[Federal Register Volume 77, Number 119 (Wednesday, June 20, 2012)]
[Rules and Regulations]
[Pages 36946-36947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15052]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 100812345-2142-03]
RIN 0648-XC060


Snapper-Grouper Fishery of the South Atlantic; 2012 Commercial 
Accountability Measure and Closure for the South Atlantic Lesser 
Amberjack, Almaco Jack, and Banded Rudderfish Complex

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 the 
commercial sector for the lesser amberjack, almaco jack, and banded 
rudderfish complex in the South Atlantic for the 2012 fishing year 
through this temporary rule. Commercial landings for the lesser 
amberjack, almaco jack, and banded rudderfish complex, as estimated by 
the Science Research Director (SRD), are projected to reach their 
combined commercial annual catch limit (ACL) on July 2, 2012. 
Therefore, NMFS closes the commercial sector for this complex on July 
2, 2012, through the remainder of the fishing year in the exclusive 
economic zone (EEZ) of the South Atlantic. This closure is necessary to 
protect the lesser amberjack, almaco jack, and banded rudderfish 
resources.

DATES: This rule is effective 12:01 a.m., local time, July 2, 2012, 
until 12:01 a.m., local time, January 1, 2013.

ADDRESSES: Electronic copies of the Comprehensive Annual Catch Limit 
Amendment (Comprehensive ACL Amendment) to the Fishery Management Plans 
(FMPs) for the Snapper-Grouper Fishery of the South Atlantic Region 
(Snapper-Grouper

[[Page 36947]]

FMP), the Golden Crab Fishery of the South Atlantic Region (Golden Crab 
FMP), the Dolphin and Wahoo Fishery off the Atlantic States (Dolphin 
and Wahoo FMP), and the Pelagic Sargassum Habitat of the South Atlantic 
Region (Sargassum FMP), which includes a final environmental impact 
statement, a regulatory flexibility analysis, and a regulatory impact 
review, may be obtained from the Southeast Regional Office Web site at 
http://sero.nmfs.noaa.gov/sf/pdfs/Comp%20ACL%20Am%20101411%20FINAL.pdf.

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

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic, which includes the lesser amberjack, almaco jack, and banded 
rudderfish complex, is managed under the Snapper-Grouper FMP. The 
Snapper-Grouper 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 established ACLs and AMs 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.
    In part, the final rule for the Comprehensive ACL Amendment 
specified ACLs for species in the Snapper-Grouper FMP that are not 
undergoing overfishing, including the lesser amberjack, almaco jack, 
and banded rudderfish complex, and AMs if these ACLs are reached or 
exceeded. Implementation of ACLs and AMs for these species is intended 
to prevent overfishing from occurring in the future, while maintaining 
catch levels consistent with achieving optimum yield for the resources 
(77 FR 15916, March 16, 2010).
    The combined commercial ACL for the lesser amberjack, almaco jack, 
and banded rudderfish complex, implemented through the Comprehensive 
ACL Amendment, is 193,999 lb (87,996 kg), round weight. In accordance 
with regulations at 50 CFR 622.49(b)(12)(i)(A), if the combined complex 
ACL is reached or projected to be reached, the Assistant Administrator, 
NMFS (AA) will file notification with the Office of the Federal 
Register to close the commercial sector for this complex for the 
remainder of the fishing year. Analysis of landings data from the NMFS 
Southeast Fisheries Science Center indicate that the commercial sector 
for this complex is projected to reach the ACL on July 2, 2012. 
Therefore, this temporary rule implements an AM to close the commercial 
sector for the lesser amberjack, almaco jack, and banded rudderfish 
complex in the South Atlantic, effective 12:01 a.m., local time July 2, 
2012.
    During the closure, all sale or purchase of lesser amberjack, 
almaco jack, and banded rudderfish is prohibited, and harvest or 
possession of these species in or from the South Atlantic EEZ is 
limited to the bag and possession limit, as specified at 50 CFR 
622.39(d)(1)(viii) and (d)(2). This bag and possession limit applies in 
the South Atlantic on board a vessel for which a valid Federal 
commercial permit for South Atlantic snapper-grouper has been issued, 
without regard to where such species were harvested, i.e., in state or 
Federal waters. The commercial sector for the lesser amberjack, almaco 
jack, and banded rudderfish complex will reopen on January 1, 2013, the 
beginning of the 2013 commercial fishing season.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
the lesser amberjack, almaco jack, and banded rudderfish complex, a 
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 622.49(b)(1)(ii) 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 the Comprehensive ACL Amendment and located at 50 CFR 
622.49(b)(12)(i)(A) have already been subject to notice and comment and 
authorize the AA to file a notification with the Office of the Federal 
Register to close the commercial sector for this complex for the 
remainder of the fishing year, if commercial landings for lesser 
amberjack, almaco jack, and banded rudderfish, combined, as estimated 
by the SRD, reach or are projected to reach their combined commercial 
ACL. All that remains is to notify the public of the closure of this 
complex for the remainder of the 2012 fishing year. Additionally, there 
is a need to immediately implement the closure for this complex for the 
2012 fishing year, to prevent further commercial harvest and prevent 
the ACL from being exceeded, which will protect the lesser amberjack, 
almaco jack, and banded rudderfish resources in the South Atlantic. 
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 closure need as much time as possible to adjust 
business plans to account for the reduced commercial 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: June 15, 2012.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2012-15052 Filed 6-15-12; 4:15 pm]
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