Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery Off the Southern Atlantic States; Transferability of Black Sea Bass Pot Endorsements, 72991-72993 [2012-29625]
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Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations
Health maintenance organizations
(HMO), Medicaid, Medicare, Penalties,
Privacy, Reporting and recordkeeping
requirements.
45 CFR Part 170
Computer technology, Electronic
health record, Electronic information
system, Electronic transactions, Health,
Health care, Health information
technology, Health insurance, Health
records, Hospitals, Incorporation by
reference, Laboratories, Medicaid,
Medicare, Privacy, Reporting and
recordkeeping requirements, Public
health, Security.
For the reasons set forth in the
preamble, the Centers for Medicare &
Medicaid Services amends 42 CFR part
495 and the Department amends 45 CFR
subtitle A, subchapter D, part 170 as set
forth below:
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Title 45—Public Welfare
PART 170—HEALTH INFORMATION
TECHNOLOGY STANDARDS,
IMPLEMENTATION SPECIFICATIONS,
AND CERTIFICATION CRITERIA AND
CERTIFICATION PROGRAMS FOR
HEALTH INFORMATION
TECHNOLOGY
3. The authority citation for part 170
continues to read as follows:
■
Authority: 42 U.S.C. 300jj–11; 42 U.S.C
300jj–14; 5 U.S.C. 552.
4. Amend § 170.299 by revising
paragraphs (f)(14) and (m)(5) to read as
follows:
■
§ 170.299
Incorporation by reference.
*
Title 42—Public Health
PART 495—STANDARDS FOR THE
ELECTRONIC HEALTH RECORD
TECHNOLOGY INCENTIVE PROGRAM
1. The authority citation for part 495
continues to read as follows:
■
Authority: Secs. 1102 and 1871 of the
Social Security Act (42 U.S.C. 1302 and
1395hh).
2. Section 495.6 is amended as
follows:
■ a. In paragraph (f)(12)(ii)(B), by
removing the phrase ‘‘all patients who
are discharged’’ and adding in its place
the phrase ‘‘all unique patients who are
discharged’’.
■ b. In paragraphs (l)(8)(ii)(A) and (B),
by removing the phrases ‘‘all patients
who are discharged’’ and adding in its
place the phrases ‘‘all unique patients
who are discharged’’.
■ c. By revising paragraph (m)(6)(ii).
The revision reads as follows:
■
§ 495.6 Meaningful use objectives and
measures for EPs, eligible hospitals, and
CAHs.
srobinson on DSK4SPTVN1PROD with
*
*
*
*
*
(m) * * *
(6) * * *
(ii) Measures. Hospital labs send
structured electronic clinical lab results
to the ordering provider for more than
20 percent of—
(A) The electronic lab orders received;
or
(B) The lab orders received.
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72991
*
*
*
*
(f) * * *
(14) HL7 Implementation Guide for
CDA® Release 2: Quality Reporting
Document Architecture—Category III,
DSTU Release 1 (US Realm) Draft
Standard for Trial Use, November 2012,
IBR approved for § 170.205.
*
*
*
*
*
(m) * * *
(5) Data Element Catalog, Version 1.1,
October 2012, IBR approved for
§ 170.204.
*
*
*
*
*
Section 3004 of the Public Health
Service Act and Sections 1102 and 1871
of the Social Security Act (42 U.S.C.
1302 and 1395hh).
(Catalog of Federal Domestic Assistance
Program No. 93.778, Medical Assistance
Program);
(Catalog of Federal Domestic Assistance
Program No. 93.773, Medicare—Hospital
Insurance; and Program No. 93.774,
Medicare—Supplementary Medical
Insurance Program)
Dated: December 3, 2012.
Marilyn Tavenner,
Acting Administrator, Centers for Medicare
& Medicaid Services.
Dated: December 3, 2012.
Kathleen Sebelius,
Secretary, Department of Health and Human
Services.
[FR Doc. 2012–29607 Filed 12–4–12; 4:15 pm]
BILLING CODE 4150–45–P
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50 CFR Part 622
[Docket No. 120718253–2644–02]
RIN 0648–BC30
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery Off the Southern
Atlantic States; Transferability of Black
Sea Bass Pot Endorsements
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues this final rule to
implement a revision of a disapproved
action from Amendment 18A (the
Resubmittal) to the Fishery Management
Plan (FMP) for the Snapper-Grouper
Fishery of the South Atlantic Region
(Amendment 18A), as prepared and
submitted by the South Atlantic Fishery
Management Council (Council). This
final rule allows black sea bass pot
endorsements to be transferred under
specific conditions. The intent of this
rule is to implement the transferability
action originally submitted in
Amendment 18A, as clarified in the
Resubmittal.
SUMMARY:
DATES:
This rule is effective January 7,
2013.
Electronic copies of
Amendment 18A and the Resubmittal
may be obtained from the Southeast
Regional Office Web site at https://
sero.nmfs.noaa.gov/sf/
SASnapperGrouperHomepage.htm.
Amendment 18A includes an
Environmental Impact Statement (EIS),
a Regulatory Flexibility Act Analysis
(RFA), a Regulatory Impact Review, and
a Fishery Impact Statement. The
Resubmittal includes a Regulatory
Impact Review and a Fishery Impact
Statement.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Kate
Michie, 727–824–5305.
The
snapper-grouper fishery of the South
Atlantic is managed under the FMP. The
FMP was prepared by the Council and
is implemented through regulations at
50 CFR part 622 under the authority of
the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
On August 22, 2012, NMFS published
a notice of availability for the
Rebsubmittal and requested public
SUPPLEMENTARY INFORMATION:
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72992
Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations
srobinson on DSK4SPTVN1PROD with
comments (77 FR 50672). On September
10, 2012, NMFS published a proposed
rule and requested public comments (77
FR 55448). The rationale for the actions
in this final rule can be found in the
proposed rule, Amendment 18A, and
the Resubmittal, and are not repeated
here. The Resubmittal was approved by
the Secretary on November 20, 2012.
This rule allows transfer of a black sea
bass pot endorsement to an individual
or entity that holds or simultaneously
obtains a valid South Atlantic
Unlimited Snapper-Grouper Permit. In
order to be transferred, a black sea bass
pot endorsement must be valid or
renewable. Black sea bass pot
endorsements may be transferred
independently from the South Atlantic
Unlimited Snapper-Grouper Permit with
which it is associated. Landings history
will not be transferred with the
endorsement. NMFS will attribute black
sea bass landings to the associated
South Atlantic Unlimited SnapperGrouper Permit regardless of whether
the landings occurred before or after the
endorsement was issued. Black sea bass
pot endorsements will not be renewed
automatically with the South Atlantic
Snapper-Grouper Unlimited Permit with
which it is associated. The endorsement
must be renewed separately from the
permit on the Federal Permit
Application for Vessels Fishing in the
Exclusive Economic Zone (EEZ).
This rule also revises codified text in
§ 622.40, regarding issuance of the
identification tags for black sea bass
pots. Endorsement holders order
identification tags through NMFS and a
supplier issues the identification tags.
Endorsement holders must apply for
new tags each permit year at the same
time they renew their permit and
endorsement. Finally, this rule removes
and reserves paragraph (a)(2) in
§ 622.43, thereby removing obsolete
quota closure provisions for South
Atlantic octocorals.
Comments and Responses
NMFS received four comments on the
Resubmittal and the proposed rule, from
three snapper-grouper fishery
participants. One commenter opposed
allowing the transfer of black sea bass
pot endorsements and two commenters
supported the action.
Comment 1: One commenter preferred
that black sea bass pot endorsements
retire with fishermen, or that black sea
bass pots be phased out by not allowing
black sea bass pot endorsements to be
transferred, which could slowly shift
the entire commercial sector to a strictly
hook-and-line fishery.
Response: The Council considered not
allowing black sea bass pot
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endorsements to be transferred, which
would have allowed the endorsement to
retire with the fisherman. However, the
Council chose to allow black sea bass
pot endorsements to be transferred in
order to maintain a consistent level of
participation in the black sea bass pot
segment of the snapper-grouper fishery
and promote the harvest of black sea
bass at optimum yield.
Comment 2: Two commenters
suggested allowing fishermen who did
not qualify for an endorsement to
reenter the black sea bass pot segment
of the snapper-grouper fishery as the
quota (ACL) increases.
Response: This issue is outside the
scope of this rulemaking, which
implements a transferability provision
for black sea bass pot endorsements.
The Council did not consider and this
rule does not address allowing
increased participation in the black sea
bass pot segment of the snapper-grouper
fishery.
Comment 3: One commenter
recommended removing the black sea
bass size limits, or reverting the size
limit back to 8 inches (20.3 cm) in order
to reduce regulatory discards and give
poor people access to lower priced
small black sea bass while allowing
fishermen to harvest more of the ACL.
Response: The Council considered the
issue of minimum size limits for black
sea bass in Amendment 18A; however,
minimum size limits were not
considered in the Resubmittal, and are
outside the scope of this rulemaking.
Comment 4: Two commenters
supported allowing black sea bass pot
endorsements to be transferred.
Response: NMFS agrees. Allowing
black sea bass pot endorsements to be
transferred will maintain a consistent
level of participation in the black sea
bass pot segment of the snapper-grouper
fishery and promote the harvest of black
sea bass at optimum yield.
Changes From the Proposed Rule
The proposed rule made editorial
changes to the first sentence in the
codified text at 50 CFR 622.4(a)(2)(xv).
After further consideration, NMFS has
determined that these changes are
unnecessary. The codified text at
§ 622.4(a)(2)(xv), which established the
South Atlantic black sea bass pot
endorsement, should remain consistent
with the codified text at 50 CFR
§ 622.4(a)(2)(xiv), which established the
Eastern Gulf reef fish bottom longline
endorsement. Thus, the proposed
changes to the first sentence of
§ 622.4(a)(2)(xv) will not be
implemented in the final rule.
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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
snapper-grouper fishery in the South
Atlantic and that they are consistent
with the FMP, the Resubmittal, other
provisions of 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. NMFS did not receive any
comments or other new information
concerning this certification. As a result,
no Final Regulatory Flexibility Analysis
is required and none has been prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico,
Reporting and recordkeeping
requirements, Virgin Islands.
Dated: December 3, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
performing the functions and duties of the
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622 is amended
as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF, AND SOUTH
ATLANTIC
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.4, the introductory text of
paragraph (a)(2)(xv) is revised,
paragraph (a)(2)(xv)(D) is added, and the
first sentence in paragraph (g)(1) is
revised to read as follows:
■
§ 622.4
Permits and fees.
(a) * * *
(2) * * *
(xv) South Atlantic black sea bass pot
endorsement. For a person aboard a
vessel, for which a valid commercial
vessel permit for South Atlantic
snapper-grouper unlimited has been
issued, to use a black sea bass pot in the
South Atlantic EEZ, a valid South
Atlantic black sea bass pot endorsement
must have been issued to the vessel and
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Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations
must be on board. A permit or
endorsement that has expired is not
valid. This endorsement must be
renewed annually and may only be
renewed if the associated vessel has a
valid commercial vessel permit for
South Atlantic snapper-grouper
unlimited or if the endorsement and
associated permit are being concurrently
renewed. The RA will not reissue this
endorsement if the endorsement is
revoked or if the RA does not receive a
complete application for renewal of the
endorsement within 1 year after the
endorsement’s expiration date.
*
*
*
*
*
(D) Transferability. A valid or
renewable black sea bass pot
endorsement may be transferred
between any two entities that hold, or
simultaneously obtain, a valid South
Atlantic snapper-grouper unlimited
permit. Endorsements may be
transferred independently from the
South Atlantic snapper-grouper
unlimited permit. NMFS will attribute
black sea bass landings to the associated
South Atlantic snapper-grouper
unlimited permit regardless of whether
the landings occurred before or after the
endorsement was issued. Only legal
landings reported in compliance with
applicable state and Federal regulations
are acceptable.
*
*
*
*
*
(g) * * *
(1) * * * A vessel permit, license, or
endorsement or a dealer permit or
endorsement issued under this section
is not transferable or assignable, except
as provided in paragraph (m) of this
section for a commercial vessel permit
for Gulf reef fish, in paragraph (o) of this
section for a king mackerel gillnet
permit, in paragraph (q) of this section
for a commercial vessel permit for king
mackerel, in paragraph (r) of this section
for a charter vessel/headboat permit for
Gulf coastal migratory pelagic fish or
Gulf reef fish, in paragraph (s) of this
section for a commercial vessel
moratorium permit for Gulf shrimp, in
§ 622.17(c) for a commercial vessel
permit for golden crab, in § 622.18(b) for
a commercial vessel permit for South
Atlantic snapper-grouper, in § 622.19(b)
for a commercial vessel permit for South
Atlantic rock shrimp, in
§ 622.4(a)(2)(xiv)(D) for an eastern Gulf
reef fish bottom longline endorsement,
and in § 622.4(a)(2)(xv)(D) for a South
Atlantic black sea bass pot endorsement.
* * *
*
*
*
*
*
3. In § 622.40, paragraph (d)(1)(i)(D) is
revised to read as follows:
■
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§ 622.40
Limitations on traps and pots.
*
*
*
*
*
(d) * * *
(1) * * *
(i) * * *
(D) A vessel that has on board a valid
Federal commercial permit for South
Atlantic snapper-grouper and a South
Atlantic black sea bass pot endorsement
that fishes in the South Atlantic EEZ on
a trip with black sea bass pots, may
possess only 35 black sea bass pots per
vessel per permit year. Each black sea
bass pot in the water or onboard a vessel
in the South Atlantic EEZ, must have a
valid identification tag attached.
Endorsement holders must apply for
new tags each permit year through
NMFS to replace the tags from the
previous year.
*
*
*
*
*
§ 622.43
[Amended]
4. In § 622.43, paragraph (a)(2) is
removed and reserved.
■
[FR Doc. 2012–29625 Filed 12–6–12; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 110208116–2233–02]
RIN 0648–BA75
Atlantic Highly Migratory Species;
Electronic Dealer Reporting
Requirements; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correction.
AGENCY:
This action is a technical
amendment to a rule not yet in effect.
It contains a correction to the final
regulations regarding electronic dealer
reporting, which published August 8,
2012, with an effective date of January
1, 2013.
DATES: Effective January 1, 2013, and is
applicable beginning January 1, 2013.
FOR FURTHER INFORMATION CONTACT:
Delisse Ortiz or Karyl Brewster-Geisz at
301–427–8503, or Jackie Wilson at 240–
338–3936.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On June 28, 2011 (76 FR 37750),
NMFS published a proposed rule that
would among other things, require
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72993
electronic dealer reporting for all federal
Atlantic HMS dealers. On August 8,
2012 (77 FR 47303), the final rule for
electronic dealer reporting was
published, with a delayed
implementation of January 1, 2013. On
June 22, 2012 (77 FR 37647), NMFS
published a proposed rule that would
implement the International
Commission for the Conservation of
Atlantic Tunas (ICCAT)
Recommendation 11–08, which
prohibits retaining, transshipping, or
landing silky sharks caught in
association with ICAAT fisheries. On
October 4, 2012 (77 FR 60632), NMFS
published a final rule that implemented
these silky shark management measures,
with an effective date of November 5,
2012.
Need for Correction
Both the silky shark rule and the
electronic dealer reporting rule made
changes to regulatory text at
§ 635.31(c)(6). This document corrects
the final electronic dealer reporting rule
by revising the first sentence of
§ 635.31(c)(6) to make it consistent with
amendments made to that section in the
shark rule. The shark rule became
effective on November 5, 2012, after
publication, but prior to the effective
date, of the electronic dealer final rule.
Without this technical amendment,
when the electronic dealer rule becomes
effective on January 1, 2013, it would
inadvertently undo the dealer
prohibition on purchasing (first
receiving) silky sharks contained in the
shark rule and codified in § 635.31(c)(6).
All other information remains
unchanged and will not be repeated in
this correction.
Correction of Publication
In the final rule that published in the
Federal Register Wednesday, August 8,
2012 (77 FR 47303), the following
correction is made. On page 47317, in
column 3, in § 635.31, paragraph (c)(6)
is correctly revised to read as follows:
§ 635.31 Restrictions on sale and
purchase.
*
*
*
*
*
(c) * * *
(6) A dealer issued a permit under
this part may not first receive silky
sharks, oceanic whitetip sharks or
scalloped, smooth, or great hammerhead
sharks from an owner or operator of a
fishing vessel with pelagic longline gear
on board, or from the owner of a fishing
vessel issued both a HMS Charter/
Headboat permit and a commercial
shark permit when tuna, swordfish or
billfish are on board the vessel,
E:\FR\FM\07DER1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 236 (Friday, December 7, 2012)]
[Rules and Regulations]
[Pages 72991-72993]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29625]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120718253-2644-02]
RIN 0648-BC30
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery Off the Southern Atlantic States;
Transferability of Black Sea Bass Pot Endorsements
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule to implement a revision of a
disapproved action from Amendment 18A (the Resubmittal) to the Fishery
Management Plan (FMP) for the Snapper-Grouper Fishery of the South
Atlantic Region (Amendment 18A), as prepared and submitted by the South
Atlantic Fishery Management Council (Council). This final rule allows
black sea bass pot endorsements to be transferred under specific
conditions. The intent of this rule is to implement the transferability
action originally submitted in Amendment 18A, as clarified in the
Resubmittal.
DATES: This rule is effective January 7, 2013.
ADDRESSES: Electronic copies of Amendment 18A and the Resubmittal may
be obtained from the Southeast Regional Office Web site at https://sero.nmfs.noaa.gov/sf/SASnapperGrouperHomepage.htm. Amendment 18A
includes an Environmental Impact Statement (EIS), a Regulatory
Flexibility Act Analysis (RFA), a Regulatory Impact Review, and a
Fishery Impact Statement. The Resubmittal includes a Regulatory Impact
Review and a Fishery Impact Statement.
FOR FURTHER INFORMATION CONTACT: Kate Michie, 727-824-5305.
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic is managed under the FMP. The FMP was prepared by the Council
and is implemented through regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act).
On August 22, 2012, NMFS published a notice of availability for the
Rebsubmittal and requested public
[[Page 72992]]
comments (77 FR 50672). On September 10, 2012, NMFS published a
proposed rule and requested public comments (77 FR 55448). The
rationale for the actions in this final rule can be found in the
proposed rule, Amendment 18A, and the Resubmittal, and are not repeated
here. The Resubmittal was approved by the Secretary on November 20,
2012.
This rule allows transfer of a black sea bass pot endorsement to an
individual or entity that holds or simultaneously obtains a valid South
Atlantic Unlimited Snapper-Grouper Permit. In order to be transferred,
a black sea bass pot endorsement must be valid or renewable. Black sea
bass pot endorsements may be transferred independently from the South
Atlantic Unlimited Snapper-Grouper Permit with which it is associated.
Landings history will not be transferred with the endorsement. NMFS
will attribute black sea bass landings to the associated South Atlantic
Unlimited Snapper-Grouper Permit regardless of whether the landings
occurred before or after the endorsement was issued. Black sea bass pot
endorsements will not be renewed automatically with the South Atlantic
Snapper-Grouper Unlimited Permit with which it is associated. The
endorsement must be renewed separately from the permit on the Federal
Permit Application for Vessels Fishing in the Exclusive Economic Zone
(EEZ).
This rule also revises codified text in Sec. 622.40, regarding
issuance of the identification tags for black sea bass pots.
Endorsement holders order identification tags through NMFS and a
supplier issues the identification tags. Endorsement holders must apply
for new tags each permit year at the same time they renew their permit
and endorsement. Finally, this rule removes and reserves paragraph
(a)(2) in Sec. 622.43, thereby removing obsolete quota closure
provisions for South Atlantic octocorals.
Comments and Responses
NMFS received four comments on the Resubmittal and the proposed
rule, from three snapper-grouper fishery participants. One commenter
opposed allowing the transfer of black sea bass pot endorsements and
two commenters supported the action.
Comment 1: One commenter preferred that black sea bass pot
endorsements retire with fishermen, or that black sea bass pots be
phased out by not allowing black sea bass pot endorsements to be
transferred, which could slowly shift the entire commercial sector to a
strictly hook-and-line fishery.
Response: The Council considered not allowing black sea bass pot
endorsements to be transferred, which would have allowed the
endorsement to retire with the fisherman. However, the Council chose to
allow black sea bass pot endorsements to be transferred in order to
maintain a consistent level of participation in the black sea bass pot
segment of the snapper-grouper fishery and promote the harvest of black
sea bass at optimum yield.
Comment 2: Two commenters suggested allowing fishermen who did not
qualify for an endorsement to reenter the black sea bass pot segment of
the snapper-grouper fishery as the quota (ACL) increases.
Response: This issue is outside the scope of this rulemaking, which
implements a transferability provision for black sea bass pot
endorsements. The Council did not consider and this rule does not
address allowing increased participation in the black sea bass pot
segment of the snapper-grouper fishery.
Comment 3: One commenter recommended removing the black sea bass
size limits, or reverting the size limit back to 8 inches (20.3 cm) in
order to reduce regulatory discards and give poor people access to
lower priced small black sea bass while allowing fishermen to harvest
more of the ACL.
Response: The Council considered the issue of minimum size limits
for black sea bass in Amendment 18A; however, minimum size limits were
not considered in the Resubmittal, and are outside the scope of this
rulemaking.
Comment 4: Two commenters supported allowing black sea bass pot
endorsements to be transferred.
Response: NMFS agrees. Allowing black sea bass pot endorsements to
be transferred will maintain a consistent level of participation in the
black sea bass pot segment of the snapper-grouper fishery and promote
the harvest of black sea bass at optimum yield.
Changes From the Proposed Rule
The proposed rule made editorial changes to the first sentence in
the codified text at 50 CFR 622.4(a)(2)(xv). After further
consideration, NMFS has determined that these changes are unnecessary.
The codified text at Sec. 622.4(a)(2)(xv), which established the South
Atlantic black sea bass pot endorsement, should remain consistent with
the codified text at 50 CFR Sec. 622.4(a)(2)(xiv), which established
the Eastern Gulf reef fish bottom longline endorsement. Thus, the
proposed changes to the first sentence of Sec. 622.4(a)(2)(xv) will
not be implemented in the final rule.
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 snapper-grouper fishery in the South
Atlantic and that they are consistent with the FMP, the Resubmittal,
other provisions of 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. NMFS did not receive any comments or other new information
concerning this certification. As a result, no Final Regulatory
Flexibility Analysis is required and none has been prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: December 3, 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
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1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
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2. In Sec. 622.4, the introductory text of paragraph (a)(2)(xv) is
revised, paragraph (a)(2)(xv)(D) is added, and the first sentence in
paragraph (g)(1) is revised to read as follows:
Sec. 622.4 Permits and fees.
(a) * * *
(2) * * *
(xv) South Atlantic black sea bass pot endorsement. For a person
aboard a vessel, for which a valid commercial vessel permit for South
Atlantic snapper-grouper unlimited has been issued, to use a black sea
bass pot in the South Atlantic EEZ, a valid South Atlantic black sea
bass pot endorsement must have been issued to the vessel and
[[Page 72993]]
must be on board. A permit or endorsement that has expired is not
valid. This endorsement must be renewed annually and may only be
renewed if the associated vessel has a valid commercial vessel permit
for South Atlantic snapper-grouper unlimited or if the endorsement and
associated permit are being concurrently renewed. The RA will not
reissue this endorsement if the endorsement is revoked or if the RA
does not receive a complete application for renewal of the endorsement
within 1 year after the endorsement's expiration date.
* * * * *
(D) Transferability. A valid or renewable black sea bass pot
endorsement may be transferred between any two entities that hold, or
simultaneously obtain, a valid South Atlantic snapper-grouper unlimited
permit. Endorsements may be transferred independently from the South
Atlantic snapper-grouper unlimited permit. NMFS will attribute black
sea bass landings to the associated South Atlantic snapper-grouper
unlimited permit regardless of whether the landings occurred before or
after the endorsement was issued. Only legal landings reported in
compliance with applicable state and Federal regulations are
acceptable.
* * * * *
(g) * * *
(1) * * * A vessel permit, license, or endorsement or a dealer
permit or endorsement issued under this section is not transferable or
assignable, except as provided in paragraph (m) of this section for a
commercial vessel permit for Gulf reef fish, in paragraph (o) of this
section for a king mackerel gillnet permit, in paragraph (q) of this
section for a commercial vessel permit for king mackerel, in paragraph
(r) of this section for a charter vessel/headboat permit for Gulf
coastal migratory pelagic fish or Gulf reef fish, in paragraph (s) of
this section for a commercial vessel moratorium permit for Gulf shrimp,
in Sec. 622.17(c) for a commercial vessel permit for golden crab, in
Sec. 622.18(b) for a commercial vessel permit for South Atlantic
snapper-grouper, in Sec. 622.19(b) for a commercial vessel permit for
South Atlantic rock shrimp, in Sec. 622.4(a)(2)(xiv)(D) for an eastern
Gulf reef fish bottom longline endorsement, and in Sec.
622.4(a)(2)(xv)(D) for a South Atlantic black sea bass pot endorsement.
* * *
* * * * *
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3. In Sec. 622.40, paragraph (d)(1)(i)(D) is revised to read as
follows:
Sec. 622.40 Limitations on traps and pots.
* * * * *
(d) * * *
(1) * * *
(i) * * *
(D) A vessel that has on board a valid Federal commercial permit
for South Atlantic snapper-grouper and a South Atlantic black sea bass
pot endorsement that fishes in the South Atlantic EEZ on a trip with
black sea bass pots, may possess only 35 black sea bass pots per vessel
per permit year. Each black sea bass pot in the water or onboard a
vessel in the South Atlantic EEZ, must have a valid identification tag
attached. Endorsement holders must apply for new tags each permit year
through NMFS to replace the tags from the previous year.
* * * * *
Sec. 622.43 [Amended]
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4. In Sec. 622.43, paragraph (a)(2) is removed and reserved.
[FR Doc. 2012-29625 Filed 12-6-12; 8:45 am]
BILLING CODE 3510-22-P
