Federal Register / Vol. 77, No. 62 / Friday, March 30, 2012 / Proposed Rules 19165 

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. 

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 

2012 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 calling 

Greg Fairclough or Randy Blankinship 

at 727–824–5399. 

FOR FURTHER INFORMATION CONTACT: Greg 

Fairclough or Randy Blankinship at 

727–824–5399. 

SUPPLEMENTARY INFORMATION: Atlantic 

tunas and swordfish are managed under 

the dual authority of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act) and the Atlantic Tuna Conventions 

Act (ATCA), which authorizes the 

Secretary of Commerce (Secretary) to 

promulgate regulations as may be 

necessary and appropriate to implement 

recommendations of ICCAT. Federal 

Atlantic shark fisheries are managed 

under the authority of the MagnusonStevens Act. The authority to issue 

regulations under the MagnusonStevens Act and ATCA has been 

delegated from the Secretary to the 

Assistant Administrator for Fisheries, 

NOAA (AA). On May 28, 1999, NMFS 

published in the Federal Register (64 

FR 29090) final regulations, effective 

July 1, 1999, implementing the Fishery 

Management Plan for Atlantic Tunas, 

Swordfish, and Sharks (1999 FMP). On 

October 2, 2006, NMFS published in the 

Federal Register (71 FR 58058) final 

regulations, effective November 1, 2006, 

implementing the 2006 Consolidated 

HMS FMP, which details the 

management measures for Atlantic HMS 

fisheries, including the HMS handgear 

fishery. 

In a proposed rule published on 

March 16, 2012 (77 FR 15701), NMFS 

indicated that dates and locations for 

public hearings on the proposed action 

would be published in the Federal 

Register at a later date. In this notice, 

NMFS announces that it will hold six 

public hearings (see Table 1 for meeting 

dates, times, and locations). These 

hearings, in addition to written 

comment collected via the methods 

described above, will allow NMFS to 

collect public comments on the 

proposed rule, which will assist NMFS 

in determining the final action for 

Amendment 4 to the 2006 Consolidated 

HMS FMP, consistent with the 

Magnuson-Stevens Act, ATCA, and 

other applicable laws. 

TABLE 1—DATES, TIMES, AND LOCATIONS OF SIX PUBLIC HEARINGS

Date Time Meeting locations Address 

April 10, 2012 ...................... 6–9 p.m ....... Buccaneer Hotel ................ 5007 Estate Shoys, Christiansted, VI 00820. 

April 11, 2012 ...................... 8 a.m ........... Buccaneer Hotel ................ 5007 Estate Shoys, Christiansted, VI 00820. 

April 12, 2012 ...................... 6–9 p.m ....... Frenchman’s Reef Marriot Frenchman’s Reef Marriott 5 Estate Bakkeroe, St. Thomas, USVI 

00801. 

May 8, 2012 ......................... 3–5 p.m ....... Ateneo Puertorriqueno ...... Biblioteca del Ateneo Puertorriqueno, Avenida Constitucion, Parada 

2, Viejo San Juan, San Juan PR 00901. 

May 9, 2012 ......................... 2–5 p.m ....... Servicio de Extension 

Agricola.

2440 Avenida Las Americas, Ste. 208, Centro Gubernamental, 

Ponce, PR 00717–2111. 

May 10, 2012 ....................... 6–9 p.m ....... Universidad de Puerto 

Rico.

University of Puerto Rico, Mayaguez Campus, Physics Building, 

Room 310, Mayaguez, PR 00680. 

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

Dated: March 27, 2012. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–7713 Filed 3–27–12; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 100812344–2165–01] 

RIN 0648–AY74 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Fishery Off the Southern 

Atlantic States; Amendment 20A 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes regulations to 

implement Amendment 20A 

(Amendment 20A) to the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP) as prepared and 

submitted by the South Atlantic Fishery 

Management Council (Council). If 

implemented, this rule would revise the 

wreckfish individual transferable quota 

(ITQ) program, by defining and 

reverting inactive wreckfish quota 

shares, redistributing reverted quota 

shares to remaining shareholders, 

establishing a cap on the number of 

wreckfish quota shares a single entity 

may own, and establishing an appeals 

process for redistribution of reverted 

wreckfish quota shares. The intent of 

this rule is to help achieve the optimum 

yield (OY) from the wreckfish 

commercial sector in accordance with 

the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). 

DATES: Written comments must be 

received on or before April 30, 2012. 

ADDRESSES: You may submit comments 

on the amendment identified by 

‘‘NOAA–NMFS–2011–0277’’ 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: Nikhil Mehta, 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.) 


srobinson on DSK4SPTVN1PROD with PROPOSALS
19166 Federal Register / Vol. 77, No. 62 / Friday, March 30, 2012 / Proposed Rules 

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– 

2011–0277’’ in the keyword search and 

click on ‘‘search’’. To view posted 

comments during the comment period, 

enter ‘‘NOAA–NMFS–2011–0277’’ 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 20A 

may be obtained from the Southeast 

Regional Office Web Site at http:// 

sero.nmfs.noaa.gov/sf/ 

SASnapperGrouperHomepage.htm. 

Comments regarding the burden-hour 

estimates or other aspects of the 

collection-of-information requirements 

contained in this proposed rule may be 

submitted in writing to Anik Clemens, 

Southeast Regional Office, NMFS, 263 

13th Avenue South, St. Petersburg, FL 

33701; and OMB, by email at OIRA 

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

202–395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Nikhil Mehta, telephone: 727–824– 

5305, or email: nikhil.mehta@noaa.gov. 

SUPPLEMENTARY INFORMATION: Wreckfish 

is part of the snapper-grouper fishery 

and 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 Act. 

Background 

The wreckfish commercial sector has 

been managed under an ITQ program 

since March 1992, through Amendment 

5 to the FMP, in order to end derby 

fishing (race to fish) practices. 

Currently, latent effort exists in the 

wreckfish commercial sector with very 

few active participants. In August 2010, 

the Council’s Scientific and Statistical 

Committee (SSC) recommended an 

acceptable biological catch (ABC) for 

wreckfish off the southern Atlantic 

states of 250,000 lb (113,389 kg), round 

weight. The proposed rule for the South 

Atlantic Comprehensive Annual Catch 

Limit Amendment (Comprehensive ACL 

Amendment), which published on 

December 1, 2011 (76 FR 74757), 

proposed an ACL of 250,000 lb (113,389 

kg), round weight for wreckfish. 

However, in November 2011, the 

Council’s SSC recommended a revised 

wreckfish ABC equal to 235,000 lb 

(106,594 kg), round weight, and the 

Council approved revising the ACL to 

reflect the lower ABC at its December 

meeting. Thus, NMFS published an 

amended proposed rule for the 

Comprehensive ACL Amendment on 

December 30, 2011 (76 FR 82264), to 

propose the ACL of 235,000 lb (106,594 

kg), round weight. The Comprehensive 

ACL Amendment was approved on 

January 18, 2012, and the final rule for 

the Comprehensive ACL Amendment 

will allocate 95 percent of the wreckfish 

ACL to the commercial sector, which 

represents a commercial ACL of 223,250 

lb (101,264 kg), round weight. The 

commercial ACL would be an 89- 

percent reduction from the current total 

allowable catch for wreckfish of 2 

million lb (907,185 kg), round weight. 

The purpose of Amendment 20A is to 

identify and revert inactive wreckfish 

shares for redistribution among 

remaining shareholders and establish a 

share cap and an appeals process. The 

intent of this amendment is to achieve 

OY in the wreckfish commercial sector 

while maximizing harvest potential and 

not exceeding the ACL. 

Management Measures Contained in 

This Proposed Rule 

Define and Revert Inactive Wreckfish 

Quota Shares 

The ACL for the wreckfish 

commercial sector in the 

Comprehensive ACL Amendment and 

in the amended proposed rule, will 

result in a significant reduction in the 

amount of available harvest associated 

with each wreckfish quota share, 

including inactive wreckfish quota 

shares, in order to maintain harvest at 

or below the ACL. If inactive wreckfish 

quota shares are not reverted and 

redistributed to active wreckfish quota 

shareholders, harvest would likely only 

be approximately 130,735–160,338 lb 

(59,300–72,728 kg), round weight, after 

applying the new ACL. As of November 

17, 2011, there were 20 shareholders in 

the wreckfish commercial sector of the 

snapper-grouper fishery. Out of those 20 

wreckfish shareholders, 13 inactive 

wreckfish quota shareholders held a 

combined 28.18 percent of wreckfish 

quota shares. Amendment 20A defines 

inactive shares as those shares held by 

ITQ shareholders who did not report 

any wreckfish landings between April 

16, 2006, and January 14, 2011. This 

rule, if implemented, would revert these 

inactive wreckfish quota shares and 

redistribute them among the seven 

remaining active wreckfish quota 

shareholders. 

Redistribute Reverted Wreckfish Quota 

Shares 

This rule, if implemented, would 

redistribute the above mentioned 

wreckfish quota shares to remaining 

wreckfish quota shareholders based on 

landings history from fishing years 

2006/2007 through 2010/2011. The 

percentage of individual wreckfish 

quota shares redistributed to the 

remaining wreckfish quota shareholders 

would range from 0.04 percent to 9.91 

percent, depending on the remaining 

wreckfish quota shareholder’s landings 

history. 

Establish a Share Cap 

This rule, if implemented, would 

establish a share ownership cap of 49 

percent of the total wreckfish quota 

shares. This would prevent any one 

entity from holding the majority of 

wreckfish quota shares. NMFS would 

determine a corporation’s total ITQ 

share, which would not exceed the 49 

percent share cap, 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, the 

applicable ITQ shares held by the 

individual is added to the applicable 

ITQ shares equivalent to the corporate 

share the individual holds in a 

corporation. A corporation must provide 

the Regional Administrator (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 changes occur. This information 

must also be provided to the RA any 

time a commercial vessel permit for 

wreckfish is renewed or transferred. 

Establish an Appeals Process 

Five percent of the wreckfish quota 

shares for the 2012/2013 fishing year 

would be set-aside if Amendment 20A 

is approved, to resolve any appeals, for 

a period of 90 days starting on the 

effective date of the final rule. The RA 

would review, evaluate, and provide 

final decisions on appeals. Hardship 

arguments would not be considered. 

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 would 

determine the outcome of appeals based 

on NMFS’ logbooks. If NMFS’ logbooks 

are not available, the RA could use state 

landings records. Appellants would 


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submit NMFS logbooks, or state 

landings records if appropriate, to 

support their appeal. Any portion of the 

5-percent share remaining after the 

appeals process is completed will be 

distributed as soon as possible among 

the remaining shareholders, based on 

each shareholder’s wreckfish landings 

reported between April 16, 2006, and 

January 14, 2011. 

Availability of Amendment 20A 

Additional background and rationale 

for the measures previously discussed 

are contained in Amendment 20A. The 

availability of Amendment 20A was 

announced in the Federal Register on 

January 12, 2012 (77 FR 1908). Written 

comments on Amendment 20A must be 

received by March 12, 2012. All 

comments received on the amendment 

or the proposed rule during their 

respective comment periods will be 

addressed in the preamble to the final 

rule, if the Amendment is approved. 

Classification 

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

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this proposed rule is consistent 

with Amendment 20A, other provisions 

of the Magnuson-Stevens Act, and other 

applicable law, subject to further 

consideration after public comment. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration that this 

rule, if adopted, would not have a 

significant economic impact on a 

substantial number of small entities. 

The factual basis for this determination 

is as follows. 

This rule, if implemented, would 

define and revert inactive shares of 

wreckfish quota, redistribute any 

reverted shares to active shareholders, 

establish a share cap, and establish an 

appeals process. The objectives of this 

rule are to achieve OY in the 

commercial wreckfish sector of the 

South Atlantic snapper-grouper fishery 

in accordance with National Standard 1 

of the Magnuson-Stevens Act, which 

will in turn result in a more efficient use 

of the species in accordance with 

National Standard 5 of the MagnusonStevens Act. Establishment of a share 

cap is necessary to comply with 

requirements for limited access 

privilege programs under Section 303A 

of the Magnuson-Stevens Act. The 

management measures contained in this 

rule are described in the preamble and 

are not repeated here. 

This rule is expected to directly affect 

shareholders that possess quota shares 

in the wreckfish commercial sector of 

the snapper-grouper fishery. The Small 

Business Administration has established 

size criteria for all major industry 

sectors in the U.S. including fish 

harvesters. 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. 

As of November 17, 2011, 20 entities 

held shares in the wreckfish commercial 

sector of the snapper-grouper fishery. 

The minimum quota share held by a 

shareholder was 0.06 percent. The 

maximum quota share was 20.63 

percent. The average quota share was 

approximately 5 percent. With respect 

to the distribution of shares, as of 

November 17, 2011, 13 shareholders 

owned less than 5 percent, 4 

shareholders owned between 5 percent 

and 10 percent, 2 shareholders owned 

between 10 percent and 15 percent, and 

1 shareholder owned more than 20 

percent of the quota shares. Given that 

the current market value of a 1 percent 

share is $6,407, the minimum market 

value of a shareholder’s quota shares is 

$384, the maximum market value of a 

shareholder’s quota shares is 

approximately $132,176, while the 

average market value of a shareholder’s 

quota shares is approximately $32,035. 

Based on landings data from the 5 

most recent fishing years (i.e., 2006/ 

2007 to 2010/2011), 13 of the 20 

shareholders had no wreckfish 

commercial landings during this time. 

Further, 11 of the 13 inactive 

shareholders were not commercially 

active in any fisheries, and thus earned 

no gross revenue or profit from 

commercial fishing activities, between 

2006 and 2010. The other two inactive 

shareholders commercially harvested 

species other than wreckfish during this 

time. The extent to which these two 

shareholders were involved in other 

commercial harvesting activities differs 

greatly, as one was only minimally 

involved and the other significantly 

involved in such activities. Specific 

information regarding their landings 

and gross revenue is confidential, while 

information regarding their profits is 

currently not available. 

Seven of the 20 shareholders had at 

least 1 lb (0.45 kg) of wreckfish 

commercial landings during the 5 most 

recent fishing years. More specifically, 

these shareholders’ annual wreckfish 

landings and gross revenue were 32,804 

lb (14,880 kg) and $82,085 on average 

during this time, respectively. On 

average, these shareholders also earned 

$90,582 in annual gross revenue from 

other species during this time. Thus, 

annual gross revenue from commercial 

fishing was $172,668 per shareholder on 

average during the 5 most recent fishing 

years. Information regarding these 

shareholders’ profits is not currently 

available. The maximum gross revenue 

earned by a single shareholder in any of 

the 5 most recent fishing years was 

$484,372. Based on these figures, all 20 

shareholders that are expected to be 

directly affected by this rule are treated 

as small business entities for the 

purpose of this analysis. 

The rule would define 28.18 percent 

of the quota shares as inactive and 

would revert them for redistribution to 

shareholders determined to be active. 

By definition, the 13 inactive 

shareholders possessing these quota 

shares would not incur any losses in 

wreckfish landings or gross revenue. 

Eleven of these inactive shareholders 

had no commercial landings of any 

species between 2006 and 2010 and, 

thus, have no gross revenue or profits 

from commercial fishing. As such, this 

action would not reduce their profits 

from commercial fishing. The other two 

inactive shareholders did have 

commercial landings and gross revenue 

of other species during 2006 and 2010. 

Because all of their landings, gross 

revenue, and thus profit come from the 

commercial harvest of species other 

than wreckfish, NMFS does not expect 

the loss of wreckfish shares to affect the 

current operations of these two 

shareholders’ vessels. However, they 

would no longer have the option of 

fishing for wreckfish in the future. The 

loss of shares would also prevent the 

inactive shareholders from leasing their 

annual allocation of wreckfish coupons. 

However, as no coupons have been 

leased by any shareholder since 1995, 

no loss in profits is expected. NMFS 

estimates the value of the loss of quota 

share to these 13 inactive shareholders 

to be approximately $180,600, or about 

$13,890 per shareholder. However, 

these losses represent a loss in asset 

value or wealth rather than a loss in 

profits. 

If implemented, this rule would 

redistribute reverted shares to the 7 

active shareholders in the wreckfish 

segment of the snapper-grouper fishery, 

who would see an increase in shares by 

0.04 percent, 0.06 percent, 1.43 percent, 

2.37 percent, 5.07 percent, 9.3 percent, 

and 9.9 percent, respectively. After the 

redistribution, the final distribution of 

total wreckfish shares across the 7 active 

shareholders would be 3.55 percent, 


srobinson on DSK4SPTVN1PROD with PROPOSALS
19168 Federal Register / Vol. 77, No. 62 / Friday, March 30, 2012 / Proposed Rules 

9.05 percent, 11.24 percent, 11.62 

percent, 18.38 percent, 23 percent, and 

23.16 percent, respectively. Because the 

proposed action would distribute 

reverted shares proportionate to current 

share holdings, the distribution of 

reverted shares will be unequal. All 

active shareholders would, nevertheless 

receive redistributed shares and 

associated economic benefits. With 

respect to short-term economic benefits, 

the increase in annual allocation for 

each active shareholder ranges from 86 

lb (39 kg) to 22,114 lb (10,052 kg), or 

approximately 8,986 lb (4,085 kg) on 

average. In turn, the expected increase 

in annual gross revenue from wreckfish 

landings ranges from $257 to $65,457 

per shareholder, or approximately 

$26,603 on average. This increase in 

shareholders’ gross revenue from 

wreckfish landings represents an 

increase of approximately 15.4 percent 

in gross revenue from all of their 

commercial fishing activities on 

average. Thus, NMFS expects this action 

to increase the profits of the seven 

active shareholders relative to the 

profits they would earn if the reverted 

shares were not redistributed. With 

respect to long-term economic benefits, 

the expected increase in the total value 

of shareholders’ shares is approximately 

$180,600. On a per shareholder basis, 

the increase in the value of each 

shareholder’s shares ranges from $249 to 

$63,465, or approximately $13,890 on 

average. These gains represent an 

increase in asset value or wealth rather 

than an increase in profits. 

No person, including a corporation or 

other entity, may individually or 

collectively hold ITQ shares in excess of 

49 percent of the total shares. If 

implemented, this share cap would 

prevent any one person, including a 

corporation or other entity, from 

holding the majority of wreckfish quota 

shares, and would not result in any of 

the 7 active shareholders exceeding the 

quota share cap. The maximum quota 

share held by a person, including a 

corporation or other entity, as a result of 

the actions to define and revert inactive 

shares and redistribute those shares to 

remaining shareholders is 41.54 percent. 

Thus, no person, including a 

corporation or other entity, would 

exceed the 49 percent share cap and, in 

turn, no person, including a corporation 

or other entity, would possess excess 

shares that would be subject to further 

redistribution. As a result, no direct, 

adverse economic effects are expected 

and profits would not be reduced. 

Because the RA would have sole 

authority with respect to reviewing, 

evaluating, and rendering final 

decisions on appeals, the cost to a 

shareholder for filing an appeal is 

expected to be minimal. Further, the set 

aside of 11,163 lb (5,074 kg) to resolve 

appeals is likely small enough relative 

to the total shares distributed to avoid 

creating any significant adverse 

economic effects on active shareholders. 

As discussed above, this rule, if 

implemented, is not expected to have a 

significant direct adverse economic 

effect on the profits of the small entities 

impacted by this rule. For this reason, 

the Chief Counsel for Regulation 

certified that this rule would not have 

a significant economic impact on a 

substantial number of small entities. 

Thus, an initial regulatory flexibility 

analysis is not required and none has 

been prepared. 

No duplicative, overlapping, or 

conflicting Federal rules have been 

identified. 

Notwithstanding any other provision 

of law, no person is required to respond 

to, nor shall a person be subject to a 

penalty for failure to comply with, a 

collection-of-information subject to the 

requirements of the Paperwork 

Reduction Act (PRA), unless that 

collection-of-information displays a 

currently valid Office of Management 

and Budget (OMB) control number. 

This proposed rule contains a 

collection-of-information requirement 

that has been approved under OMB 

control number 0648–0205, on May 24, 

2011. Participants in the South Atlantic 

wreckfish ITQ program are required to 

identify the shareholders of the 

corporation and their percent of shares 

in the corporation in the Federal 

Wreckfish Permit Application Form, to 

allow NMFS to determine the share cap 

for the wreckfish ITQ program. NMFS 

requires this information upon renewal 

or transfer of a commercial vessel 

permit for wreckfish and within 30 days 

of when such changes occur. 

Additionally, this proposed rule 

contains a new collection of information 

requirement that is subject to the PRA. 

Under this proposed rule, NMFS would 

implement a process to allow 

participants in the South Atlantic 

wreckfish ITQ program to submit an 

appeal of ITQ landings information. 

Under this proposed rule, those 

participants would be required to 

submit documentation, including 

NMFS’ logbooks or state landings 

records to support their appeal. 

An application for this information 

collection requirement has been 

submitted to OMB for approval. The 

public reporting burden for this 

collection-of-information is estimated to 

average 2 hours per appellant. This 

estimate of the public reporting burden 

includes the time for reviewing 

instructions, gathering and maintaining 

the data needed, and completing and 

reviewing the collection-of-information. 

NMFS seeks public comment regarding 

whether this proposed collection-ofinformation is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

the accuracy of the burden estimate; 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and ways to minimize the 

burden of the collection-of-information, 

including the use of automated 

collection techniques or other forms of 

information technology. Send comments 

regarding the burden estimate or any 

other aspect of the collection-ofinformation requirement, including 

suggestions for reducing the burden, to 

NMFS and to OMB (see ADDRESSES). 

List of Subjects in 50 CFR Part 622 

Fisheries, Fishing, Puerto Rico, 

Reporting and recordkeeping 

requirements, Virgin Islands. 

Dated: March 26, 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. 

2. In § 622.15, paragraph (a) is revised 

to read as follows: 

§ 622.15 Wreckfish individual transferable 

quota (ITQ) system. 

* * * * * 

(a) General—(1) Percentage shares— 

(i) Initial ITQ shares. In accordance with 

the procedure specified in the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region, percentage shares of the quota 

for wreckfish were assigned at the 

beginning of the program. Each person 

was notified by the RA of his or her 

percentage share and shareholder 

certificate number. 

(ii) Reverted ITQ shares. Any shares 

determined by NMFS to be inactive, 

will be redistributed proportionately 

among remaining shareholders (subject 

to cap restrictions) based on shareholder 

landings history. Inactive shares are, for 

purposes of this section, those shares 

held by ITQ shareholders who have not 


srobinson on DSK4SPTVN1PROD with PROPOSALS
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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