2013-2014 Summer Flounder and Scup Specifications; 2013 Black Sea Bass Specifications; Preliminary 2013 Quota Adjustments; 2013 Summer Flounder Quota for Delaware, 76942-76950 [2012-31424]
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Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations
List of Subjects in 48 CFR Parts 225 and
252
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 225 and 252
are amended as follows:
■ 1. The authority citation for 48 CFR
parts 225 and 252 continue to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 225—FOREIGN ACQUISITION
225.003
[Amended]
2. Section 225.003 is amended in
paragraph (10), the definition of
‘‘qualifying country’’ by adding in
alphabetical order the country
‘‘Poland’’.
■
225.872–1
3. Section 225.872–1 paragraph (a) is
amended by adding, in alphabetical
order, the country of ‘‘Poland’’ to the list
of qualifying countries.
■
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
[Amended]
4. Section 252.212–7001 is amended
as follows:
■ a. In the clause heading, by removing
the clause date ‘‘(NOV 2012)’’ and
adding ‘‘(DEC 2012)’’ in its place;
■ b. In paragraph (b)(6)(i), by removing
the clause date ‘‘(JUN 2012)’’ and
adding ‘‘(DEC 2012)’’ in its place;
■ c. In paragraph (b)(9) by revising the
clause date to read ‘‘(DEC 2012);
■ d. In paragraph (b)(12), by removing
the clause date ‘‘(NOV 2012)’’ and
adding ‘‘(DEC 2012)’’ in its place;
■ e. In paragraph (b)(13)(i), by removing
the clause date ‘‘(NOV 2012)’’ and
adding ‘‘(DEC 2012)’’ in its place;
■ f. In paragraph (b)(16)(i), by removing
the clause date ‘‘(NOV 2012)’’ and
adding ‘‘(DEC 2012)’’ in its place;
■
252.225–7001
[Amended]
5. Section 252.225–7001 is amended
as follows:
■ a. In the clause heading, by removing
the clause date ‘‘(JUN 2012)’’ and
adding ‘‘(DEC 2012)’’ in its place;
■ b. In paragraph (a), the definition of
‘‘qualifying country’’, by adding, in
alphabetical order, the country of
‘‘Poland’’ to the list of qualifying
countries.
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■
252.225–7002
DEPARTMENT OF COMMERCE
252.225–7012
2013–2014 Summer Flounder and Scup
Specifications; 2013 Black Sea Bass
Specifications; Preliminary 2013 Quota
Adjustments; 2013 Summer Flounder
Quota for Delaware
[Amended]
7. Section 252.225–7012 is amended
as follows:
■ a. In the clause heading, by removing
the clause date ‘‘(JUN 2012)’’ and
adding ‘‘(DEC 2012)’’ in its place;
■ b. In paragraph (a), the definition of
‘‘qualifying country’’, by adding in
alphabetical order the country of
‘‘Poland’’ to the list of qualifying
countries.
■
252.225–7017
[Amended]
252.212–7001
a. In the clause heading, by removing
the clause date ‘‘(JUN 2012)’’ and
adding ‘‘(DEC 2012)’’ in its place;
■ b. In paragraph (a), the definition of
‘‘qualifying country’’, by adding in
alphabetical order the country of
‘‘Poland’’ to the list of qualifying
countries.
■
[Amended]
8. Section 252.225–7017 is amended
as follows:
■ a. In the clause heading, by removing
the clause date ‘‘(NOV 2012)’’ and
adding ‘‘(DEC 2012)’’ in its place;
■ b. In paragraph (a), the definition of
‘‘qualifying country’’, by adding in
alphabetical order the country of
‘‘Poland’’ to the list of qualifying
countries.
■
252.225–7021
[Amended]
9. Section 252.225–7021 is amended
as follows:
■ a. In the clause heading, by removing
the clause date ‘‘(NOV 2012)’’ and
adding ‘‘(DEC 2012)’’ in its place;
■ b. In paragraph (a), the definition of
‘‘qualifying country’’, by adding in
alphabetical order the country of
‘‘Poland’’ to the list of qualifying
countries.
■
252.225–7036
[Amended]
10. Section 252.225–7036 is amended
as follows:
■ a. In the clause heading, by removing
the clause date ‘‘(NOV 2012)’’ and
adding ‘‘(DEC 2012)’’ in its place;
■ b. In paragraph (a), the definition of
‘‘qualifying country’’, by adding in
alphabetical order the country of
‘‘Poland’’ to the list of qualifying
countries.
■
[FR Doc. 2012–31083 Filed 12–28–12; 8:45 am]
BILLING CODE 5001–06–P
[Amended]
6. Section 252.225–7002 is amended
as follows:
■
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National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 121009528–2729–02]
RIN 0648–XC287
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues final
specifications for the 2013 summer
flounder, scup, and black sea bass
fisheries, as well as the 2014 summer
flounder and scup fisheries. This final
rule specifies allowed harvest limits for
both commercial and recreational
fisheries. This action prohibits federally
permitted commercial fishing vessels
from landing summer flounder in
Delaware in 2013 due to continued
quota repayment from previous years’
overages.
These actions are necessary to comply
with regulations implementing the
Summer Flounder, Scup, and Black Sea
Bass Fishery Management Plan, as well
as to ensure compliance with the
Magnuson-Stevens Fishery
Conservation and Management Act.
The intent of this action is to establish
harvest levels and other management
measures to ensure that these species
are not overfished or subject to
overfishing in 2013 and 2014.
DATES: Effective January 1, 2013,
through December 31, 2014.
ADDRESSES: Copies of the specifications
document, consisting of an
Environmental Assessment (EA), Initial
Regulatory Flexibility Analysis (IRFA),
and other supporting documents used
by the Summer Flounder, Scup, and
Black Sea Bass Monitoring Committees
and Scientific and Statistical Committee
(SSC), are available from Dr.
Christopher Moore, Executive Director,
Mid-Atlantic Fishery Management
Council, Suite 201, 800 North State
Street, Dover, DE 19901. The
specifications document is also
accessible via the Internet at https://
www.nero.noaa.gov. The Final
Regulatory Flexibility Analysis (FRFA)
consists of the IRFA, public comments
and responses contained in this final
rule, and the summary of impacts and
SUMMARY:
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alternatives contained in this final rule.
Copies of the small entity compliance
guide are available from John K.
Bullard, Regional Administrator,
Northeast Region, National Marine
Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930–2298.
FOR FURTHER INFORMATION CONTACT:
Carly Bari, Fishery Management
Specialist, (978) 281–9224.
SUPPLEMENTARY INFORMATION:
Background
The Mid-Atlantic Fishery
Management Council (Council) and the
Atlantic States Marine Fisheries
Commission (Commission)
cooperatively manage the summer
flounder, scup, and black sea bass
fisheries under the Summer Flounder,
Scup, and Black Sea Bass Fishery
Management Plan (FMP). Fishery
specifications in these fisheries include
various catch and landing subdivisions,
such as the commercial and recreational
sector annual catch limits (ACLs),
annual catch targets (ACTs), sectorspecific landing limits (i.e., the
commercial fishery quota and
recreational harvest limit (RHL)), and
research set-aside (RSA) established for
the upcoming fishing year. Details of
each subdivision appear later in this
rule.
The FMP and its implementing
regulations establish the Council’s
process for establishing specifications.
All requirements of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act), including the 10 national
standards, also apply to specifications.
The management units specified in
the FMP include summer flounder
(Paralichthys dentatus) in U.S. waters of
the Atlantic Ocean from the southern
border of North Carolina northward to
the U.S./Canada border, scup
(Stenotomus chrysops), and black sea
bass (Centropristis striata) in U.S.
waters of the Atlantic Ocean from 35°
13.3’ N. lat. (the latitude of Cape
Hatteras Lighthouse, Buxton, NC)
northward to the U.S./Canada border.
Detailed background information
regarding the status of the summer
flounder, scup, and black sea bass
stocks and the development of the 2013
and 2014 specifications for these
fisheries was provided in the proposed
specifications (77 FR 68723; November
16, 2012). That information is not
repeated here.
NMFS will establish the 2013
recreational management measures (i.e.,
minimum fish size, possession limits,
and fishing seasons) for summer
flounder, scup, and black sea bass by
publishing proposed and final rules in
the Federal Register at a later date, after
the Council concludes its deliberations
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and submits its recommendations as
specified in the FMP.
2013 and 2014 Specifications
This final rule implements TAL, RSA,
and RHL for each management unit for
2013 and 2014, consistent with the
recommendations of the Council:
Summer Flounder: For 2013, a TAL of
19.07 million lb (8,650 mt), including
RSA of 589,800 lb (267 mt); a
commercial quota of 11.44 million lb
(5,189 mt); and an RHL of 7.63 million
lb (3,459 mt). For 2014, a TAL of 19.98
million lb (8,609 mt), including
proposed RSA of 587,100 lb (266 mt); a
commercial quota of 11.39 million lb
(5,166 mt); and an RHL of 7.59 million
lb (3,444 mt).
Scup: For 2013, a TAL of 31.08
million lb (14,098 mt), including RSA of
958,950 lb (435 mt); a commercial quota
of 23.53 million lb (10,671 mt); and an
RHL of 7.55 million lb (3,425 mt). For
2014, a TAL of 28.98 million lb (13,145
mt), including proposed RSA of 896,100
lb (406 mt); a commercial quota of 21.95
million lb (9,955 mt); and an RHL of
7.03 million lb (3,188 mt).
Black Sea Bass: For 2013, a TAL of
3.63 million lb (1,646 mt), including
RSA of 111,900 lb (50.8 mt); a
commercial quota of 1.78 million lb
(805 mt); and an RHL of 1.85 million lb
(838 mt).
TABLE 1—SUMMARY OF THE 2013–2014 SPECIFICATIONS
Summer Flounder
2013
ABC ...........................................................
Commercial ACL .......................................
Recreational ACL ......................................
Commercial ACT .......................................
Recreational ACT ......................................
Commercial Quota ....................................
RHL ...........................................................
million lb .......
mt .................
million lb .......
mt .................
million lb .......
mt .................
million lb .......
mt .................
million lb .......
mt .................
million lb .......
mt .................
million lb .......
mt .................
Scup
2014
22.34
10,133
12.11
5,491
10.23
4,642
12.11
5,491
10.23
4,642
11.44
5,189
7.63
3,459
22.24
10,088
12.05
5,467
10.19
4,621
12.05
5,467
10.19
4,621
11.39
5,166
7.59
3,444
2013
Black Sea
Bass
2014
38.71
17,557
30.19
13,694
8.52
3,863
30.19
13,694
8.52
3,863
23.53
10,671
7.55
3,425
35.99
16,325
28.07
12734
7.92
3,592
28.07
12734
7.92
3,592
21.95
9,955
7.03
3,188
2013
4.50
2,041
2.13
966
2.37
1,075
2.13
966
2.37
1,075
1.78
805
1.85
838
Note: Commercial Quotas and RHLs include the 3-percent RSA reduction.
Additional detail for each species’
specifications is provided, as follows.
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Summer Flounder
The summer flounder stock was
declared rebuilt in 2011. The stock
assessment update utilized to derive
specification recommendations
determined that summer flounder are
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not overfished and that overfishing did
not occur in 2011, the most recent year
of available data. This stock assessment
update did, however, indicate that
biomass is currently lower than in
recent years. As a result, the catch limits
for 2013 and 2014 are slightly lower
than in 2012.
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The overfishing limit (OFL) for
summer flounder for 2013 was
estimated to be 29.81 million lb (13,523
mt). Based on this information, the 2013
ABC for summer flounder is 22.34
million lb (10,133 mt), and, using a
strategy of a constant fishing mortality
rate, that the 2014 ABC for summer
flounder is 22.24 million lb (10,088 mt).
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Consistent with the summer flounder
regulations, the sum of the recreational
and commercial sector ACLs is equal to
the ABC. ACL is an expression of total
catch (i.e., landings and dead discarded
fish) in each sector. To derive the ACLs,
the sum of the sector-specific estimated
discards is removed from the ABC to
derive the landing allowance. The
resulting landing allowance is
apportioned to the commercial and
recreational sectors by applying the
FMP allocation criteria: 60 percent to
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the commercial fishery and 40 percent
to the recreational fishery. Although the
derived ACLs are not split exactly at 60/
40, the landing portions of the ACLs
preserve the 60/40 allocation split,
consistent with the FMP. This process
results in a commercial ACL for summer
flounder of 12.11 million lb (5,491 mt)
for 2013, and 12.05 million lb (5,467 mt)
for 2014. The recreational ACLs are
10.23 million lb (4,642 mt) for 2013 and
10.19 million lb (4,621 mt) for 2014.
Consistent with the quota-setting
procedures for the FMP, summer
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flounder overages are determined based
upon landings for the period January–
October 2012, plus any previously
unaccounted for overages. Table 2
summarizes, for each state, the
commercial summer flounder percent
shares as outlined in § 600.100(d)(1)(I),
the resultant 2013 commercial quotas
(both initial and after deducting the
RSA), the quota overages as described
above, and the final adjusted 2013
commercial quotas, after deducting the
RSA.
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Table 3 presents the initial allocations
of summer flounder for 2014, by state,
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with and without the commercial
portion of the RSA deduction. These
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state quota allocations for 2014 are
preliminary and are subject to change if
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there are overages of states’ quotas
carried over from a previous fishing
year, as well as any adjustments needed
after the 2014 RSA projects are awarded.
The final commercial quota allocations
will be announced in a Federal Register
notice prior to the start of the 2014
fishing year.
TABLE 3—2014 PRELIMINARY SUMMER FLOUNDER STATE COMMERCIAL QUOTAS
Commercial Quota less RSA 1
Initial Commercial Quota
State
Percent Share
kg 2
lb
kg 2
lb
ME ........................................................................................
NH ........................................................................................
MA ........................................................................................
RI ..........................................................................................
CT ........................................................................................
NY ........................................................................................
NJ .........................................................................................
DE ........................................................................................
MD ........................................................................................
VA ........................................................................................
NC ........................................................................................
0.04756
0.00046
6.82046
15.68298
2.25708
7.64699
16.72499
0.01779
2.03910
21.31676
27.44584
5,579
54
800,091
1,839,732
264,772
897,050
1,961,967
2,087
239,202
2,500,616
3,219,604
2,533
24
363,242
835,240
120,207
407,261
890,735
947
108,598
1,135,282
1,461,703
5,417
52
776,788
1,786,147
257,061
870,922
1,904,823
2,026
232,235
2,427,783
3,125,829
2,457
24
352,345
810,183
116,601
395,044
864,013
919
105,340
1,101,224
1,417,852
Total 3 ............................................................................
100.00001
11,730,754
5,326,000
11,389,082
5,166,000
1 Preliminary
Research Set-Aside amount is 587,100 lb (266 mt).
2 Kilograms are as converted from pounds and do not sum to the converted total due to rounding.
3 Rounding of quotas results in totals exceeding 100 percent.
Delaware Summer Flounder Closure
Table 2 shows that, for Delaware, the
amount of overharvest from previous
years is greater than the amount of
commercial quota allocated to Delaware
for 2013. As a result, there is no quota
available for 2013 in Delaware. The
regulations at § 648.4(b) provide that
Federal permit holders, as a condition of
their permit, must not land summer
flounder in any state that the
Administrator, Northeast Region,
NMFS, has determined no longer has
commercial quota available for harvest.
Therefore, effective January 1, 2013,
landings of summer flounder in
Delaware by vessels holding commercial
Federal summer flounder permits are
prohibited for the 2013 calendar year,
unless additional quota becomes
available through a quota transfer and is
announced in the Federal Register.
Federally permitted dealers are advised
that they may not purchase summer
flounder from federally permitted
vessels that land in Delaware for the
2013 calendar year, unless additional
quota becomes available through a
transfer, as mentioned above.
Scup
The OFL for scup is 47.80 million lb
(21,680 mt). Using the appropriate
control rule and applying the Council’s
risk policy, the ABC for scup is 38.71
million lb (17,557 mt) for 2013, and,
using a constant fishing mortality rate of
0.142, the 2014 ABC is 35.99 million lb
(16,325 mt). Similar to summer
flounder, the stock assessment update
upon which the specifications are based
indicates that scup biomass is currently
lower than in recent years. Therefore,
the 2013 and 2014 catch limits are
slightly lower than in 2012, but are still
relatively high compared to recent
landings.
The scup management measures
specify that the ABC is equal to the sum
of the commercial and recreational
sector ACLs. The ACTs (both
commercial and recreational) are equal
to the respective ACL for 2013–2014.
Therefore, commercial sector ACLs/
ACTs are 30.19 million lb (13,694 mt)
for 2013, and 28.07 million lb (12,734
mt) for 2014. The recreational sector
ACLs/ACTs are 8.52 million lb (3,863
mt) and 7.92 million lb (3,592 mt) for
2013 and 2014, respectively.
After deducting 958,950 lb (435 mt)
from the ACL for 2013 RSA, the scup
commercial quota is reduced to 23.53
million lb (10,671 mt), with an RHL of
7.55 million lb (3,425 mt). Using the
preliminary 2014 RSA amount of 3
percent, the scup commercial for 2014
is 21.95 million lb (9,955 mt), and the
RHLs is 7.03 million lb (3,188 mt). The
quota allocations for 2014 are
preliminary and are subject to
reductions if there are overages that
occur in the 2013 fishing year, as well
as any adjustments needed after the
2014 RSA projects are awarded. Any
necessary quota adjustments will be
included in a Federal Register notice
prior to the start of the 2014 fishing
year.
TABLE 4—SCUP SPECIFICATIONS
Year
2012 ...............................
2013 ...............................
2014 ...............................
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Commercial
ACL
ABC
million lb .......
mt .................
million lb .......
mt .................
million lb .......
mt .................
Recreational
ACL
Comm. ACT
31.89
14,464
30.19
13,694
28.07
12,734
8.99
4,079
8.52
3,863
7.92
3,592
31.89
14,464
30.19
13,694
28.07
12,734
40.88
18,543
38.71
16,325
35.99
16,325
Rec. ACT
8.99
4,079
8.52
3,863
7.92
3,592
Comm.
Quota
27.91
12,659
23.53
10,671
21.95
9,955
RHL
8.45
3,831
7.55
3,425
7.03
3,188
NOTE: Commercial Quotas and RHLs include the 3-percent RSA reduction
The scup commercial quota is divided
into three commercial fishery quota
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periods. Consistent with the quota
setting procedures established for the
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FMP, scup overages are determined
based upon landings for the Winter I
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and Summer 2012 periods, plus any
previously unaccounted for overages.
There are no previous commercial
overages applicable to the 2013 scup
commercial quota; therefore, no
adjustment to the 2013 scup
specifications is required in this final
rule. Any overage of the 2012 Winter II
period will be addressed in July 2013,
prior to the start of the 2013 Winter II
fishery. The period quotas, after
deducting for RSA, are detailed in
Tables 5 and 6. Unused Winter I quota
may be carried over for use in the
Winter II period.
Per the quota accounting procedures
in the FMP, after June 30, 2013, NMFS
will compile all available landings data
for the 2012 Winter II quota period and
compare the landings to the 2012
76947
Winter II quota period allocation,
inclusive of any transfer from the 2012
Winter I quota period. Any overages
will be determined, and deductions, if
needed, will be made to the Winter II
2013 allocation and published in the
Federal Register. Table 5 contains the
quota period allocations for the 2013
commercial scup fishery.
TABLE 5—COMMERCIAL SCUP QUOTA ALLOCATIONS FOR 2013 BY QUOTA PERIOD
Initial Quota
Quota Period
Percent
Share
lb
Initial Quota less Overages
(through 10/31/2012)
mt
lb
Adjusted Quota less Overages and RSA
mt
lb
Federal Possession Limits
(Per Trip)
mt
lb
mt
Winter I .....
Summer ....
Winter II ....
45.11
38.95
15.94
10,940,583
9,446,591
3,865,948
4,963
4,285
1,754
N/A
N/A
N/A
N/A
N/A
N/A
10,613,157
9,163,877
3,750,249
4,814
4,156
1,701
50,000
N/A
2,000
22,680
N/A
907
Total ..
100.0
24,253,122
11,001
N/A
N/A
23,527,283
10,671
N/A
N/A
Notes: The Winter I possession limit will drop to 1,000 lb (454 kg) upon attainment of 80 percent of that period’s allocation. The Winter II possession limit may be adjusted (in association with a transfer of unused Winter I quota to the Winter II period) via notification in the FEDERAL REGISTER.
Metric tons are as converted from pounds and may not necessarily total due to rounding.
N/A=Not applicable.
Table 6 presents the allocations for
2014, by period, with and without the
commercial portion of the RSA
deduction. These period allocations for
2014 are preliminary and are subject to
change if there are overages in the 2013
fishing year, as well as any adjustments
needed after the 2013 RSA projects are
awarded. Any commercial quota
adjustments from 2013 will be
announced in a Federal Register notice
prior to the start of the 2014 fishing
year.
TABLE 6—PRELIMINARY COMMERCIAL SCUP QUOTA ALLOCATIONS FOR 2014 BY QUOTA PERIOD
Initial Quota
Quota Period
Percent
Share
lb
Initial Quota less Overages
(through 10/31/2012)
mt
lb
Adjusted Quota less Overages and RSA
mt
lb
Federal Possession Limits
(Per Trip)
mt
lb
mt
Winter I .....
Summer ....
Winter II ....
45.11
38.95
15.94
10,206,495
8,812,746
3,606,551
4,630
3,997
1,636
N/A
N/A
N/A
N/A
N/A
N/A
9,900,300
8,548,364
3,498,355
4,491
3,877
1,587
50,000
N/A
2,000
22,680
N/A
907
Total ..
100.0
22,625,792
10,263
N/A
N/A
21,947,018
9,955
N/A
N/A
Notes: The Winter I possession limit will drop to 1,000 lb (454 kg) upon attainment of 80 percent of that period’s allocation. The Winter II possession limit may be adjusted (in association with a transfer of unused Winter I quota to the Winter II period) via notification in the FEDERAL REGISTER.
Metric tons are as converted from pounds and may not necessarily add due to rounding.
N/A=Not applicable.
Consistent with the unused Winter I
commercial scup quota rollover
provisions at § 648.120(a)(3), this final
rule maintains the Winter II possession
limit-to-rollover amount ratios that have
been in place since the 2007 fishing
year, as shown in Table 7. The Winter
II possession limit will increase by
1,500 lb (680 kg) for each 500,000 lb
(227 mt) of unused Winter I period
quota transferred, up to a maximum
possession limit of 8,000 lb (3,629 kg).
TABLE 7—POTENTIAL INCREASE IN WINTER II POSSESSION LIMITS BASED ON THE AMOUNT OF SCUP ROLLED OVER FROM
WINTER I TO WINTER II PERIOD
Initial winter II possession limit
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Rollover from winter I to winter II
kg
2,000
2,000
2,000
2,000
2,000
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907
907
907
907
01:38 Dec 29, 2012
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0–499,999
500,000–999,999
1,000,000–1,499,999
1,500,000–1,999,999
2,000,000–2,500,000
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after rollover from winter I to winter II
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0
680
1,361
2,041
2,722
31DER1
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5,000
6,500
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1,588
2,268
2,948
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Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations
Black Sea Bass
The SSC rejected the OFL estimate
provided from the most recent black sea
bass stock assessment, stating that it was
highly uncertain and not sufficiently
reliable to use as the basis for
management advice. Therefore, the 2013
ABC for black sea bass is the status quo
ABC of 4.50 million lb (2,041 mt), and
the 2013 ACTs (both commercial and
recreational) are equal to the respective
ACLs.
The 2013 black sea bass commercial
ACL and ACT is 2.13 million lb (966
mt), and the recreational ACL and ACT
is 2.37 million lb (1,075 mt). After
removing discards and RSA of 111,900
lb (50.8 mt), the commercial quota is
1.78 million lb (805 mt) and the RHL is
1.85 million lb (838 mt). While the ABC
is the same as 2012, the ACLs/ACTs and
quotas are different from 2012 because
the updated discard estimate is higher
than the previous year. Recent data
indicate that the 2012 recreational black
sea bass ACL has been exceeded by a
significant amount. The regulations
require that we deduct the amount of
landings that exceeded the RHL from a
single subsequent year’s ACT as soon as
possible. However, NMFS has
determined that because the data are
preliminary and will not be finalized
until April 2013, any deduction
necessary to account for the overage will
be applied to the fishing year 2014 RHL.
Consistent with the quota-setting
procedures for the FMP, commercial
black sea bass overages are determined
based upon landings for the period
January-October 2012, plus any
previously unaccounted for landings.
Table 8 details the specifications for the
black sea bass fishery.
TABLE 8—BLACK SEA BASS 2013 SPECIFICATIONS
Year
2012 ...............................
ebenthall on DSK5TPTVN1PROD with
2013 ...............................
million lb .......
mt .................
million lb .......
mt .................
01:38 Dec 29, 2012
Jkt 229001
Recreational
ACL
Comm. ACT
1.98
898
2.13
966
2.52
1,143
2.37
1,075
1.98
898
2.13
966
4.50
2,041
4.50
2,041
Comments and Responses
NMFS received three comments
during the 15-day comment period for
the November 16, 2012, proposed rule
(77 FR 68723).
Comment 1: One commenter
suggested that the quotas should be
reduced by 50 percent, that RSA was
unnecessary, and that the summer
flounder stock is not actually rebuilt.
Response: NMFS disagrees. In
accordance with the Magnuson-Stevens
Act, the quotas established through this
final rule and the 2011 determination
that summer flounder has been rebuilt
are based on the best available science.
The quotas were recommended by the
Council’s SSC, and the summer
flounder stock assessment underwent a
rigorous peer review through the
Northeast Fisheries Science Center’s
Stock Assessment Workshop review
process. The RSA program continues to
provide a mechanism to fund research
and compensate vessel owners through
the sale of fish harvested under the
research quota. This program provides
valuable scientific information and
fosters cooperative research throughout
the Northeast Region.
Comment 2: One comment addressed
the 2012 in-season ‘‘emergency’’ closure
of the recreational black sea bass
fishery. The commenter was concerned
that the recreational industry would not
be able to economically ‘‘wait a few
years’’ to access more of the black sea
bass stock.
Response: The 2012 in-season closure
of the recreational black sea bass fishery
was a non-discretionary requirement of
the black sea bass regulations, and was
VerDate Mar<15>2010
Commercial
ACL
ABC
not an emergency rule. The recreational
measures for 2013 will be published in
a subsequent rule in late spring 2013.
The RHL established through this rule is
based on the best available science,
consistent with the recommendation of
the Council’s SSC.
Comment 3: Another commenter
expressed concern about the number of
people affected by the 2012 in-season
closure of the recreational black sea bass
fishery.
Response: The 2012 in-season closure
of the recreational black sea bass fishery
was a non-discretionary requirement of
the black sea bass regulations, and the
closure at issue in the comment will
expire before this final rule is effective.
The recreational measures for 2013 will
be published in a subsequent rule in late
spring 2013. The RHL established
through this rule is based on the best
available science, consistent with the
recommendation of the Council’s SSC.
NMFS understands that the 2012 inseason closure may have impacted the
recreational fishery, but, as noted,
NMFS had no discretion but to close the
fishery in order to protect both the black
sea bass species as well as preserve the
fishery for future harvests.
Changes from the Proposed to Final
Specifications Rule
Other than to specify the final
summer flounder state allocations after
accounting for prior overages and the
RSA allocation, no other changes were
made from the proposed rule.
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Sfmt 4700
Rec. ACT
1.86
844
2.37
1075
Comm.
Quota
1.71
774
1.78
805
RHL
1.32
598
1.85
838
Classification
The Administrator, Northeast Region,
NMFS, determined that this final rule is
necessary for the conservation and
management of the summer flounder,
scup, and black sea bass fisheries and
that it is consistent with the MagnusonStevens Act and other applicable laws.
The Assistant Administrator for
Fisheries, NOAA, finds good cause
under 5 U.S.C. 553(d)(3) to waive the
30-day delay of effectiveness period for
this rule, to ensure that the final
specifications are in place on January 1,
2013. This action establishes
specifications (i.e., annual quotas) for
the summer flounder, scup, and black
sea bass fisheries.
This rule is being issued at the earliest
possible date. Preparation of the
proposed rule was dependent on the
submission of the EA/IRFA in support
of the specifications that is developed
by the Council. This document was
received by NMFS in early October
2012. Documentation in support of the
Council’s recommended specifications
is required for NMFS to provide the
public with information from the
environmental and economic analyses
as required in rulemaking. The
proposed rule published on November
16, 2012, with a comment period ending
December 3, 2012. Publication of the
adjusted summer flounder quota at the
start of the fishing year that begins
January 1, 2013, is required by the order
of Judge Robert Doumar in North
Carolina Fisheries Association v. Daley.
However, if the 30-day delay in
effectiveness is not waived, there will be
no quota specifications for the affected
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Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations
fisheries on January 1, 2013, which
would significantly confuse the public
and the complex cooperative
management regime governing these
fisheries. The summer flounder, scup,
and black sea bass fisheries are all
expected, based on historic
participation and harvest patterns, to be
very active at the start of the fishing
season in 2013. Without these
specifications in place on January 1,
2013, individual states will be unable to
set commercial possession and/or trip
limits, which apportion the catch over
the entirety of the calendar year. NMFS
will be unable to control harvest in any
way, as there will be no quotas in place
for any of the three species until the
regulations are effective. NMFS will be
unable to control harvest or close the
fishery, should landings exceed the
quotas. Moreover, the Delaware summer
flounder fishery would be open for
fishing, but in a negative quota
situation. All of these factors would
result in a race for fish, wherein
uncontrolled landings could occur.
Disproportionately large harvest
occurring within the first weeks of 2013
could have distributional effects on
other quota periods, and would
disadvantage some gear sectors or
owners and operators of smaller vessels
that typically fish later in the fishing
season. There is no historic precedent
by which to gauge the magnitude of
harvest that might occur, should quotas
for these three species not be in place
during the first weeks of 2013. It is
reasonable to conclude that the
commercial fishing fleet possesses
sufficient capacity to exceed the
established quotas for these three
species before the regulations would
become effective, should quotas not be
in place on January 1, 2013. Should this
occur, the fishing mortality objectives
for all three species could be
compromised.
For these reasons, the 30-day delay in
effectiveness is contrary to the public
interest, and NMFS is waiving the
requirement.
These specifications are exempt from
the procedures of E.O. 12866 because
this action contains no implementing
regulations.
This final rule does not duplicate,
conflict, or overlap with any existing
Federal rules.
A FRFA was prepared pursuant to 5
U.S.C. 604(a), and incorporates the
IRFA, a summary of the significant
issues raised by the public comments in
response to the IRFA, NMFS’s responses
to those comments, and a summary of
the analyses completed to support the
action. A copy of the EA//IRFA is
VerDate Mar<15>2010
01:38 Dec 29, 2012
Jkt 229001
available from the Council (see
ADDRESSES).
The preamble to the proposed rule
included a detailed summary of the
analyses contained in the IRFA, and that
discussion is not repeated here.
Final Regulatory Flexibility Analysis
Statement of Objective and Need
A description of the reasons why this
action is being taken, and the objectives
of and legal basis for this final rule, is
contained in the preambles to the
proposed rule and this final rule and is
not repeated here.
Summary of Significant Issues Raised in
Public Comments
No changes to the proposed rule were
required to be made as a result of public
comments. None of the comments
received raised specific issues regarding
the economic analyses summarized in
the IRFA or the economic impacts of the
rule more generally. For a summary of
the comments received, and the
responses thereto, refer to the
‘‘Comments and Responses’’ section of
this preamble.
Description and Estimate of Number of
Small Entities to Which the Rule Will
Apply
The categories of small entities likely
to be affected by this action include
commercial and charter/party vessel
owners holding an active Federal
commercial or charter/party permit for
summer flounder, scup, or black sea
bass, as well as owners of vessels that
fish for any of these species in state
waters. Under the Small Business
Administration’s regulations
implementing the Regulatory Flexibility
Act, these vessels are considered ‘‘small
entities’’ if their revenues are less than
$4 million per year. The Council
estimates that the proposed 2013–2014
specifications could affect 2,039 vessels
that held a Federal summer flounder,
scup, and/or black sea bass permit in
2011 (the most recent year of complete
permit data). However, the more
immediate impact of this rule will likely
be realized by the 870 vessels that
actively participated in these fisheries
(i.e., landed these species) in 2011.
Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
No additional reporting,
recordkeeping, or other compliance
requirements are included in this final
rule.
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76949
Description of the Steps Taken to
Minimize Economic Impact on Small
Entities
Specification of commercial quotas
and possession limits is constrained by
the conservation objectives set forth in
the FMP and implemented at 50 CFR
part 648 under the authority of the
Magnuson-Stevens Act. Economic
impacts of changes in year-to-year quota
specifications may be offset by
adjustments to such measures as
commercial fish sizes, changes to mesh
sizes, gear restrictions, or possession
and trip limits that may increase
efficiency or value of the fishery. For
2013 and 2014, no such adjustments
were recommended by the Council;
therefore, this final rule contains no
such measures. Therefore, the economic
impact analysis of the action is
evaluated solely on the different levels
of quota specified in the alternatives.
The ability of NMFS to minimize
economic impacts for this action is
constrained to approving quota levels
that provide the maximum availability
of fish while still ensuring that the
required objectives and directives of the
FMP, its implementing regulations, and
the Magnuson-Stevens Act are met. In
particular, the Council’s SSC has made
recommendations for the 2013–2014
ABC level for all three stocks. NMFS
considers these recommendations to be
consistent with National Standard 2.
Establishing catch levels higher than the
SSC ABC recommendations is not
permitted under the Magnuson-Stevens
Act.
The economic analysis for the 2013–
2014 specification assessed the impacts
for quota alternatives that achieve the
aforementioned objectives. The no
action alternative, wherein no quotas
are established for 2013 or 2014, was
excluded from analysis because it is not
consistent with the goals and objectives
of the FMP and the Magnuson-Stevens
Act. Implementation of the no action
alternative in 2013 or 2014 would
substantially complicate the approved
management programs for these three
species. NMFS is required under the
FMP’s implementing regulations to
implement specifications for these
fisheries on an annual basis, and for up
to 3 years. The no action alternative
would result in no fishing limits for
2013 or 2014, and could result in
overfishing of the resources and
substantially compromise the mortality
and/or stock rebuilding objectives for
each species, contrary to laws and
regulations.
The Council analyzed three sets of
combined catch limit alternatives for the
2013–2014 summer flounder, scup, and
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Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations
ebenthall on DSK5TPTVN1PROD with
black sea bass fisheries. Of these, one
alternative, labeled Alternative 3 for
each species, contained the most
restrictive options (i.e., lowest total
landing levels). While the Alternative 3
measures would achieve the objectives
of the proposed action for each of three
species, they have the highest potential
adverse economic impacts on small
entities in the form of potential foregone
fishing opportunities. Alternative 3 was
not preferred by the Council because the
other alternatives considered are
expected have lower adverse impacts on
small entities while achieving the stated
objectives of sustaining the summer
flounder, scup, and black sea bass
stocks, consistent with the FMP and
Magnuson-Stevens Act.
Through this final rule, NMFS
implements the Council’s preferred
ABCs in 2013 for summer flounder
(22.34 million lb (10,133 mt)), scup
(38.71 million lb (17,577 mt)), and black
sea bass (4.5 million lb (2,041 mt)). This
final rule also implements the following
ABCs for 2014: Summer flounder, 22.24
million lb (10,088 mt); and scup, 35.99
million lb (16,325 mt). This alternative
consists of the quota levels that pair the
lowest economic impacts to small
entities and meet the required objectives
of the FMP and the Magnuson-Stevens
Act. The respective specifications
contained in this final rule for all three
species were selected because they
satisfy NMFS’ obligation to implement
specifications that are consistent with
the goals, objectives, and requirements
of the FMP, its implementing
regulations, and the Magnuson-Stevens
Act. The F rates associated with the
catch limits for all three species all have
very low likelihoods of causing
overfishing to occur in 2013.
The revenue decreases associated
with allocating a portion of available
catch to the RSA program are expected
to be minimal (approximately between
$300 and $1,000 per vessel), and are
expected to yield important benefits
associated with improved fisheries data.
It should also be noted that fish
harvested under the RSA program can
be sold, and the profits used to offset the
costs of research. As such, total gross
revenues to the industry are not
expected to decrease substantially, if at
all, as a result of this final rule
authorizing RSA for 2013 and 2014.
Small Entity Compliance Guide
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that, for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
VerDate Mar<15>2010
01:38 Dec 29, 2012
Jkt 229001
the rule, and shall designate such
publications as ‘‘small entity
compliance guides.’’ The agency shall
explain the actions a small entity is
required to take to comply with a rule
or group of rules. As part of this
rulemaking process, a small entity
compliance guide will be sent to all
holders of Federal permits issued for the
summer flounder, scup, and black sea
bass fisheries. In addition, copies of this
final rule and guide (i.e., permit holder
letter) are available from NMFS (see
ADDRESSES) and at the following Web
site: https://www.nero.noaa.gov.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 26, 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.
[FR Doc. 2012–31424 Filed 12–28–12; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 111220786–2728–03]
RIN 0648–XA795
Fisheries of the Northeastern United
States; Summer Flounder, Scup, and
Black Sea Bass Fisheries; 2012
Summer Flounder, Scup, and Black
Sea Bass Specifications; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule, correction.
AGENCY:
On April 23, 2012, NMFS
published in the Federal Register the
final rule to implement the 2012
summer flounder, scup, and black sea
bass specifications, which established
commercial summer flounder
allocations for each coastal state from
North Carolina to Maine, and the
summer flounder recreational harvest
limit. Following publication, an error
was identified in the commercial
summer flounder quota and recreational
harvest limit. This rule corrects that
error.
DATES: Effective December 26, 2012,
through December 31, 2012.
FOR FURTHER INFORMATION CONTACT:
Carly Bari, Fisheries Management
Specialist, (978) 281–9224,
carly.bari@noaa.gov.
SUMMARY:
PO 00000
Frm 00142
Fmt 4700
Sfmt 4700
SUPPLEMENTARY INFORMATION:
Background
NMFS publishes this rule to correct
an error in the commercial summer
flounder quota and recreational harvest
limit, which was implemented in the
April 23, 2012 final rule on the 2012
summer flounder, scup, and black sea
bass specifications. Regulations for the
summer flounder fishery are found at 50
CFR part 648. The regulations require
annual specification of a commercial
quota that is apportioned among the
coastal states from North Carolina
through Maine and a coastwide
recreational harvest limit. The process
to set the annual commercial quota and
the percent allocated to each state are
described in § 648.102.
Need for Correction
The final rule implementing 2012
summer flounder, scup, and black sea
bass specifications published on April
23, 2012 (77 FR 24151). An error was
found in the summer flounder
commercial quota and recreational
harvest limit. The 3-percent research
set-aside (RSA) was mistakenly
deducted twice from the quotas. The
revised 2012 summer flounder
commercial quota, less RSA, is
13,136,000 lb (5,958,490 kg), and the
revised 2012 summer flounder
recreational harvest limit, less RSA, is
8,758,000 lb (3,972,629 kg). Table 1
presents the allocations of summer
flounder by state with the corrected
commercial quota including RSA,
overages, and transfers through
December 11, 2012.
Classification
Pursuant to 5 U.S.C. 553(b)(B), the
Assistant Administrator for Fisheries,
NOAA, finds good cause to waive prior
notice and opportunity for additional
public comment for this action because
this would be impracticable and
contrary to the public interest. The
interim final rule for the 2012 summer
flounder, scup, and black sea bass
specification already took comment on
the initial summer flounder quota with
the understanding that overage
adjustments would be made. This action
is correcting an error found in the
specifications regarding the summer
flounder commercial quota and
recreational harvest limit. In the April
23, 2012 rule, the 3-percent research setaside (RSA) was mistakenly deducted
twice from the quotas. Thus, this rule
corrects this error by increasing the
summer flounder commercial and
recreational quotas by 3-percent.
Delaying the implementation of this
action to allow for prior notice and
E:\FR\FM\31DER1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Rules and Regulations]
[Pages 76942-76950]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31424]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 121009528-2729-02]
RIN 0648-XC287
2013-2014 Summer Flounder and Scup Specifications; 2013 Black Sea
Bass Specifications; Preliminary 2013 Quota Adjustments; 2013 Summer
Flounder Quota for Delaware
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues final specifications for the 2013 summer flounder,
scup, and black sea bass fisheries, as well as the 2014 summer flounder
and scup fisheries. This final rule specifies allowed harvest limits
for both commercial and recreational fisheries. This action prohibits
federally permitted commercial fishing vessels from landing summer
flounder in Delaware in 2013 due to continued quota repayment from
previous years' overages.
These actions are necessary to comply with regulations implementing
the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan,
as well as to ensure compliance with the Magnuson-Stevens Fishery
Conservation and Management Act.
The intent of this action is to establish harvest levels and other
management measures to ensure that these species are not overfished or
subject to overfishing in 2013 and 2014.
DATES: Effective January 1, 2013, through December 31, 2014.
ADDRESSES: Copies of the specifications document, consisting of an
Environmental Assessment (EA), Initial Regulatory Flexibility Analysis
(IRFA), and other supporting documents used by the Summer Flounder,
Scup, and Black Sea Bass Monitoring Committees and Scientific and
Statistical Committee (SSC), are available from Dr. Christopher Moore,
Executive Director, Mid-Atlantic Fishery Management Council, Suite 201,
800 North State Street, Dover, DE 19901. The specifications document is
also accessible via the Internet at https://www.nero.noaa.gov. The Final
Regulatory Flexibility Analysis (FRFA) consists of the IRFA, public
comments and responses contained in this final rule, and the summary of
impacts and
[[Page 76943]]
alternatives contained in this final rule. Copies of the small entity
compliance guide are available from John K. Bullard, Regional
Administrator, Northeast Region, National Marine Fisheries Service, 55
Great Republic Drive, Gloucester, MA 01930-2298.
FOR FURTHER INFORMATION CONTACT: Carly Bari, Fishery Management
Specialist, (978) 281-9224.
SUPPLEMENTARY INFORMATION:
Background
The Mid-Atlantic Fishery Management Council (Council) and the
Atlantic States Marine Fisheries Commission (Commission) cooperatively
manage the summer flounder, scup, and black sea bass fisheries under
the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan
(FMP). Fishery specifications in these fisheries include various catch
and landing subdivisions, such as the commercial and recreational
sector annual catch limits (ACLs), annual catch targets (ACTs), sector-
specific landing limits (i.e., the commercial fishery quota and
recreational harvest limit (RHL)), and research set-aside (RSA)
established for the upcoming fishing year. Details of each subdivision
appear later in this rule.
The FMP and its implementing regulations establish the Council's
process for establishing specifications. All requirements of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), including the 10 national standards, also apply to
specifications.
The management units specified in the FMP include summer flounder
(Paralichthys dentatus) in U.S. waters of the Atlantic Ocean from the
southern border of North Carolina northward to the U.S./Canada border,
scup (Stenotomus chrysops), and black sea bass (Centropristis striata)
in U.S. waters of the Atlantic Ocean from 35[deg] 13.3' N. lat. (the
latitude of Cape Hatteras Lighthouse, Buxton, NC) northward to the
U.S./Canada border. Detailed background information regarding the
status of the summer flounder, scup, and black sea bass stocks and the
development of the 2013 and 2014 specifications for these fisheries was
provided in the proposed specifications (77 FR 68723; November 16,
2012). That information is not repeated here.
NMFS will establish the 2013 recreational management measures
(i.e., minimum fish size, possession limits, and fishing seasons) for
summer flounder, scup, and black sea bass by publishing proposed and
final rules in the Federal Register at a later date, after the Council
concludes its deliberations and submits its recommendations as
specified in the FMP.
2013 and 2014 Specifications
This final rule implements TAL, RSA, and RHL for each management
unit for 2013 and 2014, consistent with the recommendations of the
Council:
Summer Flounder: For 2013, a TAL of 19.07 million lb (8,650 mt),
including RSA of 589,800 lb (267 mt); a commercial quota of 11.44
million lb (5,189 mt); and an RHL of 7.63 million lb (3,459 mt). For
2014, a TAL of 19.98 million lb (8,609 mt), including proposed RSA of
587,100 lb (266 mt); a commercial quota of 11.39 million lb (5,166 mt);
and an RHL of 7.59 million lb (3,444 mt).
Scup: For 2013, a TAL of 31.08 million lb (14,098 mt), including
RSA of 958,950 lb (435 mt); a commercial quota of 23.53 million lb
(10,671 mt); and an RHL of 7.55 million lb (3,425 mt). For 2014, a TAL
of 28.98 million lb (13,145 mt), including proposed RSA of 896,100 lb
(406 mt); a commercial quota of 21.95 million lb (9,955 mt); and an RHL
of 7.03 million lb (3,188 mt).
Black Sea Bass: For 2013, a TAL of 3.63 million lb (1,646 mt),
including RSA of 111,900 lb (50.8 mt); a commercial quota of 1.78
million lb (805 mt); and an RHL of 1.85 million lb (838 mt).
Table 1--Summary of the 2013-2014 Specifications
--------------------------------------------------------------------------------------------------------------------------------------------------------
Summer Flounder Scup Black Sea Bass
-------------------------------------------------------------------------------
2013 2014 2013 2014 2013
--------------------------------------------------------------------------------------------------------------------------------------------------------
ABC...................................... million lb................... 22.34 22.24 38.71 35.99 4.50
mt........................... 10,133 10,088 17,557 16,325 2,041
Commercial ACL........................... million lb................... 12.11 12.05 30.19 28.07 2.13
mt........................... 5,491 5,467 13,694 12734 966
Recreational ACL......................... million lb................... 10.23 10.19 8.52 7.92 2.37
mt........................... 4,642 4,621 3,863 3,592 1,075
Commercial ACT........................... million lb................... 12.11 12.05 30.19 28.07 2.13
mt........................... 5,491 5,467 13,694 12734 966
Recreational ACT......................... million lb................... 10.23 10.19 8.52 7.92 2.37
mt........................... 4,642 4,621 3,863 3,592 1,075
Commercial Quota......................... million lb................... 11.44 11.39 23.53 21.95 1.78
mt........................... 5,189 5,166 10,671 9,955 805
RHL...................................... million lb................... 7.63 7.59 7.55 7.03 1.85
mt........................... 3,459 3,444 3,425 3,188 838
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Commercial Quotas and RHLs include the 3-percent RSA reduction.
Additional detail for each species' specifications is provided, as
follows.
Summer Flounder
The summer flounder stock was declared rebuilt in 2011. The stock
assessment update utilized to derive specification recommendations
determined that summer flounder are not overfished and that overfishing
did not occur in 2011, the most recent year of available data. This
stock assessment update did, however, indicate that biomass is
currently lower than in recent years. As a result, the catch limits for
2013 and 2014 are slightly lower than in 2012.
The overfishing limit (OFL) for summer flounder for 2013 was
estimated to be 29.81 million lb (13,523 mt). Based on this
information, the 2013 ABC for summer flounder is 22.34 million lb
(10,133 mt), and, using a strategy of a constant fishing mortality
rate, that the 2014 ABC for summer flounder is 22.24 million lb (10,088
mt).
[[Page 76944]]
Consistent with the summer flounder regulations, the sum of the
recreational and commercial sector ACLs is equal to the ABC. ACL is an
expression of total catch (i.e., landings and dead discarded fish) in
each sector. To derive the ACLs, the sum of the sector-specific
estimated discards is removed from the ABC to derive the landing
allowance. The resulting landing allowance is apportioned to the
commercial and recreational sectors by applying the FMP allocation
criteria: 60 percent to the commercial fishery and 40 percent to the
recreational fishery. Although the derived ACLs are not split exactly
at 60/40, the landing portions of the ACLs preserve the 60/40
allocation split, consistent with the FMP. This process results in a
commercial ACL for summer flounder of 12.11 million lb (5,491 mt) for
2013, and 12.05 million lb (5,467 mt) for 2014. The recreational ACLs
are 10.23 million lb (4,642 mt) for 2013 and 10.19 million lb (4,621
mt) for 2014.
Consistent with the quota-setting procedures for the FMP, summer
flounder overages are determined based upon landings for the period
January-October 2012, plus any previously unaccounted for overages.
Table 2 summarizes, for each state, the commercial summer flounder
percent shares as outlined in Sec. 600.100(d)(1)(I), the resultant
2013 commercial quotas (both initial and after deducting the RSA), the
quota overages as described above, and the final adjusted 2013
commercial quotas, after deducting the RSA.
[[Page 76945]]
[GRAPHIC] [TIFF OMITTED] TR31DE12.001
Table 3 presents the initial allocations of summer flounder for
2014, by state, with and without the commercial portion of the RSA
deduction. These state quota allocations for 2014 are preliminary and
are subject to change if
[[Page 76946]]
there are overages of states' quotas carried over from a previous
fishing year, as well as any adjustments needed after the 2014 RSA
projects are awarded. The final commercial quota allocations will be
announced in a Federal Register notice prior to the start of the 2014
fishing year.
Table 3--2014 Preliminary Summer Flounder State Commercial Quotas
----------------------------------------------------------------------------------------------------------------
Initial Commercial Quota Commercial Quota less RSA \1\
State Percent Share ---------------------------------------------------------------
lb kg \2\ lb kg \2\
----------------------------------------------------------------------------------------------------------------
ME.............................. 0.04756 5,579 2,533 5,417 2,457
NH.............................. 0.00046 54 24 52 24
MA.............................. 6.82046 800,091 363,242 776,788 352,345
RI.............................. 15.68298 1,839,732 835,240 1,786,147 810,183
CT.............................. 2.25708 264,772 120,207 257,061 116,601
NY.............................. 7.64699 897,050 407,261 870,922 395,044
NJ.............................. 16.72499 1,961,967 890,735 1,904,823 864,013
DE.............................. 0.01779 2,087 947 2,026 919
MD.............................. 2.03910 239,202 108,598 232,235 105,340
VA.............................. 21.31676 2,500,616 1,135,282 2,427,783 1,101,224
NC.............................. 27.44584 3,219,604 1,461,703 3,125,829 1,417,852
-------------------------------------------------------------------------------
Total \3\................... 100.00001 11,730,754 5,326,000 11,389,082 5,166,000
----------------------------------------------------------------------------------------------------------------
\1\ Preliminary Research Set-Aside amount is 587,100 lb (266 mt).
\2\ Kilograms are as converted from pounds and do not sum to the converted total due to rounding.
\3\ Rounding of quotas results in totals exceeding 100 percent.
Delaware Summer Flounder Closure
Table 2 shows that, for Delaware, the amount of overharvest from
previous years is greater than the amount of commercial quota allocated
to Delaware for 2013. As a result, there is no quota available for 2013
in Delaware. The regulations at Sec. 648.4(b) provide that Federal
permit holders, as a condition of their permit, must not land summer
flounder in any state that the Administrator, Northeast Region, NMFS,
has determined no longer has commercial quota available for harvest.
Therefore, effective January 1, 2013, landings of summer flounder in
Delaware by vessels holding commercial Federal summer flounder permits
are prohibited for the 2013 calendar year, unless additional quota
becomes available through a quota transfer and is announced in the
Federal Register. Federally permitted dealers are advised that they may
not purchase summer flounder from federally permitted vessels that land
in Delaware for the 2013 calendar year, unless additional quota becomes
available through a transfer, as mentioned above.
Scup
The OFL for scup is 47.80 million lb (21,680 mt). Using the
appropriate control rule and applying the Council's risk policy, the
ABC for scup is 38.71 million lb (17,557 mt) for 2013, and, using a
constant fishing mortality rate of 0.142, the 2014 ABC is 35.99 million
lb (16,325 mt). Similar to summer flounder, the stock assessment update
upon which the specifications are based indicates that scup biomass is
currently lower than in recent years. Therefore, the 2013 and 2014
catch limits are slightly lower than in 2012, but are still relatively
high compared to recent landings.
The scup management measures specify that the ABC is equal to the
sum of the commercial and recreational sector ACLs. The ACTs (both
commercial and recreational) are equal to the respective ACL for 2013-
2014. Therefore, commercial sector ACLs/ACTs are 30.19 million lb
(13,694 mt) for 2013, and 28.07 million lb (12,734 mt) for 2014. The
recreational sector ACLs/ACTs are 8.52 million lb (3,863 mt) and 7.92
million lb (3,592 mt) for 2013 and 2014, respectively.
After deducting 958,950 lb (435 mt) from the ACL for 2013 RSA, the
scup commercial quota is reduced to 23.53 million lb (10,671 mt), with
an RHL of 7.55 million lb (3,425 mt). Using the preliminary 2014 RSA
amount of 3 percent, the scup commercial for 2014 is 21.95 million lb
(9,955 mt), and the RHLs is 7.03 million lb (3,188 mt). The quota
allocations for 2014 are preliminary and are subject to reductions if
there are overages that occur in the 2013 fishing year, as well as any
adjustments needed after the 2014 RSA projects are awarded. Any
necessary quota adjustments will be included in a Federal Register
notice prior to the start of the 2014 fishing year.
Table 4--Scup Specifications
--------------------------------------------------------------------------------------------------------------------------------------------------------
Commercial Recreational
Year ABC ACL ACL Comm. ACT Rec. ACT Comm. Quota RHL
--------------------------------------------------------------------------------------------------------------------------------------------------------
2012............................... million lb............. 40.88 31.89 8.99 31.89 8.99 27.91 8.45
mt..................... 18,543 14,464 4,079 14,464 4,079 12,659 3,831
2013............................... million lb............. 38.71 30.19 8.52 30.19 8.52 23.53 7.55
mt..................... 16,325 13,694 3,863 13,694 3,863 10,671 3,425
2014............................... million lb............. 35.99 28.07 7.92 28.07 7.92 21.95 7.03
mt..................... 16,325 12,734 3,592 12,734 3,592 9,955 3,188
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Commercial Quotas and RHLs include the 3-percent RSA reduction
The scup commercial quota is divided into three commercial fishery
quota periods. Consistent with the quota setting procedures established
for the FMP, scup overages are determined based upon landings for the
Winter I
[[Page 76947]]
and Summer 2012 periods, plus any previously unaccounted for overages.
There are no previous commercial overages applicable to the 2013 scup
commercial quota; therefore, no adjustment to the 2013 scup
specifications is required in this final rule. Any overage of the 2012
Winter II period will be addressed in July 2013, prior to the start of
the 2013 Winter II fishery. The period quotas, after deducting for RSA,
are detailed in Tables 5 and 6. Unused Winter I quota may be carried
over for use in the Winter II period.
Per the quota accounting procedures in the FMP, after June 30,
2013, NMFS will compile all available landings data for the 2012 Winter
II quota period and compare the landings to the 2012 Winter II quota
period allocation, inclusive of any transfer from the 2012 Winter I
quota period. Any overages will be determined, and deductions, if
needed, will be made to the Winter II 2013 allocation and published in
the Federal Register. Table 5 contains the quota period allocations for
the 2013 commercial scup fishery.
Table 5--Commercial scup quota allocations for 2013 by quota period
--------------------------------------------------------------------------------------------------------------------------------------------------------
Initial Quota Initial Quota less Adjusted Quota less Federal Possession
-------------------------- Overages (through 10/31/ Overages and RSA Limits (Per Trip)
Quota Period Percent 2012) ---------------------------------------------------
Share lb mt --------------------------
lb mt lb mt lb mt
--------------------------------------------------------------------------------------------------------------------------------------------------------
Winter I........................... 45.11 10,940,583 4,963 N/A N/A 10,613,157 4,814 50,000 22,680
Summer............................. 38.95 9,446,591 4,285 N/A N/A 9,163,877 4,156 N/A N/A
Winter II.......................... 15.94 3,865,948 1,754 N/A N/A 3,750,249 1,701 2,000 907
--------------------------------------------------------------------------------------------------------------------
Total.......................... 100.0 24,253,122 11,001 N/A N/A 23,527,283 10,671 N/A N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: The Winter I possession limit will drop to 1,000 lb (454 kg) upon attainment of 80 percent of that period's allocation. The Winter II possession
limit may be adjusted (in association with a transfer of unused Winter I quota to the Winter II period) via notification in the Federal Register.
Metric tons are as converted from pounds and may not necessarily total due to rounding.
N/A=Not applicable.
Table 6 presents the allocations for 2014, by period, with and
without the commercial portion of the RSA deduction. These period
allocations for 2014 are preliminary and are subject to change if there
are overages in the 2013 fishing year, as well as any adjustments
needed after the 2013 RSA projects are awarded. Any commercial quota
adjustments from 2013 will be announced in a Federal Register notice
prior to the start of the 2014 fishing year.
Table 6--Preliminary commercial scup quota allocations for 2014 by quota period
--------------------------------------------------------------------------------------------------------------------------------------------------------
Initial Quota Initial Quota less Adjusted Quota less Federal Possession
-------------------------- Overages (through 10/31/ Overages and RSA Limits (Per Trip)
Quota Period Percent 2012) ---------------------------------------------------
Share lb mt --------------------------
lb mt lb mt lb mt
--------------------------------------------------------------------------------------------------------------------------------------------------------
Winter I........................... 45.11 10,206,495 4,630 N/A N/A 9,900,300 4,491 50,000 22,680
Summer............................. 38.95 8,812,746 3,997 N/A N/A 8,548,364 3,877 N/A N/A
Winter II.......................... 15.94 3,606,551 1,636 N/A N/A 3,498,355 1,587 2,000 907
--------------------------------------------------------------------------------------------------------------------
Total.......................... 100.0 22,625,792 10,263 N/A N/A 21,947,018 9,955 N/A N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: The Winter I possession limit will drop to 1,000 lb (454 kg) upon attainment of 80 percent of that period's allocation. The Winter II possession
limit may be adjusted (in association with a transfer of unused Winter I quota to the Winter II period) via notification in the Federal Register.
Metric tons are as converted from pounds and may not necessarily add due to rounding.
N/A=Not applicable.
Consistent with the unused Winter I commercial scup quota rollover
provisions at Sec. 648.120(a)(3), this final rule maintains the Winter
II possession limit-to-rollover amount ratios that have been in place
since the 2007 fishing year, as shown in Table 7. The Winter II
possession limit will increase by 1,500 lb (680 kg) for each 500,000 lb
(227 mt) of unused Winter I period quota transferred, up to a maximum
possession limit of 8,000 lb (3,629 kg).
Table 7--Potential increase in Winter II possession limits based on the amount of scup rolled over from Winter I to Winter II period
--------------------------------------------------------------------------------------------------------------------------------------------------------
Initial winter II possession limit Rollover from winter I to winter II Increase in initial winter II Final winter II possession limit
----------------------------------------------------------------------------------- possession limit after rollover from winter I to
------------------------------------ winter II
lb kg lb mt ---------------------------------
lb kg lb kg
--------------------------------------------------------------------------------------------------------------------------------------------------------
2,000 907 0-499,999 0-227 0 0 2,000 907
2,000 907 500,000-999,999 227-454 1,500 680 3,500 1,588
2,000 907 1,000,000-1,499,999 454-680 3,000 1,361 5,000 2,268
2,000 907 1,500,000-1,999,999 680-907 4,500 2,041 6,500 2,948
2,000 907 2,000,000-2,500,000 907-1,134 6,000 2,722 8,000 3,629
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 76948]]
Black Sea Bass
The SSC rejected the OFL estimate provided from the most recent
black sea bass stock assessment, stating that it was highly uncertain
and not sufficiently reliable to use as the basis for management
advice. Therefore, the 2013 ABC for black sea bass is the status quo
ABC of 4.50 million lb (2,041 mt), and the 2013 ACTs (both commercial
and recreational) are equal to the respective ACLs.
The 2013 black sea bass commercial ACL and ACT is 2.13 million lb
(966 mt), and the recreational ACL and ACT is 2.37 million lb (1,075
mt). After removing discards and RSA of 111,900 lb (50.8 mt), the
commercial quota is 1.78 million lb (805 mt) and the RHL is 1.85
million lb (838 mt). While the ABC is the same as 2012, the ACLs/ACTs
and quotas are different from 2012 because the updated discard estimate
is higher than the previous year. Recent data indicate that the 2012
recreational black sea bass ACL has been exceeded by a significant
amount. The regulations require that we deduct the amount of landings
that exceeded the RHL from a single subsequent year's ACT as soon as
possible. However, NMFS has determined that because the data are
preliminary and will not be finalized until April 2013, any deduction
necessary to account for the overage will be applied to the fishing
year 2014 RHL.
Consistent with the quota-setting procedures for the FMP,
commercial black sea bass overages are determined based upon landings
for the period January-October 2012, plus any previously unaccounted
for landings. Table 8 details the specifications for the black sea bass
fishery.
Table 8--Black Sea Bass 2013 Specifications
--------------------------------------------------------------------------------------------------------------------------------------------------------
Commercial Recreational
Year ABC ACL ACL Comm. ACT Rec. ACT Comm. Quota RHL
--------------------------------------------------------------------------------------------------------------------------------------------------------
2012............................... million lb............. 4.50 1.98 2.52 1.98 1.86 1.71 1.32
mt..................... 2,041 898 1,143 898 844 774 598
2013............................... million lb............. 4.50 2.13 2.37 2.13 2.37 1.78 1.85
mt..................... 2,041 966 1,075 966 1075 805 838
--------------------------------------------------------------------------------------------------------------------------------------------------------
Comments and Responses
NMFS received three comments during the 15-day comment period for
the November 16, 2012, proposed rule (77 FR 68723).
Comment 1: One commenter suggested that the quotas should be
reduced by 50 percent, that RSA was unnecessary, and that the summer
flounder stock is not actually rebuilt.
Response: NMFS disagrees. In accordance with the Magnuson-Stevens
Act, the quotas established through this final rule and the 2011
determination that summer flounder has been rebuilt are based on the
best available science. The quotas were recommended by the Council's
SSC, and the summer flounder stock assessment underwent a rigorous peer
review through the Northeast Fisheries Science Center's Stock
Assessment Workshop review process. The RSA program continues to
provide a mechanism to fund research and compensate vessel owners
through the sale of fish harvested under the research quota. This
program provides valuable scientific information and fosters
cooperative research throughout the Northeast Region.
Comment 2: One comment addressed the 2012 in-season ``emergency''
closure of the recreational black sea bass fishery. The commenter was
concerned that the recreational industry would not be able to
economically ``wait a few years'' to access more of the black sea bass
stock.
Response: The 2012 in-season closure of the recreational black sea
bass fishery was a non-discretionary requirement of the black sea bass
regulations, and was not an emergency rule. The recreational measures
for 2013 will be published in a subsequent rule in late spring 2013.
The RHL established through this rule is based on the best available
science, consistent with the recommendation of the Council's SSC.
Comment 3: Another commenter expressed concern about the number of
people affected by the 2012 in-season closure of the recreational black
sea bass fishery.
Response: The 2012 in-season closure of the recreational black sea
bass fishery was a non-discretionary requirement of the black sea bass
regulations, and the closure at issue in the comment will expire before
this final rule is effective. The recreational measures for 2013 will
be published in a subsequent rule in late spring 2013. The RHL
established through this rule is based on the best available science,
consistent with the recommendation of the Council's SSC. NMFS
understands that the 2012 in-season closure may have impacted the
recreational fishery, but, as noted, NMFS had no discretion but to
close the fishery in order to protect both the black sea bass species
as well as preserve the fishery for future harvests.
Changes from the Proposed to Final Specifications Rule
Other than to specify the final summer flounder state allocations
after accounting for prior overages and the RSA allocation, no other
changes were made from the proposed rule.
Classification
The Administrator, Northeast Region, NMFS, determined that this
final rule is necessary for the conservation and management of the
summer flounder, scup, and black sea bass fisheries and that it is
consistent with the Magnuson-Stevens Act and other applicable laws.
The Assistant Administrator for Fisheries, NOAA, finds good cause
under 5 U.S.C. 553(d)(3) to waive the 30-day delay of effectiveness
period for this rule, to ensure that the final specifications are in
place on January 1, 2013. This action establishes specifications (i.e.,
annual quotas) for the summer flounder, scup, and black sea bass
fisheries.
This rule is being issued at the earliest possible date.
Preparation of the proposed rule was dependent on the submission of the
EA/IRFA in support of the specifications that is developed by the
Council. This document was received by NMFS in early October 2012.
Documentation in support of the Council's recommended specifications is
required for NMFS to provide the public with information from the
environmental and economic analyses as required in rulemaking. The
proposed rule published on November 16, 2012, with a comment period
ending December 3, 2012. Publication of the adjusted summer flounder
quota at the start of the fishing year that begins January 1, 2013, is
required by the order of Judge Robert Doumar in North Carolina
Fisheries Association v. Daley.
However, if the 30-day delay in effectiveness is not waived, there
will be no quota specifications for the affected
[[Page 76949]]
fisheries on January 1, 2013, which would significantly confuse the
public and the complex cooperative management regime governing these
fisheries. The summer flounder, scup, and black sea bass fisheries are
all expected, based on historic participation and harvest patterns, to
be very active at the start of the fishing season in 2013. Without
these specifications in place on January 1, 2013, individual states
will be unable to set commercial possession and/or trip limits, which
apportion the catch over the entirety of the calendar year. NMFS will
be unable to control harvest in any way, as there will be no quotas in
place for any of the three species until the regulations are effective.
NMFS will be unable to control harvest or close the fishery, should
landings exceed the quotas. Moreover, the Delaware summer flounder
fishery would be open for fishing, but in a negative quota situation.
All of these factors would result in a race for fish, wherein
uncontrolled landings could occur. Disproportionately large harvest
occurring within the first weeks of 2013 could have distributional
effects on other quota periods, and would disadvantage some gear
sectors or owners and operators of smaller vessels that typically fish
later in the fishing season. There is no historic precedent by which to
gauge the magnitude of harvest that might occur, should quotas for
these three species not be in place during the first weeks of 2013. It
is reasonable to conclude that the commercial fishing fleet possesses
sufficient capacity to exceed the established quotas for these three
species before the regulations would become effective, should quotas
not be in place on January 1, 2013. Should this occur, the fishing
mortality objectives for all three species could be compromised.
For these reasons, the 30-day delay in effectiveness is contrary to
the public interest, and NMFS is waiving the requirement.
These specifications are exempt from the procedures of E.O. 12866
because this action contains no implementing regulations.
This final rule does not duplicate, conflict, or overlap with any
existing Federal rules.
A FRFA was prepared pursuant to 5 U.S.C. 604(a), and incorporates
the IRFA, a summary of the significant issues raised by the public
comments in response to the IRFA, NMFS's responses to those comments,
and a summary of the analyses completed to support the action. A copy
of the EA//IRFA is available from the Council (see ADDRESSES).
The preamble to the proposed rule included a detailed summary of
the analyses contained in the IRFA, and that discussion is not repeated
here.
Final Regulatory Flexibility Analysis
Statement of Objective and Need
A description of the reasons why this action is being taken, and
the objectives of and legal basis for this final rule, is contained in
the preambles to the proposed rule and this final rule and is not
repeated here.
Summary of Significant Issues Raised in Public Comments
No changes to the proposed rule were required to be made as a
result of public comments. None of the comments received raised
specific issues regarding the economic analyses summarized in the IRFA
or the economic impacts of the rule more generally. For a summary of
the comments received, and the responses thereto, refer to the
``Comments and Responses'' section of this preamble.
Description and Estimate of Number of Small Entities to Which the Rule
Will Apply
The categories of small entities likely to be affected by this
action include commercial and charter/party vessel owners holding an
active Federal commercial or charter/party permit for summer flounder,
scup, or black sea bass, as well as owners of vessels that fish for any
of these species in state waters. Under the Small Business
Administration's regulations implementing the Regulatory Flexibility
Act, these vessels are considered ``small entities'' if their revenues
are less than $4 million per year. The Council estimates that the
proposed 2013-2014 specifications could affect 2,039 vessels that held
a Federal summer flounder, scup, and/or black sea bass permit in 2011
(the most recent year of complete permit data). However, the more
immediate impact of this rule will likely be realized by the 870
vessels that actively participated in these fisheries (i.e., landed
these species) in 2011.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
No additional reporting, recordkeeping, or other compliance
requirements are included in this final rule.
Description of the Steps Taken to Minimize Economic Impact on Small
Entities
Specification of commercial quotas and possession limits is
constrained by the conservation objectives set forth in the FMP and
implemented at 50 CFR part 648 under the authority of the Magnuson-
Stevens Act. Economic impacts of changes in year-to-year quota
specifications may be offset by adjustments to such measures as
commercial fish sizes, changes to mesh sizes, gear restrictions, or
possession and trip limits that may increase efficiency or value of the
fishery. For 2013 and 2014, no such adjustments were recommended by the
Council; therefore, this final rule contains no such measures.
Therefore, the economic impact analysis of the action is evaluated
solely on the different levels of quota specified in the alternatives.
The ability of NMFS to minimize economic impacts for this action is
constrained to approving quota levels that provide the maximum
availability of fish while still ensuring that the required objectives
and directives of the FMP, its implementing regulations, and the
Magnuson-Stevens Act are met. In particular, the Council's SSC has made
recommendations for the 2013-2014 ABC level for all three stocks. NMFS
considers these recommendations to be consistent with National Standard
2. Establishing catch levels higher than the SSC ABC recommendations is
not permitted under the Magnuson-Stevens Act.
The economic analysis for the 2013-2014 specification assessed the
impacts for quota alternatives that achieve the aforementioned
objectives. The no action alternative, wherein no quotas are
established for 2013 or 2014, was excluded from analysis because it is
not consistent with the goals and objectives of the FMP and the
Magnuson-Stevens Act. Implementation of the no action alternative in
2013 or 2014 would substantially complicate the approved management
programs for these three species. NMFS is required under the FMP's
implementing regulations to implement specifications for these
fisheries on an annual basis, and for up to 3 years. The no action
alternative would result in no fishing limits for 2013 or 2014, and
could result in overfishing of the resources and substantially
compromise the mortality and/or stock rebuilding objectives for each
species, contrary to laws and regulations.
The Council analyzed three sets of combined catch limit
alternatives for the 2013-2014 summer flounder, scup, and
[[Page 76950]]
black sea bass fisheries. Of these, one alternative, labeled
Alternative 3 for each species, contained the most restrictive options
(i.e., lowest total landing levels). While the Alternative 3 measures
would achieve the objectives of the proposed action for each of three
species, they have the highest potential adverse economic impacts on
small entities in the form of potential foregone fishing opportunities.
Alternative 3 was not preferred by the Council because the other
alternatives considered are expected have lower adverse impacts on
small entities while achieving the stated objectives of sustaining the
summer flounder, scup, and black sea bass stocks, consistent with the
FMP and Magnuson-Stevens Act.
Through this final rule, NMFS implements the Council's preferred
ABCs in 2013 for summer flounder (22.34 million lb (10,133 mt)), scup
(38.71 million lb (17,577 mt)), and black sea bass (4.5 million lb
(2,041 mt)). This final rule also implements the following ABCs for
2014: Summer flounder, 22.24 million lb (10,088 mt); and scup, 35.99
million lb (16,325 mt). This alternative consists of the quota levels
that pair the lowest economic impacts to small entities and meet the
required objectives of the FMP and the Magnuson-Stevens Act. The
respective specifications contained in this final rule for all three
species were selected because they satisfy NMFS' obligation to
implement specifications that are consistent with the goals,
objectives, and requirements of the FMP, its implementing regulations,
and the Magnuson-Stevens Act. The F rates associated with the catch
limits for all three species all have very low likelihoods of causing
overfishing to occur in 2013.
The revenue decreases associated with allocating a portion of
available catch to the RSA program are expected to be minimal
(approximately between $300 and $1,000 per vessel), and are expected to
yield important benefits associated with improved fisheries data. It
should also be noted that fish harvested under the RSA program can be
sold, and the profits used to offset the costs of research. As such,
total gross revenues to the industry are not expected to decrease
substantially, if at all, as a result of this final rule authorizing
RSA for 2013 and 2014.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a small entity compliance guide will be sent
to all holders of Federal permits issued for the summer flounder, scup,
and black sea bass fisheries. In addition, copies of this final rule
and guide (i.e., permit holder letter) are available from NMFS (see
ADDRESSES) and at the following Web site: https://www.nero.noaa.gov.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 26, 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.
[FR Doc. 2012-31424 Filed 12-28-12; 8:45 am]
BILLING CODE 3510-22-P
