Fisheries of the Northeastern United States; Summer Flounder, Scup, and Black Sea Bass Fisheries; 2012 Summer Flounder, Scup, and Black Sea Bass Specifications; Correction, 76950-76951 [2012-31423]
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Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations
ebenthall on DSK5TPTVN1PROD with
black sea bass fisheries. Of these, one
alternative, labeled Alternative 3 for
each species, contained the most
restrictive options (i.e., lowest total
landing levels). While the Alternative 3
measures would achieve the objectives
of the proposed action for each of three
species, they have the highest potential
adverse economic impacts on small
entities in the form of potential foregone
fishing opportunities. Alternative 3 was
not preferred by the Council because the
other alternatives considered are
expected have lower adverse impacts on
small entities while achieving the stated
objectives of sustaining the summer
flounder, scup, and black sea bass
stocks, consistent with the FMP and
Magnuson-Stevens Act.
Through this final rule, NMFS
implements the Council’s preferred
ABCs in 2013 for summer flounder
(22.34 million lb (10,133 mt)), scup
(38.71 million lb (17,577 mt)), and black
sea bass (4.5 million lb (2,041 mt)). This
final rule also implements the following
ABCs for 2014: Summer flounder, 22.24
million lb (10,088 mt); and scup, 35.99
million lb (16,325 mt). This alternative
consists of the quota levels that pair the
lowest economic impacts to small
entities and meet the required objectives
of the FMP and the Magnuson-Stevens
Act. The respective specifications
contained in this final rule for all three
species were selected because they
satisfy NMFS’ obligation to implement
specifications that are consistent with
the goals, objectives, and requirements
of the FMP, its implementing
regulations, and the Magnuson-Stevens
Act. The F rates associated with the
catch limits for all three species all have
very low likelihoods of causing
overfishing to occur in 2013.
The revenue decreases associated
with allocating a portion of available
catch to the RSA program are expected
to be minimal (approximately between
$300 and $1,000 per vessel), and are
expected to yield important benefits
associated with improved fisheries data.
It should also be noted that fish
harvested under the RSA program can
be sold, and the profits used to offset the
costs of research. As such, total gross
revenues to the industry are not
expected to decrease substantially, if at
all, as a result of this final rule
authorizing RSA for 2013 and 2014.
Small Entity Compliance Guide
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that, for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
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01:38 Dec 29, 2012
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the rule, and shall designate such
publications as ‘‘small entity
compliance guides.’’ The agency shall
explain the actions a small entity is
required to take to comply with a rule
or group of rules. As part of this
rulemaking process, a small entity
compliance guide will be sent to all
holders of Federal permits issued for the
summer flounder, scup, and black sea
bass fisheries. In addition, copies of this
final rule and guide (i.e., permit holder
letter) are available from NMFS (see
ADDRESSES) and at the following Web
site: https://www.nero.noaa.gov.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 26, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
performing the functions and duties of the
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2012–31424 Filed 12–28–12; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 111220786–2728–03]
RIN 0648–XA795
Fisheries of the Northeastern United
States; Summer Flounder, Scup, and
Black Sea Bass Fisheries; 2012
Summer Flounder, Scup, and Black
Sea Bass Specifications; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule, correction.
AGENCY:
On April 23, 2012, NMFS
published in the Federal Register the
final rule to implement the 2012
summer flounder, scup, and black sea
bass specifications, which established
commercial summer flounder
allocations for each coastal state from
North Carolina to Maine, and the
summer flounder recreational harvest
limit. Following publication, an error
was identified in the commercial
summer flounder quota and recreational
harvest limit. This rule corrects that
error.
DATES: Effective December 26, 2012,
through December 31, 2012.
FOR FURTHER INFORMATION CONTACT:
Carly Bari, Fisheries Management
Specialist, (978) 281–9224,
carly.bari@noaa.gov.
SUMMARY:
PO 00000
Frm 00142
Fmt 4700
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SUPPLEMENTARY INFORMATION:
Background
NMFS publishes this rule to correct
an error in the commercial summer
flounder quota and recreational harvest
limit, which was implemented in the
April 23, 2012 final rule on the 2012
summer flounder, scup, and black sea
bass specifications. Regulations for the
summer flounder fishery are found at 50
CFR part 648. The regulations require
annual specification of a commercial
quota that is apportioned among the
coastal states from North Carolina
through Maine and a coastwide
recreational harvest limit. The process
to set the annual commercial quota and
the percent allocated to each state are
described in § 648.102.
Need for Correction
The final rule implementing 2012
summer flounder, scup, and black sea
bass specifications published on April
23, 2012 (77 FR 24151). An error was
found in the summer flounder
commercial quota and recreational
harvest limit. The 3-percent research
set-aside (RSA) was mistakenly
deducted twice from the quotas. The
revised 2012 summer flounder
commercial quota, less RSA, is
13,136,000 lb (5,958,490 kg), and the
revised 2012 summer flounder
recreational harvest limit, less RSA, is
8,758,000 lb (3,972,629 kg). Table 1
presents the allocations of summer
flounder by state with the corrected
commercial quota including RSA,
overages, and transfers through
December 11, 2012.
Classification
Pursuant to 5 U.S.C. 553(b)(B), the
Assistant Administrator for Fisheries,
NOAA, finds good cause to waive prior
notice and opportunity for additional
public comment for this action because
this would be impracticable and
contrary to the public interest. The
interim final rule for the 2012 summer
flounder, scup, and black sea bass
specification already took comment on
the initial summer flounder quota with
the understanding that overage
adjustments would be made. This action
is correcting an error found in the
specifications regarding the summer
flounder commercial quota and
recreational harvest limit. In the April
23, 2012 rule, the 3-percent research setaside (RSA) was mistakenly deducted
twice from the quotas. Thus, this rule
corrects this error by increasing the
summer flounder commercial and
recreational quotas by 3-percent.
Delaying the implementation of this
action to allow for prior notice and
E:\FR\FM\31DER1.SGM
31DER1
Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations
opportunity for comment of this
correction could result in premature
closures of the summer flounder fishery
in states that have the potential to fully
harvest their quotas. Given that states
have surpassed their summer flounder
quota in the past, if the revised quota is
not implemented, there is the potential
that the fishery would reach the
erroneous harvest quota amount, and
could produce unnecessary adverse
economic consequences for fishermen
that participate in this fishery. The
measures in the interim final rule for the
2012 summer flounder, scup, and black
sea bass specifications, for which the
opportunity for public comment was
already given, are unaffected by this
correction.
Moreover, pursuant to 5 U.S.C.
553(d), the Assistant Administrator
finds good cause to waive the 30-day
delay in effective date. This action is
correcting an error found in the
specifications regarding the summer
flounder commercial quota and
recreational harvest limit. Delaying the
effective date of this correction to allow
for the 30-day delay could result in
premature closures of the summer
flounder fishery in states that have the
potential to fully harvest their quotas.
Given that states have surpassed their
summer flounder quota in the past, if
the revised quota is not implemented
immediately, there is the potential that
the fishery would reach the erroneous
harvest quota amount, and could
76951
produce unnecessary adverse economic
consequences for fishermen that
participate in this fishery.
Because prior notice and opportunity
for public comment are not required for
this rule by 5 U.S.C. 553, or any other
law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq., do not apply.
This final rule is exempt from review
under Executive Order 12866.
Correction
In the Federal Register of April 23,
2012, in FR Doc. 2012–9755, on page
24152, Table 1 is corrected as follows:
TABLE 1—FINAL STATE-BY-STATE COMMERCIAL SUMMER FLOUNDER ALLOCATIONS FOR 2012
Initial quota, less RSA
State
FMP Percent
share
lb
2011 Quota overages
(through
10/31/11)
kg
lb
ME ..........
NH ..........
MA ..........
RI ............
CT ..........
NY ..........
NJ ...........
DE ..........
MD ..........
VA ..........
NC ..........
Total
kg
lb
kg
2012 Corrected quotas,
accounting for RSA, overages, and transfers to
date
lb
kg
6,247
60
895,936
2,060,116
296,490
1,004,509
2,196,995
2,337
267,856
2,800,170
3,605,286
2,834
27
406,396
934,469
134,488
455,645
996,557
1,060
121,500
1,270,157
1,635,358
0
0
0
0
0
50,736
0
54,982
0
0
0
0
0
0
0
0
23,014
0
24,940
0
0
0
¥6,000
0
0
13,925
6,000
0
0
0
0
1,890,420
¥1,904,345
¥2,722
0
0
6,316
2,722
0
0
0
0
857,495
¥863,811
247
60
895,936
2,074,041
302,490
953,773
2,196,995
¥52,645
267,856
4,690,590
1,700,941
112
27
406,396
940,785
137,209
432,631
996,557
¥23,880
121,500
2,127,651
771,547
13,136,001
5,958,490
105,718
47,954
N/A
N/A
13,030,283
5,910,537
0.04756
0.00046
6.82046
15.68298
2.25708
7.64699
16.72499
0.01779
2.0391
21.31676
27.44584
100.00
2012 Quota transfers
(through
12/11/12)
Notes: 2011 quota overage is determined through comparison of landings for January through October 2011, plus any landings in 2010 in excess of the 2010 quota (that were not previously address in the 2011 specifications) for each state. For Delaware, this includes continued repayment of overharvest from previous years. Total quota is the sum for all state with an allocation. A state with a negative number has a 2012 allocation of zero (0). Kilograms are as converted from pounds and may not necessarily add due to rounding.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 21, 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. 2012–31423 Filed 12–26–12; 4:15 pm]
ebenthall on DSK5TPTVN1PROD with
BILLING CODE 3510–22–P
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Jkt 229001
PO 00000
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]]>Agencies
[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Rules and Regulations]
[Pages 76950-76951]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31423]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 111220786-2728-03]
RIN 0648-XA795
Fisheries of the Northeastern United States; Summer Flounder,
Scup, and Black Sea Bass Fisheries; 2012 Summer Flounder, Scup, and
Black Sea Bass Specifications; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule, correction.
-----------------------------------------------------------------------
SUMMARY: On April 23, 2012, NMFS published in the Federal Register the
final rule to implement the 2012 summer flounder, scup, and black sea
bass specifications, which established commercial summer flounder
allocations for each coastal state from North Carolina to Maine, and
the summer flounder recreational harvest limit. Following publication,
an error was identified in the commercial summer flounder quota and
recreational harvest limit. This rule corrects that error.
DATES: Effective December 26, 2012, through December 31, 2012.
FOR FURTHER INFORMATION CONTACT: Carly Bari, Fisheries Management
Specialist, (978) 281-9224, carly.bari@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
NMFS publishes this rule to correct an error in the commercial
summer flounder quota and recreational harvest limit, which was
implemented in the April 23, 2012 final rule on the 2012 summer
flounder, scup, and black sea bass specifications. Regulations for the
summer flounder fishery are found at 50 CFR part 648. The regulations
require annual specification of a commercial quota that is apportioned
among the coastal states from North Carolina through Maine and a
coastwide recreational harvest limit. The process to set the annual
commercial quota and the percent allocated to each state are described
in Sec. 648.102.
Need for Correction
The final rule implementing 2012 summer flounder, scup, and black
sea bass specifications published on April 23, 2012 (77 FR 24151). An
error was found in the summer flounder commercial quota and
recreational harvest limit. The 3-percent research set-aside (RSA) was
mistakenly deducted twice from the quotas. The revised 2012 summer
flounder commercial quota, less RSA, is 13,136,000 lb (5,958,490 kg),
and the revised 2012 summer flounder recreational harvest limit, less
RSA, is 8,758,000 lb (3,972,629 kg). Table 1 presents the allocations
of summer flounder by state with the corrected commercial quota
including RSA, overages, and transfers through December 11, 2012.
Classification
Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for
Fisheries, NOAA, finds good cause to waive prior notice and opportunity
for additional public comment for this action because this would be
impracticable and contrary to the public interest. The interim final
rule for the 2012 summer flounder, scup, and black sea bass
specification already took comment on the initial summer flounder quota
with the understanding that overage adjustments would be made. This
action is correcting an error found in the specifications regarding the
summer flounder commercial quota and recreational harvest limit. In the
April 23, 2012 rule, the 3-percent research set-aside (RSA) was
mistakenly deducted twice from the quotas. Thus, this rule corrects
this error by increasing the summer flounder commercial and
recreational quotas by 3-percent. Delaying the implementation of this
action to allow for prior notice and
[[Page 76951]]
opportunity for comment of this correction could result in premature
closures of the summer flounder fishery in states that have the
potential to fully harvest their quotas. Given that states have
surpassed their summer flounder quota in the past, if the revised quota
is not implemented, there is the potential that the fishery would reach
the erroneous harvest quota amount, and could produce unnecessary
adverse economic consequences for fishermen that participate in this
fishery. The measures in the interim final rule for the 2012 summer
flounder, scup, and black sea bass specifications, for which the
opportunity for public comment was already given, are unaffected by
this correction.
Moreover, pursuant to 5 U.S.C. 553(d), the Assistant Administrator
finds good cause to waive the 30-day delay in effective date. This
action is correcting an error found in the specifications regarding the
summer flounder commercial quota and recreational harvest limit.
Delaying the effective date of this correction to allow for the 30-day
delay could result in premature closures of the summer flounder fishery
in states that have the potential to fully harvest their quotas. Given
that states have surpassed their summer flounder quota in the past, if
the revised quota is not implemented immediately, there is the
potential that the fishery would reach the erroneous harvest quota
amount, and could produce unnecessary adverse economic consequences for
fishermen that participate in this fishery.
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., do not apply.
This final rule is exempt from review under Executive Order 12866.
Correction
In the Federal Register of April 23, 2012, in FR Doc. 2012-9755, on
page 24152, Table 1 is corrected as follows:
Table 1--Final State-by-State Commercial Summer Flounder Allocations for 2012
--------------------------------------------------------------------------------------------------------------------------------------------------------
Initial quota, less RSA 2011 Quota overages 2012 Quota transfers 2012 Corrected quotas,
-------------------------- (through 10/31/11) (through 12/11/12) accounting for RSA,
FMP Percent ---------------------------------------------------- overages, and transfers
State share to date
lb kg lb kg lb kg -------------------------
lb kg
--------------------------------------------------------------------------------------------------------------------------------------------------------
ME................................ 0.04756 6,247 2,834 0 0 -6,000 -2,722 247 112
NH................................ 0.00046 60 27 0 0 0 0 60 27
MA................................ 6.82046 895,936 406,396 0 0 0 0 895,936 406,396
RI................................ 15.68298 2,060,116 934,469 0 0 13,925 6,316 2,074,041 940,785
CT................................ 2.25708 296,490 134,488 0 0 6,000 2,722 302,490 137,209
NY................................ 7.64699 1,004,509 455,645 50,736 23,014 0 0 953,773 432,631
NJ................................ 16.72499 2,196,995 996,557 0 0 0 0 2,196,995 996,557
DE................................ 0.01779 2,337 1,060 54,982 24,940 0 0 -52,645 -23,880
MD................................ 2.0391 267,856 121,500 0 0 0 0 267,856 121,500
VA................................ 21.31676 2,800,170 1,270,157 0 0 1,890,420 857,495 4,690,590 2,127,651
NC................................ 27.44584 3,605,286 1,635,358 0 0 -1,904,345 -863,811 1,700,941 771,547
---------------------------------------------------------------------------------------------------------------------
Total......................... 100.00 13,136,001 5,958,490 105,718 47,954 N/A N/A 13,030,283 5,910,537
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: 2011 quota overage is determined through comparison of landings for January through October 2011, plus any landings in 2010 in excess of the 2010
quota (that were not previously address in the 2011 specifications) for each state. For Delaware, this includes continued repayment of overharvest
from previous years. Total quota is the sum for all state with an allocation. A state with a negative number has a 2012 allocation of zero (0).
Kilograms are as converted from pounds and may not necessarily add due to rounding.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 21, 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. 2012-31423 Filed 12-26-12; 4:15 pm]
BILLING CODE 3510-22-P
