Federal Register / Vol. 77, No. 67 / Friday, April 6, 2012 / Proposed Rules 20775 

period shall be limited to 30 days 

because the statutory deadline requires 

a final listing determination by June 10, 

2012. 

Obtaining a Copy of the Peer Review 

Report 

You may obtain a copy of the peer 

review report for review: 

Via the Federal eRulemaking Portal 

http://www.regulations.gov at Docket 

No. NOAA–NMFS–2010–0259. 

By visiting the Internet at: http:// 

alaskafisheries.noaa.gov/ 

protectedresources/seals/ice.htm. 

Documents cited in this notice, 

including the peer review report, may 

also be viewed, by appointment, during 

regular business hours, at the 

aforementioned address in Juneau, AK 

(see ADDRESSES). 

Public Comments Solicited 

Comments and information submitted 

during the initial comment period on 

the December 10, 2011 (75 FR 77496), 

proposed rule should not be 

resubmitted since they are already part 

of the record. Comments and 

information submitted should focus on 

the information contained in the peer 

review report listed above. Our final 

determination of whether the Beringia 

and Okhotsk DPSs of bearded seals 

qualify as threatened or endangered 

under the ESA will take into 

consideration all comments and 

information we receive and have 

previously received during both 

comment periods. We request that all 

comments and information be 

accompanied by supporting 

documentation such as maps, 

bibliographic references, or reprints of 

pertinent publications. Please submit 

any comments to the ADDRESSES listed 

above. 

Authority: 16 U.S.C. 1531 et seq. 

Dated: April 2, 2012. 

Alan D. Risenhoover, 

Acting Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2012–8373 Filed 4–5–12; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 100217095–2197–05] 

RIN 0648–AY56 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; 

Amendment 32 Supplement 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Supplemental proposed rule; 

request for comments. 

SUMMARY: NMFS proposes to 

supplement the regulations that 

implemented management measures 

described in Amendment 32 to the 

Fishery Management Plan (FMP) for the 

Reef Fish Resources of the Gulf of 

Mexico (Amendment 32) prepared by 

the Gulf of Mexico Fishery Management 

Council (Council). After publication of 

the final rule for Amendment 32, 

published on February 10, 2012, NMFS 

identified inconsistencies in the 

regulatory text regarding the quotas and 

annual catch limits (ACLs) for ‘‘other 

shallow water grouper’’ (Other SWG) 

that need correction. This rule would 

revise the regulatory text regarding the 

quotas and ACLs for Other SWG. 

Additionally, NMFS proposes revisions 

to improve clarity of the regulations. 

DATES: Written comments must be 

received on or before April 23, 2012. 

ADDRESSES: You may submit comments 

on the supplemental proposed rule 

identified by ‘‘NOAA–NMFS–2011– 

0135’’ by any of the following methods: 

• Electronic submissions: Submit 

electronic comments via the Federal 

e-Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Peter Hood, 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– 

2011–0135’’ in the keyword search and 

click on ‘‘search’’. To view posted 

comments during the comment period, 

enter ‘‘NOAA–NMFS–2011–0135’’ 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 through means not 

specified in this rule will not be 

accepted. 

Electronic copies of Amendment 32, 

which includes a final environmental 

impact statement (FEIS), a regulatory 

flexibility analysis, and a regulatory 

impact review, may be obtained from 

the Southeast Regional Office Web Site 

at http://sero.nmfs.noaa.gov/sf/ 

GrouperSnapperandReefFish.htm. 

FOR FURTHER INFORMATION CONTACT: 

Peter Hood, Southeast Regional Office, 

NMFS, telephone 727–824–5305; email: 

Peter.Hood@noaa.gov. 

SUPPLEMENTARY INFORMATION: The reef 

fish fishery of the Gulf of Mexico (Gulf) 

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 

A final rule to implement 

management measures described in 

Amendment 32 was published on 

February 10, 2012 (77 FR 6988). That 

final rule included measures to: 

—Adjust the commercial gag quota and 

recreational annual catch target (ACT) 

for 2012 through 2015 and subsequent 

fishing years, consistent with the gag 

rebuilding plan established in 

Amendment 32; 

—Adjust the shallow-water grouper 

(SWG) quota; 

—Adjust the commercial and 

recreational sector’s ACLs for gag and 

red grouper; 

—Adjust the commercial ACL for SWG; 

—Establish a formula-based method for 

setting gag and red grouper multi-use 

allocation for the grouper/tilefish 

individual fishing quota program in 

the Gulf; 

—Set the recreational gag fishing season 

from July 1 through October 31; 

—Reduce the gag commercial size limit 

to 22 inches (59 cm) total length (TL); 

and 

—Modify the gag and red grouper 

accountability measures (AMs). 


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20776 Federal Register / Vol. 77, No. 67 / Friday, April 6, 2012 / Proposed Rules 

In planning the publication of the 

final rule for Amendment 32, NMFS 

anticipated it would publish before the 

final rule to implement the ACLs and 

Accountability Measures Amendment 

for Reef Fish, Red Drum, Shrimp, and 

Coral Fisheries of the Gulf of Mexico 

(Generic ACL Amendment). However, 

due to a delay in publishing the final 

rule for Amendment 32, the Generic 

ACL Amendment final rule published 

first (76 FR 82044, December 29, 2011) 

with implementation effective on 

January 30, 2012. The final rule for the 

Generic ACL Amendment removed the 

commercial SWG quotas and 

commercial SWG ACL and replaced 

them with separate multi-year 

commercial Other SWG quotas and 

stock complex ACLs for Other SWG. 

Inadvertently, the regulatory text in the 

Amendment 32 final rule setting the 

commercial SWG quotas and the 

commercial ACL for SWG was not 

modified to reflect the measures 

established in the Generic ACL 

Amendment. To correct this 

inconsistency, the subject supplemental 

proposed rule would reinstate the 

commercial Other SWG quotas and the 

stock complex commercial ACLs for 

Other SWG, as established in the final 

rule which implemented the Generic 

ACL Amendment, as well as remove the 

commercial SWG quotas and 

commercial SWG ACL implemented 

through Amendment 32. In addition, 

some minor revisions to improve the 

clarity of the regulations were identified 

and this rule would correct these issues. 

First, NMFS proposes to revise the term 

‘‘other SWG’’ to read ‘‘Other SWG’’ 

throughout the 50 CFR part 622 

regulations to improve the clarity of the 

regulations. If implemented, the 

definition of SWG would be amended to 

include the definition for Other SWG. In 

the Gulf, Other SWG would still include 

black grouper, scamp, yellowfin 

grouper, and yellowmouth grouper. 

Second, in two instances in the 

regulations, sentences within a 

paragraph are reordered to improve 

clarity. Third, a sentence is deleted in 

the regulations, because it is already 

stated in the preceding paragraph and 

therefore is redundant. 

NMFS requests comments for a period 

of 15 days regarding these revisions. 

These revisions will be addressed in a 

second final rule to implement 

Amendment 32. No other revisions or 

changes to the final rule implementing 

Amendment 32 are included here. All 

discussion of the management measures 

contained in Amendment 32, including 

the AMs, are provided in the proposed 

rule published on November 2, 2011 (76 

FR 67656), the final rule published on 

February 10, 2012 (77 FR 6988), and in 

Amendment 32, and are not repeated 

here. 

Classification 

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

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this supplemental proposed rule is 

consistent with the FMP, Amendment 

32, other provisions of the MagnusonStevens 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 

supplemental proposed rule, if 

implemented, would not have a 

significant economic impact on a 

substantial number of small entities. 

The factual basis for this determination 

is as follows: 

The purpose of this supplemental 

proposed rule is discussed in the 

preamble and not repeated here. The 

Magnuson-Stevens Act provides the 

statutory basis for this supplemental 

proposed rule. 

This supplemental proposed rule, if 

implemented, would be expected to 

directly affect commercial fishing 

vessels that harvest Other SWG. 

Commercial harvest of Other SWG in 

the Gulf is managed under the GrouperTilefish Individual Fishing Quota (IFQ) 

program. The IFQ program manages 

harvest through shares and allocation. 

Shares are a percentage of the 

commercial quota assigned to each IFQ 

shareholder and allocation is the actual 

poundage that each IFQ shareholder or 

allocation holder is given the 

opportunity to possess, land, or sell, 

during a given calendar year. 

Shareholders are the initial recipients of 

allocation, which can be transferred 

(sold) to and used by anyone with a 

valid commercial Gulf reef fish permit. 

Because anyone with a valid 

commercial Gulf reef fish permit can 

obtain and use Other SWG allocation, 

all commercial Gulf reef fish permit 

holders could be affected by this 

supplemental proposed rule. On 

February 28, 2012, 908 entities 

possessed a valid or renewable 

commercial Gulf reef fish permit. In 

2010, however, only 282 commercial 

entities landed Other SWG in the Gulf. 

Comparable data for 2011 were not 

available at the time of this assessment. 

No other small entities that would be 

expected to be directly affected by this 

supplemental proposed rule have been 

identified. 

The Small Business Administration 

has established size criteria for all major 

industry sectors in the U.S. including 

fish harvesters and recreational services. 

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. Average receipts 

data for all entities potentially affected 

by this rule are not available. The 

average commercial vessel in the Gulf 

reef fish fishery is estimated to earn 

approximately $48,000 (2010 dollars) 

per year in ex-vessel revenue. Based on 

this average revenue estimate, all 

commercial vessels expected to be 

directly affected by this supplemental 

proposed rule are determined for the 

purpose of this analysis to be small 

business entities. 

This supplemental proposed rule, if 

implemented, would revise the 

regulatory text regarding the commercial 

quotas and the stock complex ACLs for 

Other SWG and would not be expected 

to reduce profits for a substantial 

number of small entities. Revision of the 

commercial quotas for Other SWG 

would increase the Other SWG 

commercial quotas by an average of 

108,750 lb (49,328 kg), gutted weight 

(gw), per year over the period 2012– 

2015, or a total of 435,000 lb (197,312 

kg), gw, relative to the status quo. These 

quota increases would be expected to 

result in an increase in ex-vessel 

revenue by an average of approximately 

$425,000 (2010 dollars) per year, or 

approximately $1.7 million (2010 

dollars) total, for all affected commercial 

fishing businesses. As a result, this 

supplemental proposed rule, if 

implemented, would be expected to 

increase profits to all directly affected 

small business entities. 

Because this supplemental proposed 

rule, if implemented, would not be 

expected to have any direct adverse 

economic impact on any small entities, 

an initial regulatory flexibility analysis 

is not required and none has been 

prepared. 

This supplemental proposed rule does 

not establish any new reporting, recordkeeping, or other compliance 

requirements. 

List of Subjects in 50 CFR Part 622 

Fisheries, Fishing, Puerto Rico, 

Reporting and recordkeeping 

requirements, Virgin Islands. 


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Federal Register / Vol. 77, No. 67 / Friday, April 6, 2012 / Proposed Rules 20777 

Dated: April 3, 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 § 622.2, the definition for 

‘‘Shallow-water grouper (SWG)’’ is 

revised to read as follows: 

§ 622.2 Definitions and acronyms. 

* * * * * 

Shallow-water grouper (SWG) means, 

in the Gulf, gag, red grouper, black 

grouper, scamp, yellowfin grouper, and 

yellowmouth grouper. Other shallowwater grouper (Other SWG) means, in 

the Gulf, SWG excluding gag and red 

grouper (i.e., black grouper, scamp, 

yellowfin grouper, and yellowmouth 

grouper). In addition, for the purposes 

of the IFQ program for Gulf groupers 

and tilefishes in § 622.20, speckled hind 

and warsaw grouper are also included 

as Other SWG as specified in 

§ 622.20(a)(6). 

* * * * * 

3. In § 622.20, paragraph (a) 

introductory text, the second sentence 

of paragraph (a)(4), paragraphs (a)(5)(i) 

and (a)(5)(ii), the second sentence of 

paragraphs (a)(6), (a)(7), (b)(3)(i), and the 

first sentence of paragraph (b)(6)(i) are 

revised to read as follows: 

§ 622.20 Individual fishing quota (IFQ) 

program for Gulf groupers and tilefishes. 

(a) General. This section establishes 

an IFQ program for the commercial 

sectors of the Gulf reef fish fishery for 

groupers (including DWG, red grouper, 

gag, and Other SWG) and tilefishes 

(including goldface tilefish, blueline 

tilefish, and tilefish). For the purposes 

of this IFQ program, DWG includes 

yellowedge grouper, warsaw grouper, 

snowy grouper, speckled hind, and 

scamp, but only as specified in 

paragraph (a)(7) of this section. For the 

purposes of this IFQ program, Other 

SWG includes black grouper, scamp, 

yellowfin grouper, yellowmouth 

grouper, warsaw grouper, and speckled 

hind, but only as specified in paragraph 

(a)(6) of this section. Under the IFQ 

program, the RA initially will assign 

eligible participants IFQ shares, in five 

share categories. These IFQ shares are 

equivalent to a percentage of the annual 

commercial quotas for DWG, red 

grouper, gag, Other SWG, and tilefishes, 

based on their applicable historical 

landings. Shares determine the amount 

of IFQ allocation for Gulf groupers and 

tilefishes, in pounds gutted weight, a 

shareholder is initially authorized to 

possess, land, or sell in a given calendar 

year. Shares and annual IFQ allocation 

are transferable. See § 622.4(a)(2)(ix) 

regarding a requirement for a vessel 

landing groupers or tilefishes subject to 

this IFQ program to have an IFQ vessel 

account for Gulf groupers and tilefishes. 

See § 622.4(a)(4)(ii) regarding a 

requirement for a Gulf IFQ dealer 

endorsement. Details regarding 

eligibility, applicable landings history, 

account setup and transaction 

requirements, constraints on 

transferability, and other provisions of 

this IFQ system are provided in the 

following paragraphs of this section. 

* * * * * 

(4) * * * IFQ allocation for the five 

respective share categories is derived at 

the beginning of each year by 

multiplying a shareholder’s IFQ share 

times the annual commercial quota for 

gag, red grouper, DWG, Other SWG and 

tilefishes. * * * 

(5) * * * 

(i) Red grouper multi-use allocation. 

(A) At the time the commercial quota for 

red grouper is distributed to IFQ 

shareholders, a percentage of each 

shareholder’s initial red grouper 

allocation will be converted to red 

grouper multi-use allocation. Red 

grouper multi-use allocation, 

determined annually, will be based on 

the following formula: 

Red Grouper multi-use allocation (in 

percent) = 100 * [Gag ACL—Gag 

commercial quota]/Red grouper 

commercial quota 

(B) Red grouper multi-use allocation 

may be used to possess, land, or sell 

either red grouper or gag under certain 

conditions. Red grouper multi-use 

allocation may be used to possess, land, 

or sell red grouper only after an IFQ 

account holder’s (shareholder or 

allocation holder’s) red grouper 

allocation has been landed and sold, or 

transferred; and to possess, land, or sell 

gag, only after both gag and gag multiuse allocation have been landed and 

sold, or transferred. However, if gag is 

under a rebuilding plan, the percentage 

of red grouper multi-use allocation is 

equal to zero. 

(ii) Gag multi-use allocation. (A) At 

the time the commercial quota for gag is 

distributed to IFQ shareholders, a 

percentage of each shareholder’s initial 

gag allocation will be converted to gag 

multi-use allocation. Gag multi-use 

allocation, determined annually, will be 

based on the following formula: 

Gag multi-use allocation (in percent) = 

100 * [Red grouper ACL—Red grouper 

commercial quota]/Gag commercial 

quota 

(B) Gag multi-use allocation may be 

used to possess, land, or sell either gag 

or red grouper under certain conditions. 

Gag multi-use allocation may be used to 

possess, land, or sell gag only after an 

IFQ account holder’s (shareholder or 

allocation holder’s) gag allocation has 

been landed and sold, or transferred; 

and to possess, land, or sell red grouper, 

only after both red grouper and red 

grouper multi-use allocation have been 

landed and sold, or transferred. Multiuse allocation transfer procedures and 

restrictions are specified in paragraph 

(b)(4)(iv) of this section. However, if red 

grouper is under a rebuilding plan, the 

percentage of red grouper multi-use 

allocation is equal to zero. 

(6) * * * For the purposes of the IFQ 

program for Gulf groupers and tilefishes, 

once all of an IFQ account holder’s 

DWG allocation has been landed and 

sold, or transferred, or if an IFQ account 

holder has no DWG allocation, then 

Other SWG allocation may be used to 

land and sell warsaw grouper and 

speckled hind. 

(7) * * * For the purposes of the IFQ 

program for Gulf groupers and tilefishes, 

once all of an IFQ account holder’s 

Other SWG allocation has been landed 

and sold, or transferred, or if an IFQ 

account holder has no SWG allocation, 

then DWG allocation may be used to 

land and sell scamp. 

* * * * * 

(b) * * * 

(3) * * * 

(i) * * * The owner or operator of a 

vessel landing IFQ groupers or tilefishes 

is responsible for ensuring that NMFS is 

contacted at least 3 hours, but no more 

than 12 hours, in advance of landing to 

report the time and location of landing, 

estimated grouper and tilefish landings 

in pounds gutted weight for each share 

category (gag, red grouper, DWG, Other 

SWG, tilefishes), vessel identification 

number (Coast Guard registration 

number or state registration number), 

and the name and address of the IFQ 

dealer where the groupers or tilefishes 

are to be received. * * * 

* * * * * 

(6) * * * 

(i) IFQ share cap for each share 

category. No person, including a 

corporation or other entity, may 

individually or collectively hold IFQ 

shares in any share category (gag, red 

grouper, DWG, Other SWG, or tilefishes) 


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20778 Federal Register / Vol. 77, No. 67 / Friday, April 6, 2012 / Proposed Rules 

in excess of the maximum share initially 

issued for the applicable share category 

to any person at the beginning of the 

IFQ program, as of the date appeals are 

resolved and shares are adjusted 

accordingly. * * * 

* * * * * 

4. In § 622.42, paragraph (a)(1)(iii) 

introductory text and paragraph 

(a)(1)(iii)(A) are revised to read as 

follows: 

§ 622.42 Quotas. 

* * * * * 

(a) * * * 

(1) * * * 

(iii) Shallow-water groupers (SWG) 

have separate quotas for gag and red 

grouper and a combined quota for other 

shallow-water grouper (Other SWG) 

species (including black grouper, 

scamp, yellowfin grouper, and 

yellowmouth grouper), as specified in 

paragraphs (a)(1)(iii)(A) through (C) of 

this section. These quotas are specified 

in gutted weight, that is, eviscerated but 

otherwise whole. 

(A) Other SWG combined. (1) For 

fishing year 2012—509,000 lb (230,879 

kg). 

(2) For fishing year 2013—518,000 lb 

(234,961 kg). 

(3) For fishing year 2014—523,000 lb 

(237,229 kg). 

(4) For fishing year 2015 and 

subsequent fishing years—525,000 lb 

(238,136 kg). 

* * * * * 

5. In § 622.49, paragraphs (a)(3) and 

(a)(4)(ii)(B) are revised to read as 

follows: 

§ 622.49 Annual Catch Limits (ACLs) and 

Accountability measures (AMs). 

(a) * * * 

(3) Other shallow-water grouper 

(Other SWG) combined (including black 

grouper, scamp, yellowfin grouper, and 

yellowmouth grouper)—(i) Commercial 

sector. The IFQ program for groupers 

and tilefishes in the Gulf of Mexico 

serves as the accountability measure for 

commercial Other SWG. The 

commercial ACL for Other SWG is equal 

to the applicable quota specified in 

§ 622.42(a)(1)(iii)(A). 

(ii) Recreational sector. If the sum of 

the commercial and recreational 

landings, as estimated by the SRD, 

exceeds the stock complex ACL 

specified in paragraph (a)(3)(iii) of this 

section, then during the following 

fishing year, if the sum of the 

commercial and recreational landings 

reaches or is projected to reach the 

applicable ACL specified in (a)(3)(iii) of 

this section, the AA will file a 

notification with the Office of the 

Federal Register to close the recreational 

sector for the remainder of that fishing 

year. 

(iii) The stock complex ACLs for 

Other SWG, in gutted weight, are 

688,000 lb (312,072 kg) for 2012, 

700,000 lb (317,515 kg) for 2013, 

707,000 lb (320,690 kg) for 2014, and 

710,000 lb (322,051 kg) for 2015 and 

subsequent years. 

(4) * * * 

(ii) * * * 

(B) If gag are not overfished, and in 

addition to the measures specified in 

paragraph (a)(4)(ii)(A) of this section, if 

gag recreational landings, as estimated 

by the SRD, exceed the applicable ACLs 

specified in paragraph (a)(4)(ii)(D) of 

this section, the AA will file a 

notification with the Office of the 

Federal Register to maintain the gag 

ACT, specified in paragraph (a)(4)(ii)(D) 

of this section, for that following fishing 

year at the level of the prior year’s ACT, 

unless the best scientific information 

available determines that maintaining 

the prior year’s target catch (ACT) is 

unnecessary. 

* * * * * 

[FR Doc. 2012–8376 Filed 4–5–12; 8:45 am] 

BILLING CODE 3510–22–P 


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