16942 Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Rules and Regulations 

211.5885, 211.6405, 211.6425, 211.6535, 

211.7290; effective June 25, 2010. 

(B) Part 211: Definitions and General 

Provisions, Sections 211.101, 211.102, 

211.200, 211.233, 211.235, 211.260, 

211.481, 211.492, 211.540, 211.715, 

211.735, 211.820, 211.825, 211.880, 

211.954, 211.965, 211.1128, 211.1455, 

211.1560, 211.1565, 211.1655, 211.1700, 

211.1872, 211.1876, 211.1877, 211.1880, 

211.1882, 211.1883, 211.2040, 211.2055, 

211.2210, 211.2310, 211.2320, 211.2360, 

211.2369, 211.2415, 211.2525, 211.2622, 

211.2825, 211.2955, 211.2956, 211.2958, 

211.2960, 211.2980, 211.3095, 211.3120, 

211.3240, 211.3505, 211.3665, 211.3760, 

211.3775, 211.3785, 211.3820, 211.3925, 

211.3961, 211.3966, 211.3967, 211.3968, 

211.3969, 211.3975, 211.4052, 211.4080, 

211.4220, 211.4285, 211.4455, 211.4540, 

211.4735, 211.4760, 211.4765, 211.4768, 

211.4769, 211.4895, 211.4900, 211.5012, 

211.5061, 211.5062, 211.5075, 211.5090, 

211.5400, 211.5520, 211.5550, 211.5800, 

211.5890, 211.5985, 211.5987, 211.6012, 

211.6015, 211.6017, 211.6020, 211.6063, 

211.6065, 211.6400, 211.6427, 211.6460, 

211.6585, 211.6640, 211.6670, 211.6690, 

211.6720, 211.6740, 211.6780, 211.6825, 

211.6885, 211.7220, 211.7240; effective 

September 14, 2010. 

(C) Part 211: Definitions and General 

Provisions, Sections 211.493, 211.2200, 

211.2358, 211.2800, 211.3985, 211.4460, 

211.5140, 211.6587, 211.6635; effective 

July 27, 2011. 

(D) Part 218: Organic Material 

Emission Standards and Limitations for 

the Chicago Area, Subpart F: Coating 

Operations, Section 218.218; effective 

March 23, 2010. 

(E) Part 218: Organic Material 

Emission Standards and Limitations for 

the Chicago Area, Subpart E: Solvent 

Cleaning, Section 218.181, Subpart H: 

Printing and Publishing, Sections 

218.403, 218.405, 218.406, 218.407, 

218.408, 218.410, 218.412, 218.413, 

218.416; effective June 25, 2010. 

(F) Part 218: Organic Material 

Emission Standards and Limitations for 

the Chicago Area, Subpart A: General 

Provisions, Sections 218.106, 218.112, 

Subpart F: Coating Operations, Sections 

218.205, 218.208, 218.210, 218.212, 

218.219, Subpart II: Fiberglass Boat 

Manufacturing Materials, Section 

218.890, Subpart JJ: Miscellaneous 

Industrial Adhesives, Section 218.900; 

effective September 14, 2010. 

(G) Part 218: Organic Material 

Emission Standards and Limitations for 

the Chicago Area, Subpart A: General 

Provisions, Section 218.105, Subpart E: 

Solvent Cleaning, Section 218.187, 

Subpart F: Coating Operations, Sections 

218.204, 218.207, 218.211, 218.217, 

Subpart H: Printing and Publishing, 

Sections 218.401, 218.402, 218.404, 

218.409, 218.411, 218.415, 218.417, 

Subpart II: Fiberglass Boat 

Manufacturing Materials, Sections 

218.891, 218.892, 218.894, Subpart JJ: 

Miscellaneous Industrial Adhesives, 

Sections 218.901, 218.902, 218.903, 

218.904; effective July 27, 2011. 

(H) Part 219: Organic Material 

Emission Standards and Limitations for 

the Metro East Area, Subpart F: Coating 

Operations, Section 219.218; effective 

March 23, 2010. 

(I) Part 219: Organic Material 

Emission Standards and Limitations for 

the Metro East Area, Subpart E: Solvent 

Cleaning, Section 219.181, Subpart H: 

Printing and Publishing, Sections 

219.402, 219.403, 219.405, 219.406, 

219.407, 219.408, 219.410, 219.412, 

219.413, 219.416; effective June 25, 

2010. 

(J) Part 219: Organic Material 

Emission Standards and Limitations for 

the Metro East Area, Subpart A: General 

Provisions, Sections 219.106, 219.112, 

Subpart F: Coating Operations, Sections 

219.205, 219.208, 219.210, 219.212, 

219.219, Subpart II: Fiberglass Boat 

Manufacturing Materials, Section 

219.890, Subpart JJ: Miscellaneous 

Industrial Adhesives, Section 219.900; 

effective September 14, 2010. 

(K) Part 219: Organic Material 

Emission Standards and Limitations for 

the Metro East Area, Subpart A: General 

Provisions, Section 219.105, Subpart E: 

Solvent Cleaning, Section 219.187, 

Subpart F: Coating Operations, Sections 

219.204, 219.207, 219.211, 219.217, 

Subpart H: Printing and Publishing, 

Sections 219.401, 219.404, 219.409, 

219.411, 219.415, 219.417, Subpart II: 

Fiberglass Boat Manufacturing 

Materials, Sections 219.891, 219.892, 

219.894, Subpart JJ: Miscellaneous 

Industrial Adhesives, Sections 219.901, 

219.902, 219.903, 219.904; effective July 

27, 2011. 

(ii) Additional material. On February 

28, 2011, Illinois EPA submitted an 

email confirmation that the sewage 

treatment plant exemption in Subpart 

TT of Parts 218 and 219 does not apply 

to industrial wastewater. 

[FR Doc. 2012–6938 Filed 3–22–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 110901552–20494–02] 

RIN 0648–BB34 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Northeast 

(NE) Multispecies Fishery; Amendment 

17 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule implements 

measures in Amendment 17 to the 

Northeast Multispecies Fishery 

Management Plan which was approved 

on March 8, 2012. This action amends 

the Northeast Multispecies Fishery 

Management Plan to explicitly define 

and facilitate the effective operation of 

state-operated permit banks. As 

proposed in Amendment 17, stateoperated permit banks may be allocated 

an annual catch entitlement and 

specifically authorized to provide their 

annual catch entitlement and/or days-atsea to approved groundfish sectors to 

enhance the fishing opportunities 

available to sector members. This action 

also approves a provision allowing 

NMFS to issue a days-at-sea credit to a 

vessel that cancels a fishing trip prior to 

setting or hauling fishing gear. 

DATES: This rule is effective April 23, 

2012. 

ADDRESSES: Copies of the Amendment 

17 document, including an 

environmental assessment and a 

regulatory impact review, are available 

from the Northeast Regional Office of 

the National Marine Fisheries Service, 

55 Great Republic Drive, Gloucester, 

MA 01930. This document is also 

accessible via the Internet at http:// 

www.nero.noaa.gov. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this final rule 

may be submitted to the Northeast 

Regional Office and by email to 

OIRA_Submission@omb.eop.gov, or fax 

to (202) 395–7285. 

FOR FURTHER INFORMATION CONTACT: 

William Whitmore, Fishery Policy 

Analyst, (978) 281–9182; fax: (978) 281– 

9135. 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Rules and Regulations 16943 

1 $1 million initially provided to the 

Commonwealth of Massachusetts for a permit bank 

has been, at the request of the Commonwealth, 

reprogrammed for use in a revolving loan fund 

intended to serve a similar purpose as the permit 

bank. 

SUPPLEMENTARY INFORMATION: 

Background 

The final rule implementing 

Amendment 13 to the Northeast (NE) 

Multispecies Fishery Management Plan 

(FMP) (69 FR 22906; April 27, 2004) 

specified a process for forming sectors 

within the NE multispecies fishery, 

implemented restrictions applicable to 

all sectors, and authorized the allocation 

of a total allowable catch (TAC) for 

specific groundfish species to a sector. 

As approved in Amendment 13, each 

sector must prepare a sector operations 

plan, which must be submitted to NMFS 

along with signed sector member 

contracts and an environmental 

assessment (EA), or other appropriate 

environmental analysis. Amendment 16 

(74 FR 18262; April 9, 2010) expanded 

sector management measures and 

authorized 17 new sectors, for a total of 

19 sectors. The amendment defined a 

sector as ‘‘[a] group of persons (three or 

more persons, none of whom have an 

ownership interest in the other two 

persons in the sector) holding limited 

access vessel permits who have 

voluntarily entered into a contract and 

agree to certain fishing restrictions for a 

specified period of time, and which has 

been granted a TAC(s) [sic] in order to 

achieve objectives consistent with 

applicable FMP goals and objectives.’’ A 

sector’s TAC is referred to as an annual 

catch entitlement (ACE). Each sector’s 

ACE for a particular stock represents a 

share of that stock’s annual catch limit 

(ACL) available to commercial NE 

multispecies vessels, based upon the 

potential sector contribution (PSC) of 

permits participating in that sector. 

Regional Administrator (RA) approval is 

required for a sector to be authorized to 

fish and to be allocated an ACE for 

stocks of regulated NE multispecies 

during each fishing year. Each sector is 

responsible for monitoring its catch, 

reporting catch to NMFS, and ensuring 

it does not exceed its ACE. 

In 2009 and 2010, NOAA provided 

nearly $5 million in funding through 

Federal grants to the states of Maine, 

New Hampshire, and Rhode Island for 

the express purpose of establishing 

several ‘‘permit banks’’ of NE 

multispecies fishing vessel permits.1

The permit banks were developed 

jointly by the states and NMFS, through 

memoranda of agreement (MOA), to 

help promote the effective 

implementation of catch share programs 

in New England and to mitigate some of 

the potential adverse socio-economic 

impacts to fishing communities and 

small-scale fishing businesses. The 

intent of the permit bank program is for 

states to use the funding to obtain 

fishing vessel permits and then to 

provide the fishing opportunities 

associated with those permits in the 

form of ACE and/or days-at-sea (DAS) to 

qualified fishermen. 

State-operated permit banks are not 

specifically recognized under the 

current NE Multispecies FMP, and are 

not allocated, or authorized to transfer, 

ACE outside of the current sector 

program. Because of this, the only 

mechanism currently available for a 

state-operated permit bank to be 

allocated and to transfer ACE is for the 

state to either enroll in an existing 

sector or to form its own sector with 

other permit holders. Both of these 

methods complicate the operation of the 

state permit banks and add 

administrative requirements that are 

redundant with requirements of 

memoranda of agreement (MOA) that 

were signed with the states and NOAA’s 

National Marine Fisheries Service 

(NMFS) as a prerequisite for receiving 

the grant awards. 

This action implements Amendment 

17 to the NE Multispecies FMP which 

was approved on March 8, 2012. The 

amendment as implemented explicitly 

defines and facilitates the effective 

operation of state-operated permit banks 

by specifically recognizing stateoperated permit banks under the 

provisions of the NE Multispecies FMP. 

As such, a state-operated permit bank 

can now be allocated ACE and is able 

to transfer ACE to an approved sector 

without having to enroll in another 

sector or create its own sector. 

Separately from Amendment 17, this 

action also amends the regulations 

implementing the NE Multispecies, 

Monkfish, and Atlantic Sea Scallop 

FMPs to include a provision that would 

allow NMFS to issue a DAS credit to a 

vessel that canceled a fishing trip prior 

to setting or hauling fishing gear and if 

the vessel, therefore, did not catch or 

land fish at any time on the trip. 

A notice of availability for 

Amendment 17 was published in the 

Federal Register on December 12, 2011 

(76 FR 77200) and public comments 

were accepted through February 10, 

2012. A proposed rule to implement 

measures in Amendment 17 was 

published in the Federal Register on 

December 22, 2011 (76 FR 79612) and 

public comments were accepted through 

January 23, 2012. The Amendment 17 

proposed rule included a detailed 

description of sector management, stateoperated permit banks, the proposed 

measures, and other issues that 

influenced the development of this 

action. Amendment 17 was approved on 

March 8, 2012. 

Approved Measures 

The following summarizes the 

approved Amendment 17 measures as 

well as the DAS credit provision as 

previously proposed. These measures 

build upon the provisions implemented 

by previous management actions and 

are intended to either supplement or 

replace existing regulations that would 

otherwise apply to state-operated permit 

banks. This final rule also revises 

regulations that are not specifically 

identified in Amendment 17, but are 

necessary to clarify existing provisions, 

as described further below. 

1. Definition of a State-Operated Permit 

Bank 

Amendment 17 defines a stateoperated permit bank as a permit 

depository established through an 

agreement between NOAA and a state in 

which Federal grant funds are used by 

the state to obtain Federal fishing vessel 

permits so that the fishing access 

privileges associated with those permits 

may be allocated by the state to 

qualified sectors. State-operated permit 

banks are not equivalent to groundfish 

sectors. 

State-operated permit banks shall be 

deemed to meet the definition above, 

and therefore qualify to operate as 

intended in this action, so long as the 

state-operated permit bank was initially 

established using a Federal grant award 

from NOAA for this purpose and the 

state maintains a valid MOA with 

NMFS. The MOA between NMFS and 

each state establishes the parameters 

that the state must follow in order to 

receive Federal grant funding that is 

then applied towards purchasing NE 

multispecies permitted vessels and 

transferring the ACE allocated to the 

permit bank to approved sectors. A 

state-operated permit bank must have a 

valid MOA in order to operate. Stateoperated permit banks are no longer 

subject to the requirement that three or 

more persons be included in a sector. 

2. Clarification and Streamlining of 

Administrative Procedures and 

Requirements for State-Operated Permit 

Banks 

This action allows state-operated 

permit banks to be allocated ACE and/ 

or DAS and authorizes them to provide 

ACE to approved groundfish sectors to 

enhance the fishing opportunities 

available to sector members. Stateoperated permit banks are required to 


srobinson on DSK4SPTVN1PROD with RULES
16944 Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Rules and Regulations 

comply with the terms and conditions 

of any applicable Federal grant 

agreement (i.e., a Federal grant award 

provided to a state for the purpose of 

establishing, enhancing, or operating a 

permit bank), as well as meet the 

requirements specified in an MOA 

established with NMFS for 

administering the permit bank. 

State-operated permit banks are 

required to report to the Council 

annually on the performance of the 

permit bank. Such reports must include, 

to the extent that the information does 

not conflict with any regulations 

regarding the protection of personal 

and/or proprietary information, all 

reporting requirements within the MOA. 

State-operated permit banks are exempt 

from many of the sector reporting 

requirements because state-operated 

permit banks are prohibited from 

actively fishing. 

State-operated permit banks are not 

authorized to acquire, except as 

described below, additional ACE or 

DAS for a fishing year through a transfer 

from a sector or other vessels because 

the purpose of the state-operated permit 

banks is to transfer out ACE and DAS 

to sector fishermen in need of additional 

allocation, not to accumulate ACE or 

DAS. However, if a sector receives a 

transfer of ACE, or a vessel receives 

DAS, from a state-operated permit bank 

but wishes to return either the (unused) 

ACE or DAS to the permit bank, NMFS 

could, upon written agreement by both 

parties, void the initial transfer, thereby 

returning the ACE or DAS to the permit 

bank. The state permit bank would then 

be free to redistribute the available ACE 

or DAS to another sector or vessel. In 

addition, and subject to the terms and 

conditions of the states’ permit bank 

MOAs with NMFS, state-operated 

permit banks are authorized to transfer 

ACE, on a stock-by-stock basis, to other 

state-operated permit banks for the 

purpose of maximizing the fishing 

opportunities made available by the 

permit banks to sector members. For 

example, the Rhode Island state permit 

bank could transfer ACE for Gulf of 

Maine cod to the Maine state permit 

bank in exchange for ACE for Southern 

New England/Mid-Atlantic yellowtail 

flounder. 

For the reasons stated in the proposed 

rule, NMFS highlighted the need for 

public comment in the proposed rule on 

two specific provisions of Amendment 

17 raised by the New England Fishery 

Management Council, detailed in the 

September 7, 2011, ‘‘deeming’’ letter to 

the Regional Administrator. 

First, NMFS specifically solicited 

public comment on whether stateoperated permit banks should be 

prohibited from using additional funds 

to acquire permits prior to Council 

review. The State of New Hampshire 

commented that it was ‘‘not opposed’’ to 

the proposed regulation as written. 

However, NMFS has determined that 

the proposed rule is inconsistent with 

Amendment 17 language and it is not 

appropriate in the context of 

Amendment 17 for NMFS to prohibit 

the mere acquisition of a permit that 

may or may not be used in the stateoperated permit bank. Moreover, there 

is nothing in the current regulations that 

prohibits any interested party, including 

a state, from acquiring a permit. 

Therefore, the Council cannot prohibit a 

state from acquiring a permit with 

additional funding it receives or impose 

any conditions on the acquisition of 

such a permit. If more funds become 

available to a state, the use of those 

additional funds to allocate or transfer 

ACE by a state-operated permit bank as 

defined in this action must first be 

reviewed by the Council for consistency 

with the goals and objectives of the NE 

Multispecies FMP prior to the state 

using those funds outside of the sector 

process. A state would not be 

authorized to allocate or transfer any 

ACE that may be associated with new 

permits obtained as a result of the 

additional funds, unless the state either: 

(1) provides the Council the opportunity 

to review the implications of the 

expanded permit bank to the goals and 

objectives of the NE Multispecies FMP; 

or (2) forms or joins an approved 

groundfish sector. This language is 

consistent with the language in 

Amendment 17 as approved by the 

Council. The regulations implemented 

by this rule have been changed 

accordingly. 

Second, NMFS sought public 

comment on whether state-operated 

permit banks should be allowed to 

carry-over unused ACE and DAS from 

one fishing year into the next. In 

deeming the proposed regulations 

necessary and appropriate for 

implementing Amendment 17, the 

Council questioned whether the 

carryover of unused ACE provision for 

sectors in current regulations should be 

included in these implementing 

regulations even though the amendment 

is silent on this issue. However, the 

Council did not submit a comment on 

this issue. In the absence of any 

comments on this issue, and because the 

amendment itself and accompanying 

regulations do not propose carry-over 

provisions, NMFS cannot unilaterally 

add such a provision to this final rule. 

Moreover, NMFS summarized in the 

proposed rule that there are reasons 

distinct from the sector process that 

explain why carry-over may not be 

appropriate for state-operated permit 

banks. Therefore, state-operated permit 

banks cannot carry-over uncaught ACE 

from one fishing year to the next. 

3. Canceled Trip DAS Credit 

This final rule implements a 

provision that is separate from 

Amendment 17, allowing NMFS to 

credit DAS to a vessel that cancels a 

fishing trip prior to setting or hauling 

fishing gear and which, therefore, does 

not catch or land fish at any time on the 

trip. This provision applies to all 

fisheries that operate under a DAS 

management system, specifically the NE 

multispecies, monkfish, and Atlantic 

sea scallop fisheries. Because this DAS 

credit would only be granted for 

situations in which no fishing activity 

occurs, it is not expected to have a 

negative impact on fishing-related 

mortality in the DAS fisheries. This 

measure will be applied retroactively for 

the 2011 fishing years for those fisheries 

(the fishing years are not the same). 

To ensure the enforceability of this 

provision, vessels seeking a DAS credit 

must notify NMFS’ Office of Law 

Enforcement (OLE) to coordinate a 

monitored landing event. Vessels that 

are required to use a vessel monitoring 

system (VMS) must send a VMS email 

to OLE at the earliest opportunity prior 

to crossing the VMS demarcation line 

upon return to port. Vessels not 

required to use a VMS must use the 

interactive voice response (IVR) line to 

make the notification. Additionally, 

both VMS and IVR vessels must submit 

a written DAS credit form along with 

the vessel trip report for the canceled 

trip to NMFS. 

The following information must be 

submitted on the written DAS credit 

request form: Owner/corporation name; 

vessel name; permit number; U.S. Coast 

Guard documentation number or state 

registration number; vessel operator 

name; trip departure and landing date; 

date and time VMS email was sent or 

IVR backup line was called; and reason 

for canceling the trip. Forms must be 

submitted within 30 days from the day 

the vessel returned to port on the 

canceled trip. 

For DAS credits that are requested 

near the end of the fishing year, the 

credited DAS will apply to the year in 

which the canceled trip occurred. 

Credited DAS that remain unused at the 

end of the fishing year or are not 

credited until the following fishing year 

can be carried over into the next fishing 

year, provided they do not to exceed the 

maximum number of DAS allowed to be 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Rules and Regulations 16945 

carried over for the fishery being 

credited. 

Comments and Responses 

Three comments were received on the 

proposed rule. Two comments, one from 

the State of New Hampshire, and one 

from a member of the public, expressed 

general support for the amendment. One 

comment from a member of the fishing 

industry expressed concern about 

common pool vessels being excluded 

from state-operated permit bank ACE. 

Comment 1: The State of New 

Hampshire did not oppose the Council 

reviewing plans by its state-operated 

permit bank prior to acquiring 

additional Federal fishing permits. 

Response: NMFS has determined that 

the proposed regulation for this 

provision is not consistent with 

Amendment 17 and it is not appropriate 

for NMFS to prohibit the mere 

acquisition of a permit by a state in the 

context of Amendment 17. In addition, 

nothing in the current regulations for 

this provision prohibits any interested 

party, including a state-operated permit 

bank, from acquiring a permit. 

Therefore, this rule does not prohibit a 

state from acquiring a permit or impose 

conditions on a state regarding such an 

acquisition. Rather, this rule provides 

that if more funds from any source 

become available to a state to obtain 

additional permits, the state-operated 

permit bank may not allocate or transfer 

ACE that may be associated with the 

new permit until the state-operated 

permit bank provides the Council with 

the opportunity to review the 

implications of the expanded permit 

bank with the goals and objectives of the 

NE Multispecies FMP. However, once 

the Council has the opportunity to 

conduct such a review, the stateoperated permit bank may allocate or 

transfer any such ACE provided it is 

consistent with the MOAs with NOAA 

and other applicable law. 

Comment 2: The State of New 

Hampshire was not opposed to allowing 

DAS credit to vessels cancelling fishing 

trips prior to engaging in fishing activity 

for fisheries managed under a DAS 

system. 

Response: NMFS agrees with this 

comment and has approved this 

measure in this action. 

Comment 3: One individual expressed 

concern that fishermen not enrolled in 

a sector (i.e., the common pool) are 

unable to acquire ACE from stateoperated permit banks. 

Response: Prior to Amendment 17, 

the only entities able to transfer ACE 

were approved sectors. Amendment 17 

allows a state-operated permit bank to 

transfer ACE and/or DAS to another 

sector without becoming or enrolling in 

a sector. Neither sectors nor stateoperated permit banks are able to 

transfer ACE to an individual not 

enrolled in a sector. However, common 

pool vessels may lease DAS from a stateoperated permit bank for cooperative 

research purposes. Allowing a permit 

bank to transfer ACE to an individual 

fisherman in the common pool is 

inconsistent with current regulations 

and the FMP and therefore prohibited. 

Moreover, because this type of transfer 

regarding sectors was not proposed in 

Amendment 17, NMFS may not 

unilaterally add it. 

Changes From the Proposed Rule 

As described above, NMFS has 

determined that the proposed rule is 

inconsistent with Amendment 17 

language, and that it is not appropriate 

in the context of Amendment 17 for 

NMFS to prohibit the mere acquisition 

of a permit that may or may not be used 

in the state-operated permit bank. 

Therefore, the regulation at 50 CFR 

648.87(e)(6) has been modified in this 

final rule to be consistent with the 

language in Amendment 17 as approved 

by the Council. 

Classification 

The Administrator, Northeast Region, 

NMFS, determined that Amendment 17 

to the NE Multispecies FMP is necessary 

for the conservation and management of 

the groundfish fishery and that it is 

consistent with the Magnuson-Stevens 

Fishery Conservation and Management 

Act and other applicable laws. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

Pursuant to the Regulatory Flexibility 

Act, 5 U.S.C. 605(b), 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. 

The factual basis for the certification 

was published in the proposed rule and 

is not repeated here. No comments were 

received regarding this certification. As 

a result, a regulatory flexibility analysis 

was not required and none was 

prepared. 

This final rule contains a collectionof-information requirement subject to 

the Paperwork Reduction Act (PRA) and 

that has been submitted for approval by 

OMB under control numbers 0648–0202 

and 0648–1212. NMFS will notify the 

affected public through a follow-up 

notice in the Federal Register 

announcing OMB’s clearance of the 

collection-of-information requirements. 

Under this action, in order to request a 

DAS credit, vessel owners are required 

to provide NMFS with an initial 

notification as well as the submission of 

a DAS credit request form. The public 

burden for requesting a DAS credit is 

estimated to average 15 minutes per 

application, including the time for 

reviewing instructions, searching 

existing data sources, gathering and 

maintaining the data needed, and 

completing and reviewing the collection 

information. Send comments regarding 

these burden estimates or any other 

aspect of this data collection, including 

suggestions for reducing the burden, to 

NMFS (see ADDRESSES) and by email to 

OIRA_Submission@omb.eop.gov, or fax 

to 202–395–7285. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, and no person shall be 

subject to penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB control number. 

List of Subjects in 50 CFR Part 648 

Fish, Fisheries, Reporting and 

recordkeeping requirements. 

Dated: March 19, 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 648 is amended 

as follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

■ 1. The authority citation for part 648 

continues to read as follows: 

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

■ 2. In § 648.2, revise the definition for 

‘‘Annual catch entitlement (ACE)’’ and 

add a new definition for ‘‘State-operated 

permit bank’’ in alphabetical order to 

read as follows: 

§ 648.2 Definitions. 

* * * * * 

Annual catch entitlement (ACE), with 

respect to the NE multispecies fishery, 

means the share of the annual catch 

limit (ACL) for each NE multispecies 

stock that is allocated to an individual 

sector or state-operated permit bank 

based upon the cumulative fishing 

history attached to each permit 

participating in that sector or held by a 

state-operated permit bank in a given 

year. This share may be adjusted due to 

penalties for exceeding the sector’s ACE 

for a particular stock in earlier years, or 

due to other violations of the FMP, 


srobinson on DSK4SPTVN1PROD with RULES
16946 Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Rules and Regulations 

including the yearly sector operations 

plan. When a sector’s or state-operated 

permit bank’s share of a NE 

multispecies stock, as determined by the 

fishing histories of vessels participating 

in that sector or permits held by a stateoperated permit bank, is multiplied by 

the available catch, the result is the 

amount of ACE (live weight in pounds) 

that can be harvested (landings and 

discards) by participants in that sector 

or transferred by a state-operated permit 

bank, during a particular fishing year. 

* * * * * 

State-operated permit bank means a 

depository established and operated by 

a state through an agreement between 

NMFS and a state in which Federal 

grant funds have been used by the state 

to obtain Federal fishing vessel permits 

so that the fishing access privileges 

associated with those permits may be 

allocated to qualified persons and that 

meets the requirement of § 648.87(e). 

* * * * * 

■ 3. In § 648.53, revise paragraph (f) to 

read as follows: 

§ 648.53 Acceptable biological catch 

(ABC), annual catch limits (ACL), annual 

catch targets (ACT), DAS allocations, and 

individual fishing quotas (IFQ). 

* * * * * 

(f) DAS credits—(1) Good Samaritan 

credit. A limited access vessel operating 

under the DAS program and that spends 

time at sea assisting in a USCG search 

and rescue operation or assisting the 

USCG in towing a disabled vessel, and 

that can document the occurrence 

through the USCG, will not accrue DAS 

for the time documented. 

(2) Canceled trip DAS credit. A 

limited access vessel operating under 

the DAS program and that ends a fishing 

trip prior to setting and/or hauling 

fishing gear for any reason may request 

a cancelled trip DAS credit for the trip 

based on the following conditions and 

requirements: 

(i) There is no fish onboard the vessel 

and no fishing operations on the vessel 

were initiated, including setting and/or 

hauling fishing gear; and 

(ii) The owner or operator of the 

vessel fishing under a DAS program and 

required to use a VMS as specified 

under § 648.10(b) makes an initial trip 

cancelation notification from sea, at the 

time the trip was canceled, or at the 

earliest opportunity prior to crossing the 

demarcation line as defined at 

§ 648.10(a). These reports are in the 

form of an email to NMFS Office of Law 

Enforcement and include at least the 

following information: Operator name; 

vessel name; vessel permit number; port 

where vessel will return; date trip 

started; estimated date/time of return to 

port; and a statement by the operator 

that no fish were onboard and no fishing 

activity occurred; and 

(iii) The owner or operator of the 

vessel operating under the DAS program 

required to use the IVR call in as 

specified under § 648.10(h) makes an 

initial trip cancelation notification to 

NMFS by calling the IVR back at the 

time the trip was canceled, or at the 

earliest opportunity prior to returning to 

port. This request must include at least 

the following information: Operator 

name; vessel name; vessel permit 

number; port where vessel will return; 

date trip started; estimated date/time of 

return to port; and a statement from the 

operator that no fish were onboard and 

no fishing activity occurred; and 

(iv) The owner or operator of the 

vessel requesting a canceled trip DAS 

credit, in addition to the requirements 

in paragraphs (f)(2)(ii) and (iii) of this 

section, submits a written DAS credit 

request form to NMFS within 30 days of 

the vessel’s return to port from the 

canceled trip. This application must 

include at least the following 

information: Date and time when the 

vessel canceled the fishing trip; date 

and time of trip departure and landing; 

operator name; owner/corporation 

name; permit number; hull 

identification number; vessel name; date 

and time notification requirements 

specified under paragraphs (f)(2)(ii) and 

(iii) of this section were made; reason 

for canceling the trip; and owner/ 

operator signature and date; and 

(v) The vessel trip report for the 

canceled trip as required under 

§ 648.7(b) is submitted along with the 

DAS credit request form; and 

(vi) For DAS credits that are requested 

near the end of the fishing year as 

defined at § 648.2, and approved by the 

Regional Administrator, the credited 

DAS apply to the fishing year in which 

the canceled trip occurred. Credited 

DAS that remain unused at the end of 

the fishing year or that are not credited 

until the following fishing year may be 

carried over into the next fishing year, 

not to exceed the maximum number of 

carryover DAS as specified under 

paragraph (d) of this section. 

* * * * * 

■ 4. In § 648.82, remove and reserve 

paragraph (m) and revise paragraph (f) 

to read as follows: 

§ 648.82 Effort-control program for NE 

multispecies limited access vessels. 

* * * * * 

(f) DAS credits—(1) Good Samaritan 

credit. A limited access vessel fishing 

under the DAS program and that spends 

time at sea assisting in a USCG search 

and rescue operation or assisting the 

USCG in towing a disabled vessel, and 

that can document the occurrence 

through the USCG, shall not accrue DAS 

for the time documented. 

(2) Canceled trip DAS credit. A 

limited access vessel operating under 

the DAS program and that ends a fishing 

trip prior to setting and/or hauling 

fishing gear for any reason may request 

a cancelled trip DAS credit for the trip 

based on the following conditions and 

requirements: 

(i) There is no fish onboard the vessel 

and no fishing operations on the vessel 

were initiated, including setting and/or 

hauling fishing gear; and 

(ii) The owner or operator of the 

vessel fishing under a DAS program and 

required to use a VMS as specified 

under § 648.10(b) makes an initial trip 

cancelation notification from sea, at the 

time the trip was canceled, or at the 

earliest opportunity prior to crossing the 

demarcation line as defined at 

§ 648.10(a). These reports are in the 

form of an email to NMFS Office of Law 

Enforcement and include at least the 

following information: Operator name; 

vessel name; vessel permit number; port 

where vessel will return; date trip 

started; estimated date/time of return to 

port; and a statement from the operator 

must that no fish were onboard and no 

fishing activity occurred; and 

(iii) The owner or operator of the 

vessel operating under the DAS program 

required to use the IVR call in as 

specified under § 648.10(h) makes an 

initial trip cancelation notification to 

NMFS by calling the IVR back at the 

time the trip was canceled, or at the 

earliest opportunity prior to returning to 

port. This request must include at least 

the following information: Operator 

name; vessel name; vessel permit 

number; port where vessel will return; 

date trip started; estimated date/time of 

return to port; and a statement from the 

operator that no fish were onboard and 

no fishing activity occurred; and 

(iv) The owner or operator of the 

vessel requesting a canceled trip DAS 

credit, in addition to the requirements 

in paragraphs (f)(2)(ii) and (iii) of this 

section, submits a written DAS credit 

request form to NMFS within 30 days of 

the vessel’s return to port from the 

canceled trip. This application must 

include at least the following 

information: Date and time when the 

vessel canceled the fishing trip; date 

and time of trip departure and landing; 

operator name; owner/corporation 

name; permit number; hull 

identification number; vessel name; date 

and time notification requirements 

specified under paragraphs (f)(2)(ii) and 

(iii) of this section were made; reason 


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Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Rules and Regulations 16947 

for canceling the trip; and owner/ 

operator signature and date; and 

(v) The vessel trip report for the 

canceled trip as required under 

§ 648.7(b) is submitted along with the 

DAS credit request form; and 

(vi) For DAS credits that are requested 

near the end of the fishing year as 

defined at § 648.2, and approved by the 

Regional Administrator, the credited 

DAS apply to the fishing year in which 

the canceled trip occurred. Credited 

DAS that remain unused at the end of 

the fishing year or are not credited until 

the following fishing year may be 

carried over into the next fishing year, 

not to exceed the maximum number of 

carryover DAS as specified under 

paragraph (a)(1) of this section. 

(3) DAS credit for standing by 

entangled whales. A limited access 

vessel fishing under the DAS program 

that reports and stands by an entangled 

whale may request a DAS credit for the 

time spent standing by the whale. The 

following conditions and requirements 

must be met to receive this credit: 

(i) At the time the vessel begins 

standing by the entangled whale, the 

vessel operator must notify the USCG 

and the Center for Coastal Studies, or 

another organization authorized by the 

Regional Administrator, of the location 

of the entangled whale and that the 

vessel is going to stand by the entangled 

whale until the arrival of an authorized 

response team; 

(ii) Only one vessel at a time may 

receive credit for standing by an 

entangled whale. A vessel standing by 

an entangled whale may transfer its 

stand-by status to another vessel while 

waiting for an authorized response team 

to arrive, provided it notifies the USCG 

and the Center for Coastal Studies, or 

another organization authorized by the 

Regional Administrator, of the transfer. 

The vessel to which stand-by status is 

transferred must also notify the USCG 

and the Center for Coastal Studies or 

another organization authorized by the 

Regional Administrator of this transfer 

and comply with the conditions and 

restrictions of this part; 

(iii) The stand-by vessel must be 

available to answer questions on the 

condition of the animal, possible 

species identification, severity of 

entanglement, etc., and take 

photographs of the whale, if possible, 

regardless of the species of whale or 

whether the whale is alive or dead, 

during its stand-by status and after 

terminating its stand-by status. The 

stand-by vessel must remain on scene 

until the USCG or an authorized 

response team arrives, or the vessel is 

informed that an authorized response 

team will not arrive. If the vessel 

receives notice that a response team is 

not available, the vessel may 

discontinue standing-by the entangled 

whale and continue fishing operations; 

and 

(iv) To receive credit for standing by 

an entangled whale, a vessel must 

submit a written request to the Regional 

Administrator. This request must 

include at least the following 

information: Date and time when the 

vessel began its stand-by status; date of 

first communication with the USCG; 

and date and time when the vessel 

terminated its stand-by status. DAS 

credit shall not be granted for the time 

a vessel fishes when standing by an 

entangled whale. Upon a review of the 

request, NMFS shall consider granting 

the DAS credit based on information 

available at the time of the request, 

regardless of whether an authorized 

response team arrives on scene or a 

rescue is attempted. NMFS shall notify 

the permit holder of any DAS 

adjustment that is made or explain the 

reasons why an adjustment will not be 

made. 

* * * * * 

■ 5. In § 648.87, add paragraph (e) to 

read as follows: 

§ 648.87 Sector allocation. 

* * * * * 

(e) State-operated permit bank. A 

state-operated permit bank must meet 

and is subject to the following 

requirements and conditions: 

(1) The state-operated permit bank 

must be initially established using a 

Federal grant award from NOAA 

through a valid Memorandum of 

Agreement (MOA) with NMFS and the 

state must maintain and comply with 

such MOA. The MOA must contain and 

the state must comply with at least the 

following requirements and conditions: 

(i) The state may not associate a stateoperated permit bank permit with a 

vessel engaged in any fishing or other 

on-the-water activities; 

(ii) The state must establish the 

minimum eligibility criteria to 

determine whether a sector and its 

associated vessels are qualified to 

receive either ACE or DAS from the 

state-operated permit bank; 

(iii) The state must identify a program 

contact person for the state agency 

administering the state-operated permit 

bank; 

(iv) The state must provide to NMFS 

a list of all permits held by the state 

under the aegis of the state-operated 

permit bank, and declare which permits 

will be used in the coming fishing year 

for exclusively DAS leasing to common 

pool vessels and which permits are to be 

used exclusively for transferring ACE to 

sectors (including the leasing of DAS to 

sector vessels for the purpose of 

complying with the requirements of 

other FMPs); and 

(v) The state must prepare and submit 

an annual performance report to NMFS, 

and that said performance report must 

include, at a minimum, the following 

elements: 

(A) A comprehensive listing of all 

permits held by the state-operated 

permit bank, identifying whether a 

permit was used for ACE transfers to 

sectors (including DAS leases to the 

sector members) or DAS leases to 

common pool vessels, the total amount 

of ACE, by stock, and DAS available to 

the state-operated permit bank for 

transfers and leases to sectors and 

common-pool vessels; 

(B) A comprehensive listing of all 

sectors to which ACE was transferred 

from the state-operated permit bank, 

including the amount, by stock, of ACE 

transferred to each sector, including a 

list of all vessels that harvested the ACE 

transferred to the sector and the 

amounts harvested; 

(C) A comprehensive listing of all 

sector vessels to which DAS were leased 

from the state-operated permit bank, 

including the number of DAS leased to 

each sector vessel; and 

(D) A comprehensive listing of all 

common pool vessels to which DAS 

were leased from the state-operated 

permit bank, including the number of 

DAS leased to each common pool 

vessel. 

(2) Eligibility. If a state is issued a 

permit that meets sector eligibility 

requirements, as defined in paragraph 

(a)(3) of this section, such permit may 

be held by a state-operated permit bank. 

(3) Allocation and utilization of 

ACE—(i) Allocation of ACE. The 

amount of ACE allocated to a stateoperated permit bank shall be derived 

from the permits appropriately declared 

by the state to be ‘‘ACE permits,’’ 

pursuant to paragraph (e)(1)(i)(v) of this 

section, for the fishing year and 

allocated on a stock-by-stock basis 

pursuant to paragraph (b)(1)(i) of this 

section. 

(ii) Acquiring ACE. Except as 

provided in this paragraph, a stateoperated permit bank may not acquire 

ACE for a fishing year through a transfer 

from a sector. If ACE is transferred to a 

sector from a state-operated permit 

bank, NMFS may authorize the return of 

the unused portion of such ACE (up to 

the total originally transferred) to the 

state-operated permit bank upon written 

agreement by both parties. The stateoperated permit bank may then 

redistribute the available ACE to 


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16948 Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Rules and Regulations 

another qualifying sector during that 

fishing year. 

(iii) Transferring ACE. Subject to the 

terms and conditions of the stateoperated permit bank’s MOAs with 

NMFS, as well as ACE transfer 

restrictions described in paragraph 

(b)(1)(viii) of this section, a stateoperated permit bank may transfer ACE, 

on a stock-by-stock basis, to other stateoperated permit banks. 

(4) Allocation and utilization of daysat-sea—(i) Allocation of DAS. The 

number of DAS available for a stateoperated permit bank to provide to 

sector or common pool vessels shall be 

the accumulated NE Multispecies 

Category A DAS assigned to the fishing 

vessel permits held by the state and 

appropriately declared by the state 

pursuant to paragraph (e)(1)(v) of this 

section to be either ‘‘ACE permits’’ or 

‘‘common pool permits’’ for that fishing 

year, consistent with the terms of the 

state’s permit bank MOA. 

(ii) Acquiring DAS. A state-operated 

permit bank may not acquire DAS 

through a lease from a vessel permit 

(including permits held by other stateoperated permit banks), as described in 

§ 684.82(k). If a vessel leases DAS from 

a state-operated permit bank, NMFS 

may authorize the return of the unused 

portion of such DAS to the stateoperated permit bank upon written 

agreement by both parties, provided 

none of the DAS had been used. The 

state-operated permit bank may then 

redistribute the available DAS to 

another vessel during the same fishing 

year. 

(5) Annual report. A state-operated 

permit bank shall report to the Council 

annually on the performance of the 

state-operated permit bank. Such reports 

shall include at a minimum and to the 

extent that the information does not 

conflict with any regulations regarding 

the protection of personal and/or 

proprietary information, all elements 

listed in paragraph (e)(1)(v) of this 

section. 

(6) Use of additional funds. If 

additional funds from any source 

become available to a state-operated 

permit bank, the state-operated permit 

bank may not allocate or transfer any 

ACE that may be associated with any 

new permit purchased with those funds, 

until the state-operated permit bank 

provides the Council the opportunity to 

review the implications of the expanded 

state-operated permit bank to the goals 

and objectives of the NE Multispecies 

FMP. 

(7) Violation of the terms and 

conditions applicable to a stateoperated permit bank. If a state or stateoperated permit bank violates or fails to 

comply with any of the requirements 

and conditions specified in this section 

or in the MOA referenced in paragraph 

(e)(1) of this section, the state or stateoperated permit bank is subject to the 

actions and penalties specified in 

§ 648.4(n) or the MOA. 

■ 6. In § 648.90, revise paragraph 

(a)(2)(iii) to read as follows: 

§ 648.90 NE multispecies assessment, 

framework procedures and specifications, 

and flexible area action system. 

* * * * * 

(a) * * * 

(2) * * * 

(iii) Based on this review, the PDT 

shall recommend ACLs and develop 

options necessary to achieve the FMP 

goals and objectives, which may include 

a preferred option. The PDT must 

demonstrate through analyses and 

documentation that the options they 

develop are expected to meet the FMP 

goals and objectives. The PDT may 

review the performance of different user 

groups or fleet sectors in developing 

options. The range of options developed 

by the PDT may include any of the 

management measures in the FMP, 

including, but not limited to: ACLs, 

which must be based on the projected 

fishing mortality levels required to meet 

the goals and objectives outlined in the 

FMP for the 12 regulated species and 

ocean pout if able to be determined; 

identifying and distributing ACLs and 

other sub-components of the ACLs 

among various segments of the fishery; 

AMs; DAS changes; possession limits; 

gear restrictions; closed areas; 

permitting restrictions; minimum fish 

sizes; recreational fishing measures; 

describing and identifying EFH; fishing 

gear management measures to protect 

EFH; and designating habitat areas of 

particular concern within EFH. In 

addition, the following conditions and 

measures may be adjusted through 

future framework adjustments: 

Revisions to DAS measures, including 

DAS allocations (such as the 

distribution of DAS among the four 

categories of DAS), future uses for 

Category C DAS, and DAS baselines, 

adjustments for steaming time, etc.; 

modifications to capacity measures, 

such as changes to the DAS transfer or 

DAS leasing measures; calculation of 

area-specific ACLs, area management 

boundaries, and adoption of areaspecific management measures; sector 

allocation requirements and 

specifications, including the 

establishment of a new sector, the 

disapproval of an existing sector, the 

allowable percent of ACL available to a 

sector through a sector allocation, and 

the calculation of PSCs; sector 

administration provisions, including atsea and dockside monitoring measures; 

sector reporting requirements; stateoperated permit bank administrative 

provisions; measures to implement the 

U.S./Canada Resource Sharing 

Understanding, including any specified 

TACs (hard or target); changes to 

administrative measures; additional 

uses for Regular B DAS; reporting 

requirements; the GOM Inshore 

Conservation and Management 

Stewardship Plan; adjustments to the 

Handgear A or B permits; gear 

requirements to improve selectivity, 

reduce bycatch, and/or reduce impacts 

of the fishery on EFH; SAP 

modifications; revisions to the ABC 

control rule and status determination 

criteria, including, but not limited to, 

changes in the target fishing mortality 

rates, minimum biomass thresholds, 

numerical estimates of parameter 

values, and the use of a proxy for 

biomass may be made either through a 

biennial adjustment or framework 

adjustment; and any other measures 

currently included in the FMP. 

* * * * * 

■ 7. In § 648.92, revise paragraph (b)(4) 

to read as follows: 

§ 648.92 Effort-control program for 

monkfish limited access vessels. 

* * * * * 

(b) * * * 

(4) DAS credits—(i) Good Samaritan 

credit. A limited access vessels fishing 

under the DAS program and that spends 

time at sea assisting in a USCG search 

and rescue operation or assisting the 

USCG in towing a disabled vessel, and 

that can document the occurrence 

through the USCG, will not accrue DAS 

for the time documented. 

(ii) Canceled trip DAS credit. A 

limited access vessel operating under 

the DAS program and that end a fishing 

trip prior to setting and/or hauling 

fishing gear for any reason may request 

a cancelled trip DAS credit for the trip 

based on the following conditions and 

requirements. 

(A) There is no fish onboard the 

vessel and no fishing operations on the 

vessel were initiated, including setting 

and/or hauling fishing gear; and 

(B) The owner or operator of the 

vessel fishing under a DAS program and 

required to use a VMS as specified 

under § 648.10(b) makes an initial trip 

cancelation notification from sea, at the 

time the trip was canceled, or at the 

earliest opportunity prior to crossing the 

demarcation line as defined at 

§ 648.10(a). These reports are in the 

form of an email to NMFS Office of Law 

Enforcement and include at least the 

following information: Operator name; 


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Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Rules and Regulations 16949 

vessel name; vessel permit number; port 

where vessel will return; date trip 

started; estimated date/time of return to 

port; and a statement from the operator 

that no fish were onboard and no fishing 

activity occurred; and 

(C) The owner or operator of the 

vessel operating under the DAS program 

required to use the IVR call in as 

specified under § 648.10(h) makes an 

initial trip cancelation notification to 

NMFS by calling the IVR back at the 

time the trip was canceled, or at the 

earliest opportunity prior to returning to 

port. This request must include at least 

the following information: Operator 

name; vessel name; vessel permit 

number; port where vessel will return; 

date trip started; estimated date/time of 

return to port; and a statement from the 

operator that no fish were onboard and 

no fishing activity occurred; and 

(D) The owner or operator of the 

vessel requesting a canceled trip DAS 

credit, in addition to the requirements 

in paragraphs (b)(4)(ii)(B) and (C) of this 

section, submits a written DAS credit 

request form to NMFS within 30 days of 

the vessel’s return to port from the 

canceled trip. This application must 

include at least the following 

information: Date and time when the 

vessel canceled the fishing trip; date 

and time of trip departure and landing; 

operator name; owner/corporation 

name; permit number; hull 

identification number; vessel name; date 

and time notification requirements 

specified under paragraphs (b)(4)(ii)(B) 

and (C) of this section were made; 

reason for canceling the trip; and 

owner/operator signature and date; and 

(E) The vessel trip report for the 

canceled trip as required under 

§ 648.7(b) is submitted along with the 

DAS credit request form; and 

(F) For DAS credits that are requested 

near the end of the fishing year as 

defined at § 648.2, and approved by the 

Regional Administrator, the credited 

DAS apply to the fishing year in which 

the canceled trip occurred. Credited 

DAS that remain unused at the end of 

the fishing year or are not credited until 

the following fishing year and may be 

carried over into the next fishing year, 

not to exceed the maximum number of 

carryover DAS as specified under 

paragraph (a)(1) of this section. 

[FR Doc. 2012–7062 Filed 3–22–12; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 111207737–2141–02] 

RIN 0648–XB112 

Pacific Cod by Catcher Vessels 

Greater Than or Equal to 50 Feet (15.2 

Meters) Length Overall Using Hookand-Line Gear in the Central 

Regulatory Area of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher vessels 

(CVs) greater than or equal to 50 feet 

(15.2 meters (m)) in length overall 

(LOA) using hook-and-line gear in the 

Central Regulatory Area of the Gulf of 

Alaska (GOA). This action is necessary 

to prevent exceeding the A season 

allowance of the 2012 Pacific cod total 

allowable catch apportioned to CVs 

greater than or equal to 50 feet (15.2 m) 

LOA using hook-and-line gear in the 

Central Regulatory Area of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), March 20, 2012, through 

1200 hrs, A.l.t., September 1, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

Regulations governing sideboard 

protections for GOA groundfish 

fisheries appear at subpart B of 50 CFR 

part 680. 

The A season allowance of the 2012 

Pacific cod total allowable catch (TAC) 

apportioned to CVs greater than or equal 

to 50 feet (15.2 m) LOA using hook-andline gear in the Central Regulatory Area 

of the GOA is 2,372 metric tons (mt), as 

established by the final 2012 and 2013 

harvest specifications for groundfish of 

the GOA (77 FR 15194, March 14, 2012). 

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator) has 

determined that the A season allowance 

of the 2012 Pacific cod TAC 

apportioned to CVs greater than or equal 

to 50 feet (15.2 m) LOA using hook-andline gear in the Central Regulatory Area 

of the GOA will soon be reached. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 2,272 mt, and is setting 

aside the remaining 100 mt as bycatch 

to support other anticipated groundfish 

fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod by CVs 

greater than or equal to 50 feet (15.2 m) 

LOA using hook-and-line gear in the 

Central Regulatory Area of the GOA. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Acting Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of directed fishing for 

Pacific cod for CVs greater than or equal 

to 50 feet (15.2 m) LOA using hook-andline gear in the Central Regulatory Area 

of the GOA. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of March 19, 2012. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: March 20, 2012. 

Steven Thur, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–7043 Filed 3–20–12; 4:15 pm] 

BILLING CODE 3510–22–P 


srobinson on DSK4SPTVN1PROD with RULES