81 FR 58466 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Amendment 45
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 165 (August 25, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 165 (August 25, 2016)
| Page Range | 58466-58467 | |
| FR Document | 2016-20404 |
[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)] [Proposed Rules] [Pages 58466-58467] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-20404] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 RIN 0648-BG19 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Amendment 45 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability; request for comments. ----------------------------------------------------------------------- SUMMARY: The Gulf of Mexico (Gulf) Fishery Management Council (Council) has submitted Amendment 45 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) for review, approval, and implementation by NMFS. Amendment 45 would extend the sunset date of the red snapper sector separation measures for an additional 5 years, through the end of the 2022 fishing year. The intent of Amendment 45 is to extend the sector separation measures to allow the Council more time to consider and possibly develop alternative management strategies within the Gulf red snapper recreational sector. DATES: Written comments must be received on or before October 24, 2016. ADDRESSES: You may submit comments on the amendment identified by ``NOAA-NMFS-2016-0089'' by either of the following methods:Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0089, click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments. Mail: Submit written comments to Peter Hood, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of [[Page 58467]] the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ``N/A'' in the required fields if you wish to remain anonymous). Electronic copies of Amendment 45, which includes an environmental assessment, a fishery impact statement, a Regulatory Flexibility Act analysis, and a regulatory impact review, may be obtained from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov. FOR FURTHER INFORMATION CONTACT: Peter Hood, Southeast Regional Office, NMFS, telephone: 727-824-5305; email: [email protected]. SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) requires each regional fishery management council to submit any fishery management plan or amendment to any plan to NMFS for review and approval, partial approval, or disapproval. The Magnuson-Stevens Act also requires that NMFS, upon receiving a plan or plan amendment, publish an announcement in the Federal Register notifying the public that the plan or plan amendment is available for review and comment. The FMP being revised by Amendment 45 was prepared by the Council and implemented through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Act. Background Amendment 40 to the FMP separated the Federal recreational red snapper sector as a way to provide the basis for increased flexibility in future management as well as minimize the chance for recreational quota overruns, which could jeopardize the rebuilding of the red snapper stock (80 FR 22422, April 22, 2015). Amendment 40 established sector separation by defining distinct private angling and Federal for- hire (charter vessel and headboat) components within the recreational sector of those who fish for red snapper, allocated red snapper resources between the components, and established component-specific accountability measures through the use of component annual catch targets to project recreational fishing season lengths. Amendment 40 defined the Federal for-hire component as including operators of vessels with Federal charter vessel/headboat permits for Gulf reef fish and their angler clients. The private angling component was defined as including anglers fishing from private vessels and state-permitted for- hire vessels. Amendment 40 also applied a 3-year sunset provision for the regulations implemented through its final rule. The sunset provision maintained the measures for sector separation through the end of the 2017 fishing year, on December 31, 2017. The 3-year sunset provision was included to provide an incentive for the Council to continue to evaluate alternative management measures or programs for the recreational sector. Unless modified, after the 2017 fishing year, on January 1, 2018, the management measures implemented through Amendment 40 will expire and the recreational sector will be managed as a single entity. The Council is currently working to develop and approve other amendments to address the management of the charter and headboat fishing within the Federal for-hire component (Amendments 41 and 42 to the FMP, respectively). The development of these amendments is taking longer than the Council anticipated, and if approved by NMFS, would likely not be effective until after the sector separation provisions expire on December 31, 2017. Therefore, the Council determined there was a need to extend the sunset provision for an additional 5 years past the original sunset date. Management Measure Contained in Amendment 45 Amendment 45 would extend the 3-year sunset provision for the separation of the Federal for-hire and private angling recreational components for Gulf red snapper and associated management measures for an additional 5 years. If implemented, this would extend Gulf recreational red snapper sector separation through the end of the 2022 fishing year, on December 31, 2022, rather than the current sunset date of December 31, 2017. Beginning on January 1, 2023, the red snapper recreational sector would be managed as a single entity without the separate Federal for-hire and private angling components. The Council would need to take further action for these recreational components and management measures to extend beyond the 5-year extension proposed in Amendment 45. A proposed rule that would implement Amendment 45 has been drafted. In accordance with the Magnuson-Stevens Act, NMFS is evaluating Amendment 45 to determine whether it is consistent with the FMP, the Magnuson-Stevens Act, and other applicable law. If the determination is affirmative, NMFS will publish the proposed rule in the Federal Register for public review and comment. Consideration of Public Comments The Council has submitted Amendment 45 for Secretarial review, approval, and implementation. Comments on Amendment 45 must be received by October 24, 2016. Comments received during the respective comment periods, whether specifically directed to the amendment or the proposed rule, will be considered by NMFS in its decision to approve, partially approve, or disapprove Amendment 45. All comments received by NMFS on the amendment or the proposed rule during their respective comment periods will be addressed in the final rule. Authority: 16 U.S.C. 1801 et seq. Dated: August 22, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-20404 Filed 8-24-16; 8:45 am] BILLING CODE 3510-22-P
![58466 Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Proposed Rules
mammal, and the lead MMO determines (1) The proposed specified activity species or stocks of marine mammals
that the injury or death is not associated and mitigation, monitoring, and specified in § 217.232(b), an LOA may
with or related to the activities reporting measures, as well as the be modified without prior notice or
authorized in the LOA (e.g., previously anticipated impacts, are the same as opportunity for public comment. Notice
wounded animal, carcass with moderate those described and analyzed for these would be published in the Federal
to advanced decomposition, scavenger regulations (excluding changes made Register within thirty days of the action.
damage), the Corps shall report the pursuant to the adaptive management [FR Doc. 2016–20018 Filed 8–24–16; 8:45 am]
incident to the Office of Protected provision in paragraph (c)(1) of this BILLING CODE 3510–22–P
Resources, NMFS, and the West Coast section; and
Regional Stranding Coordinator, NMFS, (2) NMFS determines that the
within 24 hours of the discovery. The mitigation, monitoring, and reporting DEPARTMENT OF COMMERCE
Corps shall provide photographs or measures required by the previous LOA
video footage or other documentation of under these regulations were National Oceanic and Atmospheric
the stranded animal sighting to NMFS. implemented. Administration
If the observed marine mammal is dead, (b) For LOA modification or renewal
activities may continue while NMFS requests by the applicant that include 50 CFR Part 622
reviews the circumstances of the changes to the activity or the mitigation,
monitoring, or reporting (excluding RIN 0648–BG19
incident. If the observed marine
mammal is injured, measures described changes made pursuant to the adaptive Fisheries of the Caribbean, Gulf of
in paragraph (e) must be implemented. management provision in Mexico, and South Atlantic; Reef Fish
In this case, NMFS will notify the Corps § 217.247(c)(1)) that do not change the Fishery of the Gulf of Mexico;
when activities may resume. findings made for the regulations or Amendment 45
result in no more than a minor change
§ 217.236 Letters of Authorization. in the total estimated number of takes AGENCY: National Marine Fisheries
(a) To incidentally take marine (or distribution by species or years), Service (NMFS), National Oceanic and
mammals pursuant to these regulations, NMFS may publish a notice of proposed Atmospheric Administration (NOAA),
the Corps must apply for and obtain an LOA in the Federal Register, including Commerce.
LOA. the associated analysis of the change, ACTION: Notice of availability; request
(b) An LOA, unless suspended or and solicit public comment before for comments.
revoked, may be effective for a period of issuing the LOA.
time not to exceed the expiration date (c) An LOA issued under § 216.106 of SUMMARY: The Gulf of Mexico (Gulf)
of these regulations. this chapter and § 217.236 for the Fishery Management Council (Council)
(c) If an LOA expires prior to the activity identified in § 217.230(a) may has submitted Amendment 45 to the
expiration date of these regulations, the be modified by NMFS under the Fishery Management Plan for the Reef
Corps may apply for and obtain a following circumstances: Fish Resources of the Gulf of Mexico
renewal of the Letter of Authorization. (1) Adaptive management—NMFS (FMP) for review, approval, and
(d) In the event of projected changes may modify (including augment) the implementation by NMFS. Amendment
to the activity or to mitigation and existing mitigation, monitoring, or 45 would extend the sunset date of the
monitoring measures required by an reporting measures (after consulting red snapper sector separation measures
LOA, the Corps must apply for and with the Corps regarding the for an additional 5 years, through the
obtain a modification of the Letter of practicability of the modifications) if end of the 2022 fishing year. The intent
Authorization as described in § 217.237. doing so creates a reasonable likelihood of Amendment 45 is to extend the sector
(e) The LOA shall set forth: of more effectively accomplishing the separation measures to allow the
(1) Permissible methods of incidental goals of the mitigation and monitoring Council more time to consider and
taking; set forth in the preamble for these possibly develop alternative
(2) Means of effecting the least regulations. management strategies within the Gulf
practicable adverse impact (i.e., (i) Possible sources of data that could red snapper recreational sector.
mitigation) on the species, its habitat, contribute to the decision to modify the DATES: Written comments must be
and on the availability of the species for mitigation, monitoring, or reporting received on or before October 24, 2016.
subsistence uses; and measures in a LOA:
(3) Requirements for monitoring and (A) Results from the Corps’ ADDRESSES: You may submit comments
reporting. monitoring from the previous year(s). on the amendment identified by
(f) Issuance of the LOA shall be based (B) Results from other marine ‘‘NOAA–NMFS–2016–0089’’ by either
on a determination that the level of mammal and/or sound research or of the following methods:
taking will be consistent with the studies. • Electronic Submission: Submit all
findings made for the total taking (C) Any information that reveals electronic public comments via the
allowable under these regulations. marine mammals may have been taken Federal e-Rulemaking Portal. Go to
(g) Notice of issuance or denial of an in a manner, extent or number not www.regulations.gov/
LOA shall be published in the Federal authorized by these regulations or #!docketDetail;D=NOAA-NMFS-2016-
Register within thirty days of a subsequent LOAs. 0089, click the ‘‘Comment Now!’’ icon,
determination. (ii) If, through adaptive management, complete the required fields, and enter
the modifications to the mitigation, or attach your comments.
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§ 217.237 Renewals and modifications of monitoring, or reporting measures are • Mail: Submit written comments to
Letters of Authorization. substantial, NMFS will publish a notice Peter Hood, Southeast Regional Office,
(a) An LOA issued under § 216.106 of of proposed LOA in the Federal NMFS, 263 13th Avenue South, St.
this chapter and § 217.236 for the Register and solicit public comment. Petersburg, FL 33701.
activity identified in § 217.230(a) shall (2) Emergencies—If NMFS determines Instructions: Comments sent by any
be renewed or modified upon request by that an emergency exists that poses a other method, to any other address or
the applicant, provided that: significant risk to the well-being of the individual, or received after the end of
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![Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Proposed Rules 58467
the comment period, may not be established sector separation by of the Federal for-hire and private
considered by NMFS. All comments defining distinct private angling and angling recreational components for
received are a part of the public record Federal for-hire (charter vessel and Gulf red snapper and associated
and will generally be posted for public headboat) components within the management measures for an additional
viewing on www.regulations.gov recreational sector of those who fish for 5 years. If implemented, this would
without change. All personal identifying red snapper, allocated red snapper extend Gulf recreational red snapper
information (e.g., name, address, etc.), resources between the components, and sector separation through the end of the
confidential business information, or established component-specific 2022 fishing year, on December 31,
otherwise sensitive information accountability measures through the use 2022, rather than the current sunset date
submitted voluntarily by the sender will of component annual catch targets to of December 31, 2017. Beginning on
be publicly accessible. NMFS will project recreational fishing season January 1, 2023, the red snapper
accept anonymous comments (enter lengths. Amendment 40 defined the recreational sector would be managed as
‘‘N/A’’ in the required fields if you wish Federal for-hire component as including a single entity without the separate
to remain anonymous). operators of vessels with Federal charter Federal for-hire and private angling
Electronic copies of Amendment 45, vessel/headboat permits for Gulf reef components. The Council would need
which includes an environmental fish and their angler clients. The private to take further action for these
assessment, a fishery impact statement, angling component was defined as recreational components and
a Regulatory Flexibility Act analysis, including anglers fishing from private management measures to extend beyond
and a regulatory impact review, may be vessels and state-permitted for-hire the 5-year extension proposed in
obtained from the Southeast Regional vessels. Amendment 45.
Office Web site at http:// Amendment 40 also applied a 3-year
sunset provision for the regulations A proposed rule that would
sero.nmfs.noaa.gov. implement Amendment 45 has been
implemented through its final rule. The
FOR FURTHER INFORMATION CONTACT: sunset provision maintained the drafted. In accordance with the
Peter Hood, Southeast Regional Office, measures for sector separation through Magnuson-Stevens Act, NMFS is
NMFS, telephone: 727–824–5305; email: the end of the 2017 fishing year, on evaluating Amendment 45 to determine
Peter.Hood@noaa.gov. December 31, 2017. The 3-year sunset whether it is consistent with the FMP,
SUPPLEMENTARY INFORMATION: The provision was included to provide an the Magnuson-Stevens Act, and other
Magnuson-Stevens Fishery incentive for the Council to continue to applicable law. If the determination is
Conservation and Management Act evaluate alternative management affirmative, NMFS will publish the
(Magnuson-Stevens Act) requires each measures or programs for the proposed rule in the Federal Register
regional fishery management council to recreational sector. Unless modified, for public review and comment.
submit any fishery management plan or after the 2017 fishing year, on January Consideration of Public Comments
amendment to any plan to NMFS for 1, 2018, the management measures
review and approval, partial approval, implemented through Amendment 40 The Council has submitted
or disapproval. The Magnuson-Stevens will expire and the recreational sector Amendment 45 for Secretarial review,
Act also requires that NMFS, upon will be managed as a single entity. The approval, and implementation.
receiving a plan or plan amendment, Council is currently working to develop Comments on Amendment 45 must be
publish an announcement in the and approve other amendments to received by October 24, 2016.
Federal Register notifying the public address the management of the charter Comments received during the
that the plan or plan amendment is and headboat fishing within the Federal respective comment periods, whether
available for review and comment. for-hire component (Amendments 41 specifically directed to the amendment
The FMP being revised by and 42 to the FMP, respectively). The or the proposed rule, will be considered
Amendment 45 was prepared by the development of these amendments is by NMFS in its decision to approve,
Council and implemented through taking longer than the Council partially approve, or disapprove
regulations at 50 CFR part 622 under the anticipated, and if approved by NMFS, Amendment 45. All comments received
authority of the Magnuson-Stevens Act. would likely not be effective until after by NMFS on the amendment or the
the sector separation provisions expire proposed rule during their respective
Background
on December 31, 2017. Therefore, the comment periods will be addressed in
Amendment 40 to the FMP separated Council determined there was a need to the final rule.
the Federal recreational red snapper extend the sunset provision for an Authority: 16 U.S.C. 1801 et seq.
sector as a way to provide the basis for additional 5 years past the original
increased flexibility in future Dated: August 22, 2016.
sunset date.
management as well as minimize the Emily H. Menashes,
chance for recreational quota overruns, Management Measure Contained in Acting Director, Office of Sustainable
which could jeopardize the rebuilding Amendment 45 Fisheries, National Marine Fisheries Service.
of the red snapper stock (80 FR 22422, Amendment 45 would extend the 3- [FR Doc. 2016–20404 Filed 8–24–16; 8:45 am]
April 22, 2015). Amendment 40 year sunset provision for the separation BILLING CODE 3510–22–P
Lhorne on DSK30JT082PROD with PROPOSALS
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Document Created: 2016-08-25 00:34:57
Document Modified: 2016-08-25 00:34:57
| 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 | Proposed Rules | |
| Action | Notice of availability; request for comments. | |
| Dates | Written comments must be received on or before October 24, 2016. | |
| Contact | Peter Hood, Southeast Regional Office, NMFS, telephone: 727-824-5305; email: [email protected] | |
| FR Citation | 81 FR 58466 | |
| RIN Number | 0648-BG19 |
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