
BILLING CODE 3510-22-P