[Federal Register Volume 77, Number 178 (Thursday, September 13, 2012)]
[Rules and Regulations]
[Page 56563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22586]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 100812345-2142-03]
RIN 0648-XC229


Snapper-Grouper Fishery of the South Atlantic; Reopening of the 
2012 Commercial Sector for Yellowtail Snapper in the South Atlantic

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

ACTION: Temporary rule; reopening.

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SUMMARY: NMFS reopens the 2012 commercial sector for yellowtail snapper 
in the South Atlantic exclusive economic zone (EEZ). NMFS previously 
determined the commercial ACL for yellowtail snapper would be reached 
by September 11, 2012, and closed the commercial sector for yellowtail 
snapper in the South Atlantic EEZ at 12:01 a.m. on September 11, 2012. 
Updated landings estimates indicate the ACL will not be reached by that 
date. Therefore, NMFS is reopening the commercial sector for yellowtail 
snapper. The purpose of this action is to allow the commercial sector 
to maximize harvest benefits and at the same time protect the 
yellowtail snapper resource.

DATES: The reopening is effective 12:02 a.m., local time, September 11, 
2012, through December 31, 2012, the end of the fishing season, unless 
the ACL is reached before that date, at which time the Assistant 
Administrator may file a notification to that effect with the Office of 
the Federal Register.

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

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic includes yellowtail snapper and is managed under the Fishery 
Management Plan (FMP) for the Snapper-Grouper Fishery of the South 
Atlantic Region. The FMP was prepared by the South Atlantic Fishery 
Management Council (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 2007 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.
    The Comprehensive ACL Amendment to the Snapper-Grouper FMP, the 
Golden Crab Fishery of the South Atlantic Region FMP, the Dolphin and 
Wahoo Fishery off the Atlantic States FMP, and the Pelagic Sargassum 
Habitat of the South Atlantic Region FMP published March 16, 2010 (77 
FR 15916). In part, the final rule for the Comprehensive ACL Amendment 
specified ACLs and AMs for species in the Snapper-Grouper FMP that are 
not undergoing overfishing, including yellowtail snapper. 
Implementation of ACLs and AMs for yellowtail snapper is intended to 
prevent overfishing from occurring in the future, while maintaining 
catch levels consistent with achieving optimum yield for the resource.
    The AM at Sec.  622.49(b)(14)(i) requires NMFS to close the 
commercial sector for yellowtail snapper for the remainder of the 
fishing year when the ACL is reached, or is projected to be reached, by 
filing a notification to that effect with the Office of the Federal 
Register. NMFS projected the commercial ACL for yellowtail snapper of 
1,142,589 lb (518,270 kg), round weight, would be reached on or before 
September 11, 2012, and closed the commercial sector for yellowtail 
snapper on that date (77 FR 53776, September 4, 2012). However, based 
on updated landings estimates, NMFS has determined that only 75 percent 
of the available commercial ACL will be landed by September 11, 2012. 
Therefore, NMFS will reopen the commercial sector to allow the 
remainder of the ACL to be harvested.
    Under the reopening procedures located at Sec.  622.43(c), when a 
sector has been closed based on a projection of when the ACL specified 
in Sec.  622.49 has been reached and subsequent data indicate that the 
ACL was not reached, the Assistant Administrator may file a 
notification to that effect with the Office of the Federal Register. 
Such notification may reopen the sector to provide an opportunity for 
the ACL to be harvested. Accordingly, NMFS is reopening the commercial 
sector for yellowtail snapper in the South Atlantic EEZ from 12:02 
a.m., local time, September 11, 2012, through December 31, 2012, the 
end of the fishing year, unless the ACL is reached before that date. If 
the ACL is reached before that date, the Assistant Administrator may 
file a notification to that effect with the Office of the Federal 
Register.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
South Atlantic yellowtail snapper and is consistent with the Magnuson-
Stevens Act and other applicable laws.
    This action is taken under Sec.  622.43(c) 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 the opportunity for public 
comment on this temporary rule. Such procedures are unnecessary and 
contrary to the public interest because the commercial ACL for 
yellowtail snapper established in the Comprehensive ACL Amendment and 
located at Sec.  622.49(b)(14)(i)(A) and the reopening procedures 
located at Sec.  622.43(c) have already been subject to notice and 
comment and all that remains is to notify the public that additional 
harvest is available under the established ACL and, therefore, the 
commercial sector for yellowtail snapper will reopen.
    Additionally, there is a need to immediately notify the public of 
the reopening of the commercial sector for yellowtail snapper because 
the closure is set for September 11, 2012, and this reopening will 
allow fishers to continue their fishing practices with minimal 
disruption to business practices. Therefore, this temporary rule is 
intended to minimize economic harm to fishermen while still protecting 
the yellowtail snapper resource.
    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 10, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2012-22586 Filed 9-10-12; 4:15 pm]
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