[Federal Register Volume 75, Number 119 (Tuesday, June 22, 2010)]
[Rules and Regulations]
[Pages 35335-35337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15071]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 100610255-0257-01]
RIN 0648-AY89


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Gulf of Mexico Reef Fish Fishery; 2010 Accountability Measures for 
Greater Amberjack

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

ACTION:  Temporary rule.

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SUMMARY:  NMFS implements accountability measures (AMs) for commercial 
and recreational greater amberjack in the Gulf of Mexico (Gulf) for the 
2010 fishing year through this temporary final rule. This rule reduces 
the 2010 commercial quota for greater amberjack based on the 2009 quota 
overage and provides an estimated season length for the 2010 
recreational greater amberjack sector of the Gulf reef fish fishery. 
These actions are necessary to reduce overfishing of the Gulf greater 
amberjack resource.

DATES:  This rule is effective June 22, 2010 through December 31, 2010, 
except for the amendments to Sec.  622.42, paragraphs (a)(1)(v) and 
(a)(2)(ii), which are effective June 22, 2010.

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 part 622.49(a)(1)(i), when the applicable

[[Page 35336]]

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 
part 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 
indicate the commercial quota was exceeded by 25.8 percent, or 129,928 
lb (58,934 kg). Therefore, the reduced 2010 commercial quota for Gulf 
greater amberjack is 373,072 lb (169,222 kg). The 2011 commercial quota 
for greater amberjack will return to the 2009 quota amount 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 indicate 
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 is 
projected to be met in late August. Given the dynamic nature of the 
ongoing Deepwater Horizon/BP oil spill in the Gulf and the conditions 
currently influencing recreational harvest in the area, it is 
impossible to provide a more specific closure projection at this time. 
The 2011 recreational quota for greater amberjack will return to the 
2009 quota amount 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.
    NMFS recently implemented an increased sampling protocol for 
recreational fishing vessels in the Gulf to provide more timely and 
localized tracking of changes in charter boat fishing effort that may 
be related to the oil spill. The number of captain interviews conducted 
weekly will substantially increase thereby making it possible to 
produce a weekly rather than bi-monthly report on fishing effort. This 
increase in data collection will allow NMFS to better determine the 
effects of the oil spill on Gulf recreational fisheries. Results from 
the increased sampling program can be used to evaluate fishery closures 
for such species as greater amberjack. The exact closure date of the 
recreational season for greater amberjack will be published in the 
Federal Register after data become available to evaluate the effects of 
the oil spill on this fishery. The 2011 recreational quota for greater 
amberjack will return to the 2009 quota amount 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.

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 ROD 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 as such procedures are unnecessary because the 
AMs established by Amendment 30A and located at 50 CFR part 
622.49(a)(1)(i) and (ii) authorize the AA to file a notice with the 
Office of the Federal Register to reduce the commercial quota the 
following fishing year if an overage occurs 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, and all that remains is to notify 
the public of the 2010 commercial quota and season length for the 2010 
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. Delaying the announcement of the 
projected recreational season length to accommodate prior notice and 
comment would result in significantly less advance notice of the 
duration of the recreational season; decrease the time available for 
affected participants to adjust business plans; and be very disruptive. 
Given the legal obligation for NMFS to announce the duration of 
recreational season in a timely manner, it is important this 
announcement be made as soon as possible to allow affected participants 
the maximum amount of time to adjust their fishing activities to 
account for a potential late August closure of recreational greater 
amberjack.
    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).

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping 
requirements, Virgin Islands.

    Dated: June 16, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, 50 CFR part 622 is amended as 
follows:

PART 622-FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC

0
1. The authority citation for part 622 continues to read as follows:

    Authority:  16 U.S.C. 1801 et seq.

[[Page 35337]]


0
2. In Sec.  622.42, paragraphs (a)(1)(v) and (a)(2)(ii) are removed and 
reserved and (a)(1)(vii) and (a)(2)(iii) are added to read as follows:


Sec.  622.42  Quotas.

* * * * *
    (a) * * *
    (1) * * *
    (vii) Commercial quota for greater amberjack. The commercial quota 
for greater amberjack is 503,000 lb (228,157 kg), round weight, unless 
accountability measures are implemented during the fishing year 
pursuant to Sec.  622.49(a)(1)(i), due to a quota overage occurring the 
previous year, in which case a reduced quota will be specified through 
notification in the Federal Register.
* * * * *
    (2) * * *
    (iii) Recreational quota for greater amberjack. The recreational 
quota for greater amberjack is 1,368,000 lb (620,514 kg), round weight, 
unless accountability measures are implemented during the fishing year 
pursuant to Sec.  622.49(a)(1)(ii), due to a quota overage occurring 
the previous year, in which case a reduced quota will be specified 
through notification in the Federal Register.
* * * * *
[FR Doc. 2010-15071 Filed 6-22-10; 8:45 am]
BILLING CODE 3510-22-S