Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Fishing Year 2012 Days-at-Sea Adjustment for Common Pool Fishery; Announcement of Fishing Year 2011 Sector Annual Catch Entitlement Carryover, 59132-59136 [2012-23734]
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59132
Federal Register / Vol. 77, No. 187 / Wednesday, September 26, 2012 / Rules and Regulations
render final decisions on the appeals,
and advise the appellant of the final
decision. Appeals based on hardship
factors will not be considered. The RA
will determine the outcome of appeals
based on NMFS’ logbooks. If NMFS’
logbooks are not available, the RA may
use state landings records. Appellants
must submit NMFS’ logbooks or state
landings records, as appropriate, to
support their appeal.
(2) Share transfers. All or a portion of
a person’s percentage shares are
transferrable. Transfer of shares must be
reported on a form available from the
RA. The RA will confirm, in writing,
each transfer of shares. The effective
date of each transfer is the confirmation
date provided by the RA. NMFS charges
a fee for each transfer of shares and
calculates the amount in accordance
with the procedures of the NOAA
Finance Handbook. The handbook is
available from the RA. The fee may not
exceed such costs and is specified with
each transfer form. The appropriate fee
must accompany each transfer form.
(3) ITQ share cap. No person,
including a corporation or other entity,
may individually or collectively hold
ITQ shares in excess of 49 percent of the
total shares. For the purposes of
considering the share cap, a
corporation’s total ITQ share is
determined by adding the corporation’s
ITQ shares to any other ITQ shares the
corporation owns in another
corporation. If an individual ITQ
shareholder is also a shareholder in a
corporation that holds ITQ shares, an
individual’s total ITQ share is
determined by adding the applicable
ITQ shares held by the individual to the
applicable ITQ shares equivalent to the
corporate share the individual holds in
a corporation. A corporation must
provide the RA the identity of the
shareholders of the corporation and
their percent of shares in the
corporation, and provide updated
information to the RA within 30 days of
when a change occurs. This information
must also be provided to the RA any
time a commercial vessel permit for
wreckfish is renewed or transferred.
*
*
*
*
*
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[FR Doc. 2012–23731 Filed 9–25–12; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 120109034–2153–02]
RIN 0648–XC168
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Fishing Year 2012 Days-at-Sea
Adjustment for Common Pool Fishery;
Announcement of Fishing Year 2011
Sector Annual Catch Entitlement
Carryover
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule.
AGENCY:
NMFS adjusts the differential
days-at-sea (DAS) rate for common pool
vessels for fishing year (FY) 2012 due to
overages of FY 2011 catch levels. This
measure will help prevent FY 2012
catch levels from being exceeded. NMFS
also announces the final amount of
unused FY 2011 annual catch
entitlement (ACE) carryover available to
each sector in FY 2012.
DATES: Effective September 26, 2012,
through April 30, 2013.
FOR FURTHER INFORMATION CONTACT:
Brett Alger, Fisheries Management
Specialist, (978) 675–2153.
SUPPLEMENTARY INFORMATION:
SUMMARY:
FY 2012 Differential DAS Counting for
Common Pool Vessels
Amendment 16 to the Northeast (NE)
Multispecies Fishery Management Plan
requires that a catch overage of a subannual catch limit (sub-ACL) or total
ACL, triggers an accountability measure
(AM) for common pool vessels in the
distinct Differential DAS Area where
each stock is predominantly caught. The
AM is a differential DAS adjustment to
all Category A DAS used by common
pool vessels, and is applied to the time
spent in the applicable DAS counting
area where a vessel fishes. The AMs
account for the percentage by which the
sub-ACL or total ACL is exceeded, and
are meant to prevent overages of future
catch levels. For example, an overage of
the Atlantic halibut sub-ACL requires a
differential DAS rate adjustment to be
applied to common pool vessels fishing
in the area(s) that past catch information
shows the majority of the Atlantic
halibut is caught. The AM regulation at
50 CFR 648.82(n) also requires applying
an additional differential DAS counting
factor in an area for a specific stock if
PO 00000
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Fmt 4700
Sfmt 4700
the sub-ACL is exceeded again in a
subsequent year, to account for both
year’s overages. For example, if the subACL for Georges Bank (GB) winter
flounder was exceeded in FY 2010 by 60
percent and triggered a differential DAS
adjustment (1.6) in FY 2011, and the
sub-ACL was exceeded again in FY 2011
by 30 percent (requiring a 1.3
differential), then in FY 2012, a
differential DAS rate of 2.1 (1.6 × 1.3)
would be applied.
Final FY 2011 sector and common
pool catch information became available
in June 2012. This information showed
that in the commercial groundfish
fishery (sector and common pool only),
the sub-ACL for Atlantic halibut was
exceeded by 29 percent. This requires
NMFS to implement a differential DAS
rate of 1.3 in the Offshore Gulf of Maine
(GOM) and the Inshore GB Differential
DAS areas as an AM for Atlantic
halibut.
Final FY 2011 sector and common
pool catch information shows that the
sub-ACL for northern windowpane
flounder was exceeded by 42 percent.
The northern windowpane flounder
overage occurred despite a differential
DAS rate of 1.3 applied in FY 2011 due
to an overage in FY 2010 of 27 percent.
As a result, NMFS is required to
implement a differential DAS rate of 1.8
(1.3 × 1.4) in the Offshore GB
Differential DAS Area as a result of the
consecutive FY 2010 and 2011 overages
of northern windowpane flounder.
In addition to the commercial
groundfish fishery information, NMFS
has preliminary FY 2011 catch estimates
for other components of the groundfish
fishery, i.e., exempted fisheries, nongroundfish vessels (e.g., scallop vessels),
and state-only permitted vessels. Based
on these preliminary estimates of the
other components of the groundfish
fishery and final FY 2011 sector and
common pool catch information, the
total ACL for southern windowpane
flounder was exceeded by 135 percent.
This overage also requires a differential
DAS adjustment for common pool
vessels fishing in the area where the
stock is predominantly caught.
Therefore, a differential DAS rate of 2.4
will be applied to common pool vessels
fishing in the Southern New England
(SNE)/Mid-Atlantic (MA) Differential
DAS Area as an AM for southern
windowpane flounder. Further
adjustments to the common pool
differential DAS rate are possible based
on final 2011 catch information for
other components of the groundfish
fishery.
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Federal Register / Vol. 77, No. 187 / Wednesday, September 26, 2012 / Rules and Regulations
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Jkt 226001
cannot be carried over because catch
levels for this stock are set each year by
the U.S./Canada Resource Sharing
Understanding. In addition, although
the New Hampshire and Maine Permit
Banks are allocated ACE for each FY,
PO 00000
Frm 00089
Fmt 4700
Sfmt 4725
they are not eligible to carry over any
amount of uncaught ACE. The following
tables show the carryover for each
Sector for FY 2011 based on final catch
data.
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FY 2011 Sector ACE Carryover
The regulations allow each sector to
carry over into the following fishing
year up to 10 percent of its initial
allocation for all but one groundfish
stock. ACE for GB yellowtail flounder
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Federal Register / Vol. 77, No. 187 / Wednesday, September 26, 2012 / Rules and Regulations
59136
Federal Register / Vol. 77, No. 187 / Wednesday, September 26, 2012 / Rules and Regulations
Classification
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This action is authorized by 50 CFR
part 648 and is exempt from review
under Executive Order 12866.
The Assistant Administrator for
Fisheries, NOAA (AA) finds good cause
pursuant to 5 U.S.C. 553(b)(3)(B) to
waive prior notice and opportunity for
public comment on these in-season DAS
Differential and ACE carryover
adjustments. Delay in the adjustments’
effectiveness is impracticable,
unnecessary, and contrary to the public
interest and could hamper a fisherman’s
ability to make business decisions. Plus,
the public has already been provided
with an opportunity for notice and
comment on potential adjustments,
including the basis for such
adjustments.
Notice and comment are
impracticable, unnecessary, and
contrary to the public interest. A delay
implementing adjustments based on this
information would prolong the time
period that the fishery would be
operating under a less restrictive
differential DAS rate and could subject
the vessels to FY 2012 overages, which
would require even more restrictive
AMs next year. Also, ACE carryover
amounts may increase fishing
opportunities available to each sector
VerDate Mar<15>2010
16:42 Sep 25, 2012
Jkt 226001
for FY 2012 or affect a sector’s trading
decisions for available ACE.
Common pool fishermen and sectors
adjust their fishing plans based on
available DAS and ACE. Delaying the
effectiveness of the DAS Differential
adjustments could hamper a common
pool fisherman’s ability to make
effective business decisions based on
the number of DAS available to them.
Likewise, a delay in the ACE carryover
adjustments for sectors could disrupt
sector operations and prevent sectors
from planning for the fishing year based
on the amount of ACE available to them
in FY 2012. FY 2011 ACE carryover may
increase fishing opportunities available
to each sector in FY 2012, especially if
a sector has a small allocation for
particular stocks. A delay in this action
could result in foregone fishing
opportunities during summer months
when weather conditions are generally
better. Because ACE may be traded
between sectors, a delay in this action
could also affect the ACE available to
the market for trading, to the economic
detriment of the fishery.
Lastly, a delay for prior opportunity
for public comments is unnecessary and
impracticable because the public was
provided the opportunity to comment
on the possibility of the anticipated
adjustments, including the basis for
such adjustments. Both the Framework
PO 00000
Frm 00092
Fmt 4700
Sfmt 9990
Adjustment 47 final rule and the FY
2012 adjustment rule based on final
sector rosters indicated that future
adjustments may be made based on
updated FY 2011 catch information and
final sector rosters. Additionally, the
Amendment 16 final rule indicated that
differential DAS may be adjusted as an
AM for the Common Pool. NMFS is
making these adjustments now because
FY 2011 catch information and sector
final rosters only recently became
available.
For the same reasons stated above, the
AA finds good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in
effectiveness so that this final rule may
become effective upon filing. Waiving
this delay in effectiveness will help
fishermen avoid exceeding FY 2012
catch limits. Finally, implementing this
exemption as early as possible will
provide fishermen and sectors the
flexibility to strategize and adjust their
plans for the remainder of the fishing
year.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 21, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2012–23734 Filed 9–25–12; 8:45 am]
BILLING CODE 3510–22–C
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]]>Agencies
[Federal Register Volume 77, Number 187 (Wednesday, September 26, 2012)]
[Rules and Regulations]
[Pages 59132-59136]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23734]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 120109034-2153-02]
RIN 0648-XC168
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Fishing Year 2012 Days-at-Sea Adjustment for
Common Pool Fishery; Announcement of Fishing Year 2011 Sector Annual
Catch Entitlement Carryover
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule.
-----------------------------------------------------------------------
SUMMARY: NMFS adjusts the differential days-at-sea (DAS) rate for
common pool vessels for fishing year (FY) 2012 due to overages of FY
2011 catch levels. This measure will help prevent FY 2012 catch levels
from being exceeded. NMFS also announces the final amount of unused FY
2011 annual catch entitlement (ACE) carryover available to each sector
in FY 2012.
DATES: Effective September 26, 2012, through April 30, 2013.
FOR FURTHER INFORMATION CONTACT: Brett Alger, Fisheries Management
Specialist, (978) 675-2153.
SUPPLEMENTARY INFORMATION:
FY 2012 Differential DAS Counting for Common Pool Vessels
Amendment 16 to the Northeast (NE) Multispecies Fishery Management
Plan requires that a catch overage of a sub-annual catch limit (sub-
ACL) or total ACL, triggers an accountability measure (AM) for common
pool vessels in the distinct Differential DAS Area where each stock is
predominantly caught. The AM is a differential DAS adjustment to all
Category A DAS used by common pool vessels, and is applied to the time
spent in the applicable DAS counting area where a vessel fishes. The
AMs account for the percentage by which the sub-ACL or total ACL is
exceeded, and are meant to prevent overages of future catch levels. For
example, an overage of the Atlantic halibut sub-ACL requires a
differential DAS rate adjustment to be applied to common pool vessels
fishing in the area(s) that past catch information shows the majority
of the Atlantic halibut is caught. The AM regulation at 50 CFR
648.82(n) also requires applying an additional differential DAS
counting factor in an area for a specific stock if the sub-ACL is
exceeded again in a subsequent year, to account for both year's
overages. For example, if the sub-ACL for Georges Bank (GB) winter
flounder was exceeded in FY 2010 by 60 percent and triggered a
differential DAS adjustment (1.6) in FY 2011, and the sub-ACL was
exceeded again in FY 2011 by 30 percent (requiring a 1.3 differential),
then in FY 2012, a differential DAS rate of 2.1 (1.6 x 1.3) would be
applied.
Final FY 2011 sector and common pool catch information became
available in June 2012. This information showed that in the commercial
groundfish fishery (sector and common pool only), the sub-ACL for
Atlantic halibut was exceeded by 29 percent. This requires NMFS to
implement a differential DAS rate of 1.3 in the Offshore Gulf of Maine
(GOM) and the Inshore GB Differential DAS areas as an AM for Atlantic
halibut.
Final FY 2011 sector and common pool catch information shows that
the sub-ACL for northern windowpane flounder was exceeded by 42
percent. The northern windowpane flounder overage occurred despite a
differential DAS rate of 1.3 applied in FY 2011 due to an overage in FY
2010 of 27 percent. As a result, NMFS is required to implement a
differential DAS rate of 1.8 (1.3 x 1.4) in the Offshore GB
Differential DAS Area as a result of the consecutive FY 2010 and 2011
overages of northern windowpane flounder.
In addition to the commercial groundfish fishery information, NMFS
has preliminary FY 2011 catch estimates for other components of the
groundfish fishery, i.e., exempted fisheries, non-groundfish vessels
(e.g., scallop vessels), and state-only permitted vessels. Based on
these preliminary estimates of the other components of the groundfish
fishery and final FY 2011 sector and common pool catch information, the
total ACL for southern windowpane flounder was exceeded by 135 percent.
This overage also requires a differential DAS adjustment for common
pool vessels fishing in the area where the stock is predominantly
caught. Therefore, a differential DAS rate of 2.4 will be applied to
common pool vessels fishing in the Southern New England (SNE)/Mid-
Atlantic (MA) Differential DAS Area as an AM for southern windowpane
flounder. Further adjustments to the common pool differential DAS rate
are possible based on final 2011 catch information for other components
of the groundfish fishery.
[[Page 59133]]
FY 2011 Sector ACE Carryover
The regulations allow each sector to carry over into the following
fishing year up to 10 percent of its initial allocation for all but one
groundfish stock. ACE for GB yellowtail flounder cannot be carried over
because catch levels for this stock are set each year by the U.S./
Canada Resource Sharing Understanding. In addition, although the New
Hampshire and Maine Permit Banks are allocated ACE for each FY, they
are not eligible to carry over any amount of uncaught ACE. The
following tables show the carryover for each Sector for FY 2011 based
on final catch data.
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[GRAPHIC] [TIFF OMITTED] TR26SE12.002
[[Page 59135]]
[GRAPHIC] [TIFF OMITTED] TR26SE12.003
[[Page 59136]]
Classification
This action is authorized by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
The Assistant Administrator for Fisheries, NOAA (AA) finds good
cause pursuant to 5 U.S.C. 553(b)(3)(B) to waive prior notice and
opportunity for public comment on these in-season DAS Differential and
ACE carryover adjustments. Delay in the adjustments' effectiveness is
impracticable, unnecessary, and contrary to the public interest and
could hamper a fisherman's ability to make business decisions. Plus,
the public has already been provided with an opportunity for notice and
comment on potential adjustments, including the basis for such
adjustments.
Notice and comment are impracticable, unnecessary, and contrary to
the public interest. A delay implementing adjustments based on this
information would prolong the time period that the fishery would be
operating under a less restrictive differential DAS rate and could
subject the vessels to FY 2012 overages, which would require even more
restrictive AMs next year. Also, ACE carryover amounts may increase
fishing opportunities available to each sector for FY 2012 or affect a
sector's trading decisions for available ACE.
Common pool fishermen and sectors adjust their fishing plans based
on available DAS and ACE. Delaying the effectiveness of the DAS
Differential adjustments could hamper a common pool fisherman's ability
to make effective business decisions based on the number of DAS
available to them. Likewise, a delay in the ACE carryover adjustments
for sectors could disrupt sector operations and prevent sectors from
planning for the fishing year based on the amount of ACE available to
them in FY 2012. FY 2011 ACE carryover may increase fishing
opportunities available to each sector in FY 2012, especially if a
sector has a small allocation for particular stocks. A delay in this
action could result in foregone fishing opportunities during summer
months when weather conditions are generally better. Because ACE may be
traded between sectors, a delay in this action could also affect the
ACE available to the market for trading, to the economic detriment of
the fishery.
Lastly, a delay for prior opportunity for public comments is
unnecessary and impracticable because the public was provided the
opportunity to comment on the possibility of the anticipated
adjustments, including the basis for such adjustments. Both the
Framework Adjustment 47 final rule and the FY 2012 adjustment rule
based on final sector rosters indicated that future adjustments may be
made based on updated FY 2011 catch information and final sector
rosters. Additionally, the Amendment 16 final rule indicated that
differential DAS may be adjusted as an AM for the Common Pool. NMFS is
making these adjustments now because FY 2011 catch information and
sector final rosters only recently became available.
For the same reasons stated above, the AA finds good cause under 5
U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness so that
this final rule may become effective upon filing. Waiving this delay in
effectiveness will help fishermen avoid exceeding FY 2012 catch limits.
Finally, implementing this exemption as early as possible will provide
fishermen and sectors the flexibility to strategize and adjust their
plans for the remainder of the fishing year.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 21, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2012-23734 Filed 9-25-12; 8:45 am]
BILLING CODE 3510-22-C
