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]

Download as PDF 76950 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 VerDate Mar<15>2010 01:38 Dec 29, 2012 Jkt 229001 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: http://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 Sfmt 4700 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 VerDate Mar<15>2010 01:38 Dec 29, 2012 Jkt 229001 PO 00000 Frm 00143 Fmt 4700 Sfmt 9990 E:\FR\FM\31DER1.SGM 31DER1

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]


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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