80 FR 60565 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coral, Coral Reefs, and Live/Hard Bottom Habitats of the South Atlantic Region; Amendment 8; Correction

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 194 (October 7, 2015)

NMFS corrects the final rule that implemented management measures described in Amendment 8 to the Fishery Management Plan for Coral, Coral Reefs, and Live/Hard Bottom Habitats of the South Atlantic Region (FMP)(Amendment 8), which published in the Federal Register on July 17, 2015. The Amendment 8 final rule contained some incorrect waypoints for the Oculina Bank Habitat Area of Particular Concern (HAPC)(Oculina Bank HAPC) as well as incorrect language regarding the gear stowage requirements for vessels with rock shrimp onboard transiting through the Oculina Bank HAPC. The purpose of this correcting amendment is to fix these errors.

[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Rules and Regulations]
[Pages 60565-60566]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25488]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 150626556-5886-02]
RIN 0648-BD81


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coral, Coral Reefs, and Live/Hard Bottom Habitats of the South Atlantic 
Region; Amendment 8; Correction

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

ACTION: Final rule; correcting amendment.

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SUMMARY: NMFS corrects the final rule that implemented management 
measures described in Amendment 8 to the Fishery Management Plan for 
Coral, Coral Reefs, and Live/Hard Bottom Habitats of the South Atlantic 
Region (FMP)(Amendment 8), which published in the Federal Register on 
July 17, 2015. The Amendment 8 final rule contained some incorrect 
waypoints for the Oculina Bank Habitat Area of Particular Concern 
(HAPC)(Oculina Bank HAPC) as well as incorrect language regarding the 
gear stowage requirements for vessels with rock shrimp onboard 
transiting through the Oculina Bank HAPC. The purpose of this 
correcting amendment is to fix these errors.

DATES: This correction is effective October 7, 2015.

FOR FURTHER INFORMATION CONTACT: Karla Gore, 727-824-5305; email: 
[email protected].

SUPPLEMENTARY INFORMATION: On July 17, 2015, NMFS published a final 
rule in the Federal Register (80 FR 42423) to implement provisions for 
Amendment 8, that expands portions of the northern and western 
boundaries of the Oculina Bank HAPC and allows transit through the 
Oculina Bank HAPC by fishing vessels with rock shrimp onboard; modifies 
vessel monitoring systems (VMS) requirements for rock shrimp fishermen 
transiting through the Oculina Bank HAPC; expands a portion of the 
western boundary of the Stetson Reefs, Savannah and East Florida 
Lithotherms, and Miami Terrace Deepwater Coral HAPC (Stetson-Miami 
Terrace CHAPC), including modifications to shrimp access area 1; and 
expands a portion of the northern boundary of the Cape Lookout CHAPC. 
The purpose of the final rule is to increase protection for deepwater 
coral based on new information for deepwater coral resources in the 
South Atlantic. The final rule was effective August 17, 2015.
    The regulatory text in the Amendment 8 final rule in Sec.  
622.224(b)(1) contains three waypoints that were incorrectly listed for 
describing the Oculina Bank HAPC. These waypoints were correctly 
identified in Amendment 8 but were incorrectly converted to the 
coordinate format used for the proposed and final rules for Amendment 
8. The incorrect waypoints are the origin point and points 7 and 8 for 
the Oculina Bank HAPC.
    Additionally, the proposed and final rules for Amendment 8 
incorrectly described the gear stowage provisions for vessels 
transiting the Oculina Bank HAPC with rock shrimp onboard. The 
regulatory text in the Amendment 8 final rule in Sec.  
622.224(b)(1)(i)(C) states that appropriate stowage for shrimp trawl 
fishing gear includes the trawl doors and nets being out of the water 
and onboard the vessel deck or below deck. However, as described in the 
Amendment 8, the correct gear stowage for the trawl doors and nets is 
to have the doors and nets out of the water. Requiring the trawl doors 
and nets to be on deck was contrary to the intent of the South Atlantic 
Fishery Management Council (Council) and not consistent with Amendment 
8.
    This notification corrects the table in Sec.  622.224(b)(1) with 
the correct coordinates and corrects the gear stowage language in Sec.  
622.224(b)(1)(i)(C) by incorporating the necessary language from 
Amendment 8 back into the regulations.

Correction

    As published, the final rule for Amendment 8, published on July 17, 
2015 (80 FR 42423), incorrectly listed three waypoints for the Oculina 
Bank HAPC and incorrectly described gear stowage language for vessels 
transiting the area. Coordinates are added to Sec.  622.224(b)(1) and 
language is revised in Sec.  622.224(b)(1)(i)(C) to correct these 
errors.

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
that this correcting amendment is necessary for the

[[Page 60566]]

conservation and management of South Atlantic coral resources and is 
consistent with Amendment 8, the FMP, the Magnuson-Stevens Fishery 
Conservation and Management Act, and other applicable law.
    This correcting amendment has been determined to be not significant 
under Executive Order 12866.
    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for 
Fisheries, NOAA, finds good cause to waive prior notice and opportunity 
for additional public comment for this action because it would be 
impracticable and contrary to the public interest. This correcting 
amendment corrects the positions for the Oculina Bank HAPC and the 
associated gear stowage provisions that were incorrectly described in 
the final rule. Providing prior notice and opportunity for public 
comment is contrary to the public interest because not correcting the 
waypoints will cause confusion among the affected fishers and will not 
properly protect the Oculina Bank HAPC. With regard to the gear stowage 
requirements, not correcting these regulations will require fishers to 
comply with gear stowage methods that are not those recommended by the 
Council. The Council developed the gear stowage requirements in 
coordination with the affected fishers and these stowage requirements 
represent a safer approach for these fishers given the offshore 
conditions they may encounter. It would be impracticable to subject 
this action to notice and comment because the provisions of Amendment 8 
are currently in effect and any delay in implementation of this rule 
would further any confusion that exists on the location of the 
waypoints and the gear stowage requirements.
    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 this rule is not 
implemented immediately, it would cause confusion among the affected 
fishers of the location of the waypoints for Oculina Bank HAPC, would 
result in inadequate protection of the Oculina Bank HAPC, and require 
fishers to comply with gear stowage methods that were not recommended 
by the Council.
    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

    Coral, Coral Reefs, Fisheries, Fishing, HAPC, Shrimp, South 
Atlantic.

    Dated: September 30, 2015.
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 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.  622.224, entries 7 and 8 in the table in paragraph (b)(1) 
and paragraph (b)(1)(i)(C) are revised to read as follows:


Sec.  622.224  Area closures to protect South Atlantic corals.

* * * * *
    (b) * * *
    (1) * * *

------------------------------------------------------------------------
        Point                North lat.                West long.
------------------------------------------------------------------------
 
                                * * * * *
7...................  28[deg]56'01.86''         80[deg]08'53.64''
8...................  28[deg]52'44.40''         80[deg]08'53.04''
 
                                * * * * *
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* * * * *
    (i) * * *
    (C) Fish for or possess rock shrimp in or from the Oculina Bank 
HAPC, except a shrimp vessel with a valid commercial vessel permit for 
rock shrimp that possesses rock shrimp may transit through the Oculina 
Bank HAPC if fishing gear is appropriately stowed. For the purpose of 
this paragraph, transit means a direct and non-stop continuous course 
through the area, maintaining a minimum speed of five knots as 
determined by an operating VMS and a VMS minimum ping rate of 1 ping 
per 5 minutes; fishing gear appropriately stowed means that doors and 
nets are out of the water.
* * * * *
[FR Doc. 2015-25488 Filed 10-6-15; 8:45 am]
 BILLING CODE 3510-22-P