[Federal Register Volume 77, Number 138 (Wednesday, July 18, 2012)]
[Rules and Regulations]
[Pages 42192-42193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17493]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120409403-2218-02]
RIN 0648-BB93


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Comprehensive Annual Catch Limit Amendment Supplement

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

ACTION: Supplemental final rule.

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SUMMARY: NMFS issues this final rule to supplement the regulations 
implementing the Comprehensive Annual Catch Limit Amendment 
(Comprehensive ACL Amendment) for the Fishery Management Plan for the 
Snapper-Grouper Fishery of the South Atlantic Region (Snapper-Grouper 
FMP), as prepared and submitted by the South Atlantic Fishery 
Management Council (Council). The Comprehensive ACL Amendment 
specified, in part, annual catch limits (ACLs) and accountability 
measures (AMs) for species in the Snapper-Grouper FMP. A final rule 
implementing the Comprehensive ACL Amendment published on March 16, 
2012, and became effective on April 16, 2012. However, after publishing 
that final rule, NMFS discovered that the commercial quota (ACL) for 
greater amberjack, which was specified in the Comprehensive ACL 
Amendment, was inadvertently not specified in the proposed or final 
rules to implement that amendment. The intent of this supplemental 
final rule is to implement the commercial ACL for greater amberjack, 
while maintaining catch levels consistent with achieving optimum yield 
for the resource.

DATES: This rule is effective August 17, 2012.

ADDRESSES: Electronic copies of the Comprehensive ACL Amendment, 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: Nikhil Mehta, telephone: 727-824-5305, 
or email: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic is managed under the 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 October 20, 2011, NMFS published a notice of availability for 
the Comprehensive ACL Amendment and requested public comment (76 FR 
65153). On December 1, 2011, NMFS published a proposed rule for the 
Comprehensive ACL Amendment and requested public comment (76 FR 74757). 
Additionally, on December 30, 2011, NMFS published an amended proposed 
rule for the Comprehensive ACL Amendment to revise the commercial and 
recreational sector ACLs for wreckfish and requested public comment (76 
FR 82264). The Secretary of Commerce approved the

[[Page 42193]]

Comprehensive ACL Amendment on January 18, 2012. The final rule to 
implement the Comprehensive ACL Amendment was published on March 16, 
2012 (77 FR 15916).
    On April 20, 2012, NMFS published a supplemental proposed rule to 
the Comprehensive ACL Amendment to revise the commercial quota 
(commercial ACL) for greater amberjack and requested public comment (77 
FR 23652). A summary of the action implemented by this supplemental 
final rule is provided below.
    The final rule to implement the Comprehensive ACL Amendment (77 FR 
15916, March 16, 2012) implemented AMs and a recreational ACL for 
greater amberjack. However, as part of the rulemaking for the 
Comprehensive ACL Amendment, NMFS inadvertently failed to revise the 
commercial quota for greater amberjack. This supplemental final rule 
revises the greater amberjack commercial quota to accurately reflect 
the actions in the Comprehensive ACL Amendment and the Council's 
intent. This rule reduces the current commercial sector quota of 
1,169,931 lb (530,672 kg), gutted weight, to 769,388 lb (348,989 kg), 
gutted weight.

Comments and Responses

    A total of four comments letters were received on the supplemental 
proposed rule. Relevant comments were similar in content and are 
addressed in a single comment and response as follows.
    Comment 1: The greater amberjack commercial quota should not be 
reduced to 769,388 lb (348,989 kg), gutted weight. The recent stock 
assessment indicated that greater amberjack is not undergoing 
overfishing and is not overfished. The lower quota will lead to greater 
economic hardships if greater amberjack is closed earlier each year.
    Response: Although greater amberjack is not undergoing overfishing 
and is not overfished, the Magnuson-Stevens Act requires that a fishery 
management council specify ACLs for species in its FMPs at a level that 
may not exceed the fishing level recommendation of its scientific and 
statistical committee (SSC), and that ACLs prevent overfishing. The SSC 
recommendation that is the most relevant to ACLs is the acceptable 
biological catch (ABC). Based on the most recent stock assessment 
completed in 2008, the SSC recommended a greater amberjack stock ABC of 
1,968,000 lb (892,670 kg), round weight. Therefore, the Council 
specified a stock ACL for greater amberjack of 1,968,000 lb (892,670 
kg). As described in the Comprehensive ACL Amendment, the commercial 
sector allocation equates to a commercial ACL of 800,163 lb (362,948 
kg), round weight, or 769,388 lb (348,989 kg), gutted weight.
    NMFS agrees that if the new commercial quota is met in-season, 
negative economic effects could be experienced by commercial fishermen 
who target greater amberjack, because the current Federal regulations 
require that if commercial landings reach, or are projected to reach 
the commercial quota (ACL), then the commercial sector will close for 
the remainder of the fishing year. The fishing year for greater 
amberjack begins on May 1 and ends on April 30. For the period of 2005-
2009, commercial greater amberjack landings did not exceed the 
commercial quota (ACL) being implemented through this rule. However, 
NMFS notes that preliminary greater amberjack commercial landings data 
for the 2011-2012 fishing year indicate that commercial landings may 
have exceeded the revised commercial quota being implemented through 
this rule, and might have triggered a closure had this rule been in 
place for the 2011-2012 fishing year. However, as noted above, the 
Council cannot set the ACL at a level that exceeds the ABC. NMFS will 
monitor commercial landings for the 2012-2013 fishing year, and 
subsequent years, to determine if the AM will be triggered and the 
commercial sector should be closed in-season.

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
that this supplemental final rule is necessary for the conservation and 
management of the species within the Comprehensive ACL Amendment and is 
consistent with the Magnuson-Stevens Act, and other applicable law.
    This supplemental final rule has been determined to be not 
significant for purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that the final rule to implement the Comprehensive ACL 
Amendment would not have a significant economic impact on a substantial 
number of small entities. The factual basis for this determination was 
published in the proposed rule and the supplemental proposed rule and 
is not repeated here. No comments were received regarding this 
certification. As a result, a regulatory flexibility analysis was not 
required and none was proposed.

List of Subjects in 50 CFR Part 622

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

    Dated: July 12, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs, 
National Marine Fisheries Service.

    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.


0
2. In Sec.  622.42, paragraph (e)(3) is revised to read as follows:


Sec.  622.42  Quotas.

* * * * *
    (e) * * *
    (3) Greater amberjack--769,388 lb (348,989 kg).
* * * * *
[FR Doc. 2012-17493 Filed 7-17-12; 8:45 am]
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