[Federal Register Volume 77, Number 236 (Friday, December 7, 2012)]
[Rules and Regulations]
[Pages 72991-72993]
From the Federal Register Online via the Government Publishing 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.
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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 http://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
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
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.
* * *
* * * * *
0
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]
0
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