[Federal Register Volume 77, Number 178 (Thursday, September 13, 2012)]
[Rules and Regulations]
[Page 56563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22586]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 100812345-2142-03]
RIN 0648-XC229
Snapper-Grouper Fishery of the South Atlantic; Reopening of the
2012 Commercial Sector for Yellowtail Snapper in the South Atlantic
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; reopening.
-----------------------------------------------------------------------
SUMMARY: NMFS reopens the 2012 commercial sector for yellowtail snapper
in the South Atlantic exclusive economic zone (EEZ). NMFS previously
determined the commercial ACL for yellowtail snapper would be reached
by September 11, 2012, and closed the commercial sector for yellowtail
snapper in the South Atlantic EEZ at 12:01 a.m. on September 11, 2012.
Updated landings estimates indicate the ACL will not be reached by that
date. Therefore, NMFS is reopening the commercial sector for yellowtail
snapper. The purpose of this action is to allow the commercial sector
to maximize harvest benefits and at the same time protect the
yellowtail snapper resource.
DATES: The reopening is effective 12:02 a.m., local time, September 11,
2012, through December 31, 2012, the end of the fishing season, unless
the ACL is reached before that date, at which time the Assistant
Administrator may file a notification to that effect with the Office of
the Federal Register.
FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, telephone: 727-824-
5305, or email: [email protected].
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic includes yellowtail snapper and is managed under the Fishery
Management Plan (FMP) for the Snapper-Grouper Fishery of the South
Atlantic Region. The FMP was prepared by the South Atlantic Fishery
Management Council (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 2007 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 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 yellowtail snapper.
Implementation of ACLs and AMs for yellowtail snapper is intended to
prevent overfishing from occurring in the future, while maintaining
catch levels consistent with achieving optimum yield for the resource.
The AM at Sec. 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. NMFS projected the commercial ACL for yellowtail snapper of
1,142,589 lb (518,270 kg), round weight, would be reached on or before
September 11, 2012, and closed the commercial sector for yellowtail
snapper on that date (77 FR 53776, September 4, 2012). However, based
on updated landings estimates, NMFS has determined that only 75 percent
of the available commercial ACL will be landed by September 11, 2012.
Therefore, NMFS will reopen the commercial sector to allow the
remainder of the ACL to be harvested.
Under the reopening procedures located at Sec. 622.43(c), when a
sector has been closed based on a projection of when the ACL specified
in Sec. 622.49 has been reached and subsequent data indicate that the
ACL was not reached, the Assistant Administrator may file a
notification to that effect with the Office of the Federal Register.
Such notification may reopen the sector to provide an opportunity for
the ACL to be harvested. Accordingly, NMFS is reopening the commercial
sector for yellowtail snapper in the South Atlantic EEZ from 12:02
a.m., local time, September 11, 2012, through December 31, 2012, the
end of the fishing year, unless the ACL is reached before that date. If
the ACL is reached before that date, the Assistant Administrator may
file a notification to that effect with the Office of the Federal
Register.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
South Atlantic yellowtail snapper and is consistent with the Magnuson-
Stevens Act and other applicable laws.
This action is taken under Sec. 622.43(c) 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 the opportunity for public
comment on this temporary rule. Such procedures are unnecessary and
contrary to the public interest because the commercial ACL for
yellowtail snapper established in the Comprehensive ACL Amendment and
located at Sec. 622.49(b)(14)(i)(A) and the reopening procedures
located at Sec. 622.43(c) have already been subject to notice and
comment and all that remains is to notify the public that additional
harvest is available under the established ACL and, therefore, the
commercial sector for yellowtail snapper will reopen.
Additionally, there is a need to immediately notify the public of
the reopening of the commercial sector for yellowtail snapper because
the closure is set for September 11, 2012, and this reopening will
allow fishers to continue their fishing practices with minimal
disruption to business practices. Therefore, this temporary rule is
intended to minimize economic harm to fishermen while still protecting
the yellowtail snapper resource.
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: September 10, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2012-22586 Filed 9-10-12; 4:15 pm]
BILLING CODE 3510-22-P