[Federal Register Volume 77, Number 120 (Thursday, June 21, 2012)]
[Rules and Regulations]
[Pages 37330-37331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15211]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120417412-2412-01]
RIN 0648-XCO76


Reef Fish Fishery of the Gulf of Mexico; 2012 Commercial 
Accountability Measure and Closure for Gulf of Mexico Gray Triggerfish

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 of gray triggerfish in the Gulf of Mexico (Gulf) for 
the 2012 fishing year through this final temporary rule. Based on the 
projected commercial landings estimates, NMFS determined that the 
commercial annual catch target (ACT) for Gulf gray triggerfish will be 
met by July 1, 2012. Therefore, NMFS closes the commercial sector for 
gray triggerfish on July 1, 2012, through the remainder of the fishing 
year in the Gulf exclusive economic zone (EEZ). This action is 
necessary to reduce overfishing of the Gulf gray triggerfish resource.

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

ADDRESSES: Electronic copies of documents supporting the final 
temporary rule implementing gray triggerfish management measures (77 FR 
28308, May 14, 2012), which include a draft environmental impact 
statement and a regulatory flexibility analysis, may be obtained from 
the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Peter Hood, telephone: 727-824-5305 or 
email: [email protected].

SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf is managed 
under the Fishery Management Plan for the 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 through 
regulations at 50 CFR part 622 under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

Background

    The Magnuson-Stevens Act requires NMFS and regional fishery 
management councils to prevent overfishing and achieve, on a continuing 
basis, the optimum yield from federally managed fish stocks. These 
mandates are intended to ensure that fishery resources are managed for 
the greatest overall benefit to the nation, particularly with respect 
to providing food production and recreational opportunities, and 
protecting marine ecosystems. To further this goal, the Magnuson-
Stevens Act requires fishery managers to end overfishing of stocks and 
to minimize bycatch and bycatch mortality to the extent practicable. To 
accomplish this, 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 to correct or 
mitigate overages of the ACL if they occur. One of the AMs established 
for gray triggerfish is an ACT (quota) that is less than the ACL. The 
ACT is intended to address management associated with monitoring 
landings of the reduced quota. The ACT is intended to better ensure the 
ACL is not exceeded.
    In 2011, a Southeast Data, Assessment, and Review (SEDAR) update 
stock assessment for gray triggerfish determined that the gray 
triggerfish stock was still overfished and was additionally undergoing 
overfishing. At the request of the Council, on May 14, 2012, NMFS 
published a final temporary rule to reduce overfishing of gray 
triggerfish on an interim basis (77 FR 28308) while the Council 
developed more permanent measures to end overfishing and rebuild the 
gray triggerfish stock in Amendment 37 to the FMP. The final temporary 
rule set the commercial ACT (commercial quota) at 60,900 lb (27,624 
kg), round weight.
    The regulations at 50 CFR 622.49(a)(17)(i), contain both in-season 
and post-season AMs. The in-season AM closes the commercial sector 
after the commercial ACT (commercial quota) is reached or projected to 
be reached. Based on the most recent information available through the 
quota monitoring system of the Southeast Fisheries Science Center, the 
2012 commercial ACT for Gulf gray triggerfish will be met by July 1, 
2012. Therefore, NMFS implements the in-season AM and closes the 
commercial sector for Gulf gray triggerfish at 12:01 a.m., local time, 
July 1, 2012. The commercial sector will remain closed through December 
31, 2012. This closure is intended to reduce overfishing of Gulf gray 
triggerfish and increase the likelihood that the 2012 ACL will not be 
exceeded.
    On June 4, 2012, NMFS published a notice in the Federal Register to 
close the recreational sector for Gulf gray triggerfish on June 11, 
2012, and it will remain closed through December 31, 2012 (77 FR 
32913). Therefore, beginning 12:01 a.m., local time on July 1, 2012, 
until 12:01 a.m., local time on January 1, 2013, all harvest, 
possession, sale, or purchase of gray triggerfish in or from the Gulf 
EEZ is prohibited. The prohibition on sale or purchase does not apply 
to sale or purchase of gray triggerfish that were harvested, landed 
ashore, and sold prior to 12:01 a.m., local time, July 1, 2012, and 
were held in cold storage by a dealer or processor.
    The commercial sector for gray triggerfish will reopen on January 
1, 2013, the beginning of the 2013 commercial fishing season. The 2013 
commercial quota for gray triggerfish will be the quota specified at 50 
CFR 622.42(a)(1)(vii) unless a reduced quota

[[Page 37331]]

is specified through notification in the Federal Register, or 
subsequent regulatory action is taken to adjust the quota.

Classification

    This action responds to the best scientific information available. 
The Regional Administrator, Southeast Region, NMFS, has determined this 
temporary rule is necessary for the conservation and management of Gulf 
gray triggerfish and is consistent with the Magnuson-Stevens Act and 
other applicable laws.
    This action is taken under 50 CFR 622.49(a)(17)(i) 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. As specified in 50 CFR 622.49(a)(17)(i), the 
AMs state that NMFS will file a notification with the Office of the 
Federal Register to close the commercial sector after the commercial 
quota (commercial ACT) is reached or projected to be reached. All that 
remains is to notify the public of the closure of Gulf gray triggerfish 
for the remainder of the 2012 fishing year. Additionally, there is a 
need to immediately implement the closure of gray triggerfish for the 
2012 fishing year, to prevent further commercial harvest and prevent 
the ACL from being exceeded, which will protect the gray triggerfish 
resource in the Gulf. 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 Assistant Administrator, NMFS, 
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 18, 2012.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2012-15211 Filed 6-18-12; 4:15 pm]
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