Federal Register / Vol. 76, No. 186 / Monday, September 26, 2011 / Proposed Rules
the FMPs, the Magnuson-Stevens Act,
and other applicable law. If that
determination is affirmative, NMFS will
publish the proposed rule in the Federal
Register for public review and
comment.
Comments received by November 25,
2011, whether specifically directed to
the amendment or the proposed rule,
will be considered by NMFS in its
decision to approve, disapprove, or
partially approve the amendment.
Comments received after that date will
not be considered by NMFS in this
decision. All comments received by
NMFS on the amendment or the
proposed rule during their respective
comment periods will be addressed in
the final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 21, 2011.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–24677 Filed 9–23–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
RIN 0648–AY22
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Generic
Annual Catch Limits/Accountability
Measures Amendment for the Gulf of
Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability; request
for comments.
AGENCY:
NMFS announces that the
Gulf of Mexico Fishery Management
Council (Council) has submitted a
Generic Annual Catch Limits/
Accountability Measures Amendment
(Generic ACL Amendment) to the
Fishery Management Plans (FMPs) for
Reef Fish Resources, Red Drum, Shrimp,
and Coral and Coral Reefs for the Gulf
of Mexico (Gulf) for review, approval,
and implementation by NMFS. The
amendment proposes actions to allow
management of selected species by other
Federal and/or state agencies; remove
species not currently in need of Federal
management from the FMPs; develop
species groups for management;
establish acceptable biological catch
(ABC) control rules; establish annual
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SUMMARY:
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catch limits (ACLs) and ACL control
rules; modify framework procedures;
and establish accountability measures
(AMs).
Written comments must be
received on or before November 25,
2011.
DATES:
You may submit comments
on the amendment identified by
NOAA–NMFS–2011–0143 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: Rich Malinowski, 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–
2011–0143’’ in the keyword search and
click on ‘‘search.’’ To view posted
comments during the comment period,
enter ‘‘NOAA–NMFS–2011–0143’’ 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 received through means
not specified in this rule will not be
considered.
Electronic copies of the amendment
may be obtained from the Southeast
Regional Office Web site at http://
sero.nmfs.noaa.gov.
ADDRESSES:
Rich
Malinowski, telephone: 727–824–5305,
or e-mail: rich.malinowski@noaa.gov.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) requires each
regional fishery management council to
submit any FMP or amendment to
NMFS for review and approval,
disapproval, or partial approval. The
Magnuson-Stevens Act also requires
that NMFS, upon receiving a plan or
amendment, publish an announcement
FOR FURTHER INFORMATION CONTACT:
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in the Federal Register notifying the
public that the plan or amendment is
available for review and comment.
The four FMPs being revised by this
Generic ACL Amendment were
prepared by the Council and
implemented through regulations at 50
CFR parts 622 under the authority of the
Magnuson-Stevens Act.
Background
The 2006 revisions to the MagnusonStevens Act require that, in 2011, for
fish stocks determined by the Secretary
to not be subject to overfishing, ACLs
must be established at a level that
prevents overfishing and helps to
achieve optimum yield (OY) within a
fishery. The Magnuson-Stevens Act
requires NMFS and regional fishery
management councils to prevent
overfishing and achieve, on a
continuing basis, the OY from federally
managed stocks. These mandates are
intended to ensure 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.
Actions Contained in the Amendment
The Generic ACL Amendment
proposes to identify those fish stocks in
need of ACLs; identify stocks that do
not need Federal management and can
therefore be removed from their
respective FMPs; delegate management
of selected stocks to other management
agencies; and combine selected stocks
into species groupings for more effective
management. Additionally, the
amendment would establish the
necessary procedures for determining
and implementing ACLs and associated
management measures by creating an
ABC control rule, an ACL/annual catch
target (ACT) control rule, and
framework procedures for implementing
management changes in a timelier
manner. The Generic ACL Amendment
would establish ACLs, and optionally
ACTs, for fish stocks or stock groups.
The Generic ACL Amendment also
defines the apportionment for three
selected stocks across the jurisdictional
boundary between the Gulf Council and
the South Atlantic Fishery Management
Council (South Atlantic Council), and
allocates the harvest of black grouper
between the commercial and
recreational sectors within the reef fish
fishery in the Gulf. Finally, the Generic
ACL Amendment establishes AMs
intended to respond to and manage
future harvest should a stock or stock
groups ACL be exceeded.
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Federal Register / Vol. 76, No. 186 / Monday, September 26, 2011 / Proposed Rules
Transfer Management of Selected
Stocks to Other Agencies
The presence of some stocks in Gulf
Federal waters is uncommon and their
occurrence is predominately within the
jurisdiction of the South Atlantic
Council. National Standard 7 of the
Magnuson-Stevens Act states that, to the
extent practicable, conservation and
management measures shall avoid
unnecessary duplication. The Generic
ACL Amendment proposes to remove
Nassau grouper from the Reef Fish FMP;
the Council will request that the
Secretary of Commerce designate the
South Atlantic Council as the
responsible council for Nassau grouper.
The South Atlantic Council has agreed
to manage this species throughout its
range in the South Atlantic and Gulf of
Mexico regions. Similarly, the Generic
ACL Amendment would remove
octocorals from the Coral and Coral
Reefs FMP. The majority of harvest of
octocorals occurs in waters under the
jurisdiction of the South Atlantic
Council, and they will continue to
manage octocorals in their region.
Octocoral harvest in the Gulf occurs
primarily in Florida territorial waters.
Florida manages octocorals in its state
waters, and has notified the Council that
it will assume management of octocorals
in Gulf Federal waters as well.
Removal of Stocks From Reef Fish
Fishery Management Plan
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Approximately 50 species of fish are
under consideration for management
actions in the Generic ACL Amendment.
Many uncommonly harvested species
were originally placed in fishery
management plans for data monitoring
purposes, rather than because they were
considered to be in need of Federal
management. The Generic ACL
Amendment would remove ten of the
less frequently landed species in the
Reef Fish FMP, after the Council
determined these species are not in
need of Federal management. Species
proposed for removal include those
species for which average landings are
less than 15,000 lb (6,804 kg) annually,
or that are harvested primarily in state
waters, and include: Anchor tilefish,
misty grouper, sand perch, dwarf sand
perch, blackline tilefish, schoolmaster,
red hind, rock hind, dog snapper, and
mahogany snapper.
Species Groupings
In some cases, groups of stocks share
a common habitat and are caught with
the same gear in the same area at the
same time. Some species groupings
already exist in management, i.e.,
shallow-water grouper, deep-water
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grouper, and tilefishes. The Council
determined that grouping species that
share similar fishery characteristics
would allow for more effective
management of those lesser caught
species where there is insufficient
individual single species information.
framework procedures would also add
flexibility and the ability to more timely
respond to certain future Council
decisions through the framework
procedures.
ABC Control Rules
Standard methods for determining the
appropriate ABC would allow the
Council’s Scientific and Statistical
Committee (SSC) to determine an
objective and efficient assignment of
ABC at or less than the overfishing
limit. The SSC’s selection of an ABC
takes into account scientific uncertainty
regarding the harvest levels that would
lead to overfishing. The quality and
quantity of landings information varies
according to the stock in question, thus
separate control rules are needed for
data-adequate and data-poor stocks. In
some cases, the nature of the fishery or
other management considerations may
require a separate control rule for a
given stock.
The Generic ACL Amendment would
assign initial ACLs, and optionally
ACTs, for each of the stocks retained for
Federal management in the amendment.
Additionally, the Generic ACL
Amendment would apportion harvest
levels of black grouper, yellowtail
snapper, and mutton snapper stocks
between the Gulf Council and South
Atlantic Council. Finally, this measure
would establish commercial and
recreational harvest allocations for black
grouper for the Gulf.
ACL/ACT Control Rules
Under the Magnuson-Stevens Act,
ACTs are optional management targets
intended to help constrain harvest to
levels so that the ACL is not exceeded.
Establishing control rules for setting
these catch levels would provide
guidance to the Council on setting an
objective and efficient assignment of
ACLs that take into account the
potential for management uncertainty.
As with the ABC control rule, different
levels of landings information about
catch levels and management of stocks
may require separate control rules for
data-adequate and data-poor stocks. In
some cases, the nature of the fishery or
other management considerations may
require a separate control rule for a
given stock.
Generic Framework Procedures
To facilitate timely adjustments to
harvest parameters and other
management measures, the Council has
added the ability to adjust ACLs and
AMs, and establish and adjust total
allowable catch, to the current
framework procedures. These
adjustments or additions may be
accomplished through a regulatory
amendment which is less time intensive
than an FMP amendment. By including
ACLs, AMs, ACTs, and other
management criteria in the framework
procedures, the Council and NMFS
would have the flexibility to more
promptly alter those harvest parameters
as new scientific information becomes
available. The proposed addition of
other management options into the
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Specification of ACLs
Accountability Measures
In-season and post-season AMs are
proposed that would maintain catch
levels within the proposed ACLs or to
restore catch levels to those limits if
exceeded. These AMs would take into
account the timeliness of the catch data
for in-season monitoring, as well as
whether the stock is under a rebuilding
plan.
Consideration of Public Comments
A proposed rule that would
implement measures outlined in the
Generic ACL Amendment has been
received from the Council. In
accordance with the Magnuson-Stevens
Act, NMFS is evaluating the proposed
rule to determine whether it is
consistent with the FMPs, the
Magnuson-Stevens Act, and other
applicable law. If that determination is
affirmative, NMFS will publish the
proposed rule in the Federal Register
for public review and comment.
Comments received by November 25,
2011, whether specifically directed to
the amendment or the proposed rule,
will be considered by NMFS in its
decision to approve, disapprove, or
partially approve the amendment.
Comments received after that date will
not be considered by NMFS in this
decision. All comments received by
NMFS on the amendment or the
proposed rule during their respective
comment periods will be addressed in
the final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 21, 2011.
Emily H. Menashes,
Acting Director,
Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2011–24701 Filed 9–23–11; 8:45 am]
BILLING CODE 3510–22–P
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