Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Framework Action, 38416-38418 [2021-15202]
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Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Rules and Regulations
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Sound and North Coast subareas are
August 19–21, 26–28; September 2–4,
9–11, 16–18, and 23–24. WDFW
recommended these dates to NMFS after
consultation with their stakeholders.
These dates were determined in
consultation with WDFW, the Council,
and IPHC. Notice of these and potential
additional dates and closure of the
fisheries will also be announced on the
NMFS hotline at 206–526–6667 or 800–
662–9825.
Weekly quota monitoring reports for
the recreational fisheries in Washington,
Oregon, and California are available on
their respective state Fish and Wildlife
agency websites. NMFS and the IPHC
will continue to monitor recreational
catch obtained via state sampling
procedures.
Classification
NMFS issues this action pursuant to
the Northern Pacific Halibut Act of
1982. This action is taken under the
regulatory authority at 50 CFR 300.63(c),
and is exempt from review under
Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(3)(B),
there is good cause to waive prior notice
and an opportunity for public comment
on this action, as notice and comment
would be impracticable and contrary to
the public interest. WDFW provided
updated landings data to NMFS on June
10, 2021, and requested additional
fishing dates be added before the close
of the recreational halibut fishery on
September 30, 2021, as the fishery
participants in the North Coast and
Puget Sound subareas have only caught
35 percent of the two areas’ combined
allocation. NMFS uses fishing rates from
previous years to determine the number
of recreational fishing dates needed to
attain subarea allocations. The level of
attainment of the allocation for 2021 is
much lower than past years for this
same point in time, and was not
anticipated when the 2021 final rule
setting the 2021 recreational fishery
season dates was developed. This action
should be implemented as soon as
possible to allow fishery participants to
take advantage of the additional fishing
dates prior to the end of the season. As
the fishery closes on September 30,
2021, implementing this action through
proposed and final rulemaking would
limit the benefit this action would
provide to fishery participants. Without
implementation of additional season
dates, the Puget Sound and North Coast
subareas would not harvest their full
subarea allocations, limiting economic
benefits to the participants and not
meeting the goals of the Catch Share
Plan and the 2021 management
measures. It is necessary that this
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rulemaking be implemented in a timely
manner so that planning for these new
fishing days can take place, and for
business and personal decision making
by the regulated public impacted by this
action, which includes recreational
charter fishing operations, associated
port businesses, and private anglers who
do not live near the coastal access
points for this fishery, among others. To
ensure the regulated public is fully
aware of this action, notice of this
regulatory action will also be provided
to anglers through a telephone hotline,
news release, and by the relevant state
fish and wildlife agencies. NMFS will
receive public comments for 15 days
after publication of this action, in
accordance with 50 CFR 300.63(c)(4)(ii).
No aspect of this action is controversial,
and changes of this nature were
anticipated in the process described in
regulations at 50 CFR 300.63(c).
For the reasons discussed above, there
is also good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in
effective date and make this action
effective immediately upon filing, as a
delay in effectiveness of this action
would constrain fishing opportunity
and be inconsistent with the goals of the
Catch Sharing Plan and current
management measures, as well as
potentially limit the economic
opportunity intended by this rule to the
associated fishing communities. NMFS
regulations allow the Regional
Administrator to modify sport fishing
periods, bag limits, size limits, days per
calendar week, and subarea quotas,
provided that the action allows
allocation objectives to be met and will
not result in exceeding the catch limit
for the subarea. NMFS recently received
information on the progress of landings
in the recreational fisheries in
Washington subareas, indicating
additional dates should be added to the
fishery to ensure optimal and
sustainable harvest of the quota. As
stated above, it is in the public interest
that this action is not delayed, because
a delay in the effectiveness of these new
dates would not allow the allocation
objectives of this fishery to be met.
Dated: July 15, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–15451 Filed 7–16–21; 4:15 pm]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 210713–0147]
RIN 0648–BK01
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico;
Framework Action
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS is implementing
management measures described in a
framework action to the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico (Reef
Fish FMP), as prepared and submitted
by the Gulf of Mexico Fishery
Management Council (Council). This
final rule will prohibit certain fishing
activities and, with one exception, the
possession of Gulf of Mexico (Gulf) reef
fish within the Madison-Swanson and
Steamboat Lumps Marine Protected
Areas (MPAs). The purpose of this final
rule is to protect spawning aggregations
of mature reef fish species by reducing
the potential for illegal fishing activities
within these MPAs.
DATES: This final rule is effective on
August 20, 2021.
ADDRESSES: Electronic copies of this
framework action to the FMP for the
Reef Fish Resources of the Gulf of
Mexico may be obtained from
www.regulations.gov or from the NMFS
Southeast Regional Office website at
https://www.fisheries.noaa.gov/action/
modification-fishing-access-easterngulf-mexico-marine-protected-areas.
The framework action includes an
environmental assessment, regulatory
impact review, and Regulatory
Flexibility Act (RFA) analysis.
FOR FURTHER INFORMATION CONTACT: Rich
Malinowski, NMFS Southeast Regional
Office, telephone: 727–824–5305, or
email: rich.malinowski@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS and
the Council manage the reef fish fishery
under the Reef Fish FMP. The Reef Fish
FMP was prepared by the 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) (16 U.S.C.
1801 et seq.).
SUMMARY:
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Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Rules and Regulations
On March 2, 2021, NMFS published
the proposed rule for the framework
action and requested public comment
(86 FR 12163). The proposed rule
outlined the rationale for the actions
contained in this final rule. A summary
of the management measures described
in the proposed rule and implemented
by this final rule is described below.
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Background
The Madison-Swanson and Steamboat
Lumps MPAs were established on June
19, 2000 (65 FR 31827, May 19, 2000).
The two MPAs combined cover 219
square nautical miles (nmi2) (751 square
kilometers (km2)) near the 240-foot (73meter) contour, also known as the 40fathom contour, off northwest and west
Florida. The area of Madison-Swanson
is 115 nmi2 (394 km2) and the area of
Steamboat Lumps is 104 nmi2 (357
km2). The distance between these MPAs
is approximately 69 nmi (127 km). The
Council and NMFS created the MPAs to
provide protection to spawning
aggregations of gag, which is a species
of grouper, and other reef fish. When the
MPAs were implemented, all fishing
inside the MPAs was prohibited, except
for Atlantic highly migratory species
(HMS) such as tunas, billfishes, and
oceanic sharks, which are managed
separately by NMFS’ Atlantic HMS
Management Division. Since 2004,
surface trolling has been allowed for
non-reef fish species in the MPAs from
May 1 through October 31 annually (69
FR 24532, May 4, 2004). In 2006, NMFS
implemented complementary
management measures to prohibit
fishing for Atlantic HMS except by
surface trolling from May 1 through
October 31 annually (71 FR 58058,
October 2, 2006). In addition, the
possession of Gulf reef fish while inside
the MPAs is prohibited, except on a
vessel in transit with fishing gear
stowed as specified in § 622.34(a)(4).
The Council developed this
framework action to modify the
restrictions on fishing in, and transiting
through, the Madison-Swanson and
Steamboat Lumps MPAs in the eastern
Gulf. The framework action prohibits all
fishing, except for HMS, year-round in
the Madison-Swanson and Steamboat
Lumps MPAs, and prohibits the
possession of Gulf reef fish year-round
in these areas unless a vessel has a valid
Federal commercial permit for Gulf reef
fish, an operating satellite-based vessel
monitoring system (VMS), and is in
transit with fishing gear appropriately
stowed.
These prohibitions do not apply to
Atlantic HMS. Federal regulations
currently applicable to Atlantic HMS in
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the MPAs are located at 50 CFR part
635.
Management Measures Contained in
This Final Rule
This final rule prohibits fishing yearround in the Madison-Swanson and
Steamboat Lumps MPAs. Additionally,
the possession of any Gulf reef fish is
prohibited year-round in the MPAs,
with a limited exception.
This final rule revises current fishing
restrictions in the MPAs. Currently,
surface trolling, as defined at
§ 622.34(a)(5), is the only allowable
fishing activity and is only allowed from
May through October each year.
Federally managed species that may be
targeted by surface trolling in the MPAs
include the Gulf coastal migratory
pelagic species king mackerel and
Spanish mackerel, and HMS.
This final rule prohibits fishing yearround for all species except HMS.
However, NMFS Atlantic HMS
Management Division is considering a
request from the Council to develop
compatible regulations for HMS.
Currently, fishing vessels with Gulf
reef fish on board may transit through
the MPAs as long as all fishing gear is
appropriately stowed. This provision
allows transiting fishing vessels to
proceed between destinations, without
the need to reroute to avoid a specific
area even if they are in possession of
reef fish. For these MPAs, transit means
non-stop progression through the area
and fishing gear appropriately stowed is
defined in 50 CFR 622.34(a)(4)(i)
through (iv). This final rule prohibits
the possession of Gulf reef fish in the
MPAs even when transiting unless the
vessel was issued a valid Federal
commercial permit for Gulf reef fish,
which requires an operating satellitebased VMS. All fishing gear needs to be
appropriately stowed.
Comments and Responses
NMFS did not receive any comments
during the public comment period for
the proposed rule for the framework
action and therefore no changes were
made to this proposed rule as a result
of public comment.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this final rule is consistent with the
framework amendment, the Reef Fish
FMP, the Magnuson-Stevens Act, and
other applicable laws.
This rule has been determined to be
not significant for purposes of Executive
Order 12866.
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38417
The Magnuson-Stevens Act provides
the statutory basis for this rule. No
duplicative, overlapping, or conflicting
Federal rules have been identified. In
addition, no new reporting, recordkeeping, or other compliance
requirements are introduced by this
final rule.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
the certification and NMFS has not
received any new information that
would affect its determination. As a
result, a regulatory flexibility analysis
was not required and none was
prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gulf of Mexico,
Marine protected area, Reef fish.
Dated: July 13, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, 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. Amend § 622.34 by:
a. Revising the paragraph heading and
adding paragraph (a) introductory text;
■ b. Revising paragraphs (a)(2) and (3);
and
■ c. Removing paragraphs (a)(5) and (6).
The revisions read as follows:
■
■
§ 622.34 Seasonal and area closures
designed to protect Gulf reef fish.
(a) Closure provisions applicable to
the Madison and Swanson sites,
Steamboat Lumps, and the Edges. For
the purpose of this paragraph (a), fish
means finfish, mollusks, crustaceans,
and all other forms of marine animal
and plant life other than marine
mammals and birds. The provisions of
this paragraph (a) do not apply to
Atlantic highly migratory species, such
as tunas, billfishes, and oceanic sharks.
See 50 CFR part 635 for any provisions
applicable to fishing for or possession of
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Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Rules and Regulations
Atlantic highly migratory species in
these areas.
*
*
*
*
*
(2) Within the Madison and Swanson
sites and Steamboat Lumps: Fishing is
prohibited year-round; possession of
Gulf reef fish is prohibited year-round
except when such possession is on a
vessel that has been issued a valid
Federal commercial permit for Gulf reef
fish, has an operating satellite-based
VMS unit, and is in transit with fishing
gear stowed as specified in paragraph
(a)(4) of this section; and possession of
any non-Gulf reef fish species is
prohibited year-round, except for such
possession on a vessel in transit with
fishing gear stowed as specified in
paragraph (a)(4) of this section.
(3) Within the Edges during January
through April each year, all fishing is
prohibited and the possession of any
fish species is prohibited, except for
such possession on a vessel in transit
with fishing gear appropriately stowed
as specified in paragraph (a)(4) of this
section.
*
*
*
*
*
[FR Doc. 2021–15202 Filed 7–20–21; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 210217–0022; RTID 0648–
XB231]
Fisheries of the Exclusive Economic
Zone Off Alaska; Sablefish in the
Bering Sea Subarea of the Bering Sea
and Aleutian Islands Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
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AGENCY:
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Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
NMFS is prohibiting retention
of non-Community Development Quota
(CDQ) sablefish by vessels using trawl
gear in the Bering Sea subarea of the
Bering Sea and Aleutian Islands
management area (BSAI). This action is
necessary because the 2021 non-CDQ
sablefish initial total allowable catch
(ITAC) in the Bering Sea subarea of the
BSAI will be reached.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), July 17, 2021, through
2400 hours, A.l.t., December 31, 2021.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI according to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (FMP) prepared by
the North Pacific Fishery Management
Council under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act.
Regulations governing fishing by U.S.
vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The 2021 non-CDQ sablefish trawl
ITAC in the Bering Sea subarea of the
BSAI is 1,443 metric tons (mt) as
established by the final 2021 and 2022
harvest specifications for groundfish in
the BSAI (86 FR 11449, February 25,
2021). In accordance with
§ 679.20(d)(2), the Administrator,
Alaska Region, NMFS (Regional
Administrator), has determined that the
2021 non-CDQ sablefish trawl ITAC in
the Bering Sea subarea of the BSAI will
soon be reached. Therefore, NMFS is
requiring that non-CDQ sablefish caught
SUMMARY:
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with vessels using trawl gear in the
Bering Sea subarea of the BSAI be
treated as prohibited species in
accordance with § 679.21(b).
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
part 679, which was issued pursuant to
section 304(b), and is exempt from
review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
an opportunity for public comment on
this action, as notice and comment
would be impracticable and contrary to
the public interest, as it would prevent
NMFS from responding to the most
recent fisheries data in a timely fashion
and would delay the prohibited
retention of non-CDQ sablefish by
vessels using trawl gear in the Bering
Sea subarea of the BSAI. NMFS was
unable to publish a notice providing
time for public comment because the
most recent, relevant data only became
available as of July 15, 2021.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 16, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–15537 Filed 7–16–21; 4:15 pm]
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]]>Agencies
[Federal Register Volume 86, Number 137 (Wednesday, July 21, 2021)]
[Rules and Regulations]
[Pages 38416-38418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15202]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 210713-0147]
RIN 0648-BK01
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Framework Action
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS is implementing management measures described in a
framework action to the Fishery Management Plan for the Reef Fish
Resources of the Gulf of Mexico (Reef Fish FMP), as prepared and
submitted by the Gulf of Mexico Fishery Management Council (Council).
This final rule will prohibit certain fishing activities and, with one
exception, the possession of Gulf of Mexico (Gulf) reef fish within the
Madison-Swanson and Steamboat Lumps Marine Protected Areas (MPAs). The
purpose of this final rule is to protect spawning aggregations of
mature reef fish species by reducing the potential for illegal fishing
activities within these MPAs.
DATES: This final rule is effective on August 20, 2021.
ADDRESSES: Electronic copies of this framework action to the FMP for
the Reef Fish Resources of the Gulf of Mexico may be obtained from
www.regulations.gov or from the NMFS Southeast Regional Office website
at https://www.fisheries.noaa.gov/action/modification-fishing-access-eastern-gulf-mexico-marine-protected-areas. The framework action
includes an environmental assessment, regulatory impact review, and
Regulatory Flexibility Act (RFA) analysis.
FOR FURTHER INFORMATION CONTACT: Rich Malinowski, NMFS Southeast
Regional Office, telephone: 727-824-5305, or email:
[email protected].
SUPPLEMENTARY INFORMATION: NMFS and the Council manage the reef fish
fishery under the Reef Fish FMP. The Reef Fish FMP was prepared by the
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) (16 U.S.C. 1801 et seq.).
[[Page 38417]]
On March 2, 2021, NMFS published the proposed rule for the
framework action and requested public comment (86 FR 12163). The
proposed rule outlined the rationale for the actions contained in this
final rule. A summary of the management measures described in the
proposed rule and implemented by this final rule is described below.
Background
The Madison-Swanson and Steamboat Lumps MPAs were established on
June 19, 2000 (65 FR 31827, May 19, 2000). The two MPAs combined cover
219 square nautical miles (nmi\2\) (751 square kilometers (km\2\)) near
the 240-foot (73-meter) contour, also known as the 40-fathom contour,
off northwest and west Florida. The area of Madison-Swanson is 115
nmi\2\ (394 km\2\) and the area of Steamboat Lumps is 104 nmi\2\ (357
km\2\). The distance between these MPAs is approximately 69 nmi (127
km). The Council and NMFS created the MPAs to provide protection to
spawning aggregations of gag, which is a species of grouper, and other
reef fish. When the MPAs were implemented, all fishing inside the MPAs
was prohibited, except for Atlantic highly migratory species (HMS) such
as tunas, billfishes, and oceanic sharks, which are managed separately
by NMFS' Atlantic HMS Management Division. Since 2004, surface trolling
has been allowed for non-reef fish species in the MPAs from May 1
through October 31 annually (69 FR 24532, May 4, 2004). In 2006, NMFS
implemented complementary management measures to prohibit fishing for
Atlantic HMS except by surface trolling from May 1 through October 31
annually (71 FR 58058, October 2, 2006). In addition, the possession of
Gulf reef fish while inside the MPAs is prohibited, except on a vessel
in transit with fishing gear stowed as specified in Sec. 622.34(a)(4).
The Council developed this framework action to modify the
restrictions on fishing in, and transiting through, the Madison-Swanson
and Steamboat Lumps MPAs in the eastern Gulf. The framework action
prohibits all fishing, except for HMS, year-round in the Madison-
Swanson and Steamboat Lumps MPAs, and prohibits the possession of Gulf
reef fish year-round in these areas unless a vessel has a valid Federal
commercial permit for Gulf reef fish, an operating satellite-based
vessel monitoring system (VMS), and is in transit with fishing gear
appropriately stowed.
These prohibitions do not apply to Atlantic HMS. Federal
regulations currently applicable to Atlantic HMS in the MPAs are
located at 50 CFR part 635.
Management Measures Contained in This Final Rule
This final rule prohibits fishing year-round in the Madison-Swanson
and Steamboat Lumps MPAs. Additionally, the possession of any Gulf reef
fish is prohibited year-round in the MPAs, with a limited exception.
This final rule revises current fishing restrictions in the MPAs.
Currently, surface trolling, as defined at Sec. 622.34(a)(5), is the
only allowable fishing activity and is only allowed from May through
October each year. Federally managed species that may be targeted by
surface trolling in the MPAs include the Gulf coastal migratory pelagic
species king mackerel and Spanish mackerel, and HMS.
This final rule prohibits fishing year-round for all species except
HMS. However, NMFS Atlantic HMS Management Division is considering a
request from the Council to develop compatible regulations for HMS.
Currently, fishing vessels with Gulf reef fish on board may transit
through the MPAs as long as all fishing gear is appropriately stowed.
This provision allows transiting fishing vessels to proceed between
destinations, without the need to reroute to avoid a specific area even
if they are in possession of reef fish. For these MPAs, transit means
non-stop progression through the area and fishing gear appropriately
stowed is defined in 50 CFR 622.34(a)(4)(i) through (iv). This final
rule prohibits the possession of Gulf reef fish in the MPAs even when
transiting unless the vessel was issued a valid Federal commercial
permit for Gulf reef fish, which requires an operating satellite-based
VMS. All fishing gear needs to be appropriately stowed.
Comments and Responses
NMFS did not receive any comments during the public comment period
for the proposed rule for the framework action and therefore no changes
were made to this proposed rule as a result of public comment.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this final rule is
consistent with the framework amendment, the Reef Fish FMP, the
Magnuson-Stevens Act, and other applicable laws.
This rule has been determined to be not significant for purposes of
Executive Order 12866.
The Magnuson-Stevens Act provides the statutory basis for this
rule. 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 final rule.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding the certification and NMFS has not received any new
information that would affect its determination. As a result, a
regulatory flexibility analysis was not required and none was prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gulf of Mexico, Marine protected area, Reef
fish.
Dated: July 13, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, 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. Amend Sec. 622.34 by:
0
a. Revising the paragraph heading and adding paragraph (a) introductory
text;
0
b. Revising paragraphs (a)(2) and (3); and
0
c. Removing paragraphs (a)(5) and (6).
The revisions read as follows:
Sec. 622.34 Seasonal and area closures designed to protect Gulf reef
fish.
(a) Closure provisions applicable to the Madison and Swanson sites,
Steamboat Lumps, and the Edges. For the purpose of this paragraph (a),
fish means finfish, mollusks, crustaceans, and all other forms of
marine animal and plant life other than marine mammals and birds. The
provisions of this paragraph (a) do not apply to Atlantic highly
migratory species, such as tunas, billfishes, and oceanic sharks. See
50 CFR part 635 for any provisions applicable to fishing for or
possession of
[[Page 38418]]
Atlantic highly migratory species in these areas.
* * * * *
(2) Within the Madison and Swanson sites and Steamboat Lumps:
Fishing is prohibited year-round; possession of Gulf reef fish is
prohibited year-round except when such possession is on a vessel that
has been issued a valid Federal commercial permit for Gulf reef fish,
has an operating satellite-based VMS unit, and is in transit with
fishing gear stowed as specified in paragraph (a)(4) of this section;
and possession of any non-Gulf reef fish species is prohibited year-
round, except for such possession on a vessel in transit with fishing
gear stowed as specified in paragraph (a)(4) of this section.
(3) Within the Edges during January through April each year, all
fishing is prohibited and the possession of any fish species is
prohibited, except for such possession on a vessel in transit with
fishing gear appropriately stowed as specified in paragraph (a)(4) of
this section.
* * * * *
[FR Doc. 2021-15202 Filed 7-20-21; 8:45 am]
BILLING CODE 3510-22-P
