[Federal Register Volume 77, Number 163 (Wednesday, August 22, 2012)]
[Proposed Rules]
[Pages 50672-50673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20672]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BC30


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery Off the Southern Atlantic States; 
Transferability of Black Sea Bass Pot Endorsements

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of availability; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS announces that the South Atlantic Fishery Management 
Council (Council) has submitted a revision of a disapproved action (the 
Resubmittal) from Amendment 18A to the Fishery Management Plan (FMP) 
for the Snapper-Grouper Fishery of the South Atlantic Region (Amendment 
18A) for review, approval, and implementation by NMFS. The Resubmittal 
would allow black sea bass pot endorsements to be transferred under 
specific conditions.

DATES: Written comments must be received on or before October 22, 2012.

ADDRESSES: You may submit comments on the amendment identified by 
``NOAA-NMFS-2012-0128'' 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: Kate Michie, 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, enter ``NOAA-NMFS-2012-0128'' in the search field 
and click on ``search''. After you located the notice of availability, 
click on ``Submit a Comment'' link in that row. This will display the 
comment Web form. You can enter your submitter information (unless you 
prefer to remain anonymous), and type your comment on the Web form. You 
can also attach additional files (up to 10MB) in Microsoft Word, Excel, 
WordPerfect, or Adobe PDF file formats only.
    Comments received through means not specified in this rule will not 
be considered.
    For further assistance with submitting a comment, see the 
``Commenting'' section at http://www.regulations.gov/#!faqs or the Help 
section at http://www.regulations.gov.
    Electronic copies of the Resubmittal may be obtained from the 
Southeast Regional Office Web site at http://sero.nmfs.noaa.gov. The 
Resubmittal includes a Regulatory Impact Review and a Fishery Impact 
Statement.

FOR FURTHER INFORMATION CONTACT: Kate Michie, telephone: 727-824-5305, 
or email: [email protected].

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires each regional 
fishery management council to submit any fishery management plan or 
amendment to NMFS for review and approval, partial approval, or 
disapproval. The Magnuson-Stevens Act also requires that NMFS, upon 
receiving a plan or amendment, publish an announcement in the Federal 
Register notifying the public that the plan or amendment is available 
for review and comment.

Background

    Amendment 18A, implemented through final rulemaking on July 1, 
2012, (77 FR 32408, June 1, 2012), included a provision to limit 
participation in the black sea bass pot segment of the snapper-grouper 
fishery through the establishment of an endorsement program. The 
proposed rule for Amendment 18A (77 FR 06991, March 23, 2012) outlined 
the criteria for qualifying for an endorsement. As of August 22, 2012, 
32 South Atlantic snapper-grouper unlimited permit holders qualify for 
an endorsement, and more could qualify after the appeals process 
finalizes.
    Amendment 18A also contained an action to allow for the transfer of 
black sea bass pot endorsements. However, NMFS disapproved this action 
because Amendment 18A and the supporting environmental impact statement 
identified the incorrect preferred alternative. In addition, there were 
discrepancies in the record regarding the Council's discussion of the 
alternatives. Therefore, NMFS was unable to implement the action in 
compliance with the Administrative Procedures Act. The Council decided 
to revise and resubmit the action addressing transferability of black 
sea bass pot endorsements in an amendment (the Resubmittal). All 
reasonable alternatives for the transferability action were analyzed in 
Amendment 18A according to the National Environmental Policy Act, 
including biological, economic, social, administrative, and cumulative 
impacts of the action.
    The Resubmittal contains one action that would allow transfer of a 
black sea bass pot endorsement to an individual or entity that holds or 
simultaneously obtains a valid South Atlantic snapper-grouper unlimited 
permit. In order to be transferred, a black sea bass pot endorsement 
must be valid or renewable. Black sea bass pot endorsements may be 
transferred independently from the South Atlantic snapper-grouper 
unlimited permit with which it is associated. Landings history would 
not be transferred with the endorsement. NMFS will attribute black sea 
bass landings to the associated South Atlantic snapper-grouper 
unlimited permit regardless of whether the landings occurred before or 
after the

[[Page 50673]]

endorsement was issued. Black sea bass pot endorsements would not be 
renewed automatically with the South Atlantic snapper-grouper permit 
with which it is associated. The endorsement must be renewed separately 
from the permit using the Federal Permit Application for Vessels 
Fishing in the Exclusive Economic Zone (EEZ).
    The Council has submitted for Secretarial review, approval and 
implementation, a revised action from Amendment 18A establishing black 
sea bass endorsement transferability. NMFS' decision to approve, 
partially approve, or disapprove the Resubmittal will be based, in 
part, on consideration of comments, recommendations, and information 
received during the comment period on this notice of availability. 
After consideration of these factors, and the action's consistency with 
the Magnuson-Stevens Act and other applicable law, NMFS will publish a 
notice of agency action in the Federal Register announcing the Agency's 
decision to approve, partially approve, or disapprove the Resubmittal.

Proposed Rule for Amendment 18A

    NMFS proposes a rule that would implement measures outlined in the 
Resubmittal. In accordance with the Magnuson-Stevens Act, NMFS is 
evaluating the proposed rule to determine whether it is consistent with 
the FMP, the Magnuson-Stevens Act, and other applicable law. If that 
determination is affirmative, NMFS will publish the proposed rule in 
the Federal Register for public review and comment.

Consideration of Public Comments

    Comments received by October 22, 2012, whether specifically 
directed to the amendment or the proposed rule, will be considered by 
NMFS in its decision to approve, disapprove, or partially approve the 
amendment. Comments received after that date will not be considered by 
NMFS in this decision. All comments received by NMFS on the amendment 
or the proposed rule during their respective comment periods will be 
addressed in the final rule.

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

    Dated: August 17, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2012-20672 Filed 8-21-12; 8:45 am]
BILLING CODE 3510-22-P