Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Comprehensive Annual Catch Limit Amendment for the South Atlantic, 82264-82267 [2011-33601]
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Federal Register / Vol. 76, No. 251 / Friday, December 30, 2011 / Proposed Rules
records were kept over the previous
year; this is presumably a less resource
intensive certification for smaller
entities. The FNPRM seeks comment on
whether any of the recordkeeping
requirements should be modified for
entities covered by section 718.
tkelley on DSK3SPTVN1PROD with PROPOSALS
F. Federal Rules That May Duplicate,
Overlap, or Conflict With Proposed
Rules
167. Section 255(e) of the Act, as
amended, directs the United States
Access Board (‘‘Access Board’’) to
develop equipment accessibility
guidelines ‘‘in conjunction with’’ the
Commission, and periodically to review
and update those guidelines. We view
the Access Board’s current guidelines as
well as its draft guidelines as starting
points for our interpretation and
implementation of sections 716 and 717
of the Act, as well as section 255, but
because they do not currently cover
ACS or equipment used to provide or
access ACS, we must necessarily adapt
these guidelines in our comprehensive
implementation scheme. As such, our
rules do not overlap, duplicate, or
conflict with either Access Board Final
Rules, or (if later adopted) the Access
Board Draft Guidelines. Where
obligations under section 255 and
section 716 overlap, for instance for
accessibility requirements for
interconnected VoIP, we clarify in the
Accessibility Report and Order which
rules govern the entities’ obligations.
III. Ordering Clauses
168. It is ordered that, pursuant to the
authority of sections 1–4, 255, 303(r),
403, 503, 716, 717, and 718 of the
Communications Act of 1934, as
amended, 47 U.S.C. 151–154, 255,
303(r), 403, 503, 617, 618, and 619, this
Further Notice of Proposed Rulemaking
is hereby adopted.
169. It is further ordered that pursuant
to applicable procedures set forth in
sections 1.415 and 1.419 of the
Commission’s Rules, 47 CFR 1.415,
1.419, interested parties may file
comments on this Further Notice of
Proposed Rulemaking on or before 45
days after publication of the Further
Notice of Proposed Rulemaking in the
Federal Register and reply comments
on or before 75 days after publication in
the Federal Register.
170. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Further Notice of Proposed
Rulemaking, including the Initial
Regulatory Flexibility Analysis, to the
Chief Counsel for Advocacy of the Small
Business Administration.
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List of Subjects in 47 CFR Part 14
Advanced communications services
equipment, Individuals with
disabilities, Manufacturers of equipment
used for advanced communications
services, Providers of advanced
communications services,
Recordkeeping and enforcement
requirements.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 part
14, as added elsewhere in this issue of
the Federal Register, effective January
30, 2012 as follows:
PART 14—ACCESS TO ADVANCED
COMMUNICATIONS SERVICES AND
EQUIPMENT BY PEOPLE WITH
DISABILITIES
1. The authority citation for part 14
continues to read as follows:
Authority: 47 U.S.C. 151, 154(i), 154(j),
208, 255, 617, 618.
2. Add subpart E to part 14 to read as
follows.
Subpart E—Internet Browsers Built
Into Telephones Used With Public
Mobile Services
§ 14.60 Internet Browsers built into Mobile
Phones.
(a) Accessibility. If a manufacturer of
a telephone used with public mobile
services (as such term is defined in
section 710(b)(4)(B) of the Act) includes
an Internet browser in such telephone,
or if a provider of mobile service
arranges for the inclusion of a browser
in telephones to sell to customers, the
manufacturer or provider shall ensure
that the functions of the included
browser (including the ability to launch
the browser) are accessible to and usable
by individuals who are blind or have a
visual impairment, unless doing so is
not achievable, except that this subpart
shall not impose any requirement on
such manufacturer or provider—
(1) To make accessible or usable any
Internet browser other than a browser
that such manufacturer or provider
includes or arranges to include in the
telephone; or
(2) To make Internet content,
applications, or services accessible or
usable (other than enabling individuals
with disabilities to use an included
browser to access such content,
applications, or services).
(b) Industry Flexibility. A
manufacturer or provider may satisfy
the requirements of this subpart with
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respect to such telephone or services
by—
(1) Ensuring that the telephone or
services that such manufacture or
provider offers is accessible to and
usable by individuals with disabilities
without the use of third party
applications, peripheral devices,
software, hardware, or customer
premises equipment; or
(2) Using third party applications,
peripheral devices, software, hardware,
or customer premises equipment that is
available to the consumer at nominal
cost and that individuals with
disabilities can access.
[FR Doc. 2011–31160 Filed 12–29–11; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 100812345–1789–01]
RIN 0648–AY73
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic;
Comprehensive Annual Catch Limit
Amendment for the South Atlantic
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Amended proposed rule;
request for comments.
AGENCY:
NMFS hereby amends a
proposed rule published on December 1,
2011, to implement the Comprehensive
Annual Catch Limit Amendment
(Comprehensive ACL Amendment) to
the Fishery Management Plans (FMPs)
for the Snapper-Grouper Fishery of the
South Atlantic Region (SnapperGrouper FMP), the Golden Crab Fishery
of the South Atlantic Region, the
Dolphin and Wahoo Fishery off the
Atlantic States, and the Pelagic
Sargassum Habitat of the South Atlantic
Region as prepared and submitted by
the South Atlantic Fishery Management
Council (Council). In November 2011,
the Council’s Scientific and Statistical
Committee (SSC) met and determined
the allowable biological catch (ABC) for
wreckfish should be reduced to prevent
overfishing from occurring. The
proposed rule that was published on
December 1, 2011 contained a variety of
actions unrelated to the wreckfish ABC
and those actions did not need to be
delayed by further Council decisions
with respect to the revised wreckfish
SUMMARY:
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Federal Register / Vol. 76, No. 251 / Friday, December 30, 2011 / Proposed Rules
ABC. During its December 5–9, 2011
meeting, the Council concurred with the
SSC’s determination for a revised
wreckfish ABC and to develop an
amended proposed rule for the
Comprehensive ACL Amendment to
notify the public of this change to the
wreckfish ABC. Based on the new
recommended ABC, this rule proposes
to reduce the commercial and
recreational annual catch limits (ACLs)
for wreckfish. The intent of this rule is
to specify sector ACLs for wreckfish
while maintaining a catch level
consistent with achieving optimum
yield for the resource.
DATES: Written comments must be
received on or before January 17, 2012.
ADDRESSES: You may submit comments
on the proposed rule identified by
‘‘NOAA–NMFS–2011–0087’’ by any of
the following methods:
• Electronic submissions: Submit
electronic comments via the Federal
e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Rick DeVictor, 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 https://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: https://
www.regulations.gov, click on ‘‘submit a
comment,’’ then enter ‘‘NOAA-NMFS2011-0087’’ in the keyword search and
click on ‘‘search’’. To view posted
comments during the comment period,
enter ‘‘NOAA-NMFS-2011-0087’’ in the
keyword search and click on ‘‘search’’.
NMFS will accept anonymous
comments (enter N/A in the required
field if you wish to remain anonymous).
You may submit attachments to
electronic comments in Microsoft Word,
Excel, WordPerfect, or Adobe PDF file
formats only.
Comments through means not
specified in this rule will not be
accepted.
Electronic copies of the
Comprehensive ACL Amendment,
which includes a final environmental
impact statement, a regulatory flexibility
analysis, and a regulatory impact
review, may be obtained from the
Southeast Regional Office Web Site at
https://sero.nmfs.noaa.gov/sf/pdfs/
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Comp%20ACL%20Am%20101411%20
FINAL.pdf. Electronic copies of the
additional analyses prepared for this
proposed rule may be obtained from the
same Web site.
FOR FURTHER INFORMATION CONTACT: Rick
DeVictor, Southeast Regional Office,
NMFS, telephone: (727) 824–5305;
email: rick.devictor@noaa.gov.
SUPPLEMENTARY INFORMATION: Wreckfish
are managed under the SnapperGrouper FMP. The Snapper-Grouper
FMP was prepared by the Council and
is implemented through regulations at
50 CFR part 622 under the authority of
the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
Background
A notice of availability for the
Comprehensive ACL Amendment was
published on October 20, 2011 (76 FR
65153), with a comment period ending
December 19, 2011. A proposed rule for
the Comprehensive ACL Amendment
was published on December 1, 2011 (76
FR 74757), with a comment period
ending December 19, 2011. That
proposed rule included measures to:
Specify ACLs and accountability
measures for species in the FMPs for
Snapper-Grouper, Dolphin and Wahoo,
Golden Crab, and Sargassum; revise the
snapper-grouper fishery management
unit; establish a daily vessel limit for
the recreational possession of wreckfish;
create a closed season for the wreckfish
recreational sector; prohibit recreational
bag limit sales of dolphin from for-hire
vessels; and set a minimum size limit
for dolphin off most of the South
Atlantic states.
The Council’s SSC met November 8–
10, 2011, and evaluated the ABC for
wreckfish. NMFS Southeast Regional
Office staff gave a presentation at that
meeting regarding a depletion-corrected
average catch analysis of the wreckfish
population. Based on that analysis, the
SSC determined the ABC of 250,000 lb
(113,398 kg), round weight, was too
large and could lead to overfishing. The
SSC recommended a smaller ABC of
235,000 lb (106,594 kg), round weight.
The Council agreed to this lower ABC
at its December 5–9, 2011 meeting, and
because the Comprehensive ACL
Amendment proposes an ACL for
wreckfish equal to the ABC for
wreckfish, the Council voted to revise
the sector ACLs for wreckfish through a
second proposed rule to implement the
Comprehensive ACL Amendment. The
allocation percentages proposed in the
Comprehensive ACL Amendment are 95
percent for the commercial sector and 5
percent for the recreational sector.
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Based on these allocation percentages,
the commercial ACL proposed in this
rule is 223,250 lb (101,264 kg), round
weight, and the recreational ACL is
11,750 lb (5,330 kg), round weight. The
commercial ACL would be equivalent to
the commercial quota. The codified text
contained in this amended proposed
rule only includes the further revisions
to the wreckfish sector ACLs. The
codified text for all other measures in
the Comprehensive ACL Amendment is
contained in the proposed rule
published on December 1, 2011 (76 FR
74757) and is not repeated here.
The most recent recommendation
developed by the Council’s SSC at their
November 2011 meeting retains the use
of an ABC Control Rule proposed in the
Comprehensive ACL Amendment to
determine the wreckfish ABC. The
proposed ABC Control Rule contains
four levels to characterize the
methodologies available to compute the
ABC. Each level computes the ABC
differently depending on the available
information such as landings and life
history information. At their August
2010 meeting, the SSC concluded that a
control rule based on catch-only data
(Level 4) should be used for wreckfish.
The SSC also recommended, at their
August 2010 meeting, the development
of a Depletion-Based Stock Reduction
Analysis (Level 2) or DepletionCorrected Average Catch (DCAC)
analysis (Level 3) in the next year to
compare with the current catch-only
recommendation for wreckfish. A DCAC
analysis was completed and the SSC
reviewed that analysis and adopted the
methodology at their November 2011
meeting to develop a new ABC
recommendation for wreckfish, in
accordance with the proposed ABC
Control Rule contained in the
Comprehensive ACL Amendment.
Additionally, at its December
meeting, the Council voted to approve
Amendment 20A to the SnapperGrouper FMP (Amendment 20A).
Amendment 20A includes actions to
revise certain aspects of the individual
transferable quota (ITQ) system for the
wreckfish sector of the snapper-grouper
fishery. Specifically, Amendment 20A
proposes to define and revert inactive
wreckfish shares, redistribute reverted
shares to remaining shareholders,
establish a cap on the number of shares
a single entity may own, and establish
an appeals process for redistribution of
reverted shares. The regulatory
flexibility act analysis (RFAA)
contained in that amendment examines
the effects the proposed actions in
Amendment 20A would have on
wreckfish shareholders within the
snapper-grouper fishery, in combination
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Federal Register / Vol. 76, No. 251 / Friday, December 30, 2011 / Proposed Rules
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with the effects of the proposed actions
in this amended proposed rule to
implement the Comprehensive ACL
Amendment.
NMFS requests comments regarding
these additional revisions to the
codified text. These management
measures, as well as the management
measures contained in the proposed
rule published on December 1, 2011,
would be addressed in one final rule to
implement the Comprehensive ACL
Amendment, if it is approved. No other
revisions or changes to the proposed
rule to implement the Comprehensive
ACL Amendment published on
December 1, 2011, are included here.
All discussion of the management
measures contained in the
Comprehensive ACL Amendment are
provided in the proposed rule that
published on December 1, 2011 (76 FR
74757), and in the Comprehensive ACL
Amendment, and are not repeated here.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this amended proposed rule is
consistent with the amendment, other
provisions of the Magnuson-Stevens
Act, and other applicable law, subject to
further consideration after public
comment.
This rule has been determined to be
not significant for purposes of Executive
Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
that this proposed rule to amend the
Comprehensive ACL Amendment, if
adopted, would not have a significant
economic impact on a substantial
number of small entities (76 FR 74757).
The factual basis for this determination
is as follows.
The RFAA for the Comprehensive
ACL Amendment analyzed all of the
measures contained therein and in the
rule that published on December 1,
2011. Therefore, the results of that
analysis are not repeated here. A copy
of the full analysis is available from
NMFS (see ADDRESSES).
The purpose of the amendment is to
specify an ABC Control Rule, ACLs, and
AMs where needed to comply with
Magnuson-Stevens Act requirements.
The objective of the amendment is to
specify measures expected to prevent
overfishing and achieve optimum yield
while minimizing, to the extent
practicable, adverse social and
economic effects.
The Magnuson-Stevens Act provides
the statutory basis for this rule. This
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rule would amend the proposed rule to
implement the Comprehensive ACL
Amendment by reducing the proposed
commercial ACL for wreckfish from
237,500 lb (107,728 kg) to 223,250 lb
(101,264 kg), round weight, and the
proposed recreational ACL for wreckfish
from 12,500 lb (5,670 kg) to 11,750 lb
(5,330 kg), round weight, the rationale
for which is provided in the preamble
and is not repeated here.
This rule is expected to directly affect
shareholders that possess quota shares
and are active in the commercial
wreckfish sector of the snapper-grouper
fishery. This rule is also expected to
directly affect for-hire vessels that
possess for-hire snapper-grouper
permits in the South Atlantic. The SBA
has established size criteria for all major
industry sectors in the U.S. including
fish harvesters. A business involved in
fish harvesting is classified as a small
business if it is independently owned
and operated, is not dominant in its
field of operation (including its
affiliates), and has combined annual
receipts not in excess of $4.0 million
(NAICS code 114111, finfish fishing) for
all its affiliated operations worldwide.
The snapper-grouper fishery in the
South Atlantic is a limited access
fishery with a cap on the total number
of snapper-grouper permits available. In
2010, 598 vessels possessed snappergrouper unlimited permits and 136
vessels possessed limited snappergrouper permits. Thus, a total of 734
vessels possessed limited access permits
to harvest snapper-grouper species.
Unlimited permit holders may harvest
snapper-grouper in unlimited quantities
per trip, subject to quotas and ACLs,
while limited permit holders may only
harvest up to 225 lb (102.1 kg) of
snapper-grouper per trip.
The commercial wreckfish sector of
the snapper-grouper fishery is managed
under an ITQ system. As of November
17, 2011, there were 20 shareholders in
the commercial wreckfish ITQ system.
The current minimum quota share held
by a shareholder is 0.06 percent, the
maximum quota share is 20.63 percent,
and the average quota share is
approximately 5 percent. With respect
to the distribution of shares, 13
shareholders own less than 5 percent, 4
shareholders own between 5 percent
and 10 percent, 2 shareholders own
between 10 percent and 15 percent, and
1 shareholder owns more than 20
percent of the quota shares.
Based on landings data from the 5
most recent fishing years (i.e., 2006/
2007 to 2010/2011), 13 of the 20
shareholders had no commercial
wreckfish landings during this time and
thus are considered inactive. Further, 11
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of these 13 inactive shareholders were
not commercially active in any fisheries,
and thus earned no gross revenue or
profit from commercial fishing
activities, between 2006 and 2010. The
other two inactive shareholders
commercially harvested species other
than wreckfish during this time. The
extent to which these two shareholders
were involved in other commercial
harvesting activities differs greatly, as
one was only minimally involved and
the other significantly involved in such
activities. Specific information
regarding their landings and gross
revenue is confidential and thus cannot
be provided, while information
regarding their profits is currently not
available.
Seven of the 20 shareholders had at
least 1 lb (0.45 kg) of commercial
wreckfish landings during the five most
recent fishing years and thus are
considered active. More specifically,
these active shareholders’ annual
wreckfish landings and gross revenue
were 32,804 lb (14,880 kg) and $82,085
on average during this time,
respectively. On average, these active
shareholders also earned $90,582 in
annual gross revenue from other species
during this time. Thus, annual gross
revenue from commercial fishing was
$172,668 per active shareholder on
average during the 5 most recent fishing
years. Information regarding these active
shareholders’ profits is not currently
available. The maximum gross revenue
earned by a single active shareholder is
confidential information and cannot be
reported. However, this figure is less
than the SBA threshold for a small
business.
Between 2005 and 2009,
approximately 2,018 vessels possessed
for-hire snapper-grouper permits. Forhire permits do not distinguish
charterboats from headboats and thus
the specific number of charterboats with
for-hire snapper-grouper permits cannot
be estimated. Because wreckfish could
not be legally retained by vessels
operating under hire during this time,
they had no wreckfish landings
associated with for-hire harvest.
Producer surplus represents profit in the
for-hire sector. Producer surplus
estimates for snapper-grouper vessels
are not currently available. However,
because for-hire vessels could not
legally retain wreckfish, by definition,
producer surplus due to the harvest of
wreckfish is zero.
A study on the for-hire sector in the
Southeast Region presented two sets of
average gross revenue estimates for the
charter and headboat sectors in the
South Atlantic. The first set of estimates
was as follows: $51,000 for charterboats
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Federal Register / Vol. 76, No. 251 / Friday, December 30, 2011 / Proposed Rules
on the Atlantic coast of Florida; $60,135
for charterboats in North Carolina;
$26,304 for charterboats in South
Carolina; $56,551 for charterboats in
Georgia; $140,714 for headboats in
Florida; and $123,000 for headboats in
the other South Atlantic states. The
second set of estimates was as follows:
$69,268 for charterboats and $299,551
for headboats across all South Atlantic
states. Because the second set of
estimates were considerably higher than
the first set, a new approach was
employed that generated the following
estimates of average gross revenue:
$73,365 for charterboats in North
Carolina, $32,091 for charterboats in
South Carolina; $68,992 for charterboats
in Georgia; and $261,990 for headboats
across all South Atlantic states. Data for
Florida were unavailable in the second
set of estimates.
Based on the figures above, all active
shareholders expected to be directly
affected by this rule are determined, for
the purpose of this analysis, to be small
business entities. Similarly, and
regardless of which estimates are used,
based on these figures, all for-hire
fishing vessels expected to be directly
affected by this rule are determined, for
the purpose of this analysis, to be small
business entities.
For the action to reduce the proposed
commercial ACL for wreckfish, the
commercial sector’s ACL and quota
would be reduced from 237,500 lb
(107,728 kg) to 223,250 lb (101,264 kg),
or by 14,250 lb (6,464 kg), which
represents a 6 percent reduction. Thus,
in turn, each shareholder’s annual
allocation of wreckfish would also be
reduced by 6 percent. However, due to
proposed actions in Amendment 20A to
the Snapper-Grouper FMP, the quota
shares currently held by the 13 inactive
shareholders would be expected to be
reverted and redistributed to the 7
active shareholders. As such, the
reduction in the commercial sector’s
ACL and quota would not be expected
to directly affect these 13 inactive
shareholders and, thus, they are not
considered further in this analysis.
With respect to the 7 active
shareholders, the expected distribution
of shares resulting from the proposed
actions in Amendment 20A is as
follows: 3.55 percent, 9.05 percent,
11.24 percent, 11.62 percent, 18.38
percent, 23 percent, and 23.16 percent,
respectively. Under the original
proposed commercial ACL of 237,500 lb
(107,728 kg), the average annual
allocation of wreckfish per active
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shareholder is 33,929 lb (15,390 kg).
Under the 223,250 lb (101,264 kg)
commercial ACL proposed in this rule,
the annual allocation per active
shareholder would be reduced to 31,893
lb (14,466 kg), or by 2,036 lb (924 kg),
reflecting the 6 percent reduction. Thus,
the expected loss in annual gross
revenue due to the reduction in the
commercial ACL is estimated to be
$6,027 on average per active
shareholder. This decrease in the active
shareholders’ gross revenue from
wreckfish landings represents a
decrease of approximately 3.5 percent in
gross revenue from all of their
commercial fishing activities on
average. Expected reductions in gross
revenue overestimate the expected
reduction in profits because costs are
not taken into account. Thus, this action
would be expected to decrease the
profits of the seven active shareholders,
though likely not significantly, relative
to the profits they would earn if the
commercial ACL were not reduced.
For the action to reduce the proposed
recreational ACL for wreckfish, the
recreational sector’s ACL would be
reduced from 12,500 lb (5,670 kg) to
11,750 lb (5,330 kg), or by 750 lb (340
kg). Although the percent reduction in
the recreational ACL is also 6 percent,
a reduction of 750 lb (340 kg) is trivial
overall and, given that there are 2,018
vessels with for-hire snapper-grouper
permits, on a per vessel basis would be
approximately 3 lb (1.4 kg). None of
these vessels have earned any producer
surplus from recreational landings of
wreckfish in the past. Further, it is
highly likely that only a relatively small
number of for-hire vessels may have
earned a small amount of producer
surplus under the originally proposed
recreational ACL, and the proposed
reduction would not alter that result.
Thus, the reduction in the recreational
ACL is not expected to significantly
reduce producer surplus for for-hire
vessels.
As a result of the information above,
a reduction in profits for a substantial
number of small entities is not expected.
Because this rule, if implemented, is not
expected to have a significant direct
adverse economic effect on the profits of
a substantial number of small entities,
an initial regulatory flexibility analysis
is not required and none has been
prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico,
Reporting and recordkeeping
requirements, Virgin Islands.
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82267
Dated: December 27, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622, as proposed
to be amended at 76 FR 74757,
December 1, 2011, is proposed to be
further amended as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF, AND SOUTH
ATLANTIC
1. The authority citation for part 622
continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.42, the first sentence of
paragraph (f) is revised to read as
follows:
§ 622.42
Quotas.
*
*
*
*
*
(f) Wreckfish. The quota for wreckfish
applies to wreckfish shareholders, or
their employees, contractors, or agents,
and is 223,250 lb (101,264 kg), round
weight. * * *
*
*
*
*
*
3. In § 622.49, paragraph (b)(18)(ii) is
revised to read as follows:
§ 622.49 Annual Catch Limits (ACLs) and
Accountability Measures (AMs).
(b) * * *
(18) * * *
(ii) Recreational sector. If recreational
landings for wreckfish, as estimated by
the SRD, exceed the recreational ACL of
11,750 lb (5,330 kg), round weight, then
during the following fishing year,
recreational landings will be monitored
for a persistence in increased landings
and, if necessary, the AA will file a
notification with the Office of the
Federal Register, to reduce the length of
the following recreational fishing season
by the amount necessary to ensure
recreational landings do not exceed the
recreational ACL in the following
fishing year. However, the length of the
recreational season will also not be
reduced during the following fishing
year if the RA determines, using the best
scientific information available, that a
reduction in the length of the following
fishing season is unnecessary.
*
*
*
*
*
[FR Doc. 2011–33601 Filed 12–29–11; 8:45 am]
BILLING CODE 3510–22–P
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[Federal Register Volume 76, Number 251 (Friday, December 30, 2011)]
[Proposed Rules]
[Pages 82264-82267]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33601]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 100812345-1789-01]
RIN 0648-AY73
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Comprehensive Annual Catch Limit Amendment for the South Atlantic
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Amended proposed rule; request for comments.
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SUMMARY: NMFS hereby amends a proposed rule published on December 1,
2011, to implement the Comprehensive Annual Catch Limit Amendment
(Comprehensive ACL Amendment) to the Fishery Management Plans (FMPs)
for the Snapper-Grouper Fishery of the South Atlantic Region (Snapper-
Grouper FMP), the Golden Crab Fishery of the South Atlantic Region, the
Dolphin and Wahoo Fishery off the Atlantic States, and the Pelagic
Sargassum Habitat of the South Atlantic Region as prepared and
submitted by the South Atlantic Fishery Management Council (Council).
In November 2011, the Council's Scientific and Statistical Committee
(SSC) met and determined the allowable biological catch (ABC) for
wreckfish should be reduced to prevent overfishing from occurring. The
proposed rule that was published on December 1, 2011 contained a
variety of actions unrelated to the wreckfish ABC and those actions did
not need to be delayed by further Council decisions with respect to the
revised wreckfish
[[Page 82265]]
ABC. During its December 5-9, 2011 meeting, the Council concurred with
the SSC's determination for a revised wreckfish ABC and to develop an
amended proposed rule for the Comprehensive ACL Amendment to notify the
public of this change to the wreckfish ABC. Based on the new
recommended ABC, this rule proposes to reduce the commercial and
recreational annual catch limits (ACLs) for wreckfish. The intent of
this rule is to specify sector ACLs for wreckfish while maintaining a
catch level consistent with achieving optimum yield for the resource.
DATES: Written comments must be received on or before January 17, 2012.
ADDRESSES: You may submit comments on the proposed rule identified by
``NOAA-NMFS-2011-0087'' by any of the following methods:
Electronic submissions: Submit electronic comments via the
Federal e-Rulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments.
Mail: Rick DeVictor, 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 https://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: https://www.regulations.gov, click on ``submit a comment,'' then enter ``NOAA-
NMFS-2011-0087'' in the keyword search and click on ``search''. To view
posted comments during the comment period, enter ``NOAA-NMFS-2011-
0087'' in the keyword search and click on ``search''. NMFS will accept
anonymous comments (enter N/A in the required field if you wish to
remain anonymous). You may submit attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
Comments through means not specified in this rule will not be
accepted.
Electronic copies of the Comprehensive ACL Amendment, which
includes a final environmental impact statement, a regulatory
flexibility analysis, and a regulatory impact review, may be obtained
from the Southeast Regional Office Web Site at https://sero.nmfs.noaa.gov/sf/pdfs/Comp%20ACL%20Am%20101411%20FINAL.pdf.
Electronic copies of the additional analyses prepared for this proposed
rule may be obtained from the same Web site.
FOR FURTHER INFORMATION CONTACT: Rick DeVictor, Southeast Regional
Office, NMFS, telephone: (727) 824-5305; email: rick.devictor@noaa.gov.
SUPPLEMENTARY INFORMATION: Wreckfish are managed under the Snapper-
Grouper FMP. The Snapper-Grouper FMP was prepared by the Council and is
implemented through regulations at 50 CFR part 622 under the authority
of the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act).
Background
A notice of availability for the Comprehensive ACL Amendment was
published on October 20, 2011 (76 FR 65153), with a comment period
ending December 19, 2011. A proposed rule for the Comprehensive ACL
Amendment was published on December 1, 2011 (76 FR 74757), with a
comment period ending December 19, 2011. That proposed rule included
measures to: Specify ACLs and accountability measures for species in
the FMPs for Snapper-Grouper, Dolphin and Wahoo, Golden Crab, and
Sargassum; revise the snapper-grouper fishery management unit;
establish a daily vessel limit for the recreational possession of
wreckfish; create a closed season for the wreckfish recreational
sector; prohibit recreational bag limit sales of dolphin from for-hire
vessels; and set a minimum size limit for dolphin off most of the South
Atlantic states.
The Council's SSC met November 8-10, 2011, and evaluated the ABC
for wreckfish. NMFS Southeast Regional Office staff gave a presentation
at that meeting regarding a depletion-corrected average catch analysis
of the wreckfish population. Based on that analysis, the SSC determined
the ABC of 250,000 lb (113,398 kg), round weight, was too large and
could lead to overfishing. The SSC recommended a smaller ABC of 235,000
lb (106,594 kg), round weight. The Council agreed to this lower ABC at
its December 5-9, 2011 meeting, and because the Comprehensive ACL
Amendment proposes an ACL for wreckfish equal to the ABC for wreckfish,
the Council voted to revise the sector ACLs for wreckfish through a
second proposed rule to implement the Comprehensive ACL Amendment. The
allocation percentages proposed in the Comprehensive ACL Amendment are
95 percent for the commercial sector and 5 percent for the recreational
sector. Based on these allocation percentages, the commercial ACL
proposed in this rule is 223,250 lb (101,264 kg), round weight, and the
recreational ACL is 11,750 lb (5,330 kg), round weight. The commercial
ACL would be equivalent to the commercial quota. The codified text
contained in this amended proposed rule only includes the further
revisions to the wreckfish sector ACLs. The codified text for all other
measures in the Comprehensive ACL Amendment is contained in the
proposed rule published on December 1, 2011 (76 FR 74757) and is not
repeated here.
The most recent recommendation developed by the Council's SSC at
their November 2011 meeting retains the use of an ABC Control Rule
proposed in the Comprehensive ACL Amendment to determine the wreckfish
ABC. The proposed ABC Control Rule contains four levels to characterize
the methodologies available to compute the ABC. Each level computes the
ABC differently depending on the available information such as landings
and life history information. At their August 2010 meeting, the SSC
concluded that a control rule based on catch-only data (Level 4) should
be used for wreckfish. The SSC also recommended, at their August 2010
meeting, the development of a Depletion-Based Stock Reduction Analysis
(Level 2) or Depletion-Corrected Average Catch (DCAC) analysis (Level
3) in the next year to compare with the current catch-only
recommendation for wreckfish. A DCAC analysis was completed and the SSC
reviewed that analysis and adopted the methodology at their November
2011 meeting to develop a new ABC recommendation for wreckfish, in
accordance with the proposed ABC Control Rule contained in the
Comprehensive ACL Amendment.
Additionally, at its December meeting, the Council voted to approve
Amendment 20A to the Snapper-Grouper FMP (Amendment 20A). Amendment 20A
includes actions to revise certain aspects of the individual
transferable quota (ITQ) system for the wreckfish sector of the
snapper-grouper fishery. Specifically, Amendment 20A proposes to define
and revert inactive wreckfish shares, redistribute reverted shares to
remaining shareholders, establish a cap on the number of shares a
single entity may own, and establish an appeals process for
redistribution of reverted shares. The regulatory flexibility act
analysis (RFAA) contained in that amendment examines the effects the
proposed actions in Amendment 20A would have on wreckfish shareholders
within the snapper-grouper fishery, in combination
[[Page 82266]]
with the effects of the proposed actions in this amended proposed rule
to implement the Comprehensive ACL Amendment.
NMFS requests comments regarding these additional revisions to the
codified text. These management measures, as well as the management
measures contained in the proposed rule published on December 1, 2011,
would be addressed in one final rule to implement the Comprehensive ACL
Amendment, if it is approved. No other revisions or changes to the
proposed rule to implement the Comprehensive ACL Amendment published on
December 1, 2011, are included here. All discussion of the management
measures contained in the Comprehensive ACL Amendment are provided in
the proposed rule that published on December 1, 2011 (76 FR 74757), and
in the Comprehensive ACL Amendment, and are not repeated here.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this amended proposed
rule is consistent with the amendment, other provisions of the
Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment.
This rule has been determined to be not significant for purposes of
Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this proposed rule to amend the Comprehensive
ACL Amendment, if adopted, would not have a significant economic impact
on a substantial number of small entities (76 FR 74757). The factual
basis for this determination is as follows.
The RFAA for the Comprehensive ACL Amendment analyzed all of the
measures contained therein and in the rule that published on December
1, 2011. Therefore, the results of that analysis are not repeated here.
A copy of the full analysis is available from NMFS (see ADDRESSES).
The purpose of the amendment is to specify an ABC Control Rule,
ACLs, and AMs where needed to comply with Magnuson-Stevens Act
requirements. The objective of the amendment is to specify measures
expected to prevent overfishing and achieve optimum yield while
minimizing, to the extent practicable, adverse social and economic
effects.
The Magnuson-Stevens Act provides the statutory basis for this
rule. This rule would amend the proposed rule to implement the
Comprehensive ACL Amendment by reducing the proposed commercial ACL for
wreckfish from 237,500 lb (107,728 kg) to 223,250 lb (101,264 kg),
round weight, and the proposed recreational ACL for wreckfish from
12,500 lb (5,670 kg) to 11,750 lb (5,330 kg), round weight, the
rationale for which is provided in the preamble and is not repeated
here.
This rule is expected to directly affect shareholders that possess
quota shares and are active in the commercial wreckfish sector of the
snapper-grouper fishery. This rule is also expected to directly affect
for-hire vessels that possess for-hire snapper-grouper permits in the
South Atlantic. The SBA has established size criteria for all major
industry sectors in the U.S. including fish harvesters. A business
involved in fish harvesting is classified as a small business if it is
independently owned and operated, is not dominant in its field of
operation (including its affiliates), and has combined annual receipts
not in excess of $4.0 million (NAICS code 114111, finfish fishing) for
all its affiliated operations worldwide.
The snapper-grouper fishery in the South Atlantic is a limited
access fishery with a cap on the total number of snapper-grouper
permits available. In 2010, 598 vessels possessed snapper-grouper
unlimited permits and 136 vessels possessed limited snapper-grouper
permits. Thus, a total of 734 vessels possessed limited access permits
to harvest snapper-grouper species. Unlimited permit holders may
harvest snapper-grouper in unlimited quantities per trip, subject to
quotas and ACLs, while limited permit holders may only harvest up to
225 lb (102.1 kg) of snapper-grouper per trip.
The commercial wreckfish sector of the snapper-grouper fishery is
managed under an ITQ system. As of November 17, 2011, there were 20
shareholders in the commercial wreckfish ITQ system. The current
minimum quota share held by a shareholder is 0.06 percent, the maximum
quota share is 20.63 percent, and the average quota share is
approximately 5 percent. With respect to the distribution of shares, 13
shareholders own less than 5 percent, 4 shareholders own between 5
percent and 10 percent, 2 shareholders own between 10 percent and 15
percent, and 1 shareholder owns more than 20 percent of the quota
shares.
Based on landings data from the 5 most recent fishing years (i.e.,
2006/2007 to 2010/2011), 13 of the 20 shareholders had no commercial
wreckfish landings during this time and thus are considered inactive.
Further, 11 of these 13 inactive shareholders were not commercially
active in any fisheries, and thus earned no gross revenue or profit
from commercial fishing activities, between 2006 and 2010. The other
two inactive shareholders commercially harvested species other than
wreckfish during this time. The extent to which these two shareholders
were involved in other commercial harvesting activities differs
greatly, as one was only minimally involved and the other significantly
involved in such activities. Specific information regarding their
landings and gross revenue is confidential and thus cannot be provided,
while information regarding their profits is currently not available.
Seven of the 20 shareholders had at least 1 lb (0.45 kg) of
commercial wreckfish landings during the five most recent fishing years
and thus are considered active. More specifically, these active
shareholders' annual wreckfish landings and gross revenue were 32,804
lb (14,880 kg) and $82,085 on average during this time, respectively.
On average, these active shareholders also earned $90,582 in annual
gross revenue from other species during this time. Thus, annual gross
revenue from commercial fishing was $172,668 per active shareholder on
average during the 5 most recent fishing years. Information regarding
these active shareholders' profits is not currently available. The
maximum gross revenue earned by a single active shareholder is
confidential information and cannot be reported. However, this figure
is less than the SBA threshold for a small business.
Between 2005 and 2009, approximately 2,018 vessels possessed for-
hire snapper-grouper permits. For-hire permits do not distinguish
charterboats from headboats and thus the specific number of
charterboats with for-hire snapper-grouper permits cannot be estimated.
Because wreckfish could not be legally retained by vessels operating
under hire during this time, they had no wreckfish landings associated
with for-hire harvest. Producer surplus represents profit in the for-
hire sector. Producer surplus estimates for snapper-grouper vessels are
not currently available. However, because for-hire vessels could not
legally retain wreckfish, by definition, producer surplus due to the
harvest of wreckfish is zero.
A study on the for-hire sector in the Southeast Region presented
two sets of average gross revenue estimates for the charter and
headboat sectors in the South Atlantic. The first set of estimates was
as follows: $51,000 for charterboats
[[Page 82267]]
on the Atlantic coast of Florida; $60,135 for charterboats in North
Carolina; $26,304 for charterboats in South Carolina; $56,551 for
charterboats in Georgia; $140,714 for headboats in Florida; and
$123,000 for headboats in the other South Atlantic states. The second
set of estimates was as follows: $69,268 for charterboats and $299,551
for headboats across all South Atlantic states. Because the second set
of estimates were considerably higher than the first set, a new
approach was employed that generated the following estimates of average
gross revenue: $73,365 for charterboats in North Carolina, $32,091 for
charterboats in South Carolina; $68,992 for charterboats in Georgia;
and $261,990 for headboats across all South Atlantic states. Data for
Florida were unavailable in the second set of estimates.
Based on the figures above, all active shareholders expected to be
directly affected by this rule are determined, for the purpose of this
analysis, to be small business entities. Similarly, and regardless of
which estimates are used, based on these figures, all for-hire fishing
vessels expected to be directly affected by this rule are determined,
for the purpose of this analysis, to be small business entities.
For the action to reduce the proposed commercial ACL for wreckfish,
the commercial sector's ACL and quota would be reduced from 237,500 lb
(107,728 kg) to 223,250 lb (101,264 kg), or by 14,250 lb (6,464 kg),
which represents a 6 percent reduction. Thus, in turn, each
shareholder's annual allocation of wreckfish would also be reduced by 6
percent. However, due to proposed actions in Amendment 20A to the
Snapper-Grouper FMP, the quota shares currently held by the 13 inactive
shareholders would be expected to be reverted and redistributed to the
7 active shareholders. As such, the reduction in the commercial
sector's ACL and quota would not be expected to directly affect these
13 inactive shareholders and, thus, they are not considered further in
this analysis.
With respect to the 7 active shareholders, the expected
distribution of shares resulting from the proposed actions in Amendment
20A is as follows: 3.55 percent, 9.05 percent, 11.24 percent, 11.62
percent, 18.38 percent, 23 percent, and 23.16 percent, respectively.
Under the original proposed commercial ACL of 237,500 lb (107,728 kg),
the average annual allocation of wreckfish per active shareholder is
33,929 lb (15,390 kg). Under the 223,250 lb (101,264 kg) commercial ACL
proposed in this rule, the annual allocation per active shareholder
would be reduced to 31,893 lb (14,466 kg), or by 2,036 lb (924 kg),
reflecting the 6 percent reduction. Thus, the expected loss in annual
gross revenue due to the reduction in the commercial ACL is estimated
to be $6,027 on average per active shareholder. This decrease in the
active shareholders' gross revenue from wreckfish landings represents a
decrease of approximately 3.5 percent in gross revenue from all of
their commercial fishing activities on average. Expected reductions in
gross revenue overestimate the expected reduction in profits because
costs are not taken into account. Thus, this action would be expected
to decrease the profits of the seven active shareholders, though likely
not significantly, relative to the profits they would earn if the
commercial ACL were not reduced.
For the action to reduce the proposed recreational ACL for
wreckfish, the recreational sector's ACL would be reduced from 12,500
lb (5,670 kg) to 11,750 lb (5,330 kg), or by 750 lb (340 kg). Although
the percent reduction in the recreational ACL is also 6 percent, a
reduction of 750 lb (340 kg) is trivial overall and, given that there
are 2,018 vessels with for-hire snapper-grouper permits, on a per
vessel basis would be approximately 3 lb (1.4 kg). None of these
vessels have earned any producer surplus from recreational landings of
wreckfish in the past. Further, it is highly likely that only a
relatively small number of for-hire vessels may have earned a small
amount of producer surplus under the originally proposed recreational
ACL, and the proposed reduction would not alter that result. Thus, the
reduction in the recreational ACL is not expected to significantly
reduce producer surplus for for-hire vessels.
As a result of the information above, a reduction in profits for a
substantial number of small entities is not expected. Because this
rule, if implemented, is not expected to have a significant direct
adverse economic effect on the profits of a substantial number of small
entities, an initial regulatory flexibility analysis is not required
and none has been prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: December 27, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622, as
proposed to be amended at 76 FR 74757, December 1, 2011, is proposed to
be further amended as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
1. The authority citation for part 622 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 622.42, the first sentence of paragraph (f) is revised
to read as follows:
Sec. 622.42 Quotas.
* * * * *
(f) Wreckfish. The quota for wreckfish applies to wreckfish
shareholders, or their employees, contractors, or agents, and is
223,250 lb (101,264 kg), round weight. * * *
* * * * *
3. In Sec. 622.49, paragraph (b)(18)(ii) is revised to read as
follows:
Sec. 622.49 Annual Catch Limits (ACLs) and Accountability Measures
(AMs).
(b) * * *
(18) * * *
(ii) Recreational sector. If recreational landings for wreckfish,
as estimated by the SRD, exceed the recreational ACL of 11,750 lb
(5,330 kg), round weight, then during the following fishing year,
recreational landings will be monitored for a persistence in increased
landings and, if necessary, the AA will file a notification with the
Office of the Federal Register, to reduce the length of the following
recreational fishing season by the amount necessary to ensure
recreational landings do not exceed the recreational ACL in the
following fishing year. However, the length of the recreational season
will also not be reduced during the following fishing year if the RA
determines, using the best scientific information available, that a
reduction in the length of the following fishing season is unnecessary.
* * * * *
[FR Doc. 2011-33601 Filed 12-29-11; 8:45 am]
BILLING CODE 3510-22-P
