Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Interim Action; Rule Extension, 65326-65329 [2012-26416]
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65326
Federal Register / Vol. 77, No. 208 / Friday, October 26, 2012 / Rules and Regulations
Executive Order 13175 (Tribal
Consultation) and 512 DM 2
(Government-to-Government
Relationship With Tribes)
Under the President’s memorandum
of April 29, 1994, ‘‘Government-toGovernment Relations with Native
American Tribal Governments’’ (59 FR
22951), Executive Order 13175, and 512
DM 2, we have evaluated possible
effects on federally recognized Indian
tribes and have determined that there
are no adverse effects. Individual tribal
members must meet the same regulatory
requirements as other individuals who
import or export wildlife.
Executive Order 13211 (Energy Supply,
Distribution, or Use)
Executive Order 13211 requires
agencies to prepare Statements of
Energy Effects when undertaking
actions that significantly affect energy
supply, distribution, and use. This
interim rule will create a user fee
exemption program for certain low-risk
importations and exportations as an
interim measure while we work on a
new economic analysis and determine
any changes needed to the current user
fee structure. This interim rule is not a
significant regulatory action under
Executive Order 12866, and it is not
expected to significantly affect energy
supplies, distribution, and use.
Therefore, this action is a not a
significant energy action and no
Statement of Energy Effects is required.
List of Subjects in 50 CFR Part 14
Animal welfare, Exports, Fish,
Imports, Labeling, Reporting and
recordkeeping requirements,
Transportation, Wildlife.
Regulation Promulgation
For the reasons described above, we
amend part 14, subchapter B of chapter
I, title 50 of the Code of Federal
Regulations as set forth below.
PART 14—IMPORTATION,
EXPORTATION, AND
TRANSPORTATION OF WILDLIFE
1. The authority citation for part 14
continues to read as follows:
■
Authority: 16 U.S.C. 668, 704, 712, 1382,
1538(d)–(f), 1540(f), 3371–3378, 4223–4244,
and 4901–4916; 18 U.S.C. 42; 31 U.S.C. 9701.
2. Amend § 14.94 by adding paragraph
(k)(4) to read as follows:
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■
§ 14.94
What fees apply to me?
*
*
*
*
*
(k) * * *
(4) Fee exemption program for lowrisk importations and exportations—(i)
Program criteria. Businesses that require
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an import/export license under § 14.93
may be exempt from the designated port
base inspection fee as set forth in this
paragraph (k)(4)(i). To participate in this
program, you, the U.S. importer or
exporter, must continue to pay the
overtime fees, the nondesignated port
base fees, or the import/export license
and nondesignated port application
fees, and your business must meet all of
the following conditions:
(A) Each shipment does not contain
live wildlife.
(B) Each shipment does not contain
wildlife that requires a permit or
certificate under parts 15, 17, 18, 20, 21,
22, or 23 of this chapter or is listed
under part 16 of this chapter.
(C) Each shipment contains 25 or
fewer wildlife parts and products
containing wildlife.
(D) Each wildlife shipment is valued
at $5,000 or less.
(E) Your business has not been
assessed a civil penalty, issued a
violation notice, or convicted of any
misdemeanor or felony violations
involving the import or export of
wildlife.
(F) Your business has had two or
fewer wildlife shipments that were
refused clearance in the 5 years prior to
the receipt of your request by the
Service.
(G) Your business has not previously
participated in the program and been
removed for failure to meet the criteria.
(ii) Program participation. To
participate in the fee exemption
program for low-risk importations and
exportations, you must use the Service’s
electronic declaration filing system
(eDecs) and take the following actions:
(A) You must certify that you will
exclusively import and export wildlife
shipments that meet all the criteria in
paragraph (k)(4)(i) of this section and
renew this certification annually. Upon
completion of the certification and
review of the criteria by the Service,
eDecs will notify you if you have been
approved to participate in the program.
(B) You must continue to meet the
criteria in paragraph (k)(4)(i) of this
section while participating in the
program. If you fail to meet the criteria
after approval, you will be removed
from the program and must pay all
applicable fees.
(C) If approved to participate in the
program you must file FWS Form 3–177
and all required accompanying
documents electronically using eDecs
for each shipment and meet all other
requirements of this part.
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Dated: October 23, 2012.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2012–26504 Filed 10–25–12; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 120316196–2195–01]
RIN 0648–BB89
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
Multispecies Fishery; Interim Action;
Rule Extension
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; interim
measures extended, and request for
comments.
AGENCY:
This rule extends interim Gulf
of Maine Atlantic cod catch limits and
fishery management measures through
the end of the 2012 fishing year (April
30, 2013). The need for the interim
measures is unchanged, which was to
establish Gulf of Maine cod annual
catch limits and implement recreational
management measures that will
constrain catch to the recreational subannual catch limit. The intended effect
of the interim measures is to reduce
overfishing occurring on Gulf of Maine
cod in anticipation of further action to
end overfishing in the 2013 fishing year.
DATES: The expiration date of the
temporary rule published May 1, 2012
(77 FR 25623) is extended to April 30,
2013. Comments are accepted through
November 26, 2012.
ADDRESSES: You may submit comments
on this document, identified by
‘‘NOAA–NMFS–2012–0045,’’ by any of
the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal
www.regulations.gov. To submit
comments via the e-Rulemaking Portal,
first click the ‘‘submit a comment’’ icon,
then enter NOAA–NMFS–2012–0045 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.
SUMMARY:
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• Mail: Submit written comments to
John K. Bullard, Regional
Administrator, 55 Great Republic Drive,
Gloucester, MA 01930.
• Fax (978) 281–9135.
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
a part of the public record and will
generally be posted for public viewing
on www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.) submitted
voluntarily by the sender will 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). Attachments to electronic
comments will be accepted in Microsoft
Word or Excel, WordPerfect, or Adobe
PDF file formats only.
Copies of the supplemental
environmental assessment (EA)
prepared for this action by NMFS are
available from John Bullard, Regional
Administrator, 55 Great Republic Drive,
Gloucester, MA 01930. The
supplemental EA is accessible via the
Internet at https://www.nero.noaa.gov. A
copy of the most recent stock
assessment for Gulf of Maine cod is also
accessible via the Internet at https://
www.nefsc.noaa.gov/groundfish.
FOR FURTHER INFORMATION CONTACT:
Brett Alger, Fisheries Management
Specialist, phone: 978–675–2153.
SUPPLEMENTARY INFORMATION:
Background
As fully described in the initial
interim rule implemented on May 1,
2012, (77 FR 25623), the final Gulf of
Maine (GOM) cod assessment results
were finalized in late January 2012. At
that time, NMFS notified the New
England Fishery Management Council
(Council), as required by section
304(e)(7) of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act), that the
GOM cod rebuilding program was not
making adequate progress toward
rebuilding the stock, and that the
Council must prepare an amendment
within 2 years to rebuild the GOM cod
stock. As authorized at section 304(e)(6)
of the Magnuson-Stevens Act, the
Council requested the Secretary of
Commerce (Secretary) to implement
interim measures to reduce, rather than
end, overfishing of GOM cod while the
Council developed a rebuilding plan. In
response to the Council request and
acting on behalf of the Secretary under
authority granted by section 305(c) of
the Magnuson-Stevens Act, NMFS
implemented an initial interim rule May
1, 2012, to reduce rather than end
overfishing on GOM cod during fishing
year (FY) 2012, with the intent to extend
the initial interim rule measures for the
rest of FY 2012. However, the
effectiveness for such rules is limited in
duration. Rules may be issued for no
more than 180 days with an extension
of up to an additional 186 days to
provide 12 months of interim measures.
Therefore, this final interim rule
extends the measures in the initial
interim rule. The initial interim rule
provided detailed information on how
the interim measures are consistent with
the authority provided by the
Magnuson-Stevens Act and applicable
NMFS guidelines for issuing interim
measures. The background and
authority-related information is not
repeated here.
This temporary final rule extends the
interim GOM cod catch limits and
recreational management measures that
were implemented on May 1, 2012. The
initial interim measures expire on
October 29, 2012; therefore, it is
necessary to extend the interim
measures until April 30, 2013, so that
catch limits and recreational
management measures are in place for
the entire 2012 FY.
Eight comments were received on the
initial interim rule. Responses to those
comments are found in the Comments
and Responses section later in this
preamble.
Annual Catch Limits and Allocation
The initial interim rule implemented
a GOM cod total annual catch limit
(ACL) of 6,700 mt that was divided
among the various fishery components
(Table 1). The distribution of ACL
between sectors and the common pool
was based on preliminary sector rosters
in the initial interim rule. Subsequently,
there have been two modifications to
the original sector and common pool
distribution based on final sector rosters
(June 25, 2012, 77 FR 37816) and
carryover from FY 2011 (September 26,
2012, 77 FR 59132). While the total ACL
of 6,700 mt has remained unchanged,
Table 1 highlights the revised
allocations to sectors and the common
pool. This interim rule extends the
allocations in the most recent rule that
published September 26, 2012.
TABLE 1—GOM COD ALLOCATIONS BY FISHERY (MT)
Sector
Allocation
GOM Cod Interim Rule ....................................................
Final Sector Rosters ........................................................
FY 2011 Carryover ..........................................................
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Recreational Fishery Management
Measures
The initial interim rule reduced the
GOM cod recreational fishery minimum
fish size from 24 in (61.0 cm) to 19 in
(48.3 cm) and implemented a 9-fish bag
limit (reduced from 10) to constrain
catch to the recreational sub-ACL of
2,215 mt. These measures were based on
analysis conducted by the Northeast
Fisheries Science Center (NEFSC) using
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Carryover
3,618
3,619
3,619
Common
pool
471
471
467.2
a new, but preliminary modeling
approach and analytical model. Because
of the uncertainty of the model and
effectiveness of the measures, NMFS
highlighted these concerns in the initial
interim rule and outlined a plan to
convene an external peer review of the
model in question prior to this
extension. A subset of the New England
and Mid-Atlantic Fishery Management
Councils’ Science and Statistical
Committees (SSC) convened on
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Recreational
81
80
80
2,215
2,215
2,215
State
waters
253
253
253
Other
62
62
62
September 7, 2012, in Woods Hole, MA,
to peer review the model and methods.
The final SSC report found that the
modeling approach was technically
sound and represented an improvement
over prior methods. Therefore, based on
the findings of the peer review and the
final report, this interim final rule
extends the recreational measures
through the end of FY 2012.
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Comments and Responses
NMFS received eight comments
during the comment period on the
initial interim rule, five from private
citizens, one from the Massachusetts
Division of Marine Fisheries (DMF), and
two from non-governmental
organizations (Earth Justice and
Oceana). Three of the comments from
private citizens did not address
measures of the rule and, as such, no
responses have been provided.
Comment 1: The individual
commented on the cod catch of different
components of the recreational fishery
and asked for additional reporting
requirements for large party/charter
vessels.
Response: Vessel trip reports are
submitted by all recreational party/
charter vessels to NMFS and the Marine
Recreational Information Program
collects, analyzes, and reports
recreational fishing data. This interim
rule was very limited in scope and
duration for the purposes of reducing
overfishing for 1 year, and therefore, did
not address the larger issues and
concerns about the sources of data that
are needed to make management
decisions, or consider modifying
reporting requirements for the
recreational fishery. The Council is the
more appropriate forum for examining
these larger issues regarding fishery
effort and catch information by different
components of the recreational fishery
and to determine appropriate
management measures.
Comment 2: The individual requested
a new stock assessment that involves
more input from members of the fishing
industry.
Response: This comment does not
directly pertain to the measures in the
interim rule. The NEFSC will be
completing stock assessments for
Georges Bank (GB) and GOM cod in
December 2012; these updates will
provide catch advice to the Council for
FY 2013. The NEFSC also recently
hosted two workshops that included
members of the fishing industry; one
that reviewed the estimates of cod
discard mortality rates and another that
addressed the potential use of
commercial catch per unit effort
information in upcoming cod stock
assessments. Lastly, the NEFSC has
committed to side-by-side research with
fishing industry vessels and the
NEFSC’s research vessels in the future.
Comment 3: Earth Justice requested
that NMFS reject a Council request to
allow partial access to the groundfish
mortality closed areas. They also asked
that NMFS develop a mid-year report on
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14:26 Oct 25, 2012
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the interim catch levels and ongoing
rebuilding efforts for GOM cod.
Response: NMFS denied the Council
request to open closed areas in the
initial interim rule and does not change
that decision in this interim final rule.
NMFS does not intend to complete a
separate mid-year report at this time
because commercial and recreational
catch information is available (https://
www.nero.noaa.gov/ro/fso/
MultiMonReports.htm) and a
comprehensive stock assessment is
scheduled to occur in December of this
year. At the end of FY 2012, NMFS
intends to evaluate the commercial and
recreational catch data and publish a
final report on fishery performance. As
mentioned above, the NEFSC will be
completing a new GOM cod stock
assessment which will provide insight
on rebuilding efforts and help determine
future catch levels and management
measures for FY 2013.
Comment 4: The Massachusetts DMF
and Oceana commented that there is
inadequate and inaccurate catch
monitoring given the current coverage
rates of at-sea monitoring (25 percent),
low catch limits for GOM cod, and the
inability to enforce full retention of all
legal-sized fish on unobserved trips.
Response: These comments align with
a similar comment NMFS received for
the FY 2012 Sector Operations Plan
Rule, which suggested that the at-sea
monitoring rate of 25 percent is
inadequate. NMFS has determined,
based on current information and
analysis, that for FY 2012, the
prescribed level of at-sea monitoring
coverage is likely to provide reasonably
accurate estimates of catch for sector
vessels. However, The Plan
Development Team (PDT) for the
Council’s Groundfish Oversight
Committee and NMFS, are conducting
an in depth examination into the
adequacy of at-sea monitoring in the
sector program; NMFS will reconsider
the monitoring rate once this
examination is complete. Moreover,
because of the limited scope and
duration of this interim rule, it is not
appropriate or practicable to consider
adjustments to the at-sea monitoring
program and coverage levels in the
middle of the fishing season. Resources
for hiring, training, and allocating at-sea
monitors have been made for the full
year. Adjusting at-sea monitoring levels
and protocol part way through the year
has implications on sector operations
and catch monitoring which should be
addressed more fully in the Council
process. Therefore, NMFS is attempting
to address these concerns for FY 2013
and beyond.
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Classification
The Regional Administrator,
Northeast Region, NMFS, determined
that this interim final rule is necessary
for the conservation and management of
the GOM cod fishery and that it is
consistent with the Magnuson-Stevens
Act and other applicable law.
Pursuant to 5 U.S.C. 553(d)(3), the
Assistant Administrator finds good
cause to waive the full 30-day delay in
effectiveness for this rule. This rule
merely extends the rule currently in
place for an additional 6 months. The
need for this extension was fully
anticipated and announced to the public
in the initial interim rule published on
May 1, 2012. Accordingly, the entities
affected by this rule and the public have
no need to be made aware of or adjust
to this rule by delaying its effectiveness
for 30 days. The primary reason for
delaying the effectiveness of Federal
regulations is not present, and,
therefore, such a delay would serve no
public purposes. On the other hand, it
would be contrary to the public interest
if this rule does not become effective on
October 29, 2012, because the
previously established ACL for FY 2012
of 8,551 mt would become effective,
with the result that overfishing would
not be reduced. These measures would
increase overfishing on the GOM cod
stock and, as such, are inconsistent with
the Magnuson-Stevens Act, the stated
intent of the GOM cod rebuilding
program, and the FMP. Moreover,
failing to have the rule effective on
October 29, 2012, may lead to confusion
in the fishing community as to what
regulations govern the harvest of GOM
cod. For these reasons, there is good
cause to waive the requirement for
delayed effectiveness. NMFS has
consulted with the Office of Information
and Regulatory Affairs (OIRA) and due
to the circumstances described above
this action is exempt from review under
Executive Order 12866.
Under section 608 of the Regulatory
Flexibility Act, an agency may waive
the requirement to perform a regulatory
flexibility analysis for a rule where the
agency finds that the ‘‘rule is being
promulgated in response to an
emergency that makes compliance or
timely compliance with [the regulatory
flexibility analysis requirements]
impracticable.’’ 5 U.S.C. 608. As
discussed in the preamble and
classification section of initial interim
rule, NMFS takes this action to address
an emergency situation in the GOM cod
fishery. Undertaking a regulatory
flexibility analysis would delay this
action and put the GOM cod and any
small businesses that depend on it at
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further risk. Because the nature of this
emergency requires immediate action,
NMFS finds that compliance with the
Regulatory Flexibility Act is
impracticable. Thus, the requirements of
the Regulatory Flexibility Act are hereby
waived.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 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.
[FR Doc. 2012–26416 Filed 10–25–12; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 120424023–1023–01]
RIN 0648–XC282
Fisheries Off West Coast States;
Modifications of the West Coast
Commercial and Recreational Salmon
Fisheries; Inseason Actions #22
through #26
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Modification of fishing seasons
and landing and possession limits;
request for comments.
AGENCY:
NMFS announces 5 inseason
actions in the ocean salmon fisheries.
These inseason actions modified the
SUMMARY:
commercial and recreational fisheries in
the area from the U.S./Canada Border to
Humboldt South Jetty, California.
DATES: The effective dates for the
inseason action are set out in this
document under the heading Inseason
Actions. Comments will be accepted
through November 13, 2012.
ADDRESSES: You may submit comments,
identified by NOAA–NMFS–2012–0079,
by any one of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov. To submit
comments via the e-Rulemaking Portal,
enter NOAA–NMFS–2012–0079 in the
search box. 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.
• Mail: William W. Stelle, Jr.,
Regional Administrator, Northwest
Region, NMFS, 7600 Sand Point Way
NE., Seattle, WA 98115–6349.
• Fax: 206–526–6736, Attn: Peggy
Mundy.
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
a part of the public record and will
generally be posted for public viewing
on https://www.regulations.gov without
change. All personal identifying
information (e.g., name, address, etc.)
submitted voluntarily by the sender will
be publicly accessible. Do not submit
confidential business information or
otherwise sensitive or protected
65329
information. NMFS will accept
anonymous comments (enter N/A in the
required fields if you wish to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, WordPerfect, or Adobe
PDF file formats only.
FOR FURTHER INFORMATION CONTACT:
Peggy Mundy at 206–526–4323.
SUPPLEMENTARY INFORMATION:
Background
In the 2012 annual management
measures for ocean salmon fisheries (77
FR 25915, May 2, 2012), NMFS
announced the commercial and
recreational fisheries in the area from
the U.S./Canada Border to the U.S./
Mexico Border, beginning May 1, 2012,
and 2013 salmon seasons opening
earlier than May 1, 2013.
NMFS is authorized to implement
inseason management actions to modify
fishing seasons and quotas as necessary
to provide fishing opportunity while
meeting management objectives for the
affected species (50 CFR 660.409). Prior
to taking inseason action, the Regional
Administrator (RA) consults with the
Chairman of the Pacific Fishery
Management Council (Council) and the
appropriate State Directors (50 CFR
660.409(b)(1)). Management of the
salmon fisheries is generally divided
into two geographic areas: north of Cape
Falcon (U.S./Canada Border to Cape
Falcon, Oregon) and south of Cape
Falcon (Cape Falcon, Oregon to the
U.S./Mexico Border).
Inseason Actions
The table below lists the inseason
actions announced in this document.
Effective date
Salmon fishery affected
22 ..............................................
September 7, 2012 ..........................................
23 ..............................................
September 13, 2012 ........................................
24 ..............................................
September 20, 2012 ........................................
25 ..............................................
September 19, 2012 ........................................
26 ..............................................
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Inseason action number
September 27, 2012 ........................................
Commercial fishery from Humbug Mountain, Oregon to the
Oregon/California Border (Oregon Klamath Management
Zone or Oregon KMZ).
Recreational fishery from Queets River to Leadbetter Point
(Westport subarea).
Recreational fishery from Cape Falcon, Oregon to Humbug
Mountain, Oregon.
Commercial fishery from Oregon/California Border to Humboldt South Jetty, California (California KMZ).
Recreational fisheries from U.S./Canada Border to Queets
River, Washington (Neah Bay and La Push subareas).
Inseason Action #22
The RA consulted with
representatives of the Council, Oregon
Department of Fish and Wildlife
(ODFW), and California Department of
Fish and Game (CDFG) on September 7,
2012.
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The information considered during
this consultation related to catch and
effort to date in the commercial salmon
fisheries south of Cape Falcon in the
Oregon KMZ. Inseason action #22
closed the commercial salmon fishery in
the Oregon KMZ on September 7, 2012,
due to projected attainment of Chinook
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salmon quota. On September 7, 2012,
the states recommended this action and
the RA concurred; inseason action #22
took effect on September 7, 2012, and
remained in effect until the end of the
fishing season. Inseason action to effect
season closure due to attainment of
E:\FR\FM\26OCR1.SGM
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Agencies
[Federal Register Volume 77, Number 208 (Friday, October 26, 2012)]
[Rules and Regulations]
[Pages 65326-65329]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26416]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 120316196-2195-01]
RIN 0648-BB89
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Interim Action; Rule Extension
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; interim measures extended, and request for
comments.
-----------------------------------------------------------------------
SUMMARY: This rule extends interim Gulf of Maine Atlantic cod catch
limits and fishery management measures through the end of the 2012
fishing year (April 30, 2013). The need for the interim measures is
unchanged, which was to establish Gulf of Maine cod annual catch limits
and implement recreational management measures that will constrain
catch to the recreational sub-annual catch limit. The intended effect
of the interim measures is to reduce overfishing occurring on Gulf of
Maine cod in anticipation of further action to end overfishing in the
2013 fishing year.
DATES: The expiration date of the temporary rule published May 1, 2012
(77 FR 25623) is extended to April 30, 2013. Comments are accepted
through November 26, 2012.
ADDRESSES: You may submit comments on this document, identified by
``NOAA-NMFS-2012-0045,'' by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal www.regulations.gov. To
submit comments via the e-Rulemaking Portal, first click the ``submit a
comment'' icon, then enter NOAA-NMFS-2012-0045 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.
[[Page 65327]]
Mail: Submit written comments to John K. Bullard, Regional
Administrator, 55 Great Republic Drive, Gloucester, MA 01930.
Fax (978) 281-9135.
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 a part of the public
record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.) submitted voluntarily by the
sender will 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). Attachments to electronic comments will be
accepted in Microsoft Word or Excel, WordPerfect, or Adobe PDF file
formats only.
Copies of the supplemental environmental assessment (EA) prepared
for this action by NMFS are available from John Bullard, Regional
Administrator, 55 Great Republic Drive, Gloucester, MA 01930. The
supplemental EA is accessible via the Internet at https://www.nero.noaa.gov. A copy of the most recent stock assessment for Gulf
of Maine cod is also accessible via the Internet at https://www.nefsc.noaa.gov/groundfish.
FOR FURTHER INFORMATION CONTACT: Brett Alger, Fisheries Management
Specialist, phone: 978-675-2153.
SUPPLEMENTARY INFORMATION:
Background
As fully described in the initial interim rule implemented on May
1, 2012, (77 FR 25623), the final Gulf of Maine (GOM) cod assessment
results were finalized in late January 2012. At that time, NMFS
notified the New England Fishery Management Council (Council), as
required by section 304(e)(7) of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), that the GOM
cod rebuilding program was not making adequate progress toward
rebuilding the stock, and that the Council must prepare an amendment
within 2 years to rebuild the GOM cod stock. As authorized at section
304(e)(6) of the Magnuson-Stevens Act, the Council requested the
Secretary of Commerce (Secretary) to implement interim measures to
reduce, rather than end, overfishing of GOM cod while the Council
developed a rebuilding plan. In response to the Council request and
acting on behalf of the Secretary under authority granted by section
305(c) of the Magnuson-Stevens Act, NMFS implemented an initial interim
rule May 1, 2012, to reduce rather than end overfishing on GOM cod
during fishing year (FY) 2012, with the intent to extend the initial
interim rule measures for the rest of FY 2012. However, the
effectiveness for such rules is limited in duration. Rules may be
issued for no more than 180 days with an extension of up to an
additional 186 days to provide 12 months of interim measures.
Therefore, this final interim rule extends the measures in the initial
interim rule. The initial interim rule provided detailed information on
how the interim measures are consistent with the authority provided by
the Magnuson-Stevens Act and applicable NMFS guidelines for issuing
interim measures. The background and authority-related information is
not repeated here.
This temporary final rule extends the interim GOM cod catch limits
and recreational management measures that were implemented on May 1,
2012. The initial interim measures expire on October 29, 2012;
therefore, it is necessary to extend the interim measures until April
30, 2013, so that catch limits and recreational management measures are
in place for the entire 2012 FY.
Eight comments were received on the initial interim rule. Responses
to those comments are found in the Comments and Responses section later
in this preamble.
Annual Catch Limits and Allocation
The initial interim rule implemented a GOM cod total annual catch
limit (ACL) of 6,700 mt that was divided among the various fishery
components (Table 1). The distribution of ACL between sectors and the
common pool was based on preliminary sector rosters in the initial
interim rule. Subsequently, there have been two modifications to the
original sector and common pool distribution based on final sector
rosters (June 25, 2012, 77 FR 37816) and carryover from FY 2011
(September 26, 2012, 77 FR 59132). While the total ACL of 6,700 mt has
remained unchanged, Table 1 highlights the revised allocations to
sectors and the common pool. This interim rule extends the allocations
in the most recent rule that published September 26, 2012.
Table 1--GOM Cod Allocations by Fishery (mt)
----------------------------------------------------------------------------------------------------------------
Sector
-------------------------------- Common Recreational State Other
Allocation Carryover pool waters
----------------------------------------------------------------------------------------------------------------
GOM Cod Interim Rule........... 3,618 471 81 2,215 253 62
Final Sector Rosters........... 3,619 471 80 2,215 253 62
FY 2011 Carryover.............. 3,619 467.2 80 2,215 253 62
----------------------------------------------------------------------------------------------------------------
Recreational Fishery Management Measures
The initial interim rule reduced the GOM cod recreational fishery
minimum fish size from 24 in (61.0 cm) to 19 in (48.3 cm) and
implemented a 9-fish bag limit (reduced from 10) to constrain catch to
the recreational sub-ACL of 2,215 mt. These measures were based on
analysis conducted by the Northeast Fisheries Science Center (NEFSC)
using a new, but preliminary modeling approach and analytical model.
Because of the uncertainty of the model and effectiveness of the
measures, NMFS highlighted these concerns in the initial interim rule
and outlined a plan to convene an external peer review of the model in
question prior to this extension. A subset of the New England and Mid-
Atlantic Fishery Management Councils' Science and Statistical
Committees (SSC) convened on September 7, 2012, in Woods Hole, MA, to
peer review the model and methods. The final SSC report found that the
modeling approach was technically sound and represented an improvement
over prior methods. Therefore, based on the findings of the peer review
and the final report, this interim final rule extends the recreational
measures through the end of FY 2012.
[[Page 65328]]
Comments and Responses
NMFS received eight comments during the comment period on the
initial interim rule, five from private citizens, one from the
Massachusetts Division of Marine Fisheries (DMF), and two from non-
governmental organizations (Earth Justice and Oceana). Three of the
comments from private citizens did not address measures of the rule
and, as such, no responses have been provided.
Comment 1: The individual commented on the cod catch of different
components of the recreational fishery and asked for additional
reporting requirements for large party/charter vessels.
Response: Vessel trip reports are submitted by all recreational
party/charter vessels to NMFS and the Marine Recreational Information
Program collects, analyzes, and reports recreational fishing data. This
interim rule was very limited in scope and duration for the purposes of
reducing overfishing for 1 year, and therefore, did not address the
larger issues and concerns about the sources of data that are needed to
make management decisions, or consider modifying reporting requirements
for the recreational fishery. The Council is the more appropriate forum
for examining these larger issues regarding fishery effort and catch
information by different components of the recreational fishery and to
determine appropriate management measures.
Comment 2: The individual requested a new stock assessment that
involves more input from members of the fishing industry.
Response: This comment does not directly pertain to the measures in
the interim rule. The NEFSC will be completing stock assessments for
Georges Bank (GB) and GOM cod in December 2012; these updates will
provide catch advice to the Council for FY 2013. The NEFSC also
recently hosted two workshops that included members of the fishing
industry; one that reviewed the estimates of cod discard mortality
rates and another that addressed the potential use of commercial catch
per unit effort information in upcoming cod stock assessments. Lastly,
the NEFSC has committed to side-by-side research with fishing industry
vessels and the NEFSC's research vessels in the future.
Comment 3: Earth Justice requested that NMFS reject a Council
request to allow partial access to the groundfish mortality closed
areas. They also asked that NMFS develop a mid-year report on the
interim catch levels and ongoing rebuilding efforts for GOM cod.
Response: NMFS denied the Council request to open closed areas in
the initial interim rule and does not change that decision in this
interim final rule. NMFS does not intend to complete a separate mid-
year report at this time because commercial and recreational catch
information is available (https://www.nero.noaa.gov/ro/fso/MultiMonReports.htm) and a comprehensive stock assessment is scheduled
to occur in December of this year. At the end of FY 2012, NMFS intends
to evaluate the commercial and recreational catch data and publish a
final report on fishery performance. As mentioned above, the NEFSC will
be completing a new GOM cod stock assessment which will provide insight
on rebuilding efforts and help determine future catch levels and
management measures for FY 2013.
Comment 4: The Massachusetts DMF and Oceana commented that there is
inadequate and inaccurate catch monitoring given the current coverage
rates of at-sea monitoring (25 percent), low catch limits for GOM cod,
and the inability to enforce full retention of all legal-sized fish on
unobserved trips.
Response: These comments align with a similar comment NMFS received
for the FY 2012 Sector Operations Plan Rule, which suggested that the
at-sea monitoring rate of 25 percent is inadequate. NMFS has
determined, based on current information and analysis, that for FY
2012, the prescribed level of at-sea monitoring coverage is likely to
provide reasonably accurate estimates of catch for sector vessels.
However, The Plan Development Team (PDT) for the Council's Groundfish
Oversight Committee and NMFS, are conducting an in depth examination
into the adequacy of at-sea monitoring in the sector program; NMFS will
reconsider the monitoring rate once this examination is complete.
Moreover, because of the limited scope and duration of this interim
rule, it is not appropriate or practicable to consider adjustments to
the at-sea monitoring program and coverage levels in the middle of the
fishing season. Resources for hiring, training, and allocating at-sea
monitors have been made for the full year. Adjusting at-sea monitoring
levels and protocol part way through the year has implications on
sector operations and catch monitoring which should be addressed more
fully in the Council process. Therefore, NMFS is attempting to address
these concerns for FY 2013 and beyond.
Classification
The Regional Administrator, Northeast Region, NMFS, determined that
this interim final rule is necessary for the conservation and
management of the GOM cod fishery and that it is consistent with the
Magnuson-Stevens Act and other applicable law.
Pursuant to 5 U.S.C. 553(d)(3), the Assistant Administrator finds
good cause to waive the full 30-day delay in effectiveness for this
rule. This rule merely extends the rule currently in place for an
additional 6 months. The need for this extension was fully anticipated
and announced to the public in the initial interim rule published on
May 1, 2012. Accordingly, the entities affected by this rule and the
public have no need to be made aware of or adjust to this rule by
delaying its effectiveness for 30 days. The primary reason for delaying
the effectiveness of Federal regulations is not present, and,
therefore, such a delay would serve no public purposes. On the other
hand, it would be contrary to the public interest if this rule does not
become effective on October 29, 2012, because the previously
established ACL for FY 2012 of 8,551 mt would become effective, with
the result that overfishing would not be reduced. These measures would
increase overfishing on the GOM cod stock and, as such, are
inconsistent with the Magnuson-Stevens Act, the stated intent of the
GOM cod rebuilding program, and the FMP. Moreover, failing to have the
rule effective on October 29, 2012, may lead to confusion in the
fishing community as to what regulations govern the harvest of GOM cod.
For these reasons, there is good cause to waive the requirement for
delayed effectiveness. NMFS has consulted with the Office of
Information and Regulatory Affairs (OIRA) and due to the circumstances
described above this action is exempt from review under Executive Order
12866.
Under section 608 of the Regulatory Flexibility Act, an agency may
waive the requirement to perform a regulatory flexibility analysis for
a rule where the agency finds that the ``rule is being promulgated in
response to an emergency that makes compliance or timely compliance
with [the regulatory flexibility analysis requirements]
impracticable.'' 5 U.S.C. 608. As discussed in the preamble and
classification section of initial interim rule, NMFS takes this action
to address an emergency situation in the GOM cod fishery. Undertaking a
regulatory flexibility analysis would delay this action and put the GOM
cod and any small businesses that depend on it at
[[Page 65329]]
further risk. Because the nature of this emergency requires immediate
action, NMFS finds that compliance with the Regulatory Flexibility Act
is impracticable. Thus, the requirements of the Regulatory Flexibility
Act are hereby waived.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 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.
[FR Doc. 2012-26416 Filed 10-25-12; 8:45 am]
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