Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management Measures; Correction, 58219-58220 [2015-24577]
Download as PDF
<![CDATA[
Federal Register / Vol. 80, No. 187 / Monday, September 28, 2015 / Rules and Regulations
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
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correcting
amendment.
AGENCY:
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.
SUMMARY:
This correction is effective
September 28, 2015.
DATES:
FOR FURTHER INFORMATION CONTACT:
Cynthia Meyer, telephone 727–824–
5305; email: Cynthia.Meyer@noaa.gov.
SUPPLEMENTARY INFORMATION:
tkelley on DSK3SPTVN1PROD with RULES
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
VerDate Sep<11>2014
17:11 Sep 25, 2015
Jkt 235001
58219
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 § 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 § 622.41(q)(2)(i)
and (ii) by adding the necessary
language from the Amendment 40 final
rule back into the regulations.
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.
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 § 622.41(q)(2)(i) and (ii) to
correct that omission.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Gulf
of Mexico, Quotas, Recreational, Red
snapper.
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 MagnusonStevens 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
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
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
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.41, paragraphs (q)(2)(i) and
(ii) are revised to read as follows:
■
§ 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
E:\FR\FM\28SER1.SGM
28SER1
58220
Federal Register / Vol. 80, No. 187 / Monday, September 28, 2015 / Rules and Regulations
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 § 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
§ 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]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 141021887–5172–02]
RIN 0648–XE210
Fisheries of the Exclusive Economic
Zone Off Alaska; Exchange of Flatfish
in the Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reallocation.
AGENCY:
NMFS is exchanging
allocations of Amendment 80
cooperative quota (CQ) for Amendment
80 acceptable biological catch (ABC)
reserves. This action is necessary to
allow the 2015 total allowable catch of
flathead sole, rock sole, and yellowfin
sole in the Bering Sea and Aleutian
Islands management area to be
harvested.
DATES: Effective September 28, 2015,
through December 31, 2015.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
Bering Sea and Aleutian Islands
management area (BSAI) according to
the Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
SUMMARY:
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act. Regulations governing fishing by
U.S. vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The 2015 flathead sole, rock sole, and
yellowfin sole Amendment 80
allocations of the total allowable catch
(TAC) specified in the BSAI are 16,655
metric tons (mt), 53,840 mt, and 111,892
mt as established by the final 2015 and
2016 harvest specifications for
groundfish in the BSAI (80 FR 11919,
March 5, 2015). The 2015 flathead sole,
rock sole, and yellowfin sole
Amendment 80 ABC reserves are 37,399
mt, 100,418 mt, and 89,121 mt as
established by the final 2015 and 2016
harvest specifications for groundfish in
the BSAI (80 FR 11919, March 5, 2015).
The Alaska Seafood cooperative has
requested that NMFS exchange 5,620 mt
of flathead sole and 1,450 mt of rock
sole Amendment 80 allocations of the
TAC for 7,070 mt of yellowfin sole
Amendment 80 ABC reserves under
§ 679.91(i). Therefore, in accordance
with § 679.91(i), NMFS exchanges 5,620
mt of flathead sole and 1,450 mt of rock
sole Amendment 80 allocations of the
TAC for 7,070 mt of yellowfin sole
Amendment 80 ABC reserves in the
BSAI. This action also decreases and
increases the TACs and Amendment 80
ABC reserves by the corresponding
amounts. Tables 11 and 13 of the final
2015 and 2016 harvest specifications for
groundfish in the BSAI (80 FR 11919,
March 5, 2015) and as revised (80 FR
55562, September 16, 2015) are further
revised as follows:
TABLE 11—FINAL 2015 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH AMOUNTS (ICAS), AND
AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI FLATHEAD SOLE, ROCK
SOLE, AND YELLOWFIN SOLE TACS
[Amounts are in metric tons]
Pacific ocean perch
Sector
Eastern
Aleutian
district
tkelley on DSK3SPTVN1PROD with RULES
TAC ..........................................................
CDQ .........................................................
ICA ...........................................................
BSAI trawl limited access ........................
Amendment 80 .........................................
Alaska Groundfish Cooperative ...............
Alaska Seafood Cooperative ...................
8,000
856
100
704
6,340
3,362
2,978
Central
Aleutian
district
Flathead sole
Western
Aleutian
district
7,000
749
75
618
5,558
2,947
2,611
9,000
963
10
161
7,866
4,171
3,695
Rock sole
Yellowfin sole
BSAI
BSAI
BSAI
18,355
2,320
5,000
0
11,035
1,708
9,327
Note: Sector apportionments may not total precisely due to rounding.
VerDate Sep<11>2014
17:11 Sep 25, 2015
Jkt 235001
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
E:\FR\FM\28SER1.SGM
28SER1
67,475
7,085
8,000
0
52,390
13,318
39,072
156,670
16,543
5,000
16,165
118,962
44,455
74,507
]]>Agencies
[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]]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: Cynthia.Meyer@noaa.gov.
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
[[Page 58220]]
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]
BILLING CODE 3510-22-P
