Fisheries of the Northeastern United States; Summer Flounder, Scup, and Black Sea Bass Fisheries; Final 2012 Summer Flounder, Scup, and Black Sea Bass Specifications, 24151-24154 [2012-9755]
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Federal Register / Vol. 77, No. 78 / Monday, April 23, 2012 / Rules and Regulations
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Initial covered source permit
application.
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11–60.1–84 ...............................
Duty to supplement or correct
permit applications.
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Temporary covered source
permits.
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11–60.1–92 ...............................
Covered source general permits.
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Federally-enforceable permit
terms and conditions.
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Public participation ..................
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Applications for minor modifications.
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modifications.
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BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 120412408–2408–01]
RIN 0648–XA795
Fisheries of the Northeastern United
States; Summer Flounder, Scup, and
Black Sea Bass Fisheries; Final 2012
Summer Flounder, Scup, and Black
Sea Bass Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS is implementing final
specifications, which consist of catch
levels and management measures, for
the 2012 summer flounder, scup, and
black sea bass fisheries. The
specifications are necessary to ensure
the three species are not overfished or
subject to overfishing in 2012. This final
rule makes no changes to the interim
specifications implemented on January
1, 2012, which were established using
the best available scientific information.
DATES: Effective April 23, 2012, through
December 31, 2012.
WREIER-AVILES on DSK5TPTVN1PROD with RULES
SUMMARY:
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Copies of the 2012
specifications document, which
includes an Environmental Assessment
(EA), are available from Daniel S.
Morris, Acting Northeast Regional
Administrator, National Marine
Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930. This
document is also accessible via the
Internet at https://www.nero.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Moira Kelly, Fishery Policy Analyst,
(978) 281–9218.
SUPPLEMENTARY INFORMATION: On
December 30, 2011 (76 FR 82189),
NMFS published interim specifications
for the summer flounder, scup, and
black sea bass fisheries, including
commercial quotas, recreational harvest
limits, and, as appropriate, commercial
possession limits. These interim
specifications were effective on January
1, 2012, through December 31, 2012.
The background and rationale
supporting the interim specifications
can be found in the preamble to the
interim final rule cited above and are
not repeated here.
As discussed in the interim final rule
cited above, on December 14, 2011, the
Mid-Atlantic Fishery Management
Council (Council), and its Scientific and
Statistical Committee (SSC), met to
reconsider new stock assessment
information on scup and summer
flounder and to develop revised
recommendations to NMFS for the 2012
specifications. The Council’s revised
recommendations are consistent with
ADDRESSES:
[FR Doc. 2012–9705 Filed 4–20–12; 8:45 am]
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Explanation
Supersedes 11–60–03, 11–
60–05, 11–60–07, 11–60–
08, 11–60–12.
New regulation.
New regulation.
New regulation.
New regulation.
New regulation.
New regulation.
New regulation.
the measures implemented by NMFS in
the interim final rule, so no changes to
the interim specifications are necessary
to address the Council’s action.
As part of the interim final rule,
NMFS solicited comment on the interim
measures and acknowledged that it may
adjust, as needed, the final 2012
specifications based on the Council’s
recommendations and public comment
on the interim measures. During the 30day comment period on the interim
final rule, NMFS received three
comments. These comments are
addressed later in this final rule, but
none warrant any changes to the interim
specifications. Therefore, this final rule
makes no changes to the measures
implemented on January 1, 2012, for the
2012 fishing year, which remain as
follows:
Summer Flounder
The updated stock assessment
overfishing limit (OFL) is 31,588,000 lb
(14,328 mt). The projected 2012
spawning stock biomass (SSB) is
134,667,008 lb (61,084 mt), above the
SSBMSY (where MSY means maximum
sustainable yield) level of 132,440,000
lb (60,074 mt). Thus, the B/BMSY ratio is
1.01. Applying the Council’s risk policy
results in an overfishing risk tolerance
(P*) of 0.40, or a 40-percent risk of
overfishing the summer flounder stock.
Using this information, the resulting
acceptable biological catch (ABC)
remains 25,581,054 lb (11,603 mt),
Consistent with § 648.102(a), for
summer flounder, the sum of the
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Federal Register / Vol. 77, No. 78 / Monday, April 23, 2012 / Rules and Regulations
recreational and commercial sector
annual catch limits (ACLs) is equal to
ABC. ACL is an expression of total catch
(i.e., landings and dead discarded fish).
To derive the ACLs, the sum of the
sector-specific estimated discards is
removed from the ABC to derive the
landing allowance. The resulting
landing allowance is apportioned to the
commercial and recreational sectors by
applying the FMP allocation criteria: 60
percent to the commercial fishery and
40 percent to the recreational fishery.
Using this method ensures that each
sector is accountable for its respective
discards, rather than simply
apportioning the ABC by the allocation
percentages to derive the sector ACLs.
This means that the derived ACLs are
not split exactly at 60/40; however, the
landing portions of the ACLs do
preserve the 60/40 allocation split,
consistent with the FMP. As a result of
this apportionment, the commercial
ACL remains 14,002,000 lb (6,351 mt)
and the recreational ACL remains
11,579,000 lb (5,252 mt).
After deducting sector specific
discards from the ACLs (459,000 lb (208
mt) for the commercial fishery, and
commercial quota transferred to date
between NC and VA.1
Table 1 indicates that, for Delaware,
the amount of overharvest from
previous years is greater than the
amount of commercial quota allocated
to Delaware for 2012. As a result, there
is no quota available for 2012 in
Delaware. The regulations at § 648.4(b)
provide that Federal permit holders, as
a condition of their permit, must not
land summer flounder in any state that
the Administrator, Northeast Region,
NMFS, has determined no longer has
commercial quota available for harvest.
Therefore, landings of summer flounder
in Delaware by vessels holding
commercial Federal summer flounder
permits remain prohibited for the 2012
calendar year, unless additional quota
becomes available through a quota
transfer and is announced in the
Federal Register. Federally permitted
dealers are advised that they may not
purchase summer flounder from
federally permitted vessels that land in
Delaware for the 2012 calendar year,
unless additional quota becomes
available through a transfer, as
mentioned above.
2,550,000 lb (1,157 mt) for the
recreational fishery), and deducting the
approved research set-aside of 677,128
lb (307 mt), the resulting commercial
quota remains 12,729,724 lb (5,774 mt),
and the recreational harvest limit
remains 8,487,149 lb (3,850 mt).
Table 1 presents the final allocations
of summer flounder by state. Consistent
with the revised quota setting
procedures for the FMP (67 FR 6877,
February 14, 2002), summer flounder
overages are determined based upon
landings for the period January-October
2011, plus any previously unaccounted
for overages from January-December
2010. The interim final rule accounted
for overages in NY and DE, and no new
information is incorporated here;
therefore, the overages presented below
in Table 1 are the same as those in the
interim final rule. The final allocations
presented in this final rule would be
exactly the same as in the interim final
rule except that two states, NC and VA,
requested two transfers of commercial
quota in the intervening months since
the interim final rule was published. To
account for these transfers, Table 1 also
indicates the total amounts of
TABLE 1—FINAL STATE-BY-STATE COMMERCIAL SUMMER FLOUNDER ALLOCATIONS FOR 2012
State
Initial quota,
less RSA
FMP
Percent
share
lb
2011 Quota overages
(through 10/31/11)
kg
lb
2012 Quota transfers
(through 4/3/12)
kg
lb
2011 Final quotas,
accounting for RSA,
overages, and transfers to
date
kg
lb
kg
ME .............................................
NH .............................................
MA .............................................
RI ...............................................
CT ..............................................
NY .............................................
NJ ..............................................
DE .............................................
MD .............................................
VA ..............................................
NC .............................................
0.04756
0.00046
6.82046
15.68298
2.25708
7.64699
16.72499
0.01779
2.03910
21.31676
27.44584
6,054
59
868,226
1,996,400
287,320
973,441
2,129,045
2,265
259,572
2,713,565
3,493,779
2,746
27
393,827
905,567
130,328
441,553
965,735
1,027
117,742
1,230,873
1,584,778
0
0
0
0
0
50,736
0
54,982
0
0
0
0
0
0
0
0
23,014
0
24,940
0
0
0
0
0
0
0
0
0
0
0
0
1,710,359
¥1,710,359
0
0
0
0
0
0
0
0
0
775,806
¥775,806
6,054
59
868,226
1,996,400
287,320
922,705
2,129,045
¥52,717
259,572
4,423,924
1,783,420
2,746
27
393,827
905,567
130,328
418,539
965,735
¥23,913
117,742
2,006,658
808,946
Total ...................................
100.00
12,729,724
5,774,203
105,718
47,954
N/A
N/A
12,676,724
5,750,162
Notes: 2011 quota overage is determined through comparison of landings for January through October 2011, plus any landings in 2010 in excess of the 2010
quota (that were not previously addressed in the 2011 specifications) for each state. For Delaware, this includes continued repayment of overharvest from previous
years. Total quota is the sum for all states with an allocation. A state with a negative number has a 2012 allocation of zero (0). Kilograms are as converted from
pounds and may not necessarily add due to rounding.
The OFL for scup, as revised by the
October assessment update, is 50.48
million lb (22,897 mt). The ABC
calculated from the revised OFL using
the SSC’s Level 3 control rule and
applying the Council’s risk policy (P* =
0.4) is 40,879,639 lb (18,543 mt). The
scup management measures at
§ 648.120(a) specify that ABC is equal to
the sum of the commercial and
recreational sector ACLs. Using the
derivation methods specified by the
Council, with the ABC based on the
revised OFL, the commercial sector
ACL/ACT is 31,887,000 lb (14,464 mt),
and the recreational sector ACL/ACT is
8,994,000 lb (4,079 mt). After an RSA of
571,058 lb (259 mt) is removed, the
commercial quota remains 27,908,575 lb
(12,659 mt), and the recreational harvest
limit remains 8,446,367 lb (3,831 mt).
The scup commercial quota is divided
into three commercial fishery quota
1 For more information on the commercial quota
transfers noted here, please see the following
WREIER-AVILES on DSK5TPTVN1PROD with RULES
periods. There were no previous
commercial overages applicable to the
2012 scup commercial quota. The
period quotas, after deducting for RSA
remain: Winter I (January–April)—45.11
percent, or 12.59 million lb (5,711 mt);
Summer (May–October)—38.95 percent,
10.87 million lb (4,931 mt); and Winter
II (November–December)—15.94
percent, 4.45 million lb (2,018 mt).
Unused Winter I quota is carried over
for use in the Winter II period.
Federal Register documents: 77 FR 14481 (March
12, 2012); and 77 FR 19951 (April 3, 2012).
Scup
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Federal Register / Vol. 77, No. 78 / Monday, April 23, 2012 / Rules and Regulations
Consistent with the recommendation of
the Council, the Winter I possession
limit remains 50,000 lb (22,680 kg) per
trip.
TABLE 2—FINAL COMMERCIAL SCUP QUOTA ALLOCATIONS FOR 2012 BY QUOTA PERIOD
Commercial annual
catch limit
Quota
period
Estimated discards
Percent
share
lb
lb
mt
mt
Initial quota
lb
Initial quota
less overages
(through
10/31/2009)
mt
lb
Adjusted quota less
overages and RSA
lb
Federal possession limits
(per trip)
mt
lb
kg
mt
Winter I ....................
Summer ...................
Winter II ...................
45.11
38.95
15.94
14,384,226
12,419,987
5,082,788
6,525
5,634
2,306
1,593,736
1,376,104
563,160
723
624
255
12,790,489
11,043,883
4,519,628
5,802
5,009
2,050
N/A
N/A
N/A
N/A
N/A
N/A
12,589,558
10,870,390
4,448,627
5,711
4,931
2,018
50,000
N/A
2,000
22,680
N/A
907
Total .................
100.0
31,887,000
14,464
3,533,000
1,603
28,354,000
12,861
N/A
N/A
27,908,575
12,659
N/A
N/A
Notes: The Winter I possession limit will drop to 1,000 lb (454 kg) upon attainment of 80 percent of that period’s allocation. The Winter II possession limit may be
adjusted (in association with a transfer of unused Winter I quota to the Winter II period) via notification in the Federal Register.
Metric tons are as converted from pounds and may not necessarily add due to rounding.
N/A = Not applicable.
Consistent with the unused Winter I
commercial scup quota rollover
provisions at § 648.122(d), this rule
maintains the Winter II possession
limit-to-rollover amount ratios that have
been in place since the 2007 fishing
year, as shown in Table 3. The Winter
II possession limit will increase by
1,500 lb (680 kg) for each 500,000 lb
(227 mt) of unused Winter I period
quota transferred, up to a maximum
possession limit of 8,000 lb (3,629 kg).
TABLE 3—POTENTIAL INCREASE IN WINTER II POSSESSION LIMITS BASED ON THE AMOUNT OF SCUP ROLLED OVER FROM
WINTER I TO WINTER II PERIOD
Initial Winter II possession limit
lb
2,000
2,000
2,000
2,000
2,000
....................................
....................................
....................................
....................................
....................................
Rollover from Winter I to Winter II
kg
lb
907
907
907
907
907
Black Sea Bass
WREIER-AVILES on DSK5TPTVN1PROD with RULES
This final rule maintains the
Council’s recommended measures for
black sea bass: An ABC of 4.5 million
lb (2,041 mt); a commercial ACL and
ACT of 1,980,000 lb (898 mt); a
recreational ACL of 2,520,000 lb (1,143
mt); and a recreational ACT of 1,860,000
lb (844 mt) to mitigate the potential that
the recreational sector ACL will be
exceeded in 2012. Removing discards
from the ACTs produces the total
landings allowed from the 2012 black
sea bass fishery. When the RSA of
92,600 lb (42 mt) is removed, the
remaining available landings remain as
a recreational harvest limit of 1.32
million lb (598 mt) and a commercial
quota of 1.71 million lb (774 mt).
Comments and Responses
As noted above, during the 30-day
comment period on the interim final
rule, NMFS received comment letters
from three entities.
Comment 1: The Connecticut
Department of Environmental Protection
(CT DEP) raised concern about the 2012
scup catch levels; specifically, that such
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Increase in initial Winter II
possession limit
mt
0–499,999
500,000–999,999
1,000,000–1,499,999
1,500,000–1,999,999
2,000,000–2,500,000
lb
0–227
227–454
454–680
680–907
907–1,134
0
1,500
3,000
4,500
6,000
a high commercial catch level, paired
with high possession limits, could flood
the commercial scup market, resulting
in low value for the fish. CT DEP
suggested that recruitment may decline
in the coming years and this would
necessitate a reduction in catch that
could also destabilize the fishery and its
markets. CT DEP also raised concerns
about how commercial discards are
quantified and used in stock
assessments, as well as concerns about
the allocation split between the
commercial and recreational fisheries.
Response: Although there may be
some validity to the concerns raised by
CT DEP regarding high commercial
catch levels and possession limits
causing the value for scup to decline, as
well as a potential future decline in
recruitment, these concerns are too
speculative for NMFS to alter the 2012
specifications for scup, which remain
consistent with the best scientific
information available, are well within
the catch limits recommended by the
Council’s Scientific and Statistical
Committee (SSC), and are consistent
with the recommendations of both the
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kg
0
680
1,361
2,041
2,722
Winter II possession limit
after rollover from Winter I
to Winter II
lb
2,000
3,500
5,000
6,500
8,000
kg
907
1,588
2,268
2,948
3,629
Council and the Atlantic States Marine
Fisheries Commission (Commission). In
response to the concern regarding the
stock assessment, NMFS points out that
the stock assessment information was
vetted through the Council’s SSC, which
determined the information was
sufficiently reliable to establish the
catch limits from which the
specifications are derived. Lastly, as to
the concern regarding the allocation
between the commercial and
recreational fisheries, this is an issue
that would need to be addressed by the
Council and Commission in an
amendment to the Summer Flounder,
Scup, and Black Sea Bass FMP and is
outside the scope of the process of
setting annual specifications.
Comment 2: One comment was
received from a recreational fisherman
who advocated for reallocation of fish
from the commercial to the recreational
fishery, particularly because the number
of commercial operators has declined in
the commenter’s home state of Virginia.
Response: As noted above, the issue
of allocations between the commercial
and recreational fisheries would need to
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Federal Register / Vol. 77, No. 78 / Monday, April 23, 2012 / Rules and Regulations
WREIER-AVILES on DSK5TPTVN1PROD with RULES
be addressed by the Council and
Commission in an amendment to the
FMP. NMFS has no authority to alter the
allocation as part of the annual
specifications process.
Comment 3: The Rhode Island
Division of Fish and Wildlife (RI DFW)
provided extensive comment on the
challenges state agencies face in
administering permits for and tracking
landings associated with the research
set-aside (RSA) program. The RI DFW
recommends that RSA landings be
included as a landing disposition code
in the Northeast Standard Atlantic
Fisheries Information System (SAFIS)
dealer landing reporting system for
improved landing tracking. Several
additional suggestions for improving the
permit issuance, monitoring, and
compliance monitoring of the RSA
program were also provided.
Response: NMFS recognizes that
improvements can always be made in
the administration of the RSA program,
and NMFS also recognizes that the
states may face unique challenges with
this program; however, the Council and
Commission continue to value the RSA
program as an important mechanism to
facilitate research on Council trust
resources. NMFS will explore changes
to the SAFIS system as RI DFW suggest,
but acknowledge at the outset that such
a change is unlikely to completely
capture the information as RI DFW
expects due to the fact that seafood
dealers (who use SAFIS to report
purchases) often do not know whether
landings by a fishing vessel were RSA
landings or not and so could not be
expected to accurately code such
landings as RSA. Because none of these
comments are specifically germane to
the annual specifications, no changes to
the 2012 measures will be made.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this final rule is consistent with the
Summer Flounder, Scup, and Black Sea
Bass FMP, other provisions of the
Magnuson-Stevens Act, and other
applicable law.
The Assistant Administrator finds
good cause under 5 U.S.C. 553(d)(3) to
waive the 30-day delay in effective date
as such a delay is unnecessary. This
final rule makes no changes to the
interim specifications implemented on
January 1, 2012, so any delay in
effectiveness of this final rule has no
effect on the management measures to
which the participants in the summer
flounder, scup, and/or black sea bass
commercial and/or recreational fisheries
are currently subject.
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These final specifications are exempt
from review under Executive Order
12866.
Because prior notice and opportunity
for public comment are not required for
this rule by 5 U.S.C. 553, or any other
law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 17, 2012.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2012–9755 Filed 4–20–12; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 111207737–2141–02]
RIN 0648–XC001
Fisheries of the Economic Exclusive
Zone Off Alaska; Deep-Water Species
Fishery by Vessels Using Trawl Gear in
the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for species that comprise the
deep-water species fishery by vessels
using trawl gear in the Gulf of Alaska
(GOA). This action is necessary because
the second seasonal apportionment of
the Pacific halibut bycatch allowance
specified for the deep-water species
fishery in the GOA has been reached.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), April 19, 2012, through
1200 hrs, A.l.t., July 1, 2012.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of
50 CFR part 600 and 50 CFR part 679.
The second seasonal apportionment
of the Pacific halibut bycatch allowance
SUMMARY:
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specified for the deep-water species
fishery in the GOA is 300 metric tons as
established by the final 2012 and 2013
harvest specifications for groundfish of
the GOA (77 FR 15194, March 14, 2012),
for the period 1200 hrs, A.l.t., April 1,
2012, through 1200 hrs, A.l.t., July 1,
2012.
In accordance with § 679.21(d)(7)(i),
the Administrator, Alaska Region,
NMFS, has determined that the second
seasonal apportionment of the Pacific
halibut bycatch allowance specified for
the trawl deep-water species fishery in
the GOA has been reached.
Consequently, NMFS is prohibiting
directed fishing for the deep-water
species fishery by vessels using trawl
gear in the GOA. The species and
species groups that comprise the deepwater species fishery include sablefish,
rockfish, deep-water flatfish, rex sole,
and arrowtooth flounder. This closure
does not apply to fishing by vessels
participating in the cooperative fishery
in the Rockfish Program for the Central
GOA.
After the effective date of this closure
the maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Acting Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the closure of the deep-water
species fishery by vessels using trawl
gear in the GOA. NMFS was unable to
publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of April 17, 2012.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.21
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
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23APR1
]]>Agencies
[Federal Register Volume 77, Number 78 (Monday, April 23, 2012)]
[Rules and Regulations]
[Pages 24151-24154]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9755]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 120412408-2408-01]
RIN 0648-XA795
Fisheries of the Northeastern United States; Summer Flounder,
Scup, and Black Sea Bass Fisheries; Final 2012 Summer Flounder, Scup,
and Black Sea Bass Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS is implementing final specifications, which consist of
catch levels and management measures, for the 2012 summer flounder,
scup, and black sea bass fisheries. The specifications are necessary to
ensure the three species are not overfished or subject to overfishing
in 2012. This final rule makes no changes to the interim specifications
implemented on January 1, 2012, which were established using the best
available scientific information.
DATES: Effective April 23, 2012, through December 31, 2012.
ADDRESSES: Copies of the 2012 specifications document, which includes
an Environmental Assessment (EA), are available from Daniel S. Morris,
Acting Northeast Regional Administrator, National Marine Fisheries
Service, 55 Great Republic Drive, Gloucester, MA 01930. This document
is also accessible via the Internet at https://www.nero.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Moira Kelly, Fishery Policy Analyst,
(978) 281-9218.
SUPPLEMENTARY INFORMATION: On December 30, 2011 (76 FR 82189), NMFS
published interim specifications for the summer flounder, scup, and
black sea bass fisheries, including commercial quotas, recreational
harvest limits, and, as appropriate, commercial possession limits.
These interim specifications were effective on January 1, 2012, through
December 31, 2012. The background and rationale supporting the interim
specifications can be found in the preamble to the interim final rule
cited above and are not repeated here.
As discussed in the interim final rule cited above, on December 14,
2011, the Mid-Atlantic Fishery Management Council (Council), and its
Scientific and Statistical Committee (SSC), met to reconsider new stock
assessment information on scup and summer flounder and to develop
revised recommendations to NMFS for the 2012 specifications. The
Council's revised recommendations are consistent with the measures
implemented by NMFS in the interim final rule, so no changes to the
interim specifications are necessary to address the Council's action.
As part of the interim final rule, NMFS solicited comment on the
interim measures and acknowledged that it may adjust, as needed, the
final 2012 specifications based on the Council's recommendations and
public comment on the interim measures. During the 30-day comment
period on the interim final rule, NMFS received three comments. These
comments are addressed later in this final rule, but none warrant any
changes to the interim specifications. Therefore, this final rule makes
no changes to the measures implemented on January 1, 2012, for the 2012
fishing year, which remain as follows:
Summer Flounder
The updated stock assessment overfishing limit (OFL) is 31,588,000
lb (14,328 mt). The projected 2012 spawning stock biomass (SSB) is
134,667,008 lb (61,084 mt), above the SSBMSY (where MSY
means maximum sustainable yield) level of 132,440,000 lb (60,074 mt).
Thus, the B/BMSY ratio is 1.01. Applying the Council's risk
policy results in an overfishing risk tolerance (P*) of 0.40, or a 40-
percent risk of overfishing the summer flounder stock. Using this
information, the resulting acceptable biological catch (ABC) remains
25,581,054 lb (11,603 mt),
Consistent with Sec. 648.102(a), for summer flounder, the sum of
the
[[Page 24152]]
recreational and commercial sector annual catch limits (ACLs) is equal
to ABC. ACL is an expression of total catch (i.e., landings and dead
discarded fish). To derive the ACLs, the sum of the sector-specific
estimated discards is removed from the ABC to derive the landing
allowance. The resulting landing allowance is apportioned to the
commercial and recreational sectors by applying the FMP allocation
criteria: 60 percent to the commercial fishery and 40 percent to the
recreational fishery. Using this method ensures that each sector is
accountable for its respective discards, rather than simply
apportioning the ABC by the allocation percentages to derive the sector
ACLs. This means that the derived ACLs are not split exactly at 60/40;
however, the landing portions of the ACLs do preserve the 60/40
allocation split, consistent with the FMP. As a result of this
apportionment, the commercial ACL remains 14,002,000 lb (6,351 mt) and
the recreational ACL remains 11,579,000 lb (5,252 mt).
After deducting sector specific discards from the ACLs (459,000 lb
(208 mt) for the commercial fishery, and 2,550,000 lb (1,157 mt) for
the recreational fishery), and deducting the approved research set-
aside of 677,128 lb (307 mt), the resulting commercial quota remains
12,729,724 lb (5,774 mt), and the recreational harvest limit remains
8,487,149 lb (3,850 mt).
Table 1 presents the final allocations of summer flounder by state.
Consistent with the revised quota setting procedures for the FMP (67 FR
6877, February 14, 2002), summer flounder overages are determined based
upon landings for the period January-October 2011, plus any previously
unaccounted for overages from January-December 2010. The interim final
rule accounted for overages in NY and DE, and no new information is
incorporated here; therefore, the overages presented below in Table 1
are the same as those in the interim final rule. The final allocations
presented in this final rule would be exactly the same as in the
interim final rule except that two states, NC and VA, requested two
transfers of commercial quota in the intervening months since the
interim final rule was published. To account for these transfers, Table
1 also indicates the total amounts of commercial quota transferred to
date between NC and VA.\1\
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\1\ For more information on the commercial quota transfers noted
here, please see the following Federal Register documents: 77 FR
14481 (March 12, 2012); and 77 FR 19951 (April 3, 2012).
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Table 1 indicates that, for Delaware, the amount of overharvest
from previous years is greater than the amount of commercial quota
allocated to Delaware for 2012. As a result, there is no quota
available for 2012 in Delaware. The regulations at Sec. 648.4(b)
provide that Federal permit holders, as a condition of their permit,
must not land summer flounder in any state that the Administrator,
Northeast Region, NMFS, has determined no longer has commercial quota
available for harvest. Therefore, landings of summer flounder in
Delaware by vessels holding commercial Federal summer flounder permits
remain prohibited for the 2012 calendar year, unless additional quota
becomes available through a quota transfer and is announced in the
Federal Register. Federally permitted dealers are advised that they may
not purchase summer flounder from federally permitted vessels that land
in Delaware for the 2012 calendar year, unless additional quota becomes
available through a transfer, as mentioned above.
Table 1--Final State-by-State Commercial Summer Flounder Allocations for 2012
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Initial quota, less RSA 2011 Quota overages 2012 Quota transfers 2011 Final quotas,
-------------------------- (through 10/31/11) (through 4/3/12) accounting for RSA,
FMP Percent ---------------------------------------------------- overages, and transfers
State share to date
lb kg lb kg lb kg -------------------------
lb kg
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ME................................. 0.04756 6,054 2,746 0 0 0 0 6,054 2,746
NH................................. 0.00046 59 27 0 0 0 0 59 27
MA................................. 6.82046 868,226 393,827 0 0 0 0 868,226 393,827
RI................................. 15.68298 1,996,400 905,567 0 0 0 0 1,996,400 905,567
CT................................. 2.25708 287,320 130,328 0 0 0 0 287,320 130,328
NY................................. 7.64699 973,441 441,553 50,736 23,014 0 0 922,705 418,539
NJ................................. 16.72499 2,129,045 965,735 0 0 0 0 2,129,045 965,735
DE................................. 0.01779 2,265 1,027 54,982 24,940 0 0 -52,717 -23,913
MD................................. 2.03910 259,572 117,742 0 0 0 0 259,572 117,742
VA................................. 21.31676 2,713,565 1,230,873 0 0 1,710,359 775,806 4,423,924 2,006,658
NC................................. 27.44584 3,493,779 1,584,778 0 0 -1,710,359 -775,806 1,783,420 808,946
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Total.......................... 100.00 12,729,724 5,774,203 105,718 47,954 N/A N/A 12,676,724 5,750,162
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Notes: 2011 quota overage is determined through comparison of landings for January through October 2011, plus any landings in 2010 in excess of the 2010
quota (that were not previously addressed in the 2011 specifications) for each state. For Delaware, this includes continued repayment of overharvest
from previous years. Total quota is the sum for all states with an allocation. A state with a negative number has a 2012 allocation of zero (0).
Kilograms are as converted from pounds and may not necessarily add due to rounding.
Scup
The OFL for scup, as revised by the October assessment update, is
50.48 million lb (22,897 mt). The ABC calculated from the revised OFL
using the SSC's Level 3 control rule and applying the Council's risk
policy (P* = 0.4) is 40,879,639 lb (18,543 mt). The scup management
measures at Sec. 648.120(a) specify that ABC is equal to the sum of
the commercial and recreational sector ACLs. Using the derivation
methods specified by the Council, with the ABC based on the revised
OFL, the commercial sector ACL/ACT is 31,887,000 lb (14,464 mt), and
the recreational sector ACL/ACT is 8,994,000 lb (4,079 mt). After an
RSA of 571,058 lb (259 mt) is removed, the commercial quota remains
27,908,575 lb (12,659 mt), and the recreational harvest limit remains
8,446,367 lb (3,831 mt).
The scup commercial quota is divided into three commercial fishery
quota periods. There were no previous commercial overages applicable to
the 2012 scup commercial quota. The period quotas, after deducting for
RSA remain: Winter I (January-April)--45.11 percent, or 12.59 million
lb (5,711 mt); Summer (May-October)--38.95 percent, 10.87 million lb
(4,931 mt); and Winter II (November-December)--15.94 percent, 4.45
million lb (2,018 mt). Unused Winter I quota is carried over for use in
the Winter II period.
[[Page 24153]]
Consistent with the recommendation of the Council, the Winter I
possession limit remains 50,000 lb (22,680 kg) per trip.
Table 2--Final Commercial Scup Quota Allocations for 2012 by Quota Period
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Commercial annual Estimated discards Initial quota Initial Adjusted quota less Federal
catch limit -------------------------------------------- quota less overages and RSA possession
---------------------- overages ---------------------- limits (per
Quota period Percent (through 10/ trip)
share lb mt lb mt 31/2009) -----------------
lb mt -------------- lb mt
lb mt lb kg
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Winter I...................................................... 45.11 14,384,226 6,525 1,593,736 723 12,790,489 5,802 N/A N/A 12,589,558 5,711 50,000 22,680
Summer........................................................ 38.95 12,419,987 5,634 1,376,104 624 11,043,883 5,009 N/A N/A 10,870,390 4,931 N/A N/A
Winter II..................................................... 15.94 5,082,788 2,306 563,160 255 4,519,628 2,050 N/A N/A 4,448,627 2,018 2,000 907
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Total..................................................... 100.0 31,887,000 14,464 3,533,000 1,603 28,354,000 12,861 N/A N/A 27,908,575 12,659 N/A N/A
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Notes: The Winter I possession limit will drop to 1,000 lb (454 kg) upon attainment of 80 percent of that period's allocation. The Winter II possession limit may be adjusted (in association
with a transfer of unused Winter I quota to the Winter II period) via notification in the Federal Register.
Metric tons are as converted from pounds and may not necessarily add due to rounding.
N/A = Not applicable.
Consistent with the unused Winter I commercial scup quota rollover
provisions at Sec. 648.122(d), this rule maintains the Winter II
possession limit-to-rollover amount ratios that have been in place
since the 2007 fishing year, as shown in Table 3. The Winter II
possession limit will increase by 1,500 lb (680 kg) for each 500,000 lb
(227 mt) of unused Winter I period quota transferred, up to a maximum
possession limit of 8,000 lb (3,629 kg).
Table 3--Potential Increase in Winter II Possession Limits Based on the Amount of Scup Rolled Over From Winter I to Winter II Period
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Initial Winter II possession limit Rollover from Winter I to Winter II Increase in initial Winter II possession
----------------------------------------------------------------------------------------------------- Winter II possession limit after rollover
limit from Winter I to Winter
-------------------------- II
lb kg lb mt -------------------------
lb kg lb kg
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2,000............................................ 907 0-499,999 0-227 0 0 2,000 907
2,000............................................ 907 500,000-999,999 227-454 1,500 680 3,500 1,588
2,000............................................ 907 1,000,000-1,499,999 454-680 3,000 1,361 5,000 2,268
2,000............................................ 907 1,500,000-1,999,999 680-907 4,500 2,041 6,500 2,948
2,000............................................ 907 2,000,000-2,500,000 907-1,134 6,000 2,722 8,000 3,629
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Black Sea Bass
This final rule maintains the Council's recommended measures for
black sea bass: An ABC of 4.5 million lb (2,041 mt); a commercial ACL
and ACT of 1,980,000 lb (898 mt); a recreational ACL of 2,520,000 lb
(1,143 mt); and a recreational ACT of 1,860,000 lb (844 mt) to mitigate
the potential that the recreational sector ACL will be exceeded in
2012. Removing discards from the ACTs produces the total landings
allowed from the 2012 black sea bass fishery. When the RSA of 92,600 lb
(42 mt) is removed, the remaining available landings remain as a
recreational harvest limit of 1.32 million lb (598 mt) and a commercial
quota of 1.71 million lb (774 mt).
Comments and Responses
As noted above, during the 30-day comment period on the interim
final rule, NMFS received comment letters from three entities.
Comment 1: The Connecticut Department of Environmental Protection
(CT DEP) raised concern about the 2012 scup catch levels; specifically,
that such a high commercial catch level, paired with high possession
limits, could flood the commercial scup market, resulting in low value
for the fish. CT DEP suggested that recruitment may decline in the
coming years and this would necessitate a reduction in catch that could
also destabilize the fishery and its markets. CT DEP also raised
concerns about how commercial discards are quantified and used in stock
assessments, as well as concerns about the allocation split between the
commercial and recreational fisheries.
Response: Although there may be some validity to the concerns
raised by CT DEP regarding high commercial catch levels and possession
limits causing the value for scup to decline, as well as a potential
future decline in recruitment, these concerns are too speculative for
NMFS to alter the 2012 specifications for scup, which remain consistent
with the best scientific information available, are well within the
catch limits recommended by the Council's Scientific and Statistical
Committee (SSC), and are consistent with the recommendations of both
the Council and the Atlantic States Marine Fisheries Commission
(Commission). In response to the concern regarding the stock
assessment, NMFS points out that the stock assessment information was
vetted through the Council's SSC, which determined the information was
sufficiently reliable to establish the catch limits from which the
specifications are derived. Lastly, as to the concern regarding the
allocation between the commercial and recreational fisheries, this is
an issue that would need to be addressed by the Council and Commission
in an amendment to the Summer Flounder, Scup, and Black Sea Bass FMP
and is outside the scope of the process of setting annual
specifications.
Comment 2: One comment was received from a recreational fisherman
who advocated for reallocation of fish from the commercial to the
recreational fishery, particularly because the number of commercial
operators has declined in the commenter's home state of Virginia.
Response: As noted above, the issue of allocations between the
commercial and recreational fisheries would need to
[[Page 24154]]
be addressed by the Council and Commission in an amendment to the FMP.
NMFS has no authority to alter the allocation as part of the annual
specifications process.
Comment 3: The Rhode Island Division of Fish and Wildlife (RI DFW)
provided extensive comment on the challenges state agencies face in
administering permits for and tracking landings associated with the
research set-aside (RSA) program. The RI DFW recommends that RSA
landings be included as a landing disposition code in the Northeast
Standard Atlantic Fisheries Information System (SAFIS) dealer landing
reporting system for improved landing tracking. Several additional
suggestions for improving the permit issuance, monitoring, and
compliance monitoring of the RSA program were also provided.
Response: NMFS recognizes that improvements can always be made in
the administration of the RSA program, and NMFS also recognizes that
the states may face unique challenges with this program; however, the
Council and Commission continue to value the RSA program as an
important mechanism to facilitate research on Council trust resources.
NMFS will explore changes to the SAFIS system as RI DFW suggest, but
acknowledge at the outset that such a change is unlikely to completely
capture the information as RI DFW expects due to the fact that seafood
dealers (who use SAFIS to report purchases) often do not know whether
landings by a fishing vessel were RSA landings or not and so could not
be expected to accurately code such landings as RSA. Because none of
these comments are specifically germane to the annual specifications,
no changes to the 2012 measures will be made.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this final rule is
consistent with the Summer Flounder, Scup, and Black Sea Bass FMP,
other provisions of the Magnuson-Stevens Act, and other applicable law.
The Assistant Administrator finds good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in effective date as such a delay
is unnecessary. This final rule makes no changes to the interim
specifications implemented on January 1, 2012, so any delay in
effectiveness of this final rule has no effect on the management
measures to which the participants in the summer flounder, scup, and/or
black sea bass commercial and/or recreational fisheries are currently
subject.
These final specifications are exempt from review under Executive
Order 12866.
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 17, 2012.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
[FR Doc. 2012-9755 Filed 4-20-12; 8:45 am]
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