Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region; Framework Amendment 5, 12187-12189 [2017-04003]
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Federal Register / Vol. 82, No. 39 / Wednesday, March 1, 2017 / Proposed Rules
various levels of government. We have
analyzed this proposed rule under that
Order and have determined that it is
consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section above.
jstallworth on DSK7TPTVN1PROD with PROPOSALS
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule will not result in such an
expenditure, we do discuss the effects of
this proposed rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guides the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions which do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule simply promulgates the operating
regulations or procedures for
drawbridges. Normally such actions are
categorically excluded from further
review, under figure 2–1, paragraph
(32)(e), of the Instruction.
Under figure 2–1, paragraph (32)(e), of
the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this rule. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
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G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, you may review a Privacy
Act notice regarding the Federal Docket
Management System in the March 24,
2005, issue of the Federal Register (70
FR 15086).
Documents mentioned in this notice
and all public comments, are in our
online docket at https://
www.regulations.gov and can be viewed
by following that Web site’s
instructions. Additionally, if you go to
the online docket and sign up for email
alerts, you will be notified when
comments are posted or a final rule is
published.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
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12187
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. Amend § 117.205 by revising
paragraph (c) to read as follows:
■
§ 117.205
Connecticut River.
*
*
*
*
*
(c) The draw of the Route 82 Bridge,
mile 16.8, at East Haddam, shall operate
as follows:
(1) From May 1 through October 31:
The draw shall open on signal for
commercial vessels. For recreational
vessels, the draw shall open on signal,
except that from 6 a.m. to 8 p.m., the
draw need open for recreational vessels
on the hour only.
(2) From November 1 through April
30: The draw shall open on signal for all
vessels, except that from 8 p.m. to 4
a.m., the draw shall open on signal if at
least six-hours notice is given by calling
the number posted at the bridge.
Dated: 15 February 2017.
S.D. Poulin,
Rear Admiral, U.S. Coast Guard Commander,
First Coast Guard District.
[FR Doc. 2017–03980 Filed 2–28–17; 8:45 am]
BILLING CODE 9110–0–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 161222999–7145–01]
RIN 0648–BG56
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Coastal
Migratory Pelagic Resources in the
Gulf of Mexico and Atlantic Region;
Framework Amendment 5
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes to implement
management measures described in
Framework Amendment 5 to the Fishery
Management Plan for the Coastal
Migratory Pelagic Resources of the Gulf
of Mexico and Atlantic Region (FMP) as
prepared and submitted jointly by the
Gulf of Mexico Fishery Management
Council and South Atlantic Fishery
Management Council (Councils). If
implemented, this proposed rule would
remove the restriction on fishing for, or
retaining the recreational bag and
possession limits of, king and Spanish
SUMMARY:
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Federal Register / Vol. 82, No. 39 / Wednesday, March 1, 2017 / Proposed Rules
mackerel on a vessel with a Federal
commercial permit for king or Spanish
mackerel when the vessel is on a private
recreational fishing trip and commercial
harvest of king or Spanish mackerel in
a zone or region is closed. The purpose
of this proposed rule is to remove
Federal permit restrictions unique to
commercially permitted king and
Spanish mackerel vessels and to
standardize vessel permit restrictions
applicable after a commercial quota
closure of king or Spanish mackerel.
DATES: Written comments must be
received by March 31, 2017.
ADDRESSES: You may submit comments
on the proposed rule, identified by
‘‘NOAA–NMFS–2016–0162’’ by either
of the following methods:
• Electronic Submission: Submit all
electronic comments via the Federal
Rulemaking Portal. Go to
www.regulations.gov, click the
‘‘Comment Now!’’ icon, complete the
required fields, and enter your attached
comments.
• Mail: Submit all written comments
to Rich Malinowski, NMFS Southeast
Regional Office (SERO), 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
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),
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 required fields if you wish to
remain anonymous).
Electronic copies of the Framework
Amendment 5, which includes an
environmental assessment, Regulatory
Flexibility Act (RFA) analysis, and a
regulatory impact review, may be
obtained from www.regulations.gov or
the SERO Web site at https://
sero.nmfs.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Rich
Malinowski, Southeast Regional Office,
NMFS, telephone: 727–824–5305, or
email: rich.malinowski@noaa.gov.
SUPPLEMENTARY INFORMATION: The
coastal migratory pelagic fishery of the
Gulf and Atlantic regions is managed
under the FMP and includes the
management of the Gulf and Atlantic
migratory groups of king mackerel,
Spanish mackerel, and cobia. The FMP
was prepared jointly by the Councils
and is implemented by NMFS through
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regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) (16 U.S.C.
1801 et seq.).
Background
The Magnuson-Stevens Act requires
NMFS and regional fishery management
councils to prevent overfishing and
achieve on a continuing basis, the
optimum yield from federally managed
fish stocks. These mandates are
intended to ensure that fishery
resources are managed for the greatest
overall benefit to the nation, particularly
with respect to providing food
production and recreational
opportunities, while also protecting
marine ecosystems. To further attain
this goal, the Magnuson-Stevens Act
requires fishery managers to minimize
bycatch and bycatch mortality to the
extent practicable. Framework
Amendment 5 and this proposed rule
apply to the harvest of king and Spanish
mackerel in the exclusive economic
zone (EEZ) of the Gulf of Mexico (Gulf)
and Atlantic regions.
Current Federal regulations state that
a person aboard a vessel with a Federal
commercial permit for king or Spanish
mackerel may not fish for or retain king
or Spanish mackerel in or from Federal
waters under the recreational bag or
possession limit if the commercial
harvest for the species is closed (i.e., the
species, migratory group, zone, subzone,
or gear is closed). This provision
prevents fishers on a vessel with a
Federal commercial permit for king or
Spanish mackerel from recreationally
fishing for or retaining bag and
possession limits for these species
outside of the applicable commercial
season. An exception to this restriction
currently applies to vessels that have
both a Federal commercial and a charter
vessel/headboat permit for king or
Spanish mackerel. When operating as a
charter vessel or headboat, the
exception allows persons aboard these
vessels to recreationally fish for or
retain king or Spanish mackerel in or
from Federal waters under the
recreational bag or possession limits.
The regulations specifying restrictions
applicable after a commercial quota
closure (50 CFR 622.384(e)) were
originally necessary when the Gulf
migratory group of king mackerel (Gulf
king mackerel) had been overfished in
the early 1990s, as a means of
controlling fishing effort. In 2014, the
most recent stock assessment of Gulf
king mackerel and Atlantic migratory
group king mackerel (Atlantic king
mackerel) concluded that both Gulf and
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Fmt 4702
Sfmt 4702
Atlantic king mackerel are not
overfished or undergoing overfishing.
This provision does not currently
affect the recreational harvest of
Spanish mackerel in the Gulf (Gulf
Spanish mackerel), given the difference
in how this migratory group is managed.
Gulf Spanish mackerel is managed
under a stock annual catch limit (ACL).
Under the applicable accountability
measures, the Spanish mackerel
commercial and recreational sectors in
the Gulf close at the same time if the
stock ACL is reached or projected to be
reached, as specified in § 622.388(c)(1).
Thus, because the sectors close at the
same time, the restriction described
above does not apply in practice to
those fishing for Gulf Spanish mackerel.
In contrast, the accountability measures
applicable to the commercial sector for
king mackerel in the Gulf and Atlantic,
and Spanish mackerel in the Atlantic,
would close the applicable commercial
sector independently from the
recreational sector if the commercial
landings reach or are projected to reach
the applicable commercial quotas
(§ 622.388(a)(1)(i), (b)(1)(i), and
(d)(1)(i)).
Management Measure Contained in
This Proposed Rule
For the commercial sector, this
proposed rule would remove the current
prohibition that a person aboard a vessel
with a Federal commercial permit for
king or Spanish mackerel may not fish
for or retain king or Spanish mackerel
in or from Federal waters under the bag
or possession limits if commercial
harvest for the applicable species is
closed in a specific zone or for a certain
gear type, unless the vessel also has a
federal charter vessel/headboat permit
and is operating as a federally permitted
charter vessel or headboat. Therefore, if
NMFS implements this proposed rule,
commercial fishers with a Federal
commercial permit for king or Spanish
mackerel would be able to use their
permitted vessels to recreationally fish
for these species and retain the
recreational bag and possession limits
outside of the commercial seasons for
those species.
Measures Contained in This Proposed
Rule Not in Framework Amendment 5
In addition to the changes to
implement Framework Amendment 5,
the proposed regulatory text contains
changes consistent with the proposed
regulatory text to implement
Amendment 26 to the FMP, which is
currently available for public comment
(81 FR 95941, December 29, 2016). The
proposed regulatory text to implement
Amendment 26 includes numerous
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Federal Register / Vol. 82, No. 39 / Wednesday, March 1, 2017 / Proposed Rules
changes to the regulations implementing
the FMP, including revisions to
terminology and to the management
boundaries for the Gulf of Mexico and
Atlantic migratory groups of king
mackerel. Pertinent changes are
reflected in the proposed text below, as
well, for consistency in language. In
addition, to improve clarity, we have
made specific changes to
§ 622.384(e)(3), proposed to be
renumbered as § 622.384(e)(2), and to
§ 622.386.
jstallworth on DSK7TPTVN1PROD with PROPOSALS
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this proposed rule is consistent
with the framework action, the FMP, the
Magnuson-Stevens Act, and other
applicable law, subject to further
consideration after public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
that this proposed rule, if adopted,
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for this
determination follows.
A description of this proposed rule,
why it is being considered, and the
objectives of this proposed rule are
contained in the preamble. The
Magnuson-Stevens Act provides the
statutory basis for this proposed rule.
This proposed rule, if implemented,
would not be expected to directly affect
any small entities. The proposed rule
would remove the restriction on fishing
for and retaining the recreational bag
limit of king mackerel on a vessel with
a Federal commercial permit for king
mackerel when the vessel is on a
recreational trip and commercial harvest
of king mackerel in that zone is closed.
Similarly, it would remove the
restriction on fishing for and retaining
the recreational bag limit of Spanish
mackerel on a vessel with a Federal
commercial permit for Spanish
mackerel when the vessel is on a
recreational trip and commercial harvest
of Spanish mackerel in a zone or for a
certain gear type is closed. Under this
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proposed rule, king or Spanish mackerel
that are recreationally harvested on
commercial vessels would not be
permitted to be sold. Therefore,
commercial fishers on these vessels
would only be affected as recreational
anglers. Recreational anglers, who
would be directly affected by this
proposed rule, are not considered small
entities under the RFA, and are,
therefore, outside the scope of this
analysis. 5 U.S.C. 603. Small entities
include ‘‘small businesses,’’ ‘‘small
organizations,’’ and ‘‘small
governmental jurisdictions.’’ 5 U.S.C.
601(6) and 601(3)–(5). Recreational
anglers are not businesses,
organizations, or governmental
jurisdictions. No other small entities
that would be directly affected by this
proposed rule have been identified.
The information provided above
supports a determination that this rule
would not have a significant economic
impact on a substantial number of small
entities. Because this rule, if
implemented, is not expected to have a
significant economic impact on any
small entities, an initial regulatory
flexibility analysis is not required and
none has been prepared.
No duplicative, overlapping, or
conflicting Federal rules have been
identified. In addition, no new
reporting, record-keeping, or other
compliance requirements are introduced
by this proposed rule. Accordingly, the
Paperwork Reduction Act does not
apply to this proposed rule.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gulf of Mexico,
South Atlantic, King Mackerel, Spanish
Mackerel.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622 is proposed
to be amended as follows:
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.
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12189
2. In § 622.379, revise the last
sentence in paragraph (a) to read as
follows:
■
§ 622.379 Purse seine incidental catch
allowance.
(a) * * * Incidentally caught king or
Spanish mackerel are counted toward
the quotas provided for under § 622.384
and are subject to the prohibition of sale
under § 622.384(e)(2).
*
*
*
*
*
■ 3. In § 622.384, revise paragraph (e) to
read as follows:
§ 622.384
Quotas.
*
*
*
*
*
(e) Restrictions applicable after a
commercial quota closure. (1) If the
recreational sector for the applicable
species, migratory group, zone, or gear
is open, the bag and possession limits
for king and Spanish mackerel specified
in § 622.382(a) apply to all harvest or
possession for the closed species,
migratory group, zone, or gear in or from
the EEZ. If the recreational sector for the
applicable species, migratory group,
zone, or gear is closed, all applicable
harvest or possession in or from the EEZ
is prohibited.
(2) The sale or purchase of king
mackerel, Spanish mackerel, or cobia of
the closed species, migratory group,
zone, or gear type is prohibited,
including any king or Spanish mackerel
taken under the bag and possession
limits specified in § 622.382(a), or cobia
taken under the limited-harvest species
possession limit specified in
§ 622.383(b). The prohibition on the sale
or purchase during a closure for coastal
migratory pelagic fish does not apply to
coastal migratory pelagic fish that were
harvested, landed ashore, and sold prior
to the effective date of the closure and
were held in cold storage by a dealer or
processor.
■ 4. In § 622.386, revise the introductory
paragraph to read as follows:
§ 622.386
Restrictions on sale/purchase.
The restrictions in this section are in
addition to the restrictions on the sale
or purchase related to commercial quota
closures as specified in § 622.384(e)(2).
*
*
*
*
*
[FR Doc. 2017–04003 Filed 2–28–17; 8:45 am]
BILLING CODE P
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]]>Agencies
[Federal Register Volume 82, Number 39 (Wednesday, March 1, 2017)]
[Proposed Rules]
[Pages 12187-12189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04003]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 161222999-7145-01]
RIN 0648-BG56
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic
Region; Framework Amendment 5
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to implement management measures described in
Framework Amendment 5 to the Fishery Management Plan for the Coastal
Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region
(FMP) as prepared and submitted jointly by the Gulf of Mexico Fishery
Management Council and South Atlantic Fishery Management Council
(Councils). If implemented, this proposed rule would remove the
restriction on fishing for, or retaining the recreational bag and
possession limits of, king and Spanish
[[Page 12188]]
mackerel on a vessel with a Federal commercial permit for king or
Spanish mackerel when the vessel is on a private recreational fishing
trip and commercial harvest of king or Spanish mackerel in a zone or
region is closed. The purpose of this proposed rule is to remove
Federal permit restrictions unique to commercially permitted king and
Spanish mackerel vessels and to standardize vessel permit restrictions
applicable after a commercial quota closure of king or Spanish
mackerel.
DATES: Written comments must be received by March 31, 2017.
ADDRESSES: You may submit comments on the proposed rule, identified by
``NOAA-NMFS-2016-0162'' by either of the following methods:
Electronic Submission: Submit all electronic comments via
the Federal Rulemaking Portal. Go to www.regulations.gov, click the
``Comment Now!'' icon, complete the required fields, and enter your
attached comments.
Mail: Submit all written comments to Rich Malinowski, NMFS
Southeast Regional Office (SERO), 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 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), 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 required fields if you wish to remain anonymous).
Electronic copies of the Framework Amendment 5, which includes an
environmental assessment, Regulatory Flexibility Act (RFA) analysis,
and a regulatory impact review, may be obtained from
www.regulations.gov or the SERO Web site at https://sero.nmfs.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Rich Malinowski, Southeast Regional
Office, NMFS, telephone: 727-824-5305, or email:
rich.malinowski@noaa.gov.
SUPPLEMENTARY INFORMATION: The coastal migratory pelagic fishery of the
Gulf and Atlantic regions is managed under the FMP and includes the
management of the Gulf and Atlantic migratory groups of king mackerel,
Spanish mackerel, and cobia. The FMP was prepared jointly by the
Councils and is implemented by NMFS through regulations at 50 CFR part
622 under the authority of the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) (16 U.S.C. 1801 et seq.).
Background
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing and achieve on a continuing
basis, the optimum yield from federally managed fish stocks. These
mandates are intended to ensure that fishery resources are managed for
the greatest overall benefit to the nation, particularly with respect
to providing food production and recreational opportunities, while also
protecting marine ecosystems. To further attain this goal, the
Magnuson-Stevens Act requires fishery managers to minimize bycatch and
bycatch mortality to the extent practicable. Framework Amendment 5 and
this proposed rule apply to the harvest of king and Spanish mackerel in
the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) and
Atlantic regions.
Current Federal regulations state that a person aboard a vessel
with a Federal commercial permit for king or Spanish mackerel may not
fish for or retain king or Spanish mackerel in or from Federal waters
under the recreational bag or possession limit if the commercial
harvest for the species is closed (i.e., the species, migratory group,
zone, subzone, or gear is closed). This provision prevents fishers on a
vessel with a Federal commercial permit for king or Spanish mackerel
from recreationally fishing for or retaining bag and possession limits
for these species outside of the applicable commercial season. An
exception to this restriction currently applies to vessels that have
both a Federal commercial and a charter vessel/headboat permit for king
or Spanish mackerel. When operating as a charter vessel or headboat,
the exception allows persons aboard these vessels to recreationally
fish for or retain king or Spanish mackerel in or from Federal waters
under the recreational bag or possession limits.
The regulations specifying restrictions applicable after a
commercial quota closure (50 CFR 622.384(e)) were originally necessary
when the Gulf migratory group of king mackerel (Gulf king mackerel) had
been overfished in the early 1990s, as a means of controlling fishing
effort. In 2014, the most recent stock assessment of Gulf king mackerel
and Atlantic migratory group king mackerel (Atlantic king mackerel)
concluded that both Gulf and Atlantic king mackerel are not overfished
or undergoing overfishing.
This provision does not currently affect the recreational harvest
of Spanish mackerel in the Gulf (Gulf Spanish mackerel), given the
difference in how this migratory group is managed. Gulf Spanish
mackerel is managed under a stock annual catch limit (ACL). Under the
applicable accountability measures, the Spanish mackerel commercial and
recreational sectors in the Gulf close at the same time if the stock
ACL is reached or projected to be reached, as specified in Sec.
622.388(c)(1). Thus, because the sectors close at the same time, the
restriction described above does not apply in practice to those fishing
for Gulf Spanish mackerel. In contrast, the accountability measures
applicable to the commercial sector for king mackerel in the Gulf and
Atlantic, and Spanish mackerel in the Atlantic, would close the
applicable commercial sector independently from the recreational sector
if the commercial landings reach or are projected to reach the
applicable commercial quotas (Sec. 622.388(a)(1)(i), (b)(1)(i), and
(d)(1)(i)).
Management Measure Contained in This Proposed Rule
For the commercial sector, this proposed rule would remove the
current prohibition that a person aboard a vessel with a Federal
commercial permit for king or Spanish mackerel may not fish for or
retain king or Spanish mackerel in or from Federal waters under the bag
or possession limits if commercial harvest for the applicable species
is closed in a specific zone or for a certain gear type, unless the
vessel also has a federal charter vessel/headboat permit and is
operating as a federally permitted charter vessel or headboat.
Therefore, if NMFS implements this proposed rule, commercial fishers
with a Federal commercial permit for king or Spanish mackerel would be
able to use their permitted vessels to recreationally fish for these
species and retain the recreational bag and possession limits outside
of the commercial seasons for those species.
Measures Contained in This Proposed Rule Not in Framework Amendment 5
In addition to the changes to implement Framework Amendment 5, the
proposed regulatory text contains changes consistent with the proposed
regulatory text to implement Amendment 26 to the FMP, which is
currently available for public comment (81 FR 95941, December 29,
2016). The proposed regulatory text to implement Amendment 26 includes
numerous
[[Page 12189]]
changes to the regulations implementing the FMP, including revisions to
terminology and to the management boundaries for the Gulf of Mexico and
Atlantic migratory groups of king mackerel. Pertinent changes are
reflected in the proposed text below, as well, for consistency in
language. In addition, to improve clarity, we have made specific
changes to Sec. 622.384(e)(3), proposed to be renumbered as Sec.
622.384(e)(2), and to Sec. 622.386.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the framework action, the FMP, the Magnuson-Stevens
Act, and other applicable law, subject to further consideration after
public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this proposed rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The factual basis for this determination follows.
A description of this proposed rule, why it is being considered,
and the objectives of this proposed rule are contained in the preamble.
The Magnuson-Stevens Act provides the statutory basis for this proposed
rule.
This proposed rule, if implemented, would not be expected to
directly affect any small entities. The proposed rule would remove the
restriction on fishing for and retaining the recreational bag limit of
king mackerel on a vessel with a Federal commercial permit for king
mackerel when the vessel is on a recreational trip and commercial
harvest of king mackerel in that zone is closed. Similarly, it would
remove the restriction on fishing for and retaining the recreational
bag limit of Spanish mackerel on a vessel with a Federal commercial
permit for Spanish mackerel when the vessel is on a recreational trip
and commercial harvest of Spanish mackerel in a zone or for a certain
gear type is closed. Under this proposed rule, king or Spanish mackerel
that are recreationally harvested on commercial vessels would not be
permitted to be sold. Therefore, commercial fishers on these vessels
would only be affected as recreational anglers. Recreational anglers,
who would be directly affected by this proposed rule, are not
considered small entities under the RFA, and are, therefore, outside
the scope of this analysis. 5 U.S.C. 603. Small entities include
``small businesses,'' ``small organizations,'' and ``small governmental
jurisdictions.'' 5 U.S.C. 601(6) and 601(3)-(5). Recreational anglers
are not businesses, organizations, or governmental jurisdictions. No
other small entities that would be directly affected by this proposed
rule have been identified.
The information provided above supports a determination that this
rule would not have a significant economic impact on a substantial
number of small entities. Because this rule, if implemented, is not
expected to have a significant economic impact on any small entities,
an initial regulatory flexibility analysis is not required and none has
been prepared.
No duplicative, overlapping, or conflicting Federal rules have been
identified. In addition, no new reporting, record-keeping, or other
compliance requirements are introduced by this proposed rule.
Accordingly, the Paperwork Reduction Act does not apply to this
proposed rule.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gulf of Mexico, South Atlantic, King Mackerel,
Spanish Mackerel.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is
proposed to be amended as follows:
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. 622.379, revise the last sentence in paragraph (a) to read
as follows:
Sec. 622.379 Purse seine incidental catch allowance.
(a) * * * Incidentally caught king or Spanish mackerel are counted
toward the quotas provided for under Sec. 622.384 and are subject to
the prohibition of sale under Sec. 622.384(e)(2).
* * * * *
0
3. In Sec. 622.384, revise paragraph (e) to read as follows:
Sec. 622.384 Quotas.
* * * * *
(e) Restrictions applicable after a commercial quota closure. (1)
If the recreational sector for the applicable species, migratory group,
zone, or gear is open, the bag and possession limits for king and
Spanish mackerel specified in Sec. 622.382(a) apply to all harvest or
possession for the closed species, migratory group, zone, or gear in or
from the EEZ. If the recreational sector for the applicable species,
migratory group, zone, or gear is closed, all applicable harvest or
possession in or from the EEZ is prohibited.
(2) The sale or purchase of king mackerel, Spanish mackerel, or
cobia of the closed species, migratory group, zone, or gear type is
prohibited, including any king or Spanish mackerel taken under the bag
and possession limits specified in Sec. 622.382(a), or cobia taken
under the limited-harvest species possession limit specified in Sec.
622.383(b). The prohibition on the sale or purchase during a closure
for coastal migratory pelagic fish does not apply to coastal migratory
pelagic fish that were harvested, landed ashore, and sold prior to the
effective date of the closure and were held in cold storage by a dealer
or processor.
0
4. In Sec. 622.386, revise the introductory paragraph to read as
follows:
Sec. 622.386 Restrictions on sale/purchase.
The restrictions in this section are in addition to the
restrictions on the sale or purchase related to commercial quota
closures as specified in Sec. 622.384(e)(2).
* * * * *
[FR Doc. 2017-04003 Filed 2-28-17; 8:45 am]
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