Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Amendment 45, 58466-58467 [2016-20404]

Download as PDF 58466 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: VerDate Sep<11>2014 13:57 Aug 24, 2016 Jkt 238001 (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 PO 00000 Frm 00054 Fmt 4702 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: E:\FR\FM\25AUP1.SGM 25AUP1 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 http:// 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 E:\FR\FM\25AUP1.SGM 25AUP1

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 http://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