80_FR_41070 80 FR 40936 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region; Framework Amendment

80 FR 40936 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region; Framework Amendment

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 134 (July 14, 2015)

Page Range40936-40937
FR Document2015-17192

In this final rule, NMFS implements management measures described in Framework Amendment 2 to the Fishery Management Plan (FMP) for the Coastal Migratory Pelagic (CMP) Resources in the Gulf of Mexico and Atlantic Region (Framework Amendment 2), as prepared and submitted by the South Atlantic and Gulf of Mexico Fishery Management Councils (Councils). This final rule removes the unlimited commercial trip limit for Spanish mackerel in Federal waters off the east coast of Florida that began on weekdays beginning December 1 of each year. The modifications to the commercial trip limit system better fit the current fishery conditions and catch limits for Atlantic migratory group Spanish mackerel in the southern zone, while increasing social and economic benefits of the CMP fishery.

Federal Register, Volume 80 Issue 134 (Tuesday, July 14, 2015) 
[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)]
[Rules and Regulations]
[Pages 40936-40937]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17192]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140819687-5583-02]
RIN 0648-BE40


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic 
Region; Framework Amendment

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

ACTION: Final rule.

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SUMMARY: In this final rule, NMFS implements management measures 
described in Framework Amendment 2 to the Fishery Management Plan (FMP) 
for the Coastal Migratory Pelagic (CMP) Resources in the Gulf of Mexico 
and Atlantic Region (Framework Amendment 2), as prepared and submitted 
by the South Atlantic and Gulf of Mexico Fishery Management Councils 
(Councils). This final rule removes the unlimited commercial trip limit 
for Spanish mackerel in Federal waters off the east coast of Florida 
that began on weekdays beginning December 1 of each year. The 
modifications to the commercial trip limit system better fit the 
current fishery conditions and catch limits for Atlantic migratory 
group Spanish mackerel in the southern zone, while increasing social 
and economic benefits of the CMP fishery.

DATES: This final rule is effective August 13, 2015.

ADDRESSES: Framework Amendment 2 to the FMP, which includes an 
environmental assessment and a regulatory impact review, is available 
from www.regulations.gov or the Southeast Regional Office Web site at 
http://sero.nmfs.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Karla Gore, NMFS Southeast Regional 
Office, telephone: 727-824-5305, or email: [email protected].

SUPPLEMENTARY INFORMATION: The CMP fishery of the South Atlantic and 
Gulf of Mexico (Gulf) includes Spanish mackerel and is managed under 
the CMP FMP. The FMP was prepared by the Councils and implemented 
through regulations at 50 CFR part 622 under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).
    On April 9, 2015, NMFS published a proposed rule for the framework 
action and requested public comment (80 FR 19056). The proposed rule 
and the framework action set forth additional rationale for the actions 
contained in this final rule. A summary of the actions implemented by 
this final rule is provided below.

Management Measure Contained in This Final Rule

    This final rule modifies the commercial trip limit system for 
Atlantic migratory group Spanish mackerel. Changes in fishery 
conditions, such as an increase of the commercial annual catch limit 
(ACL), have necessitated modifications to some elements of the trip 
limit system.
    This final rule streamlines the commercial trip limit system for 
the Atlantic migratory group Spanish mackerel by eliminating the 
unlimited weekday Spanish mackerel trip limit in Federal waters off the 
eastern coast of Florida. The final rule retains the adjusted quota, 
which provides a buffer to help prevent the commercial sector from 
exceeding the commercial ACL.
    This final rule establishes a commercial trip limit of 3,500 lb 
(1,588 kg) for Spanish mackerel in Federal waters offshore of South 
Carolina, Georgia, and eastern Florida, which is the area established 
as the southern zone by the final rule implementing Amendment 20B to 
the FMP (80 FR 4216, January 27, 2015). When 75 percent of the adjusted 
southern zone quota (2,417,330 lb (1,096,482 kg)) is met or is 
projected to be met, the commercial trip limit will be reduced to 1,500 
lb (680 kg). When 100 percent of the adjusted southern zone commercial 
quota is met or projected to be met, the commercial trip limit will be 
reduced to

[[Page 40937]]

500 lb (227 kg) until the end of the fishing year or until the southern 
zone commercial quota is met or is projected to be met, at which time 
the commercial sector in the southern zone would be closed to harvest 
of Spanish mackerel. The modified system of trip limits described above 
would control harvest more effectively.

Comments and Responses

    NMFS received two comments on the proposed rule, one from a fishing 
organization that expressed support of the proposed action, and one 
from a Federal agency that stated it had no comment. NMFS did not 
receive any substantive comments on the proposed rule.

Classification

    The Regional Administrator, Southeast Region, NMFS determined that 
this final rule is necessary for the conservation and management of 
Atlantic migratory group Spanish mackerel and is consistent with 
Framework Amendment 2, the FMP, the Magnuson-Stevens Act, and other 
applicable laws.
    This final rule has been determined to not be significant for 
purposes of Executive Order 12866.
    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 rule would not 
have a significant economic impact on a substantial number of small 
entities. The factual basis for this determination was published in the 
proposed rule and is not repeated here. NMFS received no comments 
regarding the certification and has not received any new information 
that would affect its determination. As a result, a final regulatory 
flexibility analysis was not required and none was prepared.

List of Subjects in 50 CFR Part 622

    Annual catch limit, Fisheries, Fishing, Gulf of Mexico, Quotas, 
South Atlantic, Spanish mackerel.

    Dated: July 8, 2015.
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. In Sec.  622.385, paragraphs (b)(1) and (2) are revised to read as 
follows:


Sec.  622.385  Commercial trip limits.

* * * * *
    (b) * * *
    (1) Atlantic migratory group. The following trip limits apply to 
vessels for which commercial permits for Spanish mackerel have been 
issued, as required under Sec.  622.370(a)(3).
    (i) Northern zone. Spanish mackerel in or from the EEZ may not be 
possessed on board or landed in a day from a vessel for which a permit 
for Spanish mackerel has been issued, as required under Sec.  
622.370(a)(3), in amounts exceeding 3,500 lb (1,588 kg).
    (ii) Southern zone. Spanish mackerel in or from the EEZ may not be 
possessed on board or landed in a day from a vessel for which a permit 
for Spanish mackerel has been issued, as required under Sec.  
622.370(a)(3)--
    (A) From March 1 until 75 percent of the adjusted quota for the 
southern zone has been reached or is projected to be reached, in 
amounts exceeding 3,500 lb (1,588 kg).
    (B) After 75 percent of the adjusted quota for the southern zone 
has been reached or is projected to be reached, in amounts exceeding 
1,500 lb (680 kg).
    (C) After 100 percent of the adjusted quota for the southern zone 
has been reached or is projected to be reached, and until the end of 
the fishing year or the southern zone's quota has been reached or is 
projected to be reached, in amounts exceeding 500 lb (227 kg). See 
Sec.  622.384(e) for limitations regarding Atlantic migratory group 
Spanish mackerel after the southern zone's quota is reached.
    (2) For the purpose of paragraph (b)(1)(ii) of this section, the 
adjusted quota for the southern zone is 2,417,330 lb (1,096,482 kg). 
The adjusted quota for the southern zone is the quota for the Atlantic 
migratory group Spanish mackerel southern zone reduced by an amount 
calculated to allow continued harvest of Atlantic migratory group 
Spanish mackerel at the rate of 500 lb (227 kg) per vessel per day for 
the remainder of the fishing year after the adjusted quota is reached. 
Total commercial harvest in the southern zone is still subject to the 
southern zone quota and accountability measures. By filing a 
notification with the Office of the Federal Register, the Assistant 
Administrator will announce when 75 percent and 100 percent of the 
adjusted quota are reached or are projected to be reached.
* * * * *
[FR Doc. 2015-17192 Filed 7-13-15; 8:45 am]
 BILLING CODE 3510-22-P

40936 Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Rules and Regulations paragraph (b)(2)(iii), by revising rules, the eligible telecommunications ADDRESSES: Framework Amendment 2 paragraph (c)(1)(ii), by removing carrier must retain the reseller to the FMP, which includes an paragraph (c)(1)(iii), and by adding certification for the three full preceding environmental assessment and a paragraph (c)(2)(iii). calendar years and provide that regulatory impact review, is available The revisions and additions read as documentation to the Commission or from www.regulations.gov or the follows: Administrator upon request. Southeast Regional Office Web site at (c) Non-eligible telecommunications http://sero.nmfs.noaa.gov. § 54.410 Subscriber eligibility carrier resellers that purchased Lifeline determination and certification. FOR FURTHER INFORMATION CONTACT: discounted wholesale services to offer Karla Gore, NMFS Southeast Regional * * * * * discounted services to low-income (b) * * * Office, telephone: 727–824–5305, or consumers prior to the effective date of email: karla.gore@noaa.gov. (1) * * * the rules, must maintain records to (ii) Must securely retain copies of SUPPLEMENTARY INFORMATION: The CMP document compliance with all fishery of the South Atlantic and Gulf of documentation demonstrating a Commission requirements governing the Mexico (Gulf) includes Spanish prospective subscriber’s income-based Lifeline and Tribal Link Up program for mackerel and is managed under the eligibility for Lifeline consistent with the three full preceding calendar years CMP FMP. The FMP was prepared by § 54.417. (2) * * * and provide that documentation to the the Councils and implemented through (iii) An eligible telecommunications Commission or Administrator upon regulations at 50 CFR part 622 under the carrier must securely retain all request. authority of the Magnuson-Stevens information and documentation [FR Doc. 2015–17186 Filed 7–13–15; 8:45 am] Fishery Conservation and Management provided by the state Lifeline BILLING CODE 6712–01–P Act (Magnuson-Stevens Act). administrator or other state agency On April 9, 2015, NMFS published a consistent with § 54.417. proposed rule for the framework action * * * * * DEPARTMENT OF COMMERCE and requested public comment (80 FR (c) * * * 19056). The proposed rule and the (1) * * * National Oceanic and Atmospheric framework action set forth additional (ii) Must securely retain copies of the Administration rationale for the actions contained in documentation demonstrating a this final rule. A summary of the actions subscriber’s program-based eligibility 50 CFR Part 622 implemented by this final rule is for Lifeline services, consistent with [Docket No. 140819687–5583–02] provided below. § 54.417. (2) * * * RIN 0648–BE40 Management Measure Contained in This (iii) An eligible telecommunications Final Rule carrier must securely retain all Fisheries of the Caribbean, Gulf of This final rule modifies the information and documentation Mexico, and South Atlantic; Coastal commercial trip limit system for provided by the state Lifeline Migratory Pelagic Resources in the Atlantic migratory group Spanish administrator or other state agency Gulf of Mexico and Atlantic Region; mackerel. Changes in fishery conditions, consistent with § 54.417. Framework Amendment such as an increase of the commercial * * * * * AGENCY: National Marine Fisheries annual catch limit (ACL), have ■ 8. Revise § 54.417 to read as follows: Service (NMFS), National Oceanic and necessitated modifications to some Atmospheric Administration (NOAA), elements of the trip limit system. § 54.417 Recordkeeping requirements. Commerce. This final rule streamlines the (a) Eligible telecommunications ACTION: Final rule. commercial trip limit system for the carriers must maintain records to Atlantic migratory group Spanish document compliance with all SUMMARY: In this final rule, NMFS mackerel by eliminating the unlimited Commission and state requirements implements management measures weekday Spanish mackerel trip limit in governing the Lifeline and Tribal Link described in Framework Amendment 2 Federal waters off the eastern coast of Up program for the three full preceding to the Fishery Management Plan (FMP) Florida. The final rule retains the calendar years and provide that for the Coastal Migratory Pelagic (CMP) adjusted quota, which provides a buffer documentation to the Commission or Resources in the Gulf of Mexico and to help prevent the commercial sector Administrator upon request. Eligible Atlantic Region (Framework from exceeding the commercial ACL. telecommunications carriers must Amendment 2), as prepared and This final rule establishes a maintain the documentation required in submitted by the South Atlantic and commercial trip limit of 3,500 lb (1,588 §§ 54.404 (b)(11), 54.410(b), 54.410 (c), Gulf of Mexico Fishery Management kg) for Spanish mackerel in Federal 54.410(d), and 54.410(f) for as long as Councils (Councils). This final rule waters offshore of South Carolina, the subscriber receives Lifeline service removes the unlimited commercial trip Georgia, and eastern Florida, which is from that eligible telecommunications limit for Spanish mackerel in Federal the area established as the southern carrier, but for no less than the three full waters off the east coast of Florida that zone by the final rule implementing preceding calendar years. began on weekdays beginning December Amendment 20B to the FMP (80 FR (b) Prior to the effective date of the 1 of each year. The modifications to the 4216, January 27, 2015). When 75 asabaliauskas on DSK5VPTVN1PROD with RULES rules, if an eligible telecommunications commercial trip limit system better fit percent of the adjusted southern zone carrier provides Lifeline discounted the current fishery conditions and catch quota (2,417,330 lb (1,096,482 kg)) is wholesale services to a reseller, it must limits for Atlantic migratory group met or is projected to be met, the obtain a certification from that reseller Spanish mackerel in the southern zone, commercial trip limit will be reduced to that it is complying with all while increasing social and economic 1,500 lb (680 kg). When 100 percent of Commission requirements governing the benefits of the CMP fishery. the adjusted southern zone commercial Lifeline and Tribal Link Up program. DATES: This final rule is effective August quota is met or projected to be met, the Beginning on the effective date of the 13, 2015. commercial trip limit will be reduced to VerDate Sep<11>2014 22:02 Jul 13, 2015 Jkt 235001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\14JYR1.SGM 14JYR1

Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Rules and Regulations 40937 500 lb (227 kg) until the end of the regulatory flexibility analysis was not (A) From March 1 until 75 percent of fishing year or until the southern zone required and none was prepared. the adjusted quota for the southern zone commercial quota is met or is projected has been reached or is projected to be List of Subjects in 50 CFR Part 622 to be met, at which time the commercial reached, in amounts exceeding 3,500 lb sector in the southern zone would be Annual catch limit, Fisheries, Fishing, (1,588 kg). closed to harvest of Spanish mackerel. Gulf of Mexico, Quotas, South Atlantic, Spanish mackerel. (B) After 75 percent of the adjusted The modified system of trip limits quota for the southern zone has been described above would control harvest Dated: July 8, 2015. reached or is projected to be reached, in more effectively. Samuel D. Rauch III, amounts exceeding 1,500 lb (680 kg). Comments and Responses Deputy Assistant Administrator for Regulatory Programs, National Marine (C) After 100 percent of the adjusted NMFS received two comments on the Fisheries Service. quota for the southern zone has been proposed rule, one from a fishing For the reasons set out in the reached or is projected to be reached, organization that expressed support of preamble, 50 CFR part 622 is amended and until the end of the fishing year or the proposed action, and one from a as follows: the southern zone’s quota has been Federal agency that stated it had no reached or is projected to be reached, in comment. NMFS did not receive any PART 622—FISHERIES OF THE amounts exceeding 500 lb (227 kg). See substantive comments on the proposed CARIBBEAN, GULF OF MEXICO, AND § 622.384(e) for limitations regarding rule. SOUTH ATLANTIC Atlantic migratory group Spanish mackerel after the southern zone’s quota Classification ■ 1. The authority citation for part 622 is reached. The Regional Administrator, continues to read as follows: (2) For the purpose of paragraph Southeast Region, NMFS determined Authority: 16 U.S.C. 1801 et seq. (b)(1)(ii) of this section, the adjusted that this final rule is necessary for the ■ 2. In § 622.385, paragraphs (b)(1) and quota for the southern zone is 2,417,330 conservation and management of (2) are revised to read as follows: lb (1,096,482 kg). The adjusted quota for Atlantic migratory group Spanish the southern zone is the quota for the mackerel and is consistent with § 622.385 Commercial trip limits. Atlantic migratory group Spanish Framework Amendment 2, the FMP, the * * * * * mackerel southern zone reduced by an Magnuson-Stevens Act, and other (b) * * * amount calculated to allow continued applicable laws. (1) Atlantic migratory group. The This final rule has been determined to harvest of Atlantic migratory group following trip limits apply to vessels for Spanish mackerel at the rate of 500 lb not be significant for purposes of which commercial permits for Spanish Executive Order 12866. (227 kg) per vessel per day for the mackerel have been issued, as required remainder of the fishing year after the The Chief Counsel for Regulation of under § 622.370(a)(3). the Department of Commerce certified adjusted quota is reached. Total (i) Northern zone. Spanish mackerel to the Chief Counsel for Advocacy of the commercial harvest in the southern in or from the EEZ may not be possessed Small Business Administration during zone is still subject to the southern zone on board or landed in a day from a the proposed rule stage that this rule quota and accountability measures. By vessel for which a permit for Spanish would not have a significant economic filing a notification with the Office of mackerel has been issued, as required impact on a substantial number of small the Federal Register, the Assistant under § 622.370(a)(3), in amounts entities. The factual basis for this Administrator will announce when 75 exceeding 3,500 lb (1,588 kg). determination was published in the (ii) Southern zone. Spanish mackerel percent and 100 percent of the adjusted proposed rule and is not repeated here. in or from the EEZ may not be possessed quota are reached or are projected to be NMFS received no comments regarding on board or landed in a day from a reached. the certification and has not received vessel for which a permit for Spanish * * * * * any new information that would affect mackerel has been issued, as required [FR Doc. 2015–17192 Filed 7–13–15; 8:45 am] its determination. As a result, a final under § 622.370(a)(3)— BILLING CODE 3510–22–P asabaliauskas on DSK5VPTVN1PROD with RULES VerDate Sep<11>2014 22:02 Jul 13, 2015 Jkt 235001 PO 00000 Frm 00043 Fmt 4700 Sfmt 9990 E:\FR\FM\14JYR1.SGM 14JYR1


Document Created: 2018-02-23 09:19:27
Document Modified: 2018-02-23 09:19:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective August 13, 2015.
ContactKarla Gore, NMFS Southeast Regional Office, telephone: 727-824-5305, or email: [email protected]
FR Citation80 FR 40936 
RIN Number0648-BE40
CFR AssociatedAnnual Catch Limit; Fisheries; Fishing; Gulf of Mexico; Quotas; South Atlantic and Spanish Mackerel
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