[Federal Register Volume 77, Number 233 (Tuesday, December 4, 2012)]
[Rules and Regulations]
[Pages 71720-71722]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29140]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 120321209-2643-02]
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: Final rule.
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SUMMARY: NMFS is 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
under the Atlantic
[[Page 71721]]
Mackerel, Squid, and Butterfish Fishery Management Plan (MSB FMP). In
addition, this rule extends the deadline to submit vessel fish hold
capacity certifications from December 31, 2012, to December 31, 2013 or
during a vessel replacement transaction, whichever comes first.
DATES: Effective on December 3, 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.
FOR FURTHER INFORMATION CONTACT: Lindsey Feldman, Fishery Management
Specialist, 978-675-2179, fax 978-281-9135.
SUPPLEMENTARY INFORMATION:
Background
NMFS published a proposed rule for Framework Adjustment 5 on
September 21, 2012 (77 FR 58507). Additional background information and
detail on why and how Framework Adjustment 5 was developed are included
in the proposed rule, and are not repeated here. 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. 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 (NAMS), or by an individual credentialed as an
Accredited Marine Surveyor with a fishing specialty by the Society of
Accredited Marine Surveyors (SAMS). 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.
This action revises 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 does not make any
changes from the proposed rule and expands 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. This action also
extends the date that vessels are required to submit fish hold capacity
measurements by 1 year. Due to a delay in rulemaking, vessels with
mackerel Tier 1 and 2 permits will be required to submit fish hold
capacity measurements by December 31, 2013, or their first vessel
replacement or upgrade, whichever comes first, instead of December 31,
2012.
Comments and Responses
NMFS received four comments on the proposed rule for Framework
Adjustment 5 from: Lund's Fisheries, Inc., a processing facility in
Cape May, NJ; Quest Marine Services, a marine surveying company; a
vessel owner with a mackerel permit; and a member of the general
public.
Comment 1: Quest Marine Services commented that the list of
individuals or entities approved to conduct vessel capacity
measurements should include independent accredited marine surveyors
that are not members of a classification society such as NAMS or SAMS.
They noted that independent surveyors have experience necessary to
conduct commercial fishing vessel surveys and have long-standing
relationships with the commercial fishing industry. They also commented
in support of extending the deadline to submit vessel capacity
measurements from December 31, 2012, to December 31, 2013.
Response: Although independent marine surveyors may have experience
completing commercial fishing vessel surveys and vessel hold capacity
calculations, there are no accreditation requirements for such
surveyors. Without any type of accreditation, such as being a member of
a classification society, having a degree in naval architecture, etc.,
it is not possible for us to verify the qualifications of an
independent marine surveyor. Therefore, NMFS does not support the
inclusion of independent marine surveyors in the list of individuals or
entities approved to complete vessel capacity measurements for Tier 1
and Tier 2 mackerel vessels.
Comment 2: Lund's Fisheries, Inc., commented in support of
broadening the scope of individuals approved to complete vessel
capacity measurements, but did not support the inclusion of Maine State
Sealer of Weights and Measures as an approved entity as the state's
method of certifying hold capacities is based on a volumetric
measurement using hogsheads, which was developed for the Atlantic
herring, but not the mackerel fishery. Lund's suggested the use of
cubic feet as a standardized measurement and that NMFS hold a workshop
to develop a universal standard for fish hold standardization in the
mackerel fishery.
Response: NMFS does not agree that the Maine State Sealer of
Weights and Measures should be removed from the list of approved
entities to complete vessel capacity measurements. The vessel capacity
measurement requirement was implemented as a baseline measurement that
will limit future upgrades to Tier 1 and 2 mackerel permits to 10
percent above the certified baseline vessel hold capacity. The unit of
such measurements may vary depending on the methodology used by the
approved individual or entity (for example, the Maine State Sealer of
Weights and Measures uses the hogshead as a unit of measures). The unit
of the vessel capacity measurement does not have any impact on the
measurement as a baseline specification. Vessels that submit hold
capacity measurements in hogsheads, or any other unit of measure, will
still be limited in any vessel replacement or upgrade to 10 percent
above the baseline hogshead (or other) measurement. If the volumetric
unit differs between vessels during an upgrade or replacement, accepted
methods of unit conversion will be used (ex. 1 hogshead = 1225 lb =
21.8 ft\3\). While we understand the importance of having a
standardized unit of measure for vessel holds in the mackerel and
herring fisheries for other purposes, such standardization is not
necessary for the capacity measurement to function as a baseline
specification.
Comment 3: A vessel owner with a mackerel permit commented that the
fish hold certification requirement is too expensive for small vessels
that only catch minimal amounts of mackerel.
Response: The vessel hold capacity measurement requirement is only
required for vessels with Atlantic mackerel Tier 1 and 2 limited access
permits. The trip limits for Tier 1 and Tier 2 permits are unlimited
mackerel, and 135,000 lb per trip or per calendar day respectively.
Vessels that are issued Tier 1 and Tier 2 mackerel permits are
[[Page 71722]]
predominantly large boats with larger catches than the commenter
described, and therefore smaller vessels that land minimal mackerel are
not subject to the vessel hold capacity measurement requirement. For
smaller vessels with minimal mackerel landings, NMFS recommends
obtaining either a Tier 3 limited access permit, which has a 100,000
lb-trip limit, or an Atlantic mackerel open access permit, which has a
20,000 lb-trip limit, recognizing that after the limited access program
application period has expired, vessels will be prohibited from
upgrading from a low to a high possession limit Tiered permit. Neither
of these permits would require obtaining and submitting a vessel hold
capacity measurement.
Comment 4: A member of the public commented generally against the
fishing industry and NOAA.
Response: This comment did not address the subject of this
rulemaking and therefore does not warrant a specific response within
this rule.
Classification
The Administrator, Northeast Region, NMFS, determined that this
framework adjustment to the Atlantic Mackerel, Squid, and Butterfish
FMPs is necessary for the conservation and management of the Atlantic
mackerel, butterfish, fisheries and that it is consistent with the
Magnuson-Stevens Act and other applicable laws.
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 Council 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. The factual basis for this certification was published in the
proposed rule and is not repeated here. No comments were received, and
no new information has been received regarding this certification. As a
result, a regulatory flexibility analysis was not required and none was
prepared.
The Assistant Administrator for Fisheries finds good cause under
section 553(d) of the Administrative Procedure Act to waive the 30-day
delay in effectiveness for this action. Due to a delay in rulemaking,
this action extends the deadline for Tier 1 and 2 Atlantic mackerel
vessels to complete vessel hold capacity measurements from December 31,
2012, to December 31, 2013. If the effectiveness of this rule was
delayed for 30-days from the date of publication, vessels issued Tier 1
and 2 mackerel permits would still be required to submit hold capacity
measurements by December 31, 2012, therefore invalidating the 1 year
extension in this action. Because the majority of Tier 1 and 2 mackerel
vessels have been waiting to obtain and submit vessel hold capacity
measurements to NMFS until this rulemaking was published in the Federal
Register, they would have minimal time and potentially added expense to
do so if the deadline was not extended as a result of the 30-day delay
in effectiveness. In addition, vessels would be required to have hold
capacity measurements completed by the original entities approved under
Amendment 11 to the MSB FMP. As this rulemaking broadens the scope of
entities and individuals approved to complete vessel hold capacity
measurements, delaying this rule would result in economic harm to the
vessels that are subject to the capacity measurement requirement by
limiting their options and constraining their time for obtaining vessel
capacity measurements.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: November 27, 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 amended
as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
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) * * *
(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)(H)(1) 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. 2012-29140 Filed 12-3-12; 8:45 am]
BILLING CODE 3510-22-P