Federal Register / Vol. 77, No. 62 / Friday, March 30, 2012 / Proposed Rules 19169 

reported any wreckfish landings 

between April 16, 2006, and January 14, 

2011. 

(iii) Percentage share set-aside to 

accommodate resolution of appeals. 

During the 2012–2013 fishing year, the 

RA will reserve 5 percent of wreckfish 

ITQ shares prior to redistributing shares 

(see paragraph (a)(1)(ii) of this section) 

to accommodate resolution of appeals, if 

necessary. NMFS will distribute any 

portion of the 5-percent share remaining 

after the appeals process as soon as 

possible among the remaining 

shareholders. 

(iv) Procedure for appealing wreckfish 

quota share status and landings 

information. Appeals must be submitted 

to the RA postmarked no later than 

[date 90 days after the effective date of 

the final rule] and must contain 

documentation supporting the basis for 

the appeal. The only items subject to 

appeal are the status of wreckfish quota 

shares, as active or inactive and the 

accuracy of the amount of landings. The 

RA will review and evaluate all appeals, 

render final decisions on the appeals, 

and advise the appellant of the final 

decision. Appeals based on hardship 

factors will not be considered. The RA 

will determine the outcome of appeals 

based on NMFS’ logbooks. If NMFS’ 

logbooks are not available, the RA may 

use state landings records. Appellants 

must submit NMFS’ logbooks or state 

landings records, as appropriate, to 

support their appeal. 

(2) Share transfers. All or a portion of 

a person’s percentage shares are 

transferrable. Transfer of shares must be 

reported on a form available from the 

RA. The RA will confirm, in writing, 

each transfer of shares. The effective 

date of each transfer is the confirmation 

date provided by the RA. NMFS charges 

a fee for each transfer of shares and 

calculates the amount in accordance 

with the procedures of the NOAA 

Finance Handbook. The handbook is 

available from the RA. The fee may not 

exceed such costs and is specified with 

each transfer form. The appropriate fee 

must accompany each transfer form. 

(3) ITQ share cap. No person, 

including a corporation or other entity, 

may individually or collectively hold 

ITQ shares in excess of 49 percent of the 

total shares. For the purposes of 

considering the share cap, a 

corporation’s total ITQ share is 

determined by adding the corporation’s 

ITQ shares to any other ITQ shares the 

corporation owns in another 

corporation. If an individual ITQ 

shareholder is also a shareholder in a 

corporation that holds ITQ shares, an 

individual’s total ITQ share is 

determined by adding the applicable 

ITQ shares held by the individual to the 

applicable ITQ shares equivalent to the 

corporate share the individual holds in 

a corporation. A corporation must 

provide the RA the identity of the 

shareholders of the corporation and 

their percent of shares in the 

corporation, and provide updated 

information to the RA within 30 days of 

when a change occurs. This information 

must also be provided to the RA any 

time a commercial vessel permit for 

wreckfish is renewed or transferred. 

* * * * * 

[FR Doc. 2012–7604 Filed 3–29–12; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 101202599–0641–01] 

RIN 0648–BA52 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Fishery Off the Southern 

Atlantic States; Amendment 24 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes to implement 

Amendment 24 to the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP), as prepared by the South 

Atlantic Fishery Management Council 

(Council). If implemented, this rule 

would establish red grouper commercial 

and recreational sector annual catch 

limits (ACLs); establish red grouper 

sector accountability measures (AMs); 

and remove the combined gag, black 

grouper, and red grouper commercial 

quota, and commercial and recreational 

sector ACLs and AMs. The intent of this 

rule is to specify ACLs and AMs for red 

grouper while maintaining catch levels 

consistent with achieving optimum 

yield (OY) for the red grouper resource. 

Additionally, Amendment 24 would 

implement a rebuilding plan for red 

grouper in the South Atlantic. 

DATES: Written comments must be 

received on or before April 30, 2012. 

ADDRESSES: You may submit comments 

on the amendment identified by 

‘‘NOAA–NMFS–2011–0298’’ by any of 

the following methods: 

• Electronic submissions: Submit 

electronic comments via the Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Rick DeVictor, 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– 

2011–0298’’ in the keyword search and 

click on ‘‘search.’’ To view posted 

comments during the comment period, 

enter ‘‘NOAA–NMFS–2011–0298’’ 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 24, 

which includes an environmental 

assessment, an initial regulatory 

flexibility analysis (IRFA), and a 

regulatory impact review, may be 

obtained from the Southeast Regional 

Office Web site at http:// 

sero.nmfs.noaa.gov/sf/pdfs/ 

SGAmend24_121411.pdf. 

FOR FURTHER INFORMATION CONTACT: Rick 

DeVictor, telephone: 727–824–5305, or 

email: rick.devictor@noaa.gov. 

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 red grouper stock in the South 

Atlantic was assessed through the 

Southeast, Data, Assessment, and 

Review (SEDAR) process in 2010. The 

assessment indicates that the stock is 

experiencing overfishing and is 

overfished. As required by the 


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19170 Federal Register / Vol. 77, No. 62 / Friday, March 30, 2012 / Proposed Rules 

Magnuson-Stevens Act, the Council 

must implement a rebuilding plan 

which ends overfishing immediately 

and provides for rebuilding the fishery. 

The intent of a rebuilding plan is to 

increase biomass of overfished stocks to 

a sustainable level within a specified 

period of time. A plan should achieve 

conservation goals, while minimizing to 

the extent practicable adverse socioeconomic impacts. NMFS notified the 

Council of the red grouper stock status 

on June 9, 2010, and the MagnusonStevens Act specifies that measures to 

end overfishing and rebuild the stock 

must be implemented within two years 

of notification. 

The Magnuson-Stevens Act requires 

that ACLs and AMs be implemented to 

prevent overfishing and achieve the OY 

from a fishery. An ACL is the level of 

annual catch of a stock that if exceeded, 

triggers AMs. AMs are management 

controls to prevent ACLs from being 

exceeded and to correct any overages of 

ACLs if they occur. Two examples of 

AMs include an in-season closure if 

catch approaches the ACL and reducing 

the ACL by an overage that occurred the 

previous fishing year. 

This rule would divide the red 

grouper ACL into sector-ACLs based 

upon allocation decisions and apply 

sector specific AMs. 

Management Measures Contained in 

This Proposed Rule 

Gag, Black Grouper, and Red Grouper, 

Combined ACLs and AMs 

Currently, Federal regulations specify 

a commercial sector ACL (equivalent to 

the commercial quota) and recreational 

sector ACL for gag, black grouper, and 

red grouper, combined. The current 

combined gag, black grouper, and red 

grouper ACLs and AMs were 

implemented through Amendment 17B 

to the FMP (75 FR 82280, December 30, 

2010), before black grouper and red 

grouper stock assessments were 

completed through SEDAR. This rule 

would remove the gag, black grouper, 

and red grouper, combined commercial 

and recreational ACLs and AMs as the 

ACLs are not based upon the best 

scientific information. Gag individual 

ACLs and AMs were previously 

implemented through Amendment 16 to 

the FMP (June 29, 2009, 74 FR 30964) 

and black grouper ACLs and AMs will 

be implemented through the 

Comprehensive ACL Amendment 

(proposed rule published December 1, 

2011, 76 FR 74757) and will remain in 

effect. 

This rule would remove this 

combined species group from the 

Federal regulations and complete the 

implementation of measures to specify 

individual ACLs and AMs for these 

three species. 

Red Grouper Commercial and 

Recreational Sector ACLs and AMs 

Amendment 24 would implement red 

grouper ACLs and AMs for the 

commercial and recreational sectors. 

The Council decided to define the red 

grouper ACL equal to ABC. The SSC’s 

recommendation for ABC is the 

projected yield stream with a 70 percent 

probability of rebuilding success. The 

Council has chosen to define the 

rebuilding yield stream at the equivalent 

of OY (75 percent of fishing mortality 

(F) at maximum sustainable yield 

(MSY)(FMSY)). The resultant red grouper 

stock ACLs in this proposed rule are 

647,000 lb (293,474 kg) for 2012, 

718,000 lb (325,679 kg) for 2013, and 

780,000 lb (353,802 kg) for 2014 and 

subsequent fishing years. If the ACLs, as 

estimated by the Southeast Fisheries 

Science Center (SEFSC) are exceeded in 

a fishing year, then during the following 

fishing year, the Assistant Administrator 

for Fisheries (AA) will file a notification 

with the Office of the Federal Register 

to state that both the commercial and 

recreational sectors will not have an 

increase in their respective sector ACLs 

during that following fishing year. 

Additionally, this rule would establish 

sector specific ACLs for the red grouper 

commercial and recreational sectors. 

The commercial sector ACLs would be 

284,680 lb (129,129 kg) for 2012, 

315,920 lb (143,299 kg) for 2013, and 

343,200 lb (155,673 kg) for 2014 and 

subsequent fishing years. The 

recreational sector ACLs would be 

362,320 lb (164,346 kg) for 2012, 

402,080 lb (182,380 kg) for 2013, and 

436,800 lb (198,129 kg) for 2014 and 

subsequent fishing years. 

This rule would implement in-season 

commercial and recreational sector AMs 

for red grouper. If NMFS-estimated 

commercial or recreational landings for 

red grouper reach or are projected to 

reach the applicable ACL, then NMFS 

would file a notification with the Office 

of the Federal Register to close the 

commercial or recreational sector, as 

applicable, for the remainder of the 

fishing year. 

This rule would also implement 

overage adjustments for red grouper. If 

commercial or recreational landings for 

red grouper exceed the applicable ACL, 

NMFS would file a notification with the 

Office of the Federal Register to reduce 

the applicable ACL the following fishing 

year by the amount of the overage in the 

prior fishing year. In particular, overage 

adjustments are needed for red grouper 

to follow guidance for stocks and stock 

complexes in rebuilding plans that 

ensure rebuilding occurs within the 

specified timeframe. 

Measures Contained in Amendment 24 

That Are Not in This Proposed Rule 

Amendment 24 also contains actions 

that are not specifically addressed 

through this rulemaking. These items 

include revising the definitions of 

management thresholds for South 

Atlantic red grouper, establishing a red 

grouper rebuilding plan, specifying 

commercial and recreational sector 

allocations, and establishing a 

recreational sector annual catch target 

(ACT). 

Modify the Current Definitions for 

Management Thresholds 

Definitions of MSY, OY, and 

minimum stock size threshold (MSST) 

were set for red grouper in Amendment 

11 to the FMP. The Council is revising 

these definitions based upon the most 

recent scientific information. 

Amendment 24 would specify the MSY 

value for red grouper equal to 1.11 

million lb (503,488 kg). The OY would 

be set equal to the Acceptable Biological 

Catch (ABC) and ACL. The MSST, 

which is the overfished definition, 

would be changed. The current MSST 

definition specifies MSST at a level 

reduced from the spawning stock 

biomass when fishing at the MSY level. 

The level to be reduced depends on the 

natural mortality rate of the stock. 

Amendment 24 would change the MSST 

definition to 75 percent of the spawning 

stock biomass when fishing at the MSY 

level. 

Red Grouper Rebuilding Plan 

The Council selected a 10-year 

rebuilding plan for red grouper in 

Amendment 24. This is the maximum 

time frame allowed under the 

Magnuson-Stevens Act. However, 

because the Council intends to manage 

the stock using the fishing mortality at 

OY yield stream, the stock is projected 

to have an 81 percent chance of 

rebuilding in 10 years, greater than the 

70 percent probability recommended by 

the Council’s SSC. Given management 

uncertainties and uncertainties 

regarding stock assessment projections 

more than a few years in the future, a 

10-year rebuilding plan would allow for 

fluctuations in catches and provide 

leeway to account for the needs of 

fishing communities when setting catch 

levels and management measures. 

Red Grouper Commercial and 

Recreational Sector Allocations 

Amendment 24 would implement red 

grouper sector allocations for the 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 62 / Friday, March 30, 2012 / Proposed Rules 19171 

commercial and recreational sectors. 

The Council has decided that sector 

specific ACLs and AMs are important 

components of red grouper management 

as each sector differs in its scientific and 

management uncertainty. The allocation 

of red grouper among the commercial 

and recreational sectors is 44 percent 

and 56 percent, respectively. The 

allocations were determined by using 50 

percent of the average combined 

commercial and recreational landings 

from 1986 through 2008, in addition to 

using 50 percent of average combined 

landings from 2006 through 2008. This 

proposed rule would implement ACLs 

for the red grouper commercial and 

recreational sectors based on this 

allocation. 

Red Grouper Recreational ACT 

Amendment 24 would establish ACTs 

for the red grouper recreational sector. 

The ACT is the amount of annual catch 

of a stock or stock complex that is the 

management target of the fishery and 

accounts for management uncertainty in 

controlling the actual catch below the 

ACL so that the ACL is not exceeded. 

The recreational ACTs would be equal 

to the greater of either half of the 

recreational ACL or a portion of the 

recreational ACL, dependent on the 

precision of the recreational catch 

estimates. The recreational ACTs 

established through Amendment 24 

would be 271,740 lb (123,259 kg) for 

2012, 301,560 lb (136,785 kg) for 2013, 

and 327,600 lb (148,597 kg) for 2014 

and subsequent fishing years. If, in the 

future, the Council chose to limit 

recreational harvest to the recreational 

ACT, which would serve as an in-season 

AM for the recreational sector, 

establishing the ACT lower than the 

recreational ACL would also reduce or 

eliminate the need to close or 

implement post-season recreational 

AMs that are meant to correct for an 

ACL overage. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the AA has 

determined that this proposed rule is 

consistent with Amendment 24, 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 

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 specify a 

total red grouper ACL as equal to ABC 

and ABC equal to OY. This proposed 

rule would allocate the total ACL into 

44 percent for the commercial sector 

and 56 percent for the recreational 

sector. This rule would also remove the 

commercial and recreational combined 

ACLs for black grouper, red grouper, 

and gag as well as the commercial and 

recreational AMs associated with the 

combined ACLs for the three species. 

The actual levels of the commercial and 

recreational ACLs are contained at the 

beginning of this section in the 

preamble and in the SUMMARY section of 

the preamble. 

This proposed rule would implement 

in-season commercial and recreational 

sector AMs for red grouper. If 

commercial and recreational landings 

for red grouper reach or are projected to 

reach the applicable ACL, then NMFS 

would file a notification with the Office 

of the Federal Register to close the 

commercial and recreational sectors for 

the remainder of the fishing year. 

This proposed rule would also 

implement overage adjustments for red 

grouper. If NMFS estimated commercial 

or recreational landings for red grouper 

exceed the applicable ACL, NMFS 

would file a notification with the Office 

of the Federal Register to reduce the 

applicable ACL the following fishing 

year by the amount of the overage in the 

prior fishing year. In particular, overage 

adjustments are needed for red grouper 

to follow Magnuson-Stevens Act 

guidance for stocks and stock complexes 

in rebuilding plans to include overage 

adjustments that reduce the ACLs in the 

next fishing year following an ACL 

overage. 

Amendment 24 would establish a 

recreational ACT equal to the greater of 

either half of the recreational ACL or a 

portion of the recreational ACL, 

dependent on the estimate of precision 

of the recreational catch. 

The intent of this proposed rule and 

Amendment 24 is to develop and 

implement a rebuilding plan to end 

overfishing and rebuild the spawning 

stock of red grouper by establishing a 

rebuilding schedule and a rebuilding 

strategy; specifying or re-specifying 

ABC, commercial/recreational 

allocation, ACLs and OY; and 

establishing ACTs for the recreational 

sector and AMs for the commercial and 

recreational sectors. Amendment 24 

would also redefine MSY and MSST. 

The Magnuson-Stevens Act provides 

the statutory basis for the proposed rule. 

No duplicative, overlapping, or 

conflicting Federal rules have been 

identified. 

The proposed rule is expected to 

directly affect commercial fishers and 

for-hire operators. The Small Business 

Administration has 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 it is independently owned 

and operated, is not dominant in its 

field of operation (including its 

affiliates), and has combined annual 

receipts not in excess of $4.0 million 

(NAICS code 114111, finfish fishing) for 

all its affiliated operations worldwide. 

For for-hire vessels, other qualifiers 

apply and the annual receipts threshold 

is $7.0 million (NAICS code 713990, 

recreational industries). 

From 2005–2009, an annual average 

of 892 vessels with valid permits to 

operate in the commercial snappergrouper fishery landed snapper-grouper, 

generating dockside revenues of 

approximately $13.817 million (2009 

dollars). Each vessel, therefore, 

generated an average of approximately 

$15,500 in gross revenues from snappergrouper. Gross dockside revenues by 

area were distributed as follows: $4.196 

million in North Carolina, $3.612 

million in South Carolina, $3.219 

million in Georgia/East Florida, and 

$2.790 in the west coast of Florida. 

Vessels that operate in the snappergrouper fishery may also operate in 

other fisheries, the revenues of which 

cannot be determined with available 

data and are not reflected in these totals. 

Based on revenue information, all 

commercial vessels affected by the 

proposed action can be considered 

small entities. 

From 2005–2009, an annual average 

of 2,018 vessels had valid permits to 

operate in the snapper-grouper for-hire 

fishery, of which 82 are estimated to 

have operated as headboats. The for-hire 

fleet is comprised 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 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 


srobinson on DSK4SPTVN1PROD with PROPOSALS
19172 Federal Register / Vol. 77, No. 62 / Friday, March 30, 2012 / Proposed Rules 

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 but the 

extent of such activity is unknown, and 

all vessels are treated as independent 

entities in this analysis. For this fleet to 

reach the $4 million threshold, each 

permitted vessel would have to generate 

yearly receipts of approximately 

$333,000. It is not known for certain 

whether this is the case, but it appears 

that such a figure of yearly receipts is 

too high given the above noted average 

gross revenues per vessel. 

The proposed rule is expected to 

directly affect all federally-permitted 

commercial and for-hire vessels that 

operate in the South Atlantic snappergrouper fishery. All directly affected 

entities have been determined, for the 

purpose of this analysis, to be small 

entities. Therefore, it is determined that 

the proposed action will affect a 

substantial number of small entities. 

All entities that are expected to be 

affected by the proposed rule are 

considered small entities, so the issue of 

disproportional effects on small versus 

large entities does not arise in the 

present case. 

The proposed action on the rebuilding 

strategy, ABC, and ACL would result in 

an increase in cumulative commercial 

vessel profits of $990,000 over the first 

7 years of the rebuilding schedule with 

an additional $310,000 generated in 

years 8 through 10, assuming a discount 

rate of 7 percent. The corresponding 

effects on the for-hire vessels would also 

be an increase in cumulative profits but 

the magnitude cannot be estimated 

based on available information. These 

increases in commercial vessel and forhire vessel profits are mainly a result of 

increases in the ACL over time which 

are assumed to be fully harvested. 

To the extent that the proposed action 

for the commercial/recreational 

allocation of total ACL would maintain 

the baseline landings distribution of red 

grouper between the two sectors, no 

profit changes to the commercial or forhire vessels are expected to occur as a 

direct result of the proposed action. 

The proposed action for ACL/OY 

would provide the largest ACL/OY for 

red grouper, so that this proposed action 

may be expected to increase the profits 

of the commercial and for-hire vessels. 

The proposed action eliminating the 

aggregate black grouper, red grouper, 

and gag quota would tend to ensure 

profit increases from the largest ACL/ 

OY alternative for red grouper would be 

realized. 

The proposed action on the 

recreational ACT would have no 

impacts on the profits of for-hire vessels 

in the short term, because this measure 

is not used to trigger AM applications. 

Should this ACT be used in the future 

to trigger AMs, then it may be expected 

to reduce the profits of for-hire vessels. 

The magnitude of such reduction cannot 

be estimated with available information. 

The proposed in-season and postseason AMs for the commercial sector 

are expected to limit the increases in the 

profits of commercial vessels as a result 

of ACL increases especially since the 

most recent landings information 

suggests the proposed series of ACLs 

would likely be exceeded in the near 

future. 

In principle, the proposed in-season 

and post-season AMs for the 

recreational sector are expected to limit 

the increases in profits of for-hire 

vessels as a result of ACL increases. 

However, the most recent (2010) 

recreational harvest of red grouper was 

well below the proposed ACL for the 

recreational sector, suggesting that the 

proposed AM has a low probability of 

being triggered in the near future. In 

effect, the proposed AM for the 

recreational sector may be expected to 

have a low likelihood of affecting the 

profits of for-hire vessels in the near 

future. 

Redefining MSY and MSST and 

establishing a rebuilding schedule for 

red grouper would not alter the current 

harvest or use of the resource and thus 

would not affect the profitability of 

small entities. 

Defining a rebuilding schedule as the 

maximum time to rebuild the stock to 

biomass at MSY would add flexibility in 

designing management measures that 

would have the least short-term effects 

on the profitability of small entities. 

Six alternatives, including the 

preferred alternative, were considered 

for the rebuilding strategy and ABC. The 

first alternative, the no action 

alternative, would not establish a 

rebuilding strategy for red grouper. 

Within a rebuilding strategy, the 

specification of targets and limits, such 

as ACLs is a crucial component of any 

management program involving natural 

resources. Without the designation of 

these components, regulations may not 

be sufficient to prevent overfishing and 

rebuild the stock. The second 

alternative would define a rebuilding 

strategy that sets ABC equal to the yield 

at FREBUILD, which is a fishing mortality 

rate that would have a 70 percent 

probability of rebuilding success to 

biomass at MSY in 10 years. This 

alternative would provide the best 

profitability scenario for the commercial 

and for-hire vessels over the entire 

rebuilding timeframe. However, it 

would allow a higher fishing mortality 

rate than what would be appropriate if 

the stock was not overfished. Both this 

alternative and the preferred alternative 

would maintain catches at a similar 

level to what they have been in recent 

years, but the preferred alternative is 

more consistent with fishing at a level 

that would produce OY. The third 

alternative would define a rebuilding 

strategy that sets ABC equal to the yield 

at 65 percent of FMSY. This alternative 

would likely result in lower profits to 

small entities than the preferred 

alternative, because it would require 

more restrictive management measures. 

The fourth alternative would define a 

rebuilding strategy that sets ABC equal 

to the yield at FREBUILD, which is a 

fishing mortality rate that would have a 

70 percent probability of rebuilding 

success to biomass at MSY in 7 years. 

This alternative would likely result in 

lower profits to small entities than the 

preferred alternative, because it would 

require more restrictive management 

measures. The fifth alternative would 

define a rebuilding strategy that sets 

ABC equal to the yield at FREBUILD, 

which is a fishing mortality rate that 

would have a 70 percent probability of 

rebuilding success to biomass at MSY in 

8 years. This alternative would likely 

result in lower profits to small entities 

than the preferred alternative, because it 

would require more restrictive 

management measures. 

Two alternatives were considered for 

sector allocation, with one alternative 

being the no action alternative which 

would not establish sector allocation 

and the second would establish sector 

allocation. The no action alternative 

would not allow specification of sector 

ACLs and corresponding AMs, such that 

both sectors would be accountable for 

any ACL overages even if there is only 

one sector responsible for an ACL 

overage. Under the second alternative, 

five sub-alternatives including the 

preferred sub-alternative were 

considered. The first sub-alternative 

would establish a 52 percent 

commercial and 48 percent recreational 

allocation; the second sub-alternative, 

54 percent commercial and 46 percent 

recreational allocation; the third subalternative, 49 percent commercial and 

51 percent recreational allocation; and, 

the fourth sub-alternative, 41 percent 

commercial and 59 percent recreational 

allocation. All of these alternatives, 

including the preferred alternative, 


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would base the allocation ratio solely on 

a sector distribution of landings. No 

economic valuation was considered due 

to the absence of sufficient information. 

In terms of effects on the profits of small 

entities, the general nature of the 

various allocation alternatives is to favor 

one sector over another. The higher the 

allocation to one sector, the higher 

would be the profit potential to that 

sector and the lower would be the profit 

potential to the other sector. Among the 

alternatives, the preferred alternative 

was found to have neutral effects on 

profits on both the commercial and forhire vessels, because the resulting 

allocation would be the same as the 

historical sector distribution of landings 

used as the baseline landings 

distribution. 

Six alternatives, including the three 

preferred alternatives, were considered 

for ACL and OY. The three preferred 

alternatives are not mutually exclusive 

but are rather complementary to one 

another. The first alternative, the no 

action alternative, would not establish a 

specific ACL for red grouper. This 

alternative would not allow for specific 

management actions to address the 

overfished/overfishing status of the red 

grouper stock. The second alternative 

would specify an ACL for red grouper 

equal to OY and OY equal to 90 percent 

of ABC. This alternative would result in 

lower profit potential to small entities 

than the preferred alternative. The third 

alternative would specify an ACL for 

red grouper equal to OY and OY equal 

to 80 percent of ABC. This alternative 

would result in lower profit potential to 

small entities than the preferred 

alternative. 

Three alternatives, including the 

preferred alternative, were considered 

for the commercial sector ACT. The first 

and second alternatives would set the 

commercial ACT equal to 90 percent 

and 80 percent of commercial ACL, 

respectively. If ACTs were used to 

trigger AM applications, these two 

alternatives would result in lower 

profits to small entities than the 

preferred alternative. The Council chose 

not to establish a commercial ACT (no 

action alternative) because the current 

method to track commercial harvests is 

adequate to determine whether the 

commercial ACL is met or projected to 

be met. 

Four alternatives, including the 

preferred alternative, were considered 

for the recreational ACT. The first 

alternative, the no action alternative, 

would not specify a recreational ACT 

for red grouper. This alternative would 

not allow consideration of management 

uncertainty which is deemed high in the 

recreational sector. Without 

consideration of management 

uncertainty, the probability of exceeding 

the ACL would be relatively high, 

increasing the probability of 

implementing more stringent 

management measures. The second and 

third alternatives would specify a 

recreational ACT equal to 85 percent 

and 75 percent of the recreational ACL, 

respectively. The second alternative 

would likely result in the same effects 

on the short-run profits of small entities 

as the preferred alternative. The third 

alternative would likely result in lower 

profits to small entities than the 

preferred alternative. These short-run 

effects of the ACT alternatives assume 

that ACTs would be used in the future 

to trigger AM applications. 

Three alternatives, including the two 

preferred alternatives, were considered 

for the commercial AM. The two 

preferred alternatives are not mutually 

exclusive but rather complementary to 

one another. The only alternative to the 

preferred alternatives is the no action 

alternative, which would not specify a 

commercial AM for red grouper. This 

alternative would retain the current 

commercial AM specified for the group 

of species consisting of red grouper, 

black grouper, and gag. This particular 

AM could be either more or less 

restrictive than the preferred AM 

alternatives specified for red grouper, 

but it would not allow implementing 

management measures that would 

specifically address the overfished and 

undergoing overfishing condition of the 

red grouper stock. In addition, the 

current AM for the aggregate species of 

red grouper, black grouper, and gag does 

not provide for post-season AMs. The 

lack of post-season AMs under the no 

action alternative would result in higher 

short-term profits to small entities than 

the preferred alternative. However, there 

is an expectation that the long-term 

profit environment would be better 

under the preferred alternatives because 

they would provide for higher ACLs 

over time, and therefore higher profits 

on a more sustainable basis. It should 

also be noted that a separate commercial 

sector ACL/AM for black grouper will 

be implemented through the 

Comprehensive ACL Amendment 

(proposed rule published on December 

1, 2011, 76 FR 74757), negating the need 

for the aggregate species ACL/AM. 

Four alternatives were considered for 

the recreational AM. The first 

alternative is the no action alternative 

which would not set a specific 

recreational AM for red grouper. This 

alternative would retain the current 

recreational AM specified for the group 

of species consisting of red grouper, 

black grouper, and gag. This particular 

AM could be either more or less 

restrictive than the preferred AM 

alternatives specified for red grouper, 

but it would not allow implementing 

management measures that would 

specifically address the overfished/ 

overfishing condition of the red grouper 

stock. It should also be noted that a 

separate recreational sector ACL/AM for 

black grouper will be implemented 

through the Comprehensive ACL 

Amendment, negating the need for the 

aggregate species ACL/AM. 

The second alternative would specify 

a recreational sector AM trigger and 

includes five sub-alternatives, including 

the preferred sub-alternative. The first 

sub-alternative would not specify a 

recreational sector AM trigger. This subalternative would likely result in higher 

profits to small entities than the 

preferred sub-alternative. However, it 

would not address the overfished/ 

overfishing condition of red grouper. 

The second sub-alternative specifies 

that AM would be triggered if the mean 

recreational landings for the past 3 years 

exceed the recreational ACL. The profit 

environment for small entities under 

this sub-alternative may be lower or 

higher than that of the preferred subalternative, depending on whether the 

trend in landings is upward or 

downward. 

The third sub-alternative specifies 

that the AM would be triggered if the 

modified mean (highest and lowest 

landings dropped) landings for the past 

5 years exceed the recreational sector 

ACL. This sub-alternative would have 

the same effects on profitability as the 

second sub-alternative, although the 

magnitude may be lower. The fourth 

sub-alternative specifies that the AM 

would be triggered if the lower bound 

of the 90 percent confidence interval 

estimate of the Marine Recreational 

Fishing Statistical Survey landings’ 

population mean plus headboat 

landings is greater than the recreational 

ACL. This sub-alternative is likely to 

produce the same effects on profitability 

as the first sub-alternative, but the 

magnitude could be lower or higher. 

The third alternative for a recreational 

sector AM would specify a recreational 

sector in-season AM and includes two 

sub-alternatives, of which one is the 

preferred sub-alternative. The only subalternative to the preferred alternative is 

the no action alternative which would 

not specify a recreational in-season AM. 

This alternative would result in higher 

short-term profits to small entities, but 

it would not constrain recreational 

fishing pressure and thus would not aid 

in addressing the overfished/overfishing 

condition for red grouper. 


srobinson on DSK4SPTVN1PROD with PROPOSALS
19174 Federal Register / Vol. 77, No. 62 / Friday, March 30, 2012 / Proposed Rules 

The fourth alternative for a 

recreational sector AM would specify a 

recreational sector post-season AM if 

the current fishing year’s recreational 

sector ACL is exceeded, and includes 

seven sub-alternatives, of which one is 

the preferred sub-alternative. The first 

sub-alternative would not specify a 

recreational sector post-season AM. This 

sub-alternative would result in higher 

short-term profits to small entities than 

the preferred alternative, although the 

expectation is for long-term profitability 

to better under the preferred subalternative. The second sub-alternative 

would compare the recreational sector 

ACL with the 2011 landings for 2011, 

with the mean 2011 and 2012 landings 

for 2012, and mean landings of the most 

recent 3 years for 2013 and beyond for 

triggering a post-season AM. This subalternative may or may not have the 

same sort of effects on profitability as 

the preferred alternative, depending on 

the specific AM measure that would be 

implemented. 

The third sub-alternative specifies 

monitoring the following year’s landings 

for persistence in increased landings, 

with the Regional Administrator (RA) 

taking management actions as 

necessary. This sub-alternative would 

likely result in the lower adverse effects 

on short-term profits than the preferred 

alternative, although the actual effects 

would depend on the type of 

restrictions that would be imposed by 

the RA. The fourth sub-alternative 

specifies monitoring the following 

year’s landings for persistence in 

increased landings, with the RA 

publishing a notice in the Federal 

Register to reduce the recreational 

fishing season as necessary. This subalternative would likely result in less 

adverse effects on short term profits 

than the preferred sub-alternative to the 

extent that post-season AM may not be 

imposed depending on how persistent 

the upward trend in landings would be. 

If a post-season AM were necessary, this 

sub-alternative could still result in 

higher profits than the preferred 

alternative since it would set a specific 

red grouper recreational season closure 

date, allowing for-hire vessels to make 

the necessary changes in their 

operations. 

The fifth sub-alternative specifies 

monitoring the following year’s landings 

for persistence in increased landings, 

with the RA publishing a notice in the 

Federal Register to reduce the 

recreational bag limit as necessary to 

prevent harvest from exceeding the 

recreational ACL. This sub-alternative 

would likely result in less adverse 

effects on short term profits than the 

preferred sub-alternative to the extent 

that post-season AMs may not be 

imposed depending on how persistent 

the upward trend in landings would be. 

If a post-season AM were necessary, this 

sub-alternative could still result in 

higher profits than the preferred 

alternative since it would allow for-hire 

vessels to operate year round, although 

at lower bag limits. The sixth subalternative specifies that the RA publish 

a notice in the Federal Register to 

reduce the following year’s recreational 

fishing season to ensure landings do not 

exceed the following fishing season’s 

recreational ACL. There is a good 

possibility that this sub-alternative 

would result in the same fishing season 

length as the preferred alternative, 

assuming no significant changes in 

effort would occur in the following 

fishing year. It is possible that other 

measures, like a bag limit reduction, 

may be employed under the preferred 

alternative to effect a longer season that 

would provide more fishing 

opportunities. Whichever of these two 

sub-alternatives can provide more 

fishing opportunities may be considered 

better than the other from the 

standpoint of profits to small entities. 

Two alternatives, including the 

preferred alternative, were considered 

for redefining MSY. The first 

alternative, the no action alternative, 

would retain the definition of MSY 

which would not reflect the conclusions 

of the latest stock assessment. This 

alternative, like the preferred 

alternative, would not directly affect the 

profitability of small entities. 

Five alternatives, including the 

preferred alternative, were considered 

for redefining MSST. The first 

alternative, the no action alternative, 

would retain the definition of MSST as 

equal to natural mortality (M) times the 

biomass at MSY. The second alternative 

would set MSST equal to 50 percent of 

biomass at MSY. The third alternative 

would set MSST equal to 85 percent of 

biomass at MSY. The fourth alternative 

would set MSST as the minimum stock 

size at which rebuilding to MSY would 

be expected to occur within 10 years at 

the maximum fishing mortality 

threshold level. All these alternatives, 

like the preferred alternative, would not 

directly affect the profitability of small 

entities. 

Five alternatives, including the 

preferred alternative, were considered 

for the rebuilding schedule. The first 

alternative, the no action alternative, 

would not implement a rebuilding 

schedule. This alternative would not 

comply with Magnuson-Stevens Act 

requirement to rebuild an overfished red 

grouper stock. The second, third, and 

fourth alternatives would establish a 

rebuilding period of 3 years (shortest), 7 

years, and 8 years, respectively. These 

other alternatives would provide for a 

shorter rebuilding timeframe than the 

preferred alternative, and thus may be 

expected to restrict the flexibility in 

designing management measures that 

would minimize the economic effects 

on the profits of small entities. 

List of Subjects in 50 CFR Part 622 

Fisheries, Fishing, Puerto Rico, 

Reporting and recordkeeping 

requirements, Virgin Islands. 

Dated: March 27, 2012. 

Alan D. Risenhoover, 

Acting Deputy Assistant Administrator for 

Regulatory Programs, 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. 

§ 622.42 [Amended] 

2. In § 622.42, paragraph (e)(8) is 

removed. 

3. In § 622.43, paragraph (a)(5)(iii) is 

revised to read as follows: 

§ 622.43 Closures. 

(a) * * * 

(5) * * * 

(iii) For gag, when the appropriate 

commercial quota is reached, the 

provisions of paragraph (a)(5)(i) and (ii) 

of this section apply to gag and all other 

SASWG. 

* * * * * 

4. In § 622.49, paragraph (b)(4) is 

revised to read as follows: 

§ 622.49 Annual Catch Limits (ACLs) and 

Accountability Measures (AMs). 

* * * * * 

(b) * * * 

(4) Red grouper—(i) Commercial 

sector. (A) If commercial landings for 

red grouper, as estimated by the SRD, 

reach or are projected to reach the 

applicable ACL in paragraph (b)(4)(i)(C) 

of this section, 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. On and after the effective date of 

such a notification, all sale or purchase 

of red grouper is prohibited and harvest 

or possession of this species in or from 

the South Atlantic EEZ is limited to the 

bag and possession limit. This bag and 

possession limit applies in the South 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 62 / Friday, March 30, 2012 / Proposed Rules 19175 

Atlantic on board a vessel for which a 

valid Federal charter vessel/headboat 

permit for South Atlantic snappergrouper has been issued, without regard 

to where such species were harvested, 

i.e. in state or Federal waters. 

(B) If commercial landings exceed the 

ACL, 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. 

(C) The applicable commercial ACLs, 

in round weight, are 284,680 lb (129,129 

kg) for 2012, 315,920 lb (143,299 kg) for 

2013, and 343,200 lb (155,673 kg) for 

2014 and subsequent fishing years. 

(ii) Recreational sector. (A) If 

recreational landings for red grouper, as 

estimated by the SRD, are projected to 

reach the applicable ACL in paragraph 

(b)(4)(ii)(C) of this section, 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 snappergrouper has been issued, without regard 

to where such species were harvested, 

i.e. in state or Federal waters. 

(B) If recreational landings for red 

grouper, as estimated by the SRD, 

exceed the applicable 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. 

(C) The applicable recreational ACLs, 

in round weight, are 362,320 lb (164,346 

kg) for 2012, 402,080 lb (182,380 kg) for 

2013, and 436,800 lb (198,129 kg) for 

2014 and subsequent fishing years. 

(iii) Without regard to overfished 

status, if the combined commercial and 

recreational sector ACL (total ACL), as 

estimated by the SRD, is exceeded in a 

fishing year, then during the following 

fishing year, an automatic increase will 

not be applied to the commercial and 

recreational sector ACLs during that 

following fishing year. The SRD will 

evaluate the landings data to determine 

whether or not an increase in the 

respective sector ACLs will be applied. 

The applicable combined commercial 

and recreational sector ACLs, in round 

weight are 647,000 lb (293,474 kg) for 

2012, 718,000 lb (325,679 kg) for 2013, 

and 780,000 lb (353,802 kg) for 2014 

and subsequent fishing years. 

(A) Following an overage of the total 

ACL, if there is no overage the following 

fishing year, the SRD will evaluate the 

landings data to determine whether or 

not an increase in the respective sector 

ACLs will be applied. 

(B)[Reserved] 

* * * * * 

[FR Doc. 2012–7721 Filed 3–29–12; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

RIN 0648–XA920 

Atlantic Highly Migratory Species; 

2012 Atlantic Bluefin Tuna Quota 

Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public hearings. 

SUMMARY: On March 16, 2012, NMFS 

published a proposed rule to establish 

2012 BFT quota specifications, and 

announced that public hearings would 

be scheduled in a future notice. In this 

notice NMFS is announcing public 

hearings in Gloucester, MA, and Silver 

Spring, MD, in order to provide greater 

opportunity for public comment on the 

proposed rule. 

DATES: A hearing will be held on April 

4, 2012, from 2 to 4 p.m. in Gloucester, 

MA, and a hearing will be held on April 

10, 2012, from 2:30 to 4 p.m. in Silver 

Spring, MD. Public comments on the 

proposed rule must be received on or 

before April 16, 2012. See 

SUPPLEMENTARY INFORMATION for further 

details. 

ADDRESSES: As published on March 16, 

2012 (77 FR 15712), you may submit 

comments, identified by ‘‘NOAA– 

NMFS–2012–0048’’, by any one of the 

following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. To submit 

comments via the e-Rulemaking Portal, 

first click the ‘‘submit a comment’’ icon, 

then enter ‘‘NOAA–NMFS–2012–0048’’ 

in the keyword search. Locate the 

document you wish to comment on 

from the resulting list and click on the 

‘‘Submit a Comment’’ icon on the right 

of that line. 

• Fax: 978–281–9340, Attn: Sarah 

McLaughlin. 

• Mail: Sarah McLaughlin, Highly 

Migratory Species Management 

Division, Office of Sustainable Fisheries 

(F/SF1), NMFS, 55 Great Republic 

Drive, Gloucester, MA 01930. 

• Instructions: Comments must be 

submitted by one of the above methods 

to ensure that the comments are 

received, documented, and considered 

by NMFS. Comments sent by any other 

method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered. All comments received are 

a part of the public record and will 

generally be posted for public viewing 

on http://www.regulations.gov without 

change. All personal identifying 

information (e.g., name, address, etc.) 

submitted voluntarily by the sender will 

be publicly accessible. Do not submit 

confidential business information, or 

otherwise sensitive or protected 

information. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word or Excel, WordPerfect, or Adobe 

PDF file formats only. 

Supporting documents, including the 

2011 Environmental Assessment, 

Regulatory Impact Review, and Final 

Regulatory Flexibility Analysis, as well 

as others, such as the Highly Migratory 

Species Fishery Management Plans may 

be downloaded from the HMS Web site 

at www.nmfs.noaa.gov/sfa/hms/. These 

documents also are available by sending 

your request to Sarah McLaughlin at the 

mailing address specified above. 

The public hearing locations are: 

1. Gloucester, MA—NMFS, 55 Great 

Republic Drive, Gloucester, MA 01930. 

2. Silver Spring, MD—NMFS Science 

Center, 1301 East-West Highway, Silver 

Spring, MD 20910. 

FOR FURTHER INFORMATION CONTACT: 

Sarah McLaughlin or Brad McHale, 

978–281–9260. 

SUPPLEMENTARY INFORMATION: Atlantic 

bluefin tuna, bigeye tuna, albacore tuna, 

yellowfin tuna, and skipjack tuna 

(hereafter referred to as ‘‘Atlantic 

tunas’’) are managed under the dual 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) and the 

Atlantic Tunas Convention Act (ATCA). 

As an active member of the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT), 

the United States implements binding 

ICCAT recommendations to comply 

with this international treaty. ATCA 

authorizes the Secretary of Commerce 

(Secretary) to promulgate regulations, as 

may be necessary and appropriate, to 

implement ICCAT recommendations. 

The authority to issue regulations under 

the Magnuson-Stevens Act and ATCA 


srobinson on DSK4SPTVN1PROD with PROPOSALS