1910 Federal Register / Vol. 77, No. 8 / Thursday, January 12, 2012 / Proposed Rules 

decision to approve, disapprove, or 

partially approve Amendment 20A. 

Comments received after that date will 

not be considered by NMFS in this 

decision. All comments received by 

NMFS on Amendment 20A or the 

proposed rule for Amendment 20A 

during their respective comment 

periods will be addressed. 

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

Dated: January 6, 2012. 

Steven Thur, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–398 Filed 1–11–12; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 100217095–1780–03] 

RIN 0648–AY56 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; 

Amendment 32 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS published a proposed 

rule on November 2, 2011 (76 FR 67656) 

to implement management measures 

described in Amendment 32 to the 

Fishery Management Plan (FMP) for the 

Reef Fish Resources of the Gulf of 

Mexico (Amendment 32) prepared by 

the Gulf of Mexico Fishery Management 

Council (Council). During the comment 

period for that proposed rule, NMFS 

identified an inconsistency in the 

codified text of that rule regarding the 

accountability measures for recreational 

gag and red grouper that needs 

correction. This rule proposes to further 

revise the recreational accountability 

measures for gag and red grouper to 

correctly specify what will occur if the 

ACL is exceeded and the species is 

overfished. This proposed rule is 

intended to end overfishing of gag, 

allow the gag stock to rebuild, and comanage gag and red grouper by 

implementing concurrent management 

measures. 

DATES: Written comments must be 

received on or before January 27, 2012. 

ADDRESSES: You may submit comments 

on the proposed rule identified by 

‘‘NOAA–NMFS–2011–0135’’ by any of 

the following methods: 

• Electronic submissions: Submit 

electronic comments via the Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Peter Hood, Southeast 

Regional Office, NMFS, 263 13th 

Avenue South, St. Petersburg, FL 33701. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

To submit comments through the 

Federal e-Rulemaking Portal: http:// 

www.regulations.gov, click on ‘‘submit a 

comment,’’ then enter ‘‘NOAA–NMFS– 

2011–0135’’ in the keyword search and 

click on ‘‘search.’’ To view posted 

comments during the comment period, 

enter ‘‘NOAA–NMFS–2011–0135’’ in 

the keyword search and click on 

‘‘search.’’ NMFS will accept anonymous 

comments (enter N/A in the required 

field if you wish to remain anonymous). 

You may submit attachments to 

electronic comments in Microsoft Word, 

Excel, WordPerfect, or Adobe PDF file 

formats only. 

Comments through means not 

specified in this rule will not be 

accepted. 

Electronic copies of Amendment 32, 

which includes a draft environmental 

impact statement (DEIS), an initial 

regulatory flexibility analysis (IRFA), 

and a regulatory impact review, 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; 

email: Peter.Hood@noaa.gov. 

SUPPLEMENTARY INFORMATION: The reef 

fish fishery of the Gulf of Mexico 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 Act. 

Background 

A proposed rule for Amendment 32 

was published on November 2, 2011 (76 

FR 67656) with the comment period 

ending December 2, 2011. That 

proposed rule included measures to 

adjust the commercial gag quota and 

recreational annual catch target (ACT) 

for 2012 through 2015 and subsequent 

fishing years, consistent with the gag 

rebuilding plan established in 

Amendment 32; adjust the shallowwater grouper quota; adjust the 

commercial and recreational sector’s 

annual catch limits (ACLs) for gag and 

red grouper; adjust the commercial ACL 

for SWG; establish a formula-based 

method for setting gag and red grouper 

multi-use allocation for the grouper/ 

tilefish individual fishing quota 

program in the Gulf of Mexico; set the 

recreational gag fishing season from July 

1 through October 31; reduce the gag 

commercial size limit to 22 inches (59 

cm) total length (TL); and modify the 

gag and red grouper accountability 

measures (AMs). 

During the comment period for that 

proposed rule, NMFS identified an 

inconsistency in the codified text 

regarding the AMs for gag and red 

grouper. In § 622.49, paragraph 

(a)(4)(ii)(C), the codified text for gag 

recreational AMs states that, ‘‘if gag 

recreational landings, as estimated by 

the SRD, exceed the applicable ACL 

specified in paragraph (a)(4)(ii)(D), and 

gag are overfished, based on the most 

recent status of U.S. Fisheries Report to 

Congress, the AA will file a notification 

with the Office of the Federal Register, 

at or near the beginning of the following 

fishing year to reduce the ACL for that 

following year by the amount of the 

overage in the prior fishing year, unless 

the best scientific information available 

determines that a greater, lesser, or no 

overage adjustment is necessary.’’ 

However, in § 622.49, paragraph 

(a)(4)(ii)(B), the codified text states that, 

‘‘Without regard to overfished status, 

and in addition to the measures 

specified in paragraph (a)(4)(ii)(A), if 

gag recreational landings, as estimated 

by the SRD, exceed the applicable ACLs 

specified in paragraph (a)(4)(ii)(D), the 

AA will file a notification with the 

Office of the Federal Register to 

maintain the gag target catch level, 

specified in paragraph (a)(4)(ii)(D), for 

that following fishing year at the level 

of the prior year’s target catch, unless 

the best scientific information available 

determines that maintaining the prior 

year’s target catch is unnecessary.’’ The 

codified text for red grouper recreational 

AMs in § 622.49, paragraphs (a)(5)(ii)(C) 

and (B) is identical to the gag codified 

text. Therefore, if gag or red grouper are 

overfished and recreational landings 

exceed the ACL and an overage 

adjustment is made to the ACL the 

following year, the ACL could actually 


pmangrum on DSK3VPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 8 / Thursday, January 12, 2012 / Proposed Rules 1911 

be adjusted to a lower poundage than 

the annual target catch or ACT. The 

ACT, according to the National 

Standard 1 guidelines (74 FR 3178, 

January 16, 2009) is usually set less than 

the ACL. ‘‘ACT is set at an amount not 

to exceed the ACL to account for 

management uncertainty in controlling 

a fishery’s actual catch.’’ Therefore, 

there should be a buffer between the 

ACT and the ACL. This rule proposes to 

rectify this potential inconsistency in 

the regulations. If the ACL is exceeded 

and gag or red grouper are overfished, 

NMFS proposes that both the ACL and 

ACT be adjusted by the same ACL 

overage amount the next fishing year. 

NMFS also proposed to revise the term 

‘‘target catch level’’ with ‘‘annual catch 

target’’ or ‘‘ACT’’, which is the language 

used in Amendment 32 and which is 

consistent with the language used in the 

codified text for other Gulf and South 

Atlantic species with ACLs, AMs, and 

target catches, or ACTs. The codified 

text contained in this proposed rule 

only contains the further revisions to 

the recreational AMs for gag and red 

grouper. The codified text for all other 

measures in Amendment 32 is 

contained in the proposed rule 

published on November 2, 2011 (76 FR 

67656) and is not repeated here. 

NMFS is requesting comments for a 

period of 15 days regarding these 

additional revisions to the codified text. 

These management measures, as well as 

the management measures contained in 

the proposed rule published on 

November 2, 2011, will be addressed in 

one final rule to implement Amendment 

32. No other revisions or changes to the 

proposed rule to implement 

Amendment 32 are included here. All 

discussion of the management measures 

contained in Amendment 32 including 

the accountability measures are 

provided in the proposed rule that 

published on November 2, 2011 (76 FR 

67656), and in Amendment 32, and are 

not repeated here. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the AA has 

determined that this proposed rule is 

consistent with Amendment 32, the 

Magnuson-Stevens Act and other 

applicable law, subject to further 

consideration after public comment. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

NMFS prepared an IRFA, as required 

by section 603 of the Regulatory 

Flexibility Act, for the proposed rule to 

implement Amendment 32 (76 FR 

67656). The IRFA analyzed all of the 

measures contained in Amendment 32, 

including the accountability measures 

in this rule, in the rule that published 

on November 2, 2011 and in 

Amendment 32, and therefore, are not 

repeated here. A copy of the full 

analysis is available from NMFS (see 

ADDRESSES). 

This proposed rule does not establish 

any new reporting, record-keeping, or 

other compliance requirements. 

List of Subjects in 50 CFR Part 622 

Fisheries, Fishing, Puerto Rico, 

Reporting and recordkeeping 

requirements, Virgin Islands. 

Dated: January 6, 2012. 

Paul N. Doremus, 

Deputy Assistant Administrator for 

Operations, National Marine Fisheries 

Service. 

For the reasons set out in the 

preamble, 50 CFR part 622, as proposed 

to be amended at 76 FR 67656, 

November 2, 2011, is proposed to be 

further amended as follows: 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF, AND SOUTH 

ATLANTIC 

1. The authority citation for part 622 

continues to read as follows: 

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

2. In § 622.49, paragraphs (a)(4)(ii), 

and (a)(5)(ii) are revised to read as 

follows: 

§ 622.49 Annual Catch Limits (ACLs) and 

Accountability measures (AMs). 

(a) * * * 

(4) * * * 

(ii) Recreational sector. (A) Without 

regard to overfished status, if gag 

recreational landings, as estimated by 

the SRD, reach or are projected to reach 

the applicable ACLs specified in 

paragraph (a)(4)(ii)(D), the AA will file 

a notification with the Office of the 

Federal Register, to close the 

recreational sector for the remainder of 

the fishing year. On and after the 

effective date of such a notification, the 

bag and possession limit of gag in or 

from the Gulf EEZ is zero. This bag and 

possession limit applies in the Gulf on 

board a vessel for which a valid Federal 

charter vessel/headboat permit for Gulf 

reef fish has been issued, without regard 

to where such species were harvested, 

i.e. in state or Federal waters. In 

addition, the notification will reduce 

the length of the recreational SWG 

fishing season the following fishing year 

by the amount necessary to ensure gag 

recreational landings do not exceed the 

recreational target catch level in the 

following fishing year. 

(B) If gag are not overfished, and in 

addition to the measures specified in 

paragraph (a)(4)(ii)(A), if gag 

recreational landings, as estimated by 

the SRD, exceed the applicable ACLs 

specified in paragraph (a)(4)(ii)(D), the 

AA will file a notification with the 

Office of the Federal Register to 

maintain the gag ACT, specified in 

paragraph (a)(4)(ii)(D), for that following 

fishing year at the level of the prior 

year’s ACT, unless the best scientific 

information available determines that 

maintaining the prior year’s target catch 

is unnecessary. In addition, the 

notification will reduce the length of the 

recreational SWG fishing season the 

following fishing year by the amount 

necessary to ensure gag recreational 

landings do not exceed the recreational 

ACT in the following fishing year. 

(C) In addition to the measures 

specified in paragraphs (a)(4)(ii)(A) and 

(B), if gag recreational landings, as 

estimated by the SRD, exceed the 

applicable ACL specified in paragraph 

(a)(4)(ii)(D), and gag are overfished, 

based on the most recent status of U.S. 

Fisheries Report to Congress, the AA 

will file a notification with the Office of 

the Federal Register, at or near the 

beginning of the following fishing year 

to reduce the ACL and the ACT for that 

following year by the amount of the 

ACL overage in the prior fishing year, 

unless the best scientific information 

available determines that a greater, 

lesser, or no overage adjustment is 

necessary. 

(D) The applicable recreational ACLs 

for gag, in gutted weight, are 1.232 

million lb (0.559 million kg) for 2012, 

1.495 million lb (0.678 million kg) for 

2013, 1.720 million lb (0.780 million kg) 

for 2014, and 1.903 million lb (0.863 

million kg) for 2015 and subsequent 

fishing years. The recreational ACTs for 

gag, in gutted weight, are 1.031 million 

lb (0.468 million kg) for 2012, 1.287 

million lb (0.584 million kg) for 2013, 

1.519 million lb (0.689 million kg) for 

2014, and 1.708 million lb (0.775 

million kg) for 2015 and subsequent 

fishing years. Recreational landings will 

be evaluated relative to the ACL based 

on a moving multi-year average of 

landings, as described in the FMP. 

(5) * * * 

(ii) Recreational sector. (A) Without 

regard to overfished status, if red 

grouper recreational landings, as 

estimated by the SRD, reach or are 

projected to reach the applicable ACL 

specified in paragraph (a)(5)(ii)(D), the 

AA will file a notification with the 

Office of the Federal Register, to close 

the recreational sector for the remainder 

of the fishing year. On and after the 

effective date of such a notification, the 

bag and possession limit of red grouper 

in or from the Gulf EEZ is zero. This bag 


pmangrum on DSK3VPTVN1PROD with PROPOSALS
1912 Federal Register / Vol. 77, No. 8 / Thursday, January 12, 2012 / Proposed Rules 

and possession limit applies in the Gulf 

on board a vessel for which a valid 

Federal charter vessel/headboat permit 

for Gulf reef fish has been issued, 

without regard to where such species 

were harvested, i.e. in state or Federal 

waters. 

(B) If red grouper are not overfished, 

and in addition to the measures 

specified in paragraph (a)(5)(ii)(A), if 

red grouper recreational landings, as 

estimated by the SRD, exceed the 

applicable ACL specified in paragraph 

(a)(5)(ii)(D), the AA will file a 

notification with the Office of the 

Federal Register to maintain the red 

grouper ACT, specified in paragraph 

(a)(5)(ii)(D), for that following fishing 

year at the level of the prior year’s ACT, 

unless the best scientific information 

available determines that maintaining 

the prior year’s ACT is unnecessary. In 

addition, the notification will reduce 

the bag limit by one fish and reduce the 

length of the recreational SWG fishing 

season the following fishing year by the 

amount necessary to ensure red grouper 

recreational landings do not exceed the 

recreational ACT in the following 

fishing year. The minimum red grouper 

bag limit for 2014 and subsequent 

fishing years is two fish. 

(C) In addition to the measures 

specified in paragraphs (a)(5)(ii)(A) and 

(B), if red grouper recreational landings, 

as estimated by the SRD, exceed the 

applicable ACL specified in paragraph 

(a)(5)(ii)(D), and red grouper are 

overfished, based on the most recent 

Status of U.S. Fisheries Report to 

Congress, the AA will file a notification 

with the Office of the Federal Register, 

at or near the beginning of the following 

fishing year to reduce the ACL and the 

ACT for that following year by the 

amount of the ACL overage in the prior 

fishing year, unless the best scientific 

information available determines that a 

greater, lesser, or no overage adjustment 

is necessary. 

(D) The recreational ACL for red 

grouper, in gutted weight, is 1.90 

million lb (0.862 million kg) for 2012 

and subsequent fishing years. The 

recreational ACT for red grouper, in 

gutted weight, is 1.730 million lb (0.785 

million kg) for 2012 and subsequent 

fishing years. Recreational landings will 

be evaluated relative to the ACL based 

on a moving multi-year average of 

landings, as described in the FMP. 

* * * * * 

[FR Doc. 2012–475 Filed 1–11–12; 8:45 am] 

BILLING CODE 3510–22–P 


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