Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management Measures; Compliance With Court Order, 26376-26377 [2017-11804]

Download as PDF 26376 Federal Register / Vol. 82, No. 108 / Wednesday, June 7, 2017 / Rules and Regulations (c) If a LOA expires prior to the expiration date of these regulations, Navy may apply for and obtain a renewal of the LOA. (d) In the event of projected changes to the activity or to mitigation and monitoring measures required by a LOA, Navy must apply for and obtain a modification of the LOA as described in § 217.257. (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 a LOA shall be published in the Federal Register within thirty days of a determination. pmangrum on DSK3GDR082PROD with RULES § 217.257 Renewals and modifications of Letters of Authorization. (a) A LOA issued under § 216.106 of this chapter and § 217.256 for the activity identified in § 217.250 shall be renewed or modified upon request by the applicant, provided that: (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 a 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 paragraph (c)(1) of this section) that do not change the findings made for the regulations or that 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) A LOA issued under § 216.106 of this chapter and § 217.256 for the VerDate Sep<11>2014 15:10 Jun 06, 2017 Jkt 241001 activity identified in § 217.250 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 Navy 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 Navy’s monitoring from previous years. (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 species or stocks of marine mammals specified in a LOA issued pursuant to § 216.106 of this chapter and § 217.256, a 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. § 217.258 [Reserved] § 217.259 [Reserved] [FR Doc. 2017–11805 Filed 6–6–17; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 170515489–7489–01] RIN 0648–BG89 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management Measures; Compliance With Court Order National Marine Fisheries Service (NMFS), National Oceanic and AGENCY: PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. This final rule revises the Gulf of Mexico (Gulf) red snapper commercial and recreational sector allocations of the stock annual catch limit (ACL), the commercial and recreational quotas, and the recreational annual catch targets (ACTs), including ACTs for the private angling and forhire (charter vessels and headboats) components of the recreational sector. A court order directs NMFS to reinstate the previous red snapper sector allocations, and the corresponding sector quotas (which are equivalent to the ACLs), to 51 percent commercial and 49 percent recreational. The intent of this final rule is to ensure that the regulations reflect the sector allocations and corresponding catch levels as required by the court order. DATES: This final rule is effective on June 6, 2017. FOR FURTHER INFORMATION CONTACT: Kelli O’Donnell, NMFS Southeast Regional Office, telephone: 727–824– 5305, email: kelli.odonnell@noaa.gov. SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery includes red snapper and is managed under the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP). The FMP was prepared by the Gulf of Mexico Fishery Management Council 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). All weights for red snapper below apply as round weight. The Secretary of Commerce approved Amendment 28 to the FMP on March 23, 2016. The purpose of Amendment 28 was to reallocate the red snapper harvest consistent with the 2014 red snapper update assessment to ensure the allowable catch and recovery benefits from a rebuilding stock were fairly and equitably allocated between the commercial and recreational sectors to achieve optimum yield. On April 28, 2016, NMFS published a final rule implementing Amendment 28 (81 FR 25576). The final rule for Amendment 28 revised the allocation of the red snapper ACL between the commercial and recreational sectors to be 48.5 percent and 51.5 percent, respectively, and consequently revised the commercial and recreational quotas and ACLs, as well as the recreational ACTs (81 FR 25576, April 28, 2016). However, a court decision in Guindon v. Pritzker, 2017 SUMMARY: E:\FR\FM\07JNR1.SGM 07JNR1 Federal Register / Vol. 82, No. 108 / Wednesday, June 7, 2017 / Rules and Regulations pmangrum on DSK3GDR082PROD with RULES WL 875775 (D.D.C. March 3, 2017), vacated Amendment 28 and its implementing final rule. The court order directs NMFS to reinstate the sector allocations of red snapper to 51 percent commercial and 49 percent recreational, which were in effect prior to the implementation of the Amendment 28 final rule. This results in a total commercial quota of 7,007,000 lb (3,178,000 kg) and a total recreational quota of 6,733,000 lb (3,054,000 kg). The total recreational quota is further divided to a private angling quota and ACT of 3,885,000 lb (1,762,000 kg), and 3,108,000 lb (1,410,000 kg), respectively; and a Federal for-hire component quota and ACT of 2,848,000 lb (1,292,000 kg), and 2,278,000 lb (1,033,000 kg), respectively. The recreational component quotas and ACTs are in effect through the 2022 fishing year. All other provisions that are currently applicable to the Gulf reef fish fishery and red snapper remain unchanged as a result of this final rule. Classification The Assistant Administrator for NOAA Fisheries (AA) has determined that this final rule is consistent with the March 3, 2017, court order, the FMP, the Magnuson-Stevens Act, and other applicable laws. This final rule has been determined to be not significant for purposes of Executive Order 12866. Because this rulemaking is required by court order and prior notice and opportunity for public comment are not required under 5 U.S.C. 553, or any other law, the regulatory flexibility analysis requirements of the Regulatory Flexibility Act, 5 U.S.C. 603–605, do not apply to this final rule. In addition, because the changes required by the court order that are identified in this final rule are non-discretionary, the National Environmental Policy Act does not apply to this final rule. The AA finds good cause to waive notice and public comment on this action because it is unnecessary and contrary to the public interest, as provided by 5 U.S.C. 553(b)(B). This action is limited in scope and ensures that the regulatory text provides accurate information to the regulated public that is consistent with a Federal court order. NMFS does not have discretion to take other action, as there is no alternative to complying with the requirements of the court order. Furthermore, the AA finds good cause to waive the 30-day delay in effectiveness, as provided by 5 U.S.C. 553(d)(3), as such delay would be contrary to the public interest because VerDate Sep<11>2014 15:10 Jun 06, 2017 Jkt 241001 the measures contained in this final rule are necessary to ensure that the Gulf reef fish fishery is conducted in compliance with a Federal court order. If the requirements are not implemented immediately, then red snapper harvest will not be managed in accordance with the court order. List of Subjects in 50 CFR Part 622 Allocation, Commercial, Fisheries, Fishing, Gulf of Mexico, Recreational, Red snapper. Dated: June 2, 2017. Samuel D. Rauch, III, Acting Assistant Administrator for Fisheries, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 622 is 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. 2. In § 622.39, revise paragraphs (a)(1)(i) and (a)(2)(i) to read as follows: ■ § 622.39 Quotas. * * * * * (a) * * * (1) * * * (i) Commercial quota for red snapper. For fishing year 2017 and subsequent fishing years—7.007 million lb (3.178 million kg), round weight. * * * * * (2) * * * (i) Recreational quota for red snapper—(A) Total recreational quota (Federal charter vessel/headboat and private angling component quotas combined). For fishing year 2017 and subsequent fishing years—6.733 million lb (3.054 million kg), round weight. (B) Federal charter vessel/headboat component quota. The Federal charter vessel/headboat component quota applies to vessels that have been issued a valid Federal charter vessel/headboat permit for Gulf reef fish any time during the fishing year. This component quota is effective for only the 2015 through 2022 fishing years. For the 2023 and subsequent fishing years, the applicable total recreational quota, specified in paragraph (a)(2)(i)(A) of this section, will apply to the recreational sector. For fishing years 2017 through 2022—2.848 million lb (1.292 million kg), round weight. (C) Private angling component quota. The private angling component quota applies to vessels that fish under the bag limit and have not been issued a Federal PO 00000 Frm 00043 Fmt 4700 Sfmt 9990 26377 charter vessel/headboat permit for Gulf reef fish any time during the fishing year. This component quota is effective for only the 2015 through 2022 fishing years. For the 2023 and subsequent fishing years, the applicable total recreational quota, specified in paragraph (a)(2)(i)(A) of this section, will apply to the recreational sector. For fishing years 2017 through 2022—3.885 million lb (1.762 million kg), round weight. * * * * * 3. In § 622.41, revise paragraph (q)(2)(iii) to read as follows: ■ § 622.41 Annual catch limits (ACLs), annual catch targets (ACTs), and accountability measures (AMs). * * * * * (q) * * * (2) * * * (iii) Recreational ACT for red snapper—(A) Total recreational ACT (Federal charter vessel/headboat and private angling component ACTs combined). The total recreational ACT is 5.386 million lb (2.443 million kg), round weight. (B) Federal charter vessel/headboat component ACT. The Federal charter vessel/headboat component ACT applies to vessels that have been issued a valid Federal charter vessel/headboat permit for Gulf reef fish any time during the fishing year. This component ACT is effective for only the 2015 through 2022 fishing years. For the 2023 and subsequent fishing years, the applicable total recreational ACT, specified in paragraph (q)(2)(iii)(A) of this section, will apply to the recreational sector. The component ACT is 2.278 million lb (1.033 million kg), round weight, for fishing years 2017 through 2022. (C) Private angling component ACT. The private angling component ACT applies to vessels that fish under the bag limit and have not been issued a Federal charter vessel/headboat permit for Gulf reef fish any time during the fishing year. This component ACT is effective for only the 2015 through 2022 fishing years. For the 2023 and subsequent fishing years, the applicable total recreational ACT, specified in paragraph (q)(2)(iii)(A) of this section, will apply to the recreational sector. The component ACT is 3.108 million lb (1.410 million kg), round weight, for fishing years 2017 through 2022. [FR Doc. 2017–11804 Filed 6–6–17; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\07JNR1.SGM 07JNR1

Agencies

[Federal Register Volume 82, Number 108 (Wednesday, June 7, 2017)]
[Rules and Regulations]
[Pages 26376-26377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11804]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 170515489-7489-01]
RIN 0648-BG89


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management 
Measures; Compliance With Court Order

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule revises the Gulf of Mexico (Gulf) red snapper 
commercial and recreational sector allocations of the stock annual 
catch limit (ACL), the commercial and recreational quotas, and the 
recreational annual catch targets (ACTs), including ACTs for the 
private angling and for-hire (charter vessels and headboats) components 
of the recreational sector. A court order directs NMFS to reinstate the 
previous red snapper sector allocations, and the corresponding sector 
quotas (which are equivalent to the ACLs), to 51 percent commercial and 
49 percent recreational. The intent of this final rule is to ensure 
that the regulations reflect the sector allocations and corresponding 
catch levels as required by the court order.

DATES: This final rule is effective on June 6, 2017.

FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, NMFS Southeast 
Regional Office, telephone: 727-824-5305, email: 
kelli.odonnell@noaa.gov.

SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery includes red 
snapper and is managed under the Fishery Management Plan for the Reef 
Fish Resources of the Gulf of Mexico (FMP). The FMP was prepared by the 
Gulf of Mexico Fishery Management Council 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). All weights for red snapper below apply as round weight.
    The Secretary of Commerce approved Amendment 28 to the FMP on March 
23, 2016. The purpose of Amendment 28 was to reallocate the red snapper 
harvest consistent with the 2014 red snapper update assessment to 
ensure the allowable catch and recovery benefits from a rebuilding 
stock were fairly and equitably allocated between the commercial and 
recreational sectors to achieve optimum yield. On April 28, 2016, NMFS 
published a final rule implementing Amendment 28 (81 FR 25576).
    The final rule for Amendment 28 revised the allocation of the red 
snapper ACL between the commercial and recreational sectors to be 48.5 
percent and 51.5 percent, respectively, and consequently revised the 
commercial and recreational quotas and ACLs, as well as the 
recreational ACTs (81 FR 25576, April 28, 2016). However, a court 
decision in Guindon v. Pritzker, 2017

[[Page 26377]]

WL 875775 (D.D.C. March 3, 2017), vacated Amendment 28 and its 
implementing final rule. The court order directs NMFS to reinstate the 
sector allocations of red snapper to 51 percent commercial and 49 
percent recreational, which were in effect prior to the implementation 
of the Amendment 28 final rule. This results in a total commercial 
quota of 7,007,000 lb (3,178,000 kg) and a total recreational quota of 
6,733,000 lb (3,054,000 kg). The total recreational quota is further 
divided to a private angling quota and ACT of 3,885,000 lb (1,762,000 
kg), and 3,108,000 lb (1,410,000 kg), respectively; and a Federal for-
hire component quota and ACT of 2,848,000 lb (1,292,000 kg), and 
2,278,000 lb (1,033,000 kg), respectively. The recreational component 
quotas and ACTs are in effect through the 2022 fishing year.
    All other provisions that are currently applicable to the Gulf reef 
fish fishery and red snapper remain unchanged as a result of this final 
rule.

Classification

    The Assistant Administrator for NOAA Fisheries (AA) has determined 
that this final rule is consistent with the March 3, 2017, court order, 
the FMP, the Magnuson-Stevens Act, and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    Because this rulemaking is required by court order and prior notice 
and opportunity for public comment are not required under 5 U.S.C. 553, 
or any other law, the regulatory flexibility analysis requirements of 
the Regulatory Flexibility Act, 5 U.S.C. 603-605, do not apply to this 
final rule. In addition, because the changes required by the court 
order that are identified in this final rule are non-discretionary, the 
National Environmental Policy Act does not apply to this final rule.
    The AA finds good cause to waive notice and public comment on this 
action because it is unnecessary and contrary to the public interest, 
as provided by 5 U.S.C. 553(b)(B). This action is limited in scope and 
ensures that the regulatory text provides accurate information to the 
regulated public that is consistent with a Federal court order. NMFS 
does not have discretion to take other action, as there is no 
alternative to complying with the requirements of the court order.
    Furthermore, the AA finds good cause to waive the 30-day delay in 
effectiveness, as provided by 5 U.S.C. 553(d)(3), as such delay would 
be contrary to the public interest because the measures contained in 
this final rule are necessary to ensure that the Gulf reef fish fishery 
is conducted in compliance with a Federal court order. If the 
requirements are not implemented immediately, then red snapper harvest 
will not be managed in accordance with the court order.

List of Subjects in 50 CFR Part 622

    Allocation, Commercial, Fisheries, Fishing, Gulf of Mexico, 
Recreational, Red snapper.

    Dated: June 2, 2017.
Samuel D. Rauch, III,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 622 is 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.  622.39, revise paragraphs (a)(1)(i) and (a)(2)(i) to read 
as follows:


Sec.  622.39  Quotas.

* * * * *
    (a) * * *
    (1) * * *
    (i) Commercial quota for red snapper. For fishing year 2017 and 
subsequent fishing years--7.007 million lb (3.178 million kg), round 
weight.
* * * * *
    (2) * * *
    (i) Recreational quota for red snapper--(A) Total recreational 
quota (Federal charter vessel/headboat and private angling component 
quotas combined). For fishing year 2017 and subsequent fishing years--
6.733 million lb (3.054 million kg), round weight.
    (B) Federal charter vessel/headboat component quota. The Federal 
charter vessel/headboat component quota applies to vessels that have 
been issued a valid Federal charter vessel/headboat permit for Gulf 
reef fish any time during the fishing year. This component quota is 
effective for only the 2015 through 2022 fishing years. For the 2023 
and subsequent fishing years, the applicable total recreational quota, 
specified in paragraph (a)(2)(i)(A) of this section, will apply to the 
recreational sector. For fishing years 2017 through 2022--2.848 million 
lb (1.292 million kg), round weight.
    (C) Private angling component quota. The private angling component 
quota applies to vessels that fish under the bag limit and have not 
been issued a Federal charter vessel/headboat permit for Gulf reef fish 
any time during the fishing year. This component quota is effective for 
only the 2015 through 2022 fishing years. For the 2023 and subsequent 
fishing years, the applicable total recreational quota, specified in 
paragraph (a)(2)(i)(A) of this section, will apply to the recreational 
sector. For fishing years 2017 through 2022--3.885 million lb (1.762 
million kg), round weight.
* * * * *

0
3. In Sec.  622.41, revise paragraph (q)(2)(iii) to read as follows:


Sec.  622.41  Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

* * * * *
    (q) * * *
    (2) * * *
    (iii) Recreational ACT for red snapper--(A) Total recreational ACT 
(Federal charter vessel/headboat and private angling component ACTs 
combined). The total recreational ACT is 5.386 million lb (2.443 
million kg), round weight.
    (B) Federal charter vessel/headboat component ACT. The Federal 
charter vessel/headboat component ACT applies to vessels that have been 
issued a valid Federal charter vessel/headboat permit for Gulf reef 
fish any time during the fishing year. This component ACT is effective 
for only the 2015 through 2022 fishing years. For the 2023 and 
subsequent fishing years, the applicable total recreational ACT, 
specified in paragraph (q)(2)(iii)(A) of this section, will apply to 
the recreational sector. The component ACT is 2.278 million lb (1.033 
million kg), round weight, for fishing years 2017 through 2022.
    (C) Private angling component ACT. The private angling component 
ACT applies to vessels that fish under the bag limit and have not been 
issued a Federal charter vessel/headboat permit for Gulf reef fish any 
time during the fishing year. This component ACT is effective for only 
the 2015 through 2022 fishing years. For the 2023 and subsequent 
fishing years, the applicable total recreational ACT, specified in 
paragraph (q)(2)(iii)(A) of this section, will apply to the 
recreational sector. The component ACT is 3.108 million lb (1.410 
million kg), round weight, for fishing years 2017 through 2022.

[FR Doc. 2017-11804 Filed 6-6-17; 8:45 am]
 BILLING CODE 3510-22-P