Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Rules and Regulations 19563 

* * * * * 

[FR Doc. 2012–7860 Filed 3–30–12; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket Nos. 100610255–0257–01 and 

040205043–4043–01] 

RIN 0648–XB074 

2012 Accountability Measures for Gulf 

of Mexico Commercial Greater 

Amberjack and Closure of the 

Commercial Sector for Greater 

Amberjack 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements 

accountability measures (AMs) for 

commercial greater amberjack in the 

Gulf of Mexico (Gulf) for the 2012 

fishing year through this temporary final 

rule, and announces the closure of the 

2012 commercial sector for greater 

amberjack of the Gulf reef fish fishery. 

This rule reduces the 2012 commercial 

quota for greater amberjack to 237,438 lb 

(107,700 kg), based on the 2011 quota 

overage. The commercial fishing season 

opened on January 1, 2012 and is closed 

March 1–May 31. The season is 

scheduled to re-open on June 1, 

however, NMFS has determined that the 

2012 adjusted commercial quota for 

Gulf greater amberjack was harvested in 

January and February of 2012. 

Therefore, the commercial sector for 

greater amberjack will remain closed for 

the remainder of the 2012 fishing year. 

These actions are necessary to reduce 

overfishing of the Gulf greater amberjack 

resource. 

DATES: This rule is effective April 2, 

2012, through December 31, 2012. 

ADDRESSES: Copies of the final rule for 

Amendment 30A, the Final 

Supplemental Environmental Impact 

Statement (FSEIS) for Amendment 30A, 

and other supporting documentation 

may be obtained from Rich Malinowski, 

NMFS, Southeast Regional Office, 263 

13th Avenue South, St. Petersburg, FL 

33701; telephone: 727–824–5305. 

FOR FURTHER INFORMATION CONTACT: Rich 

Malinowski, telephone: 727–824–5305, 

email Rich.Malinowski@noaa.gov. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the reef fish fishery of the Gulf 

under the Fishery Management Plan for 

Reef Fish Resources of the Gulf of 

Mexico (FMP). The Gulf of Mexico 

Fishery Management Council (Council) 

prepared the FMP and NMFS 

implements the FMP 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 established new 

requirements including annual catch 

limits (ACLs) and AMs to end 

overfishing and prevent overfishing 

from occurring. AMs are management 

controls to prevent ACLs from being 

exceeded, and correct or mitigate 

overages of the ACL if they occur. 

Section 303(a)(15) of the MagnusonStevens Act mandates the establishment 

of ACLs at a level such that overfishing 

does not occur in the fishery, including 

measures to ensure accountability. 

On July 3, 2008, NMFS issued a final 

rule (73 FR 38139) to implement 

Amendment 30A to the FMP. 

Amendment 30A established 

commercial and recreational quotas for 

Gulf greater amberjack and AMs that 

would go into effect if the commercial 

and recreational quotas for greater 

amberjack are exceeded. In accordance 

with regulations at 50 CFR 

622.49(a)(1)(i), when the applicable 

commercial quota is reached, or 

projected to be reached, the Assistant 

Administrator for Fisheries, NOAA, 

(AA), will file a notification with the 

Office of the Federal Register to close 

the commercial sector for the remainder 

of the fishing year. If despite such 

closure, commercial landings exceed the 

quota, the AA will reduce the quota the 

year following an overage by the amount 

of the overage of the prior fishing year. 

Management Measures Contained in 

this Temporary Rule 

Finalized 2011 commercial landings 

data indicated the adjusted 2011 

commercial quota of 342,091 lb (155,170 

kg) was exceeded by 78 percent, or 

265,562 lb (120,457 kg). Therefore, the 

reduced 2012 commercial quota for Gulf 

greater amberjack is 237,438 lb (107,700 

kg) (i.e., 503,000-lb (228,157-kg) 

commercial quota minus the overage of 

265,562 lb (120,457 kg)). The NMFS 

Southeast Fisheries Science Center 

estimated that the commercial sector 

landed 221,789 lb (100,601 kg) of greater 

amberjack during the months of January 

and February of 2012, and projects 

subsequent updates to the landings data 

will meet the adjusted 2012 commercial 

sector quota for greater amberjack of 

237,438 lb (107,700 kg). 

Accordingly, NMFS is closing 

commercial sector harvest of greater 

amberjack in the Gulf EEZ for the 

remainder of the 2012 fishing year. The 

operator of a vessel with a valid 

commercial vessel permit for Gulf reef 

fish having greater amberjack aboard 

must have landed, bartered, traded, or 

sold such greater amberjack prior to 

12:01 a.m., local time, March 1, 2012. 

During the closure, all commercial 

harvest or possession of greater 

amberjack in or from the Gulf EEZ, and 

the sale or purchase of greater amberjack 

taken from the EEZ is prohibited. The 

prohibition on sale or purchase does not 

apply to sale or purchase of greater 

amberjack that were harvested, landed 

ashore, and sold prior to 12:01 a.m., 

local time, March 1, 2012, and were 

held in cold storage by a dealer or 

processor. In addition to the Gulf EEZ 

closure, a person on board a vessel for 

which a commercial vessel permit for 

Gulf reef fish has been issued must 

comply with these closure provisions 

regardless of where the Gulf greater 

amberjack are harvested, i.e., in State or 

Federal waters. This closure is intended 

to prevent overfishing of Gulf greater 

amberjack and increase the likelihood 

that the 2012 commercial quota will not 

be exceeded. 

The 2013 commercial quota for 

greater amberjack will return to the 

quota of 503,000 lb (228,157 kg) 

specified at 50 CFR 622.42(a)(1)(v) 

unless AMs are implemented due to a 

quota overage and NMFS specifies a 

reduced quota through notification in 

the Federal Register, or the Council 

takes subsequent regulatory action to 

adjust the quota. 

Classification 

The Regional Administrator, 

Southeast Region, NMFS, (RA) has 

determined this temporary rule is 

necessary for the conservation and 

management of the Gulf greater 

amberjack component of the Gulf reef 

fish fishery and is consistent with the 

Magnuson-Stevens Act, the FMP, and 

other applicable laws. 

The temporary rule has been 

determined to be not significant for 

purposes of 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. 

NMFS prepared a Final 

Environmental Impact Statement (FEIS) 

for Amendment 30A. A notice of 

availability for the FEIS was published 

on April 18, 2008 (73 FR 21124). A copy 


sroberts on DSK5SPTVN1PROD with RULES
19564 Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Rules and Regulations 

of the FEIS and the Record of Decision 

are available from NMFS (see 

ADDRESSES). 

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 

Amendment 30A and located at 50 CFR 

622.49(a)(1)(i) authorize the AA to file a 

notification with the Office of the 

Federal Register to close the commercial 

sector for the remainder of the fishing 

year when the quota is reached or 

projected to be reached and reduce the 

commercial quota the following fishing 

year if an overage occurs. The final rule 

for Amendment 30A that implemented 

these AMs was already subject to notice 

and comment and all that remains is to 

notify the public of the 2012 

commercial quota, and the closure of 

the commercial sector for Gulf greater 

amberjack. 

Also, providing prior notice and 

opportunity for public comment on this 

action would be contrary to the public 

interest. Given the regulatory obligation 

for NMFS to announce the duration of 

the commercial season in a timely 

manner, it is important this 

announcement be made as soon as 

possible to allow affected participants 

the maximum amount of time to adjust 

their fishing activities to account for the 

closure of the commercial sector. 

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). 

Dated: March 28, 2012. 

Carrie Selberg, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–7851 Filed 3–28–12; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 111207737–2141–02] 

RIN 0648–XB142 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Using Trawl Gear in 

the Central Regulatory Area of the Gulf 

of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher vessels 

(CVs) using trawl gear in the Central 

Regulatory Area of the Gulf of Alaska 

(GOA). This action is necessary to 

prevent exceeding the A season 

allowance of the 2012 Pacific cod total 

allowable catch apportioned to CVs 

using trawl gear in the Central 

Regulatory Area of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), April 1, 2012, through 1200 

hrs, A.l.t., September 1, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

Regulations governing sideboard 

protections for GOA groundfish 

fisheries appear at subpart B of 50 CFR 

part 680. 

The A season allowance of the 2012 

Pacific cod total allowable catch (TAC) 

apportioned to CVs using trawl gear in 

the Central Regulatory Area of the GOA 

is 8,936 metric tons (mt), as established 

by the final 2012 and 2013 harvest 

specifications for groundfish of the GOA 

(77 FR 15194, March 14, 2012). 

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator) has 

determined that the A season allowance 

of the 2012 Pacific cod TAC 

apportioned to CVs using trawl gear in 

the Central Regulatory Area of the GOA 

will soon be reached. Therefore, the 

Regional Administrator is establishing a 

directed fishing allowance of 7,936 mt, 

and is setting aside the remaining 1,000 

mt as bycatch to support other 

anticipated groundfish fisheries. In 

accordance with § 679.20(d)(1)(iii), the 

Regional Administrator finds that this 

directed fishing allowance has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for Pacific 

cod by CVs using trawl gear in the 

Central Regulatory Area of the GOA. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the directed fishing closure of 

Pacific cod for CVs using trawl gear in 

the Central Regulatory Area of the GOA. 

NMFS was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of March 26, 

2012. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: March 28, 2012. 

Carrie Selberg, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–7841 Filed 3–28–12; 4:15 pm] 

BILLING CODE 3510–22–P 


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