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]
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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
