Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish of the Gulf of Alaska; Amendment 88; Correction, 38013-38014 [2012-15584]
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Federal Register / Vol. 77, No. 123 / Tuesday, June 26, 2012 / Rules and Regulations
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 120613165–2167–01]
RIN 0648–BC23
Fisheries of the Exclusive Economic
Zone Off Alaska; Groundfish of the
Gulf of Alaska; Amendment 88;
Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correcting
amendment.
AGENCY:
This action corrects the final
rule published on December 27, 2011,
that implemented Amendment 88 to the
Fishery Management Plan for
Groundfish of the Gulf of Alaska. This
correction clarifies that participants in
the entry level trawl fishery may qualify
for quota share (QS) under the Central
Gulf of Alaska (GOA) Rockfish Program
only in proportion to the number of
years that a person made rockfish legal
landings to an entry level processor in
2007, 2008, or 2009. This clarification is
administrative in nature and does not
change the distribution of rockfish QS to
entry level trawl participants.
DATES: Effective June 26, 2012.
FOR FURTHER INFORMATION CONTACT:
Gwen Herrewig, 907–586–7228.
SUPPLEMENTARY INFORMATION:
rmajette on DSK2TPTVN1PROD with RULES
SUMMARY:
Background
The rockfish fisheries are conducted
in Federal waters near Kodiak, AK, by
trawl and longline vessels. NMFS
published the Central GOA Rockfish
Program (Rockfish Program) final rule in
the Federal Register on December 27,
2011 (76 FR 81248). The Rockfish
Program allocates harvest privileges to
holders of License Limitation Program
(LLP) groundfish licenses with a history
of Central GOA rockfish legal landings
either in 2000 through 2006, or in the
entry level trawl fishery in 2007, 2008,
or 2009. The Rockfish Program assigns
QS to LLP licenses for rockfish primary
and secondary species based on legal
landings associated with a specific LLP
license. Rockfish primary species are
northern rockfish, Pacific ocean perch,
and pelagic shelf rockfish. Rockfish
secondary species are Pacific cod,
rougheye rockfish, shortraker rockfish,
sablefish, and thornyhead rockfish.
The entry level trawl fishery that
occurred under the Central GOA
VerDate Mar<15>2010
13:18 Jun 25, 2012
Jkt 226001
Rockfish Pilot Program in 2007, 2008,
and 2009 was limited to (1) those
vessels that did not make landings in
the Central GOA rockfish fishery from
1996 through 2002, and (2) those
processors that did not meet a minimum
amount of annual primary rockfish
processing in the Central GOA rockfish
fishery from 1996 through 2000.
Additional detail on the entry level
trawl fishery can be found in the
preamble to the final rule that
implemented the entry level trawl
fishery and is not repeated here (71 FR
67210; November 20, 2006).
Need for Correction
This action addresses potential
confusion created by an inconsistency
in the preamble to the Rockfish Program
final rule. NMFS made contradictory
statements in the preamble in response
to public comment 14, in which the
commenter asserted that the proposed
regulations did not follow the North
Pacific Fishery Management Council’s
(Council’s) intent that a participant in
the entry level trawl fishery may qualify
for QS under the Rockfish Program only
in proportion to the number of years
that person made a delivery to an entry
level processor in 2007, 2008, or 2009.
The commenter asked NMFS to add the
language ‘‘to an entry level processor’’
to the regulations.
In response to the comment, NMFS
stated it would not make a regulatory
change, but then used an example that
included that change. Specifically,
NMFS stated that current regulations
implemented by the Rockfish Program
final rule captured Council intent by
stating that qualification for QS is based
on rockfish legal landings generated by
an entry level trawl participant. NMFS
determined that adding the phrase ‘‘to
an entry level processor’’ would be
redundant because the definition of
‘‘rockfish legal landings’’ already
encompassed deliveries made to an
entry level processor. This is because
entry level trawl participants were
required to deliver all harvested fish in
the entry level fishery to an entry level
processor in order to generate rockfish
legal landings. However, later in the
preamble to the proposed rule, in a
section describing the proposed
regulatory text at § 679.80(e)(3)(i),
NMFS included the phrase ‘‘to an entry
level processor’’ as requested by the
commenter, even though NMFS
previously stated that phrase was
unnecessary.
After additional review, NMFS agrees
with the commenter that the regulations
would be clearer if they included the
phrase ‘‘to an entry level processor,’’
which clarify the requirement that
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
38013
qualification for QS is based on rockfish
legal landings made to an entry level
processor in 2007, 2008, or 2009.
Therefore, NMFS clarifies regulations
for the Rockfish Program in text at
§ 679.80(e)(1)(ii) describing the
distribution of rockfish QS to entry level
trawl applicants, and in the calculation
procedure at § 679.80(e)(3)(i) that
assigns one Rockfish Landing Unit to an
LLP license for each year a rockfish
legal landing of any rockfish primary
species was made during the season
dates for the entry level trawl fishery in
2007, 2008, or 2009. This correction
clarifies that qualification for QS in the
entry level trawl fishery is based on
rockfish legal landings made to an entry
level processor.
This clarification is administrative in
nature and does not change the
distribution of QS under the Rockfish
Program. NMFS issued Rockfish
Program QS in February 2012 consistent
with current regulations and these
corrections.
Classification
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 unnecessary.
This action makes no substantive
changes to the rule, nor does it modify
any rights or responsibilities of the
regulated community. This action
clarifies that qualification for QS in the
entry level trawl fishery is based on
rockfish legal landings made to an entry
level processor, but does not change the
distribution of QS under the Rockfish
Program or change operating practices
in the fisheries. The corrections
described in this rule are being
implemented to avoid confusion for
participants in the fisheries.
For the reasons set forth above, 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). The
corrections described in this rule are
being made effective upon publication
to address the inconsistency in the final
rule preamble for the public.
It has been determined that this rule
is not significant for purposes of
Executive Order 12866.
NMFS is correcting this error and is
not making substantive changes to the
document in rule FR Docket No.
110314196–1725–02 published on
December 27, 2011.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and
recordkeeping requirements.
E:\FR\FM\26JNR1.SGM
26JNR1
38014
Federal Register / Vol. 77, No. 123 / Tuesday, June 26, 2012 / Rules and Regulations
Dated: June 21, 2012.
Paul N. Doremus,
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
2. Section 679.80 is corrected by
revising paragraphs (e)(1)(ii) and (e)(3)(i)
to read as follows:
■
For reasons explained in the
preamble, 50 CFR part 679 is corrected
by making the following correcting
amendments:
PART 679—FISHERIES OF THE
EXCLUSIVE ECONOMIC ZONE OFF
ALASKA
1. The authority citation for part 679
continues to read as follows:
■
rmajette on DSK2TPTVN1PROD with RULES
Authority: 16 U.S.C. 773 et seq.; 1801 et
seq.; 3631 et seq.; Pub. L. 108–447.
VerDate Mar<15>2010
13:18 Jun 25, 2012
Jkt 226001
§ 679.80 Allocation and transfer of
rockfish QS.
*
*
*
*
*
(e) * * *
(1) * * *
(ii) The number of years during which
a person made a rockfish legal landing
to an entry level processor under the
authority of an LLP license in the entry
level trawl fishery during 2007, 2008, or
2009 as established in paragraph (e)(3)
of this section.
*
*
*
*
*
(3) * * *
PO 00000
Frm 00018
Fmt 4700
Sfmt 9990
(i) Assign one Rockfish Landing Unit
to an LLP license for each year a
rockfish legal landing of any rockfish
primary species was made to an entry
level processor under the authority of an
LLP license during the season dates for
the entry level trawl fishery in 2007,
2008, or 2009 as established in Table
28b to this part. This yields the Rockfish
Landing Units.l For purposes of this
calculation, the Regional Administrator
will not assign any Rockfish Landing
Units to an LLP license that is assigned
rockfish QS under the provisions in
paragraph (e)(2) of this section.
*
*
*
*
*
[FR Doc. 2012–15584 Filed 6–25–12; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\26JNR1.SGM
26JNR1
Agencies
[Federal Register Volume 77, Number 123 (Tuesday, June 26, 2012)]
[Rules and Regulations]
[Pages 38013-38014]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15584]
[[Page 38013]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 120613165-2167-01]
RIN 0648-BC23
Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish
of the Gulf of Alaska; Amendment 88; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This action corrects the final rule published on December 27,
2011, that implemented Amendment 88 to the Fishery Management Plan for
Groundfish of the Gulf of Alaska. This correction clarifies that
participants in the entry level trawl fishery may qualify for quota
share (QS) under the Central Gulf of Alaska (GOA) Rockfish Program only
in proportion to the number of years that a person made rockfish legal
landings to an entry level processor in 2007, 2008, or 2009. This
clarification is administrative in nature and does not change the
distribution of rockfish QS to entry level trawl participants.
DATES: Effective June 26, 2012.
FOR FURTHER INFORMATION CONTACT: Gwen Herrewig, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
The rockfish fisheries are conducted in Federal waters near Kodiak,
AK, by trawl and longline vessels. NMFS published the Central GOA
Rockfish Program (Rockfish Program) final rule in the Federal Register
on December 27, 2011 (76 FR 81248). The Rockfish Program allocates
harvest privileges to holders of License Limitation Program (LLP)
groundfish licenses with a history of Central GOA rockfish legal
landings either in 2000 through 2006, or in the entry level trawl
fishery in 2007, 2008, or 2009. The Rockfish Program assigns QS to LLP
licenses for rockfish primary and secondary species based on legal
landings associated with a specific LLP license. Rockfish primary
species are northern rockfish, Pacific ocean perch, and pelagic shelf
rockfish. Rockfish secondary species are Pacific cod, rougheye
rockfish, shortraker rockfish, sablefish, and thornyhead rockfish.
The entry level trawl fishery that occurred under the Central GOA
Rockfish Pilot Program in 2007, 2008, and 2009 was limited to (1) those
vessels that did not make landings in the Central GOA rockfish fishery
from 1996 through 2002, and (2) those processors that did not meet a
minimum amount of annual primary rockfish processing in the Central GOA
rockfish fishery from 1996 through 2000. Additional detail on the entry
level trawl fishery can be found in the preamble to the final rule that
implemented the entry level trawl fishery and is not repeated here (71
FR 67210; November 20, 2006).
Need for Correction
This action addresses potential confusion created by an
inconsistency in the preamble to the Rockfish Program final rule. NMFS
made contradictory statements in the preamble in response to public
comment 14, in which the commenter asserted that the proposed
regulations did not follow the North Pacific Fishery Management
Council's (Council's) intent that a participant in the entry level
trawl fishery may qualify for QS under the Rockfish Program only in
proportion to the number of years that person made a delivery to an
entry level processor in 2007, 2008, or 2009. The commenter asked NMFS
to add the language ``to an entry level processor'' to the regulations.
In response to the comment, NMFS stated it would not make a
regulatory change, but then used an example that included that change.
Specifically, NMFS stated that current regulations implemented by the
Rockfish Program final rule captured Council intent by stating that
qualification for QS is based on rockfish legal landings generated by
an entry level trawl participant. NMFS determined that adding the
phrase ``to an entry level processor'' would be redundant because the
definition of ``rockfish legal landings'' already encompassed
deliveries made to an entry level processor. This is because entry
level trawl participants were required to deliver all harvested fish in
the entry level fishery to an entry level processor in order to
generate rockfish legal landings. However, later in the preamble to the
proposed rule, in a section describing the proposed regulatory text at
Sec. 679.80(e)(3)(i), NMFS included the phrase ``to an entry level
processor'' as requested by the commenter, even though NMFS previously
stated that phrase was unnecessary.
After additional review, NMFS agrees with the commenter that the
regulations would be clearer if they included the phrase ``to an entry
level processor,'' which clarify the requirement that qualification for
QS is based on rockfish legal landings made to an entry level processor
in 2007, 2008, or 2009.
Therefore, NMFS clarifies regulations for the Rockfish Program in
text at Sec. 679.80(e)(1)(ii) describing the distribution of rockfish
QS to entry level trawl applicants, and in the calculation procedure at
Sec. 679.80(e)(3)(i) that assigns one Rockfish Landing Unit to an LLP
license for each year a rockfish legal landing of any rockfish primary
species was made during the season dates for the entry level trawl
fishery in 2007, 2008, or 2009. This correction clarifies that
qualification for QS in the entry level trawl fishery is based on
rockfish legal landings made to an entry level processor.
This clarification is administrative in nature and does not change
the distribution of QS under the Rockfish Program. NMFS issued Rockfish
Program QS in February 2012 consistent with current regulations and
these corrections.
Classification
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 unnecessary. This action makes
no substantive changes to the rule, nor does it modify any rights or
responsibilities of the regulated community. This action clarifies that
qualification for QS in the entry level trawl fishery is based on
rockfish legal landings made to an entry level processor, but does not
change the distribution of QS under the Rockfish Program or change
operating practices in the fisheries. The corrections described in this
rule are being implemented to avoid confusion for participants in the
fisheries.
For the reasons set forth above, 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). The corrections described in this rule are being made
effective upon publication to address the inconsistency in the final
rule preamble for the public.
It has been determined that this rule is not significant for
purposes of Executive Order 12866.
NMFS is correcting this error and is not making substantive changes
to the document in rule FR Docket No. 110314196-1725-02 published on
December 27, 2011.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
[[Page 38014]]
Dated: June 21, 2012.
Paul N. Doremus,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
For reasons explained in the preamble, 50 CFR part 679 is corrected
by making the following correcting amendments:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
0
1. The authority citation for part 679 continues to read as follows:
Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.;
Pub. L. 108-447.
0
2. Section 679.80 is corrected by revising paragraphs (e)(1)(ii) and
(e)(3)(i) to read as follows:
Sec. 679.80 Allocation and transfer of rockfish QS.
* * * * *
(e) * * *
(1) * * *
(ii) The number of years during which a person made a rockfish
legal landing to an entry level processor under the authority of an LLP
license in the entry level trawl fishery during 2007, 2008, or 2009 as
established in paragraph (e)(3) of this section.
* * * * *
(3) * * *
(i) Assign one Rockfish Landing Unit to an LLP license for each
year a rockfish legal landing of any rockfish primary species was made
to an entry level processor under the authority of an LLP license
during the season dates for the entry level trawl fishery in 2007,
2008, or 2009 as established in Table 28b to this part. This yields the
Rockfish Landing Units.l For purposes of this calculation,
the Regional Administrator will not assign any Rockfish Landing Units
to an LLP license that is assigned rockfish QS under the provisions in
paragraph (e)(2) of this section.
* * * * *
[FR Doc. 2012-15584 Filed 6-25-12; 8:45 am]
BILLING CODE 3510-22-P