Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Amendment 32 Supplement, 45270-45273 [2012-18665]
Download as PDF
<![CDATA[
45270
Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Rules and Regulations
impact on a substantial number of small
entities. The factual basis for this
determination was published in the
proposed rule and is not repeated here.
No comments were received regarding
the certification. As a result, a final
regulatory flexibility analysis was not
required and none was prepared.
List of Subjects in 50 CFR Part 229
Administrative practice and
procedure, Confidential business
information, Fisheries, Marine
mammals, Reporting and recordkeeping
requirements.
Dated: June 23, 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 229 is amended
as follows:
PART 229—AUTHORIZATION FOR
COMMERCIAL FISHERIES UNDER THE
MARINE MAMMAL PROTECTION ACT
OF 1972
1. The authority citation for part 229
continues to read as follows:
■
Authority: 16. U.S.C. 1361 et seq.; 50 CFR
229.32(f) also issued under 16 U.S.C. 1531 et
seq.
2. In § 229.35 paragraph (a), the
definitions of South Carolina, Georgia,
and Florida waters and Southern North
Carolina State waters in paragraph (b),
and paragraphs (d)(1)(i), (d)(2)(i),
(d)(4)(ii), and (d)(5)(i) are revised to read
as follows:
■
emcdonald on DSK67QTVN1PROD with RULES
§ 229.35 Bottlenose Dolphin Take
Reduction Plan.
(a) Purpose and scope. The purpose of
this section is to implement the
Bottlenose Dolphin Take Reduction
Plan (BDTRP) to reduce incidental
mortality and serious injury of stocks of
bottlenose dolphins within the Western
North Atlantic coastal morphotype in
specific Category I and II commercial
fisheries from New Jersey through
Florida. Specific Category I and II
commercial fisheries within the scope of
the BDTRP are indentified and updated
in the annual List of Fisheries. Gear
restricted by this section includes small,
medium, and large mesh gillnets. The
geographic scope of the BDTRP is all
tidal and marine waters within 6.5
nautical miles (12 km) of shore from the
New York-New Jersey border southward
to Cape Hatteras, North Carolina, and
within 14.6 nautical miles (27 km) of
shore from Cape Hatteras, southward to,
VerDate Mar<15>2010
13:39 Jul 30, 2012
Jkt 226001
and including the east coast of Florida
down to the fishery management
council demarcation line between the
Atlantic Ocean and the Gulf of Mexico
(as described in § 600.105 of this title).
(b) * * *
South Carolina, Georgia, and Florida
waters means the area consisting of all
marine and tidal waters, within 14.6
nautical miles (27 km) of shore,
bounded on the north by a line
extending in a direction of 135°34′55″
from true north from the North
Carolina/South Carolina border at
33°51′07.9″ N. and 78°32′32.6″ W., and
on the south by the fishery management
council demarcation line between the
Atlantic Ocean and the Gulf of Mexico
(as described in § 600.105 of this title).
Southern North Carolina State waters
means the area consisting of all marine
and tidal waters, within 3 nautical miles
(5.56 km) of shore, bounded on the
north by 34°35.4′ N. (Cape Lookout,
North Carolina), and on the south by a
line extending in a direction of
135°34′55″ from true north from the
North Carolina/South Carolina border at
33°51′07.9″ N. and 78°32′32.6″ W.
*
*
*
*
*
(d) * * *
(1) * * *
(i) Medium and large mesh gillnets.
From June 1 through October 31, in New
Jersey, Delaware, and Maryland state
waters, no person may fish with any
medium or large mesh anchored gillnet
gear at night unless such person remains
within 0.5 nautical mile (0.93 km) of the
closest portion of each gillnet and
removes all such gear from the water
and stows it on board the vessel before
the vessel returns to port.
*
*
*
*
*
(2) * * *
(i) Medium and large mesh gillnets.
From June 1 through October 31, in
Southern Virginia State waters and
Northern Virginia State waters, no
person may fish with any medium or
large mesh anchored gillnet gear at night
unless such person remains within 0.5
nautical mile (0.93 km) of the closest
portion of each gillnet and removes all
such gear from the water and stows it on
board the vessel before the vessel
returns to port.
*
*
*
*
*
(4) * * *
(ii) Medium mesh gillnets. From
November 1 through April 30 of the
following year, in Northern North
Carolina State waters, no person may
fish with any medium mesh gillnet at
night.
*
*
*
*
*
(5) * * *
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
(i) Medium mesh gillnets. From
November 1 through April 30 of the
following year, in Southern North
Carolina State waters, no person may
fish with any medium mesh gillnet at
night.
*
*
*
*
*
[FR Doc. 2012–18667 Filed 7–30–12; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 100217095–2258–06]
RIN 0648–AY56
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico;
Amendment 32 Supplement
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues this supplement
to the regulations that implemented
management measures described in
Amendment 32 to the Fishery
Management Plan (FMP) for the Reef
Fish Resources of the Gulf of Mexico
(Amendment 32) prepared by the Gulf
of Mexico Fishery Management Council
(Council). After the February 10, 2012,
publication of the final rule for
Amendment 32, NMFS identified
inconsistencies in the regulatory text
regarding the quotas and annual catch
limits (ACLs) for ‘‘other shallow-water
grouper’’ (Other SWG) that needed
correction. This final rule revises the
regulatory text regarding the quotas and
ACLs for Other SWG. In addition, this
final rule implements some minor
revisions to the regulatory text to
improve the clarity of the regulations.
DATES: This rule is effective August 30,
2012.
ADDRESSES: Electronic copies of
Amendment 32, 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/
GrouperSnapperandReefFish.htm.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Peter Hood, Southeast Regional Office,
NMFS, telephone 727–824–5305; email:
Peter.Hood@noaa.gov.
E:\FR\FM\31JYR1.SGM
31JYR1
Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Rules and Regulations
45271
Dated: July 26, 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.
The reef
fish fishery of the Gulf of Mexico (Gulf)
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).
already stated in the preceding
paragraph and is therefore redundant.
Discussion of the management
measures contained in Amendment 32
is provided in the previous proposed
and final rules (see 76 FR 67656, 77 FR
6988, 77 FR 20775) as well as in
Amendment 32, and is not repeated
here.
Background
Comments and Reponses
On, April 6, 2012, NMFS published a
proposed rule (77 FR 20775) to
supplement the regulations that
implemented management measures
described in Amendment 32 (77 FR
6988, February 10, 2012). That proposed
rule outlined the rationale for the
actions contained in this final rule and
is not repeated here.
Management measures implemented
through this final rule reinstate the
commercial Other SWG quotas and the
stock complex commercial ACLs for
Other SWG, as established in the final
rule which implemented the ACLs and
Accountability Measures Amendment
for Reef Fish, Red Drum, Shrimp, and
Coral Fisheries of the Gulf of Mexico
(Generic ACL Amendment) (76 FR
82044, December 29, 2011), as well as
remove the commercial shallow-water
grouper (SWG) quotas and commercial
SWG ACL erroneously included in the
rule implementing Amendment 32.
Specifically, this final rule implements
the commercial quotas (commercial
ACLs), in gutted weight, for Other SWG
combined: for fishing year 2012—
509,000 lb (230,879 kg), for fishing year
2013—518,000 lb (234,961 kg), for
fishing year 2014—523,000 lb (237,229
kg), and finally, for fishing year 2015
and subsequent fishing years—525,000
lb (238,136 kg) as well as the stock
complex ACLs for Other SWG, in gutted
weight: 688,000 lb (312,072 kg) for 2012,
700,000 lb (317,515 kg) for 2013,
707,000 lb (320,690 kg) for 2014, and
710,000 lb (322,051 kg) for 2015 and
subsequent years.
In addition, this final rule implements
some minor non-substantive revisions to
improve the clarity of the regulations.
First, NMFS revises the term ‘‘other
SWG’’ to read ‘‘Other SWG’’ throughout
the 50 CFR part 622 regulations to
improve the clarity of the regulations as
they apply in the Gulf. This rule also
amends the definition of SWG to
include the definition for Other SWG. In
the Gulf, Other SWG still includes black
grouper, scamp, yellowfin grouper, and
yellowmouth grouper. Second, in two
instances in the regulations, sentences
within a paragraph are reordered to
improve clarity. Third, a sentence is
deleted in the regulations because it is
No comments were received in
relation to the proposed rule published
on April 6, 2012 (77 FR 20775).
PART 622—FISHERIES OF THE
CARIBBEAN, GULF, AND SOUTH
ATLANTIC
Changes From the Proposed Rule
■
emcdonald on DSK67QTVN1PROD with RULES
SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
13:39 Jul 30, 2012
Jkt 226001
NMFS has made minor, nonsubstantive revisions to the regulatory
text contained in the proposed rule. In
§ 622.20, paragraphs (a)(6) and (a)(7),
the term ‘‘once’’ is revised to read
‘‘after’’ to improve the clarity of the
regulations. In § 622.49, paragraph
(a)(4)(ii)(B), NMFS amended the term
‘‘target catch (ACT)’’ to read ‘‘ACT’’ to
be consistent with the language used
within Amendment 32. This
clarification of the regulatory text is not
substantive and will alleviate confusion
for Gulf reef fish fishermen regarding
the regulations.
Classification
The Regional Administrator,
Southeast Region, NMFS has
determined that the actions contained in
this final rule are necessary for the
conservation and management of the
reef fish fishery in the Gulf and that
they are consistent with Amendment 32,
the Magnuson-Stevens Act, and other
applicable law.
This 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 during
the proposed rule stage that this action
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 is not repeated here.
No comments were received regarding
the certification provided in the
proposed rule (77 FR 20775, April 6,
2012). No changes to the final rule were
made in response to public comments.
As a result, a final regulatory flexibility
analysis was not required and none was
prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico,
Reporting and recordkeeping
requirements, Virgin Islands.
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
For the reasons set out in the
preamble, 50 CFR part 622, is amended
as follows:
1. The authority citation for part 622
continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.2, the definition for
‘‘Shallow-water grouper (SWG)’’ is
revised to read as follows:
■
§ 622.2
Definitions and acronyms.
*
*
*
*
*
Shallow-water grouper (SWG) means,
in the Gulf, gag, red grouper, black
grouper, scamp, yellowfin grouper, and
yellowmouth grouper. Other shallowwater grouper (Other SWG) means, in
the Gulf, SWG excluding gag and red
grouper (i.e., black grouper, scamp,
yellowfin grouper, and yellowmouth
grouper). In addition, for the purposes
of the IFQ program for Gulf groupers
and tilefishes in § 622.20, speckled hind
and warsaw grouper are also included
as Other SWG as specified in
§ 622.20(a)(6).
*
*
*
*
*
■ 3. In § 622.20, paragraph (a)
introductory text, the second sentence
of paragraph (a)(4), paragraphs (a)(5)(i)
and (a)(5)(ii), the second sentence of
paragraphs (a)(6), (a)(7), (b)(3)(i), and the
first sentence of paragraph (b)(6)(i) are
revised to read as follows:
§ 622.20 Individual fishing quota (IFQ)
program for Gulf groupers and tilefishes.
(a) General. This section establishes
an IFQ program for the commercial
sectors of the Gulf reef fish fishery for
groupers (including DWG, red grouper,
gag, and Other SWG) and tilefishes
(including goldface tilefish, blueline
tilefish, and tilefish). For the purposes
of this IFQ program, DWG includes
yellowedge grouper, warsaw grouper,
snowy grouper, speckled hind, and
scamp, but only as specified in
paragraph (a)(7) of this section. For the
purposes of this IFQ program, Other
SWG includes black grouper, scamp,
yellowfin grouper, yellowmouth
grouper, warsaw grouper, and speckled
hind, but only as specified in paragraph
(a)(6) of this section. Under the IFQ
program, the RA initially will assign
E:\FR\FM\31JYR1.SGM
31JYR1
45272
Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Rules and Regulations
eligible participants IFQ shares, in five
share categories. These IFQ shares are
equivalent to a percentage of the annual
commercial quotas for DWG, red
grouper, gag, Other SWG, and tilefishes,
based on their applicable historical
landings. Shares determine the amount
of IFQ allocation for Gulf groupers and
tilefishes, in pounds gutted weight, a
shareholder is initially authorized to
possess, land, or sell in a given calendar
year. Shares and annual IFQ allocation
are transferable. See § 622.4(a)(2)(ix)
regarding a requirement for a vessel
landing groupers or tilefishes subject to
this IFQ program to have an IFQ vessel
account for Gulf groupers and tilefishes.
See § 622.4(a)(4)(ii) regarding a
requirement for a Gulf IFQ dealer
endorsement. Details regarding
eligibility, applicable landings history,
account setup and transaction
requirements, constraints on
transferability, and other provisions of
this IFQ system are provided in the
following paragraphs of this section.
*
*
*
*
*
(4) * * * IFQ allocation for the five
respective share categories is derived at
the beginning of each year by
multiplying a shareholder’s IFQ share
times the annual commercial quota for
gag, red grouper, DWG, Other SWG and
tilefishes. * * *
(5) * * *
(i) Red grouper multi-use allocation.
(A) At the time the commercial quota for
red grouper is distributed to IFQ
shareholders, a percentage of each
shareholder’s initial red grouper
allocation will be converted to red
grouper multi-use allocation. Red
grouper multi-use allocation,
determined annually, will be based on
the following formula:
emcdonald on DSK67QTVN1PROD with RULES
Red Grouper multi-use allocation (in
percent) = 100 * [Gag ACL—Gag commercial
quota]/Red grouper commercial quota
(B) Red grouper multi-use allocation
may be used to possess, land, or sell
either red grouper or gag under certain
conditions. Red grouper multi-use
allocation may be used to possess, land,
or sell red grouper only after an IFQ
account holder’s (shareholder or
allocation holder’s) red grouper
allocation has been landed and sold, or
transferred; and to possess, land, or sell
gag, only after both gag and gag multiuse allocation have been landed and
sold, or transferred. However, if gag is
under a rebuilding plan, the percentage
of red grouper multi-use allocation is
equal to zero.
(ii) Gag multi-use allocation. (A) At
the time the commercial quota for gag is
distributed to IFQ shareholders, a
percentage of each shareholder’s initial
VerDate Mar<15>2010
13:39 Jul 30, 2012
Jkt 226001
gag allocation will be converted to gag
multi-use allocation. Gag multi-use
allocation, determined annually, will be
based on the following formula:
Gag multi-use allocation (in percent) = 100
* [Red grouper ACL—Red grouper
commercial quota]/Gag commercial quota
(B) Gag multi-use allocation may be
used to possess, land, or sell either gag
or red grouper under certain conditions.
Gag multi-use allocation may be used to
possess, land, or sell gag only after an
IFQ account holder’s (shareholder or
allocation holder’s) gag allocation has
been landed and sold, or transferred;
and to possess, land, or sell red grouper,
only after both red grouper and red
grouper multi-use allocation have been
landed and sold, or transferred. Multiuse allocation transfer procedures and
restrictions are specified in paragraph
(b)(4)(iv) of this section. However, if red
grouper is under a rebuilding plan, the
percentage of red grouper multi-use
allocation is equal to zero.
(6) * * * For the purposes of the IFQ
program for Gulf groupers and tilefishes,
after all of an IFQ account holder’s DWG
allocation has been landed and sold, or
transferred, or if an IFQ account holder
has no DWG allocation, then Other SWG
allocation may be used to land and sell
warsaw grouper and speckled hind.
(7) * * * For the purposes of the IFQ
program for Gulf groupers and tilefishes,
after all of an IFQ account holder’s
Other SWG allocation has been landed
and sold, or transferred, or if an IFQ
account holder has no SWG allocation,
then DWG allocation may be used to
land and sell scamp.
*
*
*
*
*
(b) * * *
(3) * * *
(i) * * * The owner or operator of a
vessel landing IFQ groupers or tilefishes
is responsible for ensuring that NMFS is
contacted at least 3 hours, but no more
than 12 hours, in advance of landing to
report the time and location of landing,
estimated grouper and tilefish landings
in pounds gutted weight for each share
category (gag, red grouper, DWG, Other
SWG, tilefishes), vessel identification
number (Coast Guard registration
number or state registration number),
and the name and address of the IFQ
dealer where the groupers or tilefishes
are to be received. * * *
*
*
*
*
*
(6) * * *
(i) IFQ share cap for each share
category. No person, including a
corporation or other entity, may
individually or collectively hold IFQ
shares in any share category (gag, red
grouper, DWG, Other SWG, or tilefishes)
in excess of the maximum share initially
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
issued for the applicable share category
to any person at the beginning of the
IFQ program, as of the date appeals are
resolved and shares are adjusted
accordingly. * * *
*
*
*
*
*
■ 4. In § 622.42, paragraph (a)(1)(iii)
introductory text and paragraph
(a)(1)(iii)(A) are revised to read as
follows:
§ 622.42
Quotas.
*
*
*
*
*
(a) * * *
(1) * * *
(iii) Shallow-water groupers (SWG)
have separate quotas for gag and red
grouper and a combined quota for other
shallow-water grouper (Other SWG)
species (including black grouper,
scamp, yellowfin grouper, and
yellowmouth grouper), as specified in
paragraphs (a)(1)(iii)(A) through (C) of
this section. These quotas are specified
in gutted weight, that is, eviscerated but
otherwise whole.
(A) Other SWG combined. (1) For
fishing year 2012—509,000 lb (230,879
kg).
(2) For fishing year 2013—518,000 lb
(234,961 kg).
(3) For fishing year 2014—523,000 lb
(237,229 kg).
(4) For fishing year 2015 and
subsequent fishing years—525,000 lb
(238,136 kg).
*
*
*
*
*
■ 5. In § 622.49, paragraphs (a)(3) and
(a)(4)(ii)(B) are revised to read as
follows:
§ 622.49 Annual catch limits (ACLs) and
accountability measures (AMs).
(a) * * *
(3) Other shallow-water grouper
(Other SWG) combined (including black
grouper, scamp, yellowfin grouper, and
yellowmouth grouper)—(i) Commercial
sector. The IFQ program for groupers
and tilefishes in the Gulf of Mexico
serves as the accountability measure for
commercial Other SWG. The
commercial ACL for Other SWG is equal
to the applicable quota specified in
§ 622.42(a)(1)(iii)(A).
(ii) Recreational sector. If the sum of
the commercial and recreational
landings, as estimated by the SRD,
exceeds the stock complex ACL
specified in paragraph (a)(3)(iii) of this
section, then during the following
fishing year, if the sum of the
commercial and recreational landings
reaches or is projected to reach the
applicable ACL specified in paragraph
(a)(3)(iii) of this section, the AA will file
a notification with the Office of the
Federal Register to close the recreational
E:\FR\FM\31JYR1.SGM
31JYR1
Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Rules and Regulations
sector for the remainder of that fishing
year.
(iii) The stock complex ACLs for
Other SWG, in gutted weight, are
688,000 lb (312,072 kg) for 2012,
700,000 lb (317,515 kg) for 2013,
707,000 lb (320,690 kg) for 2014, and
710,000 lb (322,051 kg) for 2015 and
subsequent years.
(4) * * *
(ii) * * *
(B) If gag are not overfished, and in
addition to the measures specified in
paragraph (a)(4)(ii)(A) of this section, if
gag recreational landings, as estimated
by the SRD, exceed the applicable ACLs
specified in paragraph (a)(4)(ii)(D) of
this section, the AA will file a
notification with the Office of the
Federal Register to maintain the gag
ACT, specified in paragraph (a)(4)(ii)(D)
of this section, for that following fishing
year at the level of the prior year’s ACT,
unless the best scientific information
available determines that maintaining
the prior year’s ACT is unnecessary.
*
*
*
*
*
[FR Doc. 2012–18665 Filed 7–30–12; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 120606145–2251–01]
RIN 0648–BB75
Atlantic Highly Migratory Species;
North and South Atlantic Swordfish
Quotas and Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This final rule implements
the International Commission for the
Conservation of Atlantic Tunas
(Commission) Recommendation 11–02,
which maintains the U.S. North Atlantic
swordfish base quota allocation, reduces
the annual underharvest carryover from
50 to 25 percent of the base quota,
establishes an quota transfer to Morocco
for 2012 and 2013, and includes an
alternative swordfish minimum size of
25-inches cleithrum to caudal keel (CK).
This final rule also implements
Recommendation 09–03 for South
Atlantic swordfish. It also allows
fishermen to remove the bill of the
swordfish while still meeting the ‘‘headnaturally-attached’’ requirement for
emcdonald on DSK67QTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
13:39 Jul 30, 2012
Jkt 226001
measuring swordfish using the lower
jaw fork length minimum size, modifies
and clarifies regulations regarding
swordfish fishery season closures and
the North Atlantic swordfish quota
reserve category, and adjusts the North
and South Atlantic swordfish quotas for
the 2012 fishing year to account for
2011 underharvests and landings. This
final rule could affect commercial and
recreational fishermen who are fishing
for swordfish in the Atlantic Ocean,
including the Caribbean Sea and Gulf of
Mexico.
DATES: Effective on August 30, 2012.
ADDRESSES: Copies of the supporting
documents—including the 2012
Environmental Assessment, Regulatory
Impact Review, and Final Regulatory
Flexibility Analysis, the 2007
Environmental Assessment, Regulatory
Impact Review, Final Regulatory
Flexibility Analysis, and the 2006
Consolidated Atlantic Highly Migratory
Species (HMS) Fishery Management
Plan (FMP)—are available from the
HMS Web site at https://www.nmfs.noaa.
gov/sfa/hms/.
FOR FURTHER INFORMATION CONTACT:
Steve Durkee by phone: 202–670–6637,
or Delisse Ortiz by phone: 301–427–
8503 or by fax: 301–713–1917.
SUPPLEMENTARY INFORMATION: The U.S.
North and South Atlantic swordfish
fisheries are managed under the 2006
Consolidated HMS FMP, its
amendments, and its implementing
regulations at 50 CFR part 635, pursuant
to the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act), and the Atlantic Tunas Convention
Act (ATCA). Under ATCA, the Secretary
shall promulgate such regulations as
may be necessary and appropriate to
carry out Commission
recommendations.
In November 2011, the Commission
adopted Recommendation 11–02 for
North Atlantic swordfish. This
recommendation was adopted by the
Commission based on the most recent
North Atlantic swordfish stock
assessment and maintains the U.S.
baseline quota of 2,937.6 metric tons
(mt) dressed weight (dw) for 2012 and
2013. Previous Commission
recommendations for North Atlantic
swordfish included a quota transfer of
18.8 mt dw from the United States to
Canada; however, Recommendation 11–
02 eliminates this quota transfer and
includes a transfer of 112.8 mt dw from
the United States to Morocco to support
joint scientific research and Morocco’s
efforts to eliminate the use of driftnets.
Recommendation 11–02 also includes a
provision for the submission of annual
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
45273
swordfish management plans and a
change to the underharvest carryover
provisions. The recommendation limits
the amount of underharvested quota
that can be carried over by CPCs,
including the United States, allocated a
baseline quota greater than 500 mt from
50 to 25 percent of the baseline quota.
All other CPCs are limited to an
underharvest carryover limit of 50
percent of their baseline quota. This
recommendation also includes an
option for countries to use a CK
minimum size measurement of 25
inches.
The proposed rule (77 FR 25669, May
1, 2012) and draft environmental
assessment contained additional details
regarding the impacts of the alternatives
considered and a brief summary of the
recent management history. Those
details are not repeated here.
In this final action, NMFS maintains
the U.S. base quota of 2,937.6 mt dw for
North Atlantic swordfish, implements
the quota transfer of 112.8 mt dw from
the United States to Morocco for 2012,
and reduces the North Atlantic
swordfish underharvest carryover from
50 to 25 percent of the base quota
pursuant to Recommendation 11–02.
For South Atlantic swordfish, this
action implements Recommendation
09–03, which set the 2012 U.S. South
Atlantic swordfish quota at 100 mt ww
(75.2 mt dw), limits the U.S.
carryforward of underharvest to 75 mt
dw, and authorizes the transfer of 50 mt
ww (37.6 mt dw) to Namibia, 25 mt ww
ˆ
(18.8 mt dw) to Cote d’Ivore, and 25 mt
ww (18.8 mt dw) to Belize. In addition,
this final action implements a new
alternative 25-inch CK minimum size
measurement per Recommendation 11–
02 and allows the existing 47-inch lower
jaw fork length measurement to apply to
swordfish without a bill, provided the
bill has been removed forward of the
anterior tip of the lower jaw and the
head is naturally attached. Finally, this
final rule will allow NMFS to transfer
quota from the directed category to the
incidental or reserve quota categories
and use the quota in the reserve
category to account for fishery research
landings. This simplifies the North
Atlantic swordfish reserve category
description and explicitly states the
annual reserve category allocation to be
50 mt dw. Additionally, the regulatory
language is modified so that
Commission-negotiated quota transfers
of North Atlantic swordfish will be
moved from the U.S. baseline quota
rather than the reserve category.
E:\FR\FM\31JYR1.SGM
31JYR1
]]>Agencies
[Federal Register Volume 77, Number 147 (Tuesday, July 31, 2012)]
[Rules and Regulations]
[Pages 45270-45273]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18665]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 100217095-2258-06]
RIN 0648-AY56
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Amendment 32 Supplement
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this supplement to the regulations that
implemented management measures described in Amendment 32 to the
Fishery Management Plan (FMP) for the Reef Fish Resources of the Gulf
of Mexico (Amendment 32) prepared by the Gulf of Mexico Fishery
Management Council (Council). After the February 10, 2012, publication
of the final rule for Amendment 32, NMFS identified inconsistencies in
the regulatory text regarding the quotas and annual catch limits (ACLs)
for ``other shallow-water grouper'' (Other SWG) that needed correction.
This final rule revises the regulatory text regarding the quotas and
ACLs for Other SWG. In addition, this final rule implements some minor
revisions to the regulatory text to improve the clarity of the
regulations.
DATES: This rule is effective August 30, 2012.
ADDRESSES: Electronic copies of Amendment 32, 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/GrouperSnapperandReefFish.htm.
FOR FURTHER INFORMATION CONTACT: Peter Hood, Southeast Regional Office,
NMFS, telephone 727-824-5305; email: Peter.Hood@noaa.gov.
[[Page 45271]]
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico
(Gulf) 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).
Background
On, April 6, 2012, NMFS published a proposed rule (77 FR 20775) to
supplement the regulations that implemented management measures
described in Amendment 32 (77 FR 6988, February 10, 2012). That
proposed rule outlined the rationale for the actions contained in this
final rule and is not repeated here.
Management measures implemented through this final rule reinstate
the commercial Other SWG quotas and the stock complex commercial ACLs
for Other SWG, as established in the final rule which implemented the
ACLs and Accountability Measures Amendment for Reef Fish, Red Drum,
Shrimp, and Coral Fisheries of the Gulf of Mexico (Generic ACL
Amendment) (76 FR 82044, December 29, 2011), as well as remove the
commercial shallow-water grouper (SWG) quotas and commercial SWG ACL
erroneously included in the rule implementing Amendment 32.
Specifically, this final rule implements the commercial quotas
(commercial ACLs), in gutted weight, for Other SWG combined: for
fishing year 2012--509,000 lb (230,879 kg), for fishing year 2013--
518,000 lb (234,961 kg), for fishing year 2014--523,000 lb (237,229
kg), and finally, for fishing year 2015 and subsequent fishing years--
525,000 lb (238,136 kg) as well as the stock complex ACLs for Other
SWG, in gutted weight: 688,000 lb (312,072 kg) for 2012, 700,000 lb
(317,515 kg) for 2013, 707,000 lb (320,690 kg) for 2014, and 710,000 lb
(322,051 kg) for 2015 and subsequent years.
In addition, this final rule implements some minor non-substantive
revisions to improve the clarity of the regulations. First, NMFS
revises the term ``other SWG'' to read ``Other SWG'' throughout the 50
CFR part 622 regulations to improve the clarity of the regulations as
they apply in the Gulf. This rule also amends the definition of SWG to
include the definition for Other SWG. In the Gulf, Other SWG still
includes black grouper, scamp, yellowfin grouper, and yellowmouth
grouper. Second, in two instances in the regulations, sentences within
a paragraph are reordered to improve clarity. Third, a sentence is
deleted in the regulations because it is already stated in the
preceding paragraph and is therefore redundant.
Discussion of the management measures contained in Amendment 32 is
provided in the previous proposed and final rules (see 76 FR 67656, 77
FR 6988, 77 FR 20775) as well as in Amendment 32, and is not repeated
here.
Comments and Reponses
No comments were received in relation to the proposed rule
published on April 6, 2012 (77 FR 20775).
Changes From the Proposed Rule
NMFS has made minor, non-substantive revisions to the regulatory
text contained in the proposed rule. In Sec. 622.20, paragraphs (a)(6)
and (a)(7), the term ``once'' is revised to read ``after'' to improve
the clarity of the regulations. In Sec. 622.49, paragraph
(a)(4)(ii)(B), NMFS amended the term ``target catch (ACT)'' to read
``ACT'' to be consistent with the language used within Amendment 32.
This clarification of the regulatory text is not substantive and will
alleviate confusion for Gulf reef fish fishermen regarding the
regulations.
Classification
The Regional Administrator, Southeast Region, NMFS has determined
that the actions contained in this final rule are necessary for the
conservation and management of the reef fish fishery in the Gulf and
that they are consistent with Amendment 32, the Magnuson-Stevens Act,
and other applicable law.
This 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 during the proposed rule stage that this action 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 is not repeated here. No comments were received
regarding the certification provided in the proposed rule (77 FR 20775,
April 6, 2012). No changes to the final rule were made in response to
public comments. As a result, a final regulatory flexibility analysis
was not required and none was prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: July 26, 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. 622.2, the definition for ``Shallow-water grouper (SWG)''
is revised to read as follows:
Sec. 622.2 Definitions and acronyms.
* * * * *
Shallow-water grouper (SWG) means, in the Gulf, gag, red grouper,
black grouper, scamp, yellowfin grouper, and yellowmouth grouper. Other
shallow-water grouper (Other SWG) means, in the Gulf, SWG excluding gag
and red grouper (i.e., black grouper, scamp, yellowfin grouper, and
yellowmouth grouper). In addition, for the purposes of the IFQ program
for Gulf groupers and tilefishes in Sec. 622.20, speckled hind and
warsaw grouper are also included as Other SWG as specified in Sec.
622.20(a)(6).
* * * * *
0
3. In Sec. 622.20, paragraph (a) introductory text, the second
sentence of paragraph (a)(4), paragraphs (a)(5)(i) and (a)(5)(ii), the
second sentence of paragraphs (a)(6), (a)(7), (b)(3)(i), and the first
sentence of paragraph (b)(6)(i) are revised to read as follows:
Sec. 622.20 Individual fishing quota (IFQ) program for Gulf groupers
and tilefishes.
(a) General. This section establishes an IFQ program for the
commercial sectors of the Gulf reef fish fishery for groupers
(including DWG, red grouper, gag, and Other SWG) and tilefishes
(including goldface tilefish, blueline tilefish, and tilefish). For the
purposes of this IFQ program, DWG includes yellowedge grouper, warsaw
grouper, snowy grouper, speckled hind, and scamp, but only as specified
in paragraph (a)(7) of this section. For the purposes of this IFQ
program, Other SWG includes black grouper, scamp, yellowfin grouper,
yellowmouth grouper, warsaw grouper, and speckled hind, but only as
specified in paragraph (a)(6) of this section. Under the IFQ program,
the RA initially will assign
[[Page 45272]]
eligible participants IFQ shares, in five share categories. These IFQ
shares are equivalent to a percentage of the annual commercial quotas
for DWG, red grouper, gag, Other SWG, and tilefishes, based on their
applicable historical landings. Shares determine the amount of IFQ
allocation for Gulf groupers and tilefishes, in pounds gutted weight, a
shareholder is initially authorized to possess, land, or sell in a
given calendar year. Shares and annual IFQ allocation are transferable.
See Sec. 622.4(a)(2)(ix) regarding a requirement for a vessel landing
groupers or tilefishes subject to this IFQ program to have an IFQ
vessel account for Gulf groupers and tilefishes. See Sec.
622.4(a)(4)(ii) regarding a requirement for a Gulf IFQ dealer
endorsement. Details regarding eligibility, applicable landings
history, account setup and transaction requirements, constraints on
transferability, and other provisions of this IFQ system are provided
in the following paragraphs of this section.
* * * * *
(4) * * * IFQ allocation for the five respective share categories
is derived at the beginning of each year by multiplying a shareholder's
IFQ share times the annual commercial quota for gag, red grouper, DWG,
Other SWG and tilefishes. * * *
(5) * * *
(i) Red grouper multi-use allocation. (A) At the time the
commercial quota for red grouper is distributed to IFQ shareholders, a
percentage of each shareholder's initial red grouper allocation will be
converted to red grouper multi-use allocation. Red grouper multi-use
allocation, determined annually, will be based on the following
formula:
Red Grouper multi-use allocation (in percent) = 100 * [Gag ACL--
Gag commercial quota]/Red grouper commercial quota
(B) Red grouper multi-use allocation may be used to possess, land,
or sell either red grouper or gag under certain conditions. Red grouper
multi-use allocation may be used to possess, land, or sell red grouper
only after an IFQ account holder's (shareholder or allocation holder's)
red grouper allocation has been landed and sold, or transferred; and to
possess, land, or sell gag, only after both gag and gag multi-use
allocation have been landed and sold, or transferred. However, if gag
is under a rebuilding plan, the percentage of red grouper multi-use
allocation is equal to zero.
(ii) Gag multi-use allocation. (A) At the time the commercial quota
for gag is distributed to IFQ shareholders, a percentage of each
shareholder's initial gag allocation will be converted to gag multi-use
allocation. Gag multi-use allocation, determined annually, will be
based on the following formula:
Gag multi-use allocation (in percent) = 100 * [Red grouper ACL--
Red grouper commercial quota]/Gag commercial quota
(B) Gag multi-use allocation may be used to possess, land, or sell
either gag or red grouper under certain conditions. Gag multi-use
allocation may be used to possess, land, or sell gag only after an IFQ
account holder's (shareholder or allocation holder's) gag allocation
has been landed and sold, or transferred; and to possess, land, or sell
red grouper, only after both red grouper and red grouper multi-use
allocation have been landed and sold, or transferred. Multi-use
allocation transfer procedures and restrictions are specified in
paragraph (b)(4)(iv) of this section. However, if red grouper is under
a rebuilding plan, the percentage of red grouper multi-use allocation
is equal to zero.
(6) * * * For the purposes of the IFQ program for Gulf groupers and
tilefishes, after all of an IFQ account holder's DWG allocation has
been landed and sold, or transferred, or if an IFQ account holder has
no DWG allocation, then Other SWG allocation may be used to land and
sell warsaw grouper and speckled hind.
(7) * * * For the purposes of the IFQ program for Gulf groupers and
tilefishes, after all of an IFQ account holder's Other SWG allocation
has been landed and sold, or transferred, or if an IFQ account holder
has no SWG allocation, then DWG allocation may be used to land and sell
scamp.
* * * * *
(b) * * *
(3) * * *
(i) * * * The owner or operator of a vessel landing IFQ groupers or
tilefishes is responsible for ensuring that NMFS is contacted at least
3 hours, but no more than 12 hours, in advance of landing to report the
time and location of landing, estimated grouper and tilefish landings
in pounds gutted weight for each share category (gag, red grouper, DWG,
Other SWG, tilefishes), vessel identification number (Coast Guard
registration number or state registration number), and the name and
address of the IFQ dealer where the groupers or tilefishes are to be
received. * * *
* * * * *
(6) * * *
(i) IFQ share cap for each share category. No person, including a
corporation or other entity, may individually or collectively hold IFQ
shares in any share category (gag, red grouper, DWG, Other SWG, or
tilefishes) in excess of the maximum share initially issued for the
applicable share category to any person at the beginning of the IFQ
program, as of the date appeals are resolved and shares are adjusted
accordingly. * * *
* * * * *
0
4. In Sec. 622.42, paragraph (a)(1)(iii) introductory text and
paragraph (a)(1)(iii)(A) are revised to read as follows:
Sec. 622.42 Quotas.
* * * * *
(a) * * *
(1) * * *
(iii) Shallow-water groupers (SWG) have separate quotas for gag and
red grouper and a combined quota for other shallow-water grouper (Other
SWG) species (including black grouper, scamp, yellowfin grouper, and
yellowmouth grouper), as specified in paragraphs (a)(1)(iii)(A) through
(C) of this section. These quotas are specified in gutted weight, that
is, eviscerated but otherwise whole.
(A) Other SWG combined. (1) For fishing year 2012--509,000 lb
(230,879 kg).
(2) For fishing year 2013--518,000 lb (234,961 kg).
(3) For fishing year 2014--523,000 lb (237,229 kg).
(4) For fishing year 2015 and subsequent fishing years--525,000 lb
(238,136 kg).
* * * * *
0
5. In Sec. 622.49, paragraphs (a)(3) and (a)(4)(ii)(B) are revised to
read as follows:
Sec. 622.49 Annual catch limits (ACLs) and accountability measures
(AMs).
(a) * * *
(3) Other shallow-water grouper (Other SWG) combined (including
black grouper, scamp, yellowfin grouper, and yellowmouth grouper)--(i)
Commercial sector. The IFQ program for groupers and tilefishes in the
Gulf of Mexico serves as the accountability measure for commercial
Other SWG. The commercial ACL for Other SWG is equal to the applicable
quota specified in Sec. 622.42(a)(1)(iii)(A).
(ii) Recreational sector. If the sum of the commercial and
recreational landings, as estimated by the SRD, exceeds the stock
complex ACL specified in paragraph (a)(3)(iii) of this section, then
during the following fishing year, if the sum of the commercial and
recreational landings reaches or is projected to reach the applicable
ACL specified in paragraph (a)(3)(iii) of this section, the AA will
file a notification with the Office of the Federal Register to close
the recreational
[[Page 45273]]
sector for the remainder of that fishing year.
(iii) The stock complex ACLs for Other SWG, in gutted weight, are
688,000 lb (312,072 kg) for 2012, 700,000 lb (317,515 kg) for 2013,
707,000 lb (320,690 kg) for 2014, and 710,000 lb (322,051 kg) for 2015
and subsequent years.
(4) * * *
(ii) * * *
(B) If gag are not overfished, and in addition to the measures
specified in paragraph (a)(4)(ii)(A) of this section, if gag
recreational landings, as estimated by the SRD, exceed the applicable
ACLs specified in paragraph (a)(4)(ii)(D) of this section, the AA will
file a notification with the Office of the Federal Register to maintain
the gag ACT, specified in paragraph (a)(4)(ii)(D) of this section, for
that following fishing year at the level of the prior year's ACT,
unless the best scientific information available determines that
maintaining the prior year's ACT is unnecessary.
* * * * *
[FR Doc. 2012-18665 Filed 7-30-12; 8:45 am]
BILLING CODE 3510-22-P
