[Federal Register Volume 76, Number 83 (Friday, April 29, 2011)]
[Rules and Regulations]
[Pages 23909-23911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10449]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket Nos. 100610255-0257-01 and 040205043-4043-01]
RIN 0648-XA353
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Gulf of Mexico Reef Fish Fishery; 2011 Accountability Measures for
Greater Amberjack and Closure of the 2011 Gulf of Mexico Commercial
Sector for Greater Amberjack
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
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SUMMARY: NMFS implements accountability measures (AMs) for commercial
and recreational greater amberjack in the Gulf of Mexico (Gulf) for the
2011 fishing year through this temporary final rule, announces the
closure date for the 2011 commercial sector for greater amberjack of
the Gulf reef fish fishery, and provides an estimated season length for
the 2011 recreational greater amberjack sector of the Gulf reef fish
fishery. This rule reduces the 2011 commercial and recreational quotas
for greater amberjack based on the 2010 quota overages. Additionally,
NMFS has determined that the 2011 adjusted commercial quota for Gulf
greater amberjack will have been reached by June 18, 2011. These
actions are necessary to reduce overfishing of the Gulf greater
amberjack resource.
DATES: This rule is effective April 29, 2011 through December 31, 2011,
except for the greater amberjack commercial sector closure provision.
The closure of the commercial sector for Gulf greater amberjack is
effective 12:01 a.m., local time, June 18, 2011, until 12:01 a.m.,
local time, on January 1, 2012.
ADDRESSES: Copies of the final rule for Amendment 30A, the Final
Supplemental Environmental Impact Statement (FSEIS) for Amendment 30A,
and other supporting documentation may be obtained from Rich
Malinowski, NMFS, Southeast Regional Office, 263 13th Avenue South, St.
Petersburg, FL 33701; telephone: 727-824-5305.
FOR FURTHER INFORMATION CONTACT: Rich Malinowski, telephone: 727-824-
5305, e-mail [email protected].
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf is managed
under the Fishery Management Plan for Reef Fish Resources of the Gulf
of Mexico (FMP). The FMP was prepared by the Gulf of Mexico 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 2006 reauthorization of the Magnuson-Stevens Act implemented
new requirements that annual catch limits (ACLs) and AMs be established
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 July 3, 2008, NMFS issued a final rule (73 FR 38139) to
implement Amendment 30A to the FMP (Amendment 30A). Amendment 30A
established commercial and recreational quotas for Gulf greater
amberjack and AMs that would go into effect if the commercial and
recreational quotas for greater amberjack are exceeded. In accordance
with regulations at 50 CFR 622.49(a)(1)(i), when the applicable
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 quota, the AA will reduce the quota the year
following an overage by the amount of the overage of the prior fishing
year.
Amendment 30A also implemented AMs for the Gulf greater amberjack
recreational sector of the reef fish fishery. As described at 50 CFR
622.40(a)(1)(ii), if recreational landings are met or projected to be
met, the AA will close the recreational sector for the remainder of the
fishing year. In addition, if recreational landings exceed the quota,
the AA will reduce the length of the recreational fishing season the
year following an overage by the amount necessary to recover the
overage of the prior fishing year. Also, if necessary, the reduced
fishing season may be adjusted during the fishing year to ensure the
recreational harvest achieves, but does not exceed the intended harvest
level.
Management Measures Contained in This Temporary Rule
In 2009, the commercial sector of greater amberjack was closed on
November 7, when the commercial quota of 503,000 lb (228,157 kg) was
determined to be reached. Finalized 2009 commercial landings data
indicated the commercial quota was exceeded by 25.8 percent, or 129,928
lb (58,934 kg). The reduced 2010 commercial quota for Gulf greater
amberjack was 373,072 lb (169,222 kg). NMFS closed the commercial
sector for Gulf greater amberjack on October 28, 2010 (75 FR 64171),
when NMFS projected that the 373,072 lb (169,222 kg) quota had been
reached. Finalized 2010 commercial landings data indicate the
commercial quota was exceeded by 50.7 percent, or 189,100 lb (85,774
kg). Therefore, the reduced 2011 commercial quota for Gulf greater
amberjack is 313,900 lb (142,383 kg).
The NMFS Southeast Fisheries Science Center (SEFSC) estimates that
189,618 lb (86,009 kg) of greater amberjack were landed by the
commercial sector during the months of January and February of 2011.
Commercial harvest of greater amberjack is prohibited during the months
of March through May each year to protect spawning aggregations. The
fishing season for commercial greater amberjack re-opens on June 1,
2011 at which time the remaining 124,282 lb (56,373 kg) of
[[Page 23910]]
the 2011 adjusted commercial quota established through this rulemaking
will be available for harvest. Based on current statistics, NMFS has
determined that the remaining commercial adjusted quota will be
harvested by June 18, 2011. Accordingly, NMFS is closing commercial
harvest of greater amberjack in the Gulf EEZ at 12:01 a.m., local time,
on June 18, 2011, and it will remain closed until 12:01 a.m., local
time, on January 1, 2012. The operator of a vessel with a valid
commercial vessel permit for Gulf reef fish having greater amberjack
aboard must have landed and bartered, traded, or sold such greater
amberjack prior to 12:01 a.m., local time, June 18, 2011.
During the closure, all commercial harvest or possession of greater
amberjack in or from the Gulf of Mexico EEZ, and the sale or purchase
of greater amberjack taken from the EEZ is prohibited. The prohibition
on sale or purchase does not apply to sale or purchase of greater
amberjack that were harvested, landed ashore, and sold prior to 12:01
a.m., local time, June 18, 2011, and were held in cold storage by a
dealer or processor. In addition to the Gulf EEZ closure, a person on
board a vessel for which a commercial vessel permit for Gulf reef fish
has been issued must comply with these closure provisions regardless of
where the Gulf greater amberjack are harvested, i.e., in state or
Federal waters. This closure is intended to prevent overfishing of Gulf
greater amberjack and increase the likelihood that the 2011 quota will
not be exceeded.
The 2012 commercial quota for greater amberjack will return to the
quota specified at 50 CFR 622.42(a)(1)(v) unless accountability
measures are implemented due to a quota overage and a reduced quota is
specified through notification in the Federal Register, or subsequent
regulatory action is taken to adjust the quota.
Also, in 2009, the recreational quota for Gulf greater amberjack of
1,368,000 lb (620,514 kg) was projected to be met and the sector closed
on October 24, 2009. Finalized 2009 recreational landings data
indicated the recreational quota was exceeded by 9 percent or 124,817
lb (56,616 kg). Based on the 2009 quota overage, the reduced 2010
recreational quota of 1,243,184 lb (563,899 kg) for Gulf greater
amberjack was projected to be met in late August. However, because of
the extensive fishery area closures established because of the
Deepwater Horizon MC252 oil spill, recreational fishing effort was
severely curtailed during the summer period. For the 2010 fishing year,
the recreational sector of Gulf greater amberjack remained open through
December 2010. However, finalized 2010 landings data have determined
that the recreational quota was exceeded by 4.2 percent or 52,776 lb
(23,939 kg). Therefore, the reduced 2011 recreational quota for Gulf
greater amberjack is 1,315,224 lb (596,576 kg).
The 2012 recreational quota for greater amberjack will return to
the quota specified at 50 CFR 622.42(a)(2)(ii) unless accountability
measures are implemented due to a quota overage in 2011 and a reduced
quota is specified through notification in the Federal Register, or
subsequent regulatory action is taken to adjust the quota.
If required, the exact closure date of the 2011 recreational season
for greater amberjack will be published in the Federal Register after
preliminary 2011 landings data become available and NMFS can project
when, and if, the 2011 recreational quota will be reached. However,
taking into account current projections based on the 2010 quota
overage, the reduced 2011 recreational quota of 1,315,224 lb (596,576
kg), and a June through July seasonal closure of the recreational
sector for greater amberjack as approved by the Council at its October
2010 meeting, NMFS does not expect that the recreational sector will
meet, or exceed, its quota for the 2011 fishing year. NMFS will monitor
recreational landings throughout the year and take appropriate action
if landings appear they will meet the recreational quota prior to the
end of the fishing year.
Classification
The Administrator, Southeast Region, NMFS, (RA) 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 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.
NMFS prepared a FSEIS for Amendment 30A. A notice of availability
for the FSEIS was published on April 18, 2008 (73 FR 21124). A copy of
the FSEIS and the Record of Decision are available from NMFS (see
ADDRESSES).
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 30A and located at 50 CFR 622.49(a)(1)(i) and
(ii) and the quota closure provisions located at 50 CFR 622.43(a)
authorize the AA to file a notice with the Office of the Federal
Register to reduce the commercial and/or recreational quotas the
following fishing year if an overage occurs, close harvest for a
species or species group when the quota for that species or species
group is reached, or is projected to be reached, and reduce the length
of the recreational fishing season the following fishing year if an
overage occurs. The final rule for Amendment 30A implementing these AMs
was subject to notice and comment as well as the rule implementing the
commercial quota and the associated requirement for closure of
commercial harvest when the quota is reached or projected to be
reached, and all that remains is to notify the public of the 2011
commercial and recreational quotas, the closure of the commercial
sector for Gulf greater amberjack, and the season length for the 2011
recreational fishing season.
Also, providing prior notice and opportunity for public comment on
this action would be contrary to the public interest. Many of those
affected by the recreational season duration, particularly charter
vessel and headboat operations, book trips for clients in advance and,
therefore need as much time as possible to adjust business plans to
account for the season length. Those persons affected by the commercial
season duration need to plan fishing trips, vessel provisioning, and
vessel modifications in advance and, therefore, they also need as much
time as possible to adjust business plans to account for the commercial
season length. Additionally, advance notice is required for business
planning given the short duration of time between the opening date of
the commercial season and the quota closure date of the commercial
season. Delaying the announcement of the projected recreational season
duration and the commercial sector closure to accommodate prior notice
and comment would result in significantly less advance notice of the
duration of the seasons for these individuals; decrease the time
available for affected participants to adjust business plans; and be
very disruptive. Given the regulatory obligation for NMFS to announce
the duration of the commercial and recreational seasons in a timely
manner, it is important this announcement be made as soon as
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possible to allow affected participants the maximum amount of time to
adjust their fishing activities to account for a projected closure of
the commercial sector in June and no projected closure of the
recreational sector.
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).
Dated: April 26, 2011.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-10449 Filed 4-28-11; 8:45 am]
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