[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Rules and Regulations]
[Pages 60565-60566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25488]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 150626556-5886-02]
RIN 0648-BD81
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Coral, Coral Reefs, and Live/Hard Bottom Habitats of the South Atlantic
Region; Amendment 8; 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 Amendment 8 to the Fishery Management Plan for
Coral, Coral Reefs, and Live/Hard Bottom Habitats of the South Atlantic
Region (FMP)(Amendment 8), which published in the Federal Register on
July 17, 2015. The Amendment 8 final rule contained some incorrect
waypoints for the Oculina Bank Habitat Area of Particular Concern
(HAPC)(Oculina Bank HAPC) as well as incorrect language regarding the
gear stowage requirements for vessels with rock shrimp onboard
transiting through the Oculina Bank HAPC. The purpose of this
correcting amendment is to fix these errors.
DATES: This correction is effective October 7, 2015.
FOR FURTHER INFORMATION CONTACT: Karla Gore, 727-824-5305; email:
[email protected].
SUPPLEMENTARY INFORMATION: On July 17, 2015, NMFS published a final
rule in the Federal Register (80 FR 42423) to implement provisions for
Amendment 8, that expands portions of the northern and western
boundaries of the Oculina Bank HAPC and allows transit through the
Oculina Bank HAPC by fishing vessels with rock shrimp onboard; modifies
vessel monitoring systems (VMS) requirements for rock shrimp fishermen
transiting through the Oculina Bank HAPC; expands a portion of the
western boundary of the Stetson Reefs, Savannah and East Florida
Lithotherms, and Miami Terrace Deepwater Coral HAPC (Stetson-Miami
Terrace CHAPC), including modifications to shrimp access area 1; and
expands a portion of the northern boundary of the Cape Lookout CHAPC.
The purpose of the final rule is to increase protection for deepwater
coral based on new information for deepwater coral resources in the
South Atlantic. The final rule was effective August 17, 2015.
The regulatory text in the Amendment 8 final rule in Sec.
622.224(b)(1) contains three waypoints that were incorrectly listed for
describing the Oculina Bank HAPC. These waypoints were correctly
identified in Amendment 8 but were incorrectly converted to the
coordinate format used for the proposed and final rules for Amendment
8. The incorrect waypoints are the origin point and points 7 and 8 for
the Oculina Bank HAPC.
Additionally, the proposed and final rules for Amendment 8
incorrectly described the gear stowage provisions for vessels
transiting the Oculina Bank HAPC with rock shrimp onboard. The
regulatory text in the Amendment 8 final rule in Sec.
622.224(b)(1)(i)(C) states that appropriate stowage for shrimp trawl
fishing gear includes the trawl doors and nets being out of the water
and onboard the vessel deck or below deck. However, as described in the
Amendment 8, the correct gear stowage for the trawl doors and nets is
to have the doors and nets out of the water. Requiring the trawl doors
and nets to be on deck was contrary to the intent of the South Atlantic
Fishery Management Council (Council) and not consistent with Amendment
8.
This notification corrects the table in Sec. 622.224(b)(1) with
the correct coordinates and corrects the gear stowage language in Sec.
622.224(b)(1)(i)(C) by incorporating the necessary language from
Amendment 8 back into the regulations.
Correction
As published, the final rule for Amendment 8, published on July 17,
2015 (80 FR 42423), incorrectly listed three waypoints for the Oculina
Bank HAPC and incorrectly described gear stowage language for vessels
transiting the area. Coordinates are added to Sec. 622.224(b)(1) and
language is revised in Sec. 622.224(b)(1)(i)(C) to correct these
errors.
Classification
The Regional Administrator, Southeast Region, NMFS has determined
that this correcting amendment is necessary for the
[[Page 60566]]
conservation and management of South Atlantic coral resources and is
consistent with Amendment 8, the FMP, the Magnuson-Stevens Fishery
Conservation and Management Act, and other applicable law.
This correcting amendment 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
impracticable and contrary to the public interest. This correcting
amendment corrects the positions for the Oculina Bank HAPC and the
associated gear stowage provisions that were incorrectly described in
the final rule. Providing prior notice and opportunity for public
comment is contrary to the public interest because not correcting the
waypoints will cause confusion among the affected fishers and will not
properly protect the Oculina Bank HAPC. With regard to the gear stowage
requirements, not correcting these regulations will require fishers to
comply with gear stowage methods that are not those recommended by the
Council. The Council developed the gear stowage requirements in
coordination with the affected fishers and these stowage requirements
represent a safer approach for these fishers given the offshore
conditions they may encounter. It would be impracticable to subject
this action to notice and comment because the provisions of Amendment 8
are currently in effect and any delay in implementation of this rule
would further any confusion that exists on the location of the
waypoints and the gear stowage requirements.
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 this rule is not
implemented immediately, it would cause confusion among the affected
fishers of the location of the waypoints for Oculina Bank HAPC, would
result in inadequate protection of the Oculina Bank HAPC, and require
fishers to comply with gear stowage methods that were not recommended
by the Council.
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
Coral, Coral Reefs, Fisheries, Fishing, HAPC, Shrimp, South
Atlantic.
Dated: September 30, 2015.
Samuel D. Rauch III,
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. 622.224, entries 7 and 8 in the table in paragraph (b)(1)
and paragraph (b)(1)(i)(C) are revised to read as follows:
Sec. 622.224 Area closures to protect South Atlantic corals.
* * * * *
(b) * * *
(1) * * *
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Point North lat. West long.
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* * * * *
7................... 28[deg]56'01.86'' 80[deg]08'53.64''
8................... 28[deg]52'44.40'' 80[deg]08'53.04''
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(i) * * *
(C) Fish for or possess rock shrimp in or from the Oculina Bank
HAPC, except a shrimp vessel with a valid commercial vessel permit for
rock shrimp that possesses rock shrimp may transit through the Oculina
Bank HAPC if fishing gear is appropriately stowed. For the purpose of
this paragraph, transit means a direct and non-stop continuous course
through the area, maintaining a minimum speed of five knots as
determined by an operating VMS and a VMS minimum ping rate of 1 ping
per 5 minutes; fishing gear appropriately stowed means that doors and
nets are out of the water.
* * * * *
[FR Doc. 2015-25488 Filed 10-6-15; 8:45 am]
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