[Federal Register Volume 77, Number 184 (Friday, September 21, 2012)]
[Proposed Rules]
[Pages 58507-58509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23364]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 120321209-2162-01]
RIN 0648-BC08
Fisheries of the Northeastern United States; Atlantic Mackerel,
Squid, and Butterfish Fisheries; Framework Adjustment 5
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule, request for comments.
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SUMMARY: NMFS proposes regulations to implement Framework Adjustment 5
to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan
(MSB FMP), which was developed and adopted by the Mid-Atlantic Fishery
Management Council and submitted to NMFS for approval. This action
proposes broadening the scope of individuals and entities approved to
complete vessel fish hold capacity certifications for vessels issued
Tier 1 and 2 limited access Atlantic mackerel permits.
[[Page 58508]]
DATES: Public comments must be received no later than 5 p.m., eastern
standard time, on October 22, 2012.
ADDRESSES: Copies of supporting documents used by the Mid-Atlantic
Fishery Management Council, including the Framework Document, are
available from: Dr. Christopher M. Moore, Executive Director, Mid-
Atlantic Fishery Management Council, Suite 201, 800 N. State Street,
Dover, DE 19901. The Framework Document is also accessible via the
Internet at http://www.nero.noaa.gov.
You may submit comments, identified by NOAA-NMFS-2012-0103, by any
one 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-2012-0103 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.
Mail to NMFS, Northeast Regional Office, 55 Great Republic
Dr. Gloucester, MA 01930. Mark the outside of the envelope ``Comments
on MSB Framework Adjustment 5.''
Fax: (978) 281-9135, Attn: Lindsey Feldman;
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.
FOR FURTHER INFORMATION CONTACT: Lindsey Feldman, Fishery Management
Specialist, 978-675-2179, fax 978-281-9135.
SUPPLEMENTARY INFORMATION:
Background
Amendment 11 to the MSB FMP (76 FR 68642, November 7, 2011)
implemented a three tiered mackerel limited access program in which all
qualifiers were required to have possessed a valid permit on March 21,
2007. A vessel must have landed at least 400,000 lb (181.44 mt) in any
one year 1997-2005 to qualify for a Tier 1 permit; at least 100,000 lb
(45.36 mt) in any one year March 1, 1994-December 31, 2005, to qualify
for a Tier 2 permit; or at least 1,000 lb (0.45 mt) in any one year
March 1, 1994-December 31, 2005, to qualify for a Tier 3 permit. Trip
limits for each tier are established annually through the specification
process. The trip limits approved for 2012 are unlimited for Tier 1;
135,000 lb (61.23 mt) for Tier 2; and 100,000 lb (45.36 mt) for Tier 3.
The tiered limited access program went into effect on March 1,
2012, and permit applications are being accepted through February 28,
2013. Vessel owners whose vessels are issued Tier 1 and 2 mackerel
permits (the tiers with the highest access) are required to obtain a
certification of the capacity of the vessel's fish hold(s). The final
rule implementing Amendment 11 provided that a fish hold capacity
certification must be made by an individual credentialed as a Certified
Marine Surveyor with a fishing specialty by the National Association of
Marine Surveyors, or by an individual credentialed as an Accredited
Marine Surveyor with a fishing specialty by the Society of Accredited
Marine Surveyors. Vessel owners who have received a certification of
their vessel's fish hold capacity by the Maine State Sealer of Weights
and Measures also meet the fish hold capacity requirement. Vessel
owners are required to submit documentation in support of their
vessel's certified fish hold capacity to NMFS by December 31, 2012, or
their first vessel replacement or upgrade, whichever comes first. The
certified fish hold capacity will be considered a new baseline
specification to control future vessel upgrades for vessels with Tier 1
and 2 mackerel permits. In addition to limiting vessel upgrades to 10
percent above the baseline gross registered tonnage, net tonnage, and
length overall and 20 percent above the baseline horsepower, future
upgrades to Tier 1 and 2 mackerel permits will be limited to 10 percent
above the certified baseline fish hold capacity. Council staff and the
Council developed the original credentialing requirements through
background research, advisory panel meetings, input from several marine
surveyors in the Mid-Atlantic and New England, and input during several
rounds of public comment on the amendment. Since publication of the
final rule for Amendment 11, two marine professionals commented that
additional qualified individuals or entities should be approved to
complete fish hold capacity certifications. Industry representatives
suggested that individuals other than those with the credentials
approved in Amendment 11 may be qualified to complete fish hold
capacity certifications. To address this concern, the Council adopted
Framework 5 on April 12, 2012, and submitted it to NMFS on April 18,
2012, for review and approval.
This action proposes revising the fish hold capacity certification
requirement to allow additional individuals or entities beyond those
with credentials approved in Amendment 11 to complete fish hold
capacity certifications. This framework action would expand the range
of individuals and entities that are approved to complete hold capacity
certifications and allow them also to be completed by employees or
agents of a classification society approved by the Coast Guard pursuant
to 46 U.S.C. 3316(c), Maine State Sealer of Weights and Measures, a
professionally-licensed and/or registered Marine Engineer, or a Naval
Architect with a professional engineer license. NMFS invites the public
to comment on whether this expanded list is too broad or there are
other individuals who should be added to this list because they have
credentials reflecting their competence to make a fish hold
certification of which NMFS is currently unaware. In addition, we
invite public comment on whether there is a need for additional
mechanisms to ensure that individuals and/or entities are qualified to
perform fish hold capacity certifications. This list could be expanded
in the final rule to include such individuals if NMFS determines it has
a reasonable basis upon which to assess an individual's competence to
make a fish hold certification. This action also proposes extending the
date that vessels are required to submit fish hold capacity
measurements by one year. Due to a delay in rulemaking, vessels with
mackerel Tier 1 and 2 permits would be required to submit fish hold
capacity measurements by December 31, 2013, instead of December 31,
2012.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the Atlantic Mackerel, Squid, and Butterfish FMP, other
provision of the
[[Page 58509]]
Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment.
This proposed 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 Council for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
For the reasons described below, an initial regulatory flexibility
analysis is not required for this framework action and none has been
prepared.
The Small Business Administration (SBA) defines a small business in
the commercial fishing sector as a firm with receipts (gross revenues)
of up to $4.0 million. Party/charter small businesses are included in
NAICS code 487210 and are defined as a firm with gross receipts of up
to $7 million. Depending on the year, all 74 of the vessels required to
complete hold certifications may qualify as small businesses, or a few
may be above the 4.0 million dollar threshold depending on their
landings in a given year. However, this action will not negatively
impact any fishery participants, regardless of size.
Amendment 11 analyzed the impacts from requiring Tier 1 and 2
mackerel vessels to obtain fish hold capacity measurements from an
individual credentialed as a Certified Marine Surveyor with a fishing
specialty by the National Association of Marine Surveyors, from an
individual credentialed as an Accredited Marine Surveyor with a fishing
specialty by the Society of Accredited Marine Surveyors, or with
certification by the Maine State Sealer of Weights and Measures. This
action proposes to broaden the scope of individuals who are approved to
complete the fish hold capacity measurement, but does not have any
impact on small entities outside of the scope of those analyzed in
Amendment 11. Although vessel owners will have more flexibility for
obtaining a fish hold capacity measurement completed by a qualified
individual under this action, this action is not expected to result in
any change in the cost associated with obtaining the certification.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: September 17, 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 648 is
proposed to be amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
1. The authority citation for part 648 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 648.4, paragraph (a)(5) (iii)(H)(1) is revised to read
as follows:
Sec. 648.4 Vessel permits.
(a) * * *
(5) * * *
(iii) * * *
(H) Vessel baseline specification. (1) In addition to the baseline
specifications specified in paragraph (a)(1)(i)(H) of this section, the
volumetric fish hold capacity of a vessel at the time it was initially
issued a Tier 1 or Tier 2 limited access mackerel permit will be
considered a baseline specification. The fish hold capacity measurement
must be certified by one of the following qualified individuals or
entities: An individual credentialed as a Certified Marine Surveyor
with a fishing specialty by the National Association of Marine
Surveyors (NAMS); an individual credentialed as an Accredited Marine
Surveyor with a fishing specialty by the Society of Accredited Marine
Surveyors (SAMS); employees or agents of a classification society
approved by the Coast Guard pursuant to 46 U.S.C. 3316(c); the Maine
State Sealer of Weights and Measures; a professionally-licensed and/or
registered Marine Engineer; or a Naval Architect with a professional
engineer license. Owners whose vessels qualify for a Tier 1 or Tier 2
mackerel permit must submit a certified fish hold capacity measurement
to NMFS by December 31, 2013, or with the first vessel replacement
application after a vessel qualifies for a Tier 1 or Tier 2 mackerel
permit, whichever is sooner. The fish hold capacity measurement
submitted to NMFS as required in this paragraph (a)(5)(iii) must
include a signed certification by the individual or entity that
completed the measurement, specifying how they meet the definition of a
qualified individual or entity.
* * * * *
[FR Doc. 2012-23364 Filed 9-20-12; 8:45 am]
BILLING CODE 3510-22-P