80 FR 58219 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management Measures; Correction

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 187 (September 28, 2015)

Page Range		58219-58220
FR Document		2015-24577

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 May 1, 2015. The framework final rule published shortly after the final rule for Amendment 40 to the FMP and not all of the regulatory text implemented by the Amendment 40 final rule was incorporated into the final rule for the framework amendment. Specifically, the express references to the red snapper component quotas, annual catch targets (ACTs), and seasons lengths were left out of the final rule for the framework amendment. The purpose of this correcting amendment is to fix the error by reinstating the omitted regulatory text.

Federal Register, Volume 80 Issue 187 (Monday, September 28, 2015)

[Federal Register Volume 80, Number 187 (Monday, September 28, 2015)]
[Rules and Regulations]
[Pages 58219-58220]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24577]



[[Page 58219]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 150226189-5859-03]
RIN 0648-BE91


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management 
Measures; 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 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 May 1, 2015. The framework final 
rule published shortly after the final rule for Amendment 40 to the FMP 
and not all of the regulatory text implemented by the Amendment 40 
final rule was incorporated into the final rule for the framework 
amendment. Specifically, the express references to the red snapper 
component quotas, annual catch targets (ACTs), and seasons lengths were 
left out of the final rule for the framework amendment. The purpose of 
this correcting amendment is to fix the error by reinstating the 
omitted regulatory text.

DATES: This correction is effective September 28, 2015.

FOR FURTHER INFORMATION CONTACT: Cynthia Meyer, telephone 727-824-5305; 
email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The final rule for Amendment 40 to the FMP published on April 22, 
2015 (80 FR 22422), and established two components within the 
recreational sector for Gulf of Mexico (Gulf) red snapper (a Federal 
charter vessel/headboat (for-hire) component and a private angling 
component), allocated the red snapper recreational quota between the 
components, established recreational component ACTs, established 
separate seasonal closures for the two components, and established 
component specific overage adjustments the year following an overage of 
the total recreational annual catch limit (ACL).
    The final rule for the framework amendment published on May 1, 
2015, and increased the commercial and recreational quotas for red 
snapper in the Gulf reef fish fishery for the 2015, 2016, and 2017 
fishing years, and subsequent fishing years (80 FR 24832). This rule 
did not change the structure of the separate components quotas and ACTs 
that were implemented in the Amendment 40 final rule.
    The regulatory text in the Amendment 40 final rule in Sec.  
622.41(q)(2)(i) and (ii), that expressly referred to component specific 
seasons and overage adjustments the year following an overage of the 
total recreational ACL, was not carried over into the final rule for 
the framework amendment. This notification corrects Sec.  
622.41(q)(2)(i) and (ii) by adding the necessary language from the 
Amendment 40 final rule back into the regulations.

Correction

    As published, the final rule for the framework amendment, published 
May 1, 2015 (80 FR 24832), did not reflect the regulatory text 
implemented by the final rule for Amendment 40, published April 22, 
2015 (80 FR 22422). Language is added to Sec.  622.41(q)(2)(i) and (ii) 
to correct that omission.

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
that this correcting amendment is necessary for the conservation and 
management of Gulf red snapper and is consistent with Amendment 40, the 
framework amendment, the FMP, the Magnuson-Stevens Fishery Conservation 
and Management 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 Assistant Administrator for 
Fisheries, NOAA, finds good cause to waive prior notice and opportunity 
for additional public comment for this action because it would be 
unnecessary and contrary to the public interest. Providing prior notice 
and the opportunity for public comment is unnecessary because the 
public received notice and an opportunity to comment on the proposed 
rules for the framework amendment and Amendment 40 and the final rule 
for Amendment 40 included this regulatory text. This correcting 
amendment reinstates the regulatory text that was inadvertently omitted 
from the final rule for the framework action that published on May 1, 
2015 (80 FR 24832). If the rule was delayed to allow for prior notice 
and opportunity for public comment, it would cause confusion because 
the public believes that the omitted text is already included in the 
regulations.
    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. If the rule was delayed 
to allow for the 30-day delay in effectiveness, it would continue to 
cause confusion because the public believes that the omitted text is 
already included in the regulations.
    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

    Commercial, Fisheries, Fishing, Gulf of Mexico, Quotas, 
Recreational, Red snapper.

    Dated: September 21, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    Accordingly, 50 CFR part 622 is corrected by making the following 
correcting amendments:

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.  622.41, paragraphs (q)(2)(i) and (ii) are revised to read 
as follows:


Sec.  622.41  Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

* * * * *
    (q) * * *
    (2) * * *
    (i) The AA will determine the length of the red snapper 
recreational fishing season, or recreational fishing seasons for the 
Federal charter vessel/headboat and private angling components, based 
on when recreational landings are projected to reach the recreational 
ACT, or respective recreational component ACT specified in paragraph 
(q)(2)(iii) of this section, and announce the closure date(s) in the 
Federal Register. These seasons will serve as in-season accountability 
measures. On and after the effective date of the recreational

[[Page 58220]]

closure or recreational component closure notifications, the bag and 
possession limit for red snapper or for the respective component is 
zero. When the recreational sector or Federal charter vessel/headboat 
component is closed, this bag and possession limit applies in the Gulf 
on board a vessel for which a valid Federal charter vessel/headboat 
permit for Gulf reef fish has been issued, without regard to where such 
species were harvested, i.e., in state or Federal waters.
    (ii) In addition to the measures specified in paragraph (q)(2)(i) 
of this section, if red snapper recreational landings, as estimated by 
the SRD, exceed the total recreational quota specified in Sec.  
622.39(a)(2)(i)(A), and red snapper are overfished, based on the most 
recent Status of U.S. Fisheries Report to Congress, the AA will file a 
notification with the Office of the Federal Register to reduce the 
total recreational quota by the amount of the quota overage in the 
prior fishing year, and reduce the applicable recreational component 
quota(s) specified in Sec.  622.39(a)(2)(i)(B) and (C) and the 
applicable recreational component ACT(s) specified in paragraph 
(q)(2)(iii) of this section (based on the buffer between the total 
recreational ACT and the total recreational quota specified in the 
FMP), unless NMFS determines based upon the best scientific information 
available that a greater, lesser, or no overage adjustment is 
necessary.
* * * * *
[FR Doc. 2015-24577 Filed 9-25-15; 8:45 am]
 BILLING CODE 3510-22-P

Federal Register / Vol. 80, No. 187 / Monday, September 28, 2015 / Rules and Regulations 58219

DEPARTMENT OF COMMERCE total recreational annual catch limit that published on May 1, 2015 (80 FR
(ACL). 24832). If the rule was delayed to allow
National Oceanic and Atmospheric The final rule for the framework for prior notice and opportunity for
Administration amendment published on May 1, 2015, public comment, it would cause
and increased the commercial and confusion because the public believes
50 CFR Part 622 recreational quotas for red snapper in that the omitted text is already included
the Gulf reef fish fishery for the 2015, in the regulations.
[Docket No. 150226189–5859–03] 2016, and 2017 fishing years, and For the same reasons, the Assistant
RIN 0648–BE91 subsequent fishing years (80 FR 24832). Administrator also finds good cause,
This rule did not change the structure pursuant to 5 U.S.C. 553(d), to waive the
Fisheries of the Caribbean, Gulf of of the separate components quotas and 30-day delay in effective date for this
Mexico, and South Atlantic; Reef Fish ACTs that were implemented in the correcting amendment. If the rule was
Fishery of the Gulf of Mexico; Red Amendment 40 final rule. delayed to allow for the 30-day delay in
Snapper Management Measures; The regulatory text in the Amendment effectiveness, it would continue to cause
Correction 40 final rule in § 622.41(q)(2)(i) and (ii), confusion because the public believes
that expressly referred to component that the omitted text is already included
AGENCY: National Marine Fisheries specific seasons and overage in the regulations.
Service (NMFS), National Oceanic and adjustments the year following an Because prior notice and opportunity
Atmospheric Administration (NOAA), overage of the total recreational ACL, for public comment are not required for
Commerce. was not carried over into the final rule this rule by 5 U.S.C. 553, or any other
ACTION: Final rule; correcting for the framework amendment. This law, the analytical requirements of the
amendment. notification corrects § 622.41(q)(2)(i) Regulatory Flexibility Act, 5 U.S.C. 601
and (ii) by adding the necessary et seq., are inapplicable. Accordingly,
SUMMARY: NMFS corrects the final rule language from the Amendment 40 final no Regulatory Flexibility Analysis is
that implemented management rule back into the regulations. required and none has been prepared.
measures described in a framework
action to the Fishery Management Plan Correction List of Subjects in 50 CFR Part 622
for the Reef Fish Resources of the Gulf As published, the final rule for the Commercial, Fisheries, Fishing, Gulf
of Mexico (FMP), which published in framework amendment, published May of Mexico, Quotas, Recreational, Red
the Federal Register on May 1, 2015. 1, 2015 (80 FR 24832), did not reflect snapper.
The framework final rule published the regulatory text implemented by the Dated: September 21, 2015.
shortly after the final rule for final rule for Amendment 40, published
Eileen Sobeck,
Amendment 40 to the FMP and not all April 22, 2015 (80 FR 22422). Language
of the regulatory text implemented by is added to § 622.41(q)(2)(i) and (ii) to Assistant Administrator for Fisheries,
National Marine Fisheries Service.
the Amendment 40 final rule was correct that omission.
incorporated into the final rule for the Accordingly, 50 CFR part 622 is
Classification corrected by making the following
framework amendment. Specifically, the
express references to the red snapper The Regional Administrator, correcting amendments:
component quotas, annual catch targets Southeast Region, NMFS has
(ACTs), and seasons lengths were left determined that this correcting PART 622—FISHERIES OF THE
out of the final rule for the framework amendment is necessary for the CARIBBEAN, GULF OF MEXICO, AND
amendment. The purpose of this conservation and management of Gulf SOUTH ATLANTIC
correcting amendment is to fix the error red snapper and is consistent with
Amendment 40, the framework ■ 1. The authority citation for part 622
by reinstating the omitted regulatory
amendment, the FMP, the Magnuson- continues to read as follows:
text.
Stevens Fishery Conservation and Authority: 16 U.S.C. 1801 et seq.
DATES:This correction is effective
Management Act, and other applicable
September 28, 2015. ■ 2. In § 622.41, paragraphs (q)(2)(i) and
law.
FOR FURTHER INFORMATION CONTACT: (ii) are revised to read as follows:
This final rule has been determined to
Cynthia Meyer, telephone 727–824– be not significant under Executive Order § 622.41 Annual catch limits (ACLs),
5305; email: Cynthia.Meyer@noaa.gov. 12866. annual catch targets (ACTs), and
SUPPLEMENTARY INFORMATION: Pursuant to 5 U.S.C. 553(b)(B), the accountability measures (AMs).
Assistant Administrator for Fisheries, * * * * *
Background NOAA, finds good cause to waive prior (q) * * *
The final rule for Amendment 40 to notice and opportunity for additional (2) * * *
the FMP published on April 22, 2015 public comment for this action because (i) The AA will determine the length
(80 FR 22422), and established two it would be unnecessary and contrary to of the red snapper recreational fishing
components within the recreational the public interest. Providing prior season, or recreational fishing seasons
sector for Gulf of Mexico (Gulf) red notice and the opportunity for public for the Federal charter vessel/headboat
snapper (a Federal charter vessel/ comment is unnecessary because the and private angling components, based
headboat (for-hire) component and a public received notice and an on when recreational landings are
private angling component), allocated opportunity to comment on the projected to reach the recreational ACT,
the red snapper recreational quota proposed rules for the framework or respective recreational component
tkelley on DSK3SPTVN1PROD with RULES

between the components, established amendment and Amendment 40 and the ACT specified in paragraph (q)(2)(iii) of
recreational component ACTs, final rule for Amendment 40 included this section, and announce the closure
established separate seasonal closures this regulatory text. This correcting date(s) in the Federal Register. These
for the two components, and established amendment reinstates the regulatory seasons will serve as in-season
component specific overage adjustments text that was inadvertently omitted from accountability measures. On and after
the year following an overage of the the final rule for the framework action the effective date of the recreational

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58220 Federal Register / Vol. 80, No. 187 / Monday, September 28, 2015 / Rules and Regulations

closure or recreational component DEPARTMENT OF COMMERCE authority of the Magnuson-Stevens
closure notifications, the bag and Fishery Conservation and Management
possession limit for red snapper or for National Oceanic and Atmospheric Act. Regulations governing fishing by
the respective component is zero. When Administration U.S. vessels in accordance with the FMP
the recreational sector or Federal charter appear at subpart H of 50 CFR part 600
vessel/headboat component is closed, 50 CFR Part 679 and 50 CFR part 679.
this bag and possession limit applies in [Docket No. 141021887–5172–02] The 2015 flathead sole, rock sole, and
the Gulf on board a vessel for which a yellowfin sole Amendment 80
valid Federal charter vessel/headboat RIN 0648–XE210
allocations of the total allowable catch
permit for Gulf reef fish has been issued, Fisheries of the Exclusive Economic (TAC) specified in the BSAI are 16,655
without regard to where such species Zone Off Alaska; Exchange of Flatfish metric tons (mt), 53,840 mt, and 111,892
were harvested, i.e., in state or Federal in the Bering Sea and Aleutian Islands mt as established by the final 2015 and
waters. Management Area 2016 harvest specifications for
(ii) In addition to the measures groundfish in the BSAI (80 FR 11919,
AGENCY: National Marine Fisheries
specified in paragraph (q)(2)(i) of this March 5, 2015). The 2015 flathead sole,
Service (NMFS), National Oceanic and
section, if red snapper recreational rock sole, and yellowfin sole
Atmospheric Administration (NOAA),
landings, as estimated by the SRD, Amendment 80 ABC reserves are 37,399
Commerce.
exceed the total recreational quota mt, 100,418 mt, and 89,121 mt as
ACTION: Temporary rule; reallocation.
specified in § 622.39(a)(2)(i)(A), and red established by the final 2015 and 2016
snapper are overfished, based on the SUMMARY: NMFS is exchanging harvest specifications for groundfish in
most recent Status of U.S. Fisheries allocations of Amendment 80 the BSAI (80 FR 11919, March 5, 2015).
Report to Congress, the AA will file a cooperative quota (CQ) for Amendment The Alaska Seafood cooperative has
notification with the Office of the 80 acceptable biological catch (ABC) requested that NMFS exchange 5,620 mt
Federal Register to reduce the total reserves. This action is necessary to of flathead sole and 1,450 mt of rock
recreational quota by the amount of the allow the 2015 total allowable catch of sole Amendment 80 allocations of the
quota overage in the prior fishing year, flathead sole, rock sole, and yellowfin TAC for 7,070 mt of yellowfin sole
and reduce the applicable recreational sole in the Bering Sea and Aleutian Amendment 80 ABC reserves under
component quota(s) specified in Islands management area to be § 679.91(i). Therefore, in accordance
§ 622.39(a)(2)(i)(B) and (C) and the harvested. with § 679.91(i), NMFS exchanges 5,620
applicable recreational component DATES: Effective September 28, 2015, mt of flathead sole and 1,450 mt of rock
ACT(s) specified in paragraph (q)(2)(iii) through December 31, 2015. sole Amendment 80 allocations of the
of this section (based on the buffer FOR FURTHER INFORMATION CONTACT: TAC for 7,070 mt of yellowfin sole
between the total recreational ACT and Steve Whitney, 907–586–7228. Amendment 80 ABC reserves in the
the total recreational quota specified in BSAI. This action also decreases and
SUPPLEMENTARY INFORMATION: NMFS
the FMP), unless NMFS determines manages the groundfish fishery in the increases the TACs and Amendment 80
based upon the best scientific Bering Sea and Aleutian Islands ABC reserves by the corresponding
information available that a greater, management area (BSAI) according to amounts. Tables 11 and 13 of the final
lesser, or no overage adjustment is the Fishery Management Plan for 2015 and 2016 harvest specifications for
necessary. Groundfish of the Bering Sea and groundfish in the BSAI (80 FR 11919,
* * * * * Aleutian Islands Management Area March 5, 2015) and as revised (80 FR
[FR Doc. 2015–24577 Filed 9–25–15; 8:45 am] (FMP) prepared by the North Pacific 55562, September 16, 2015) are further
BILLING CODE 3510–22–P Fishery Management Council under revised as follows:

TABLE 11—FINAL 2015 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH AMOUNTS (ICAS), AND
AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI FLATHEAD SOLE, ROCK
SOLE, AND YELLOWFIN SOLE TACS
[Amounts are in metric tons]

Pacific ocean perch Flathead sole Rock sole Yellowfin sole

Sector Eastern Central Western
Aleutian Aleutian Aleutian BSAI BSAI BSAI
district district district

TAC .......................................................... 8,000 7,000 9,000 18,355 67,475 156,670
CDQ ......................................................... 856 749 963 2,320 7,085 16,543
ICA ........................................................... 100 75 10 5,000 8,000 5,000
BSAI trawl limited access ........................ 704 618 161 0 0 16,165
Amendment 80 ......................................... 6,340 5,558 7,866 11,035 52,390 118,962
Alaska Groundfish Cooperative ............... 3,362 2,947 4,171 1,708 13,318 44,455
Alaska Seafood Cooperative ................... 2,978 2,611 3,695 9,327 39,072 74,507
tkelley on DSK3SPTVN1PROD with RULES

Note: Sector apportionments may not total precisely due to rounding.

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Document Created: 2018-02-26 10:21:52
Document Modified: 2018-02-26 10:21:52

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; correcting amendment.
Dates		This correction is effective September 28, 2015.
Contact		Cynthia Meyer, telephone 727-824-5305; email: [email protected]
FR Citation		80 FR 58219
RIN Number		0648-BE91
CFR Associated		Commercial; Fisheries; Fishing; Gulf of Mexico; Quotas; Recreational and Red Snapper

80 FR 58219 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management Measures; Correction

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 187 (September 28, 2015)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration