[Federal Register Volume 82, Number 108 (Wednesday, June 7, 2017)]
[Rules and Regulations]
[Pages 26376-26377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11804]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 170515489-7489-01]
RIN 0648-BG89
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management
Measures; Compliance With Court Order
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This final rule revises the Gulf of Mexico (Gulf) red snapper
commercial and recreational sector allocations of the stock annual
catch limit (ACL), the commercial and recreational quotas, and the
recreational annual catch targets (ACTs), including ACTs for the
private angling and for-hire (charter vessels and headboats) components
of the recreational sector. A court order directs NMFS to reinstate the
previous red snapper sector allocations, and the corresponding sector
quotas (which are equivalent to the ACLs), to 51 percent commercial and
49 percent recreational. The intent of this final rule is to ensure
that the regulations reflect the sector allocations and corresponding
catch levels as required by the court order.
DATES: This final rule is effective on June 6, 2017.
FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, NMFS Southeast
Regional Office, telephone: 727-824-5305, email:
[email protected].
SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery includes red
snapper and is managed under the Fishery Management Plan for the Reef
Fish Resources of the Gulf of Mexico (FMP). The FMP was prepared by the
Gulf of Mexico Fishery Management Council and is implemented by NMFS
through regulations at 50 CFR part 622 under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). All weights for red snapper below apply as round weight.
The Secretary of Commerce approved Amendment 28 to the FMP on March
23, 2016. The purpose of Amendment 28 was to reallocate the red snapper
harvest consistent with the 2014 red snapper update assessment to
ensure the allowable catch and recovery benefits from a rebuilding
stock were fairly and equitably allocated between the commercial and
recreational sectors to achieve optimum yield. On April 28, 2016, NMFS
published a final rule implementing Amendment 28 (81 FR 25576).
The final rule for Amendment 28 revised the allocation of the red
snapper ACL between the commercial and recreational sectors to be 48.5
percent and 51.5 percent, respectively, and consequently revised the
commercial and recreational quotas and ACLs, as well as the
recreational ACTs (81 FR 25576, April 28, 2016). However, a court
decision in Guindon v. Pritzker, 2017
[[Page 26377]]
WL 875775 (D.D.C. March 3, 2017), vacated Amendment 28 and its
implementing final rule. The court order directs NMFS to reinstate the
sector allocations of red snapper to 51 percent commercial and 49
percent recreational, which were in effect prior to the implementation
of the Amendment 28 final rule. This results in a total commercial
quota of 7,007,000 lb (3,178,000 kg) and a total recreational quota of
6,733,000 lb (3,054,000 kg). The total recreational quota is further
divided to a private angling quota and ACT of 3,885,000 lb (1,762,000
kg), and 3,108,000 lb (1,410,000 kg), respectively; and a Federal for-
hire component quota and ACT of 2,848,000 lb (1,292,000 kg), and
2,278,000 lb (1,033,000 kg), respectively. The recreational component
quotas and ACTs are in effect through the 2022 fishing year.
All other provisions that are currently applicable to the Gulf reef
fish fishery and red snapper remain unchanged as a result of this final
rule.
Classification
The Assistant Administrator for NOAA Fisheries (AA) has determined
that this final rule is consistent with the March 3, 2017, court order,
the FMP, the Magnuson-Stevens Act, and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
Because this rulemaking is required by court order and prior notice
and opportunity for public comment are not required under 5 U.S.C. 553,
or any other law, the regulatory flexibility analysis requirements of
the Regulatory Flexibility Act, 5 U.S.C. 603-605, do not apply to this
final rule. In addition, because the changes required by the court
order that are identified in this final rule are non-discretionary, the
National Environmental Policy Act does not apply to this final rule.
The AA finds good cause to waive notice and public comment on this
action because it is unnecessary and contrary to the public interest,
as provided by 5 U.S.C. 553(b)(B). This action is limited in scope and
ensures that the regulatory text provides accurate information to the
regulated public that is consistent with a Federal court order. NMFS
does not have discretion to take other action, as there is no
alternative to complying with the requirements of the court order.
Furthermore, the AA finds good cause to waive the 30-day delay in
effectiveness, as provided by 5 U.S.C. 553(d)(3), as such delay would
be contrary to the public interest because the measures contained in
this final rule are necessary to ensure that the Gulf reef fish fishery
is conducted in compliance with a Federal court order. If the
requirements are not implemented immediately, then red snapper harvest
will not be managed in accordance with the court order.
List of Subjects in 50 CFR Part 622
Allocation, Commercial, Fisheries, Fishing, Gulf of Mexico,
Recreational, Red snapper.
Dated: June 2, 2017.
Samuel D. Rauch, III,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 622 is amended
as follows:
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. 622.39, revise paragraphs (a)(1)(i) and (a)(2)(i) to read
as follows:
Sec. 622.39 Quotas.
* * * * *
(a) * * *
(1) * * *
(i) Commercial quota for red snapper. For fishing year 2017 and
subsequent fishing years--7.007 million lb (3.178 million kg), round
weight.
* * * * *
(2) * * *
(i) Recreational quota for red snapper--(A) Total recreational
quota (Federal charter vessel/headboat and private angling component
quotas combined). For fishing year 2017 and subsequent fishing years--
6.733 million lb (3.054 million kg), round weight.
(B) Federal charter vessel/headboat component quota. The Federal
charter vessel/headboat component quota applies to vessels that have
been issued a valid Federal charter vessel/headboat permit for Gulf
reef fish any time during the fishing year. This component quota is
effective for only the 2015 through 2022 fishing years. For the 2023
and subsequent fishing years, the applicable total recreational quota,
specified in paragraph (a)(2)(i)(A) of this section, will apply to the
recreational sector. For fishing years 2017 through 2022--2.848 million
lb (1.292 million kg), round weight.
(C) Private angling component quota. The private angling component
quota applies to vessels that fish under the bag limit and have not
been issued a Federal charter vessel/headboat permit for Gulf reef fish
any time during the fishing year. This component quota is effective for
only the 2015 through 2022 fishing years. For the 2023 and subsequent
fishing years, the applicable total recreational quota, specified in
paragraph (a)(2)(i)(A) of this section, will apply to the recreational
sector. For fishing years 2017 through 2022--3.885 million lb (1.762
million kg), round weight.
* * * * *
0
3. In Sec. 622.41, revise paragraph (q)(2)(iii) to read as follows:
Sec. 622.41 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(q) * * *
(2) * * *
(iii) Recreational ACT for red snapper--(A) Total recreational ACT
(Federal charter vessel/headboat and private angling component ACTs
combined). The total recreational ACT is 5.386 million lb (2.443
million kg), round weight.
(B) Federal charter vessel/headboat component ACT. The Federal
charter vessel/headboat component ACT applies to vessels that have been
issued a valid Federal charter vessel/headboat permit for Gulf reef
fish any time during the fishing year. This component ACT is effective
for only the 2015 through 2022 fishing years. For the 2023 and
subsequent fishing years, the applicable total recreational ACT,
specified in paragraph (q)(2)(iii)(A) of this section, will apply to
the recreational sector. The component ACT is 2.278 million lb (1.033
million kg), round weight, for fishing years 2017 through 2022.
(C) Private angling component ACT. The private angling component
ACT applies to vessels that fish under the bag limit and have not been
issued a Federal charter vessel/headboat permit for Gulf reef fish any
time during the fishing year. This component ACT is effective for only
the 2015 through 2022 fishing years. For the 2023 and subsequent
fishing years, the applicable total recreational ACT, specified in
paragraph (q)(2)(iii)(A) of this section, will apply to the
recreational sector. The component ACT is 3.108 million lb (1.410
million kg), round weight, for fishing years 2017 through 2022.
[FR Doc. 2017-11804 Filed 6-6-17; 8:45 am]
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