[Federal Register Volume 80, Number 187 (Monday, September 28, 2015)]
[Rules and Regulations]
[Pages 58219-58220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24577]
[[Page 58219]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 150226189-5859-03]
RIN 0648-BE91
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management
Measures; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correcting amendment.
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SUMMARY: NMFS corrects the final rule that implemented management
measures described in a framework action to the Fishery Management Plan
for the Reef Fish Resources of the Gulf of Mexico (FMP), which
published in the Federal Register on May 1, 2015. The framework final
rule published shortly after the final rule for Amendment 40 to the FMP
and not all of the regulatory text implemented by the Amendment 40
final rule was incorporated into the final rule for the framework
amendment. Specifically, the express references to the red snapper
component quotas, annual catch targets (ACTs), and seasons lengths were
left out of the final rule for the framework amendment. The purpose of
this correcting amendment is to fix the error by reinstating the
omitted regulatory text.
DATES: This correction is effective September 28, 2015.
FOR FURTHER INFORMATION CONTACT: Cynthia Meyer, telephone 727-824-5305;
email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The final rule for Amendment 40 to the FMP published on April 22,
2015 (80 FR 22422), and established two components within the
recreational sector for Gulf of Mexico (Gulf) red snapper (a Federal
charter vessel/headboat (for-hire) component and a private angling
component), allocated the red snapper recreational quota between the
components, established recreational component ACTs, established
separate seasonal closures for the two components, and established
component specific overage adjustments the year following an overage of
the total recreational annual catch limit (ACL).
The final rule for the framework amendment published on May 1,
2015, and increased the commercial and recreational quotas for red
snapper in the Gulf reef fish fishery for the 2015, 2016, and 2017
fishing years, and subsequent fishing years (80 FR 24832). This rule
did not change the structure of the separate components quotas and ACTs
that were implemented in the Amendment 40 final rule.
The regulatory text in the Amendment 40 final rule in Sec.
622.41(q)(2)(i) and (ii), that expressly referred to component specific
seasons and overage adjustments the year following an overage of the
total recreational ACL, was not carried over into the final rule for
the framework amendment. This notification corrects Sec.
622.41(q)(2)(i) and (ii) by adding the necessary language from the
Amendment 40 final rule back into the regulations.
Correction
As published, the final rule for the framework amendment, published
May 1, 2015 (80 FR 24832), did not reflect the regulatory text
implemented by the final rule for Amendment 40, published April 22,
2015 (80 FR 22422). Language is added to Sec. 622.41(q)(2)(i) and (ii)
to correct that omission.
Classification
The Regional Administrator, Southeast Region, NMFS has determined
that this correcting amendment is necessary for the conservation and
management of Gulf red snapper and is consistent with Amendment 40, the
framework amendment, the FMP, the Magnuson-Stevens Fishery Conservation
and Management Act, and other applicable law.
This final rule has been determined to be not significant under
Executive Order 12866.
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
rules for the framework amendment and Amendment 40 and the final rule
for Amendment 40 included this regulatory text. This correcting
amendment reinstates the regulatory text that was inadvertently omitted
from the final rule for the framework action that published on May 1,
2015 (80 FR 24832). If the rule was delayed to allow for prior notice
and opportunity for public comment, it would cause confusion because
the public believes that the omitted text is already included in the
regulations.
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. If the rule was delayed
to allow for the 30-day delay in effectiveness, it would continue to
cause confusion because the public believes that the omitted text is
already included in the regulations.
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.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Gulf of Mexico, Quotas,
Recreational, Red snapper.
Dated: September 21, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries, 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, paragraphs (q)(2)(i) and (ii) are revised to read
as follows:
Sec. 622.41 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(q) * * *
(2) * * *
(i) The AA will determine the length of the red snapper
recreational fishing season, or recreational fishing seasons for the
Federal charter vessel/headboat and private angling components, based
on when recreational landings are projected to reach the recreational
ACT, or respective recreational component ACT specified in paragraph
(q)(2)(iii) of this section, and announce the closure date(s) in the
Federal Register. These seasons will serve as in-season accountability
measures. On and after the effective date of the recreational
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closure or recreational component closure notifications, the bag and
possession limit for red snapper or for the respective component is
zero. When the recreational sector or Federal charter vessel/headboat
component is closed, 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 paragraph (q)(2)(i)
of this section, if red snapper recreational landings, as estimated by
the SRD, exceed the total recreational quota specified in Sec.
622.39(a)(2)(i)(A), and red snapper 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 to reduce the
total recreational quota by the amount of the quota overage in the
prior fishing year, and reduce the applicable recreational component
quota(s) specified in Sec. 622.39(a)(2)(i)(B) and (C) and the
applicable recreational component ACT(s) specified in paragraph
(q)(2)(iii) of this section (based on the buffer between the total
recreational ACT and the total recreational quota specified in the
FMP), unless NMFS determines based upon the best scientific information
available that a greater, lesser, or no overage adjustment is
necessary.
* * * * *
[FR Doc. 2015-24577 Filed 9-25-15; 8:45 am]
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