[Federal Register Volume 78, Number 128 (Wednesday, July 3, 2013)]
[Rules and Regulations]
[Pages 40043-40044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16018]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 121004518-3559-02]
RIN 0648-BC66
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Amendment 37; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Correcting amendment.
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SUMMARY: This action corrects the final rule implementing Amendment 37
to the FMP for the Reef Fish Resources of the Gulf of Mexico (Gulf Reef
Fish Amendment 37), which was published in the Federal Register on May
9, 2013. This correcting amendment revises an amendatory instruction
that precluded incorporation of new regulatory language in the final
rule implementing Gulf Reef Fish Amendment 37 into the Code of Federal
Regulations. The intent of this correcting amendment is to correct the
amendatory instruction and regulatory text to eliminate confusion among
interested persons.
DATES: This correction is effective July 3, 2013.
FOR FURTHER INFORMATION CONTACT: Anne Marie Eich, 727-824-5305; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Background
On May 9, 2013, NMFS published a final rule to implement Gulf Reef
Fish Amendment 37 (78 FR 27084). That final rule, in part, revised the
recreational annual catch limits (ACLs) and accountability measures
(AMs) for gray triggerfish harvested in the Gulf. The management
measures contained in the final rule to implement Gulf Reef Fish
Amendment 37 revised temporary
[[Page 40044]]
measures originally implemented in a final temporary rule effective
through November 10, 2012 (77 FR 28308, May 14, 2012), and extended
through May 15, 2013 (77 FR 67303, November 9, 2012). The final rule
implementing Gulf Reef Fish Amendment 37 contained the correct
regulatory text but the instruction for amending paragraph (b) of Sec.
622.41 failed to lift the suspension of that paragraph.
Need for Correction
After publication of the final rule for Gulf Reef Fish Amendment
37, NMFS determined that it contained an incorrect amendatory
instruction. The amendatory instruction should have lifted the
suspended regulatory text implemented through temporary measures that
revised the recreational ACLs and AMs for gray triggerfish harvested in
the Gulf, specified in paragraph (b) of Sec. 622.41, as well as
revised that paragraph. This correcting amendment is necessary to
revise this amendatory instruction.
Correction
As published, the final rule implementing Gulf Reef Fish Amendment
37 contains an error in the amendatory instructions. In Sec. 622.41,
the suspension of paragraph (b) should be lifted and then paragraph (b)
should be revised. All other information remains unchanged and will not
be repeated in this correction.
Classification
Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for
Fisheries, NOAA, finds good cause to waive prior notice and opportunity
for additional public comment for this action because it would be
unnecessary and contrary to the public interest. Providing prior notice
and the opportunity for public comment is unnecessary because the
public received notice and an opportunity to comment on the proposed
rule for Gulf Reef Fish Amendment 37 (78 FR 10122, February 13, 2013).
This correcting amendment simply revises an amendatory instruction that
was incorrect in the final rule. Further, any delay caused by an
additional public comment period might cause confusion because the
incorrect ACL is currently in place and would therefore be contrary to
the public interest.
For the same reasons, the Assistant Administrator also finds good
cause, pursuant to 5 U.S.C. 553(d), to waive the 30-day delay in
effective date for this correcting amendment.
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable. Accordingly, no Regulatory Flexibility
Analysis is required and none has been prepared.
This rule has been determined to be not significant under Executive
Order 12866.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gulf of Mexico.
Dated: June 28, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and
duties of the Deputy Assistant Administrator for Regulatory Programs,
National Marine Fisheries Service.
Accordingly, 50 CFR part 622 is corrected by making the following
correcting amendments:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.41, the suspension of paragraph (b) is lifted and
paragraph (b) is revised to read as follows:
Sec. 622.41 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(b) Gray triggerfish--(1) Commercial sector. If commercial
landings, as estimated by the SRD, reach or are projected to reach the
commercial ACT (commercial quota) specified in Sec. 622.39(a)(1)(vi),
the AA will file a notification with the Office of the Federal Register
to close the commercial sector for the remainder of the fishing year.
In addition, if despite such closure, commercial landings exceed the
commercial ACL, the AA will file a notification with the Office of the
Federal Register, at or near the beginning of the following fishing
year to reduce the commercial ACL and ACT (commercial quota) for that
following year by the amount the prior-year ACL was exceeded. The
commercial ACL is 64,100 lb (29,075 kg), round weight.
(2) Recreational sector. (i) Without regard to overfished status,
if gray triggerfish recreational landings, as estimated by the SRD,
reach or are projected to reach the applicable ACT specified in
paragraph (b)(2)(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 the fishing year. On and after the
effective date of such a notification, the bag and possession limit of
gray triggerfish in or from the Gulf EEZ is zero. This bag and
possession limit applies in the Gulf on board a vessel for which a
valid Federal charter vessel/headboat permit for Gulf reef fish has
been issued, without regard to where such species were harvested, i.e.
in state or Federal waters.
(ii) In addition to the measures specified in paragraphs (b)(2)(i)
of this section, if gray triggerfish recreational landings, as
estimated by the SRD, exceed the applicable ACL specified in paragraph
(b)(2)(iii) of this section, and gray triggerfish are overfished, based
on the most recent Status of U.S. Fisheries Report to Congress, the AA
will file a notification with the Office of the Federal Register, at or
near the beginning of the following fishing year to reduce the ACL and
the ACT for that following year by the amount of the ACL overage in the
prior fishing year, unless the best scientific information available
determines that a greater, lesser, or no overage adjustment is
necessary.
(iii) The recreational ACL for gray triggerfish is 241,200 lb
(109,406 kg), round weight. The recreational ACT for gray triggerfish
is 217,100 lb (98,475 kg), round weight. Recreational landings will be
evaluated relative to the ACL based on a moving multi-year average of
landings, as described in the FMP.
* * * * *
[FR Doc. 2013-16018 Filed 7-2-13; 8:45 am]
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