Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic Region; Amendment 49; Correction, 276-277 [2023-28901]
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Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Rules and Regulations
duplicative, overlapping, or conflicting
Federal rules have been identified. A
description of this final rule, why it is
being considered, and the purpose of
this final rule is contained in the
SUMMARY and SUPPLEMENTARY
INFORMATION sections of the preamble.
The objectives of this final rule are to
ensure catch level recommendations are
based on the best scientific information
available, prevent overfishing while
achieving optimum yield, and include
flexibility in setting catch limits as
allowed by the Magnuson-Stevens Act
and in accordance with NMFS’
guidance on carry-over and phase-in
provisions.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
during the proposed rule stage that this
rule 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. NMFS did not receive any
comments from SBA’s Office of
Advocacy or the public regarding the
certification in the proposed rule. No
changes to this final rule were made in
response to public comments. As a
result, a final regulatory flexibility
analysis was not required and none was
prepared.
This final rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, South Atlantic,
Atlantic.
Dated: December 28, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, NMFS amends 50 CFR part
622 as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
ddrumheller on DSK120RN23PROD with RULES1
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.194, revise paragraph (a) to
read as follows:
§ 622.194 Adjustment of management
measures.
*
*
*
*
*
(a) Biomass levels, age-structured
analyses, target dates for rebuilding
VerDate Sep<11>2014
16:21 Jan 02, 2024
Jkt 262001
§ 622.252 Adjustment of management
measures.
*
*
*
*
*
(a) Biomass levels, age-structured
analyses, maximum sustainable yield,
acceptable biological catch, total
allowable catch, quotas (including
quotas equal to zero), trip limits,
minimum sizes, gear regulations and
restrictions, permit requirements,
seasonal or area closures, sub-zones and
their management measures, time frame
for recovery of golden crab if overfished,
fishing year (adjustment not to exceed 2
months), observer requirements,
authority for the Regional Administrator
to close the fishery when a quota is
reached or is projected to be reached,
definitions of essential fish habitat
(EFH), EFH habitat areas of particular
concern (HAPCs), or coral HAPCs, and
allow transfer of the unharvested ACL to
the following fishing year.
*
*
*
*
*
■ 4. In § 622.281, revise paragraph (a) to
read as follows:
§ 622.281 Adjustment of management
measures.
*
1. The authority citation for part 622
continues to read as follows:
■
■
overfished species, maximum
sustainable yield (or its proxy),
optimum yield, acceptable biological
catch, total allowable catch, quotas
(including a quota of zero), annual catch
limits, annual catch targets,
accountability measures, maximum
fishing mortality threshold, minimum
stock size threshold, trip limits, bag
limits, size limits, gear restrictions
(ranging from regulation to complete
prohibition), seasonal or area closures,
fishing year, rebuilding plans,
definitions of essential fish habitat
(EFH), establishment of or modifications
to EFH habitat areas of particular
concern (HAPCs) or coral HAPCs,
restrictions on gear and fishing activities
applicable in EFH and EFH HAPCs,
establish or modify spawning SMZs,
and allow transfer of the unharvested
total or sector ACL to the following
fishing year.
*
*
*
*
*
■ 3. In § 622.252, revise paragraph (a) to
read as follows:
*
*
*
*
(a) Biomass levels, age-structured
analyses, maximum sustainable yield,
optimum yield, overfishing limit, total
allowable catch, acceptable biological
catch (ABC), ABC control rule, annual
catch limits, annual catch targets,
accountability measures, trip limits,
minimum sizes, gear regulations and
restrictions, permit requirements,
seasonal or area closures, sub-zones and
their management measures, overfishing
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
definitions and other status
determination criteria, time frame for
recovery of Atlantic dolphin or wahoo
if overfished, fishing year (adjustment
not to exceed 2 months), authority for
the Regional Administrator to close a
fishery when a quota is reached or is
projected to be reached or reopen a
fishery when additional quota becomes
available, definitions of essential fish
habitat (EFH), EFH habitat areas of
particular concern (HAPCs), or coral
HAPCs, and allow transfer of the
unharvested total or sector ACL to the
following fishing year.
*
*
*
*
*
[FR Doc. 2023–28906 Filed 1–2–24; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 231226–0316]
RIN 0648–BL93
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic
Region; Amendment 49; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correcting
amendment.
AGENCY:
NMFS corrects the final rule
that implemented management
measures described in Amendment 49
to the Fishery Management Plan for the
Snapper-Grouper Fishery of the South
Atlantic Region (FMP), which published
in the Federal Register on September
26, 2023. For greater amberjack, that
final rule revised the sector annual
catch limits (ACLs), the commercial
minimum size limit, the commercial
seasonal trip limits, and the April
spawning season closure. In addition,
Amendment 49 revised the overfishing
limit, acceptable biological catch,
annual optimum yield, and sector
allocations of the total ACL, as well as
removed the recreational annual catch
targets for species in the FMP. In that
final rule, NMFS inadvertently
neglected to include a previously
contained commercial quota provision
that did not change through
Amendment 49, and did not include a
commercial trip limit paragraph heading
that did not change through
Amendment 49. The purpose of this
SUMMARY:
E:\FR\FM\03JAR1.SGM
03JAR1
Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Rules and Regulations
ddrumheller on DSK120RN23PROD with RULES1
correcting amendment is to fix these
errors.
DATES: This correction is effective
January 3, 2024.
FOR FURTHER INFORMATION CONTACT:
Mary Vara, Southeast Regional Office,
NMFS, telephone: 727–824–5305, email:
mary.vara@noaa.gov.
SUPPLEMENTARY INFORMATION: On
September 26, 2023, NMFS published a
final rule in the Federal Register (88 FR
65819) to implement revisions to greater
amberjack management measures
contained in Amendment 49 that
included, among other actions,
regulatory revisions for commercial
quotas and commercial trip limits. That
final rule became effective on October
26, 2023.
Corrections
In the regulatory text of the final rule
for Amendment 49, NMFS inadvertently
neglected to include the pre-existing
greater amberjack commercial seasonal
quota carryover provision at 50 CFR
622.190(a)(3)(iii) within 50 CFR
622.190(a)(3), when also revising
paragraphs (a)(3)(i) and (ii) of the
section. The text within 50 CFR
622.190(a)(3)(iii) states, ‘‘Any unused
portion of the quota specified in
paragraph (a)(3)(i) of this section will be
added to the quota specified in
paragraph (a)(3)(ii) of this section. Any
unused portion of the quota specified in
paragraph (a)(3)(ii) of this section,
including any addition of quota
specified in paragraph (a)(3)(i) of this
section that was unused, will become
void and will not be added to any
subsequent quota.’’
The discussions in Amendment 49, as
well as the associated proposed and
final rules, were clear that for greater
amberjack commercial quotas, only the
seasonal quota values themselves were
to change, not the existing quota
carryover provision, and therefore it
should have also been included within
the rest of the text at 50 CFR
622.190(a)(3). Thus, through this
correcting amendment NMFS corrects
50 CFR 622.190 by adding the
mistakenly removed paragraph (a)(3)(iii)
that was effective and in the regulations
prior to the implementation of
Amendment 49.
Additionally, in the regulatory text of
the final rule for Amendment 49, NMFS
inadvertently neglected to include a
paragraph heading for greater amberjack
within the commercial trip limits at 50
CFR 622.191(a)(5). Amendment 49
revised the greater amberjack trip limit
and when drafting the associated
regulatory text for that trip limit, NMFS
inadvertently did not include ‘‘Greater
VerDate Sep<11>2014
16:21 Jan 02, 2024
Jkt 262001
amberjack’’ as the heading for paragraph
(a)(5) of the section. Thus, through this
correcting amendment NMFS adds back
in the heading of ‘‘Greater amberjack’’ at
50 CFR 622.191(a)(5) that was effective
and in the regulations prior to the
implementation of Amendment 49.
Classification
Pursuant to section 305(d) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator (AA) has
determined that this final rule is
consistent with Amendment 49, the
FMP, the Magnuson-Stevens Act, and
other applicable law.
This final rule has been determined to
be not significant under Executive Order
12866.
Pursuant to 5 U.S.C. 553(b)(B), the AA
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
adds back into the regulations a needed
commercial quota provision and a
commercial trip limit paragraph heading
that were inadvertently not included in
the final rule implementing Amendment
49. Providing prior notice and
opportunity for public comment is
unnecessary and contrary to the public
interest. The final rules that
implemented the erroneously removed
codified provisions and the greater
amberjack management measures in
Amendment 49 were already subject to
notice and public comment. Additional
opportunity for public comment would
delay inclusion of the previously
effective commercial quota and trip
limit provisions which were
inadvertently removed in the regulatory
text. Further, this correction will
prevent confusion about greater
amberjack commercial quota provisions
and add clarity to the commercial trip
limit regulations.
For the same reasons, the AA also
finds good cause, pursuant to 5 U.S.C.
553(d)(3), to waive the 30-day delay in
effective date for this correcting
amendment.
Because prior notice and opportunity
for public comment are not required for
this rule by 5 U.S.C. 553, or any other
law, this rule is exempt from the
procedures of the Regulatory Flexibility
Act. Accordingly, no Regulatory
Flexibility Analysis is required and
none has been prepared.
This final rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
PO 00000
Frm 00045
Fmt 4700
Sfmt 9990
277
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing,
Greater amberjack, South Atlantic.
Dated: December 28, 2023.
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
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.190, add paragraph
(a)(3)(iii) to read as follows:
■
§ 622.190
Quotas.
*
*
*
*
*
(a) * * *
(3) * * *
(iii) Any unused portion of the quota
specified in paragraph (a)(3)(i) of this
section will be added to the quota
specified in paragraph (a)(3)(ii) of this
section. Any unused portion of the
quota specified in paragraph (a)(3)(ii) of
this section, including any addition of
quota specified in paragraph (a)(3)(i) of
this section that was unused, will
become void and will not be added to
any subsequent quota.
*
*
*
*
*
3. In § 622.191, revise paragraph (a)(5)
to read as follows:
■
§ 622.190
Commercial trip limits.
*
*
*
*
*
(a) * * *
(5) Greater amberjack. Until the
applicable commercial quota specified
in § 622.190(a)(3) is reached—1,200 lb
(544 kg). See § 622.190(c)(1) for the
limitations regarding greater amberjack
after the applicable commercial quota is
reached.
*
*
*
*
*
[FR Doc. 2023–28901 Filed 1–2–24; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\03JAR1.SGM
03JAR1
]]>Agencies
[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Rules and Regulations]
[Pages 276-277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28901]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 231226-0316]
RIN 0648-BL93
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic Region; Amendment 49;
Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correcting amendment.
-----------------------------------------------------------------------
SUMMARY: NMFS corrects the final rule that implemented management
measures described in Amendment 49 to the Fishery Management Plan for
the Snapper-Grouper Fishery of the South Atlantic Region (FMP), which
published in the Federal Register on September 26, 2023. For greater
amberjack, that final rule revised the sector annual catch limits
(ACLs), the commercial minimum size limit, the commercial seasonal trip
limits, and the April spawning season closure. In addition, Amendment
49 revised the overfishing limit, acceptable biological catch, annual
optimum yield, and sector allocations of the total ACL, as well as
removed the recreational annual catch targets for species in the FMP.
In that final rule, NMFS inadvertently neglected to include a
previously contained commercial quota provision that did not change
through Amendment 49, and did not include a commercial trip limit
paragraph heading that did not change through Amendment 49. The purpose
of this
[[Page 277]]
correcting amendment is to fix these errors.
DATES: This correction is effective January 3, 2024.
FOR FURTHER INFORMATION CONTACT: Mary Vara, Southeast Regional Office,
NMFS, telephone: 727-824-5305, email: [email protected].
SUPPLEMENTARY INFORMATION: On September 26, 2023, NMFS published a
final rule in the Federal Register (88 FR 65819) to implement revisions
to greater amberjack management measures contained in Amendment 49 that
included, among other actions, regulatory revisions for commercial
quotas and commercial trip limits. That final rule became effective on
October 26, 2023.
Corrections
In the regulatory text of the final rule for Amendment 49, NMFS
inadvertently neglected to include the pre-existing greater amberjack
commercial seasonal quota carryover provision at 50 CFR
622.190(a)(3)(iii) within 50 CFR 622.190(a)(3), when also revising
paragraphs (a)(3)(i) and (ii) of the section. The text within 50 CFR
622.190(a)(3)(iii) states, ``Any unused portion of the quota specified
in paragraph (a)(3)(i) of this section will be added to the quota
specified in paragraph (a)(3)(ii) of this section. Any unused portion
of the quota specified in paragraph (a)(3)(ii) of this section,
including any addition of quota specified in paragraph (a)(3)(i) of
this section that was unused, will become void and will not be added to
any subsequent quota.''
The discussions in Amendment 49, as well as the associated proposed
and final rules, were clear that for greater amberjack commercial
quotas, only the seasonal quota values themselves were to change, not
the existing quota carryover provision, and therefore it should have
also been included within the rest of the text at 50 CFR 622.190(a)(3).
Thus, through this correcting amendment NMFS corrects 50 CFR 622.190 by
adding the mistakenly removed paragraph (a)(3)(iii) that was effective
and in the regulations prior to the implementation of Amendment 49.
Additionally, in the regulatory text of the final rule for
Amendment 49, NMFS inadvertently neglected to include a paragraph
heading for greater amberjack within the commercial trip limits at 50
CFR 622.191(a)(5). Amendment 49 revised the greater amberjack trip
limit and when drafting the associated regulatory text for that trip
limit, NMFS inadvertently did not include ``Greater amberjack'' as the
heading for paragraph (a)(5) of the section. Thus, through this
correcting amendment NMFS adds back in the heading of ``Greater
amberjack'' at 50 CFR 622.191(a)(5) that was effective and in the
regulations prior to the implementation of Amendment 49.
Classification
Pursuant to section 305(d) of the Magnuson-Stevens Act, the NMFS
Assistant Administrator (AA) has determined that this final rule is
consistent with Amendment 49, the FMP, the Magnuson-Stevens Act, and
other applicable law.
This final rule has been determined to be not significant under
Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), the AA 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 adds back into the regulations a needed commercial
quota provision and a commercial trip limit paragraph heading that were
inadvertently not included in the final rule implementing Amendment 49.
Providing prior notice and opportunity for public comment is
unnecessary and contrary to the public interest. The final rules that
implemented the erroneously removed codified provisions and the greater
amberjack management measures in Amendment 49 were already subject to
notice and public comment. Additional opportunity for public comment
would delay inclusion of the previously effective commercial quota and
trip limit provisions which were inadvertently removed in the
regulatory text. Further, this correction will prevent confusion about
greater amberjack commercial quota provisions and add clarity to the
commercial trip limit regulations.
For the same reasons, the AA also finds good cause, pursuant to 5
U.S.C. 553(d)(3), to waive the 30-day delay in effective date for this
correcting amendment.
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553, or any other law, this rule is
exempt from the procedures of the Regulatory Flexibility Act.
Accordingly, no Regulatory Flexibility Analysis is required and none
has been prepared.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Greater amberjack, South Atlantic.
Dated: December 28, 2023.
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 Sec. 622.190, add paragraph (a)(3)(iii) to read as follows:
Sec. 622.190 Quotas.
* * * * *
(a) * * *
(3) * * *
(iii) Any unused portion of the quota specified in paragraph
(a)(3)(i) of this section will be added to the quota specified in
paragraph (a)(3)(ii) of this section. Any unused portion of the quota
specified in paragraph (a)(3)(ii) of this section, including any
addition of quota specified in paragraph (a)(3)(i) of this section that
was unused, will become void and will not be added to any subsequent
quota.
* * * * *
0
3. In Sec. 622.191, revise paragraph (a)(5) to read as follows:
Sec. 622.190 Commercial trip limits.
* * * * *
(a) * * *
(5) Greater amberjack. Until the applicable commercial quota
specified in Sec. 622.190(a)(3) is reached--1,200 lb (544 kg). See
Sec. 622.190(c)(1) for the limitations regarding greater amberjack
after the applicable commercial quota is reached.
* * * * *
[FR Doc. 2023-28901 Filed 1-2-24; 8:45 am]
BILLING CODE 3510-22-P
