[Federal Register Volume 76, Number 216 (Tuesday, November 8, 2011)]
[Rules and Regulations]
[Pages 69136-69137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28917]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 110321211-1289-02]
RIN 0648-BA94


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Gag Grouper Closure Measures

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

ACTION: Temporary rule; interim measures extended.

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SUMMARY: NMFS issues this temporary rule to extend the effective date 
of interim measures to reduce overfishing of gag in the Gulf of Mexico 
(Gulf) implemented by a temporary rule published by NMFS on June 2, 
2011. This temporary rule extends the interim measures implemented to 
reduce overfishing of gag in the Gulf by reducing the commercial quota 
for gag and, thus, the combined commercial quota for shallow-water 
grouper species (SWG), establishing a 2-month recreational season for 
gag, and suspending red grouper multi-use allocation in the Gulf 
grouper and tilefish individual fishing quota (IFQ) program, as 
recommended by the Gulf of Mexico Fishery Management Council (Council). 
The intended effect of this rule is to reduce overfishing of the gag 
resource in the Gulf.

[[Page 69137]]


DATES: The effective date for the temporary rule published at 76 FR 
31874, June 2, 2011, is extended from November 30, 2011, to June 2, 
2012, unless NMFS publishes a superseding document in the Federal 
Register or until suspended by another final rule.

ADDRESSES: Copies of the final regulatory flexibility analysis (FRFA), 
a regulatory impact review, and an environmental assessment (EA) may be 
obtained from the Southeast Regional Office Web site at: http://sero.nmfs.noaa.gov/sf/GrouperSnapperandReefFish.htm.

FOR FURTHER INFORMATION CONTACT: Peter Hood, Southeast Regional Office, 
NMFS, telephone: (727) 824-5305, or email: [email protected].

SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico 
is managed under the Fishery Management Plan for the Reef Fish 
Resources of the Gulf of Mexico (FMP). The FMP was prepared by the 
Council and is implemented through regulations at 50 CFR part 622 under 
the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act).
    On June 2, 2011, NMFS published the final temporary rule (76 FR 
31874) to implement measures to reduce the commercial quota for gag 
from 1.49 million lb (0.68 million kg) to 430,000 lb (195,045 kg), 
reduce the commercial SWG quota from 6.22 million lb (2.82 million kg) 
to 5.16 million lb (2.34 million kg), suspend red grouper multi-use 
allocation in the Gulf grouper and tilefish IFQ program, and implement 
a recreational fishing season for gag from September 16 through 
November 15, with a 2-fish daily bag limit. This temporary rule extends 
these measures for an additional 186 days, unless this rule is 
superseded by subsequent rulemaking. The purpose of the interim 
measures and this extension of the rule is to reduce the overfishing of 
the gag resource in the Gulf while long-term management measures are 
developed and implemented through Amendment 32 to the FMP, approved by 
the Council at its August 2011 meeting. Amendment 32 will include 
management measures to end overfishing of gag, allow the gag stock to 
rebuild, and co-manage gag and red grouper by implementing concurrent 
management measures. The proposed rule for Amendment 32 published on 
November 2, 2011 (76 FR 67656) and requested public comment. Section 
305(c)(2) of the Magnuson-Stevens Act provides the Council the 
authority to request interim measures, if necessary, to reduce 
overfishing. The Council, at its October 2011 meeting concurred with 
extending the interim measures currently in place. Section 305(c)(3)(B) 
of the Magnuson-Stevens Act allows for interim measures to be extended 
for one additional period of 186 days provided that the public has had 
an opportunity to comment on the interim measures and that the Council 
is actively preparing a plan amendment to address the overfishing on a 
permanent basis. A proposed temporary rule, published on April 21, 2011 
(76 FR 22345), requested public comments on these same interim 
measures. NMFS responded to these comments in the final temporary rule 
published on June 2, 2011 (76 FR 31874), and they are not repeated 
here.

Classification

    The Administrator, Southeast Region, NMFS, (RA) has determined that 
the interim measures this temporary rule extends are necessary for the 
conservation and management of the Gulf gag stock, until more permanent 
measures are implemented, and is consistent with the Magnuson-Stevens 
Act and other applicable laws. The Council has developed and submitted 
Amendment 32 to establish long-term measures to end the overfishing of 
Gulf gag and rebuild the stock. Amendment 32 and its associated 
regulations are still being implemented and are not expected to become 
effective until sometime in early 2012.
    This temporary rule has been determined to be not significant for 
purposes of E.O. 12866.
    This temporary rule is exempt from the procedures of the Regulatory 
Flexibility Act because the rule is issued without opportunity for 
prior notice and comment.
    An EA was prepared for the interim measures contained in the June 
2, 2011, temporary rule (76 FR 31874). Because the conditions that 
existed at the time the June 2, 2011, temporary rule was implemented 
have not changed, the impacts of continuing the interim measures 
through this extension have already been considered. Copies of the EA 
are available from NMFS (see ADDRESSES).
    The Assistant Administrator for Fisheries, NOAA (AA) finds good 
cause under 5 U.S.C. 553 (b)(B) to waive prior notice and opportunity 
for public comment on this temporary rule extension. Providing prior 
notice and opportunity for public comment would be contrary to the 
public interest. This rule would continue interim measures implemented 
by the June 2, 2011, temporary rule, for not more than an additional 
186 days beyond the current expiration date of November 29, 2011. The 
conditions prompting the initial temporary rule still remain, and more 
permanent measures to be completed through Amendment 32 have not yet 
been finalized. Failure to extend these interim measures, while NOAA 
finalizes the more permanent measures in Amendment 32, would result in 
additional overfishing of the Gulf gag stock, which is contrary to the 
public interest and in violation of National Standard 1 of the 
Magnuson-Stevens Act.
    For the aforementioned reasons, the AA also finds good cause under 
5 U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness of this 
rule.

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

    Dated: November 3, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2011-28917 Filed 11-7-11; 8:45 am]
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