Fisheries of the Northeastern United States; Northeast Multispecies; Amendment 19, 64303-64304 [2012-25824]
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tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 203 / Friday, October 19, 2012 / Proposed Rules
(4) * * *
(ii) * * *
(A) Without regard to overfished
status, if gag recreational landings, as
estimated by the SRD, reach or are
projected to reach 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 close the
recreational sector for the remainder of
the fishing year. On and after the
effective date of such a notification, the
bag and possession limit of gag in or
from the Gulf EEZ is zero. This bag and
possession limit applies in the Gulf on
board a vessel for which a valid Federal
charter vessel/headboat permit for Gulf
reef fish has been issued, without regard
to where such species were harvested,
i.e. in state or Federal waters.
(B) Without regard to overfished
status, 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. In
addition, the notification will reduce
the length of the recreational gag fishing
season the following fishing year by the
amount necessary to ensure gag
recreational landings do not exceed the
recreational ACT in the following
fishing year.
(C) If gag are overfished, based on the
most recent status of U.S. Fisheries
Report to Congress, and gag recreational
landings, as estimated by the SRD,
exceed the applicable ACL specified in
paragraph (a)(4)(ii)(D) of this section,
the following measures will apply. In
addition to the measures specified in
paragraphs (a)(4)(ii)(A) and (B) of this
section, the AA will file a notification
with the Office of the Federal Register,
at or near the beginning of the following
fishing year to reduce the ACL for that
following year by the amount of the
ACL overage in the prior fishing year,
and reduce the ACT, as determined in
paragraph (a)(4)(ii)(B), by the amount of
the ACL overage in the prior fishing
year, unless the best scientific
information available determines that a
greater, lesser, or no overage adjustment
is necessary.
(D) The applicable recreational ACLs
for gag, in gutted weight, are 1.232
million lb (0.559 million kg) for 2012,
1.495 million lb (0.678 million kg) for
VerDate Mar<15>2010
16:04 Oct 18, 2012
Jkt 229001
2013, 1.720 million lb (0.780 million kg)
for 2014, and 1.903 million lb (0.863
million kg) for 2015 and subsequent
fishing years. The recreational ACTs for
gag, in gutted weight, are 1.031 million
lb (0.468 million kg) for 2012, 1.287
million lb (0.584 million kg) for 2013,
1.519 million lb (0.689 million kg) for
2014, and 1.708 million lb (0.775
million kg) for 2015 and subsequent
fishing years.
(5) * * *
(ii) * * *
(B) Without regard to overfished
status, and in addition to the measures
specified in paragraph (a)(5)(ii)(A) of
this section, if red grouper recreational
landings, as estimated by the SRD,
exceed the applicable ACL specified in
paragraph (a)(5)(ii)(D) of this section,
the AA will file a notification with the
Office of the Federal Register to
maintain the red grouper ACT, specified
in paragraph (a)(5)(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. In addition,
the notification will reduce the bag limit
by one fish and reduce the length of the
recreational red grouper fishing season
the following fishing year by the amount
necessary to ensure red grouper
recreational landings do not exceed the
recreational ACT in the following
fishing year. The minimum red grouper
bag limit for 2014 and subsequent
fishing years is two fish.
(C) If red grouper are overfished,
based on the most recent Status of U.S.
Fisheries Report to Congress, and red
grouper recreational landings, as
estimated by the SRD, exceed the
applicable ACL specified in paragraph
(a)(5)(ii)(D) of this section, the following
measures will apply. In addition to the
measures specified in paragraphs
(a)(5)(ii)(A) and (B) of this section, the
AA will file a notification with the
Office of the Federal Register, at or near
the beginning of the following fishing
year to reduce the ACL for that
following year by the amount of the
ACL overage in the prior fishing year,
and reduce the ACT, as determined in
paragraph (a)(5)(ii)(B), by the amount of
the ACL overage in the prior fishing
year, unless the best scientific
information available determines that a
greater, lesser, or no overage adjustment
is necessary.
(D) The recreational ACL for red
grouper, in gutted weight, is 1.90
million lb (0.862 million kg) for 2012
and subsequent fishing years. The
recreational ACT for red grouper, in
gutted weight, is 1.730 million lb (0.785
PO 00000
Frm 00063
Fmt 4702
Sfmt 4702
64303
million kg) for 2012 and subsequent
fishing years.
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[FR Doc. 2012–25823 Filed 10–18–12; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
RIN 0648–BC48
Fisheries of the Northeastern United
States; Northeast Multispecies;
Amendment 19
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability of a fishery
management plan amendment; request
for comments.
AGENCY:
NMFS announces that the
New England Fishery Management
Council has submitted Amendment 19
to the Northeast Multispecies Fishery
Management Plan, incorporating a draft
Environmental Assessment and an
Initial Regulatory Flexibility Analysis,
for review and approval by the Secretary
of Commerce. NMFS is requesting
comments from the public on
Amendment 19, which was developed
by the Council to modify management
measures that govern the small-mesh
multispecies fishery, including
accountability measures, year-round
possession limits, and the total
allowable landings process.
DATES: Public comments must be
received on or before December 18,
2012.
SUMMARY:
A draft environmental
assessment (EA) was prepared for
Amendment 19 that describes the
proposed action and other considered
alternatives, and provides a thorough
analysis of the impacts of the proposed
measures and alternatives. Copies of
Amendment 19, including the draft EA
and the Initial Regulatory Flexibility
Analysis (IRFA), are available on
request from Paul J. Howard, Executive
Director, New England Fishery
Management Council (Council), 50
Water Street, Newburyport, MA 01950.
These documents are also available
online at https://www.nefmc.org.
You may submit comments, identified
by NOAA–NMFS–2012–0170, by any
one of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
ADDRESSES:
E:\FR\FM\19OCP1.SGM
19OCP1
64304
Federal Register / Vol. 77, No. 203 / Friday, October 19, 2012 / Proposed Rules
Federal e-Rulemaking portal: https://
www.regulations.gov. To submit
comments via the e-Rulemaking Portal,
first click the ‘‘Submit a Comment’’
icon, then enter NOAA–NMFS–2012–
0170 in the keyword search. Locate the
document you wish to comment on
from the resulting list and click on the
‘‘Submit a Comment’’ icon on the right
of that line.
• Fax: (978) 281–9135, Attn:
Comments on Whiting Amendment 19,
NOAA–NMFS–2012–0170.
• Mail and Hand Delivery: John K.
Bullard, Regional Administrator, NMFS,
Northeast Regional Office, 55 Great
Republic Drive, Gloucester, MA 01930.
Mark the outside of the envelope:
‘‘Comments on Whiting Amendment
19.’’
Instructions: Comments must be
submitted by one of the above methods
to ensure that the comments are
received, documented, and considered
by NMFS. Comments sent by any other
method, to any other address or
individual, or received after the end of
the comment period, may not be
considered. All comments received are
part of the public record and will
generally be posted to https://www.
regulations.gov without change. All
Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments (enter N/A in the required
fields, if you wish to remain
anonymous). You may submit
attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT:
Moira Kelly, Fishery Policy Analyst,
(978) 281–9218; fax: (978) 281–9135.
SUPPLEMENTARY INFORMATION:
tkelley on DSK3SPTVN1PROD with PROPOSALS
Background
This amendment affects the part of
the New England groundfish fishery
known as the small-mesh fishery. The
small-mesh fishery is composed of a
complex of five stocks of three species
of hakes (northern silver hake, southern
silver hake, northern red hake, southern
red hake, and offshore hake), and the
fishery is managed through a series of
exemptions from the other provisions of
the Northeast (NE) Multispecies Fishery
Management Plan (FMP). It is managed
separately from the other stocks of
groundfish such as cod, haddock, and
flounders primarily because it is
prosecuted with much smaller mesh
VerDate Mar<15>2010
16:04 Oct 18, 2012
Jkt 229001
and does not generally result in the
catch of these other stocks.
The New England Fishery
Management Council (Council) initiated
Amendment 19 to bring the small-mesh
multispecies portion of the FMP into
compliance with the annual catch limit
(ACL) and accountability measure (AM)
requirements of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act). However,
development of Amendment 19 was
delayed, and it was apparent that the
amendment would not be submitted
until well after the 2011 statutory
deadline for implementing mechanisms
for establishing ACLs and AMs. To
ensure that ACLs and AMs for the
small-mesh fishery were implemented
closer to the statutory deadline, NOAA
initiated, developed, and implemented,
with the concurrence of the Council, a
Secretarial Amendment (March 30,
2012; 77 FR 19138). The Secretarial
Amendment built upon measures
already developed by the Council in the
initial stages of Amendment 19.
Amendment 19 proposes measures
intended to respond to changing
conditions in the fishery and
opportunities to improve efficiency and
accuracy. First, measures are proposed
to streamline the specifications setting
process, establish new overfishing
definitions, and to define the roles and
responsibilities of monitoring the
fishery on an annual basis. Second, a
measure is proposed to require vessels
fishing for small-mesh multispecies to
submit weekly vessel trip reports. Third,
a measure is proposed to modify the
total allowable landings (TAL) structure
that was implemented through the
Secretarial Amendment for the southern
stock area. Implementing this measure
would result in quarterly TALs in the
southern stock area after landings in a
given year exceed two-thirds of the
TAL. Fourth, a measure is proposed that
would increase the incidental
possession limit for northern silver hake
and southern whiting (silver and
offshore hake, combined) that was
implemented through the Secretarial
Amendment from 1,000 lb (453.6 kg) to
2,000 lb (907.2 kg). The incidental
possession limits would be triggered if
90 percent of a stock’s TAL is projected
to be harvested. Fifth, the amendment
proposes to change the post-season AM
from a pound-for-pound payback of an
ACL overage to a system where the
incidental possession limit trigger (i.e.,
the 90-percent described above) would
be reduced by the same percentage by
which the ACL was exceeded. For
example, if a stock’s ACL were exceeded
by 5 percent in 2013, then starting in
2015, the incidental possession limit
PO 00000
Frm 00064
Fmt 4702
Sfmt 9990
would be triggered when 85 percent of
that stock’s TAL is projected to be
harvested rather than 90 percent.
Finally, Amendment 19 proposes two
measures dealing with year-round trip
limits. For red hake, a measure is
proposed that would establish a 5,000lb (2,268-kg) trip limit for all gear types
in all areas. For whiting (silver and
offshore hake, combined) in the
southern stock area, the trip limit for
vessels fishing with mesh that is 3
inches (7.6 cm) or greater would be
increased from 30,000 lb (13,607.8 kg) to
40,000 lb (18,143.7 kg). The increase in
the whiting possession limit would only
be applicable to vessels fishing
exclusively in the Southern New
England or Mid-Atlantic Exemption
Areas.
Public comments on Amendment 19
and its incorporated documents may be
submitted through the end of the
comment period stated in this notice of
availability. A proposed rule to
implement Amendment 19 will be
published in the Federal Register for
public comment. Public comments on
the proposed rule must be received by
the end of the comment period provided
in this notice of availability of
Amendment 19 to be considered in the
approval/disapproval decision on the
amendment. All comments received by
December 18, 2012, whether specifically
directed to Amendment 19 or the
proposed rule for Amendment 19, will
be considered in the approval/
disapproval decision on Amendment
19. Comments received after that date
will not be considered in the decision
to approve or disapprove Amendment
19. To be considered, comments must
be received by close of business on the
last day of the comment period.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 16, 2012.
Emily H. Menashes,
Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2012–25824 Filed 10–18–12; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\19OCP1.SGM
19OCP1
]]>Agencies
[Federal Register Volume 77, Number 203 (Friday, October 19, 2012)]
[Proposed Rules]
[Pages 64303-64304]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25824]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
RIN 0648-BC48
Fisheries of the Northeastern United States; Northeast
Multispecies; Amendment 19
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability of a fishery management plan amendment;
request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the New England Fishery Management Council
has submitted Amendment 19 to the Northeast Multispecies Fishery
Management Plan, incorporating a draft Environmental Assessment and an
Initial Regulatory Flexibility Analysis, for review and approval by the
Secretary of Commerce. NMFS is requesting comments from the public on
Amendment 19, which was developed by the Council to modify management
measures that govern the small-mesh multispecies fishery, including
accountability measures, year-round possession limits, and the total
allowable landings process.
DATES: Public comments must be received on or before December 18, 2012.
ADDRESSES: A draft environmental assessment (EA) was prepared for
Amendment 19 that describes the proposed action and other considered
alternatives, and provides a thorough analysis of the impacts of the
proposed measures and alternatives. Copies of Amendment 19, including
the draft EA and the Initial Regulatory Flexibility Analysis (IRFA),
are available on request from Paul J. Howard, Executive Director, New
England Fishery Management Council (Council), 50 Water Street,
Newburyport, MA 01950. These documents are also available online at
https://www.nefmc.org.
You may submit comments, identified by NOAA-NMFS-2012-0170, by any
one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the
[[Page 64304]]
Federal e-Rulemaking portal: https://www.regulations.gov. To submit
comments via the e-Rulemaking Portal, first click the ``Submit a
Comment'' icon, then enter NOAA-NMFS-2012-0170 in the keyword search.
Locate the document you wish to comment on from the resulting list and
click on the ``Submit a Comment'' icon on the right of that line.
Fax: (978) 281-9135, Attn: Comments on Whiting Amendment
19, NOAA-NMFS-2012-0170.
Mail and Hand Delivery: John K. Bullard, Regional
Administrator, NMFS, Northeast Regional Office, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the outside of the envelope:
``Comments on Whiting Amendment 19.''
Instructions: Comments must be submitted by one of the above
methods to ensure that the comments are received, documented, and
considered by NMFS. Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered. All comments received are part of the public
record and will generally be posted to https://www.regulations.gov
without change. All Personal Identifying Information (for example,
name, address, etc.) voluntarily submitted by the commenter may be
publicly accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information.
NMFS will accept anonymous comments (enter N/A in the required
fields, if you wish to remain anonymous). You may submit attachments to
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF
file formats only.
FOR FURTHER INFORMATION CONTACT: Moira Kelly, Fishery Policy Analyst,
(978) 281-9218; fax: (978) 281-9135.
SUPPLEMENTARY INFORMATION:
Background
This amendment affects the part of the New England groundfish
fishery known as the small-mesh fishery. The small-mesh fishery is
composed of a complex of five stocks of three species of hakes
(northern silver hake, southern silver hake, northern red hake,
southern red hake, and offshore hake), and the fishery is managed
through a series of exemptions from the other provisions of the
Northeast (NE) Multispecies Fishery Management Plan (FMP). It is
managed separately from the other stocks of groundfish such as cod,
haddock, and flounders primarily because it is prosecuted with much
smaller mesh and does not generally result in the catch of these other
stocks.
The New England Fishery Management Council (Council) initiated
Amendment 19 to bring the small-mesh multispecies portion of the FMP
into compliance with the annual catch limit (ACL) and accountability
measure (AM) requirements of the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act). However, development of
Amendment 19 was delayed, and it was apparent that the amendment would
not be submitted until well after the 2011 statutory deadline for
implementing mechanisms for establishing ACLs and AMs. To ensure that
ACLs and AMs for the small-mesh fishery were implemented closer to the
statutory deadline, NOAA initiated, developed, and implemented, with
the concurrence of the Council, a Secretarial Amendment (March 30,
2012; 77 FR 19138). The Secretarial Amendment built upon measures
already developed by the Council in the initial stages of Amendment 19.
Amendment 19 proposes measures intended to respond to changing
conditions in the fishery and opportunities to improve efficiency and
accuracy. First, measures are proposed to streamline the specifications
setting process, establish new overfishing definitions, and to define
the roles and responsibilities of monitoring the fishery on an annual
basis. Second, a measure is proposed to require vessels fishing for
small-mesh multispecies to submit weekly vessel trip reports. Third, a
measure is proposed to modify the total allowable landings (TAL)
structure that was implemented through the Secretarial Amendment for
the southern stock area. Implementing this measure would result in
quarterly TALs in the southern stock area after landings in a given
year exceed two-thirds of the TAL. Fourth, a measure is proposed that
would increase the incidental possession limit for northern silver hake
and southern whiting (silver and offshore hake, combined) that was
implemented through the Secretarial Amendment from 1,000 lb (453.6 kg)
to 2,000 lb (907.2 kg). The incidental possession limits would be
triggered if 90 percent of a stock's TAL is projected to be harvested.
Fifth, the amendment proposes to change the post-season AM from a
pound-for-pound payback of an ACL overage to a system where the
incidental possession limit trigger (i.e., the 90-percent described
above) would be reduced by the same percentage by which the ACL was
exceeded. For example, if a stock's ACL were exceeded by 5 percent in
2013, then starting in 2015, the incidental possession limit would be
triggered when 85 percent of that stock's TAL is projected to be
harvested rather than 90 percent. Finally, Amendment 19 proposes two
measures dealing with year-round trip limits. For red hake, a measure
is proposed that would establish a 5,000-lb (2,268-kg) trip limit for
all gear types in all areas. For whiting (silver and offshore hake,
combined) in the southern stock area, the trip limit for vessels
fishing with mesh that is 3 inches (7.6 cm) or greater would be
increased from 30,000 lb (13,607.8 kg) to 40,000 lb (18,143.7 kg). The
increase in the whiting possession limit would only be applicable to
vessels fishing exclusively in the Southern New England or Mid-Atlantic
Exemption Areas.
Public comments on Amendment 19 and its incorporated documents may
be submitted through the end of the comment period stated in this
notice of availability. A proposed rule to implement Amendment 19 will
be published in the Federal Register for public comment. Public
comments on the proposed rule must be received by the end of the
comment period provided in this notice of availability of Amendment 19
to be considered in the approval/disapproval decision on the amendment.
All comments received by December 18, 2012, whether specifically
directed to Amendment 19 or the proposed rule for Amendment 19, will be
considered in the approval/disapproval decision on Amendment 19.
Comments received after that date will not be considered in the
decision to approve or disapprove Amendment 19. To be considered,
comments must be received by close of business on the last day of the
comment period.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 16, 2012.
Emily H. Menashes,
Deputy Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-25824 Filed 10-18-12; 8:45 am]
BILLING CODE 3510-22-P
