Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Comprehensive Annual Catch Limit Amendment Supplement, 42192-42193 [2012-17493]
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42192
Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Rules and Regulations
a. Revise paragraphs (a), (b)(1), (c), (d)
introductory text, and (d)(1); and
■ b. Add paragraph (b)(7) to read as
follows:
■
erowe on DSK2VPTVN1PROD with RULES
§ 600.1416 Requirements for exempted
state designation based on submission of
state license holder data.
(a) A state must annually update and
submit to NMFS, in a format consistent
with NMFS guidelines, the name,
address and, to the extent available in
the state’s database, telephone number
and date of birth, of all persons and forhire vessel operators, and the name and
state registration number or U.S. Coast
Guard documentation number of forhire vessels that are licensed to fish, or
are registered as fishing, in the EEZ, in
the tidal waters of the state, or for
anadromous species. The Memorandum
of Agreement developed in accordance
with § 600.1415(b)(2) will specify the
timetable for a state to compile and
submit complete information telephone
numbers and dates of birth for its
license holders/registrants. The waters
of the state for which such licenseholder data must be submitted will be
specified in the Memorandum of
Agreement.
*
*
*
*
*
(b) * * *
(1) Under 17 years of age;
*
*
*
*
*
(7) Fishing on days designated as
‘‘free fishing days’’ by states. ‘‘Free
fishing days’’ means fishing promotion
programs by which states allow new
anglers to fish for a specified day
without a license or registration.
(c) Unless the state can demonstrate
that a given category of anglers is so
small it has no significant probability of
biasing estimates of fishing effort if
these anglers are not included in a
representative sample, a state may not
be designated as an exempted state if its
licensing or registration program
excludes anglers in any category other
than those listed in paragraph (b) of this
section.
(d) Required enhancements to
exempted state license-holder data. An
exempted state must submit the
following angler identification data by
Jan. 1, 2012, or within two years of the
effective date of the Memorandum of
Agreement, whichever is later, and
thereafter in accordance with the
Memorandum of Agreement. States that
provide NMFS with notice that they are
required to enact legislation or to enter
into formal memoranda of agreement or
contracts with other state agencies to
comply with this requirement must
submit the data within three years of the
effective date of the Memorandum of
Agreement:
VerDate Mar<15>2010
14:59 Jul 17, 2012
Jkt 226001
(1) Name, address and telephone
number, updated annually, of excluded
anglers over age 59, unless the state can
demonstrate that the number of anglers
excluded from the license or registration
requirement based on having a date of
birth before June 1, 1940 is so small it
has no significant probability of biasing
estimates of fishing effort if these
anglers are not included in a
representative sample;
*
*
*
*
*
■ 5. In § 600.1417, revise paragraphs
(b)(1)(iii) through (vii), and (b)(3), and
add paragraph (b)(1)(viii) to read as
follows:
§ 600.1417 Requirements for exempted
state designation based on submission of
recreational survey data.
*
*
*
*
*
(b) * * *
(1) * * *
(iii) Puerto Rico;
(iv) U.S. Virgin Islands;
(v) California, Oregon and
Washington;
(vi) Alaska;
(vii) Hawaii; or
(viii) American Samoa, Guam and the
Commonwealth of the Northern Mariana
Islands.
*
*
*
*
*
(3) Utilize angler registry data to
identify individuals to be surveyed by
telephone, mail or Internet if such
regional survey includes a telephone
survey component; and
*
*
*
*
*
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
published on March 16, 2012, and
became effective on April 16, 2012.
However, after publishing that final
rule, NMFS discovered that the
commercial quota (ACL) for greater
amberjack, which was specified in the
Comprehensive ACL Amendment, was
inadvertently not specified in the
proposed or final rules to implement
that amendment. The intent of this
supplemental final rule is to implement
the commercial ACL for greater
amberjack, while maintaining catch
levels consistent with achieving
optimum yield for the resource.
DATES: This rule is effective August 17,
2012.
ADDRESSES: Electronic copies of the
Comprehensive ACL Amendment,
which includes a final environmental
impact statement, a regulatory flexibility
analysis, and a regulatory impact
review, may be obtained from the
Southeast Regional Office Web site at
https://sero.nmfs.noaa.gov/sf/pdfs/
Comp%20ACL%20Am%
20101411%20FINAL.pdf.
[FR Doc. 2012–17490 Filed 7–17–12; 8:45 am]
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 3510–22–P
Nikhil Mehta, telephone: 727–824–
5305, or email: nikhil.mehta@noaa.gov.
DEPARTMENT OF COMMERCE
SUPPLEMENTARY INFORMATION:
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 120409403–2218–02]
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.
ACTION: Supplemental final rule.
AGENCY:
NMFS issues this final rule to
supplement the regulations
implementing the Comprehensive
Annual Catch Limit Amendment
(Comprehensive ACL Amendment) for
SUMMARY:
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
The
snapper-grouper fishery of the South
Atlantic is managed under the FMP. The
FMP was prepared by the Council and
is implemented through regulations at
50 CFR part 622 under the authority of
the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
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 to revise the
commercial and recreational sector
ACLs for wreckfish and requested
public comment (76 FR 82264). The
Secretary of Commerce approved the
E:\FR\FM\18JYR1.SGM
18JYR1
Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Rules and Regulations
erowe on DSK2VPTVN1PROD with RULES
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).
On April 20, 2012, NMFS published
a supplemental proposed rule to the
Comprehensive ACL Amendment to
revise the commercial quota
(commercial ACL) for greater amberjack
and requested public comment (77 FR
23652). A summary of the action
implemented by this supplemental final
rule is provided below.
The final rule to implement the
Comprehensive ACL Amendment (77
FR 15916, March 16, 2012)
implemented AMs and a recreational
ACL for greater amberjack. However, as
part of the rulemaking for the
Comprehensive ACL Amendment,
NMFS inadvertently failed to revise the
commercial quota for greater amberjack.
This supplemental final rule revises the
greater amberjack commercial quota to
accurately reflect the actions in the
Comprehensive ACL Amendment and
the Council’s intent. 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.
Comments and Responses
A total of four comments letters were
received on the supplemental proposed
rule. Relevant comments were similar in
content and are addressed in a single
comment and response as follows.
Comment 1: The greater amberjack
commercial quota should not be
reduced to 769,388 lb (348,989 kg),
gutted weight. The recent stock
assessment indicated that greater
amberjack is not undergoing overfishing
and is not overfished. The lower quota
will lead to greater economic hardships
if greater amberjack is closed earlier
each year.
Response: Although greater amberjack
is not undergoing overfishing and is not
overfished, the Magnuson-Stevens Act
requires that a fishery management
council specify ACLs for species in its
FMPs at a level that may not exceed the
fishing level recommendation of its
scientific and statistical committee
(SSC), and that ACLs prevent
overfishing. The SSC recommendation
that is the most relevant to ACLs is the
acceptable biological catch (ABC). Based
on the most recent stock assessment
completed in 2008, the SSC
recommended a greater amberjack stock
ABC of 1,968,000 lb (892,670 kg), round
weight. Therefore, the Council specified
a stock ACL for greater amberjack of
1,968,000 lb (892,670 kg). As described
in the Comprehensive ACL
VerDate Mar<15>2010
14:59 Jul 17, 2012
Jkt 226001
Amendment, the commercial sector
allocation equates to a commercial ACL
of 800,163 lb (362,948 kg), round
weight, or 769,388 lb (348,989 kg),
gutted weight.
NMFS agrees that if the new
commercial quota is met in-season,
negative economic effects could be
experienced by commercial fishermen
who target greater amberjack, because
the current Federal regulations require
that if commercial landings reach, or are
projected to reach the commercial quota
(ACL), then the commercial sector will
close for the remainder of the fishing
year. The fishing year for greater
amberjack begins on May 1 and ends on
April 30. For the period of 2005–2009,
commercial greater amberjack landings
did not exceed the commercial quota
(ACL) being implemented through this
rule. However, NMFS notes that
preliminary greater amberjack
commercial landings data for the 2011–
2012 fishing year indicate that
commercial landings may have
exceeded the revised commercial quota
being implemented through this rule,
and might have triggered a closure had
this rule been in place for the 2011–
2012 fishing year. However, as noted
above, the Council cannot set the ACL
at a level that exceeds the ABC. NMFS
will monitor commercial landings for
the 2012–2013 fishing year, and
subsequent years, to determine if the
AM will be triggered and the
commercial sector should be closed inseason.
Classification
The Regional Administrator,
Southeast Region, NMFS has
determined that this supplemental final
rule is necessary for the conservation
and management of the species within
the Comprehensive ACL Amendment
and is consistent with the MagnusonStevens Act, and other applicable law.
This supplemental final 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 factual basis for this
determination was published in the
proposed rule and the supplemental
proposed rule and is not repeated here.
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis was not
required and none was proposed.
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
42193
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico,
Reporting and recordkeeping
requirements, Virgin Islands.
Dated: July 12, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
performing the functions and duties of the
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622 is 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
Quotas.
*
*
*
*
*
(e) * * *
(3) Greater amberjack—769,388 lb
(348,989 kg).
*
*
*
*
*
[FR Doc. 2012–17493 Filed 7–17–12; 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 0648–0648–XC112
Fisheries of the Economic Exclusive
Zone Off Alaska; Shallow-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
shallow-water species fishery by vessels
using trawl gear in the Gulf of Alaska
(GOA). This action is necessary because
the third seasonal apportionment of the
Pacific halibut bycatch allowance
specified for the shallow-water species
fishery in the GOA has been reached.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), July 14, 2012, through 1200
hrs, A.l.t., September 1, 2012.
SUMMARY:
E:\FR\FM\18JYR1.SGM
18JYR1
]]>Agencies
[Federal Register Volume 77, Number 138 (Wednesday, July 18, 2012)]
[Rules and Regulations]
[Pages 42192-42193]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17493]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120409403-2218-02]
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.
ACTION: Supplemental final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule 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 published on March 16,
2012, and became effective on April 16, 2012. However, after publishing
that final rule, NMFS discovered that the commercial quota (ACL) for
greater amberjack, which was specified in the Comprehensive ACL
Amendment, was inadvertently not specified in the proposed or final
rules to implement that amendment. The intent of this supplemental
final rule is to implement the commercial ACL for greater amberjack,
while maintaining catch levels consistent with achieving optimum yield
for the resource.
DATES: This rule is effective August 17, 2012.
ADDRESSES: Electronic copies of the Comprehensive ACL Amendment, which
includes a final environmental impact statement, a regulatory
flexibility analysis, and a regulatory impact review, may be obtained
from the Southeast Regional Office Web site at https://sero.nmfs.noaa.gov/sf/pdfs/Comp%20ACL%20Am%20101411%20FINAL.pdf.
FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, telephone: 727-824-5305,
or email: nikhil.mehta@noaa.gov.
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic is managed under the FMP. The FMP was prepared by the Council
and is implemented through regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act).
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 to revise the commercial and
recreational sector ACLs for wreckfish and requested public comment (76
FR 82264). The Secretary of Commerce approved the
[[Page 42193]]
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).
On April 20, 2012, NMFS published a supplemental proposed rule to
the Comprehensive ACL Amendment to revise the commercial quota
(commercial ACL) for greater amberjack and requested public comment (77
FR 23652). A summary of the action implemented by this supplemental
final rule is provided below.
The final rule to implement the Comprehensive ACL Amendment (77 FR
15916, March 16, 2012) implemented AMs and a recreational ACL for
greater amberjack. However, as part of the rulemaking for the
Comprehensive ACL Amendment, NMFS inadvertently failed to revise the
commercial quota for greater amberjack. This supplemental final rule
revises the greater amberjack commercial quota to accurately reflect
the actions in the Comprehensive ACL Amendment and the Council's
intent. 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.
Comments and Responses
A total of four comments letters were received on the supplemental
proposed rule. Relevant comments were similar in content and are
addressed in a single comment and response as follows.
Comment 1: The greater amberjack commercial quota should not be
reduced to 769,388 lb (348,989 kg), gutted weight. The recent stock
assessment indicated that greater amberjack is not undergoing
overfishing and is not overfished. The lower quota will lead to greater
economic hardships if greater amberjack is closed earlier each year.
Response: Although greater amberjack is not undergoing overfishing
and is not overfished, the Magnuson-Stevens Act requires that a fishery
management council specify ACLs for species in its FMPs at a level that
may not exceed the fishing level recommendation of its scientific and
statistical committee (SSC), and that ACLs prevent overfishing. The SSC
recommendation that is the most relevant to ACLs is the acceptable
biological catch (ABC). Based on the most recent stock assessment
completed in 2008, the SSC recommended a greater amberjack stock ABC of
1,968,000 lb (892,670 kg), round weight. Therefore, the Council
specified a stock ACL for greater amberjack of 1,968,000 lb (892,670
kg). As described in the Comprehensive ACL Amendment, the commercial
sector allocation equates to a commercial ACL of 800,163 lb (362,948
kg), round weight, or 769,388 lb (348,989 kg), gutted weight.
NMFS agrees that if the new commercial quota is met in-season,
negative economic effects could be experienced by commercial fishermen
who target greater amberjack, because the current Federal regulations
require that if commercial landings reach, or are projected to reach
the commercial quota (ACL), then the commercial sector will close for
the remainder of the fishing year. The fishing year for greater
amberjack begins on May 1 and ends on April 30. For the period of 2005-
2009, commercial greater amberjack landings did not exceed the
commercial quota (ACL) being implemented through this rule. However,
NMFS notes that preliminary greater amberjack commercial landings data
for the 2011-2012 fishing year indicate that commercial landings may
have exceeded the revised commercial quota being implemented through
this rule, and might have triggered a closure had this rule been in
place for the 2011-2012 fishing year. However, as noted above, the
Council cannot set the ACL at a level that exceeds the ABC. NMFS will
monitor commercial landings for the 2012-2013 fishing year, and
subsequent years, to determine if the AM will be triggered and the
commercial sector should be closed in-season.
Classification
The Regional Administrator, Southeast Region, NMFS has determined
that this supplemental final rule is necessary for the conservation and
management of the species within the Comprehensive ACL Amendment and is
consistent with the Magnuson-Stevens Act, and other applicable law.
This supplemental final 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 factual basis for this determination was
published in the proposed rule and the supplemental proposed rule and
is not repeated here. No comments were received regarding this
certification. As a result, a regulatory flexibility analysis was not
required and none was proposed.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: July 12, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and
duties of the Deputy Assistant Administrator for Regulatory Programs,
National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is amended
as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
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. 2012-17493 Filed 7-17-12; 8:45 am]
BILLING CODE 3510-22-P
