[Federal Register Volume 76, Number 192 (Tuesday, October 4, 2011)]
[Rules and Regulations]
[Pages 61284-61285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25536]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 0907271173-0629-03]
RIN 0648-XA701


Accountability Measures and Reduced Season for the South Atlantic 
Recreational Sector of Golden Tilefish for the 2011 Fishing Year

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

ACTION: Temporary rule.

-----------------------------------------------------------------------

SUMMARY: NMFS implements accountability measures (AMs) for the 
recreational sector of golden tilefish in the South Atlantic for the 
2011 fishing year through this temporary final rule. This rule reduces 
the length of the 2011 recreational fishing season for golden tilefish 
based on the 2010 recreational annual catch limit (ACL) overage, and as 
a result closes the recreational sector. This action is necessary to 
reduce overfishing of the South Atlantic golden tilefish resource.

DATES: This rule is effective October 6, 2011 until 12:01 a.m., local 
time on January 1, 2012.

ADDRESSES: Copies of the final rule for Amendment 17B, the 
Environmental Assessment for Amendment 17B, and other supporting 
documentation may be obtained from Catherine Bruger, NMFS, Southeast 
Regional Office, 263 13th Avenue South, St. Petersburg, FL 33701; 
telephone: 727-824-5305.

FOR FURTHER INFORMATION CONTACT: Catherine Bruger, telephone: 727-824-
5305, fax: 727-824-5308, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic is managed under the Fishery Management Plan for the Snapper-
Grouper Fishery of the South Atlantic Region (FMP). Golden tilefish are 
managed under this FMP. The FMP was prepared by the South Atlantic 
Fishery Management 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 ACLs and AMs be established 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.
    On December 30, 2010, NMFS issued a final rule (75 FR 82280) to 
implement Amendment 17B to the FMP (Amendment 17B). Amendment 17B 
established ACLs for eight snapper-grouper species in the FMP that are 
undergoing overfishing, including golden tilefish, and AMs to be 
implemented if these ACLs are reached or exceeded.
    The recreational ACL for golden tilefish, implemented through 
Amendment 17B, is 1,578 fish. In accordance with regulations at 50 CFR 
622.49(b)(1)(ii), if the ACL is exceeded, the Regional Administrator 
(RA) will publish a notice to reduce the length of the following 
fishing season by the amount necessary to ensure landings do not exceed 
the recreational sector ACL in the following fishing year. 
Additionally, in accordance with these regulations, the recreational 
landings are evaluated relative to the ACL as follows: For 2010, only 
2010 recreational landings will be compared to the ACL; in 2011, the 
average of 2010 and 2011 recreational landings will be compared to the 
ACL; and in 2012 and subsequent fishing years, the most recent 3-year 
running average recreational landings will be compared to the ACL. 
Therefore this temporary final rule is being implemented based on an 
evaluation of golden tilefish recreational landings for the 2010 
fishing year.
    Finalized landings data from the NMFS Southeast Fisheries Science 
Center indicate that the recreational golden tilefish ACL was exceeded 
by 2,805 fish in 2010. Therefore, this temporary rule implements an AM 
to reduce the fishing season for the recreational golden tilefish 
component of the snapper-grouper fishery from October 6, 2011 until 
January 1, 2012. As a result of this reduced season, the recreational 
sector for golden tilefish will be closed effective 12:01 a.m., local 
time October 6, 2011.
    The 2012 recreational fishing season for golden tilefish will begin 
on January 1, 2012, through December 31, 2012, unless AMs are 
implemented due to an ACL overage and a reduced fishing season is 
specified through notification in the Federal Register.
    Commencing 12:01 a.m., local time on October 6, 2011, the bag limit 
and possession limits specified in 50 CFR 622.39(d)(1)(ii) and (d)(2), 
respectively, are zero and apply to all recreational harvest or 
possession of golden tilefish in or from the South Atlantic exclusive 
economic zone.

Classification

    The Administrator, Southeast Region, NMFS, (RA) has determined this 
temporary rule is necessary for the conservation and management of the 
South Atlantic golden tilefish component of the South Atlantic snapper-
grouper fishery and is consistent with the Magnuson-Stevens Act and 
other applicable laws.
    This action is taken under 50 CFR 622.43(a) 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 opportunity for public comment 
on this temporary rule. Such procedures are unnecessary because the AMs 
established by Amendment 17B and located at 50 CFR 622.49(b)(1)(ii) 
have already been subject to notice and comment and authorize the AA to 
file a notification with the Office of the Federal Register to reduce 
the duration of the recreational fishing season the following fishing 
year if an overage occurs in the prior fishing year. All that remains 
is to notify the public of the reduced recreational fishing season for 
golden tilefish for the 2011 fishing year.

[[Page 61285]]

Additionally, there is a need to immediately notify the public of the 
reduced recreational fishing season for golden tilefish for the 2011 
fishing year, since golden tilefish are overfished and undergoing 
overfishing and this waiver will help further protect the South 
Atlantic golden tilefish resource. Also, providing prior notice and 
opportunity for public comment on this action would be contrary to the 
public interest because many of those affected by the length of the 
recreational fishing season, 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 
reduced recreational fishing season.
    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 29, 2011.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-25536 Filed 9-29-11; 4:15 pm]
BILLING CODE 3510-22-P