80 FR 73999 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; 2016 Red Snapper Commercial Quota Retention

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 228 (November 27, 2015)

Page Range		73999-74001
FR Document		2015-30194

NMFS issues regulations to implement management measures described in a framework action to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP), as prepared by the Gulf of Mexico Fishery Management Council (Council). This final rule withholds 4.9 percent of the 2016 red snapper commercial quota prior to the annual distribution of red snapper allocation to the Individual Fishing Quota (IFQ) program shareholders on January 1, 2016. This final rule allows the allocations being established through Amendment 28 to the FMP (Amendment 28) to be effective for the 2016 fishing year should Amendment 28 be approved by the Secretary of Commerce (Secretary) in 2016. This final rule also makes a technical correction to re-insert regulatory text that a previous rulemaking inadvertently omitted, which specifies that the recreational annual catch limit (ACL) for red snapper is equal to the total recreational quota.

Federal Register, Volume 80 Issue 228 (Friday, November 27, 2015)

[Federal Register Volume 80, Number 228 (Friday, November 27, 2015)]
[Rules and Regulations]
[Pages 73999-74001]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-30194]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 150826781-5999-02]
RIN 0648-BF33, 0648-BE91

Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; 2016 Red Snapper Commercial
Quota Retention

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

ACTION: Final rule.

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SUMMARY: NMFS issues regulations to implement management measures
described in a framework action to the Fishery Management Plan for the
Reef Fish Resources of the Gulf of Mexico (FMP), as prepared by the
Gulf of Mexico Fishery Management Council (Council). This final rule
withholds 4.9 percent of the 2016 red snapper commercial quota prior to
the annual distribution of red snapper allocation to the Individual
Fishing Quota (IFQ) program shareholders on January 1, 2016. This final
rule allows the allocations being established through Amendment 28 to
the FMP (Amendment 28) to be effective for the 2016 fishing year should
Amendment 28 be approved by the Secretary of Commerce (Secretary) in
2016. This final rule also makes a technical correction to re-insert
regulatory text that a previous rulemaking inadvertently omitted, which
specifies that the recreational annual catch limit (ACL) for red
snapper is equal to the total recreational quota.

DATES: This rule is effective December 28, 2015.

ADDRESSES: Electronic copies of the framework action, which includes an
environmental assessment, a regulatory impact review, and a Regulatory
Flexibility Act (RFA) analysis may be obtained from the Southeast
Regional Office (SERO) Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/2015/rs_framework_2016_quota/documents/pdfs/retain_2016_red_snapper_commercial_quota_ea.pdf.

FOR FURTHER INFORMATION CONTACT: Richard Malinowski, NMFS SERO,
telephone: 727-824-5305, or email: rich.malinowski@noaa.gov.

SUPPLEMENTARY INFORMATION: The Gulf of Mexico (Gulf) reef fish fishery
is managed under the FMP. The FMP was prepared by the Council and is
implemented by NMFS through regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act).
On October 19, 2015, NMFS published a proposed rule for the
framework action and requested public comment (80 FR 63190). The
proposed rule and the framework action outline the rationale for the
actions contained in this final rule. A summary of the actions
implemented by the framework action and this final rule is provided
below.

Management Measures Contained in This Final Rule

This final rule withholds 4.9 percent of the 2016 red snapper
commercial quota, equal to 352,000 lb (159,665 kg), round weight, and
317,117 lb (143,842 kg), gutted weight, prior to the annual
distribution of allocation to the IFQ program shareholders on January
1, 2016. The framework procedures of the FMP include the authority to
retain a portion of an annual quota in anticipation of future
regulatory changes during the same fishing year. This final rule allows
the allocations being

[[Page 74000]]

established through Amendment 28 to be effective for the 2016 fishing
year should the Secretary approve Amendment 28 in 2016. If NMFS does
not implement Amendment 28, NMFS will distribute the withheld 4.9
percent of the 2016 red snapper commercial quota to shareholders based
on the shares held as of the date of distribution.

Other Changes to the Codified Text

This final rule fixes an error in Sec. 622.41(q)(2)(i) for the
recreational sector of Gulf red snapper. This final rule re-inserts a
sentence of regulatory text originally published in the final rule
implementing Amendment 40 to the FMP (80 FR 22422, April 22, 2015),
which specifies that the recreational ACL for red snapper is equal to
the total recreational quota. The regulatory text was inadvertently
omitted in a subsequent correcting amendment (80 FR 58219, September
28, 2015) to a final rule for a framework action that increased the
commercial and recreational quotas for Gulf red snapper in the 2015,
2016, and 2017 fishing years (80 FR 24832, May 1, 2015). This final
rule corrects the error by re-inserting the regulatory text into Sec.
622.41(q)(2)(i). This action is unrelated to the actions described in
this framework action.

Comments and Responses

NMFS received 46 comment submissions from individuals, commercial
fishermen, and a commercial fishermen's association on the framework
action and the proposed rule, along with other issues. Many of the
comments NMFS received were about Amendment 28 and alternative
management strategies for red snapper, for example, expanding state
waters and advocating for state rather than Federal management. Such
comments were beyond the scope of the proposed rule and, therefore,
have not been addressed in this final rule. The comments that relate to
the framework action and the proposed rule are summarized and responded
to below.
Comment 1: The red snapper commercial quota should not be withheld
until Amendment 28 is approved and implemented by NMFS. The resulting
reallocation of the red snapper commercial quota would then apply to
the 2017 fishing year.
Response: NMFS disagrees that the commercial quota necessary to
implement Amendment 28 in the 2016 fishing year should not be withheld.
The Council approved Amendment 28 for review and implementation in
August 2015 with the expectation that the revised allocations and
quotas would be implemented in 2016, if approved by the Secretary. This
will not be possible unless that portion of the commercial quota is not
distributed to shareholders on January 1, 2016, the date on which NMFS
distributes annual red snapper allocation to shareholders. If Amendment
28 is not approved by the Secretary, the withheld red snapper
commercial quota will be distributed as soon as possible to the current
red snapper IFQ shareholders based on their current shares held as of
the date of distribution.
Comment 2: Withholding IFQ allocation cannot be accomplished
through framework procedures. NMFS regulations at 50 CFR 622.42(a) list
actions that can be established or modified in accordance with the
framework procedures of the FMP. Withholding IFQ allocation in
anticipation of reallocation is not one of the described actions that
can be accomplished by framework procedures. NMFS and the Council are
not modifying approved framework items such as the red snapper quotas
or the ACLs through this framework action; that is what Amendment 28
would do if and when it is approved. NMFS, therefore, lacks authority
to implement this action using framework procedures.
Response: NMFS disagrees. The regulations at 50 CFR 622.42(a) refer
to the framework procedures of the FMP and list quotas as one of the
management measures that may be modified. The framework procedures for
the FMP that were established with the Generic ACL and Accountability
Measures Amendment (76 FR 82044, December 29, 2011; http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/generic/archives/generic_acl_am_amend_sept_2011.pdf) list the regulatory
changes that may be implemented and expressly include ``retention of
portion of an annual quota in anticipation of future regulatory changes
during the same fishing year.'' Thus, this framework action and
regulations are in accordance with the FMP (as revised through the
Generic ACL and Accountability Measures Amendment), and regulations at
50 CFR 622.42(a).
Comment 3: Reducing each shareholder's allocation of red snapper by
approximately five percent could reduce access to quota that was leased
out to the grouper fishery for bycatch coverage. This would result in
negative biological consequences that are not analyzed in the framework
action.
Response: NMFS disagrees. Withholding the red snapper commercial
quota until a decision to approve or disapprove Amendment 28 is made
does not restrict the ability of the shareholders to continue to
contribute to the private quota bank they developed. Any long-term
impacts on bycatch mortality anticipated from a permanent shift in
allocation to the recreational sector would be a consequence of
Amendment 28 and its implementing regulations, not this rule.
Comment 4: Withholding a portion of an individual's quota
indefinitely disrupts fishermen's business plans, particularly for
fishermen who harvest large portions or all of their allocation early
in the year, leading to inefficiencies in the allocation leasing
marketplace which would reduce profitability and introduce economic and
social costs to the IFQ program.
Response: NMFS disagrees. As stated in the proposed rule for this
framework action, withholding a portion of the commercial quota may
result in a reduction in normal total revenue, alteration of the flow
of receipts, and disruption of normal business operation, consistent
with the comment. These effects, however, are expected to be minor
because of the small amount of quota withheld (4.9 percent) and the
likely short timeframe during which withholding occurs. Thus, the full
value of the quota being withheld would not be lost. Because red
snapper commercial harvest occurs throughout the year, and is not
subject to ``race to fish'' (derby) conditions, withholding this small
portion is not expected to severely limit the availability of
allocation for purchase or trade early in the year, nor result in a
market glut if allocation is subsequently returned to shareholders.
This action only applies to the 2016 fishing year. As a result, the
economic and social consequences are of limited scope and duration and
are not expected to harm individual businesses or the industry beyond
as already described. If Amendment 28 is approved by the Secretary of
Commerce and the quota is not returned to shareholders, this would be a
consequence of the rule for Amendment 28 and not this current framework
action and final rule.

Classification

The Regional Administrator, Southeast Region, NMFS has determined
that this final rule is consistent with the framework action, the FMP,
the Magnuson-Stevens Act, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Magnuson-Stevens Act provides the statutory basis for this
rule. No duplicative, overlapping, or conflicting

[[Page 74001]]

Federal rules have been identified. In addition, no new reporting,
record-keeping, or other compliance requirements are introduced by this
final rule.
The Chief Counsel for Regulation of the Department of Commerce
(DOC) certified to the Chief Counsel for advocacy of the Small Business
Administration (SBA) during the proposed rule stage that this action
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
significant comments regarding the certification. However, one general
comment on the expected economic effects of this rule is addressed in
the Comments and Response section of this rule. As a result, a final
regulatory flexibility analysis was not required and was not prepared.
As discussed in the background section of this final rule, this
rule also re-inserts a sentence of regulatory text originally published
in the final rule implementing Amendment 40 (80 FR 22422, April 22,
2015). The regulatory text was inadvertently omitted in a subsequent
correcting amendment (80 FR 58219, September 28, 2015) to a final rule
that implemented a framework amendment for red snapper in the Gulf reef
fish fishery (80 FR 24832, May 1, 2015). The DOC Chief Counsel for
Regulation certified to the Chief Counsel for advocacy of the SBA that
the final rules implementing both Amendment 40 and the framework
amendment would not have a significant economic impact on a substantial
number of small entities. The re-insertion of this regulatory text is
not expected to have direct adverse economic effects on a substantial
number of small entities because it is an administrative correcting
action. The final rule that originally published the regulation was
certified to not have a significant economic impact on a substantial
number of small entities, and the public may believe the omitted text
is already included in the regulations. This change is needed to ensure
that the public is aware of the correct recreational harvest limit
(quota) and accountability measures for recreationally-caught Gulf red
snapper.
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 correcting action because it
would be unnecessary and contrary to the public interest. Such
procedures are 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 final rule reinstates the regulatory text
that was inadvertently omitted from the correcting amendment that
published on September 28, 2015 (80 FR 58219). If this final rule was
delayed to allow for notice and opportunity for public comment, it
could cause confusion because the public believes that the omitted text
is already included in the regulations.

List of Subjects in 50 CFR Part 622

Commercial, Fisheries, Fishing, Gulf of Mexico, Recreational, Red
snapper, Reef fish.

Dated: November 23, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries, 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. 622.39, add paragraphs (a)(1)(i)(B)(1) and (2) to read as
follows:

Sec. 622.39 Quotas.

* * * * *
(a) * * *
(1) * * *
(i) * * *
(B) * * *
(1) NMFS will withhold distribution of 4.9 percent of the 2016 IFQ
allocation of red snapper commercial quota on January 1, 2016, totaling
352,000 lb (159,665 kg), round weight, of the 2016 red snapper
commercial quota specified in this paragraph (a)(1)(i)(B).
(2) As determined by NMFS, remaining 2016 IFQ allocation of red
snapper will be distributed to the current shareholders based on their
current shares held as of the date of distribution.
* * * * *

0
3. In Sec. 622.41, revise paragraph (q)(2)(i) to read as follows:

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

* * * * *
(q) * * *
(2) * * *
(i) The recreational ACL is equal to the total recreational quota
specified in Sec. 622.39(a)(2)(i)(A). 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 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.
* * * * *
[FR Doc. 2015-30194 Filed 11-25-15; 8:45 am]
BILLING CODE 3510-22-P

Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Rules and Regulations 73999

‘‘05090’’, and for CCN 070B22 should be procedures and delayed effective date the Individual Fishing Quota (IFQ)
‘‘FAIRFIELD’’ and ‘‘07000.’’ Therefore, requirements applied, we find that there program shareholders on January 1,
the ‘‘County Name’’ and ‘‘County Code’’ is good cause to waive such 2016. This final rule allows the
for CCN 050B21 will be corrected to requirements. Undertaking further allocations being established through
read ‘‘FRESNO’’ and ‘‘05090’’, notice and comment procedures to Amendment 28 to the FMP
respectively; and the ‘‘County Name’’ incorporate the corrections in this (Amendment 28) to be effective for the
and ‘‘County Code’’ for CCN 070B22 document into the final rule or delaying 2016 fishing year should Amendment
will be corrected to read ‘‘FAIRFIELD’’ the effective date would be contrary to 28 be approved by the Secretary of
and ‘‘07000’’, respectively. the public interest because it is in the Commerce (Secretary) in 2016. This
Table 3—WAGE INDEX TABLE BY public’s interest for providers to receive final rule also makes a technical
CBSA—FY 2016 CORRECTION appropriate payments in as timely a correction to re-insert regulatory text
NOTICE. As described previously, the manner as possible, and to ensure that that a previous rulemaking
reclassifications for two hospitals (CCNs the FY 2016 IPPS/LTCH PPS final rule inadvertently omitted, which specifies
050152 and 050228) to CBSA 36084 accurately reflects our policies. that the recreational annual catch limit
were not properly listed and are being Furthermore, such procedures would be (ACL) for red snapper is equal to the
corrected in Table 2. Therefore, we are unnecessary, as we are not altering our total recreational quota.
making corresponding changes to the payment methodologies or policies, but DATES: This rule is effective December
‘‘Reclassified Wage Index’’ and rather, we are simply implementing 28, 2015.
‘‘Reclassified GAF’’ column values for correctly the policies that we previously ADDRESSES: Electronic copies of the
CBSA 36084 in Table 3. proposed, received comment on, and framework action, which includes an
III. Waiver of Proposed Rulemaking subsequently finalized. This correcting environmental assessment, a regulatory
and Delay in Effective Date document is intended solely to ensure impact review, and a Regulatory
that the FY 2016 IPPS/LTCH PPS final Flexibility Act (RFA) analysis may be
We ordinarily publish a notice of rule accurately reflects these payment
proposed rulemaking in the Federal obtained from the Southeast Regional
methodologies and policies. Therefore, Office (SERO) Web site at http://
Register to provide a period for public we believe we have good cause to waive
comment before the provisions of a rule sero.nmfs.noaa.gov/sustainable_
the notice and comment and effective fisheries/gulf_fisheries/reef_fish/2015/
take effect in accordance with section date requirements.
553(b) of the Administrative Procedure rs_framework_2016_quota/documents/
Act (APA) (5 U.S.C. 553(b)). However, Dated: November 18, 2015. pdfs/retain_2016_red_snapper_
we can waive this notice and comment Madhura Valverde, commercial_quota_ea.pdf.
procedure if the Secretary finds, for Executive Secretary to the Department, FOR FURTHER INFORMATION CONTACT:
good cause, that the notice and Department of Health and Human Services. Richard Malinowski, NMFS SERO,
comment process is impracticable, [FR Doc. 2015–30248 Filed 11–25–15; 8:45 am] telephone: 727–824–5305, or email:
unnecessary, or contrary to the public BILLING CODE 4120–01–P rich.malinowski@noaa.gov.
interest, and incorporates a statement of SUPPLEMENTARY INFORMATION: The Gulf
the finding and the reasons therefore in of Mexico (Gulf) reef fish fishery is
the notice. DEPARTMENT OF COMMERCE managed under the FMP. The FMP was
Section 553(d) of the APA ordinarily prepared by the Council and is
requires a 30-day delay in effective date National Oceanic and Atmospheric implemented by NMFS through
of final rules after the date of their Administration regulations at 50 CFR part 622 under the
publication in the Federal Register. authority of the Magnuson-Stevens
This 30-day delay in effective date can 50 CFR Part 622 Fishery Conservation and Management
be waived, however, if an agency finds [Docket No. 150826781–5999–02] Act (Magnuson-Stevens Act).
for good cause that the delay is On October 19, 2015, NMFS
impracticable, unnecessary, or contrary RIN 0648–BF33, 0648–BE91 published a proposed rule for the
to the public interest, and the agency framework action and requested public
incorporates a statement of the findings Fisheries of the Caribbean, Gulf of
comment (80 FR 63190). The proposed
and its reasons in the rule issued. Mexico, and South Atlantic; Reef Fish
rule and the framework action outline
We believe that this correcting Fishery of the Gulf of Mexico; 2016
the rationale for the actions contained in
document does not constitute a rule that Red Snapper Commercial Quota
this final rule. A summary of the actions
would be subject to the APA notice and Retention
implemented by the framework action
comment or delayed effective date AGENCY: National Marine Fisheries and this final rule is provided below.
requirements. This correcting document Service (NMFS), National Oceanic and
corrects technical and typographic Management Measures Contained in
Atmospheric Administration (NOAA), This Final Rule
errors in the tables referenced in the FY Commerce.
2016 IPPS/LTCH PPS final rule as ACTION: Final rule. This final rule withholds 4.9 percent
revised by the FY 2016 IPPS/LTCH PPS of the 2016 red snapper commercial
correcting document but does not make SUMMARY: NMFS issues regulations to quota, equal to 352,000 lb (159,665 kg),
substantive changes to the policies or implement management measures round weight, and 317,117 lb (143,842
payment methodologies that were described in a framework action to the kg), gutted weight, prior to the annual
adopted in the final rule. As a result, Fishery Management Plan for the Reef distribution of allocation to the IFQ
mstockstill on DSK4VPTVN1PROD with RULES

this correcting document is intended to Fish Resources of the Gulf of Mexico program shareholders on January 1,
ensure that the tables referenced in the (FMP), as prepared by the Gulf of 2016. The framework procedures of the
FY 2016 IPPS/LTCH PPS final rule Mexico Fishery Management Council FMP include the authority to retain a
accurately reflect the policies adopted (Council). This final rule withholds 4.9 portion of an annual quota in
in that final rule. percent of the 2016 red snapper anticipation of future regulatory changes
In addition, even if this were a rule to commercial quota prior to the annual during the same fishing year. This final
which the notice and comment distribution of red snapper allocation to rule allows the allocations being

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Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Rules and Regulations 74001

Federal rules have been identified. In public received notice and an (i) The recreational ACL is equal to
addition, no new reporting, record- opportunity to comment on the the total recreational quota specified in
keeping, or other compliance proposed rules for the framework § 622.39(a)(2)(i)(A). The AA will
requirements are introduced by this amendment and Amendment 40 and the determine the length of the red snapper
final rule. final rule for Amendment 40 included recreational fishing season, or
The Chief Counsel for Regulation of this regulatory text. This final rule recreational fishing seasons for the
the Department of Commerce (DOC) reinstates the regulatory text that was Federal charter vessel/headboat and
certified to the Chief Counsel for inadvertently omitted from the private angling components, based on
advocacy of the Small Business correcting amendment that published when recreational landings are
Administration (SBA) during the on September 28, 2015 (80 FR 58219). projected to reach the recreational ACT,
proposed rule stage that this action If this final rule was delayed to allow for or respective recreational component
would not have a significant economic notice and opportunity for public ACT specified in paragraph (q)(2)(iii) of
impact on a substantial number of small comment, it could cause confusion this section, and announce the closure
entities. The factual basis for this because the public believes that the date(s) in the Federal Register. These
determination was published in the omitted text is already included in the seasons will serve as in-season
proposed rule and is not repeated here. regulations. accountability measures. On and after
NMFS received no significant comments the effective date of the recreational
regarding the certification. However, List of Subjects in 50 CFR Part 622
closure or recreational component
one general comment on the expected Commercial, Fisheries, Fishing, Gulf closure notifications, the bag and
economic effects of this rule is of Mexico, Recreational, Red snapper, possession limit for red snapper or for
addressed in the Comments and Reef fish. the respective component is zero. When
Response section of this rule. As a Dated: November 23, 2015. the recreational sector or Federal charter
result, a final regulatory flexibility vessel/headboat component is closed,
Eileen Sobeck,
analysis was not required and was not this bag and possession limit applies in
prepared. Assistant Administrator for Fisheries,
National Marine Fisheries Service. the Gulf on board a vessel for which a
As discussed in the background valid Federal charter vessel/headboat
section of this final rule, this rule also For the reasons set out in the permit for Gulf reef fish has been issued,
re-inserts a sentence of regulatory text preamble, 50 CFR part 622 is amended without regard to where such species
originally published in the final rule as follows: were harvested, i.e., in state or Federal
implementing Amendment 40 (80 FR waters.
22422, April 22, 2015). The regulatory PART 622—FISHERIES OF THE
text was inadvertently omitted in a CARIBBEAN, GULF OF MEXICO, AND * * * * *
SOUTH ATLANTIC [FR Doc. 2015–30194 Filed 11–25–15; 8:45 am]
subsequent correcting amendment (80
BILLING CODE 3510–22–P
FR 58219, September 28, 2015) to a final
rule that implemented a framework ■ 1. The authority citation for part 622
amendment for red snapper in the Gulf continues to read as follows:
DEPARTMENT OF COMMERCE
reef fish fishery (80 FR 24832, May 1, Authority: 16 U.S.C. 1801 et seq.
2015). The DOC Chief Counsel for ■ 2. In § 622.39, add paragraphs National Oceanic and Atmospheric
Regulation certified to the Chief Counsel (a)(1)(i)(B)(1) and (2) to read as follows: Administration
for advocacy of the SBA that the final
rules implementing both Amendment § 622.39 Quotas.
50 CFR Part 622
40 and the framework amendment * * * * *
would not have a significant economic (a) * * * [Docket No. 101206604–1758–02]
impact on a substantial number of small (1) * * * RIN 0648–XE326
entities. The re-insertion of this (i) * * *
regulatory text is not expected to have (B) * * * Coastal Migratory Pelagic Resources
direct adverse economic effects on a (1) NMFS will withhold distribution of the Gulf of Mexico and South
substantial number of small entities of 4.9 percent of the 2016 IFQ allocation Atlantic; 2015–2016 Accountability
because it is an administrative of red snapper commercial quota on Measure and Closure for King
correcting action. The final rule that January 1, 2016, totaling 352,000 lb Mackerel in the Florida West Coast
originally published the regulation was (159,665 kg), round weight, of the 2016 Northern Subzone
certified to not have a significant red snapper commercial quota specified
economic impact on a substantial in this paragraph (a)(1)(i)(B). AGENCY: National Marine Fisheries
number of small entities, and the public (2) As determined by NMFS, Service (NMFS), National Oceanic and
may believe the omitted text is already remaining 2016 IFQ allocation of red Atmospheric Administration (NOAA),
included in the regulations. This change snapper will be distributed to the Commerce.
is needed to ensure that the public is current shareholders based on their ACTION: Temporary rule; closure.
aware of the correct recreational harvest current shares held as of the date of
limit (quota) and accountability distribution. SUMMARY: NMFS implements an
measures for recreationally-caught Gulf * * * * * accountability measure (AM) for
red snapper. commercial king mackerel in the Florida
■ 3. In § 622.41, revise paragraph
Pursuant to 5 U.S.C. 553(b)(B), the west coast northern subzone of the
(q)(2)(i) to read as follows:
mstockstill on DSK4VPTVN1PROD with RULES

Assistant Administrator for Fisheries, eastern zone of the Gulf of Mexico (Gulf)
NOAA, finds good cause to waive prior § 622.41 Annual catch limits (ACLs), exclusive economic zone (EEZ) through
notice and opportunity for additional annual catch targets (ACTs), and this temporary final rule. NMFS has
public comment for this correcting accountability measures (AMs). determined that the commercial quota
action because it would be unnecessary * * * * * for king mackerel in the eastern zone,
and contrary to the public interest. Such (q) * * * Florida west coast northern subzone of
procedures are unnecessary because the (2) * * * the Gulf EEZ will be reached by

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Document Created: 2015-12-14 14:05:48
Document Modified: 2015-12-14 14:05:48

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.
Dates		This rule is effective December 28, 2015.
Contact		Richard Malinowski, NMFS SERO, telephone: 727-824-5305, or email: [email protected]
FR Citation		80 FR 73999
RIN Number		0648-BF33 and 0648-BE91
CFR Associated		Commercial; Fisheries; Fishing; Gulf of Mexico; Recreational; Red Snapper and Reef Fish

80 FR 73999 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; 2016 Red Snapper Commercial Quota Retention

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 228 (November 27, 2015)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration