Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Greater Amberjack Management Measures; Correction, 36164-36165 [2020-11739]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 85, Number 115 (Monday, June 15, 2020)]
[Rules and Regulations]
[Pages 36164-36165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11739]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 200527-0148]
RIN 0648-BJ08


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Greater Amberjack Management 
Measures; Correction

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

ACTION: Final rule; correcting amendment.

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SUMMARY: NMFS corrects the final rule that implemented management 
measures described in a framework action to the Fishery Management Plan 
for the Reef Fish Resources of the Gulf of Mexico (FMP), which 
published in the Federal Register on April 14, 2020. In addition to 
revising the commercial trip limit in the Gulf of Mexico (Gulf) 
exclusive economic zone for greater amberjack, the final rule revised 
the boundaries of several Gulf reef fish management areas to reflect a 
change in the seaward boundary of Louisiana, Mississippi, and Alabama. 
That framework action final rule contained an incorrect waypoint for 
the Gulf reef fish longline and buoy gear restricted area. The purpose 
of this correcting amendment is to fix that error.

DATES: This correction is effective June 15, 2020.

FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, Southeast Regional 
Office, NMFS, telephone: 727-824-5305, email: [email protected].

SUPPLEMENTARY INFORMATION: On April 14, 2020, NMFS published a final 
rule in the Federal Register (85 FR 20611) to implement provisions for 
a framework action that revised the commercial trip limit for Gulf 
greater amberjack. That final rule also revised the boundaries of the 
reef fish stressed area (Table 2 of appendix B to 50 CFR part 622), the 
reef fish longline and buoy gear restricted area (Table 1 of appendix B 
to 50 CFR part 622), and the recreational shallow-water grouper closure 
(50 CFR 622.34(d)) to ensure the boundaries of these areas were 
consistent with language in the 2016 and 2017 Consolidated 
Appropriations Acts (Pub. L. 114-113, December 18, 2015, and Pub. L. 
115-31, May 5, 2017), that changed the state and Federal boundary for 
management of the Gulf reef fish fishery to 9 nautical miles (nm; 16.7 
km) off the Gulf coasts of all the Gulf States. That rule did not 
change the management measures associated with each area. That final 
rule was effective on May 14, 2020.

Correction

    In the final rule for the framework action (85 FR 20611, April 14, 
2020), the regulatory text in Table 1 to appendix B to 50 CFR part 622 
contained one incorrect waypoint for the reef fish longline and buoy 
gear restricted area. The coordinates presented to the Gulf of Mexico 
Fishery Management Council for review were correct. However, in the 
rulemaking for the framework action, Point 19 of the longline and buoy 
gear restricted area in Table 1 was incorrectly identified as 
28[deg]46.5' N and 89[deg]26.0' W, which is inshore of the revised 
boundary of the Gulf reef fish longline and buoy gear restricted area. 
Thus, NMFS corrects Table 1 of appendix B to 50 CFR part 622 with the 
correct coordinate for Point 19 of the Gulf reef fish longline and buoy 
gear

[[Page 36165]]

restricted area, which is 28[deg]45.8' N, 89[deg]29.5' W.

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
that this correcting amendment is necessary for the conservation and 
management of Gulf reef fish resources and is consistent with the 
framework action, the FMP, the Magnuson-Stevens Fishery Conservation 
and Management Act, and other applicable law.
    This correcting amendment has been determined to be not significant 
under Executive Order 12866.
    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for 
Fisheries, NOAA, finds good cause to waive prior notice and opportunity 
for additional public comment because it would be unnecessary and 
contrary to the public interest. This correcting amendment corrects a 
waypoint for the longline and buoy gear restricted area. Providing 
prior notice and opportunity for public comment is unnecessary and 
contrary to the public interest because this is a non-substantive 
change and retaining the incorrect waypoint will cause confusion among 
the affected fishers and law enforcement. The current waypoint error 
results in an inshore boundary of the federally-managed restricted that 
is inconsistent with the provisions of the 2016 and 2017 Appropriations 
Acts.
    For the same reasons, the Assistant Administrator also finds good 
cause, pursuant to 5 U.S.C. 553(d), to waive the 30-day delay in 
effective date for this correcting amendment. This non-substantive 
correction will prevent confusion about the location of the boundary 
for the longline and buoy gear restricted area.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable. Accordingly, no Regulatory Flexibility 
Analysis is required and none has been prepared.

List of Subjects in 50 CFR Part 622

    Boundary, Commercial, Coordinates, Fisheries, Fishing, Greater 
amberjack, Gulf of Mexico, Reef fish, Trip limits.

    Dated: May 27, 2020.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs National Marine 
Fisheries Service.
    Accordingly, 50 CFR part 622 is corrected by making the following 
correcting amendment:

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 appendix B to part 622, in table 1, revise the coordinates of 
point 19 to read as follows:

Appendix B to Part 622--Gulf Areas

 Table 1 of Appendix B to Part 622--Seaward Coordinates of the Longline
                      and Buoy Gear Restricted Area
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   Point number and reference
          location \1\                North lat.          West long.
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                              * * * * * * *
19 South of Southwest Pass of          28[deg]45.8'        89[deg]29.5'
 Mississippi River..............
 
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[FR Doc. 2020-11739 Filed 6-12-20; 8:45 am]
BILLING CODE 3510-22-P