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Federal Register/Vol. 78, No. 156/Tuesday, August 13, 2013 49186 Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Rules and Regulations Black grouper, Mycteroperca bonaci individual fishing quota (IFQ) system. consistent with the terminology used in Yellowmouth grouper, Mycteroperca The new tilefish IFQ program became rest of that regulatory paragraph. The interstitialis effective November 1, 2009. After 3 introductory text on IFQ transfer Gag, Mycteroperca microlepis years of operation, it has become applications has been adjusted to more Scamp, Mycteroperca phenax apparent that some of the implementing Yellowfin grouper, Mycteroperca venenosa clearly explain why applications for Serranidae—Sea Basses regulations need to be clarified, permanent transfers are due before Black sea bass, Centropristis striata corrected, or modified to better reflect September 1, while applications for Sparidae—Porgies the intent of Amendment 1. temporary transfers are due before Jolthead porgy, Calamus bajonado On March 28, 2013, NMFS published October 10. Saucereye porgy, Calamus calamus a proposed rule in the Federal Register Whitebone porgy, Calamus leucosteus (78 FR 18947) proposing several minor Comments and Responses Knobbed porgy, Calamus nodosus corrections, clarifications, and Red porgy, Pagrus pagrus modifications to the regulations NMFS received no comments on the Scup, Stenotomus chrysops implementing Amendment 1. proposed rule. The following species are designated as Comments on the proposed rule were ecosystem component species: Classification Cottonwick, Haemulon melanurum accepted through April 29, 2013. No Bank sea bass, Centropristis ocyurus comments were received on the The Administrator, Northeast Region, Rock sea bass, Centropristis philadelphica measures, and the measures, as NMFS, determined that this final rule is Longspine porgy, Stenotomus caprinus proposed, are implemented by this final necessary for the management of the Ocean triggerfish, Canthidermis sufflamen rule. tilefish fishery and that it is consistent Schoolmaster, Lutjanus apodus The purpose of this action is to with the Tilefish FMP, the Magnuson- * * * * * clarify, correct, and/or modify certain Stevens Fishery Conservation and [FR Doc. 2013–19605 Filed 8–12–13; 8:45 am] provisions of the tilefish IFQ program’s Management Act, and other applicable BILLING CODE 3510–22–P implementing regulations to clarify law. potentially confusing regulatory This final rule has been determined to language, and to better reflect the intent be not significant for purposes of DEPARTMENT OF COMMERCE of Amendment 1 and current practices under the tilefish IFQ program. Executive Order 12866. National Oceanic and Atmospheric Specifically, this action (1) Clarifies the The Chief Counsel for Regulation of Administration two aspects of tilefish IFQ allocation by the Department of Commerce certified differentiating between quota share and to the Chief Counsel for Advocacy of the 50 CFR Part 648 quota pounds, and removes suggestions Small Business Administration during [Docket No. 120416018–3679–02] that either are ‘‘owned’’ or the proposed rule stage that this action ‘‘permanent;’’ (2) specifies in the would not have a significant economic RIN 0648–BC05 regulations that tilefish landings may be impact on a substantial number of small reported through the Interactive Voice entities. The factual basis for the Fisheries of the Northeastern United Response system, or through another certification was published in the States; Tilefish Fishery Management system approved by the NMFS proposed rule and is not repeated here. Plan; Regulatory Amendment, Northeast Regional Administrator, to No comments were received regarding Corrections, and Clarifications allow for the future development of an this certification. As a result, a AGENCY: National Marine Fisheries online reporting option; (3) corrects regulatory flexibility analysis was not Service (NMFS), National Oceanic and cross-references within the regulations required and none was prepared. pertaining to the Research Set-Aside Atmospheric Administration (NOAA), On June 20, 2013, the Small Business Program; (4) revises language and cross- Commerce. Administration (SBA) issued a final rule references in the regulations to clarify ACTION: Final rule. that permanent resident aliens are revising the small business size allowed to hold a tilefish IFQ allocation standards for several industries effective SUMMARY: This action makes July 22, 2013 (78 FR 37398). The rule corrections, clarifications, and other permit, as specified in Amendment 1; (5) modifies the regulations to extend increased the size standard for Finfish modifications to the regulations that Fishing from $4.0 to $19.0 million, implemented the Tilefish Individual the deadline for quota pound transfers from September 1 to October 10 of each Shellfish Fishing from $4.0 to $5.0 Fishing Quota Program. These changes million, and Other Marine Fishing from will not affect the fishing operation of fishing year; and (6) modifies the regulations governing the cost recovery $4.0 to $7.0 million. Pursuant to the any vessel. Regulatory Flexibility Act, and prior to DATES: Effective September 12, 2013. fee collection system to reflect current fee collection practices and the intent of SBA’s June 20, 2013, final rule, a FOR FURTHER INFORMATION CONTACT: Amendment 1 to ensure clear and certification was developed for this Douglas Potts, Fishery Policy Analyst, efficient collection of the required cost- action using SBA’s former size phone (978) 281–9341, fax (978) 281– recovery fees. Additional detail and standards. Subsequent to the June 20, 9135. explanation regarding the reason for 2013, rule, NMFS has reviewed the SUPPLEMENTARY INFORMATION: these changes are provided in the certification prepared for this action in proposed rule and are not repeated here. light of the new size standards. Under Background the former, lower size standards, all On August 24, 2009, NMFS published Changes From the Proposed Rule entities subject to this action were a final rule (74 FR 42580) to implement The proposed regulatory text considered small entities, thus they all provisions of Amendment 1 to the regarding IFQ transfer applications would continue to be considered small Tilefish Fishery Management Plan inadvertently used the less specific term under the new standards. NMFS has (FMP) (Amendment 1). Amendment 1 ‘‘catch share.’’ The regulatory language determined that the new size standards included a new structure for managing has been corrected to use the more do not affect the analyses prepared for the commercial tilefish fishery using an appropriate term ‘‘quota share,’’ this action. VerDate Mar<15>2010 15:29 Aug 12, 2013 Jkt 229001 PO 00000 Frm 00078 Fmt 4700 Sfmt 4700 E:\FR\FM\13AUR1.SGM 13AUR1 ehiers on DSK2VPTVN1PROD with RULES Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Rules and Regulations 49187 List of Subjects in 50 CFR Part 648 following information, and any other signed by the applicant. Each Fisheries, Fishing, Reporting and information required by the Regional application must include a declaration recordkeeping requirements. Administrator: Vessel identification; of all interests in IFQ quota shares and trip during which tilefish are caught; IFQ allocations, as defined in § 648.2, Dated: August 8, 2013. pounds landed; VTR pre-printed serial listed by IFQ allocation permit number, Alan D. Risenhoover, number; and the Federal dealer number and must list all Federal vessel permit Director, Office of Sustainable Fisheries, for the dealer who purchases the numbers for all vessels that an applicant performing the functions and duties of the tilefish. This reporting requirement does owns or leases that would be authorized Deputy Assistant Administrator for not exempt the owner or operator from to possess tilefish pursuant to the IFQ Regulatory Programs, National Marine other applicable reporting requirements allocation permit. The Regional Fisheries Service. of this section. Administrator will notify the applicant For the reasons set out in the * * * * * of any deficiency in the application. preamble, 50 CFR part 648 is amended ■ 4. In § 648.292, paragraph (e) is (i) [Reserved] (ii) Renewal applications. as follows: revised to read as follows: Applications to renew an IFQ allocation PART 648—FISHERIES OF THE § 648.292 Tilefish specifications. permit must be received by September NORTHEASTERN UNITED STATES * * * * * 15 to be processed in time for the (e) Research quota. See § 648.22(g). November 1 start of the next fishing ■ 1. The authority citation for part 648 ■ 5. Section 648.294 is revised to read year. Renewal applications received continues to read as follows: as follows: after this date may not be approved, and Authority: 16 U.S.C. 1801 et seq. a new permit may not be issued before § 648.294 Individual fishing quota (IFQ) ■ the start of the next fishing year. An IFQ 2. In § 648.2, the definitions of program. allocation permit holder must renew ‘‘Interest in an IFQ allocation’’ and (a) IFQ allocation permits. (1) After his/her IFQ allocation permit on an ‘‘Lessee’’ are revised to read as follows: adjustments for incidental catch, annual basis by submitting an § 648.2 Definitions. research set-asides, and overages, as application for such permit prior to the appropriate, pursuant to § 648.292(c), * * * * * end of the fishing year for which the the Regional Administrator shall divide Interest in an IFQ allocation means: permit is required. Failure to renew an the remaining TAL among the IFQ quota An allocation
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