[Federal Register Volume 78, Number 58 (Tuesday, March 26, 2013)]
[Rules and Regulations]
[Pages 18247-18249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06862]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket Nos. 100120037-1626-02 and 101217620-1788-03]
RIN 0648-XC574
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2013 Accountability Measures for Species in the U. S. Caribbean
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 18248]]
ACTION: Temporary rule; accountability measures.
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SUMMARY: NMFS implements accountability measures (AMs) for species and
species groups in the exclusive economic zone of the U.S. Caribbean
(EEZ) for the 2013 fishing year through this temporary rule. NMFS has
determined that several annual catch limits (ACLs), as estimated by the
Science and Research Director (SRD), were exceeded during the 2010 or
2011 fishing years. This temporary rule reduces the length of the 2013
fishing season for these species and species groups by the amount
necessary to ensure that landings do not exceed the applicable ACL in
2013. NMFS implements AMs for the following species and species groups
as of the date specified until the end of the fishing year: Snapper
Unit 2 (commercial) in the EEZ off Puerto Rico, September 21, 2013;
wrasses (recreational) in the EEZ off Puerto Rico, October 21, 2013;
triggerfish and filefish in the EEZ off St. Croix, November 21, 2013;
spiny lobster in the EEZ off St. Croix, December 19, 2013; groupers in
the EEZ off St. Thomas/St. John, December 20, 2013. These AMs are
necessary to protect the Caribbean reef fish and spiny lobster
resources.
DATES: This rule is effective April 25, 2013 through December 31, 2013.
Snapper Unit 2 (commercial) AMs in the EEZ off Puerto Rico are
effective 12:01 a.m., local time, September 21, 2013, until 12:01 a.m.,
local time, January 1, 2014. Wrasses (recreational) AMs in the EEZ off
Puerto Rico are effective 12:01 a.m., local time, October 21, 2013,
until 12:01 a.m., local time, January 1, 2014. Triggerfish and filefish
AMs in the EEZ off St. Croix are effective 12:01 a.m., local time,
November 21, 2013, until 12:01 a.m., local time, January 1, 2014. Spiny
lobster AMs in the EEZ off St. Croix are effective 12:01 a.m., local
time, December 19, 2013, until 12:01 a.m., local time, January 1, 2014.
Groupers AMs in the EEZ off St. Thomas/St. John are effective 12:01
a.m., local time, December 20, 2013, until 12:01 a.m., local time,
January 1, 2014.
FOR FURTHER INFORMATION CONTACT: William S. Arnold, telephone: 727-824-
5305, email: [email protected].
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Caribbean,
which includes snappers in Snapper Unit 2, triggerfish and filefish,
wrasses, and groupers, is managed under the Fishery Management Plan
(FMP) for the Reef Fish Fishery of Puerto Rico and the U.S. Virgin
Islands (Reef Fish FMP). Spiny lobster of the Caribbean is managed
under the FMP for the Spiny Lobster Fishery of Puerto Rico and the U.S.
Virgin Islands (Spiny Lobster FMP). The Spiny Lobster FMP and the Reef
Fish FMP were prepared by the Caribbean Fishery Management Council and
are implemented under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) by regulations
at 50 CFR part 622. The ACLs specified in this temporary rule are given
in round weight.
Background
The Magnuson-Stevens Act requires that ACLs and AMs be established
to end overfishing and prevent overfishing from occurring. ACLs are
levels of annual catch of a stock or stock complex that are set to
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 final rule for the 2010 Caribbean ACL Amendment published on
December 30, 2011 (76 FR 82404), established, in part, ACLs and AMs for
reef fish units or sub-units that are classified as undergoing
overfishing, including the species with ACL overages identified in this
temporary rule: snappers in Snapper Unit 2 (cardinal and queen
snapper), and groupers in Grouper Unit 3 (coney, graysby, red hind, and
rock hind), Grouper Unit 4 (black grouper, red grouper, tiger grouper,
and yellowfin grouper), and Grouper Unit 5 (misty grouper and
yellowedge grouper). That final rule allocated these ACLs among three
Caribbean island management areas, i.e., the Puerto Rico, St. Croix,
and St. Thomas/St. John management areas of the EEZ, as specified in
Appendix E to part 622.
The final rule for the 2011 Caribbean ACL Amendment published on
December 30, 2011 (76 FR 82414), established, in part, ACLs and AMs for
species and species groups that were not determined to be undergoing
overfishing, including the species with ACL overages identified in this
temporary rule: spiny lobster and specific reef fish including wrasses
(hogfish, puddingwife, and Spanish hogfish), triggerfish (ocean
triggerfish, queen triggerfish, and sargassum triggerfish), and
filefish (scrawled filefish, whitespotted filefish, and black durgon).
That final rule allocated these ACLs among the three Caribbean island
management areas.
Each ACL allocated to Puerto Rico is also allocated between the
commercial and recreational sectors because both commercial and
recreational sector landings are available. For the St. Croix and St.
Thomas/St. John island management areas, only commercial data are
available. Therefore, each ACL for the St. Croix and St. Thomas/St.
John island management areas applies to both the commercial and
recreational sectors.
Accountability Measures
Pursuant to the AMs established in the Reef Fish FMP and the Spiny
Lobster FMP, the AMs that apply to each of the species or species
groups addressed in this temporary rule are as follows: if landings
from a Caribbean island management area, as specified in Appendix E to
part 622, are estimated by the SRD to have exceeded the applicable ACL,
the Assistant Administrator for Fisheries, NOAA, (AA), will file a
notification with the Office of the Federal Register, at or near the
beginning of the following fishing year, to reduce the length of the
fishing season for the applicable species or species groups that year
by the amount necessary to ensure landings do not exceed the applicable
ACL, as specified at 50 CFR 622.49(c). Landings will be evaluated
relative to the applicable ACL based on a moving multi-year average of
landings, as described in the FMP. However, if NMFS determines the ACL
for a particular species or species group was exceeded because of
enhanced data collection and monitoring efforts instead of an increase
in total catch of the species or species group, NMFS will not reduce
the length of the fishing season for the applicable species or species
group the following fishing year. NMFS has determined that the ACLs for
the species and species groups in this temporary rule were exceeded
because of an increase in total catch and not because of enhanced data
collection and monitoring methods. Therefore, NMFS reduces the length
of the 2013 fishing season for these species and species groups by the
amount necessary to ensure that landings do not exceed the applicable
ACL in 2013.
Some of the species contained in this temporary rule have specific
prohibited and limited-harvest species limitations. These limitations
apply without regard to whether the species is harvested by a vessel
operating under a valid commercial fishing license issued by Puerto
Rico or the U.S. Virgin Islands or by a person subject to the bag
limits, as specified at 50 CFR 622.32(b)(1).
Puerto Rico Commercial Snapper Unit 2
The commercial ACL for Snapper Unit 2 in the Puerto Rico management
[[Page 18249]]
area is 145,916 lb (66,186 kg), as specified at 50 CFR
622.49(c)(1)(i)(D).
NMFS has determined the commercial ACL for Snapper Unit 2 based on
2010-2011 data has been exceeded. Therefore, this temporary rule
implements AMs for the commercial sector for Snapper Unit 2 to reduce
the 2013 fishing season to ensure landings do not exceed the commercial
ACL for Snapper Unit 2 in the 2013 fishing year. The 2013 fishing
season for the commercial sector for Snapper Unit 2 in or from the
Puerto Rico management area of the EEZ ends effective September 21,
2013. The 2014 fishing season begins 12:01 a.m., local time, January 1,
2014.
Puerto Rico Recreational Wrasses
The recreational ACL for wrasses in the Puerto Rico management area
is 5,050 lb (2,291 kg), as specified at 50 CFR 622.49(c)(1)(ii)(L).
NMFS has determined the recreational ACL for wrasses based on 2011
data has been exceeded. Therefore, this temporary rule implements AMs
for the recreational sector for wrasses to reduce the 2013 fishing
season to ensure landings do not exceed the recreational ACL for
wrasses in the 2013 fishing year. The 2013 fishing season for the
recreational sector for wrasses in or from the Puerto Rico management
area of the EEZ ends effective October 21, 2013. The 2014 fishing
season begins 12:01 a.m., local time, January 1, 2014.
St. Croix Triggerfish and Filefish
The ACL for triggerfish and filefish in the St. Croix management
area is 24,980 lb (11,331 kg), as specified at 50 CFR
622.49(c)(2)(i)(N).
NMFS has determined the ACL for triggerfish and filefish based on
2011 data has been exceeded. Therefore, this temporary rule implements
AMs for triggerfish and filefish to reduce the 2013 fishing season to
ensure landings do not exceed the stock ACL for triggerfish and
filefish in the 2013 fishing year. The 2013 fishing season for
triggerfish and filefish in or from the St. Croix management area of
the EEZ ends effective November 21, 2013. The 2014 fishing season
begins 12:01 a.m., local time, January 1, 2014.
St. Croix Spiny Lobster
The ACL for spiny lobster, in the St. Croix management area is
107,307 lb (48,674 kg), as specified at 50 CFR 622.49(c)(2)(i)(O).
NMFS has determined the ACL for spiny lobster based on 2011 data
has been exceeded. Therefore, this temporary rule implements AMs for
spiny lobster to reduce the 2013 fishing season to ensure landings do
not exceed the ACL for spiny lobster in the 2013 fishing year. The 2013
fishing season for spiny lobster in or from the St. Croix management
area of the EEZ ends effective December 19, 2013. The 2014 fishing
season begins 12:01 a.m., local time, January 1, 2014.
St. Thomas/St. John Groupers
The ACL for groupers, in the St. Thomas/St. John management area is
51,849 lb (23,518 kg), as specified at 50 CFR 622.49(c)(3)(i)(D).
NMFS has determined the ACL for groupers based on 2010-2011 data
has been exceeded. Therefore, this temporary rule implements AMs for
groupers to reduce the 2013 fishing season to ensure landings do not
exceed the ACL for groupers in the 2013 fishing year. The 2013 fishing
season for groupers in or from the St. Thomas/St. John management area
of the EEZ ends effective December 20, 2013. The 2014 fishing season
begins 12:01 a.m., local time, January 1, 2014.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
the Caribbean reef fish and spiny lobster fisheries and is consistent
with the Magnuson-Stevens Act, the FMPs, and other applicable laws.
This action is taken under 50 CFR 622.49(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.
This action responds to the best available information recently
obtained from the fisheries. The AA finds there is good cause to waive
the requirements to provide prior notice and opportunity for public
comment pursuant to the authority set forth in 5 U.S.C. 553(b)(B). Such
procedures would be unnecessary because the rules implementing the ACLs
and AMs for these species and species groups have been subject to
notice and comment, and all that remains is to notify the public that
the ACLs were exceeded and that the AMs for these species and species
groups are being implemented for the 2013 fishing year.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 21, 2013.
Kara Meckley,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-06862 Filed 3-25-13; 8:45 am]
BILLING CODE 3510-22-P