Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Comprehensive Annual Catch Limit Amendment Supplement, 23652-23654 [2012-9600]
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23652
Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Proposed Rules
The EPA believes that this action is
not subject to requirements of Section
12(d) of NTTAA because application of
those requirements would be
inconsistent with the CAA.
ENVIRONMENTAL PROTECTION
AGENCY
Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
Approval and Promulgation of Air
Quality Implementation Plans; Illinois;
Leisure Properties LLC/D/B/A
Crownline Boats; Adjusted Standard
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.
Consistent with EPA guidance
addressing Executive Order 12898, EPA
has determined that this proposed rule
will not have disproportionately high
and adverse human health or
environmental health 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.
States’ EPA-approved PSD and NSR
regulations must meet certain minimum
requirements promulgated by EPA, and
these regulations apply to all affected
populations within the State of
Wisconsin. This action proposes to
disapprove the portions of Wisconsin’s
SIP that do not contain certain EPApromulgated minimum requirements.
AGENCY:
Statutory Authority
The statutory authority for this action
is provided by sections 110 of the CAA,
as amended (42 U.S.C. 7410).
tkelley on DSK3SPTVN1PROD with PROPOSALS
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Ozone, Particulate matter,
Reporting and recordkeeping
requirements.
Dated: April 9, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012–9608 Filed 4–19–12; 8:45 am]
BILLING CODE 6560–50–P
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40 CFR Part 52
FOR FURTHER INFORMATION CONTACT:
[EPA–R05–OAR–2011–0944; FRL–9648–7]
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
EPA is proposing to approve
into the Illinois State Implementation
Plan (SIP) an adjusted standard for
Leisure Properties LLC/D/B/A
Crownline Boats (Crownline) at its West
Frankfort, Illinois facility. On June 10,
2011, the Illinois Environmental
Protection Agency submitted to EPA for
approval an adjustment to the general
rule, Use of Organic Material Rule,
commonly known as the eight pound
per hour rule, as it applies to emissions
of volatile organic matter (VOM) from
Crownline’s manufacturing facility. The
adjusted standard relieves Crownline
from being subject to the general rule for
VOM emissions from its West Frankfort
facility. EPA is proposing to approve
this SIP revision because it will not
interfere with attainment or
maintenance of the ozone National
Ambient Air Quality Standard.
DATES: Comments must be received on
or before May 21, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2011–0944, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: blakley.pamela@epa.gov.
3. Fax: (312) 692–2450.
4. Mail: Pamela Blakley, Chief,
Control Strategies Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley,
Chief, Control Strategies Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604. Such deliveries are only
accepted during the Regional Office
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
Regional Office official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Please see the direct final rule which is
located in the Final Rules section of this
SUMMARY:
PO 00000
Frm 00016
Fmt 4702
Federal Register for detailed
instructions on how to submit
comments.
Sfmt 4702
Carolyn Persoon, Environmental
Engineer, Control Strategies Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–8290,
persoon.carolyn@epa.gov.
SUPPLEMENTARY INFORMATION: In the
Final Rules section of this Federal
Register, EPA is approving the state’s
SIP submittal as a direct final rule
without prior proposal because the
Agency views this as a noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no adverse comments are
received in response to this rule, no
further activity is contemplated. If EPA
receives adverse comments, the direct
final rule will be withdrawn and all
public comments received will be
addressed in a subsequent final rule
based on this proposed rule. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment. For additional information,
see the direct final rule which is located
in the Rules section of this Federal
Register.
Dated: February 29, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012–9495 Filed 4–19–12; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 120409403–2403–01]
RIN 0648–BB93
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic;
Comprehensive Annual Catch Limit
Amendment Supplement
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
E:\FR\FM\20APP1.SGM
20APP1
Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Proposed Rules
Supplemental proposed rule;
request for comments.
ACTION:
NMFS proposes to
supplement the regulations
implementing the Comprehensive
Annual Catch Limit Amendment
(Comprehensive ACL Amendment) for
the Fishery Management Plan for the
Snapper-Grouper Fishery of the South
Atlantic Region (Snapper-Grouper
FMP), as prepared and submitted by the
South Atlantic Fishery Management
Council (Council). The Comprehensive
ACL Amendment specified, in part,
annual catch limits (ACLs) and
accountability measures (AMs) for
species in the Snapper-Grouper FMP. A
final rule implementing the
Comprehensive ACL Amendment was
published in the Federal Register on
March 16, 2012, and is effective on
April 16, 2012. However, after
publishing the final rule, NMFS
discovered that the commercial quota
for greater amberjack (commercial ACL
for greater amberjack), which was
specified in the Comprehensive ACL
Amendment, was inadvertently not
specified in the proposed or final rules.
The intent of this supplemental
proposed rule is to specify the
commercial ACL for greater amberjack,
while maintaining catch levels
consistent with achieving optimum
yield (OY) for the resource.
DATES: Written comments on this
proposed rule must be received no later
than May 7, 2012.
ADDRESSES: You may submit comments
on the supplemental proposed rule
identified by ‘‘NOAA–NMFS–2012–
0039’’ 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: Comments are
specifically sought on the action
contained in the supplemental proposed
rule to revise the greater amberjack
commercial sector quota. 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
tkelley on DSK3SPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Mar<15>2010
16:09 Apr 19, 2012
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comment,’’ then enter ‘‘NOAA–NMFS–
2012–0039’’ in the keyword search and
click on ‘‘search’’. To view posted
comments during the comment period,
enter ‘‘NOAA–NMFS–2012–0039’’ 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 (FEIS), 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%20
FINAL.pdf.
Rick
DeVictor, Southeast Regional Office,
NMFS, telephone: 727–824–5305; email:
rick.devictor@noaa.gov.
SUPPLEMENTARY INFORMATION: The
fishery for snapper-grouper is managed
under the Snapper-Grouper FMP. The
FMP is 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).
FOR FURTHER INFORMATION CONTACT:
Background
Greater amberjack managed under the
FMP is neither overfished nor
undergoing overfishing, and is not in a
rebuilding plan. The 2006 revisions to
the Magnuson-Stevens Act require that
by 2011, for fisheries determined by the
Secretary of Commerce (Secretary) to
not be subject to overfishing, ACLs and
AMs must be established at a level that
prevents overfishing and helps to
achieve OY. These mandates are
intended to ensure fishery resources are
managed for the greatest overall benefit
to the nation, particularly with respect
to providing food production and
recreational opportunities, and
protecting marine ecosystems.
An ACL is the level of annual catch
of a stock or stock complex that is set
to prevent overfishing from occurring.
An ACL that is met or exceeded serves
as the basis for triggering an AM. ACLs
may incorporate management and
scientific uncertainty, and take into
account the amount of data available
and level of vulnerability to overfishing
for each species. Separate ACLs may be
PO 00000
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Fmt 4702
Sfmt 4702
23653
established for each sector of a fishery,
i.e., commercial and recreational.
However, the combined total of both
sector ACLs may not exceed the total
ACL for a species or stock complex.
As specified in the Comprehensive
ACL Amendment, the total ACL for
greater amberjack is 1,968,000 lb
(892,670 kg), round weight. Within the
snapper-grouper fishery of the South
Atlantic, the harvest of greater
amberjack is divided between the
commercial and recreational sectors; the
total ACL is also so divided. The
commercial sector ACL for greater
amberjack is 800,163 lb (362,948 kg),
round weight, or 769,388 lb (348,989
kg), gutted weight, and the recreational
sector ACL is 1,167,837 lb (529,722 kg),
round weight. The commercial quota for
greater amberjack is specified in the
regulations in gutted weight, because
the fishermen are accustomed to the
quota being specified in gutted weight.
The greater amberjack commercial
sector quota proposed through this
rulemaking also serves as the greater
amberjack commercial sector ACL, set
forth in the Comprehensive ACL
Amendment.
However, although it is set out in the
Comprehensive ACL Amendment, the
commercial quota for greater amberjack
was inadvertently omitted from the
proposed and final rules implementing
the Comprehensive ACL. On October,
20, 2011, NMFS published a notice of
availability for the Comprehensive ACL
Amendment and requested public
comment (76 FR 65153). On December
1, 2011, NMFS published a proposed
rule for the Comprehensive ACL
Amendment and requested public
comment (76 FR 74757). Additionally,
on December 30, 2011, NMFS published
an amended proposed rule for the
Comprehensive ACL Amendment
specific to a revised allowable biological
catch (ABC) and a corresponding
reduction to the commercial and
recreational sector ACLs for wreckfish
and requested public comment (76 FR
82264). The Secretary of Commerce
approved the Comprehensive ACL
Amendment on January 18, 2012. The
final rule to implement the
Comprehensive ACL Amendment was
published on March 16, 2012 (77 FR
15916).
In the proposed rule, the revised
commercial quota for greater amberjack
referenced in 50 CFR 622.49(b)(11)(i)(A)
was inadvertently left unrevised in the
commercial quota section in 50 CFR
622.42(e)(3). Therefore the final rule
also left the commercial quota for
greater amberjack unrevised. This
supplemental proposed rule would
E:\FR\FM\20APP1.SGM
20APP1
23654
Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Proposed Rules
revise the commercial quota for greater
amberjack.
Management Measure Contained in
This Proposed Rule
Greater Amberjack Commercial Quota
The final rule to implement the
Comprehensive ACL Amendment (77
FR 15916, March 16, 2012)
implemented ACLs and AMs for greater
amberjack. However, as noted above,
NMFS inadvertently failed to revise the
commercial quota for greater amberjack.
Because the commercial quota serves as
the commercial sector ACL, which acts
as the trigger for the commercial sector’s
AM, without the revised commercial
quota, the commercial sector ACL is
incomplete. This rule would revise the
greater amberjack commercial quota to
accurately reflect the actions within the
amendment and meet the intent of the
Council. This rule reduces the current
commercial sector quota of 1,169,931 lb
(530,672 kg), gutted weight, to 769,388
lb (348,989 kg), gutted weight.
tkelley on DSK3SPTVN1PROD with PROPOSALS
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this proposed rule is consistent
with the Comprehensive ACL
Amendment, other provisions of the
Magnuson-Stevens Act, and other
applicable law, subject to further
consideration after public comment.
This proposed 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 that the
final rule to implement the
Comprehensive ACL Amendment
would not have a significant economic
impact on a substantial number of small
entities. The purpose of this proposed
rule, as described in the preamble, is to
revise the commercial greater amberjack
quota that was inadvertently not revised
in the final rule implementing the
Comprehensive ACL Amendment (77
FR 15916, March 16, 2012), consistent
with the intent of the Council. The
effects of the commercial quota, 800,163
lb (362,948 kg), round weight, or
769,388 lb (348,989 kg), gutted weight,
were fully described in the
Comprehensive ACL Amendment. This
revised commercial quota is
approximately 400,000 lb (181,437 kg),
gutted weight, less than the existing
commercial quota. However, the average
annual commercial greater amberjack
harvest for 2005 to 2009 was only
690,725 lb (313,308 kg), gutted weight,
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16:09 Apr 19, 2012
Jkt 226001
which is substantially less than the
existing commercial quota, and which is
still less than the quota proposed here.
Because the new commercial quota
would be more than the average annual
commercial greater amberjack harvest,
the specification of the new quota is not
expected to have any direct adverse
economic effects on the commercial
harvesters of greater amberjack or
associated industries. These results and
conclusions were provided in the
Comprehensive ACL Amendment. The
Classification section of the proposed
rule (76 FR 74757, December 1, 2011)
and the final rule (77 FR 15916, March
16, 2012) implementing the
Comprehensive ACL Amendment,
however, focused on the actions which
were expected to have direct adverse
economic effects on small entities.
Because the revision of the greater
amberjack commercial quota
(commercial ACL) is not expected to
have any direct adverse economic
effects on small entities, no reference to,
or discussion of the expected economic
effects of this revision was included in
the Classification sections of these two
rules.
In summary, this proposed rule, if
implemented, would simply correct an
administrative oversight in a previous
rulemaking. For the reasons above, if
implemented this rule will not have a
significant economic impact on a
substantial number of small entities.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico,
Reporting and recordkeeping
requirements, Virgin Islands.
Dated: April 17, 2012.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622 is proposed
to be 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, paragraph (e)(3) is
revised to read as follows:
§ 622.42
*
PO 00000
Quotas.
*
*
(e) * * *
Frm 00018
*
Fmt 4702
*
Sfmt 4702
(3) Greater amberjack—769,388 lb
(348,989 kg).
*
*
*
*
*
[FR Doc. 2012–9600 Filed 4–19–12; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 665
[Docket No. 110909578–1582–01]
RIN 0648–BB45
Western Pacific Pelagic Fisheries;
Modification of American Samoa Large
Vessel Prohibited Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes to modify
certain boundaries of the large fishing
vessel prohibited area around Tutuila,
the Manua Islands, and Rose Atoll in
American Samoa to align with the
boundaries of the Rose Atoll Marine
National Monument. The proposed
action would simplify enforcement and
administration of the management area.
DATES: NMFS must receive comments
on the proposed rule by May 11, 2012.
ADDRESSES: You may send comments on
the proposed rule, identified by NOAA–
NMFS–2011–0226, to either of the
following addresses:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal
www.regulations.gov; or
• Mail: Michael D. Tosatto, Regional
Administrator, NMFS, Pacific Islands
Region (PIR), 1601 Kapiolani Blvd.,
Suite 1110, Honolulu, HI 96814–4700.
Instructions: You must send any
comments to one of the above two
addresses to ensure that NMFS receives,
documents, and considers the
comments. Comments sent to any other
address or individual, or received after
the end of the comment period, may not
be considered. All comments received
are a part of the public record and
NMFS will generally post them to
www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.) submitted
voluntarily by the commenter may be
publicly accessible. Do not submit
confidential business information, or
otherwise sensitive or protected
information. NMFS will accept
SUMMARY:
E:\FR\FM\20APP1.SGM
20APP1
]]>Agencies
[Federal Register Volume 77, Number 77 (Friday, April 20, 2012)]
[Proposed Rules]
[Pages 23652-23654]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9600]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120409403-2403-01]
RIN 0648-BB93
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Comprehensive Annual Catch Limit Amendment Supplement
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 23653]]
ACTION: Supplemental proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to supplement the regulations implementing the
Comprehensive Annual Catch Limit Amendment (Comprehensive ACL
Amendment) for the Fishery Management Plan for the Snapper-Grouper
Fishery of the South Atlantic Region (Snapper-Grouper FMP), as prepared
and submitted by the South Atlantic Fishery Management Council
(Council). The Comprehensive ACL Amendment specified, in part, annual
catch limits (ACLs) and accountability measures (AMs) for species in
the Snapper-Grouper FMP. A final rule implementing the Comprehensive
ACL Amendment was published in the Federal Register on March 16, 2012,
and is effective on April 16, 2012. However, after publishing the final
rule, NMFS discovered that the commercial quota for greater amberjack
(commercial ACL for greater amberjack), which was specified in the
Comprehensive ACL Amendment, was inadvertently not specified in the
proposed or final rules. The intent of this supplemental proposed rule
is to specify the commercial ACL for greater amberjack, while
maintaining catch levels consistent with achieving optimum yield (OY)
for the resource.
DATES: Written comments on this proposed rule must be received no later
than May 7, 2012.
ADDRESSES: You may submit comments on the supplemental proposed rule
identified by ``NOAA-NMFS-2012-0039'' 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: Comments are specifically sought on the action
contained in the supplemental proposed rule to revise the greater
amberjack commercial sector quota. 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-2012-0039'' in the keyword search and click on ``search''. To view
posted comments during the comment period, enter ``NOAA-NMFS-2012-
0039'' 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 (FEIS), 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.
FOR FURTHER INFORMATION CONTACT: Rick DeVictor, Southeast Regional
Office, NMFS, telephone: 727-824-5305; email: rick.devictor@noaa.gov.
SUPPLEMENTARY INFORMATION: The fishery for snapper-grouper is managed
under the Snapper-Grouper FMP. The FMP is 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
Greater amberjack managed under the FMP is neither overfished nor
undergoing overfishing, and is not in a rebuilding plan. The 2006
revisions to the Magnuson-Stevens Act require that by 2011, for
fisheries determined by the Secretary of Commerce (Secretary) to not be
subject to overfishing, ACLs and AMs must be established at a level
that prevents overfishing and helps to achieve OY. These mandates are
intended to ensure fishery resources are managed for the greatest
overall benefit to the nation, particularly with respect to providing
food production and recreational opportunities, and protecting marine
ecosystems.
An ACL is the level of annual catch of a stock or stock complex
that is set to prevent overfishing from occurring. An ACL that is met
or exceeded serves as the basis for triggering an AM. ACLs may
incorporate management and scientific uncertainty, and take into
account the amount of data available and level of vulnerability to
overfishing for each species. Separate ACLs may be established for each
sector of a fishery, i.e., commercial and recreational. However, the
combined total of both sector ACLs may not exceed the total ACL for a
species or stock complex.
As specified in the Comprehensive ACL Amendment, the total ACL for
greater amberjack is 1,968,000 lb (892,670 kg), round weight. Within
the snapper-grouper fishery of the South Atlantic, the harvest of
greater amberjack is divided between the commercial and recreational
sectors; the total ACL is also so divided. The commercial sector ACL
for greater amberjack is 800,163 lb (362,948 kg), round weight, or
769,388 lb (348,989 kg), gutted weight, and the recreational sector ACL
is 1,167,837 lb (529,722 kg), round weight. The commercial quota for
greater amberjack is specified in the regulations in gutted weight,
because the fishermen are accustomed to the quota being specified in
gutted weight. The greater amberjack commercial sector quota proposed
through this rulemaking also serves as the greater amberjack commercial
sector ACL, set forth in the Comprehensive ACL Amendment.
However, although it is set out in the Comprehensive ACL Amendment,
the commercial quota for greater amberjack was inadvertently omitted
from the proposed and final rules implementing the Comprehensive ACL.
On October, 20, 2011, NMFS published a notice of availability for the
Comprehensive ACL Amendment and requested public comment (76 FR 65153).
On December 1, 2011, NMFS published a proposed rule for the
Comprehensive ACL Amendment and requested public comment (76 FR 74757).
Additionally, on December 30, 2011, NMFS published an amended proposed
rule for the Comprehensive ACL Amendment specific to a revised
allowable biological catch (ABC) and a corresponding reduction to the
commercial and recreational sector ACLs for wreckfish and requested
public comment (76 FR 82264). The Secretary of Commerce approved the
Comprehensive ACL Amendment on January 18, 2012. The final rule to
implement the Comprehensive ACL Amendment was published on March 16,
2012 (77 FR 15916).
In the proposed rule, the revised commercial quota for greater
amberjack referenced in 50 CFR 622.49(b)(11)(i)(A) was inadvertently
left unrevised in the commercial quota section in 50 CFR 622.42(e)(3).
Therefore the final rule also left the commercial quota for greater
amberjack unrevised. This supplemental proposed rule would
[[Page 23654]]
revise the commercial quota for greater amberjack.
Management Measure Contained in This Proposed Rule
Greater Amberjack Commercial Quota
The final rule to implement the Comprehensive ACL Amendment (77 FR
15916, March 16, 2012) implemented ACLs and AMs for greater amberjack.
However, as noted above, NMFS inadvertently failed to revise the
commercial quota for greater amberjack. Because the commercial quota
serves as the commercial sector ACL, which acts as the trigger for the
commercial sector's AM, without the revised commercial quota, the
commercial sector ACL is incomplete. This rule would revise the greater
amberjack commercial quota to accurately reflect the actions within the
amendment and meet the intent of the Council. This rule reduces the
current commercial sector quota of 1,169,931 lb (530,672 kg), gutted
weight, to 769,388 lb (348,989 kg), gutted weight.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the Comprehensive ACL Amendment, other provisions of
the Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment.
This proposed 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 that the final rule to implement the Comprehensive ACL
Amendment would not have a significant economic impact on a substantial
number of small entities. The purpose of this proposed rule, as
described in the preamble, is to revise the commercial greater
amberjack quota that was inadvertently not revised in the final rule
implementing the Comprehensive ACL Amendment (77 FR 15916, March 16,
2012), consistent with the intent of the Council. The effects of the
commercial quota, 800,163 lb (362,948 kg), round weight, or 769,388 lb
(348,989 kg), gutted weight, were fully described in the Comprehensive
ACL Amendment. This revised commercial quota is approximately 400,000
lb (181,437 kg), gutted weight, less than the existing commercial
quota. However, the average annual commercial greater amberjack harvest
for 2005 to 2009 was only 690,725 lb (313,308 kg), gutted weight, which
is substantially less than the existing commercial quota, and which is
still less than the quota proposed here. Because the new commercial
quota would be more than the average annual commercial greater
amberjack harvest, the specification of the new quota is not expected
to have any direct adverse economic effects on the commercial
harvesters of greater amberjack or associated industries. These results
and conclusions were provided in the Comprehensive ACL Amendment. The
Classification section of the proposed rule (76 FR 74757, December 1,
2011) and the final rule (77 FR 15916, March 16, 2012) implementing the
Comprehensive ACL Amendment, however, focused on the actions which were
expected to have direct adverse economic effects on small entities.
Because the revision of the greater amberjack commercial quota
(commercial ACL) is not expected to have any direct adverse economic
effects on small entities, no reference to, or discussion of the
expected economic effects of this revision was included in the
Classification sections of these two rules.
In summary, this proposed rule, if implemented, would simply
correct an administrative oversight in a previous rulemaking. For the
reasons above, if implemented this rule will not have a significant
economic impact on a substantial number of small entities.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: April 17, 2012.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is
proposed to be 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, paragraph (e)(3) is revised to read as follows:
Sec. 622.42 Quotas.
* * * * *
(e) * * *
(3) Greater amberjack--769,388 lb (348,989 kg).
* * * * *
[FR Doc. 2012-9600 Filed 4-19-12; 8:45 am]
BILLING CODE 3510-22-P
