[Federal Register Volume 78, Number 39 (Wednesday, February 27, 2013)]
[Rules and Regulations]
[Pages 13284-13285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04598]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 1206013412-2517-02]
RIN 0648-XC467
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2013 Accountability Measures for Gulf of Mexico Commercial Greater
Amberjack
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; accountability measures.
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SUMMARY: NMFS implements accountability measures (AMs) for commercial
greater amberjack in the Gulf of Mexico (Gulf) reef fish fishery for
the 2013 fishing year through this temporary final rule. This rule
reduces the Gulf greater amberjack 2013 commercial annual catch target
(ACT) (equal to the commercial quota) to 338,157 lb (153,385 kg) and
reduces the 2013 commercial annual catch limit (ACL) to 410,157 lb
(186,044 kg), based on the 2012 commercial ACL overage. These actions
are necessary to reduce overfishing of the Gulf greater amberjack
resource.
DATES: This rule is effective February 27, 2013, through December 31,
2013.
ADDRESSES: Electronic copies of Amendment 35 to the Fishery Management
Plan for the Reef Fish Resources of the Gulf (FMP), which includes an
environmental assessment, an initial 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/GrouperSnapperandReefFish.htm.
FOR FURTHER INFORMATION CONTACT: Rich Malinowski, telephone: 727-824-
5305, or email: [email protected].
SUPPLEMENTARY INFORMATION: NMFS manages the reef fish fishery of the
Gulf, which includes greater amberjack, under the FMP. The Gulf of
Mexico Fishery Management Council (Council) prepared the FMP and NMFS
implements the FMP under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) by regulations
at 50 CFR part 622. All greater amberjack weights discussed in this
temporary rule are in round weight.
Background
The 2006 reauthorization of the Magnuson-Stevens Act established
new requirements including ACLs and AMs to end overfishing and prevent
overfishing from occurring. AMs are management controls to prevent ACLs
from being exceeded, and correct or mitigate overages of the ACL if
they occur. Section 303(a)(15) of the Magnuson-Stevens Act mandates the
establishment of ACLs at a level such that overfishing does not occur
in the fishery, including measures to ensure accountability.
On November 13, 2012, NMFS published a final rule for Amendment 35
(77 FR 67574). That final rule established the Gulf greater amberjack
stock ACL equal to the greater amberjack stock allowable biological
catch (ABC) at 1,780,000 lb (807,394 kg), with the greater amberjack
stock ACT at 1,539,000 lb (698,079 kg) based on the ACT Control Rule
developed in the Generic Annual Catch Limits/Accountability Measures
Amendment (Generic ACL Amendment) (76 FR 82044, December 29, 2011).
Sector allocations were established in Amendment 30A to the FMP (73
FR 38139, July 3, 2008) with 27 percent of the ACL allocated to the
commercial sector and 73 percent of the ACL allocated to the
recreational sector. Based on these allocations, the final rule for
Amendment 35 established a greater amberjack commercial ACL of 481,000
lb (218,178 kg) and the commercial ACT (equivalent to the commercial
quota) of 409,000 lb (185,519 kg). The commercial ACT is set 15 percent
below the ACL to account for management uncertainty.
Accountability measures for Gulf greater amberjack were also
revised by the final rule for Amendment 35. In accordance with
regulations at 50 CFR 622.49(a)(1)(i), when the commercial ACT
(commercial quota) is reached, or projected to be reached, the
Assistant Administrator for Fisheries, NOAA, (AA), will file a
notification with the Office of the Federal Register to close the
commercial sector for the remainder of the fishing year. If despite
such closure, commercial landings exceed the commercial ACL, then
during the following fishing year, both the commercial ACT (commercial
quota) and the commercial ACL will be reduced by the amount of the
prior year's commercial ACL overage.
Additionally, the final rule for Amendment 35 established a
commercial trip limit for greater amberjack of 2,000 lb (907 kg). This
trip limit is applicable until the commercial ACT (commercial quota) is
reached or projected to be reached during a fishing year and the
commercial sector is closed.
Management Measures Contained in This Temporary Rule
In 2012, the commercial sector of greater amberjack was closed on
March 1, when the adjusted commercial quota of 237,438 (107,700 kg),
based on the 2011 quota overage, was determined to be reached.
Finalized 2012 commercial landings data indicated the adjusted 2012
commercial quota of 237,438 lb (107,700 kg) was exceeded by 29.8
percent, or 70,843 lb (32,134 kg). Therefore, the reduced 2013
commercial ACT (commercial quota) for Gulf greater amberjack is 338,157
lb (153,385 kg) (i.e., 409,000-lb (185,519-kg) commercial ACT minus the
overage of 70,843 lb (32,134 kg)). The reduced 2013 commercial ACL for
Gulf greater amberjack is 410,157 lb (186,044 kg) (i.e., 481,000-lb
(218,178-kg) commercial ACL minus the overage of 70,843 lb (32,134
kg)).
The 2014 commercial ACT (commercial quota) for greater amberjack
will return to 409,000 lb (185,519 kg), as specified at 50 CFR
622.42(a)(1)(v), and the commercial ACL for greater amberjack will
return to 481,000 lb (218,178 kg), as specified in 50 CFR
622.49(a)(1)(i)(C), unless AMs are implemented due to a commercial ACL
overage, or the Council takes subsequent regulatory action to adjust
the commercial ACT (commercial quota) and commercial ACL.
[[Page 13285]]
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
the Gulf greater amberjack component of the Gulf reef fish fishery and
is consistent with the Magnuson-Stevens Act, the FMP, and other
applicable laws.
The temporary rule has been determined to be not significant for
purposes of 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 because the AMs
established by Amendment 35 and located at 50 CFR 622.49(a)(1)(i)
authorize the AA to file a notification with the Office of the Federal
Register to reduce the commercial ACT (commercial quota) and commercial
ACL the following fishing year when the commercial ACL is exceeded. The
proposed rule for Amendment 35 (77 FR 42476, July 19, 2012) that
implemented these AMs was already subject to notice and comment and all
that remains is to notify the public of the 2013 commercial ACT
(commercial quota) and commercial ACL for Gulf greater amberjack.
Additionally, prior notice and opportunity for public comment would
be contrary to the public interest. Given the ability of the commercial
sector to rapidly harvest fishery resources, there is a need to
immediately implement the reduced commercial ACT (commercial quota) and
commercial ACL for the 2013 fishing year. Taking time to provide prior
notice and opportunity for public comment creates a higher likelihood
of the reduced commercial ACT (commercial quota) and commercial ACL
being exceeded.
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: February 22, 2013.
Kara Meckley,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-04598 Filed 2-26-13; 8:45 am]
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