Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Comprehensive Ecosystem-Based Amendment 2 for the South Atlantic Region; Correction, 29555-29556 [2012-12156]
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Federal Register / Vol. 77, No. 97 / Friday, May 18, 2012 / Rules and Regulations
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David L. Miller,
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and Mitigation Administration, Department
of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2012–12122 Filed 5–17–12; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 110831547–2425–03]
RIN 0648–BB26
srobinson on DSK4SPTVN1PROD with RULES
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic;
Comprehensive Ecosystem-Based
Amendment 2 for the South Atlantic
Region; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Correcting amendment.
AGENCY:
This action corrects the final
rule implementing the Comprehensive
SUMMARY:
VerDate Mar<15>2010
16:15 May 17, 2012
Jkt 226001
Ecosystem-Based Amendment 2 (CE–BA
2) for the South Atlantic region, which
was published in the Federal Register
on December 30, 2011. This correcting
amendment removes a paragraph of
regulatory text that was incorrectly
retained and will eliminate any possible
confusion over what the regulations
require.
DATES: This correction is effective May
18, 2012.
FOR FURTHER INFORMATION CONTACT:
Anne Marie Eich, 727–824–5305; email:
AnneMarie.Eich@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
On December 30, 2011, NMFS
published a final rule to implement CE–
BA 2 (76 FR 82183). On January 30,
2012, NMFS published a correction to
that final rule which revised the
organization of the regulatory text
implemented in CE–BA 2 (77 FR 4493).
That final rule (76 FR 82183) and the
correction (77 FR 4493) in part modified
the fishery management unit (FMU) for
octocorals under the Fishery
Management Plan (FMP) for Coral, Coral
Reefs, and Live/Hard Bottom Habitats of
the South Atlantic Region (South
Atlantic Coral FMP) in the South
Atlantic exclusive economic zone (EEZ).
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Fmt 4700
Sfmt 4700
On December 29, 2011, NMFS
published a final rule to implement the
Generic Annual Catch Limits/
Accountability Measures Amendment
(Generic ACL Amendment) to the Red
Drum, Reef Fish Resources, Shrimp, and
Coral and Coral Reefs FMPs for the Gulf
of Mexico (Gulf)(76 FR 82044). That
final rule in part modified the FMU for
octocorals under the Coral and Coral
Reefs FMP (Gulf Coral FMP) in the Gulf
EEZ.
Prior to implementation of the final
rules for CE–BA 2 and the Generic ACL
Amendment, a 50,000 colony quota for
allowable octocoral was in place in the
Gulf and South Atlantic EEZs and a
prohibition on the harvest of octocorals
north of Florida, in the South Atlantic
EEZ was in effect. CE–BA 2 removed
octocorals from the FMU off Florida, in
the South Atlantic EEZ, and as such
modified the FMU for octocorals under
the South Atlantic Coral FMP to include
octocorals in the EEZ off North Carolina,
South Carolina, and Georgia only. CE–
BA 2 included an ACL for octocorals in
the EEZ off North Carolina, South
Carolina, and Georgia of zero. The
Generic ACL Amendment removed
octocorals from the FMU in the Gulf
EEZ. Therefore, Federal management of
octocorals in the South Atlantic EEZ off
E:\FR\FM\18MYR1.SGM
18MYR1
29556
Federal Register / Vol. 77, No. 97 / Friday, May 18, 2012 / Rules and Regulations
Florida and in the Gulf EEZ is no longer
included under the South Atlantic or
Gulf Coral FMPs.
Florida’s Fish and Wildlife
Conservation Commission (FWC) is
currently responsible for the majority of
the management, implementation, and
enforcement of octocoral harvest
because the majority of octocoral
harvest occurs in Florida state waters. In
the absence of Federal regulations, the
FWC regulations on octocoral harvest
apply to adjacent Federal waters (68B–
42.006 of the Florida Administrative
Code).
Need for Correction
After the regulations implementing
CE–BA 2 and the Generic ACL
Amendment became effective on
January 30, 2012, NMFS determined
that the quota for Gulf allowable
octocoral, specified in paragraph (b) of
§ 622.42, was inadvertently retained in
the regulations. The final rule
implementing the Generic ACL
Amendment removed the allowable
octocoral quota for the Gulf EEZ, and
the final rule implementing CE–BA 2
removed the allowable octocoral quota
for the South Atlantic EEZ. However,
these two final rules became effective on
the same day and the Gulf allowable
octocoral quota was inadvertently
retained in the regulations through the
final rule implementing CE–BA 2.
NMFS’s intent was to remove the quota
for both Gulf and South Atlantic
allowable octocoral from the regulations
because the quota is no longer managed
under Federal FMPs. This correcting
amendment is necessary to remove and
reserve paragraph (b) in § 622.42.
srobinson on DSK4SPTVN1PROD with RULES
Correction
As published, the final rule
implementing CE–BA 2 contains an
error in the regulatory text. In § 622.42,
paragraph (b) should be removed and
reserved. 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. This correcting
amendment removes a paragraph of
regulatory text that was incorrectly
retained. NMFS incorrectly retained the
quota for Gulf allowable octocoral in the
CE–BA 2 final rule. The Generic ACL
Amendment removed octocoral from
Federal management in the Gulf EEZ.
Notice and comment is unnecessary
VerDate Mar<15>2010
16:15 May 17, 2012
Jkt 226001
because the public had notice and an
opportunity to comment on the removal
of the quota for Gulf allowable octocoral
when NMFS promulgated the proposed
rule for the Generic ACL Amendment.
The public has been led to believe that
the quota for Gulf allowable octocoral
was removed from the regulations on
the effective date of the final rule
implementing the Generic ACL
Amendment. The delay caused by an
additional public comment period
might cause confusion among regulated
parties 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. This correction
removes regulatory text that the public
believed was previously removed and
does not change operating practices in
Gulf or South Atlantic fisheries.
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.
This rule has been determined to be
not significant under Executive Order
12866.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico,
Reporting and recordkeeping
requirements, Virgin Islands.
Dated: May 15, 2012.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
Accordingly, 50 CFR part 622 is
corrected by making the following
correcting amendment:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF, AND SOUTH
ATLANTIC
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
§ 622.42
[Amended]
2. In § 622.42, paragraph (b) is
removed and reserved.
■
[FR Doc. 2012–12156 Filed 5–17–12; 8:45 am]
BILLING CODE 3210–22–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 0906041011–2432–02]
RIN 0648–AX91
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Halibut and
Sablefish Individual Fishing Quota
Program
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues a final rule to
modify the Individual Fishing Quota
(IFQ) Program for the Fixed-Gear
Commercial Fisheries for Pacific Halibut
and Sablefish in Waters in and off
Alaska (IFQ Program) by revoking quota
share (QS) that have been inactive since
they were originally issued in 1995.
Inactive QS are those held by persons
that have never harvested their IFQ and
have never transferred QS or IFQ into or
out of their IFQ accounts.
This action is necessary to achieve the
catch limit from the halibut fisheries
and optimum yield from the sablefish
fisheries in Alaska in accordance with
National Standard 1 of the MagnusonStevens Fishery Conservation and
Management Act, and this action will
achieve more efficient use of these
species. The intended effect is to
promote the management provisions in
the Northern Pacific Halibut Act of
1982, the Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area, and
the Fishery Management Plan for
Groundfish of the Gulf of Alaska.
DATES: Effective June 18, 2012.
ADDRESSES: Electronic copies of this
rule, the categorical exclusion
memorandum, the Regulatory Impact
Review/Initial Regulatory Flexibility
Analysis (RIR/IRFA), and the Regulatory
Impact Review/Final Regulatory
Flexibility Analysis (RIR/FRFA)
prepared for this action are available
from https://www.regulations.gov or from
the NMFS Alaska Region Web site at
https://alaskafisheries.noaa.gov. Written
requests may be submitted by mail to
NMFS, Alaska Region, P.O. Box 21668,
Juneau, AK 99802–1668, Attn: Ellen
Sebastian, Records Officer; or in person
at NMFS, Alaska Region, 709 West 9th
Street, Room 420A, Juneau, Alaska.
Written comments regarding the
burden-hour estimates or other aspects
SUMMARY:
E:\FR\FM\18MYR1.SGM
18MYR1
]]>Agencies
[Federal Register Volume 77, Number 97 (Friday, May 18, 2012)]
[Rules and Regulations]
[Pages 29555-29556]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12156]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 110831547-2425-03]
RIN 0648-BB26
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Comprehensive Ecosystem-Based Amendment 2 for the South Atlantic
Region; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This action corrects the final rule implementing the
Comprehensive Ecosystem-Based Amendment 2 (CE-BA 2) for the South
Atlantic region, which was published in the Federal Register on
December 30, 2011. This correcting amendment removes a paragraph of
regulatory text that was incorrectly retained and will eliminate any
possible confusion over what the regulations require.
DATES: This correction is effective May 18, 2012.
FOR FURTHER INFORMATION CONTACT: Anne Marie Eich, 727-824-5305; email:
AnneMarie.Eich@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
On December 30, 2011, NMFS published a final rule to implement CE-
BA 2 (76 FR 82183). On January 30, 2012, NMFS published a correction to
that final rule which revised the organization of the regulatory text
implemented in CE-BA 2 (77 FR 4493). That final rule (76 FR 82183) and
the correction (77 FR 4493) in part modified the fishery management
unit (FMU) for octocorals under the Fishery Management Plan (FMP) for
Coral, Coral Reefs, and Live/Hard Bottom Habitats of the South Atlantic
Region (South Atlantic Coral FMP) in the South Atlantic exclusive
economic zone (EEZ).
On December 29, 2011, NMFS published a final rule to implement the
Generic Annual Catch Limits/Accountability Measures Amendment (Generic
ACL Amendment) to the Red Drum, Reef Fish Resources, Shrimp, and Coral
and Coral Reefs FMPs for the Gulf of Mexico (Gulf)(76 FR 82044). That
final rule in part modified the FMU for octocorals under the Coral and
Coral Reefs FMP (Gulf Coral FMP) in the Gulf EEZ.
Prior to implementation of the final rules for CE-BA 2 and the
Generic ACL Amendment, a 50,000 colony quota for allowable octocoral
was in place in the Gulf and South Atlantic EEZs and a prohibition on
the harvest of octocorals north of Florida, in the South Atlantic EEZ
was in effect. CE-BA 2 removed octocorals from the FMU off Florida, in
the South Atlantic EEZ, and as such modified the FMU for octocorals
under the South Atlantic Coral FMP to include octocorals in the EEZ off
North Carolina, South Carolina, and Georgia only. CE-BA 2 included an
ACL for octocorals in the EEZ off North Carolina, South Carolina, and
Georgia of zero. The Generic ACL Amendment removed octocorals from the
FMU in the Gulf EEZ. Therefore, Federal management of octocorals in the
South Atlantic EEZ off
[[Page 29556]]
Florida and in the Gulf EEZ is no longer included under the South
Atlantic or Gulf Coral FMPs.
Florida's Fish and Wildlife Conservation Commission (FWC) is
currently responsible for the majority of the management,
implementation, and enforcement of octocoral harvest because the
majority of octocoral harvest occurs in Florida state waters. In the
absence of Federal regulations, the FWC regulations on octocoral
harvest apply to adjacent Federal waters (68B-42.006 of the Florida
Administrative Code).
Need for Correction
After the regulations implementing CE-BA 2 and the Generic ACL
Amendment became effective on January 30, 2012, NMFS determined that
the quota for Gulf allowable octocoral, specified in paragraph (b) of
Sec. 622.42, was inadvertently retained in the regulations. The final
rule implementing the Generic ACL Amendment removed the allowable
octocoral quota for the Gulf EEZ, and the final rule implementing CE-BA
2 removed the allowable octocoral quota for the South Atlantic EEZ.
However, these two final rules became effective on the same day and the
Gulf allowable octocoral quota was inadvertently retained in the
regulations through the final rule implementing CE-BA 2. NMFS's intent
was to remove the quota for both Gulf and South Atlantic allowable
octocoral from the regulations because the quota is no longer managed
under Federal FMPs. This correcting amendment is necessary to remove
and reserve paragraph (b) in Sec. 622.42.
Correction
As published, the final rule implementing CE-BA 2 contains an error
in the regulatory text. In Sec. 622.42, paragraph (b) should be
removed and reserved. 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. This correcting
amendment removes a paragraph of regulatory text that was incorrectly
retained. NMFS incorrectly retained the quota for Gulf allowable
octocoral in the CE-BA 2 final rule. The Generic ACL Amendment removed
octocoral from Federal management in the Gulf EEZ. Notice and comment
is unnecessary because the public had notice and an opportunity to
comment on the removal of the quota for Gulf allowable octocoral when
NMFS promulgated the proposed rule for the Generic ACL Amendment. The
public has been led to believe that the quota for Gulf allowable
octocoral was removed from the regulations on the effective date of the
final rule implementing the Generic ACL Amendment. The delay caused by
an additional public comment period might cause confusion among
regulated parties 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. This correction removes
regulatory text that the public believed was previously removed and
does not change operating practices in Gulf or South Atlantic
fisheries.
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.
This rule has been determined to be not significant under Executive
Order 12866.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: May 15, 2012.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
Accordingly, 50 CFR part 622 is corrected by making the following
correcting amendment:
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
Sec. 622.42 [Amended]
0
2. In Sec. 622.42, paragraph (b) is removed and reserved.
[FR Doc. 2012-12156 Filed 5-17-12; 8:45 am]
BILLING CODE 3210-22-P
