Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Amendment 45, 58466-58467 [2016-20404]
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Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Proposed Rules
mammal, and the lead MMO determines
that the injury or death is not associated
with or related to the activities
authorized in the LOA (e.g., previously
wounded animal, carcass with moderate
to advanced decomposition, scavenger
damage), the Corps shall report the
incident to the Office of Protected
Resources, NMFS, and the West Coast
Regional Stranding Coordinator, NMFS,
within 24 hours of the discovery. The
Corps shall provide photographs or
video footage or other documentation of
the stranded animal sighting to NMFS.
If the observed marine mammal is dead,
activities may continue while NMFS
reviews the circumstances of the
incident. If the observed marine
mammal is injured, measures described
in paragraph (e) must be implemented.
In this case, NMFS will notify the Corps
when activities may resume.
Lhorne on DSK30JT082PROD with PROPOSALS
§ 217.236
Letters of Authorization.
(a) To incidentally take marine
mammals pursuant to these regulations,
the Corps must apply for and obtain an
LOA.
(b) An LOA, unless suspended or
revoked, may be effective for a period of
time not to exceed the expiration date
of these regulations.
(c) If an LOA expires prior to the
expiration date of these regulations, the
Corps may apply for and obtain a
renewal of the Letter of Authorization.
(d) In the event of projected changes
to the activity or to mitigation and
monitoring measures required by an
LOA, the Corps must apply for and
obtain a modification of the Letter of
Authorization as described in § 217.237.
(e) The LOA shall set forth:
(1) Permissible methods of incidental
taking;
(2) Means of effecting the least
practicable adverse impact (i.e.,
mitigation) on the species, its habitat,
and on the availability of the species for
subsistence uses; and
(3) Requirements for monitoring and
reporting.
(f) Issuance of the LOA shall be based
on a determination that the level of
taking will be consistent with the
findings made for the total taking
allowable under these regulations.
(g) Notice of issuance or denial of an
LOA shall be published in the Federal
Register within thirty days of a
determination.
§ 217.237 Renewals and modifications of
Letters of Authorization.
(a) An LOA issued under § 216.106 of
this chapter and § 217.236 for the
activity identified in § 217.230(a) shall
be renewed or modified upon request by
the applicant, provided that:
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13:57 Aug 24, 2016
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(1) The proposed specified activity
and mitigation, monitoring, and
reporting measures, as well as the
anticipated impacts, are the same as
those described and analyzed for these
regulations (excluding changes made
pursuant to the adaptive management
provision in paragraph (c)(1) of this
section; and
(2) NMFS determines that the
mitigation, monitoring, and reporting
measures required by the previous LOA
under these regulations were
implemented.
(b) For LOA modification or renewal
requests by the applicant that include
changes to the activity or the mitigation,
monitoring, or reporting (excluding
changes made pursuant to the adaptive
management provision in
§ 217.247(c)(1)) that do not change the
findings made for the regulations or
result in no more than a minor change
in the total estimated number of takes
(or distribution by species or years),
NMFS may publish a notice of proposed
LOA in the Federal Register, including
the associated analysis of the change,
and solicit public comment before
issuing the LOA.
(c) An LOA issued under § 216.106 of
this chapter and § 217.236 for the
activity identified in § 217.230(a) may
be modified by NMFS under the
following circumstances:
(1) Adaptive management—NMFS
may modify (including augment) the
existing mitigation, monitoring, or
reporting measures (after consulting
with the Corps regarding the
practicability of the modifications) if
doing so creates a reasonable likelihood
of more effectively accomplishing the
goals of the mitigation and monitoring
set forth in the preamble for these
regulations.
(i) Possible sources of data that could
contribute to the decision to modify the
mitigation, monitoring, or reporting
measures in a LOA:
(A) Results from the Corps’
monitoring from the previous year(s).
(B) Results from other marine
mammal and/or sound research or
studies.
(C) Any information that reveals
marine mammals may have been taken
in a manner, extent or number not
authorized by these regulations or
subsequent LOAs.
(ii) If, through adaptive management,
the modifications to the mitigation,
monitoring, or reporting measures are
substantial, NMFS will publish a notice
of proposed LOA in the Federal
Register and solicit public comment.
(2) Emergencies—If NMFS determines
that an emergency exists that poses a
significant risk to the well-being of the
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Sfmt 4702
species or stocks of marine mammals
specified in § 217.232(b), an LOA may
be modified without prior notice or
opportunity for public comment. Notice
would be published in the Federal
Register within thirty days of the action.
[FR Doc. 2016–20018 Filed 8–24–16; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
RIN 0648–BG19
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico;
Amendment 45
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability; request
for comments.
AGENCY:
The Gulf of Mexico (Gulf)
Fishery Management Council (Council)
has submitted Amendment 45 to the
Fishery Management Plan for the Reef
Fish Resources of the Gulf of Mexico
(FMP) for review, approval, and
implementation by NMFS. Amendment
45 would extend the sunset date of the
red snapper sector separation measures
for an additional 5 years, through the
end of the 2022 fishing year. The intent
of Amendment 45 is to extend the sector
separation measures to allow the
Council more time to consider and
possibly develop alternative
management strategies within the Gulf
red snapper recreational sector.
DATES: Written comments must be
received on or before October 24, 2016.
ADDRESSES: You may submit comments
on the amendment identified by
‘‘NOAA–NMFS–2016–0089’’ by either
of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20160089, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Peter Hood, Southeast Regional Office,
NMFS, 263 13th Avenue South, St.
Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
SUMMARY:
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Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Proposed Rules
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in the required fields if you wish
to remain anonymous).
Electronic copies of Amendment 45,
which includes an environmental
assessment, a fishery impact statement,
a Regulatory Flexibility Act analysis,
and a regulatory impact review, may be
obtained from the Southeast Regional
Office Web site at https://
sero.nmfs.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Peter Hood, Southeast Regional Office,
NMFS, telephone: 727–824–5305; email:
Peter.Hood@noaa.gov.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) requires each
regional fishery management council to
submit any fishery management plan or
amendment to any plan to NMFS for
review and approval, partial approval,
or disapproval. The Magnuson-Stevens
Act also requires that NMFS, upon
receiving a plan or plan amendment,
publish an announcement in the
Federal Register notifying the public
that the plan or plan amendment is
available for review and comment.
The FMP being revised by
Amendment 45 was prepared by the
Council and implemented through
regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens Act.
Background
Lhorne on DSK30JT082PROD with PROPOSALS
Amendment 40 to the FMP separated
the Federal recreational red snapper
sector as a way to provide the basis for
increased flexibility in future
management as well as minimize the
chance for recreational quota overruns,
which could jeopardize the rebuilding
of the red snapper stock (80 FR 22422,
April 22, 2015). Amendment 40
VerDate Sep<11>2014
13:57 Aug 24, 2016
Jkt 238001
established sector separation by
defining distinct private angling and
Federal for-hire (charter vessel and
headboat) components within the
recreational sector of those who fish for
red snapper, allocated red snapper
resources between the components, and
established component-specific
accountability measures through the use
of component annual catch targets to
project recreational fishing season
lengths. Amendment 40 defined the
Federal for-hire component as including
operators of vessels with Federal charter
vessel/headboat permits for Gulf reef
fish and their angler clients. The private
angling component was defined as
including anglers fishing from private
vessels and state-permitted for-hire
vessels.
Amendment 40 also applied a 3-year
sunset provision for the regulations
implemented through its final rule. The
sunset provision maintained the
measures for sector separation through
the end of the 2017 fishing year, on
December 31, 2017. The 3-year sunset
provision was included to provide an
incentive for the Council to continue to
evaluate alternative management
measures or programs for the
recreational sector. Unless modified,
after the 2017 fishing year, on January
1, 2018, the management measures
implemented through Amendment 40
will expire and the recreational sector
will be managed as a single entity. The
Council is currently working to develop
and approve other amendments to
address the management of the charter
and headboat fishing within the Federal
for-hire component (Amendments 41
and 42 to the FMP, respectively). The
development of these amendments is
taking longer than the Council
anticipated, and if approved by NMFS,
would likely not be effective until after
the sector separation provisions expire
on December 31, 2017. Therefore, the
Council determined there was a need to
extend the sunset provision for an
additional 5 years past the original
sunset date.
Management Measure Contained in
Amendment 45
Amendment 45 would extend the 3year sunset provision for the separation
PO 00000
Frm 00055
Fmt 4702
Sfmt 9990
58467
of the Federal for-hire and private
angling recreational components for
Gulf red snapper and associated
management measures for an additional
5 years. If implemented, this would
extend Gulf recreational red snapper
sector separation through the end of the
2022 fishing year, on December 31,
2022, rather than the current sunset date
of December 31, 2017. Beginning on
January 1, 2023, the red snapper
recreational sector would be managed as
a single entity without the separate
Federal for-hire and private angling
components. The Council would need
to take further action for these
recreational components and
management measures to extend beyond
the 5-year extension proposed in
Amendment 45.
A proposed rule that would
implement Amendment 45 has been
drafted. In accordance with the
Magnuson-Stevens Act, NMFS is
evaluating Amendment 45 to determine
whether it is consistent with the FMP,
the Magnuson-Stevens Act, and other
applicable law. If the determination is
affirmative, NMFS will publish the
proposed rule in the Federal Register
for public review and comment.
Consideration of Public Comments
The Council has submitted
Amendment 45 for Secretarial review,
approval, and implementation.
Comments on Amendment 45 must be
received by October 24, 2016.
Comments received during the
respective comment periods, whether
specifically directed to the amendment
or the proposed rule, will be considered
by NMFS in its decision to approve,
partially approve, or disapprove
Amendment 45. All comments received
by NMFS on the amendment or the
proposed rule during their respective
comment periods will be addressed in
the final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 22, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2016–20404 Filed 8–24–16; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)]
[Proposed Rules]
[Pages 58466-58467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20404]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-BG19
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Amendment 45
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Gulf of Mexico (Gulf) Fishery Management Council (Council)
has submitted Amendment 45 to the Fishery Management Plan for the Reef
Fish Resources of the Gulf of Mexico (FMP) for review, approval, and
implementation by NMFS. Amendment 45 would extend the sunset date of
the red snapper sector separation measures for an additional 5 years,
through the end of the 2022 fishing year. The intent of Amendment 45 is
to extend the sector separation measures to allow the Council more time
to consider and possibly develop alternative management strategies
within the Gulf red snapper recreational sector.
DATES: Written comments must be received on or before October 24, 2016.
ADDRESSES: You may submit comments on the amendment identified by
``NOAA-NMFS-2016-0089'' by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0089, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Peter Hood, Southeast
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of
[[Page 58467]]
the comment period, may not be considered by NMFS. All comments
received are a part of the public record and will generally be posted
for public viewing on www.regulations.gov without change. All personal
identifying information (e.g., name, address, etc.), confidential
business information, or otherwise sensitive information submitted
voluntarily by the sender will be publicly accessible. NMFS will accept
anonymous comments (enter ``N/A'' in the required fields if you wish to
remain anonymous).
Electronic copies of Amendment 45, which includes an environmental
assessment, a fishery impact statement, a Regulatory Flexibility Act
analysis, and a regulatory impact review, may be obtained from the
Southeast Regional Office Web site at https://sero.nmfs.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Peter Hood, Southeast Regional Office,
NMFS, telephone: 727-824-5305; email: Peter.Hood@noaa.gov.
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) requires each regional
fishery management council to submit any fishery management plan or
amendment to any plan to NMFS for review and approval, partial
approval, or disapproval. The Magnuson-Stevens Act also requires that
NMFS, upon receiving a plan or plan amendment, publish an announcement
in the Federal Register notifying the public that the plan or plan
amendment is available for review and comment.
The FMP being revised by Amendment 45 was prepared by the Council
and implemented through regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens Act.
Background
Amendment 40 to the FMP separated the Federal recreational red
snapper sector as a way to provide the basis for increased flexibility
in future management as well as minimize the chance for recreational
quota overruns, which could jeopardize the rebuilding of the red
snapper stock (80 FR 22422, April 22, 2015). Amendment 40 established
sector separation by defining distinct private angling and Federal for-
hire (charter vessel and headboat) components within the recreational
sector of those who fish for red snapper, allocated red snapper
resources between the components, and established component-specific
accountability measures through the use of component annual catch
targets to project recreational fishing season lengths. Amendment 40
defined the Federal for-hire component as including operators of
vessels with Federal charter vessel/headboat permits for Gulf reef fish
and their angler clients. The private angling component was defined as
including anglers fishing from private vessels and state-permitted for-
hire vessels.
Amendment 40 also applied a 3-year sunset provision for the
regulations implemented through its final rule. The sunset provision
maintained the measures for sector separation through the end of the
2017 fishing year, on December 31, 2017. The 3-year sunset provision
was included to provide an incentive for the Council to continue to
evaluate alternative management measures or programs for the
recreational sector. Unless modified, after the 2017 fishing year, on
January 1, 2018, the management measures implemented through Amendment
40 will expire and the recreational sector will be managed as a single
entity. The Council is currently working to develop and approve other
amendments to address the management of the charter and headboat
fishing within the Federal for-hire component (Amendments 41 and 42 to
the FMP, respectively). The development of these amendments is taking
longer than the Council anticipated, and if approved by NMFS, would
likely not be effective until after the sector separation provisions
expire on December 31, 2017. Therefore, the Council determined there
was a need to extend the sunset provision for an additional 5 years
past the original sunset date.
Management Measure Contained in Amendment 45
Amendment 45 would extend the 3-year sunset provision for the
separation of the Federal for-hire and private angling recreational
components for Gulf red snapper and associated management measures for
an additional 5 years. If implemented, this would extend Gulf
recreational red snapper sector separation through the end of the 2022
fishing year, on December 31, 2022, rather than the current sunset date
of December 31, 2017. Beginning on January 1, 2023, the red snapper
recreational sector would be managed as a single entity without the
separate Federal for-hire and private angling components. The Council
would need to take further action for these recreational components and
management measures to extend beyond the 5-year extension proposed in
Amendment 45.
A proposed rule that would implement Amendment 45 has been drafted.
In accordance with the Magnuson-Stevens Act, NMFS is evaluating
Amendment 45 to determine whether it is consistent with the FMP, the
Magnuson-Stevens Act, and other applicable law. If the determination is
affirmative, NMFS will publish the proposed rule in the Federal
Register for public review and comment.
Consideration of Public Comments
The Council has submitted Amendment 45 for Secretarial review,
approval, and implementation. Comments on Amendment 45 must be received
by October 24, 2016. Comments received during the respective comment
periods, whether specifically directed to the amendment or the proposed
rule, will be considered by NMFS in its decision to approve, partially
approve, or disapprove Amendment 45. All comments received by NMFS on
the amendment or the proposed rule during their respective comment
periods will be addressed in the final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 22, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-20404 Filed 8-24-16; 8:45 am]
BILLING CODE 3510-22-P
