Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Comprehensive Annual Catch Limit Amendment Supplement, 42192-42193 [2012-17493]

Download as PDF 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 http://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]


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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 http://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