81 FR 95053 - Endangered and Threatened Wildlife and Plants; Revisions to the Regulations for Candidate Conservation Agreements With Assurances
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 81, Issue 248 (December 27, 2016)
Fish and Wildlife Service
Federal Register Volume 81, Issue 248 (December 27, 2016)
| Page Range | 95053-95056 | |
| FR Document | 2016-31060 |
[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)] [Rules and Regulations] [Pages 95053-95056] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-31060] [[Page 95053]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS-HQ-ES-2015-0171; FF09E40000 167 FXES11150900000] RIN 1018-BB25 Endangered and Threatened Wildlife and Plants; Revisions to the Regulations for Candidate Conservation Agreements With Assurances AGENCY: U.S. Fish and Wildlife Service (FWS), Interior. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service (FWS), revise the regulations concerning enhancement-of-survival permits issued under the Endangered Species Act of 1973, as amended (ESA), associated with Candidate Conservation Agreements with Assurances. We added the term ``net conservation benefit'' to the Candidate Conservation Agreements with Assurances regulations, and eliminated references to ``other necessary properties'' to clarify the level of conservation effort we require each agreement to include in order for us to approve a Candidate Conservation Agreement with Assurances. We also made these changes to the Candidate Conservation Agreement with Assurances policy in a separate document published in today's Federal Register. DATES: This rule is effective on January 26, 2017. ADDRESSES: This final rule is available on the Internet at http://www.regulations.gov at Docket Number FWS-HQ-ES-2015-0171. Comments and materials received, as well as supporting documentation used in the preparation of this rule, are also available at the same location on the Internet. FOR FURTHER INFORMATION CONTACT: Jeff Newman, Chief, Division of Recovery and Restoration, U.S. Fish and Wildlife Service Headquarters, MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041-3803; telephone 703- 358-2171. SUPPLEMENTARY INFORMATION: Background Through its Candidate Conservation Program, one of the FWS's goals is to encourage the public to voluntarily develop and implement conservation plans for declining species prior to them being listed under the ESA (16 U.S.C. 1531 et seq.). The benefits of such conservation actions may contribute to not needing to list a species, to list a species as threatened instead of endangered, or to accelerate the species' recovery if it is listed. The FWS put in place a voluntary conservation program to provide incentives for non-Federal property owners to develop and implement conservation plans for unlisted species: Candidate Conservation Agreements with Assurances (CCAAs). On June 17, 1999, the policy for this type of agreement (64 FR 32726) and implementing regulations in part 17 of title 50 of the Code of Federal Regulations (CFR) (64 FR 32706) were made final. On May 3, 2004, we published a final rule (69 FR 24084) to revise the CCAA regulations to make them easier to understand and implement by, among other things, defining ``property owner'' and by clarifying several points, including the transfer of permits, permit revocation, and advanced notification of take. To participate in a CCAA, non-Federal property owners agree to implement specific conservation actions on their land that reduce or eliminate threats to the species that are covered under the agreement. An ESA section 10(a)(1)(A) Enhancement-of-survival permit is issued to the agreement participant providing a specific level of incidental take coverage should the property owner's agreed-upon conservation actions and routine property management actions (e.g., agricultural, ranching, or forestry activities) result in take of the covered species, if listed. Property owners receive assurances that they will not be required to undertake any conservation actions other than those agreed to if new information indicates that additional or revised conservation measures are needed for the species, and they will not be subject to additional resource use or land-use restrictions. Based on our experience reviewing and approving CCAAs over the past 16 years, on May 4, 2016 (81 FR 26769), we proposed to change the regulations that clarify the level of conservation effort each agreement needs to include in order for FWS to approve an agreement and issue a permit. In addition to the clarification of the CCAA regulations, we also sought to better align the CCAA regulations with the Safe Harbor Agreement (SHA) regulations. Safe Harbor Agreements are a conservation tool for non-federal property owners that aid in recovery of listed species that are similar to CCAAs in that they also require a net conservation benefit. On May 4, 2016, we also published in the Federal Register a draft revised CCAA policy (86 FR 26817). We accepted public comments on the draft policy and proposed regulations until July 5, 2016. The comments we received are available at http://www.regulations.gov under Docket No. FWS-HQ-ES-2015-0171. Changes From the Proposed Rule Based on comments we received on the proposed rule and to further clarify the level of conservation effort a CCAA needs to meet, we include the following changes in this final rule: (1) We revised the issuance criteria at 50 CFR 17.22(d)(2)(ii) and 17.32(d)(2)(ii) to include language indicating that a CCAA must provide a net conservation benefit consistent with the CCAA policy. The previous version of the regulations simply referred to compliance with the CCAA policy and did not specify that a CCAA must provide a net conservation benefit. Our intent is to be more clear and transparent about the level of conservation effort required for each CCAA to be approved; this change also better aligns the regulations with the CCAA policy. In addition, these changes help to accomplish our goal of aligning the CCAA regulations with the SHA regulations. (2) In the draft regulations, we proposed revisions to the language on duration at 50 CFR 17.22(d)(8) and 17.32(d)(8) to include the full definition of ``net conservation benefit'' that we also included in the draft revised policy that was published in the Federal Register on the same date as the proposed regulations. To simplify these final regulations, we are not including the definition of net conservation benefit but state that the duration of a CCAA must be sufficient to provide a net conservation benefit to the covered species. The full definition of net conservation benefit is included in the final CCAA policy, which is published separately in today's Federal Register. As with the above changes to the issuance criteria, these changes to the duration section help to accomplish our goal of aligning the CCAA regulations with the SHA regulations. (3) We have made nonsubstantive editorial changes to the rule language at 50 CFR 17.22(d) and 17.32(d) to ensure consistent terminology and ease public understanding. Summary of Comments and Recommendations On May 4, 2016, we published a document in the Federal Register (81 FR 26769) that requested written comments and information from the public on the proposed revisions to the [[Page 95054]] CCAA regulations. In that same Federal Register, we also published draft revisions to the CCAA policy (86 FR 26817). Since the majority of comments we received pertained to the draft policy, we have summarized the comments on both the proposed regulations and policy in the final policy document, which is published separately in today's Federal Register. Purpose of Changes to Regulations at 50 CFR 17.22 and 17.32 We revised the CCAA regulations at 50 CFR 17.22(d) and 17.32(d) consistent with the revisions to the CCAA policy published separately in today's Federal Register. The regulation changes are to (1) include the term ``net conservation benefit'' to clarify the level of conservation effort that is necessary in order to issue a permit associated with a CCAA and (2) eliminate references to ``other necessary properties.'' Under the original policy and regulations from 1999, to approve a CCAA we had to ``determine that the benefits of the conservation measures implemented by a property owner under a CCAA, when combined with those benefits that would be achieved if it is assumed that conservation measures were also to be implemented on other necessary properties, would preclude or remove any need to list the covered species.'' This language had led some property owners to believe that the FWS expected each individual CCAA to provide enough conservation benefits to the species to remove any need to list the species. This confusion created by the hypothetical concept of conservation measures needing to be implemented on ``other necessary properties'' is why we are clarifying and revising the CCAA standard to require a net conservation benefit to the covered species specifically on the property to be enrolled and eliminating references to ``other necessary properties.'' In addition to clarifying the CCAA standard, through these changes we are also better aligning the CCAA regulations with the SHA regulations, as discussed above. In concert with the revisions to our CCAA policy, published elsewhere in today's Federal Register, these changes to the regulations will help reassure landowners participating in CCAAs that additional conservation measures above and beyond those contained in the CCAA will not be required, and that additional land, water, or resource use restrictions will not be imposed upon them should a species that resides on their property become listed in the future. Required Determinations Regulatory Planning and Review (Executive Orders 12866 and 13563) Executive Order 12866 provides that the Office of Management and Budget's Office of Information and Regulatory Affairs will review all significant rules. The Office of Information and Regulatory Affairs has determined that this rule is not significant. Executive Order 13563 reaffirms the principles of E.O. 12866 while calling for improvements in the nation's regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The executive order directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. E.O. 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed this rule in a manner consistent with these requirements. This rule is consistent with E.O. 13563, and in particular with the requirement of retrospective analysis of existing rules, designed ``to make the agency's regulatory program more effective or less burdensome in achieving the regulatory objectives.'' Regulatory Flexibility Act Under the Regulatory Flexibility Act (as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996; 5 U.S.C. 601 et seq.), whenever a Federal agency is required to publish a notice of rulemaking for any proposed or final rule, it must prepare, and make available for public comment, a regulatory flexibility analysis that describes the effect of the rule on small entities (i.e., small businesses, small organizations, and small government jurisdictions). However, no regulatory flexibility analysis is required if the head of an agency, or his or her designee, certifies that the rule will not have a significant economic impact on a substantial number of small entities. SBREFA amended the Regulatory Flexibility Act to require Federal agencies to provide a statement of the factual basis for certifying that a rule will not have a significant economic impact on a substantial number of small entities. We certify that this rule will not have a significant economic effect on a substantial number of small entities. The rule revises the regulations governing issuance of an enhancement-of-survival permit in conjunction with a CCAA to clarify-- but not change--current practice and does not place any new requirements on any non-Federal property owner that may seek to apply for approval of a CCAA. Paperwork Reduction Act of 1995 (PRA) This rule does not contain any new collections of information that require approval by the Office of Management and Budget (OMB) under the PRA (44 U.S.C. 3501 et seq.). This rule will not impose new recordkeeping or reporting requirements on State, local, or tribal governments; individuals; businesses; or organizations. OMB has reviewed and approved the application form that property owners use to apply for approval of a CCAA and associated enhancement-of-survival permit (Form 3-200-54) and assigned OMB Control Number 1018-0094, which expires January 31, 2017. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.) In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.): (a) On the basis of information contained in the Regulatory Flexibility Act section above, this rule would not ``significantly or uniquely'' affect small governments. We have determined and certify pursuant to the Unfunded Mandates Reform Act, 2 U.S.C. 1502, that this rule would not impose a cost of $100 million or more in any given year on local or State governments or private entities. A Small Government Agency Plan is not required. As explained above, small governments would not be affected because the rule would not place additional requirements on any city, county, or other local municipalities. (b) This rule would not produce a Federal mandate on State, local, or tribal governments or the private sector of $100 million or greater in any year; that is, this rule is not a ``significant regulatory action'' under the Unfunded Mandates Reform Act. This rule imposes no obligations on State, local, or tribal governments. Takings (E.O. 12630) In accordance with Executive Order 12630, this rule would not have significant takings implications. This [[Page 95055]] rule would not pertain to ``taking'' of private property interests, nor would it directly affect private property. A takings implication assessment is not required because this rule (1) would not effectively compel a property owner to suffer a physical invasion of property and (2) would not deny all economically beneficial or productive use of the land or aquatic resources. This rule would substantially advance a legitimate government interest (conservation and recovery of endangered and threatened species) and would not present a barrier to all reasonable and expected beneficial use of private property. Federalism (E.O. 13132) In accordance with Executive Order 13132, we have considered whether this rule would have significant Federalism effects and have determined that a federalism summary impact statement is not required. This rule pertains only to approving enhancement-of-survival permits in conjunction with a CCAA under the ESA, and would not have substantial direct effects on the States, on the relationship between the Federal Government and the States, or on the distribution of power and responsibilities among the various levels of government. Civil Justice Reform (E.O. 12988) This rule does not unduly burden the judicial system and meets the applicable standards provided in sections 3(a) and 3(b)(2) of E.O. 12988. This rule would clarify the issuance criteria for an enhancement-of-survival permit associated with a CCAA under the ESA. Government-to-Government Relationship With Tribes In accordance with the President's memorandum of April 29, 1994, ``Government-to-Government Relations with Native American Tribal Governments'' (59 FR 22951), Executive Order 13175, and the Department of the Interior's manual at 512 DM 2, we readily acknowledge our responsibility to communicate meaningfully with recognized Federal Tribes on a government-to-government basis. We have considered possible effects on federally recognized Indian tribes and have determined that there are no potential adverse effects of issuing this rule. Our intent is to provide clarity in regard to the net conservation benefit requirements for a CCAA to be approved, including any agreements in which Tribes may choose to participate. We will continue to keep our tribal obligations in mind as we implement this rule. National Environmental Policy Act We analyzed the regulations in accordance with the criteria of the National Environmental Policy Act (NEPA) (42 U.S.C. 4332(c)), the Council on Environmental Quality's Regulations for Implementing the Procedural Provisions of NEPA (40 CFR 1500-1508), and the Department of the Interior's NEPA procedures (516 DM 2 and 8; 43 CFR part 46) and determined that the regulations are categorically excluded from NEPA documentation requirements consistent with 40 CFR 1508.4 and 43 CFR 46.210(i). This categorical exclusion applies to policies, directives, regulations, and guidelines that are ``of an administrative, financial, legal, technical, or procedural nature.'' This action does not trigger an extraordinary circumstance, as outlined in 43 CFR 46.215, applicable to the categorical exclusion. Therefore, the regulations do not constitute a major Federal action significantly affecting the quality of the human environment. Energy Supply, Distribution or Use (E.O. 13211) Executive Order 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. This rule is not expected to affect energy supplies, distribution, or use. Therefore, this action is not a significant energy action, and no Statement of Energy Effects is required. List of Subjects in 50 CFR Part 17 Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation. Regulation Promulgation Accordingly, we hereby amend part 17, subchapter B of chapter I, title 50 of the Code of Federal Regulations, as set forth below: PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS 0 1. The authority citation for part 17 continues to read as follows: Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, unless otherwise noted. 0 2. Amend Sec. 17.22 as follows: 0 a. In paragraph (d)(1), introductory text, at the end of the heading, add ``(CCAAs)'' before the period and, in the second full sentence, remove ``Candidate Conservation Agreement with Assurances'' and add in its place ``CCAA''; 0 b. In paragraphs (d)(1)(iii) and (d)(2)(i), remove ``Candidate Conservation Agreement'' and add in its place ``CCAA''; 0 c. Revise paragraph (d)(2)(ii) to read as set forth below; 0 d. In paragraphs (d)(2)(iv) through (vi), (d)(3)(i) and (iii), and (d)(4), remove ``Candidate Conservation Agreement'' each time it appears and add in their place ``CCAA''; 0 e. In paragraph (d)(5), introductory text, and paragraph (d)(6), remove ``Candidate Conservation with Assurances Agreement'' each time it appears and add in their place ``CCAA''; and 0 f. Revise paragraph (d)(8) to read as set forth below: Sec. 17.22 Permits for scientific purposes, enhancement of propagation or survival, or for incidental taking. * * * * * (d) * * * (2) * * * (ii) The implementation of the terms of the CCAA is reasonably expected to provide a net conservation benefit to the affected covered species by contributing to the conservation of the species included in the permit, and the CCAA otherwise complies with the Candidate Conservation Agreement with Assurances policy available from the Service; * * * * * (8) Duration. The duration of a CCAA covered by a permit issued under this paragraph (d) must be sufficient to achieve a net conservation benefit to the species covered by the permit and the Agreement and otherwise comply with the Candidate Conservation Agreement with Assurances policy available from the Service. * * * * * 0 3. Amend Sec. 17.32 as follows: 0 a. In paragraph (d)(1), introductory text, at the end of the heading, add ``(CCAAs)'' before the period and, in the second full sentence, remove ``Candidate Conservation Agreement with Assurances'' and add in its place ``CCAA''; 0 b. In paragraphs (d)(1)(iii) and (d)(2)(i), remove ``Candidate Conservation Agreement'' and add in its place ``CCAA''; 0 c. Revise paragraph (d)(2)(ii) to read as set forth below; 0 d. In paragraphs (d)(2)(iv) through (vi), (d)(3)(i) and (iii), and (d)(4), remove ``Candidate Conservation Agreement'' each time it appears and add in their place ``CCAA''; 0 e. In paragraph (d)(5), introductory text, and paragraph (d)(6), remove ``Candidate Conservation with Assurances Agreement'' each time it [[Page 95056]] appears and add in their place ``CCAA''; and 0 f. Revise paragraph (d)(8) to read as set forth below: Sec. 17.32 Permits--general. * * * * * (d) * * * (2) * * * (ii) The implementation of the terms of the CCAA is reasonably expected to provide a net conservation benefit to the affected covered species by contributing to the conservation of the species included in the permit, and the CCAA otherwise complies with the Candidate Conservation Agreement with Assurances policy available from the Service; * * * * * (8) Duration. The duration of a CCAA covered by a permit issued under this paragraph (d) must be sufficient to achieve a net conservation benefit to the species covered by the permit and the Agreement and otherwise comply with the Candidate Conservation Agreement with Assurances policy available from the Service. Dated: December 20, 2016. Daniel M. Ashe, Director, U.S. Fish and Wildlife Service. [FR Doc. 2016-31060 Filed 12-23-16; 8:45 am] BILLING CODE 4333-15-P
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DEPARTMENT OF THE INTERIOR 1531 et seq.). The benefits of such policy (86 FR 26817). We accepted
conservation actions may contribute to public comments on the draft policy
Fish and Wildlife Service not needing to list a species, to list a and proposed regulations until July 5,
species as threatened instead of 2016. The comments we received are
50 CFR Part 17 endangered, or to accelerate the species’ available at http://www.regulations.gov
recovery if it is listed. The FWS put in under Docket No. FWS–HQ–ES–2015–
[Docket No. FWS–HQ–ES–2015–0171;
FF09E40000 167 FXES11150900000]
place a voluntary conservation program 0171.
to provide incentives for non-Federal
Changes From the Proposed Rule
RIN 1018–BB25 property owners to develop and
implement conservation plans for Based on comments we received on
Endangered and Threatened Wildlife unlisted species: Candidate the proposed rule and to further clarify
and Plants; Revisions to the Conservation Agreements with the level of conservation effort a CCAA
Regulations for Candidate Assurances (CCAAs). On June 17, 1999, needs to meet, we include the following
Conservation Agreements With the policy for this type of agreement (64 changes in this final rule:
Assurances FR 32726) and implementing (1) We revised the issuance criteria at
regulations in part 17 of title 50 of the 50 CFR 17.22(d)(2)(ii) and 17.32(d)(2)(ii)
AGENCY: U.S. Fish and Wildlife Service to include language indicating that a
Code of Federal Regulations (CFR) (64
(FWS), Interior. CCAA must provide a net conservation
FR 32706) were made final. On May 3,
ACTION: Final rule. 2004, we published a final rule (69 FR benefit consistent with the CCAA
24084) to revise the CCAA regulations policy. The previous version of the
SUMMARY: We, the U.S. Fish and regulations simply referred to
to make them easier to understand and
Wildlife Service (FWS), revise the compliance with the CCAA policy and
implement by, among other things,
regulations concerning enhancement-of- did not specify that a CCAA must
defining ‘‘property owner’’ and by
survival permits issued under the provide a net conservation benefit. Our
clarifying several points, including the
Endangered Species Act of 1973, as intent is to be more clear and
transfer of permits, permit revocation,
amended (ESA), associated with transparent about the level of
and advanced notification of take.
Candidate Conservation Agreements To participate in a CCAA, non- conservation effort required for each
with Assurances. We added the term Federal property owners agree to CCAA to be approved; this change also
‘‘net conservation benefit’’ to the implement specific conservation actions better aligns the regulations with the
Candidate Conservation Agreements on their land that reduce or eliminate CCAA policy. In addition, these changes
with Assurances regulations, and threats to the species that are covered help to accomplish our goal of aligning
eliminated references to ‘‘other under the agreement. An ESA section the CCAA regulations with the SHA
necessary properties’’ to clarify the level 10(a)(1)(A) Enhancement-of-survival regulations.
of conservation effort we require each permit is issued to the agreement (2) In the draft regulations, we
agreement to include in order for us to participant providing a specific level of proposed revisions to the language on
approve a Candidate Conservation incidental take coverage should the duration at 50 CFR 17.22(d)(8) and
Agreement with Assurances. We also property owner’s agreed-upon 17.32(d)(8) to include the full definition
made these changes to the Candidate conservation actions and routine of ‘‘net conservation benefit’’ that we
Conservation Agreement with property management actions (e.g., also included in the draft revised policy
Assurances policy in a separate agricultural, ranching, or forestry that was published in the Federal
document published in today’s Federal activities) result in take of the covered Register on the same date as the
Register. species, if listed. Property owners proposed regulations. To simplify these
DATES: This rule is effective on January receive assurances that they will not be final regulations, we are not including
26, 2017. required to undertake any conservation the definition of net conservation
ADDRESSES: This final rule is available actions other than those agreed to if new benefit but state that the duration of a
on the Internet at http:// information indicates that additional or CCAA must be sufficient to provide a
www.regulations.gov at Docket Number revised conservation measures are net conservation benefit to the covered
FWS–HQ–ES–2015–0171. Comments needed for the species, and they will not species. The full definition of net
and materials received, as well as be subject to additional resource use or conservation benefit is included in the
supporting documentation used in the land-use restrictions. final CCAA policy, which is published
preparation of this rule, are also Based on our experience reviewing separately in today’s Federal Register.
available at the same location on the and approving CCAAs over the past 16 As with the above changes to the
Internet. years, on May 4, 2016 (81 FR 26769), we issuance criteria, these changes to the
proposed to change the regulations that duration section help to accomplish our
FOR FURTHER INFORMATION CONTACT: Jeff clarify the level of conservation effort goal of aligning the CCAA regulations
Newman, Chief, Division of Recovery each agreement needs to include in with the SHA regulations.
and Restoration, U.S. Fish and Wildlife order for FWS to approve an agreement (3) We have made nonsubstantive
Service Headquarters, MS: ES, 5275 and issue a permit. In addition to the editorial changes to the rule language at
Leesburg Pike, Falls Church, VA 22041– clarification of the CCAA regulations, 50 CFR 17.22(d) and 17.32(d) to ensure
3803; telephone 703–358–2171. we also sought to better align the CCAA consistent terminology and ease public
SUPPLEMENTARY INFORMATION: regulations with the Safe Harbor understanding.
asabaliauskas on DSK3SPTVN1PROD with RULES
Agreement (SHA) regulations. Safe
Background Harbor Agreements are a conservation Summary of Comments and
Through its Candidate Conservation tool for non-federal property owners Recommendations
Program, one of the FWS’s goals is to that aid in recovery of listed species that On May 4, 2016, we published a
encourage the public to voluntarily are similar to CCAAs in that they also document in the Federal Register (81
develop and implement conservation require a net conservation benefit. On FR 26769) that requested written
plans for declining species prior to them May 4, 2016, we also published in the comments and information from the
being listed under the ESA (16 U.S.C. Federal Register a draft revised CCAA public on the proposed revisions to the
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![95056 Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Rules and Regulations
appears and add in their place ‘‘CCAA’’; for use in shrimp trawls in the exclusive of the forms included in the appendices
and economic zone (EEZ) in the Gulf of to BRD Manual obsolete. NMFS has
■ f. Revise paragraph (d)(8) to read as set Mexico (Gulf) and South Atlantic. The removed the applicable forms and
forth below: changes to the BRD Manual remove revised the text within the BRD Manual
outdated or obsolete data collection to remove references to those forms. In
§ 17.32 Permits—general. forms previously appended to the BRD addition, this final rule revises the
* * * * * Manual, and revise the text to make instructions to state the required
(d) * * * several procedural steps outlined in the information that an applicant must
(2) * * * BRD Manual clearer and easier to submit for the testing and certification
(ii) The implementation of the terms understand. The purpose of these process. This information was
of the CCAA is reasonably expected to revisions is to increase understanding of previously on the now obsolete forms.
provide a net conservation benefit to the the BRD certification protocols. Last, NMFS has revised the BRD Manual
affected covered species by contributing DATES: This final rule is effective to use consistent terms.
to the conservation of the species January 26, 2017. The changes to the BRD Manual were
included in the permit, and the CCAA ADDRESSES: For the complete BRD presented to the Gulf and South Atlantic
otherwise complies with the Candidate Manual, contact the Southeast Regional Councils for their consideration and no
Conservation Agreement with Office, Sustainable Fisheries Division at substantive comments were received
Assurances policy available from the 727–824–5305, or download the BRD from either Council regarding these
Service; Manual from the Southeast Regional administrative changes.
* * * * * Office Web site at http:// These changes to management
(8) Duration. The duration of a CCAA sero.nmfs.noaa.gov/sustainable_ measures do not add to or change any
covered by a permit issued under this fisheries/gulf_fisheries/shrimp/brd/ existing Federal regulations. Therefore,
paragraph (d) must be sufficient to index.html. no codified text is associated with these
achieve a net conservation benefit to the changes to management measures.
FOR FURTHER INFORMATION CONTACT:
species covered by the permit and the Susan Gerhart, NMFS Southeast Comments and Responses
Agreement and otherwise comply with Regional Office, telephone: 727–824– No comments were received on either
the Candidate Conservation Agreement 5305, email: susan.gerhart@noaa.gov. the BRD Manual or the proposed rule.
with Assurances policy available from
SUPPLEMENTARY INFORMATION: The
the Service. shrimp fishery in the Gulf EEZ is Classification
Dated: December 20, 2016. managed under the Gulf FMP. The Gulf The Regional Administrator for the
Daniel M. Ashe, FMP was prepared by the Gulf of NMFS Southeast Region has determined
Director, U.S. Fish and Wildlife Service. Mexico Fishery Management Council that this final rule is consistent with the
[FR Doc. 2016–31060 Filed 12–23–16; 8:45 am] (Gulf Council) and is implemented by Gulf and South Atlantic FMPs, the
BILLING CODE 4333–15–P NMFS under the authority of the Magnuson-Stevens Act, and other
Magnuson-Stevens Fishery applicable laws.
Conservation and Management Act This final rule has been determined to
(Magnuson-Stevens Act) by regulations be not significant for purposes of
DEPARTMENT OF COMMERCE Executive Order 12866.
at 50 CFR part 622.
The shrimp fishery in the South The Magnuson-Stevens Act provides
National Oceanic and Atmospheric the statutory basis for this rule. No
Administration Atlantic EEZ is managed under the FMP
for the Shrimp Fishery of the South duplicative, overlapping, or conflicting
Atlantic Region (South Atlantic FMP). Federal rules have been identified. In
50 CFR Part 622 addition, no new reporting, record-
The South Atlantic FMP was prepared
[Docket No. 160815740–6740–01] by the South Atlantic Fishery keeping, or other compliance
Management Council (South Atlantic requirements are introduced by this
RIN 0648–BG28–X final rule.
Council) and is implemented by NMFS
under the authority of the Magnuson- The Chief Counsel for Regulation of
Fisheries of the Caribbean, Gulf of the Department of Commerce certified
Mexico, and South Atlantic; Shrimp Stevens Act by regulations at 50 CFR
part 622. to the Chief Counsel for Advocacy of the
Fishery of the Gulf of Mexico; Revision Small Business Administration during
of Bycatch Reduction Device Testing On September 29, 2016, NMFS
published a proposed rule for the the proposed rule stage that this rule
Manual would not have a significant economic
revisions to the BRD Manual and
AGENCY: National Marine Fisheries requested public comment (81 FR impact on a substantial number of small
Service (NMFS), National Oceanic and 66912). The proposed rule outlines the entities. The factual basis for this
Atmospheric Administration (NOAA), rationale for the action contained in this determination was published in the
Commerce. final rule. A summary of the BRD proposed rule and is not repeated here.
ACTION: Final rule. Manual revisions implemented by this No comments were received regarding
final rule is provided below. the certification and NMFS has not
SUMMARY: In accordance with the The BRD Manual contains procedures received any new information that
framework procedures for adjusting for the testing and certification process would affect its determination. As a
asabaliauskas on DSK3SPTVN1PROD with RULES
management measures of the Fishery of BRDs required for use in shrimp result, a final regulatory flexibility
Management Plan for the Shrimp trawls in the Gulf and South Atlantic analysis is not required and none was
Fishery of the Gulf of Mexico (Gulf EEZs. NMFS has revised some text and prepared.
FMP), NMFS makes administrative instructions in the BRD Manual to make ■ The BRD Manual published as an
revisions to the Bycatch Reduction the manual clearer and easier to appendix to a final rule published in the
Device Testing Manual (BRD Manual). understand. Over time, the various data Federal Register on February 13, 2008
The BRD Manual contains procedures collection forms used by NMFS have (73 FR 8219, February 13, 2008), is
for the testing and certification of BRDs been revised or discarded, making many revised to read as follows.
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Document Created: 2018-02-14 09:14:07
Document Modified: 2018-02-14 09:14:07
| 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 on January 26, 2017. | |
| Contact | Jeff Newman, Chief, Division of Recovery and Restoration, U.S. Fish and Wildlife Service Headquarters, MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041-3803; telephone 703- 358-2171. | |
| FR Citation | 81 FR 95053 | |
| RIN Number | 1018-BB25 | |
| CFR Associated | Endangered and Threatened Species; Exports; Imports; Reporting and Recordkeeping Requirements and Transportation |
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