Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Proposed Rules 16991 

ACTION: Notification of submission to 

the Secretary of Agriculture. 

SUMMARY: This document notifies the 

public as required by section 25(a) of 

the Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA) that the EPA 

has forwarded to the Secretary of the 

United States Department of Agriculture 

(USDA) two draft final rules. The first 

final rule is entitled: ‘‘Pesticides; 

Microbial Pesticide Definitions and 

Applicability; Clarification and 

Availability of Test Guideline’’; and the 

second is entitled: ‘‘Synchronizing the 

Expiration Dates of the Pesticide 

Applicator Certificate with the 

Underlying State or Tribal Certificate 

Final Rule’’. The draft regulatory 

documents are not available to the 

public until after they have been signed 

and made available by EPA. 

ADDRESSES: EPA has established a 

docket for the corresponding proposed 

rules under docket identification (ID) 

numbers EPA–HQ–OPP–2010–0670 and 

EPA–HQ–OPP–2011–0049. All 

documents in the docket are listed in 

the docket index available in http:// 

www.regulations.gov. Although listed in 

the index, some information is not 

publicly available, e.g., Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available in the electronic 

docket at http://www.regulations.gov, 

or, if only available in hard copy, at the 

OPP Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: Rose 

Kyprianou, Field and External Affairs 

Division (7506P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: 703 305–5354; email address: 

kyprianou.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What action is EPA taking? 

Section 25(a)(2)(B) of FIFRA, 7 U.S.C. 

136w, requires EPA to provide the 

Secretary of USDA with a copy of any 

draft final rule at least 30 days before 

signing it in final form for publication 

in the Federal Register. The draft final 

rules are not available to the public 

until after they have been signed by 

EPA. If the Secretary of USDA 

comments in writing regarding the draft 

final rules within 15 days after receiving 

them, EPA shall include the comments 

of the Secretary of USDA, if requested 

by the Secretary of USDA, and EPA’s 

response to those comments with the 

final rule that publishes in the Federal 

Register. If the Secretary of USDA does 

not comment in writing within 15 days 

after receiving the draft final rules, the 

EPA Administrator may sign the final 

rules for publication in the Federal 

Register any time after the 15-day 

period. 

II. Do any statutory and Executive 

Order reviews apply to this 

notification? 

No. This document is merely a 

notification of submissions to the 

Secretary of USDA. As such, none of the 

regulatory assessment requirements 

apply to this document. 

List of Subjects in 40 CFR Parts 158 and 

171 

Environmental protection, 

Administrative practice and procedure; 

Agricultural commodities, Indian— 

lands, Intergovernmental relations, 

Pesticides and pests, Reporting and 

recordkeeping requirements. 

Dated: March 12, 2012. 

Steven Bradbury, 

Director, Office of Pesticide Programs. 

[FR Doc. 2012–6929 Filed 3–22–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 120309176–2174–01] 

RIN 0648–BB56 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Fishery off the Southern 

Atlantic States; Amendment 18A 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes regulations to 

implement Amendment 18A 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). If implemented, this rule 

would update the current rebuilding 

strategy for black sea bass, modify the 

current system of accountability 

measures for black sea bass, limit effort 

in the black sea bass segment of the 

snapper-grouper fishery, and improve 

fisheries data in the for-hire sector of the 

snapper-grouper fishery. The intent of 

this rule is to reduce overcapacity in the 

black sea bass segment of the snappergrouper fishery. 

DATES: Written comments must be 

received on or before April 23, 2012. 

ADDRESSES: You may submit comments 

on the proposed rule identified by 

‘‘NOAA–NMFS–2011–0282’’ by any of 

the following methods: 

• Electronic submissions: Submit 

electronic comments via the Federal 

e-Rulemaking Portal: http://www.

regulations.gov. Follow the instructions 

for submitting comments. 

• Mail: Kate Michie, Southeast 

Regional Office, NMFS, 263 13th 

Avenue South, St. Petersburg, FL 33701. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http://www.

regulations.gov without change. All 

Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

To submit comments through the 

Federal e-Rulemaking Portal: http://

www.regulations.gov, click on ‘‘submit a 

comment,’’ then enter ‘‘NOAA–NMFS– 

2011–0282’’ in the keyword search and 

click on ‘‘search’’. To view posted 

comments during the comment period, 

enter ‘‘NOAA–NMFS–2011–0282’’ in 

the keyword search and click on 

‘‘search’’. NMFS will accept anonymous 

comments (enter N/A in the required 

field if you wish to remain anonymous). 

You may submit attachments to 

electronic comments in Microsoft Word, 

Excel, WordPerfect, or Adobe PDF file 

formats only. 

Comments received through means 

not specified in this rule will not be 

considered. 

Electronic copies of Amendment 18A 

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, an 

Initial Regulatory Flexibility Act 

Analysis (IRFA), a Regulatory Impact 

Review, and a Fishery Impact 

Statement. 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
16992 Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Proposed Rules 

Comments regarding the burden-hour 

estimates or other aspects of the 

collection-of-information requirements 

contained in this proposed rule may be 

submitted in writing to Anik Clemens, 

Southeast Regional Office, NMFS, 263 

13th Avenue South, St. Petersburg, FL 

33701; and OMB, by email at OIRA 

Submission@omb.eop.gov, or by fax to 

202–395–7285. 

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). 

Background 

The Magnuson-Stevens Act requires 

NMFS and regional fishery management 

councils to prevent overfishing and 

achieve, on a continuing basis, the 

optimum yield (OY) for federally 

managed fish stocks. These mandates 

are intended to ensure fishery resources 

are managed for the greatest overall 

benefit to the nation, particularly with 

respect to providing food production 

and recreational opportunities, and 

protecting marine ecosystems. To 

further this goal, the Magnuson-Stevens 

Act requires fishery managers to end 

overfishing of stocks while achieving 

OY from the fishery, and to minimize 

bycatch and bycatch mortality to the 

extent practicable. 

The black sea bass segment of the 

snapper-grouper fishery in the South 

Atlantic is managed through a variety of 

measures to achieve OY. These 

measures include restrictions on the 

total harvest, recreational and 

commercial allocations, recreational and 

commercial annual catch limits (ACLs), 

and accountability measures (AMs). A 

new stock assessment for black sea bass 

was completed in October 2011, and 

indicates the stock is no longer 

overfished but is not yet fully rebuilt. As 

overfishing ends for black sea bass, and 

biomass increases, the sector specific 

ACLs are likely to be met earlier each 

fishing season as a result of the 

increased availability of the stock for 

harvest. This can increase the likelihood 

of derby-style harvesting, which is 

undesirable from economic, vessel 

safety, and social perspectives. Derbystyle harvesting, also termed ‘‘the race 

for fish,’’ consists of a short duration of 

increased effort where harvest is 

maximized prior to reaching an ACL. 

Additionally, effort shifting into the 

black sea bass segment of the snappergrouper fishery increased as more 

stringent restrictions were placed on 

other snapper-grouper species. This 

resulted in sector ACLs being reached 

relatively early in their fishing seasons. 

During the June 2009 to May 2010 

fishing year, the commercial quota was 

met in December 2009. During the June 

2010 to May 2011 fishing year, the 

commercial quota was met in October 

2010, and during the June 2011 to May 

2012 fishing year, the commercial quota 

was met in July 2011. 

Currently, the black sea bass 

rebuilding plan specifies a constant 

catch rebuilding strategy as the stock 

rebuilds, which also contributes to 

increased rates of harvest and early inseason closures as fish become more 

available through rebuilding efforts. In 

an effort to extend fishing opportunities 

for black sea bass further into the fishing 

year, and to improve fisheries data 

reporting in the for-hire sector of the 

snapper-grouper fishery, the Council 

voted to approve Amendment 18A at its 

December 2011 meeting. 

Measures Contained in This Proposed 

Rule 

This rule would modify the black sea 

bass rebuilding strategy, acceptable 

biological catch (ABC), and ACL; limit 

participation in the black sea bass pot 

segment of the snapper-grouper fishery 

through an endorsement program; 

establish an appeals process for 

fishermen excluded from the black sea 

bass pot endorsement program; limit the 

number of pot tags issued to 

participants in the black sea bass pot 

segment of the snapper-grouper fishery; 

implement measures to reduce black sea 

bass bycatch; modify AMs for black sea 

bass; establish a commercial trip limit 

for black sea bass; modify the current 

commercial and recreational size limits; 

and improve data reporting in the forhire sector of the snapper-grouper 

fishery. 

Black Sea Bass Rebuilding Strategy 

In October 2011, a new benchmark 

stock assessment (SEDAR 25) was 

completed for black sea bass. Results of 

the new stock assessment indicate that 

the stock is no longer overfished but is 

not yet rebuilt. The biomass of the stock 

is above the minimum stock size 

threshold (MSST), which is the level 

that triggers an overfished 

determination. However, stock size of 

black sea bass is below the biomass 

level at which the stock is considered to 

be rebuilt (BMSY). Furthermore, the stock 

is undergoing overfishing to a minor 

degree based on 2009 and 2010 data. 

The Council’s Scientific and 

Statistical Committee (SSC) met in 

November 2011 to review SEDAR 25. 

The SSC determined that the assessment 

represented the best scientific 

information available. 

Information provided to the SSC 

indicated the commercial ACL for 2011 

of 309,000 lb (140,200 kg), gutted 

weight; 364,620 lb (165,389 kg), round 

weight; had been exceeded by about 5 

percent, and the recreational ACL for 

2011 had been exceeded by at least 10 

percent. However, because 2 months of 

recreational data from 2011 were not 

available, the SSC supported an ABC 

which assumes 150 percent of the 

allowable catch will be met in the 2011/ 

2012 fishing year. Furthermore, the SSC 

stated that the ABC should be specified 

for only the 2012/2013 and 2013/2014 

fishing seasons. The SSC indicated that 

an assessment update should be 

conducted before any adjustments are 

made to the ACL after the 2013/2014 

fishing season. 

Based on the SSC’s recommendations, 

the Council chose, and NMFS proposes, 

to modify the current constant catch 

rebuilding strategy to a rebuilding 

strategy that holds catch constant at the 

ABC in fishing years 2012/2013 and 

2013/2014, and then changes to Frebuild

in 2014/2015. Frebuild is defined as a 

constant fishing mortality strategy that 

maintains a 66-percent probability of 

recovery rate throughout the remaining 

fishing seasons of the rebuilding 

timeframe. After the 2014/2015 fishing 

season the fishing mortality rate would 

be held constant until modified. 

Switching to a constant fishing 

mortality strategy would allow the ABC 

and ACL to increase over time. 

However, if the combined ACL is 

exceeded in a year when there is no 

assessment, the combined ACL would 

not automatically increase the following 

year. 

This rule proposes a new ACL 

definition for black sea bass. ACL = ABC 

= OY. The combined ACL would be 

847,000 lb (384,192 kg), round weight; 

718,000 lb (325,680 kg), gutted weight; 

which would be divided into sector 

ACLs based on the current allocation 

formula implemented through the final 

rule for Amendment 13C to the FMP (71 

FR 55096, September 21, 2006). The 

commercial allocation is 43 percent of 

the combined ACL and the recreational 

allocation is 57 percent of the combined 

ACL. Therefore, the commercial ACL 

would be set at 309,000 lb (140,160 kg), 

gutted weight; 364,620 lb (165,389 kg), 

round weight; and the recreational ACL 

would be set at 409,000 lb (185,520 kg), 

gutted weight; 482,620 lb (218,913 kg), 

round weight; for the 2012/2013 and 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Proposed Rules 16993 

2013/2014 fishing years. Thereafter, a 

stock assessment update would be 

completed to determine if an increase in 

the ACL is appropriate for the following 

fishing year. 

Black Sea Bass Pot Endorsement 

Program 

The Council is concerned increased 

restrictions imposed through 

Amendments 13C, 16, 17A, and 17B to 

the FMP, including a commercial quota 

for black sea bass, commercial quota for 

vermilion snapper, and seasonal closure 

for shallow-water groupers, could serve 

as an incentive for a greater number of 

fishermen with Federal snapper-grouper 

commercial permits to fish for black sea 

bass with pots. Currently, tags for black 

sea bass pots can be issued to any 

fisherman who possesses an Unlimited 

or 225-lb (102-kg) trip-limited SnapperGrouper Permit. An increase in the 

number of individuals who fish black 

sea bass pots could increase the rate at 

which the quota is met and decrease 

profits for current participants in that 

black sea bass pot segment of the 

snapper-grouper fishery. Any increase 

in participation in the black sea bass pot 

segment of the fishery could also lead to 

earlier closures of black sea bass. 

This rule includes a provision to limit 

participation in the black sea bass pot 

segment of the snapper-grouper fishery 

through the establishment of an 

endorsement program. In order to 

qualify for an endorsement, an entity 

must hold a valid South Atlantic 

Unlimited Snapper-Grouper Permit on 

the effective date of the final rule 

implementing Amendment 18A, if 

approved by the Secretary of Commerce. 

In addition to this requirement, 

qualifying permit holders must have 

averagelannuallblack sea bass 

landings of at least 2,500 lb (1,134 kg), 

round weight, using black sea bass pot 

gear between January 1, 1999 and 

December 31, 2010. Those permit 

holders with no reported commercial 

landings of black sea bass using black 

sea bass pot gear between January 1, 

2008, and December 31, 2010, would be 

excluded from the endorsement 

program. The number of South Atlantic 

Unlimited Snapper-Grouper Permit 

holders that would be expected to meet 

these criteria is 31, if Amendment 18A 

is approved by the Secretary of 

Commerce. Only those vessels 

associated with a valid endorsement 

could legally fish for black sea bass in 

the South Atlantic using black sea bass 

pot gear. 

The black sea bass fishing year begins 

June 1 and ends May 31, unless the 

quota is reached before that time. If 

approved, this action, combined with 

other management measures in this rule, 

would result in the commercial sector 

for black sea bass remaining open until 

July-September during the 2012/2013 

fishing year, and until about the same 

time during the 2013/2014 fishing year. 

Thus, limiting effort is not likely to 

result in black sea bass pot fishing 

during the right whale calving season 

(November 1 through April 30). 

If approved for implementation, the 

rule would place a 30-day freeze on 

transfers for qualifying South Atlantic 

Unlimited Snapper-Grouper Permits 

upon publication of the final rule in the 

Federal Register. This freeze on 

transfers is necessary to establish a 

stable universe of qualified permit 

holders to which black sea bass pot 

endorsements would be issued. 

Individuals who believe they were 

incorrectly excluded from the black sea 

bass pot endorsement program would be 

given the opportunity to appeal their 

landings data during a 90-day appeals 

process to begin on the effective date of 

the final rule, if approved. The Regional 

Administrator (RA) would review, 

evaluate, and render final decisions on 

appeals. Hardship arguments would not 

be considered. The RA would determine 

the outcome of appeals based on NMFS 

logbooks. If NMFS logbooks are not 

available, the RA may use state landings 

records. Appellants would be required 

to submit documentation to support 

their appeal. 

To further reduce the rate of harvest 

in the black sea bass pot segment of the 

snapper-grouper fishery, this rule also 

contains a provision to limit the number 

of black sea bass tags issued to each 

endorsement holder to 35 per vessel per 

permit year. NMFS would issue new 

trap identification tags each permit year 

that would replace the tags from the 

previous fishing year. 

Black Sea Bass Pot Bycatch Reduction 

Currently, the only restriction for 

removing black sea bass pots from the 

water is reaching the commercial quota. 

Therefore, pots are left in the water for 

multiple days, which can result in 

unintended black sea bass catch, also 

called ‘‘ghost fishing.’’ Leaving pots in 

the water for multiple days also 

increases the chance that pots can be 

lost and that vertical lines (i.e., buoy 

lines) can entangle protected species. 

The longer the pots are left in the water, 

the greater the opportunity for lost pots, 

ghost fishing, and entanglement with 

protected species. 

This rule contains a provision to 

require that all black sea bass pots be 

brought back to shore at the conclusion 

of each trip. The pots may remain on the 

vessel, but the vessel must be returned 

to a dock, berth, beach, seawall or ramp. 

Increasing harvest over time through the 

selected rebuilding strategy could result 

in longer commercial seasons. 

Reductions in the amount of time 

vertical lines remain in the water, 

especially during right whale calving 

season, from November 1–April 30, is 

likely to reduce the risk of whale 

entanglements with black sea bass pots. 

Black Sea Bass AM Modifications 

The final rule for Amendment 17B to 

the FMP implemented commercial and 

recreational AMs for black sea bass (75 

FR 82280, December 30, 2010). 

Subsequent to the implementation of 

Amendment 17B, the Council 

determined the system of AMs under 

Amendment 17B may not be the most 

appropriate way to constrain harvest at 

or below the sector ACLs. Therefore, at 

its June 2011 meeting, the Council 

requested that AMs for black sea bass be 

re-examined in Amendment 18A. 

The current recreational AMs would 

close the recreational sector only if 

black sea bass are overfished and the 

recreational ACL is projected to be met. 

This rule would modify these AMs to 

state that the recreational sector would 

close regardless of the overfished status 

of black sea bass when the recreational 

ACL is projected to be met. This rule 

would also modify the commercial 

sector AMs for black sea bass to match 

the recreational sector AMs by giving 

the RA the authority to payback 

commercial ACL overages, regardless of 

stock status, by publishing a notification 

in the Federal Register to reduce the 

commercial ACL in the following season 

by the amount of the overage. However, 

for both the recreational and 

commercial sectors, ACL paybacks are 

not required when new projections are 

adopted that incorporate ACL overages 

and the ACLs are adjusted in 

accordance with those projections. 

Additionally, the current recreational 

black sea bass AMs use a 3-year running 

average of landings to determine ACL 

overages in the recreational sector. This 

rule would remove the use of the 3-year 

running average of landings from the 

recreational AMs for black sea bass and 

base the ACL overage on a single year 

of landings only. 

Black Sea Bass Commercial Trip Limit 

The black sea bass commercial quota 

was met early in the 2009, 2010, and 

2011 fishing years. The increase in 

landings during recent fishing years 

appears to be the result of increased 

effort and increased catch per trip. 

There was also an increase in the 

number of trips that caught black sea 

bass with other gear types 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
16994 Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Proposed Rules 

(predominantly hook-and-line). In an 

effort to slow the rate of commercial 

harvest of black sea bass and extend 

fishing opportunities further into the 

fishing year, this rule would limit 

commercial harvest to 1,000 lb (454 kg), 

gutted weight; 1,180 lb (535 kg), round 

weight; per vessel per day. This action, 

combined with the proposed 

endorsement program and other 

management measures in this rule, 

should result in the commercial fishing 

season remaining open until sometime 

between July and September. 

Black Sea Bass Minimum Size Limit 

Modifications 

In order to decrease harvest of black 

sea bass in the commercial and 

recreational sectors, this rule would 

increase the recreational minimum size 

limit from 12 inches (30 cm), total 

length (TL), to 13 inches (33 cm), TL, 

and increase the commercial size limit 

from 10 inches (25 cm), TL, to 11 inches 

(28 cm), TL. NMFS expects that these 

modifications would result in a 21–23 

percent decrease in harvest in the forhire sector, a 19–20 percent decrease in 

harvest in the private recreational 

sector, and a 9.3 percent reduction in 

harvest in the commercial sector. 

Though increasing the minimum size 

limit would result in increased 

regulatory discards, bycatch mortality in 

the black sea bass segment of the 

snapper-grouper fishery is very low, and 

regulatory discards are unlikely to 

contribute to overfishing or jeopardize 

rebuilding efforts. 

Data Collection Improvements in the 

For-Hire Sector of the Snapper-Grouper 

Fishery 

Currently, charter vessels and 

headboats with a South Atlantic 

Charter/Headboat Permit for SnapperGrouper must report landings 

information, if selected to report by the 

NMFS Science and Research Director 

(SRD), and most do so via paper 

logbooks. However, charter vessels and 

headboats, who are selected to report by 

the SRD, must participate in the NMFSsponsored electronic logbook and/or 

video monitoring reporting program as 

directed by the SRD. Some charter 

vessels have been selected to report 

landings information; however, none 

have been selected to report 

electronically thus far. On the other 

hand, all headboats are currently 

reporting landings information, and 

some of these headboats are reporting 

electronically. Headboats are required to 

report on a monthly basis and charter 

vessels are required to report on a 

weekly basis. The reporting frequency 

and lag between the time paper 

logbooks are completed and mailed to 

the NMFS Southeast Fisheries Science 

Center (SEFSC), and the time SEFSC 

staff receives and processes the data, 

makes real-time/in-season fishery 

management difficult. Electronic 

logbooks have the potential to 

automatically collect information on 

date, time, location, and fishing times. 

Information (e.g. species, length, and 

disposition) of released species can be 

entered into the system at the end of a 

fishing event. If the electronic format 

prompts a fisherman to record data as 

bycatch occurs, an electronic logbook 

may provide better estimates of bycatch 

than a paper logbook. This rule would 

require vessels holding Federal South 

Atlantic Charter/Headboat Permits for 

Snapper-Grouper to report electronic 

logbook information on a weekly or 

daily basis. 

Other Measures Contained in the 

Amendment 

Overfishing Criteria for Black Sea Bass 

In addition to the provisions included 

in this rule, Amendment 18A defines 

overfishing criteria for black sea bass. 

For black sea bass, overfishing would be 

determined on an annual basis by the 

maximum fishing mortality threshold 

(MFMT) and the overfishing limit 

(OFL). The estimate of FMSY (MFMT) for 

black sea bass from the most recent 

stock assessment (SEDAR 25) is 0.698, 

while the corresponding OFL values 

increase as the stock rebuilds through 

the 2016 fishing year. If either the 

MFMT (during an assessment year) or 

the OFL method (during a nonassessment year) is exceeded, the stock 

would be considered to be undergoing 

overfishing. 

ACT for Black Sea Bass 

Amendment 18A also contains an 

action to establish an annual catch 

target (ACT) for the recreational sector 

for black sea bass. The ACT would equal 

the recreational ACL*(1–PSE) or 

recreational ACL*0.5, whichever is 

greater. The recreational ACT would be 

357,548 lb (162,180 kg) gutted weight; 

421,907 lb (191,400 kg), round weight; 

for the 2012/2013 and 2013/2014 fishing 

seasons. After that time, a stock 

assessment update would be completed 

to determine if the recreational ACT 

should be modified. The recreational 

ACT would not be associated with 

preventative or corrective management 

measures. Rather it would be used as a 

management reference point used to 

measure the efficiency of existing and 

new management measures for black sea 

bass. 

Transferability of Black Sea Bass 

Endorsements 

Amendment 18A contains an action 

to allow for the transfer of black sea bass 

endorsements. However, NMFS is 

unable to propose implementing this 

action at this time. The document 

identifies the wrong preferred 

alternative selected for this action, and 

there are discrepancies in the record 

regarding the Council’s discussion of 

the alternatives and the text describing 

and analyzing this alternative in 

Amendment 18A. The decision not to 

propose implementation of the 

transferability action was made to 

reduce public confusion and to provide 

the Council the opportunity to clarify its 

intent. The Council may decide how to 

proceed with transfers of black sea bass 

endorsements in a future action. 

Other Changes to Codified Text 

This rule also proposes to revise 

codified text in § 622.4, regarding the 

naming of rock shrimp permits, which 

was inadvertently not revised in a 

previous final rule. The final rule for 

South Atlantic Shrimp Amendment 7 

(74 FR 50699, October 1, 2009) 

implemented two permits for South 

Atlantic rock shrimp, namely a 

Commercial Vessel Permit for Rock 

Shrimp (Carolinas Zone) and a 

Commercial Vessel Permit for Rock 

Shrimp (South Atlantic EEZ). These two 

permits replaced the commercial vessel 

permit for rock shrimp and the limited 

access endorsement for South Atlantic 

rock shrimp. However, references to a 

‘‘commercial vessel permit for rock 

shrimp’’ occur twice in the regulations, 

namely, in § 622.4(a)(5)(i)(A) and (g)(1). 

This rule revises those paragraphs with 

the updated permit language. 

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 FMP, Amendment 18A, other 

provisions of the 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. 

NMFS prepared an IRFA, as required 

by section 603 of the Regulatory 

Flexibility Act, 5 U.S.C. 603, for this 

rule. The IRFA describes the economic 

impact that this proposed rule, if 

adopted, would have on small entities. 

A description of the proposed rule, why 

it is being considered, and the objectives 

of, and legal basis for the rule are 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Proposed Rules 16995 

contained at the beginning of this 

section in the preamble and in the 

SUMMARY section of the preamble. A 

copy of the full analysis is available 

from the NMFS (see ADDRESSES). A 

summary of the IRFA follows. 

The proposed rule would modify the 

black sea bass rebuilding strategy, ABC, 

and ACL; limit participation in the 

black sea bass pot segment of the 

snapper-grouper fishery through an 

endorsement program; establish an 

appeals process for fishermen excluded 

from the black sea bass pot endorsement 

program; limit the number of pot tags 

issued to participants in the black sea 

bass pot segment of the snapper-grouper 

fishery; implement measures to reduce 

black sea bass bycatch; modify AMs for 

black sea bass; establish a commercial 

trip limit for black sea bass; modify the 

current commercial and recreational 

size limits; and improve data reporting 

in the for-hire sector of the snappergrouper fishery. 

The Magnuson-Stevens Act provides 

the statutory basis for this rule. 

No duplicative, overlapping, or 

conflicting Federal rules have been 

identified. 

The proposed rule would introduce 

certain changes to current reporting, 

record-keeping, and other compliance 

requirements. In particular, a sample of 

the 1,985 vessels with for-hire snappergrouper permits would be required to 

electronically report their harvest. To 

the extent that all headboats are 

currently subject to logbook reporting, 

the incremental professional skill 

needed under the new requirement 

would be relatively small. The 

incremental professional skill required 

of charterboats would be relatively 

higher since only a few selected by the 

SRD are required to submit trip 

information. About 10 percent of charter 

captains are now currently contacted on 

a weekly basis to collect trip level 

information. 

NMFS expects the proposed rule to 

directly affect commercial fishers and 

for-hire operators. The Small Business 

Administration established size criteria 

for all major industry sectors in the U.S. 

including fish harvesters and for-hire 

operations. A business involved in fish 

harvesting is classified as a small 

business if independently owned and 

operated, is not dominant in its field of 

operation (including its affiliates), and 

its combined annual receipts are not in 

excess of $4.0 million (NAICS code 

114111, finfish fishing) for all of its 

affiliated operations worldwide. For forhire vessels, other qualifiers apply and 

the annual receipts threshold is $7.0 

million (NAICS code 713990, 

recreational industries). 

From 2005–2010, an annual average 

of 247 vessels with valid permits to 

operate in the commercial snappergrouper fishery landed black sea bass, 

generating dockside revenues of 

approximately $1.103 million (2010 

dollars). Each vessel, therefore, 

generated an average of approximately 

$4,465 in gross revenues from black sea 

bass. Vessels that operate in the black 

sea bass segment of the snapper-grouper 

fishery may also operate in other 

snapper-grouper fisheries, the revenues 

of which are not reflected in these 

totals. 

Based on revenue information, all 

commercial vessels affected by the 

proposed action can be considered 

small entities. 

From 2005–2010, an annual average 

of 1,985 vessels had valid permits to 

operate in the snapper-grouper for-hire 

fishery, of which 85 are estimated to 

have operated as headboats. The for-hire 

fleet consists of charterboats, which 

charge a fee on a vessel basis, and 

headboats, which charge a fee on an 

individual angler (head) basis. The 

charterboat annual average gross 

revenue (2010 dollars) is estimated to 

range from approximately $62,000– 

$84,000 for Florida vessels, $73,000– 

$89,000 for North Carolina vessels, 

$68,000–$83,000 for Georgia vessels, 

and $32,000–$39,000 for South Carolina 

vessels. For headboats, the 

corresponding estimates are $170,000– 

$362,000 for Florida vessels, and 

$149,000–$317,000 for vessels in the 

other states. 

Based on these average revenue 

figures, all for-hire operations that 

would be affected by the proposed 

action can be considered small entities. 

Some fleet activity, i.e., multiple 

vessels owned by a single entity, may 

exist in both the commercial and forhire snapper-grouper sectors to an 

unknown extent, and NMFS treats all 

vessels as independent entities in this 

analysis. 

NMFS expects the proposed rule to 

directly affect all federally permitted 

commercial vessels harvesting black sea 

bass and for-hire vessels that operate in 

the South Atlantic snapper-grouper 

fishery. All directly affected entities 

have been determined, for the purpose 

of this analysis, to be small entities. 

Therefore, NMFS determines that the 

proposed action would affect a 

substantial number of small entities. 

NMFS considers all entities expected 

to be affected by the proposed rule as 

small entities, so the issue of 

disproportional effects on small versus 

large entities does not arise in the 

present case. 

Modifying the rebuilding strategy and 

setting the ABC for black sea bass would 

retain the current economic status of 

small entities for the next 2 years of the 

rebuilding period. Thereafter, profits to 

small entities may increase with a shift 

from a constant catch strategy to a 

constant fishing mortality strategy that 

would allow the ABC to increase over 

time as long as the combined ACL 

(commercial and recreational) is not 

exceeded in the previous year. 

Setting the ACL, ABC, and OY equal 

to one another would provide an 

economic environment that would 

allow small entities to maintain or 

increase their profits by way of 

maximizing their use of the black sea 

bass resource. 

Establishing a black sea bass pot 

endorsement program would likely 

result in profit increases to those who 

would qualify and profit decreases to 

those who would not. Out of the 50 to 

60 individuals that currently fish for 

black sea bass using pots, approximately 

31 would qualify for the endorsement. 

Although those who would not qualify 

could still fish for black sea bass using 

other gear types, their harvest 

performance could suffer. Because a 

limited number of individuals could 

fish for black sea bass using pots under 

the endorsement program, the fishing 

season for the commercial sector would 

likely remain open longer than it has in 

the last few years. This could result in 

overall industry profits to increase or at 

least not deteriorate as it would without 

the endorsement program. 

Establishing an appeals process for 

fishermen initially excluded from the 

black sea bass pot endorsement program 

would provide opportunities for those 

qualified to receive their endorsement. 

Given the narrow basis for appeals, only 

a limited number of appeals would 

likely be successful. 

Limiting the number of pots per 

vessel would likely decrease the shortrun profits of small entities. The 

proposed maximum number of 35 pots 

allowed per vessel is much lower than 

the current average of 45 pots per vessel 

fished, and would affect about 48 

percent of the trips. Vessels would 

generate lower revenues per trip or 

higher overall fishing costs to maintain 

the same overall revenues. To the 

extent, however, that the endorsement 

program would limit the number of 

participants in the black sea bass pot 

segment of the snapper-grouper fishery, 

the overall industry profits may not 

substantially decrease as a result of the 

restrictions on the number of pot tags 

per vessel. 

Requiring that black sea bass pots be 

brought back to shore at the conclusion 


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of each trip as a means to reduce 

bycatch may restrict the fishing 

operations of some vessels. Its effects on 

profits are relatively unknown, but 

NMFS notes that in approximately 65 

percent of trips, pots are brought back 

to shore. If vessels undertake longer 

trips to allow their pots to fish longer, 

costs could rise because no restriction 

exists on the length of each trip. If this 

practice mainly results in maintaining 

the same revenues per trip, vessel 

profits could decrease. If, however, this 

requirement could effectively result in 

less ghost fishing and less interaction 

with protected species, future 

restrictions imposed on the fishery may 

also lessen, such that long-term profits 

of small entities would remain 

sustainable. 

The recreational AMs, consisting of 

the in-season harvest and possession 

restriction if the recreational ACL is met 

or projected to be met and the postseason reduction in the sector’s ACL if 

the recreational ACL is exceeded in the 

current year, would likely reduce the 

short-term profits of for-hire vessels. 

Similarly, the commercial AMs 

consisting of the in-season prohibition 

on the purchase and sale of black sea 

bass and the post-season reduction in 

the sector’s ACL, would likely result in 

profit reductions to the commercial 

vessels. To the extent that this provision 

allows the rebuilding target to be 

reached within the rebuilding period, 

long-term profits to for-hire and 

commercial fishing operations would 

increase. In addition, the projected 

increases in the aggregate (commercial 

and recreational) ACL under the 

rebuilding strategy, as long as the prior 

year’s combined ACL remains 

unexceeded, would tend to negate some 

or all of the adverse profit effects of the 

post-season AM applied on either the 

commercial or recreational sector. If 

either sector, but not both, exceeds its 

ACL in the current year, a post-season 

AM would apply to that sector. The 

combined commercial and recreational 

ACL, and therefore the sector ACLs, 

would still increase so long as the 

combined ACL remains unexceeded in 

the prior year. 

Establishing a commercial vessel trip 

limit of 1,000 lb (454 kg), gutted weight; 

1,180 lb (535 kg), whole weight; would 

tend to adversely affect the catch and 

revenue per trip of vessels that generally 

land over this limit. Based on the 2010– 

2011 fishing season data, this alternative 

would adversely affect approximately 

8.4 percent of trips accounting for a total 

of about 83,000 lb (37,648 kg), valued at 

about $203,000. NMFS notes, though, 

that this trip limit could lengthen the 

fishing season, allowing opportunities 

for some vessels to recoup some of their 

revenue losses for the year. At any rate, 

NMFS expects that some of these 

revenue reductions would filter into the 

bottom line of some vessels and 

potentially the bottom line of the entire 

industry. The actual extent of industry 

profit reduction cannot be estimated 

based on available information. 

Increasing the recreational minimum 

size limit from 12 inches (30 cm), TL, 

to 13 inches (33 cm), TL, will 

potentially reduce the black sea bass 

harvests of headboats in the range of 

20.9 percent to 22.6 percent and black 

sea bass harvests of other fishing modes 

from 18.8 percent to 20.3 percent. These 

harvest reductions could lead to trip 

cancellations as the quality of fishing 

experience would decrease; on the other 

hand, these harvest reductions could 

happen only early in the fishing season 

but be recouped through additional trips 

with a lengthened season. The actual 

effects on for-hire vessel profits depend 

on whether there would be trip 

cancellations, which is uncertain based 

on available information. 

Increasing the commercial size limit 

from 10 inches (25 cm), TL, to 11 inches 

(28 cm), TL, will potentially reduce the 

black sea bass harvests of commercial 

vessels by slightly over 9 percent. 

Actual reductions in harvest would 

partly depend on whether vessels take 

additional or longer trips to recoup 

potential harvest losses. Although 

additional or longer trips would 

maintain total revenues, either by 

maintaining the same harvest or by 

generating more revenue per fish since 

a bigger black sea bass generally 

commands a higher price, costs would 

also increase. The net effects on per 

vessel and industry profits cannot be 

determined with available information. 

Requiring selected for-hire vessels to 

report electronically would affect some 

of the 1,985 vessels with for-hire 

snapper-grouper permits. This 

requirement would add costs to these 

vessels’ operations. The incremental 

costs to selected headboats would not 

likely be as much as for charterboats 

because headboats are currently subject 

to logbook reporting. The incremental 

cost to selected charterboats would be 

higher as they are not currently subject 

to logbook reporting although NMFS 

now routinely contacts some charter 

captains to collect trip level 

information. The resulting effects to forhire vessel profits are indeterminable. 

Amendment 18A contains other 

provisions that could eventually have 

effects on the operations of small 

entities. First, as part of modifying the 

rebuilding strategy, overfishing for black 

sea bass will be determined on an 

annual basis using MFMT and OFL. 

This provision alone would not affect 

the profits of small entities. Second, an 

ACT for the recreational sector would 

account for management uncertainty in 

the recreational sector, related in part to 

the timely accounting of this sector’s 

harvests. Currently, this ACT does not 

trigger application of AMs, so short-term 

profits to small entities would remain 

unaffected. If the Council decides in the 

future to use the ACT as the trigger for 

application of AMs, profits to small 

entities may be adversely affected. 

However, because this measure is 

designed to help ensure that the 

rebuilding strategy stays on track, longterm profitability would be sustainable. 

In summary, the proposed rule would 

have both negative and positive effects 

on the profits of small entities, but its 

net effects on industry profits are 

indeterminable, as is a determination 

whether this rule would have a 

significant impact on the profits of small 

entities. Therefore, NMFS encourages 

commenters to provide input regarding 

the magnitude of effects on the profits 

of small entities. 

Five alternatives, including the 

preferred alternative, were considered 

for modifying the rebuilding strategy 

and ABC. The first alternative, the no 

action alternative, would maintain the 

constant catch rebuilding strategy and 

current ABC throughout the rebuilding 

timeframe. This alternative would 

provide for a lower ABC over time, 

implying lower economic benefits than 

the preferred alternative. The second 

alternative would establish a new 

constant catch rebuilding strategy with 

a higher (than current) ABC throughout 

the remaining years of the rebuilding 

timeframe. Relative to the preferred 

alternative, the second alternative 

would provide for a higher ABC for 2 

years but a lower ABC thereafter. The 

sum of economic benefits over the 

rebuilding timeframe under this 

alternative would be lower than that of 

the preferred alternative, primarily 

because the sum of annual ABCs under 

this alternative would be lower. In 

addition, a constant catch strategy, in 

general, would likely lead to the ACL 

being met sooner as the fish stock 

rebuilds, resulting in applications of inseason and post-season AMs. The third 

alternative, with two sub-alternatives, 

would establish a constant fishing 

mortality rebuilding strategy throughout 

the remaining years of the rebuilding 

timeframe. Under the first subalternative, the fishing mortality rate 

would be 75 percent of the fishing 

mortality at MSY (75-percent FMSY), and 

under the second sub-alternative, the 

fishing mortality rate that would rebuild 


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the stock by 2016 (FREBUILD by 2016). 

These two sub-alternatives would 

provide for lower ABCs than the 

preferred alternative, and thus, lower 

economic benefits over time. The fourth 

alternative would maintain the current 

constant catch strategy and ABC for the 

next 2 years of the rebuilding timeframe 

and switch to a constant fishing 

mortality strategy at FREBUILD

throughout the remainder of the 

rebuilding timeframe. This alternative 

would provide for the same ABC as the 

preferred alternative, but relates to a 

lower probability of rebuilding the stock 

to biomass at MSY. 

Four alternatives, including the 

preferred alternative, were considered 

for modifying the ACL for black sea 

bass. The first alternative, the no action 

alternative, would maintain the existing 

ACL equal to ABC and OY equal to 75 

percent of the fishing mortality at MSY. 

This alternative is more restrictive in 

setting OY as the underlying goal of 

managing the black sea bass stock. The 

second alternative would set the ACL 

equal to 90 percent of the ABC and the 

latter equal to OY. The third alternative 

would set the ACL equal to 80 percent 

of the ABC and the latter equal to OY. 

These other alternatives would provide 

for a lower ACL than the preferred 

alternative, and thus lower economic 

benefits as well. 

Three alternatives, including the 

preferred alternative, were considered 

for establishing an endorsement 

program for the black sea bass pot 

segment of the snapper-grouper fishery. 

The first alternative, the no action 

alternative, would not establish an 

endorsement program. This alternative 

would continue to allow anyone with an 

Unlimited or 225-lb Limited SnapperGrouper Permit to engage in the black 

sea bass pot segment of the snappergrouper fishery. This would increase the 

likelihood of the derby-style fishing 

conditions, potentially dampening 

industry profitability. The second 

alternative includes seven subalternatives, of which one is the 

preferred sub-alternative that would set 

the minimum landings at 2,500 lb (1,134 

kg), round weight, for eligibility in the 

endorsement program. The first subalternative would set the minimum 

landings at 500 lb (227 kg), round 

weight; the second sub-alternative, at 

1,000 lb (454 kg), round weight; the 

third sub-alternative, at 2,000 lb (907 

kg), round weight; the fourth, at 3,500 

lb (1,588 kg), round weight; the fifth, at 

5,000 lb (2,268 kg), round weight; and, 

the sixth, at 10,000 lb (4,536 kg), round 

weight. These sub-alternatives would 

allow varying numbers of individuals/ 

entities to qualify for the endorsement: 

higher landings requirements would 

result in fewer qualifiers. The Council’s 

choice of preferred alternative was 

based on the assessment that about 30 

individuals/entities can be profitably 

sustained by the black sea bass pot 

segment of the snapper-grouper fishery. 

In this case, sub-alternatives requiring 

less than 2,500 lb (1,134 kg), round 

weight, of landings for endorsement 

eligibility would likely result in 

unsustainable profits. On the other end, 

sub-alternatives requiring higher than 

2,500 lb (1,134 kg), round weight, of 

landings would severely restrict 

participation in the fishery although 

industry profitability would be more 

sustainable. In addition, a highly 

restrictive endorsement qualification 

criterion, such as 10,000 lb (4,536 kg), 

round weight, would tend to eliminate 

small scale operations that have 

historically characterized the black sea 

bass pot segment of the snapper-grouper 

fishery. The third alternative, with two 

sub-alternatives, would require that no 

South Atlantic state shall have fewer 

than two entities qualifying for the 

endorsement. The first sub-alternative 

would set a minimum landings 

requirement of 1,000 lb (454 kg), round 

weight, and the second, 2,000 lb (907 

kg), round weight. This alternative, with 

the sub-alternatives, was intended to 

allow participation by all South Atlantic 

states in the endorsement program. 

Since the minimum number of 

qualifiers from each state would be the 

same under this alternative and the 

preferred alternative, the Council 

deemed this third alternative 

unnecessary. 

Three alternatives, including the 

preferred alternative, were considered 

for establishing an appeals process for 

fishermen initially excluded from the 

endorsement program. The first 

alternative, the no action alternative, 

would not establish an appeals process. 

This alternative has the potential to 

unduly penalize participants if they 

were incorrectly excluded from the 

endorsement program. The second 

alternative is the same as the preferred 

alternative, except that it would 

establish a special board, composed of 

state directors and designees, that 

would review, evaluate, and make 

individual recommendations to the RA. 

This alternative would mainly introduce 

an additional administrative burden that 

may not improve the appeals process, 

considering that the only issues subject 

to appeal are eligibility and landings. 

Five alternatives, including the 

preferred alternative, were considered 

for limiting effort in the black sea bass 

pot segment of the snapper-grouper 

fishery. The first alternative, the no 

action alternative, would not limit the 

number of black sea bass pots deployed 

or pot tags issued to holders of snappergrouper commercial permits. Among the 

alternatives, this is potentially the best 

alternative for efficient operations in the 

black sea bass pot segment of the 

snapper-grouper fishery. But with no 

limit on the number of pots, a high 

likelihood arises that many pots (left in 

the water for a longer time due, for 

example, to vessel or weather problems) 

may be lost and ‘‘ghost fish’’ for black 

sea bass or other species. In addition, 

many pots would employ many vertical 

lines that would increase the probability 

of interaction with certain protected 

species. Such occurrences are likely to 

hinder the rebuilding of black sea bass 

or other species and to require the 

implementation of more restrictive 

measures that would impinge on the 

profits of commercial vessels. The 

second alternative would limit black sea 

bass pot tags to 100 per vessel per year; 

the second alternative, to 50 per vessel 

per year; and, the third alternative, to 25 

per vessel per year. These other 

alternatives differ from the preferred 

alternative only in the maximum 

number of pots deployed or pot tags 

issued per vessel, with the higher 

numbers providing better opportunities 

for higher profits per vessel trip. But as 

noted above, the higher number of pots, 

the higher would be the probability of 

ghost fishing and interaction with 

protected species. 

Three alternatives, including the 

preferred alternative, were considered 

for reducing bycatch in black sea bass 

pots. The first alternative, the no action 

alternative, would not implement 

additional measures for when pots must 

be removed from the water. This 

alternative would not help in reducing 

bycatch in the black sea bass pot 

segment of the snapper-grouper fishery. 

The second alternative would allow 

fishermen to leave pots in the water for 

no more than 72 hours. This alternative 

would have about the same effects as 

the preferred alternative on pot fishing 

operations, because most fishing trips 

for black sea bass using pots last for less 

than 3 days. However, it would present 

a higher probability for ghost fishing 

because pots may be left in the water on 

short vessel trips or not retrieved during 

inclement weather. 

Three alternatives, including the 

preferred alternative, were considered 

for modifying the AMs for black sea 

bass. The first alternative, the no action 

alternative, would maintain the current 

commercial and recreational AMs. The 

Council deemed this alternative to be 

relatively deficient in constraining 

harvest at or below the sector ACLs. The 


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second alternative is similar to the 

preferred alternative for the recreational 

sector, except that it would trigger inseason AMs only if the black sea bass 

stock is overfished. This alternative 

could lead to larger post-season 

adjustment of the recreational ACL and 

thus larger adverse effects on for-hire 

profits, particularly if the aggregate ACL 

is exceeded, in order to keep the 

rebuilding trajectory on track. Moreover, 

if overages in the recreational harvest 

lead to exceeding the aggregate ACL, the 

aggregate ACL would not automatically 

increase the following year so that both 

the commercial and recreational sectors 

would be adversely affected. 

Nine alternatives, including the 

preferred alternative, were considered 

for establishing a commercial trip limit. 

The first alternative, the no action 

alternative, would not establish a 

commercial trip limit. In principle, this 

alternative would likely provide the 

most short-term profitability among 

commercial vessels on a per trip basis, 

because commercial vessel operations 

would remain unaffected. However, this 

alternative could possibly lead to lower 

industry profitability as a result of a 

shortened fishing season that would 

occur without effectively controlling the 

harvest rate. The second alternative 

would establish a trip limit of 500 lb 

(227 kg), gutted weight; the third 

alternative, 750 lb (340 kg), gutted 

weight; the fourth alternative, 1,250 lb 

(567 kg), gutted weight; the fifth 

alternative, 1,000 lb (454 kg), gutted 

weight, and reduced to 500 lb (227 kg), 

gutted weight, when 75 percent of the 

commercial ACL is met; the sixth 

alternative, 2,000 lb (907 kg), gutted 

weight; the seventh, 2,500 lb (1,134 kg), 

gutted weight; and, the eighth 

alternative, 250 lb (113 kg), gutted 

weight. NMFS expects that trip limits 

lower than the preferred alternative of 

1,000 lb (454 kg), gutted weight, would 

lead to larger adverse effects on per trip 

profitability; the opposite would occur 

with higher trip limits. Based on the 

Council’s assessment, the preferred 

alternative would provide the best 

balance between per trip losses in 

profits and higher industry profits from 

a longer fishing season. 

Three alternatives, including two 

preferred alternatives, were considered 

for modifying the commercial and 

recreational minimum size limit. The 

first alternative, the no action 

alternative, would not change the 

commercial or recreational size limit. In 

principle, this alternative would 

provide the best economic environment 

for both the commercial and 

recreational sectors, because their 

operations would remain relatively 

unaffected. However, this alternative 

would not help in constraining the rate 

of harvest which has been increasing in 

recent years, leading to early closures of 

both the commercial and recreational 

sectors of the black sea bass segment of 

the snapper-grouper fishery. The second 

alternative includes three subalternatives, one of which is the 

preferred sub-alternative. The second 

sub-alternative would increase the 

commercial size limit from 10 inches 

(25 cm), TL, to 12 inches (30 cm), TL. 

This sub-alternative would lead to 

relatively larger adverse effects on the 

profits of commercial vessels but would 

also tend to allow a longer fishing 

season. However, the Council 

concluded that this sub-alternative 

would not provide the best balance 

between short-term profit reductions 

and profit increases from a longer 

season. The third sub-alternative would 

increase the commercial size limit from 

10 inches (25 cm), TL, to 11 inches (28 

cm), TL, in the first year and to 12 

inches (30 cm), TL, thereafter. This subalternative would eventually lead to 

larger adverse effects on the profits of 

commercial vessels but would also tend 

to allow a longer fishing season. 

However, the Council concluded that 

this sub-alternative would not provide 

the best balance between short-term 

profit reductions and profit increases 

from a longer season. 

Four alternatives, including the 

preferred alternative, were considered 

for improving for-hire data reporting. 

The first alternative (the no action 

alternative) would retain the existing 

data reporting systems for the for-hire 

sector. However, the Council deemed 

modifications to existing recreational 

data collection necessary to the extent 

that they would not be too burdensome 

on for-hire vessel operations. The 

second alternative would require vessels 

operating with a Federal for-hire permit 

to maintain a logbook for discard 

characteristics (e.g., size and reason for 

discarding), if selected. This alternative 

would provide better information 

regarding discards, but would increase 

costs for for-hire vessel operations. The 

third alternative would require that forhire landings and catch/effort data are 

submitted in accordance with the 

Atlantic States Cooperative Statistics 

Program (ACCSP) standards, using the 

South Atlantic Fisheries Information 

System (SAFIS). Although this 

alternative has the potential to improve 

recreational data collection, it would be 

costly to for-hire vessels. Therefore, the 

Council decided to wait until the new 

Marine Recreational Information 

Program (MRIP) has been in place for 

some time to determine whether it 

would be sufficient for reporting for-hire 

landings data. 

Four alternatives, including the 

preferred alternative, were considered 

for setting the recreational ACT. The 

first alternative, the no action 

alternative, would not set a recreational 

ACT, and thus, would not meet the 

mentioned objective. The second 

alternative would set the recreational 

ACT equal to 85 percent of the 

recreational ACL. The third alternative 

would set the recreational ACT equal to 

75 percent of the recreational ACL. 

NMFS estimates that these two 

alternatives would result in lower ACTs 

than the preferred alternative, so that if 

an ACT triggers management actions, 

these two alternatives would result in 

larger adverse effects on the profits of 

for-hire vessels. 

In Amendment 18A, the Council 

considered several actions for which the 

no-action alternative was the preferred 

alternative. 

Three alternatives, including the 

preferred alternative (no action 

alternative), were considered for setting 

the commercial ACT. The first 

alternative would set the commercial 

ACT equal to 90 percent of the 

commercial ACL. The second 

alternative would set the commercial 

ACT equal to 80 percent of the 

commercial ACL. Because NMFS 

closely tracks the commercial landings 

in-season through a quota monitoring 

system, the Council deemed the need to 

provide for a commercial ACT as a 

monitoring tool unnecessary. 

Five alternatives, including the 

preferred alternative (no action 

alternative), were considered for 

implementing a spawning season 

closure. The first alternative would 

implement a March 1–April 30 

spawning season closure; the second 

alternative, an April 1–May 31 

spawning season closure; the third 

alternative, a March 1–May 31 spawning 

season closure; and, the fourth 

alternative, a May 1–May 31 spawning 

season closure. These alternatives 

would result in short-term profit 

reductions to commercial and for-hire 

vessels. Black sea bass do not form large 

spawning aggregations and the peak 

spawning period occurs at different 

times of the year across the South 

Atlantic. Therefore, short-term profit 

reductions could persist in the future as 

the benefits from a spawning season 

closure are not well established. 

Four alternatives, including the 

preferred alternative (no action 

alternative), were considered for 

improving commercial data reporting. 

The first alternative would require all 


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vessels with Federal snapper-grouper 

commercial permits to have an 

electronic logbook tied to the vessel’s 

Global Position System onboard the 

vessel. The second alternative would 

provide the option for fishermen to 

submit their logbook entries 

electronically via an electronic version 

of the logbook made available online. 

The third alternative would require 

submission of commercial landings and 

catch and effort data in accordance with 

the ACCSP standards, using the SAFIS. 

These alternatives would introduce 

additional cost to commercial fishing 

operations. The Council decided to 

address this issue in the future through 

a comprehensive amendment for 

improving data collection. 

Notwithstanding any other provision 

of law, no person is required to respond 

to, nor shall a person be subject to a 

penalty for failure to comply with, a 

collection-of-information subject to the 

requirements of the Paperwork 

Reduction Act (PRA), unless that 

collection-of-information displays a 

currently valid Office of Management 

and Budget (OMB) control number. 

This proposed rule contains 

collection-of-information requirements 

subject to the PRA. NMFS estimates the 

requirement for the for-hire sector of the 

snapper-grouper fishery to submit 

logbook information electronically, if 

selected to do so, to average 30 minutes 

per electronic logbook installation and 1 

minute per weekly download of the 

weekly logbook information. NMFS 

estimates the requirement for South 

Atlantic Unlimited Snapper-Grouper 

Permit holders to submit their logbook 

information if they are appealing their 

landings data for a black sea bass pot 

endorsement to average 2 hours per 

response. NMFS estimates the 

requirement to check boxes on the 

Federal Permit Application Form for a 

new endorsement or renewal of the 

black sea bass pot endorsement to 

average 1 minute per response. Finally, 

NMFS estimates the requirement to 

check boxes on the Federal Permit 

Application Form for black sea bass pot 

tags (Floy tags) for the endorsement 

program to average 1 minute per 

response. These estimates of the public 

reporting burden include the time for 

reviewing instructions, gathering and 

maintaining the data needed, and 

completing and reviewing the 

collection-of-information. 

These requirements have been 

submitted to OMB for approval. NMFS 

seeks public comment regarding: 

Whether this proposed collection-ofinformation is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

the accuracy of the burden estimate; 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and ways to minimize the 

burden of the collection-of-information, 

including through the use of automated 

collection techniques or other forms of 

information technology. Send comments 

regarding the burden estimate or any 

other aspect of the collection-ofinformation requirement, including 

suggestions for reducing the burden, to 

NMFS and to OMB (see ADDRESSES). 

List of Subjects in 50 CFR Part 622 

Fisheries, Fishing, Puerto Rico, 

Reporting and recordkeeping 

requirements, Virgin Islands. 

Dated: March 20, 2012. 

Samuel D. Rauch III, 

Acting Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 622 is proposed 

to be amended as follows: 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF, AND SOUTH 

ATLANTIC 

1. The authority citation for part 622 

continues to read as follows: 

Authority: 16 U.S.C. 1801 et seq. 

2. In § 622.4, paragraph (a)(2)(xv) is 

added and paragraph (a)(5)(i)(A) is 

revised to read as follows: 

§ 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 

must be on board. A permit or 

endorsement that has expired is not 

valid. NMFS will renew this 

endorsement automatically when 

renewing the commercial vessel permit 

for South Atlantic snapper-grouper 

unlimited associated with the vessel. 

The RA will not reissue this 

endorsement if the endorsement or the 

commercial vessel permit for South 

Atlantic snapper-grouper unlimited is 

revoked or if the RA does not receive a 

complete application for renewal of the 

commercial vessel permit for South 

Atlantic snapper-grouper unlimited 

within 1 year after the permit’s 

expiration date. 

(A) Initial eligibility. To be eligible for 

an initial South Atlantic black sea bass 

pot endorsement, a person must have 

been issued and must possess a valid or 

renewable commercial vessel permit for 

South Atlantic snapper-grouper that has 

black sea bass landings using black sea 

bass pot gear averaging at least 2,500 lb 

(1,134 kg), round weight, annually 

during the period January 1, 1999 

through December 31, 2010. Excluded 

from this eligibility, are trip-limited 

permits (South Atlantic snapper-grouper 

permits that have a 225-lb (102.1-kg) 

limit of snapper-grouper) and valid or 

renewable commercial vessel permits 

for South Atlantic snapper-grouper 

unlimited that have no reported 

landings of black sea bass using black 

sea bass pots from January 1, 2008, 

through December 31, 2010. NMFS will 

attribute all applicable black sea bass 

landings associated with a current 

snapper-grouper permit for the 

applicable landings history, including 

those reported by a person(s) who held 

the permit prior to the current permit 

owner, to the current permit owner. 

Only legal landings reported in 

compliance with applicable state and 

Federal regulations are acceptable. 

(B) Initial issuance. On or about 

[insert date of publication of final rule 

in the Federal Register], the RA will 

mail each eligible permittee a black sea 

bass pot endorsement via certified mail, 

return receipt requested, to the 

permittee’s address of record as listed in 

NMFS’ permit files. An eligible 

permittee who does not receive an 

endorsement from the RA, must contact 

the RA no later than [insert date 30 days 

after date of publication of final rule in 

the Federal Register], to clarify his/her 

endorsement status. A permittee denied 

an endorsement based on the RA’s 

initial determination of eligibility and 

who disagrees with that determination 

may appeal to the RA. 

(C) Procedure for appealing black sea 

bass pot endorsement eligibility and/or 

landings information. The only items 

subject to appeal are initial eligibility 

for a black sea bass pot endorsement 

based on ownership of a qualifying 

snapper-grouper permit, the accuracy of 

the amount of landings, and correct 

assignment of landings to the permittee. 

Appeals based on hardship factors will 

not be considered. Appeals must be 

submitted to the RA postmarked no later 

than [insert date 120 days after date of 

publication of final rule in the Federal 

Register], and must contain 

documentation supporting the basis for 

the appeal. The RA will review all 

appeals, render final decisions on the 

appeals, and advise the appellant of the 

final NMFS decision. 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
17000 Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Proposed Rules 

(1) Eligibility appeals. NMFS’ records 

of snapper-grouper permits are the sole 

basis for determining ownership of such 

permits. A person who believes he/she 

meets the permit eligibility criteria 

based on ownership of a vessel under a 

different name, for example, as a result 

of ownership changes from individual 

to corporate or vice versa, must 

document his/her continuity of 

ownership. 

(2) Landings appeals. Determinations 

of appeals regarding landings data for 

1999 through 2010 will be based on 

NMFS’ logbook records. If NMFS’ 

logbooks are not available, the RA may 

use state landings records or data for the 

period 1999 through 2010 that were 

submitted in compliance with 

applicable Federal and state regulations 

on or before December 31, 2011. 

(D) Fees. No fee applies to initial 

issuance of a black sea bass pot 

endorsement. NMFS charges a fee for 

each renewal or replacement of such 

endorsement and calculates the amount 

of each fee in accordance with the 

procedures of the NOAA Finance 

Handbook for determining the 

administrative costs of each special 

product or service. The fee may not 

exceed such costs and is specified with 

each application form. The handbook is 

available from the RA. The appropriate 

fee must accompany each application 

for renewal or replacement. 

* * * * * 

(5) * * * 

(i) * * * 

(A) An operator of a vessel that has or 

is required to have a Commercial Vessel 

Permit for Rock Shrimp (Carolinas 

Zone) or a Commercial Vessel Permit for 

Rock Shrimp (South Atlantic EEZ). 

* * * * * 

3. In § 622.5, a sentence is added 

between the first and second sentences 

in paragraphs (b)(2)(i) and (b)(2)(ii) to 

read as follows: 

§ 622.5 Recordkeeping and reporting. 

* * * * * 

(b) * * * 

(2) * * * 

(i) * * * Completed fishing records 

required by paragraph (b)(1)(ii) of this 

section for charter vessels may be 

required weekly or daily, as directed by 

the SRD. * * * 

(ii) * * * Completed fishing records 

required by paragraph (b)(1)(ii) of this 

section for headboats may be required 

weekly or daily, as directed by the SRD. 

* * * 

* * * * * 

4. In § 622.37, paragraph (e)(3)(i) is 

revised to read as follows: 

§ 622.37 Size limits. 

* * * * * 

(e) * * * 

(3) * * * 

(i) Black seas bass. (A) For a fish 

taken by a person subject to the bag 

limit specified in § 622.39(d)(1)(vii)—13 

inches (33 cm), TL. 

(B) For a fish taken by a person not 

subject to the bag limit specified in 

§ 622.39(d)(1)(vii)—11 inches (28 cm), 

TL. 

* * * * * 

5. In § 622.40, paragraph (d)(1)(i)(B) is 

revised and paragraphs (d)(1)(i)(C) and 

(D) are added to read as follows: 

§ 622.40 Limitations on traps and pots. 

* * * * * 

(d) * * * 

(1) * * * 

(i) * * * 

(B) A sea bass pot must be removed 

from the water in the South Atlantic 

EEZ and the vessel must be returned to 

a dock, berth, beach, seawall, or ramp at 

the conclusion of each trip. Sea bass 

pots may remain on the vessel at the 

conclusion of each trip. 

(C) A sea bass pot must be removed 

from the water in the South Atlantic 

EEZ when the applicable quota 

specified in § 622.42(e)(5) is reached. 

After a closure is in effect, a black sea 

bass may not be retained by a vessel that 

has a sea bass pot on board. 

(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 issued by NMFS 

attached. NMFS will issue new 

identification tags each permit year that 

will replace the tags from the previous 

permit year. 

* * * * * 

6. In § 622.42, paragraph (e)(5) is 

revised to read as follows: 

§ 622.42 Quotas. 

* * * * * 

(e) * * * 

(5) Black sea bass—309,000 lb 

(140,160 kg), gutted weight; 364,620 lb 

(165,389 kg), round weight. 

* * * * * 

7. In § 622.44, paragraph (c)(8) is 

added to read as follows: 

§ 622.44 Commercial trip limits. 

* * * * * 

(c) * * * 

(8) Black sea bass. Until the 

applicable quota specified in 

§ 622.42(e)(5) is reached, 1,000 lb (454 

kg), gutted weight; 1,180 lb (535 kg), 

round weight. See § 622.43(a)(5) for the 

limitations regarding black sea bass after 

the applicable quota is reached. 

* * * * * 

8. In § 622.49, paragraph (b)(5) is 

revised to read as follows: 

§ 622.49 Annual Catch Limits (ACLs) and 

Accountability Measures (AMs). 

* * * * * 

(b) * * * 

(5) Black sea bass—(i) Commercial 

sector. (A) If commercial landings, as 

estimated by the SRD, reach or are 

projected to reach the quota specified in 

§ 622.42(e)(5), the AA will file a 

notification with the Office of the 

Federal Register to close the commercial 

sector for the remainder of the fishing 

year. 

(B) If commercial landings exceed the 

quota specified in § 622.42(e)(5), the AA 

will file a notification with the Office of 

the Federal Register, at or near the 

beginning of the following fishing year 

to reduce the ACL for that following 

year by the amount of the overage in the 

prior fishing year, unless the SRD 

determines that no overage is necessary 

based on the best scientific information 

available. 

(ii) Recreational sector. (A) If 

recreational landings for black sea bass, 

as estimated by the SRD, are projected 

to reach the recreational ACL of 409,000 

lb (185,519 kg), gutted weight; 482,620 

lb (218,913 kg), round weight; the AA 

will file a notification with the Office of 

the Federal Register to close the 

recreational sector for the remainder of 

the fishing year. On and after the 

effective date of such a notification, the 

bag and possession limit is zero. This 

bag and possession limit applies in the 

South Atlantic on board a vessel for 

which a valid Federal charter vessel/ 

headboat permit for South Atlantic 

snapper-grouper has been issued, 

without regard to where such species 

were harvested, i.e. in state or Federal 

waters. 

(B) If recreational landings for black 

sea bass, as estimated by the SRD, 

exceed the ACL, the AA will file a 

notification with the Office of the 

Federal Register, to reduce the 

recreational ACL the following fishing 

year by the amount of the overage in the 

prior fishing year, unless the SRD 

determines that no overage is necessary 

based on the best scientific information 

available. 

* * * * * 

[FR Doc. 2012–7045 Filed 3–22–12; 8:45 am] 

BILLING CODE 3510–22–P 


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