19944 Federal Register / Vol. 77, No. 64 / Tuesday, April 3, 2012 / Rules and Regulations 

Management and Budget. The 

Department has determined that the 

requirements of Title II of the Unfunded 

Mandates Reform Act of 1995 do not 

apply to this document. 

List of Subjects in 49 CFR Part 10 

Privacy. 

In consideration of the foregoing, DOT 

amends Part 10 of Title 49, Code of 

Federal Regulations, as follows: 

PART 10—[AMENDED] 

■ 1. The authority citation for part 10 

continues to read as follows: 

Authority: 5 U.S.C. 552a; 49 U.S.C. 322. 

■ 2. The appendix to part 10 is amended 

by republishing Part II, A introductory 

text and adding paragraph 9 to read as 

follows: 

Appendix to Part 10—Exemptions. 

* * * * * 

Part II. Specific Exemptions 

A. The following systems of records 

are exempt from subsection (c)(3) 

(Accounting of Certain Disclosures), (d) 

(Access to Records), (e)(4)(G), (H), and 

(I) (Agency Requirements), and (f) 

(Agency Rules) of 5 U.S.C. 552a, to the 

extent that they contain investigatory 

material compiled for law enforcement 

purposes, in accordance 5 U.S.C. 

552a(k)(2): 

* * * * * 

9. Departmental Office of Civil Rights 

System (DOCRS). 

* * * * * 

Issued in Washington, DC, on February 22, 

2012. 

Nitin Pradhan, 

Chief Information Officer. 

[FR Doc. 2012–7980 Filed 4–2–12; 8:45 am] 

BILLING CODE 4910–62–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 120316196–2195–01] 

RIN 0648–BB89 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Northeast 

Multispecies Fishery; Interim Action 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; interim 

measures; request for comments. 

SUMMARY: This temporary rule 

implements interim Gulf of Maine 

(GOM) Atlantic cod (cod) management 

measures for the 2012 fishing year. This 

action is necessary to: Establish GOM 

cod Annual Catch Limits (ACLs); 

implement recreational management 

measures that will constrain catch to the 

recreational sub-ACL; and reduce 

overfishing occurring on GOM cod in 

anticipation of further action to end 

overfishing in fishing year 2013. 

DATES: Effective May 1, 2012, until 

September 30, 2012; comments must be 

received by June 4, 2012. 

ADDRESSES: You may submit comments 

on this document, identified by 

‘‘NOAA–NMFS–2012–0045,’’ by any of 

the following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal 

www.regulations.gov. To submit 

comments via the e-Rulemaking Portal, 

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

then enter NOAA–NMFS–2012–0045 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. 

• Mail: Submit written comments to 

Daniel Morris, Acting Regional 

Administrator, 55 Great Republic Drive, 

Gloucester, MA 01930. 

• Fax: (978) 281–9135. 

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 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. 

Copies of the supplemental 

environmental assessment (EA) 

prepared for this action by NMFS are 

available from Daniel Morris, Acting 

Regional Administrator, 55 Great 

Republic Drive, Gloucester, MA 01930. 

The supplemental EA is accessible via 

the Internet at http:// 

www.nero.noaa.gov. A copy of the most 

recent stock assessment for GOM cod is 

also accessible via the Internet at http:// 

www.nefsc.noaa.gov/groundfish. 

FOR FURTHER INFORMATION CONTACT: 

Michael Ruccio, Fishery Policy Analyst, 

phone: 978–281–9104. 

SUPPLEMENTARY INFORMATION: 

Plain Language Executive Summary 

A recent assessment of the amount of 

cod found in the GOM was finalized in 

January 2012. The results are 

substantially different from those from a 

similar examination conducted in 2008. 

The new assessment concludes that 

GOM cod are ‘‘overfished,’’ meaning 

there is a lower amount of fish than 

necessary to sustain the population over 

the long term. It also concludes that 

GOM cod are subject to ‘‘overfishing,’’ 

meaning fishing activities are removing 

too many fish from the sea to sustain the 

population. The required population 

and fishing-related removal levels are 

set for GOM cod under a fishery 

management plan developed by the 

New England Fishery Management 

Council (Council) in collaboration with 

NMFS. This plan is designed to satisfy 

requirements of the primary law 

governing U.S. fisheries—the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). 

The new assessment indicates that 

increasing GOM cod to the rebuilding 

stock size target is not possible by 2014, 

even if no cod are harvested by fisheries 

between now and then. Based on the 

information in the new assessment, 

NMFS has determined that the GOM 

cod rebuilding program is not making 

adequate progress toward building the 

stock to the required size. NMFS has 

notified the Council of this finding. 

Based on this notification and in 

accordance with Magnuson-Stevens Act 

requirements, the Council must revisit 

the GOM cod rebuilding plan and revise 

it within the next two years so that the 

recovery effort is back on track. NMFS 

also advised the Council that there is 

some limited flexibility the agency may 

use to reduce, rather than end, 

overfishing on GOM cod for up to one 

year. The Council had originally 

intended to use the new assessment 

information and recommend measures 

for fishing year 2012 (May 1, 2012–April 

30, 2013). However, the Council elected 

not to do so, based on concerns about 

the new assessment. Instead, the 

Council has asked NMFS to implement 

interim measures for the fishing year, 


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under its authorization to do so 

provided by section 305(c) of the 

Magnuson-Stevens Act. 

In response to the Council’s request, 

NMFS has decided that it is necessary 

and appropriate to implement this 

interim action to address overfishing of 

GOM cod using NMFS’ authority in the 

Magnuson-Stevens Act (see Justification 

for Interim Action section later in this 

preamble for additional detail). In 

anticipation of implementing an interim 

rule, NMFS held several meetings with 

the Council, stakeholders, and 

interested parties. The objective of these 

meetings was to help identify fishing 

measures for the 2012 fishing year that 

will reduce overfishing. The measures 

implemented by this interim rule reduce 

GOM cod catch levels available to 

fishermen by approximately 17 percent 

from 2010 catch levels and 22 percent 

from 2011 catch levels, reduce the rate 

of fishing mortality by approximately 23 

percent from the 2010 rate and 

approximately 4 percent from the 2011 

rate, and therefore are consistent with 

Magnuson-Stevens Act requirements. 

These measures are based, in part, on 

the input from the meetings and are 

intended to reduce the magnitude of 

negative economic impact to fishery 

participants, fishery-dependent 

businesses, and coastal communities in 

New England in comparison to taking a 

more strict action to achieve reductions 

from 2010 catch levels by 84 percent 

and from 2011 catch levels by 85 

percent that would be necessary to end 

overfishing. 

This action implements catch levels 

and recreational management measures 

designed to reduce rather than end 

overfishing on the GOM cod stock in 

fishing year 2012. The Council intends 

to revisit the stock’s rebuilding plan 

over the next two years and to develop 

measures to end overfishing on GOM 

cod starting in fishing year 2013 (May 

1, 2013–April 30, 2014). 

This interim rule implements a total 

GOM cod total annual catch limit (ACL) 

of 6,700 mt and divides this catch limit 

among the fishery as follows: Sectors, 

3,618 mt, with an additional 471 mt as 

carryover; Common Pool, 81 mt; 

Recreational, 2,215 mt; State Waters, 

253 mt; and Other Sub-component, 62 

mt. This rule also implements a 19-inch 

(48.26-cm) minimum fish size for 

recreationally caught GOM cod and a 

recreational possession limit of 9 fish 

per angler. This rule is effective for 180 

days. 

NMFS is requesting comment on 

these interim measures in anticipation 

of extending the measures this fall to 

ensure measures are in place for the 

entire 2012 fishing year. Further, in 

response to public input, additional 

analysis is planned during 2012 to reexamine some components of the recent 

stock assessment. NMFS cannot predict 

how this additional analysis may 

influence what is known about the size 

and condition of the GOM cod 

population. It is possible that changes to 

measures may be necessary to respond 

to comments or new information when 

catch and management measures are 

extended this fall. 

Additional detail is provided in the 

remainder of the preamble to this rule. 

Background 

The Northeast (NE) Multispecies 

Fishery Management Plan (FMP) 

specifies management measures for 16 

fish species that occur in Federal waters 

off the New England and Mid-Atlantic 

coasts. Cod, along with haddock, 

yellowtail flounder, pollock, American 

plaice, witch flounder, white hake, 

windowpane flounder, Atlantic halibut, 

winter flounder, redfish, and Atlantic 

wolffish are referred to as ‘‘regulated 

species,’’ in that they are subject to large 

mesh size requirements through the 

FMP. These regulated species are jointly 

managed by the Council and NMFS. 

Several of the regulated species are 

further subdivided into 19 separate 

stocks. These stocks, along with ocean 

pout, form the groundfish fishery 

complex managed under the FMP. 

There are two recognized stocks of cod 

in the U.S. portion of the North Atlantic: 

GOM and George’s Bank. 

Rebuilding Program and Stock 

Assessment Information 

Amendment 13 to the FMP, 

developed by the Council and 

implemented by NMFS, established a 

program designed to rebuild the GOM 

cod stock from low population levels. 

This program, implemented in 2004 (69 

FR 22906; April 27, 2004), was designed 

to rebuild the GOM cod stock in 10 

years, by May 1, 2014. 

Comprehensive assessments of the 

GOM cod stock were conducted in 2005, 

2008, and most recently in December 

2011 (published in January 2012). The 

2008 assessment, conducted by NMFS’ 

Northeast Fisheries Science Center 

(NEFSC) in collaboration with state 

agency scientists, academia, and 

industry-hired consultants, and 

externally peer-reviewed by the Center 

for Independent Experts, indicated that 

the GOM cod stock was likely to rebuild 

by 2014, consistent with the rebuilding 

plan. 

The new assessment, conducted 

through a similar collaborative and 

peer-review process, provided a new 

and significantly revised scientific 

understanding of the status of GOM cod. 

The most recent assessment indicates 

that rebuilding the stock to the biomass 

target of 61,218 mt would not be 

possible by 2014 even in the absence of 

all fishing mortality. Additionally, this 

assessment indicates that the stock is 

subject to continued overfishing and is 

overfished. Because the most recent 

assessment provides a substantially 

changed perspective for the status of 

GOM cod, the inability to adequately 

rebuild the stock is the fault of neither 

the Council nor fishery participants. 

Additional detail on all the GOM 

stock assessments, including the most 

recent assessment results, are available 

on the NEFSC stock assessment-related 

Web site (http://www.nefsc.noaa.gov/ 

nefsc/saw/) and are not further 

summarized here. 

Implications of New Assessment 

Information 

Based on the new assessment, the 

fishing mortality rate (F) on GOM cod in 

2010 was 1.14. Based on the Council’s 

Plan Development Team (PDT) analysis, 

the current projection indicates F for 

2011 is 0.92. The overfishing threshold 

calculated by the assessment is an F of 

0.2; thus to end overfishing, the F rate 

would need to be reduced by at least 82 

percent from the 2010 rate and 78 

percent from the 2011 rate to be at or 

below the overfishing threshold. 

The mechanism for reducing F is to 

reduce catch. To achieve the level of 

reduction in F to end overfishing 

immediately (i.e., F = 0.2 or less), the 

assessment calculated that total catch 

limit for fishing year 2012 would need 

to be 1,313 mt, and stock biomass would 

increase to 11,463 mt in 2013. Further, 

the Council established in Amendment 

13 that it would set an F rate at 75 

percent of the overfishing threshold of 

0.2 for an F of 0.15. This 0.15 F rate 

would result in a catch limit of 1,001 mt 

in fishing year 2012, and stock biomass 

would increase to 11,838 mt in 2013. 

Reductions in catch limits of this 

magnitude would end overfishing; 

however, this would have significant 

negative economic impacts to fishery 

participants, fishing-related industries 

in New England, and coastal 

communities in the region. 

Council Process for Fishing Year 2012 

Measures 

The Council was aware that the new 

assessment for GOM cod was being 

conducted in December 2011, and that 

final results from the assessment would 

be available in early 2012. Typically, the 

Council takes final action on 

recommendations for the subsequent 

fishing year in November of the 


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19946 Federal Register / Vol. 77, No. 64 / Tuesday, April 3, 2012 / Rules and Regulations 

preceding year (i.e., November 2011 for 

2012 measures). Because the timing of 

the GOM cod assessment complicated 

the normal process used, the Council 

had included a range of potential catch 

levels in its analysis of Framework 

Adjustment 47 to the FMP (FW47). The 

Council took final action on FW47 in 

November 2011. The Council intended 

to have its PDT and Scientific and 

Statistical Committee (SSC) review the 

assessment results in early 2012 to 

provide advice for a GOM cod 

Acceptable Biological Catch (ABC) for 

fishing year 2012. Subsequently, the 

Council expected to finalize GOM cod 

catch recommendations to NMFS for 

inclusion in the FW47 rulemaking. 

However, as the preliminary GOM 

cod assessment results became 

available, the Council grew concerned 

about the assessment as well as the 

potentially low catch levels that 

appeared to be required for the 2012 

fishing year. It was at this point that 

NMFS began a detailed examination of 

potential options for the fishing year 

and concurrently began meeting with 

the Council and stakeholders. 

Flexibility To Reduce But Not 

Immediately End Overfishing 

When the assessment results were 

finalized in late January 2012, NMFS 

notified the Council, as required by 

section 304(e)(7) of the MagnusonStevens Act, that the GOM cod 

rebuilding program is not making 

adequate progress toward rebuilding the 

stock based on the new and significantly 

revised scientific understanding of the 

stock’s status. Based on this 

determination and subsequent 

notification to the Council, NMFS has 

determined the Secretary of Commerce 

(Secretary) may take interim action for 

up to one year under section 304 (e)(6) 

of the Magnuson-Stevens Act to reduce 

rather than end overfishing on GOM cod 

while the Council revisits the rebuilding 

program. Measures to reduce rather than 

end overfishing must, at a minimum, 

maintain the current GOM cod stock 

size and preferably, should result in an 

increase in the stock size. Further, the 

reduction in overfishing must be 

appreciable. 

In addition, to invoke the flexibility of 

section 304(e)(6) of the MagnusonStevens Act for fishing year 2012, the 

Council must be in the process of 

revising the GOM cod rebuilding 

program for completion within 2 years 

for implementation no later than May 1, 

2014. The Council has stated its intent 

to address the rebuilding needs and 

NMFS anticipates collaborating with the 

Council on the development of stockrebuilding measures over the months to 

come. 

The Secretary may implement 

emergency or interim measures for only 

up to 1 year under the emergency action 

authority provided by section 305(c) of 

the Magnuson-Stevens Act. The Council 

is expected to develop measures to end 

overfishing beginning with the 2013 

fishing year, which starts May 1, 2013. 

Council Recommendation for Fishing 

Year 2012 

Upon receiving the preliminary GOM 

cod assessment results in early 2012, the 

Council asked the SSC not to 

recommend an ABC in part due to 

concerns about the assessment. 

Subsequently, the Council did not 

recommend ABC or ACLs in FW 47 for 

GOM cod. Instead, the Council, relying 

on the notification and flexibility 

measures previously described, voted to 

request of NMFS that it implement an 

interim action to reduce rather than end 

overfishing for fishing year 2012. In 

making this request, the Council 

recommended that NMFS implement 

interim GOM cod catch and recreational 

fishery management measures for the 

2012 fishing year. The Council 

recommended three specific items to 

NMFS for consideration in developing 

and implementing interim measures: 

• Setting a total GOM cod ACL in a 

6,700 to 7,500 mt range; 

• Modifying the recreational 

management measures with particular 

emphasis on reductions in the 

possession/bag limit and minimum fish 

size to reduce discards; and, 

• Re-opening several existing closed 

areas: Nantucket Lightship Closed Area 

year round, Closed Area I from 1 May 

1–February 15, Closed Area II south of 

41°50′ May 1 through February to 

selective fishing gear, and a portion of 

the both the Western GOM Closed Area 

and Cashes Ledge Closed Area year 

round. 

Interim 2012 Fishing Measures 

After considering the Council 

recommendations and public input from 

outreach meetings, NMFS implements, 

through this interim action, the 

following measures for the commercial 

and recreational GOM cod fisheries for 

fishing year 2012. These measures, 

based on a total GOM cod ACL of 6,700 

mt, are expected to reduce overfishing. 

The assessment found an F of 1.14 for 

2010 and PDT-conducted analysis has 

projected an F of 0.92 for 2011. The 

6,700 mt catch limit established for this 

rule is expected to produce an F of 

0.879, or a reduction in F of 23 percent 

from 2010 and 4 percent from 2011. 

Fishing under these measures in fishing 

year 2012 is expected to increase 

spawning stock biomass by 19 percent, 

from 8,618 mt in 2012, to 10,235 mt in 

2013. 

As noted above, if overfishing were 

ended in 2012 based on an F rate of 0.2, 

the ACL would be 1,313 mt, and the 

2013 stock biomass would increase to 

11,463 mt. If the fishery were closed in 

fishing year 2012, the 2013 stock 

biomass would increase to 13,073. 

Under the Council’s recommended 

upper bound ACL of 7,500 mt for 

fishing year 2012, the 2013 stock 

biomass would increase to 9,564 mt, but 

the F rate would increase to 1.031 (i.e., 

overfishing would not be reduced). 

There are several compelling reasons 

why NMFS is implementing an ACL of 

6,700 mt as opposed to a higher or lower 

limit. Fishing at this level is likely to 

reduce overfishing to an appreciable 

degree while allowing meaningful 

mitigation of negative impacts for 

fishing year 2012 resulting from the 

reduced ACL while the Council 

develops revisions to the GOM cod 

rebuilding program. Fishing at 6,700 mt 

in fishing year 2012 is projected to 

allow growth in the GOM cod biomass 

and should not significantly influence 

the fishing year 2013 catch level. The 

magnitude of reduction needed for 

fishing year 2013 is so substantial that 

it is unlikely that the 2013 ACL will be 

greater than 3,000 mt. This would be 

true even if the fishing year 2012 ACL 

were set at a much lower level. 

The 6,700 mt ACL is consistent with 

National Standard 8, which requires 

fishing measures to minimize adverse 

economic impacts on fishing 

communities while remaining 

consistent with conservation 

requirements. Adopting a measure 

effectively eliminating the GOM cod 

harvest for 2012 could permanently 

remove the smaller fishing operations 

from the fishery, without a significant 

corresponding benefit (e.g., in terms of 

increasing stock biomass). Setting the 

ACL at this level is further justified as 

an equitable measure as it recognizes 

that the need for more severe reductions 

of GOM cod fishing mortality is not the 

result of a failure of the FMP or the 

fishing industry in complying with FMP 

measures, but rather it is the result of a 

sudden change in the understanding of 

the GOM cod stock status. In light of 

this sudden change in the assessment, 

this fishing level is particularly needed 

to help mitigate the negative economic 

impacts in the transition year before 

more restrictive measures having more 

substantial adverse impacts are 

necessary for the 2013 fishing year. 

Rationale for the agency’s decision 

not to adopt some recommendations is 


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also provided within each following 

sub-section. 

Annual Catch Limits (ACLs) 

This action implements a total GOM 

cod ACL of 6,700 mt for fishing year 

2012. Normally, the sub-ACL allocations 

are derived from the ABC; however, for 

the interim action no ABC has been set 

by the Council. To determine sub-ACLs, 

NMFS calculated a proxy for ABC from 

the ACL of 6,700 mt. This results in a 

proxy ABC value of 7,066 mt. Under the 

Council’s procedures for setting ACLs, 

the ACL is set 5 percent lower for 

commercial fisheries and 7 percent 

lower for the recreational fishery to 

offset management uncertainty. 

However, instead of using the FMPestablished distribution percentages for 

calculating the sub-ACLs from ABC, this 

action modifies the distribution 

percentages by reducing State Waters 

and Other Sub-component catch levels, 

and shifting tonnage from those subcomponents to the commercial fishery. 

The revised sub-sector ACLs are shown 

in Table 1. 

TABLE 1—GOM COD FISHING YEAR 2012 SUB-ACLS, IN METRIC TONS (MT) 

Total 

ACL 

Interim sub-ACLs (mt) 

Commercial fishery 

Recreational State 

waters 

Other 

sub-compoTotal Sectors Common pool nent 

6,700 4,170 4,089 potential total, 3,618 sub-ACL, (471 as carryover) ..... 81 2,215 253 62 

Consistent with the FMP, the 

recreational fishery sub-ACL was 

calculated first. The remaining tonnage 

was apportioned across the four 

commercial fishery sub-components: 

Sectors, Common Pool, State Waters, 

and the Other Sub-component. 

The adjustment in commercial catch 

levels was done to help ensure that 

sector carryover, if maximized to 10 

percent from fishing year 2011 and fully 

utilized in fishing year 2012, would not 

cause fishing to increase above the 

projected fishing year 2011 level. 

Neither the State Waters nor Other Subcomponent categories were fully 

utilized in fishing year 2010, nor are 

they projected to be fully harvested in 

fishing year 2011. NMFS has moved 

tonnage from these two categories to the 

Commercial (Sector and Common Pool) 

sub-ACLs to provide a buffer for sector 

carryover from fishing year 2011. The 

catch from state waters was 

approximately 250 mt, and catch 

attributed to the other sub-component 

category was approximately 60 mt in 

fishing year 2010. It is expected that 

these sub-sectors will harvest around 

that same amount in fishing year 2011. 

NMFS has reduced the catch 

components for the two categories from 

468 to 253 mt (State Waters) and 234 to 

62 mt (Other Sub-component) and 

reapportioned the 387 mt derived from 

these fisheries to the Total Commercial 

ACL. The Commercial ACL is then 

subdivided to the sub-ACLs for the 

sector and the common pool fisheries. 

Incidental Catch Total Allowable 

Catches (TACs) and Allocations to 

Special Management Programs 

Incidental catch TACs are specified 

for certain stocks of concern (i.e., stocks 

that are overfished or subject to 

overfishing) for common pool vessels 

fishing in the special management 

programs (i.e., special access programs 

and the Regular B Days-At-Sea (DAS) 

Program), in order to limit the catch of 

these stocks in these programs. The 

Incidental Catch TAC for each stock is 

based on the Common Pool sub-ACL 

and is distributed to each special 

management program using a 

predetermined formula specified in the 

implementing regulations for the FMP. 

Any catch on a trip that ends on a 

Category B DAS (either Regular or 

Reserve B DAS) is attributed to the 

Incidental Catch TAC for the pertinent 

stock. Catch on a trip that starts under 

a Category B DAS and then flips to a 

Category A DAS is attributed to the 

Common Pool sub-ACL. 

The incidental catch TAC for GOM 

cod is 1 percent of the common pool 

sub-ACL. For fishing year 2012, the 

incidental catch TAC is 0.81 mt, and 

100 percent of this incidental catch TAC 

is allocated to the Regular B DAS 

Program. 

Common Pool Trimester TACs 

Beginning in fishing year 2012, 

Common Pool trimester TACs outlined 

in Amendment 16 become effective. The 

Common Pool sub-ACL for each stock 

will be divided into trimester TACs at 

the start of the fishing year. The 

percentage of each sub-ACL allocated to 

each trimester was determined in 

Amendment 16. The regulations require 

that once 90 percent of an applicable 

trimester TAC is caught, the area where 

90 percent of the catch for the pertinent 

stock occurred will be closed. The area 

closure will apply to all common pool 

vessels fishing with gear capable of 

catching the pertinent stock. Any 

overages or underages of the trimester 

TAC in Trimester 1 or Trimester 2 will 

be applied to the next trimester (e.g., 

any remaining portion of the Trimester 

1 TAC will be added to the Trimester 2 

TAC). Any overage of the total sub-ACL 

will be deducted from the following 

fishing year’s Common Pool sub-ACL 

for that stock. Uncaught portions of the 

Trimester 3 TAC will not be carried over 

into the following fishing year. 

Table 2 contains the fishing year 2012 

trimester TACs for GOM cod. 

TABLE 2—FISHING YEAR 2012 GOM COD COMMON POOL TRIMESTER TACS

Percentage of sub-ACL Allocated to Each Trimester 2012 Trimester TACs (mt) 

Trimester 1 Trimester 2 Trimester 3 Trimester 1 Trimester 2 Trimester 3 

27 36 37 22 29 30 

The fishing year 2012 sector rosters 

will not be finalized until May 1, 2012. 

Therefore, the allocation of the 

Commercial ACL between the Common 

Pool and Sector sub-ACLs for GOM cod 

may change due to changes in the sector 

rosters. An updated Sector sub-ACL, 

Common Pool sub-ACL, incidental 

catch TAC, and trimester TACs for GOM 


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19948 Federal Register / Vol. 77, No. 64 / Tuesday, April 3, 2012 / Rules and Regulations 

cod will be published in a subsequent 

adjustment rule, if necessary, based on 

the final fishing year 2012 sector rosters 

as of May 1, 2012. 

Sector Carryover 

NMFS weighed several options for 

addressing GOM cod sector carryover. 

NMFS considered providing less than 

the 10-percent carryover, as well as 

options that would have allowed 

carryover to occur above and beyond the 

total fishery ACL. However, the only 

viable options to ensure that the 

potential fishing year 2012 catch would 

not increase overfishing in light of the 

new assessment were scenarios that 

kept all potential catch, both sub-ACLs 

and carryover, within the total fishery 

ACL of 6,700 mt. Allowing catch to 

exceed 6,700 mt could cause overfishing 

to occur at levels equal to or higher than 

the overfishing level in fishing year 

2011. Thus, the potential fishing year 

2011 sector carryover of 471 mt is being 

allowed in conjunction with the Sector 

sub-ACL of 3,618 mt. The sub-ACL of 

3,618 mt will be used to calculate Sector 

Annual Catch Entitlement (ACE). 

Overall, this is an 83-mt reduction from 

the Sector sub-ACL of 3,701 mt 

discussed publically at the February 10, 

2012, GOM Cod Working Group meeting 

in Portsmouth, NH. If the sector subACL and full 10-percent carryover are 

caught in fishing year 2012, the total 

sector catch will be 4,089 mt. By 

constraining potential carryover catch 

within the total fishery ACL, overfishing 

will be reduced in fishing year 2012 

from 2011 levels. If all recreational and 

commercial fishery components, 

including a potential sector harvest of 

4,089 mt (i.e., sub-ACL plus 10-percent 

carryover) catch their full allocations, 

the total catch will be 6,700 mt under 

this apportionment scheme. 

Consistent with the existing 

regulations, accountability measures 

(AMs) for the State Waters and Other 

Sub-component sub-ACLs are 

implemented only if the total ACL (i.e., 

6,700 mt) is exceeded and the State 

Waters and/or the Other Sub-component 

sub-ACLs are also exceeded. If the State 

Waters and/or Other Sub-component 

sub-ACLs are exceeded and the total 

ACL is not, no AMs are implemented. 

Recreational Fishery Management 

Measures 

As indicated in Table 1, the 

recreational sub-ACL for fishing year 

2012 is 2,215 mt. NMFS is reducing the 

recreational GOM cod minimum fish 

size from 24 to 19 inches (60.96 to 48.26 

cm) and is reducing the per-angler 

possession limit from 10 to 9 fish. 

Preliminary analysis indicates that these 

measures will sufficiently reduce 

recreational catch to ensure that the 

revised recreational sub-ACL of 2,215 

mt will not be exceeded in fishing year 

2012. NMFS engaged the Council’s 

Recreational Advisory Panel (RAP) and 

recreational fishery stakeholders during 

development of these measures in a 

public meeting held February 10, 2012, 

in Portsmouth, NH. These measures 

were supported for use by the Council’s 

RAP. Most stakeholders present at the 

meeting also supported these measures 

for fishing year 2012. 

It may seem counterintuitive that 

reducing the minimum fish size will 

reduce total catch. The most recent 

stock assessment assumes that all 

recreational discarded cod die—a 

discard mortality assumption of 100 

percent. The reduction in minimum fish 

size is expected to increase overall effort 

by a minor amount; however, analysis 

indicates that anglers will likely have 

higher success in catching legal-sized 

fish more quickly, so that there will 

theoretically be fewer discarded fish 

within trips. There is also a lower 

average fish weight with the lower 

minimum fish size that has some effect 

in reducing the total recreational 

landings amount. 

Anglers are reminded that the perperson limit is a possession limit. The 

act of ‘‘high-grading,’’ or discarding 

previously captured smaller fish for 

larger fish is strongly discouraged, as it 

would undermine the management 

program. 

Potential Changes to Recreational 

Measures in 6 Months 

The interim measures implemented 

by this rule were developed through a 

new analytical model. The theory of its 

operation is as previously outlined and 

is sound. However, the model, its 

underlying assumptions, and output 

have not yet been subject to the type of 

rigorous review typically used before 

providing advice for management. To be 

clear, this model is new, untested, and 

not yet peer-reviewed. There exists 

some uncertainty about the effectiveness 

of the measures produced, particularly 

if anglers ‘‘high grade’’ to keep larger 

cod. The previously used approach for 

deriving recreational management 

measures did not consider discard 

mortality of 100 percent. NMFS has 

determined that using this new model 

in the limited, short-term context of this 

interim rule is appropriate given the 

caveats discussed in this preamble. 

Prior to the expiration of this 

temporary rule, NMFS intends to 

rigorously review the new model and 

will work to have some level of external 

review of the model, the underlying 

assumptions, and the output generated 

during the period between issuing these 

interim measures and the renewal of 

interim measures after 180 days. 

Recreational measures will be revisited 

once the model has been peer-reviewed 

to ensure that the measures are effective 

in meeting the catch reductions 

necessary for the 2012 fishing year (i.e., 

to constrain catch within the 

recreational sub-ACL). 

In addition, it is possible that NMFS 

will re-evaluate or otherwise re-visit the 

100-percent discard mortality 

assumption utilized in the most recent 

assessment during the course of the 

2012 fishing year. The discard mortality 

assumption used in the assessment is 

also used to monitor catch in the 

fishery. If the assumed discard mortality 

of recreationally caught fish were to 

change from 100 percent to a lower 

value, the effectiveness of a reduced 

minimum fish size could be less. 

Based on these ongoing examinations, 

it is possible that NMFS may need to 

include changes to recreational 

management measures when these 

interim measures are extended after 180 

days in October 2012. There are two 

possible outcomes: 

• The modeling approach is valid and 

appropriate and the discard mortality 

assumption is unchanged. 

In this scenario, it is unlikely that any 

changes to the interim recreational 

measures implemented by this rule 

would be necessary. 

• The model-generated advice is 

found to be inappropriate to achieve the 

required reduction and/or the discard 

mortality assumption is changed to a 

level less than 100 percent. 

Under this scenario, it is likely that 

additional, more restrictive measures 

would be necessary for the second half 

of the fishing year—essentially for April 

16–30, 2013, due to the GOM 

recreational cod closure currently in 

place from November 1–April 15. This 

is the more problematic scenario, as 

fishing will have already occurred for 6 

months and more restrictive measures 

would be implemented mid-year. NMFS 

anticipates working closely with the 

Council’s RAP and the recreational 

fishing industry in developing any midyear changes to reduce catch, should 

such measures become necessary. Such 

measures would likely include at least 

some closure of the fishery in April 

2013, and/or increases to minimum fish 

size, and/or reduction in possession 

limits. There is also the potential for 

changes in our understanding of GOM 

cod status. See the 6-month renewal of 

interim measures section for additional 

detail. 


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Federal Register / Vol. 77, No. 64 / Tuesday, April 3, 2012 / Rules and Regulations 19949 

Closed Areas 

NMFS is not taking action at this time 

to re-open those closed areas as 

requested by the Council. NMFS finds 

that there are several compelling 

reasons for not modifying these closed 

areas through this interim or other 

emergency action. While the agency did 

receive some input supporting the 

Council’s request, the majority of 

comments received through 

correspondence and at the February 10, 

2012, GOM Cod Working Group meeting 

requested that NMFS leave in place the 

existing closed areas. 

The process for evaluating the 

biological impacts to fish stocks, 

particularly GOM cod, as well as the 

habitat protection requirements outlined 

in the Magnuson-Stevens Act, involves 

complex analyses. Such analyses could 

not be completed in a thorough, 

deliberative, and transparent manner in 

the time period NMFS had to develop 

and implement the interim measures 

contained in this rule. 

The Council continues to develop a 

comprehensive omnibus amendment 

process to address the Essential Fish 

Habitat requirements of the MagnusonStevens Act. This process is undertaking 

analysis that contemplates modification 

of many of the closed areas. This 

process is tentatively scheduled to be 

completed in 2013. In addition, the PDT 

continues to discuss and analyze stocklevel impacts of re-opening closed areas. 

It is appropriate to examine potential 

changes to the closed areas through 

these deliberative Council processes to 

ensure that analysis to support any 

changes is both robust and conducted in 

a transparent manner. 

6-Month Renewal of Interim Measures 

NMFS’ interim authority is available 

for up to 180 days in an initial action 

and may be extended up to an 

additional 186 days by a subsequent 

rule. This system provides for a full year 

of interim measures, when necessary. 

NMFS will renew interim measures in 

October 2012 to ensure coverage of the 

entire 2012 fishing year. We are 

accepting comment on these initial 

interim measures for consideration on 

the extension to be issued this fall. 

It is expected that additional 

information regarding calendar and 

fishing year 2011 catch will become 

available between now and the 6-month 

renewal of this action. In addition, 

several concurrent processes are 

underway to more closely examine 

components of the most recent GOM 

stock assessment. These include the 

assumed discard mortality rate, analysis 

of industry catch-per-unit-effort data, 

further development and potential 

incorporation of Marine Recreational 

Information Program data, and 

potentially other components of the 

assessment. Additional recreational 

analysis may be conducted pending 

review of the modeling approach used 

to develop measures for this rule. It is 

possible that any one or several of these 

ongoing efforts may provide additional 

information on the status of GOM cod 

and/or the appropriateness of the 

measures being implemented by this 

initial set of interim measures. NMFS 

will work closely with the Council, 

public, and interested parties to openly 

discuss potential catch-level or 

management measure changes necessary 

for the second half of fishing year 2012. 

It is not possible to predict whether 

changes, either more liberal or more 

constraining, may become necessary to 

reduce overfishing and/or to ensure 

ACLs are not likely to be exceeded; 

however, as previously stated, the 

current situation for GOM cod is highly 

unusual. We remain committed to 

providing as much information as 

possible as quickly as practical so that 

business and fishing-related operations 

can be planned. 

Justification for Interim Action 

The Magnuson-Stevens Act authorizes 

the Secretary to act if (1) the Secretary 

finds that an emergency involving a 

fishery exists; or (2) the Secretary finds 

that interim measures are needed to 

reduce overfishing in any fishery; or (3) 

if the Council finds one of those factors 

exists and requests that the Secretary 

act. See section 305 of the MagnusonStevens Act. Where such circumstances 

exist, the Secretary may promulgate 

emergency rules or interim measures ‘‘to 

address the emergency or overfishing.’’ 

16 U.S.C. 1855(c)(1) and (2). The 

Secretary has delegated this authority to 

NMFS. Further, NMFS has issued 

guidance defining when ‘‘an 

emergency’’ involving a fishery exists. 

62 FR 44421; August 21, 1997. This 

guidance defines an emergency as a 

situation that (1) arose from recent, 

unforeseen events, (2) presents a serious 

conservation problem in the fishery, and 

(3) can be addressed through interim 

emergency regulations for which the 

immediate benefits outweigh the value 

of advance notice, public comment, and 

the deliberative consideration of the 

impacts on participants to the same 

extent as would be expected under the 

formal rulemaking process. Under the 

statute and guidance, the rationale for 

issuing these emergency and interim 

regulations is as follows: 

The new GOM cod stock assessment 

indicates that the stock is overfished, is 

subject to overfishing, and is not making 

adequate progress toward the rebuilding 

objective. Neither NMFS nor the 

Council could have foreseen the GOM 

cod stock assessment’s recent findings, 

because the previous stock assessment 

suggested that GOM cod was recovering 

according to the schedule set out in a 

prior rebuilding plan. The most recent 

stock assessment represents a significant 

and unforeseen change in scientific 

understanding of the GOM cod stock, 

and the final stock assessment did not 

become available to NMFS and the 

Council until late January 2012. 

Both NMFS and the Council agree 

with the stock assessment’s findings. 

Thus, both NMFS and the Council have 

determined that overfishing is occurring 

on GOM cod. Further, based on this 

information, the Council has found that 

interim measures are needed to reduce 

overfishing in the GOM cod fishery, and 

has requested that NMFS issue 

emergency regulations designed to 

reduce overfishing of GOM cod. 

Accordingly, under the MagnusonStevens Act, NMFS, acting by 

delegation for the Secretary under the 

previously outlined provisions, is 

issuing emergency interim measures 

designed to address the emergency 

situation concerning the overfishing of 

GOM cod. 

Classification 

The Acting Administrator, Northeast 

Region, NMFS, determined that this 

interim rule is necessary for the 

conservation and management of the 

GOM cod fishery and that it is 

consistent with the Magnuson-Stevens 

Act and other applicable laws. 

Pursuant to 5 U.S.C. 553(b)(B) and 

553(d)(3), the Assistant Administrator 

finds good cause to waive prior notice 

and an opportunity for public comment 

on this action along with the 30-day 

delay in effectiveness, as notice and 

comment and delayed effectiveness are 

impracticable and contrary to the public 

interest. There has been insufficient 

time to conduct notice-and-comment 

rulemaking for this action, which is 

necessary due to recent, unforeseen 

events; namely, the most recent GOM 

cod stock analysis indicates that despite 

the management measures in place, 

GOM cod is currently overfished and 

undergoing overfishing. This analysis, 

which came out in January 2012, has 

complicated the timing and process for 

setting catch levels and management 

measures that normally occurs. As a 

result of these changes, NMFS has had 

to quickly conduct substantial and 

complex analyses to develop 

rulemaking to ensure that measures to 

reduce overfishing would be in place by 


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19950 Federal Register / Vol. 77, No. 64 / Tuesday, April 3, 2012 / Rules and Regulations 

the start of the fishing year on May 1, 

2012. These timing complications were 

unavoidable. The immediate benefits of 

the interim measures, implemented by 

this rule, the mitigation of substantial 

negative economic impacts to fishery 

participants, associated businesses, and 

coastal communities that depend on 

GOM cod-related revenues, outweigh 

the value of formal advance notice and 

public comment. 

Though notice-and-comment 

rulemaking is not being conducted, 

substantial outreach discussions have 

occurred with the Council, public, and 

interested parties to explore what 

measures should be included in this 

interim action. NMFS has shared a great 

deal of information with these groups, 

and has received input on the interim 

measures from a wide range of 

stakeholders and interested parties. 

NMFS requests comment on these 

interim measures in anticipation of 

extending the measures this fall to 

ensure management measures are in 

place for the entire fishing year. 

The normal process for establishing 

ACLs for GOM cod was substantially 

impacted for the 2012 fishing year. In a 

typical process, the Council receives 

new scientific information by October 

and decisions on ACLs and any 

necessary management measures 

changes would be voted on by the 

Council in November. By late 

December/early January of the following 

year, the Council’s recommendations 

are forwarded to NMFS for rulemaking. 

The Council would typically forward 

with its recommendation the 

comprehensive analyses necessary to 

satisfy all applicable laws, including the 

National Environmental Policy Act 

(NEPA). Notice-and-comment 

rulemaking would be conducted by 

NMFS through the spring months and 

measures would be implemented for the 

May 1 start of the fishing year. 

For the cycle leading into fishing year 

2012, the Council and public knew that 

a new stock assessment for GOM cod 

would be conducted in December 2011. 

The Council acknowledged that the 

assessment could differ from previous 

management advice and result in a wide 

range of catch recommendations; thus, it 

recommended a range of ACLs and 

other measures for NMFS’ consideration 

in FW47 for implementation beginning 

on May 1, 2012. The Council had 

intended to receive the new assessment 

results in January 2012, evaluate this 

new information quickly, and finalize 

its catch and management measures 

recommendations to NMFS for the 2012 

fishing year at its February 1, 2012, 

meeting. This schedule would allow the 

Council to utilize the most recent stock 

assessment information in its 

recommendation to NMFS. 

As stated in the preamble of this rule, 

the new assessment markedly changed 

the understanding of the GOM cod 

stock. It is overfished and subject to 

overfishing, the rebuilding plan is not 

making adequate progress, and the stock 

biomass is at a much lower level than 

previously believed. The magnitude of 

change in our understanding of the 

GOM cod stock was unforeseen. The 

previous assessment, conducted in 

2008, indicated that the GOM cod stock 

was growing and expected to be rebuilt 

by 2014. The new assessment directly 

contradicts those findings and indicates 

rebuilding will not be achieved by 2014. 

The GOM cod catch levels that would 

result from using the new assessment 

information, if applied by the Council to 

end overfishing, would result in very 

low catch levels for the 2012 fishing 

year. In light of the substantially 

changed stock information, the 

magnitude of negative economic 

impacts associated with very low catch 

levels, and a number of assessmentrelated topics the Council would like to 

explore further, the Council elected not 

to formally recommend a specific catch 

level to NMFS for the 2012 GOM cod 

fishery. Instead, in understanding that 

NMFS could utilize limited authority to 

reduce, but not end, overfishing, in the 

interim while the Council revisits the 

GOM cod rebuilding program design, 

the Council recommended a range of 

catch and requested NMFS implement 

interim measures for the 2012 fishing 

year based on these recommendations. 

This specific request to the Secretary to 

act under section 305(c) of the 

Magnuson-Stevens Act is consistent 

with NMFS policy guidelines for the use 

of emergency rules issued August 21, 

1997 (62 FR 44421), as it is a request 

from the Council to address an 

emergency situation. Had the Council 

not taken such action, it would have 

been compelled to recommend very low 

catch levels for the 2012 fishing year 

that in turn would have substantial 

negative economic impacts to the 

fishery participants and coastal 

communities in New England that rely 

on fishing-related revenues. The 

emergency, in the context of the 

Council’s request, is for NMFS to apply 

the interim rulemaking provisions of 

section 305(c) to avoid the significant 

negative economic impacts to fishery 

participants and communities that 

would result from ending overfishing at 

the beginning of fishing year 2012 (i.e., 

May 1, 2012). 

NMFS received the Council’s 

recommended catch range of 6,700 to 

7,500 mt at the February 1, 2012 

meeting. NMFS began analyzing this 

range along with recreational measures 

for consistency with the requirement to 

reduce overfishing, and to determine 

which catch levels would be 

appropriate within this range. In 

conjunction with the Council, NMFS 

held a GOM Cod Working Group 

meeting on February 10, 2012, in 

Portsmouth, NH. This group was 

chaired by the Acting Assistant 

Administrator for Fisheries. At this 

meeting, NMFS indicated that fishing at 

a level higher than 6,700 mt would 

likely not reduce overfishing on the 

GOM cod stock. NMFS discussed 

potential sub-ACLs that would result 

from fishing at 6,700 mt for the year as 

well as providing potential changes to 

the recreational management measures 

for discussion, should this catch level 

eventually be implemented. Though no 

formal recommendations were sought or 

provided, a great deal of public input 

was received during this meeting and 

through correspondence after the 

meeting. This input was very helpful for 

NMFS as the interim measures were 

further developed. 

The typical analytical process that is 

used to inform development of catch 

and recreational measures spans from 

late August through late December. 

Because of the introduction of new and 

substantially changed GOM cod stock 

information, these analyses had to be 

conducted by NMFS within a few 

weeks’ time to ensure that rulemakingrelated analyses and development could 

be conducted and concluded in 

sufficient time for the start of the fishing 

year (May 1). Though the work and 

discussion were conducted as quickly as 

possible, it was not possible to do so in 

a manner that provided sufficient time 

for notice-and-comment rulemaking. 

NMFS is relying on the collaborative 

development process for the measures 

within this interim rule to have 

provided a meaningful opportunity to 

engage with the affected public prior to 

issuing interim measures. Although this 

rule is becoming effective on May 1, 

based on the emergency precipitating it, 

NMFS is allowing the public an 

opportunity to comment on the measure 

for 60 days after the rule becomes 

published. NMFS will address public 

comments, including any necessary 

changes, before these interim measures 

are renewed in 6 months (October 

2012). 

Similarly, NMFS finds good cause 

under 5 U.S.C. 553(d)(3) to waive the 

full 30-day delay in effectiveness for 

this rule, and to have it become effective 

on May 1, 2012. That date is the 

beginning of the fishing year for GOM 

cod. If this rule does not become 


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Federal Register / Vol. 77, No. 64 / Tuesday, April 3, 2012 / Rules and Regulations 19951 

effective on May 1, 2012, then the 

previous ACL and AMs would remain 

in effect, with the result that overfishing 

would not be reduced. These measures 

would increase overfishing on the GOM 

cod stock and, as such, are inconsistent 

with the Magnuson-Stevens Act, the 

stated intent of the GOM cod rebuilding 

program, and the FMP. Moreover, 

failing to have the rule effective on May 

1, 2012, may lead to confusion in the 

fishing community as to what 

regulations govern the harvest of GOM 

cod. Thus, the 30-day delay is 

impracticable and contrary to the public 

interest, and NMFS waives the 

requirement and makes this rule 

effective on May 1, 2012. 

NMFS has consulted with the Office 

of Information and Regulatory Affairs 

(OIRA) and due to the circumstances 

described above this action is exempt 

from review under Executive Order 

12866. 

Under section 608 of the Regulatory 

Flexibility Act, an agency may waive 

the requirement to perform a regulatory 

flexibility analysis for a rule where the 

agency finds that the ‘‘rule is being 

promulgated in response to an 

emergency that makes compliance or 

timely compliance with [the regulatory 

flexibility analysis requirements] 

impracticable.’’ 5 U.S.C. 608. As 

discussed in the preamble to this 

interim rule, and as elaborated in this 

classification section, NMFS takes this 

action to address an emergency 

situation in the GOM cod fishery. 

Undertaking a regulatory flexibility 

analysis would delay this action and put 

the GOM cod and any small businesses 

that depend on it at further risk. 

Because the nature of this emergency 

requires immediate action, NMFS finds 

that compliance with the Regulatory 

Flexibility Act is impracticable. Thus, 

the requirements of the Regulatory 

Flexibility Act are hereby waived. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 

Dated: March 29, 2012. 

Alan D. Risenhoover, 

Acting Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons stated 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 § 648.89, 

■ a. Amend paragraph (b)(1) 

introductory text by removing the 

reference ‘‘paragraph (b)(3)’’ and adding 

‘‘paragraph (b)(5) in its place’’; 

■ b. Suspend paragraphs (b)(3), (c)(1)(i), 

and (c)(2)(i); and 

■ c. Add new paragraphs (b)(5), 

(c)(1)(vi), and (c)(2)(vi) to read as 

follows: 

§ 648.89 Recreational and charter/party 

vessel restrictions. 

(b) * * * 

(5) GOM cod. Private recreational 

vessels and charter party vessels 

described in paragraph (b)(1) of this 

section may not possess cod smaller 

than 19 inches (48.26 cm) in total length 

when fishing in the GOM Regulated 

Mesh Area specified under 

§ 648.80(a)(1). 

* * * * * 

(c) * * * 

(1) * * * 

(vi) Unless further restricted by the 

Seasonal GOM Cod Possession 

Prohibition specified under paragraph 

(c)(1)(v) of this section, each person on 

a private recreational vessel may 

possess no more than 9 cod per day in, 

or harvested from, the EEZ. 

* * * * * 

(2) * * * 

(vi) Unless further restricted by the 

Seasonal GOM Cod Possession 

Prohibition specified in paragraph 

(c)(2)(v) of this section, each person on 

a charter/party vessel may possess no 

more than 9 cod per day. 

* * * * * 

[FR Doc. 2012–7972 Filed 4–2–12; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 111220786–1781–01] 

RIN 0648–XB103 

Fisheries of the Northeastern United 

States; Summer Flounder Fishery; 

Quota Transfer 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; quota transfer. 

SUMMARY: NMFS announces that the 

State of North Carolina is transferring a 

portion of its 2012 commercial summer 

flounder quota to the Commonwealth of 

Virginia. The State of North Carolina is 

also retroactively transferring a portion 

of its 2011 commercial summer flounder 

quota to the Commonwealth of Virginia. 

NMFS is adjusting the quotas and 

announcing the revised commercial 

quota for each state involved. 

DATES: Effective April 2, 2012, through 

December 31, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Carly Bari, Fishery Management 

Specialist, 978–281–9224. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the summer 

flounder fishery are in 50 CFR part 648, 

and require annual specification of a 

commercial quota that is apportioned 

among the coastal states from North 

Carolina through Maine. The process to 

set the annual commercial quota and the 

percent allocated to each state are 

described in § 648.100. 

The final rule implementing 

Amendment 5 to the Summer Flounder, 

Scup, and Black Sea Bass Fishery 

Management Plan, which was published 

on December 17, 1993 (58 FR 65936), 

provided a mechanism for summer 

flounder quota to be transferred from 

one state to another. Two or more states, 

under mutual agreement and with the 

concurrence of the Administrator, 

Northeast Region, NMFS (Regional 

Administrator), can transfer or combine 

summer flounder commercial quota 

under § 648.102(c)(2). The Regional 

Administrator is required to consider 

the criteria in § 648.102(c)(2)(i) to 

evaluate requests for quota transfers or 

combinations. 

North Carolina has agreed to transfer 

831,241 lb (377,044 kg) of its 2012 

commercial quota to Virginia. This 

transfer was prompted by summer 

flounder landings of a number of North 

Carolina vessels that were granted safe 

harbor in Virginia due to hazardous 

shoaling in Oregon Inlet, North 

Carolina, between February 1, 2012, and 

March 1, 2012, thereby requiring a quota 

transfer to account for an increase in 

Virginia’s landings that would have 

otherwise accrued against the North 

Carolina quota. Additionally, 8,601 lb 

(3,901 kg) of summer flounder 

commercial quota will be retroactively 

transferred from North Carolina to 

Virginia for a landing that occurred on 

December 19, 2011. The Regional 

Administrator has determined that the 

criteria set forth in § 648.102(c)(2)(i) 

have been met. The revised summer 

flounder quotas for calendar year 2011 

are: North Carolina, 3,151,783 lb 

(1,429,625 kg); and Virginia, 5,305,295 

lb (2,406,441 kg). The revised summer 

flounder quotas for calendar year 2012 

are: North Carolina, 1,783,420 lb 


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