Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish of the Gulf of Alaska; Amendment 88, 2478-2480 [C1-2011-32873]

Download as PDF 2478 Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Rules and Regulations This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). This rule will be effective on March 19, 2012. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order 12898 (59 FR 7629, Feb. 16, 1994) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. EPA has determined that this final rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it increases the level of environmental protection for all affected populations without having any disproportionately high and adverse human health or environmental effects on any population, including any minority or low-income population. This direct final rule merely adds an automatic waiver provision to encourage Great Lakes steamship owners to repower their vessels with cleaner marine diesel engines. To the extent Great Lakes steamship owners take advantage of this incentive program, their action will provide immediate air quality and energy benefits, due to the improved fuel efficiency of the diesel engines, and even larger benefits in the long term, when the repowered ship will use fuel that complies with the 1,000 ppm sulfur limit on the Great Lakes. These emission reductions will improve air quality for all people who live in the Great Lakes region, including minority and lowincome populations. pmangrum on DSK3VPTVN1PROD with RULES K. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A Major rule cannot take effect until 60 days after it is published in the Federal Register. VerDate Mar<15>2010 15:39 Jan 17, 2012 Jkt 226001 L. Statutory Authority The statutory authority for this action comes from section 1903 of the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.). The Act to Prevent Pollution from Ships implements Annex VI to the International Convention for the Prevention of Pollution from Ships (MARPOL) and makes those requirements enforceable domestically. Section 1903 gives the Administrator the authority to prescribe any necessary or desired regulations to carry out the provisions of Regulations 12 through 19 of MARPOL Annex VI. List of Subjects in 40 CFR Part 1043 Environmental protection, Administrative practice and procedure, Air pollution control, Confidential business information, Economic hardship waiver, Great Lakes, North American Emission Control Area, Reporting and recordkeeping requirements, Steamships. Dated: January 11, 2012. Lisa P. Jackson, Administrator. For the reasons set out in the preamble, Title 40, Chapter I of the Code of Federal Regulations is amended as follows: PART 1043—CONTROL OF NOX, SOX, AND PM EMISSIONS FROM MARINE ENGINES AND VESSELS SUBJECT TO THE MARPOL PROTOCOL 1. The authority citation for part 1043 continues to read as follows: ■ on the date the vessel enters dry dock for service. (ii) We may approve the use of an engine meeting less stringent standards if the owner can demonstrate that it took possession of the engine before October 30, 2009, and that engine is a new engine that has not been installed in a non-marine application. Such an engine must at a minimum be certified to the Annex VI NOX emission standard in § 1043.60 that applies based on its build date. (2) The vessel owner must notify us regarding the intent to use this provision. The notification must include a description of the vessel and a summary of the project, including the expected timeline, and other relevant information. (3) The vessel owner must notify the Designated Certification Officer when the project is complete. We will send the owner a statement that the repowered ship is exempt from fuel sulfur requirements through December 31, 2025; this statement must be kept onboard the vessel for compliance purposes. (4) All other requirements under this part 1043 continue to apply, including requirements related to bunker delivery notes. (5) This paragraph (b) applies only for vessels whose hull remains intact through the repowering process. For example, if a steamship is converted to a barge for use with tugboats, those vessels must use fuel meeting the requirements of this part 1043. * * * * * [FR Doc. 2012–819 Filed 1–17–12; 8:45 am] BILLING CODE 6560–50–P Authority: 33 U.S.C. 1901–1915. 2. Section 1043.95 is amended by redesignating paragraphs (b) and (c) as paragraphs (c) and (d), respectively, and adding a new paragraph (b) to read as follows: ■ § 1043.95 National Oceanic and Atmospheric Administration 50 CFR Part 679 Interim provisions. * * * * * (b) The fuel-use requirements of this part do not apply through December 31, 2025, for a ship qualifying under paragraph (a) of this section if it was in service as a steamship on October 30, 2009 and it is repowered with one or more marine diesel engines, subject to the following conditions and requirements: (1) Engines must meet exhaust emission standards using one of the following approaches: (i) All the installed replacement engines must be certified to applicable standards under 40 CFR part 1042 based PO 00000 DEPARTMENT OF COMMERCE Frm 00042 Fmt 4700 Sfmt 4700 [Docket No. 110314196–1725–02] RIN 0648–BA97 Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish of the Gulf of Alaska; Amendment 88 Correction § 679.81 [Corrected] In rule document 2011–32873 appearing on pages 81248–81293 in the issue of December 27, 2011, make the following correction: On pages 81283–81283, the table at § 679.81(i)(3) is reprinted in its entirety: E:\FR\FM\18JAR1.SGM 18JAR1 Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Rules and Regulations Requirement Catcher vessel sector 2479 Catcher/processor sector Only persons who hold rockfish QS may join a rockfish cooperative. No minimum requirement. (iii) Is an association with a rockfish processor required? Yes, a rockfish QS holder may only be a member of a rockfish cooperative formed in association with a rockfish processor. The rockfish cooperative may not receive rockfish CQ unless a shoreside processor eligible to receive rockfish CQ has indicated that it may be willing to receive rockfish CQ from that cooperative in the application for CQ, as described under § 679.81, that is submitted by that cooperative. No. (iv) Is a rockfish cooperative member required to deliver catch to the rockfish processor with whom the rockfish cooperative is associated? No ..................................................................... N/A. (v) Is there a minimum amount of rockfish QS that must be assigned to a rockfish cooperative for it to be allowed to form? No ..................................................................... No. (vi) What is allocated to the rockfish cooperative? CQ for rockfish primary species, rockfish secondary species, and rockfish halibut PSC, based on the rockfish QS assigned to all of the LLP licenses that are assigned to the cooperative. (vii) Is this CQ an exclusive harvest privilege? .. Yes, the members of the rockfish cooperative have an exclusive harvest privilege to collectively catch this CQ, or a cooperative may transfer all or a portion of this CQ to another rockfish cooperative. (viii) Is there a season during which designated vessels may catch CQ? Yes, any vessel designated to catch CQ for a rockfish cooperative is limited to catching CQ during the season beginning on 1200 hours, A.l.t., on May 1 through 1200 hours, A.l.t., on November 15. (ix) Can any vessel catch a rockfish cooperative’s CQ? No, only vessels that are named on the application for CQ for that rockfish cooperative may catch the CQ assigned to that rockfish cooperative. A vessel may be assigned to only one rockfish cooperative in a calendar year. (x) Can a member of a rockfish cooperative transfer CQ individually to another rockfish cooperative without the approval of the other members of the rockfish cooperative? No, only the rockfish cooperative’s designated representative, and not individual members, may transfer its CQ to another rockfish cooperative. Any such transfer must be approved by NMFS as established under paragraph (i)(4)(ii) of this section. (xi) Can a rockfish cooperative in the catcher/ processor sector transfer its sideboard limit? N/A ................................................................... (xii) Is there a hired master requirement? .......... No, there is no hired master requirement. (xiii) Can an LLP license be assigned to more than one rockfish cooperative in a calendar year? No, an LLP license may only be assigned to one rockfish cooperative in a calendar year. A person holding multiple LLP licenses with associated rockfish QS may assign different LLP licenses to different rockfish cooperatives subject to any other restrictions that may apply. (xiv) Can a rockfish processor be associated with more than one rockfish cooperative? Yes ................................................................... N/A. (xv) Can an LLP license be assigned to a rockfish cooperative and opt-out of participating in a rockfish cooperative? pmangrum on DSK3VPTVN1PROD with RULES (i) Who may join a rockfish cooperative? ........... (ii) What is the minimum number of LLP licenses that must be assigned to form a rockfish cooperative? N/A ................................................................... No, each calendar year an LLP license must either be assigned to a rockfish cooperative or opt-out. (xvi) Which members may harvest the rockfish cooperative’s CQ? That is determined by the rockfish cooperative contract signed by its members. Any violations of this contract by one cooperative member may be subject to civil claims by other members of the rockfish cooperative. (xvii) Does a rockfish cooperative need a contract? Yes, a rockfish cooperative must have a membership agreement or contract that specifies how the rockfish cooperative intends to harvest its CQ. A copy of this agreement or contract must be submitted to NMFS with the cooperative’s application for CQ. VerDate Mar<15>2010 15:39 Jan 17, 2012 Jkt 226001 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 No, a sideboard limit assigned to a rockfish cooperative in the catcher/processor sector is a limit applicable to a specific rockfish cooperative, and may not be transferred between rockfish cooperatives. E:\FR\FM\18JAR1.SGM 18JAR1 2480 Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Rules and Regulations Requirement Catcher vessel sector Catcher/processor sector (xviii) What happens if the rockfish cooperative exceeds its CQ amount? A rockfish cooperative is not authorized to catch fish in excess of its CQ and must not exceed its CQ amount at the end of the calendar year. Exceeding a CQ is a violation of the Rockfish Program regulations. Each member of the rockfish cooperative is jointly and severally liable for any violations of the Rockfish Program regulations while fishing under authority of a CQ permit. This liability extends to any persons who are hired to catch or receive CQ assigned to a rockfish cooperative. Each member of a rockfish cooperative is responsible for ensuring that all members of the rockfish cooperative comply with all regulations applicable to fishing under the Rockfish Program. (xix) Is there a limit on how much CQ a rockfish cooperative may hold or use? Yes, see § 679.82(a) for the provisions that apply. (xx) Is there a limit on how much CQ a vessel may harvest? Yes, see § 679.82(a) for the provisions that apply. (xxi) Is there a requirement that a rockfish cooperative pay rockfish cost recovery fees? Yes, see § 679.85 for the provisions that apply. (xxii) When does catch count against my CQ permit? Any vessel fishing checked-in (and therefore fishing under the authority of a CQ permit must count any catch of rockfish primary species, rockfish secondary species, or rockfish halibut PSC against that rockfish cooperative’s CQ from May 1 until November 15, or until the effective date of a rockfish cooperative termination of fishing declaration that has been approved by NMFS). (xxiii) If my vessel is checked-out and fishing in a directed flatfish fishery in the Central GOA and I catch groundfish and halibut PSC, does that count against the rockfish cooperative’s CQ? No. If you are fishing in a directed flatfish fishery and checked-out of the Rockfish Program fisheries, you are not fishing under the authority of a CQ permit. Groundfish harvests would not be debited against the rockfish cooperative’s CQ permit. In this case, any catch of halibut would be attributed to the halibut PSC limit for that directed target fishery and gear type and any applicable sideboard limit. (xxiv) Can my rockfish cooperative negotiate prices for me? The rockfish cooperatives formed under the Rockfish Program are intended to conduct and coordinate harvest activities for their members. Rockfish cooperatives formed under the Rockfish Program are subject to existing antitrust laws. Collective price negotiation by a rockfish cooperative must be conducted in accordance with existing antitrust laws. (xxv) Are there any special reporting requirements? Yes, each year a rockfish cooperative must submit an annual rockfish cooperative report to NMFS by December 15 of that year. See § 679.5(r)(6) for the reporting requirements. (xxvi) What is required in the annual rockfish cooperative report? The annual rockfish cooperative report must include at a minimum: (A) The rockfish cooperative’s CQ, sideboard limit (if applicable), and any rockfish sideboard fishery harvests made by the vessels in the rockfish cooperative on a vessel-by-vessel basis; (B) The rockfish cooperative’s actual retained and discarded catch of CQ, and sideboard limit on an area-by-area and vessel-by-vessel basis; (C) A description of the method used by the rockfish cooperative to monitor fisheries in which rockfish cooperative vessels participated; and (D) A description of any civil actions taken by the rockfish cooperative in response to any members that exceeded their allowed catch. [FR Doc. C1–2011–32873 Filed 1–17–12; 8:45 am] pmangrum on DSK3VPTVN1PROD with RULES BILLING CODE 1505–01–D VerDate Mar<15>2010 15:39 Jan 17, 2012 Jkt 226001 PO 00000 Frm 00044 Fmt 4700 Sfmt 9990 E:\FR\FM\18JAR1.SGM 18JAR1

Agencies

[Federal Register Volume 77, Number 11 (Wednesday, January 18, 2012)]
[Rules and Regulations]
[Pages 2478-2480]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: C1-2011-32873]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 110314196-1725-02]
RIN 0648-BA97


Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish 
of the Gulf of Alaska; Amendment 88

Correction


Sec.  679.81  [Corrected]

    In rule document 2011-32873 appearing on pages 81248-81293 in the 
issue of December 27, 2011, make the following correction:
    On pages 81283-81283, the table at Sec.  679.81(i)(3) is reprinted 
in its entirety:

[[Page 2479]]



------------------------------------------------------------------------
                                 Catcher vessel       Catcher/processor
         Requirement                 sector                sector
------------------------------------------------------------------------
(i) Who may join a rockfish   Only persons who hold rockfish QS may join
 cooperative?.                 a rockfish cooperative.
(ii) What is the minimum      No minimum requirement.
 number of LLP licenses that
 must be assigned to form a
 rockfish cooperative?
------------------------------------------------------------------------
(iii) Is an association with  Yes, a rockfish QS    No.
 a rockfish processor          holder may only be
 required?                     a member of a
                               rockfish
                               cooperative formed
                               in association with
                               a rockfish
                               processor. The
                               rockfish
                               cooperative may not
                               receive rockfish CQ
                               unless a shoreside
                               processor eligible
                               to receive rockfish
                               CQ has indicated
                               that it may be
                               willing to receive
                               rockfish CQ from
                               that cooperative in
                               the application for
                               CQ, as described
                               under Sec.
                               679.81, that is
                               submitted by that
                               cooperative.
------------------------------------------------------------------------
(iv) Is a rockfish            No..................  N/A.
 cooperative member required
 to deliver catch to the
 rockfish processor with
 whom the rockfish
 cooperative is associated?
------------------------------------------------------------------------
(v) Is there a minimum        No..................  No.
 amount of rockfish QS that
 must be assigned to a
 rockfish cooperative for it
 to be allowed to form?
------------------------------------------------------------------------
(vi) What is allocated to     CQ for rockfish primary species, rockfish
 the rockfish cooperative?     secondary species, and rockfish halibut
                               PSC, based on the rockfish QS assigned to
                               all of the LLP licenses that are assigned
                               to the cooperative.
------------------------------------------------------------------------
(vii) Is this CQ an           Yes, the members of the rockfish
 exclusive harvest             cooperative have an exclusive harvest
 privilege?.                   privilege to collectively catch this CQ,
                               or a cooperative may transfer all or a
                               portion of this CQ to another rockfish
                               cooperative.
------------------------------------------------------------------------
(viii) Is there a season      Yes, any vessel designated to catch CQ for
 during which designated       a rockfish cooperative is limited to
 vessels may catch CQ?         catching CQ during the season beginning
                               on 1200 hours, A.l.t., on May 1 through
                               1200 hours, A.l.t., on November 15.
------------------------------------------------------------------------
(ix) Can any vessel catch a   No, only vessels that are named on the
 rockfish cooperative's CQ?    application for CQ for that rockfish
                               cooperative may catch the CQ assigned to
                               that rockfish cooperative. A vessel may
                               be assigned to only one rockfish
                               cooperative in a calendar year.
------------------------------------------------------------------------
(x) Can a member of a         No, only the rockfish cooperative's
 rockfish cooperative          designated representative, and not
 transfer CQ individually to   individual members, may transfer its CQ
 another rockfish              to another rockfish cooperative. Any such
 cooperative without the       transfer must be approved by NMFS as
 approval of the other         established under paragraph (i)(4)(ii) of
 members of the rockfish       this section.
 cooperative?
------------------------------------------------------------------------
(xi) Can a rockfish           N/A.................  No, a sideboard
 cooperative in the catcher/                         limit assigned to a
 processor sector transfer                           rockfish
 its sideboard limit?                                cooperative in the
                                                     catcher/processor
                                                     sector is a limit
                                                     applicable to a
                                                     specific rockfish
                                                     cooperative, and
                                                     may not be
                                                     transferred between
                                                     rockfish
                                                     cooperatives.
------------------------------------------------------------------------
(xii) Is there a hired        No, there is no hired master requirement.
 master requirement?.
------------------------------------------------------------------------
(xiii) Can an LLP license be  No, an LLP license may only be assigned to
 assigned to more than one     one rockfish cooperative in a calendar
 rockfish cooperative in a     year. A person holding multiple LLP
 calendar year?                licenses with associated rockfish QS may
                               assign different LLP licenses to
                               different rockfish cooperatives subject
                               to any other restrictions that may apply.
------------------------------------------------------------------------
(xiv) Can a rockfish          Yes.................  N/A.
 processor be associated
 with more than one rockfish
 cooperative?
------------------------------------------------------------------------
(xv) Can an LLP license be    N/A.................  No, each calendar
 assigned to a rockfish                              year an LLP license
 cooperative and opt-out of                          must either be
 participating in a rockfish                         assigned to a
 cooperative?                                        rockfish
                                                     cooperative or opt-
                                                     out.
------------------------------------------------------------------------
(xvi) Which members may       That is determined by the rockfish
 harvest the rockfish          cooperative contract signed by its
 cooperative's CQ?             members. Any violations of this contract
                               by one cooperative member may be subject
                               to civil claims by other members of the
                               rockfish cooperative.
------------------------------------------------------------------------
(xvii) Does a rockfish        Yes, a rockfish cooperative must have a
 cooperative need a            membership agreement or contract that
 contract?                     specifies how the rockfish cooperative
                               intends to harvest its CQ. A copy of this
                               agreement or contract must be submitted
                               to NMFS with the cooperative's
                               application for CQ.
------------------------------------------------------------------------

[[Page 2480]]

 
(xviii) What happens if the   A rockfish cooperative is not authorized
 rockfish cooperative          to catch fish in excess of its CQ and
 exceeds its CQ amount?        must not exceed its CQ amount at the end
                               of the calendar year. Exceeding a CQ is a
                               violation of the Rockfish Program
                               regulations. Each member of the rockfish
                               cooperative is jointly and severally
                               liable for any violations of the Rockfish
                               Program regulations while fishing under
                               authority of a CQ permit. This liability
                               extends to any persons who are hired to
                               catch or receive CQ assigned to a
                               rockfish cooperative. Each member of a
                               rockfish cooperative is responsible for
                               ensuring that all members of the rockfish
                               cooperative comply with all regulations
                               applicable to fishing under the Rockfish
                               Program.
------------------------------------------------------------------------
(xix) Is there a limit on     Yes, see Sec.   679.82(a) for the
 how much CQ a rockfish        provisions that apply.
 cooperative may hold or
 use?
------------------------------------------------------------------------
(xx) Is there a limit on how  Yes, see Sec.   679.82(a) for the
 much CQ a vessel may          provisions that apply.
 harvest?
------------------------------------------------------------------------
(xxi) Is there a requirement  Yes, see Sec.   679.85 for the provisions
 that a rockfish cooperative   that apply.
 pay rockfish cost recovery
 fees?
------------------------------------------------------------------------
(xxii) When does catch count  Any vessel fishing checked-in (and
 against my CQ permit?         therefore fishing under the authority of
                               a CQ permit must count any catch of
                               rockfish primary species, rockfish
                               secondary species, or rockfish halibut
                               PSC against that rockfish cooperative's
                               CQ from May 1 until November 15, or until
                               the effective date of a rockfish
                               cooperative termination of fishing
                               declaration that has been approved by
                               NMFS).
------------------------------------------------------------------------
(xxiii) If my vessel is       No. If you are fishing in a directed
 checked-out and fishing in    flatfish fishery and checked-out of the
 a directed flatfish fishery   Rockfish Program fisheries, you are not
 in the Central GOA and I      fishing under the authority of a CQ
 catch groundfish and          permit. Groundfish harvests would not be
 halibut PSC, does that        debited against the rockfish
 count against the rockfish    cooperative's CQ permit. In this case,
 cooperative's CQ?             any catch of halibut would be attributed
                               to the halibut PSC limit for that
                               directed target fishery and gear type and
                               any applicable sideboard limit.
------------------------------------------------------------------------
(xxiv) Can my rockfish        The rockfish cooperatives formed under the
 cooperative negotiate         Rockfish Program are intended to conduct
 prices for me?                and coordinate harvest activities for
                               their members. Rockfish cooperatives
                               formed under the Rockfish Program are
                               subject to existing antitrust laws.
                               Collective price negotiation by a
                               rockfish cooperative must be conducted in
                               accordance with existing antitrust laws.
------------------------------------------------------------------------
(xxv) Are there any special   Yes, each year a rockfish cooperative must
 reporting requirements?       submit an annual rockfish cooperative
                               report to NMFS by December 15 of that
                               year. See Sec.   679.5(r)(6) for the
                               reporting requirements.
------------------------------------------------------------------------
(xxvi) What is required in    The annual rockfish cooperative report
 the annual rockfish           must include at a minimum:
 cooperative report?
                              (A) The rockfish cooperative's CQ,
                               sideboard limit (if applicable), and any
                               rockfish sideboard fishery harvests made
                               by the vessels in the rockfish
                               cooperative on a vessel-by-vessel basis;
                              (B) The rockfish cooperative's actual
                               retained and discarded catch of CQ, and
                               sideboard limit on an area-by-area and
                               vessel-by-vessel basis;
                              (C) A description of the method used by
                               the rockfish cooperative to monitor
                               fisheries in which rockfish cooperative
                               vessels participated; and
                              (D) A description of any civil actions
                               taken by the rockfish cooperative in
                               response to any members that exceeded
                               their allowed catch.
------------------------------------------------------------------------

[FR Doc. C1-2011-32873 Filed 1-17-12; 8:45 am]
BILLING CODE 1505-01-D