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)

Page Range		60565-60566
FR Document		2015-25488

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 Issue 194 (Wednesday, October 7, 2015)

[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.

-----------------------------------------------------------------------

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''
 
                                * * * * *
------------------------------------------------------------------------

* * * * *
    (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

Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Rules and Regulations 60565

Species 1
Citation(s) for listing Critical ESA rules
Description of listed determination(s) habitat
Common name Scientific name entity

* * * * * * *

MOLLUSCS

* * * * * * *

CORALS

Coral, [no common name] ..... Cantharellus noumeae Entire species ......... [Insert Federal Register cita- NA NA
tion and date].
Coral, [no common name] ..... Siderastrea glynni ........ Entire species ......... [Insert Federal Register cita- NA NA
tion and date].
Coral, [no common name] ..... Tubastraea floreana .... Entire species ......... [Insert Federal Register cita- NA NA.
tion and date].
1 Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7,
1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991).
2 Jurisdiction for sea turtles by the Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries
Service, is limited to turtles while in the water.

* * * * * DATES:This correction is effective Additionally, the proposed and final
[FR Doc. 2015–25484 Filed 10–6–15; 8:45 am] October 7, 2015. rules for Amendment 8 incorrectly
BILLING CODE 3510–22–P
FOR FURTHER INFORMATION CONTACT:
described the gear stowage provisions
Karla Gore, 727–824–5305; email: for vessels transiting the Oculina Bank
karla.gore@noaa.gov. HAPC with rock shrimp onboard. The
DEPARTMENT OF COMMERCE regulatory text in the Amendment 8
SUPPLEMENTARY INFORMATION: On July final rule in § 622.224(b)(1)(i)(C) states
National Oceanic and Atmospheric 17, 2015, NMFS published a final rule that appropriate stowage for shrimp
Administration in the Federal Register (80 FR 42423) to trawl fishing gear includes the trawl
implement provisions for Amendment doors and nets being out of the water
50 CFR Part 622 8, that expands portions of the northern and onboard the vessel deck or below
[Docket No. 150626556–5886–02] and western boundaries of the Oculina deck. However, as described in the
Bank HAPC and allows transit through Amendment 8, the correct gear stowage
RIN 0648–BD81 the Oculina Bank HAPC by fishing for the trawl doors and nets is to have
vessels with rock shrimp onboard; the doors and nets out of the water.
Fisheries of the Caribbean, Gulf of modifies vessel monitoring systems
Mexico, and South Atlantic; Coral, Requiring the trawl doors and nets to be
(VMS) requirements for rock shrimp on deck was contrary to the intent of the
Coral Reefs, and Live/Hard Bottom fishermen transiting through the
Habitats of the South Atlantic Region; South Atlantic Fishery Management
Oculina Bank HAPC; expands a portion Council (Council) and not consistent
Amendment 8; Correction of the western boundary of the Stetson with Amendment 8.
AGENCY: National Marine Fisheries Reefs, Savannah and East Florida This notification corrects the table in
Service (NMFS), National Oceanic and Lithotherms, and Miami Terrace § 622.224(b)(1) with the correct
Atmospheric Administration (NOAA), Deepwater Coral HAPC (Stetson-Miami coordinates and corrects the gear
Commerce. Terrace CHAPC), including stowage language in § 622.224(b)(1)(i)(C)
ACTION: Final rule; correcting
modifications to shrimp access area 1; by incorporating the necessary language
amendment. and expands a portion of the northern from Amendment 8 back into the
boundary of the Cape Lookout CHAPC. regulations.
SUMMARY: NMFS corrects the final rule The purpose of the final rule is to
that implemented management increase protection for deepwater coral Correction
measures described in Amendment 8 to based on new information for deepwater As published, the final rule for
the Fishery Management Plan for Coral, coral resources in the South Atlantic. Amendment 8, published on July 17,
Coral Reefs, and Live/Hard Bottom The final rule was effective August 17, 2015 (80 FR 42423), incorrectly listed
Habitats of the South Atlantic Region 2015. three waypoints for the Oculina Bank
(FMP)(Amendment 8), which published The regulatory text in the Amendment HAPC and incorrectly described gear
in the Federal Register on July 17, 2015. 8 final rule in § 622.224(b)(1) contains stowage language for vessels transiting
The Amendment 8 final rule contained three waypoints that were incorrectly the area. Coordinates are added to
some incorrect waypoints for the listed for describing the Oculina Bank § 622.224(b)(1) and language is revised
asabaliauskas on DSK5VPTVN1PROD with RULES

Oculina Bank Habitat Area of Particular HAPC. These waypoints were correctly in § 622.224(b)(1)(i)(C) to correct these
Concern (HAPC)(Oculina Bank HAPC) identified in Amendment 8 but were errors.
as well as incorrect language regarding incorrectly converted to the coordinate
the gear stowage requirements for format used for the proposed and final Classification
vessels with rock shrimp onboard rules for Amendment 8. The incorrect The Regional Administrator,
transiting through the Oculina Bank waypoints are the origin point and Southeast Region, NMFS has
HAPC. The purpose of this correcting points 7 and 8 for the Oculina Bank determined that this correcting
amendment is to fix these errors. HAPC. amendment is necessary for the

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60566 Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Rules and Regulations

conservation and management of South List of Subjects in 50 CFR Part 622 DEPARTMENT OF COMMERCE
Atlantic coral resources and is
consistent with Amendment 8, the FMP, Coral, Coral Reefs, Fisheries, Fishing, National Oceanic and Atmospheric
the Magnuson-Stevens Fishery HAPC, Shrimp, South Atlantic. Administration
Conservation and Management Act, and Dated: September 30, 2015.
other applicable law. Samuel D. Rauch III,
50 CFR Part 635
This correcting amendment has been Deputy Assistant Administrator for [Docket No. 150727647–5877–01]
determined to be not significant under Regulatory Programs, National Marine
Executive Order 12866. Fisheries Service. RIN 0648–BF30
Pursuant to 5 U.S.C. 553(b)(B), the Accordingly, 50 CFR part 622 is Atlantic Highly Migratory Species;
Assistant Administrator for Fisheries, corrected by making the following Technical Amendment to Regulations
NOAA, finds good cause to waive prior
correcting amendments: AGENCY: National Marine Fisheries
notice and opportunity for additional
public comment for this action because Service (NMFS), National Oceanic and
PART 622—FISHERIES OF THE
it would be impracticable and contrary Atmospheric Administration (NOAA),
CARIBBEAN, GULF OF MEXICO, AND
to the public interest. This correcting Commerce.
SOUTH ATLANTIC
amendment corrects the positions for ACTION: Final rule; technical
the Oculina Bank HAPC and the amendments.
associated gear stowage provisions that ■ 1. The authority citation for part 622
were incorrectly described in the final continues to read as follows: SUMMARY: NMFS is hereby making
rule. Providing prior notice and technical amendments to the regulations
Authority: 16 U.S.C. 1801 et seq.
opportunity for public comment is for Atlantic highly migratory species—
contrary to the public interest because ■ 2. In § 622.224, entries 7 and 8 in the specifically, to several restricted fishing
not correcting the waypoints will cause table in paragraph (b)(1) and paragraph areas—without altering the substance of
confusion among the affected fishers (b)(1)(i)(C) are revised to read as follows: the regulations. Also, this action re-
and will not properly protect the inserts the longstanding statutorily
Oculina Bank HAPC. With regard to the § 622.224 Area closures to protect South required limit on length of gillnets that
gear stowage requirements, not Atlantic corals. was erroneously removed from the
correcting these regulations will require * * * * * regulations in late 2012, and corrects the
fishers to comply with gear stowage (b) * * * end date of the Spring Gulf of Mexico
methods that are not those gear restricted areas from May 30 to May
(1) * * * 31. These changes will make the cross-
recommended by the Council. The
Council developed the gear stowage references in regulations accurate, the
Point North lat. West long. gillnet length limit consistent with
requirements in coordination with the
affected fishers and these stowage statutory requirements, and the dates on
requirements represent a safer approach restrictions consistent with the
* * * * *
for these fishers given the offshore supporting analyses and management
7 ............. 28°56′01.86″ 80°08′53.64″
conditions they may encounter. It 8 ............. 28°52′44.40″ 80°08′53.04″
goals. The rule is administrative in
would be impracticable to subject this nature and does not make any change
action to notice and comment because * * * * *
with substantive effect to the regulations
the provisions of Amendment 8 are governing Atlantic highly migratory
currently in effect and any delay in * * * * * species (HMS) fisheries.
implementation of this rule would DATES: This final rule is effective on
further any confusion that exists on the (i) * * * October 7, 2015.
location of the waypoints and the gear (C) Fish for or possess rock shrimp in ADDRESSES: Copies of other documents
stowage requirements. or from the Oculina Bank HAPC, except relevant to this rule are available from
For the same reasons, the Assistant a shrimp vessel with a valid commercial the HMS Management Division Web site
Administrator also finds good cause, vessel permit for rock shrimp that at http://www.nmfs.noaa.gov/sfa/hms/
pursuant to 5 U.S.C. 553(d), to waive the possesses rock shrimp may transit or upon request from the Atlantic HMS
30-day delay in effective date for this through the Oculina Bank HAPC if Management Division at 1315 East-West
correcting amendment. If this rule is not fishing gear is appropriately stowed. For Highway, Silver Spring, MD 20910.
implemented immediately, it would the purpose of this paragraph, transit FOR FURTHER INFORMATION CONTACT:
cause confusion among the affected means a direct and non-stop continuous Andrew Rubin or Karyl Brewster-Geisz
fishers of the location of the waypoints course through the area, maintaining a by phone at 301–427–8503.
for Oculina Bank HAPC, would result in minimum speed of five knots as SUPPLEMENTARY INFORMATION: Atlantic
inadequate protection of the Oculina determined by an operating VMS and a HMS are managed under the dual
Bank HAPC, and require fishers to VMS minimum ping rate of 1 ping per authority of the Magnuson-Stevens
comply with gear stowage methods that 5 minutes; fishing gear appropriately Fishery Conservation and Management
were not recommended by the Council. stowed means that doors and nets are Act, 16 U.S.C. 1801 et seq., (Magnuson-
asabaliauskas on DSK5VPTVN1PROD with RULES

Because prior notice and opportunity out of the water. Stevens Act) and the Atlantic Tunas
for public comment are not required for * * * * * Convention Act, 16 U.S.C. 971 et seq.,
this rule by 5 U.S.C. 553, or any other [FR Doc. 2015–25488 Filed 10–6–15; 8:45 am] (ATCA). The authority to issue
law, the analytical requirements of the BILLING CODE 3510–22–P regulations under the Magnuson-
Regulatory Flexibility Act, 5 U.S.C. 601 Stevens Act and ATCA has been
et seq., are inapplicable. Accordingly, delegated from the Secretary of
no Regulatory Flexibility Analysis is Commerce to the NOAA Assistant
required and none has been prepared. Administrator for Fisheries (AA). On

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Document Created: 2015-12-15 08:48:58
Document Modified: 2015-12-15 08:48:58

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 October 7, 2015.
Contact		Karla Gore, 727-824-5305; email: [email protected]
FR Citation		80 FR 60565
RIN Number		0648-BD81
CFR Associated		Coral; Coral Reefs; Fisheries; Fishing; Hapc; Shrimp and South Atlantic

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 COMMERCENational Oceanic and Atmospheric Administration

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

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration