82 FR 11156 - Snapper-Grouper Fishery Off the Southern Atlantic States; Regulatory Amendment 16; Technical Amendment
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 33 (February 21, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 33 (February 21, 2017)
| Page Range | 11156-11157 | |
| FR Document | 2017-03291 |
[Federal Register Volume 82, Number 33 (Tuesday, February 21, 2017)] [Rules and Regulations] [Pages 11156-11157] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-03291] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 131113952-7147-03] RIN 0648-BD78 Snapper-Grouper Fishery Off the Southern Atlantic States; Regulatory Amendment 16; Technical Amendment AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; technical amendment. ----------------------------------------------------------------------- SUMMARY: NMFS is hereby making a technical amendment to our regulations without altering the substance of the regulations. These changes will clarify our regulations to make them more easily understood by the public. As a result of a previously published final rule to implement Regulatory Amendment 16 to the Fishery Management Plan for the Snapper- Grouper Fishery of the South Atlantic Region (FMP), that published in the Federal Register on December 29, 2016, NMFS has identified a section of the regulations for black sea bass pot commercial trip limits in need of clarification. This rule does not make any substantive changes to the regulations governing South Atlantic snapper-grouper or to other species managed by NMFS. DATES: This final rule is effective February 21, 2017. ADDRESSES: Electronic copies of Regulatory Amendment 16, which includes an environmental impact statement, a Regulatory Flexibility Act analysis, and a regulatory impact review, may be obtained from the Southeast Regional Office Web site at https://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/sg/2013/reg_am16/index.html. FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, 727-824-5305; email: [email protected]. SUPPLEMENTARY INFORMATION: Black sea bass is in the snapper-grouper fishery and is managed under the FMP. The FMP was prepared by the Council and [[Page 11157]] is implemented through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). On December 29, 2016, NMFS published the final rule for Regulatory Amendment 16 (81 FR 95893). The final rule for Regulatory Amendment 16 revised the seasonal prohibition on the use of black sea bass pot gear in the South Atlantic and added an additional gear marking requirement for black sea bass pot gear. The purpose of that final rule was to reduce the adverse socioeconomic impacts from the previous seasonal black sea bass pot gear prohibition while continuing to protect Endangered Species Act listed North Atlantic right whales in the South Atlantic. That final rule also required additional gear markings to help identify black sea bass pot gear in the South Atlantic. This technical amendment to that final rule clarifies that black sea bass pot commercial trip limits are meant to be in effect year-round. Background On June 1, 2012, NMFS published the final rule for Amendment 18A to the FMP (77 FR 32408). Among the measures in Amendment 18A was the establishment of a year-round commercial trip limit of 1,000 lb (454 kg), gutted weight; 1,180 lb (535 kg), round weight. On September 23, 2013, NMFS published the final rule for Regulatory Amendment 19 to the FMP (78 FR 58249). Regulatory Amendment 19 established an annual prohibition on the use of black sea bass pot gear from November through April. On November 7, 2014, NMFS published the final rule for Regulatory Amendment 14 to the FMP (79 FR 66316). One of the measures implemented through Regulatory Amendment 14 was the establishment of a 300 lb (136- kg), gutted weight; 354 lb (161 kg), round weight, commercial trip limit for the black sea bass hook-and-line component in the South Atlantic from January 1 through April 30, each year. In addition, NMFS changed the commercial trip limit for the black sea bass pot component from year-round to May 1 through October 31, each year. The intent of referencing the May through October dates for the black sea bass pot commercial trip limit was because at that time, May through October was the only time period that pots could be fished. The final rule for Regulatory Amendment 14 simply clarified the seasonal differences in commercial trip limits among the different black sea bass gear components (pots and hook-and-line) in the commercial sector. The final rule for Regulatory Amendment 16 revised the black sea bass pot seasonal prohibition. As of December 29, 2016, sea bass pots are allowed to be fished year-round in specific areas in the South Atlantic. During the development of the rulemaking to implement Regulatory Amendment 16, NMFS inadvertently did not revise the relevant regulatory text to correctly reference that the commercial trip limits for black sea bass fishers are meant to be in effect year-round. However, the South Atlantic Fishery Management Council's stated intent in Regulatory Amendment 16 was to retain the 1,000 lb (454 kg), gutted weight; 1,180 lb (535 kg), round weight, year-round commercial trip limit for the black sea bass pot sector originally implemented in 2012. Correction Currently, the regulations at Sec. 622.191(a)(8)(ii) contain a reference that the 1,000 lb (454 kg), gutted weight; 1,180 lb (535 kg), round weight, commercial trip limit is only applicable from May 1 through October 31. The May 1 through October 31 condition was added to clarify the seasonal differences in commercial trip limits among the hook-and-line and black sea bass pot components in the commercial sector. As currently written, the regulations at Sec. 622.191(a)(8)(ii) incorrectly have no commercial trip limit in place from November 1 through April 30. As had been described in Regulatory Amendment 16, the intent by NMFS and the South Atlantic Fishery Management Council was for the commercial trip limit for sea bass pots to be in effect year-round. This technical amendment corrects the text within Sec. 622.191(a)(8)(ii) to accurately state that the black sea bass pot trip limit is in effect year-round. Classificationr The Regional Administrator, Southeast Region, NMFS, has determined this final rule is necessary for the conservation and management of South Atlantic black sea bass and is consistent with the Magnuson- Stevens Act and other applicable laws. This final rule has been determined to be not significant for the purposes of Executive Order 12866. The Assistant Administrator for Fisheries, NOAA (AA), finds that the need to immediately implement this regulatory clarification constitutes good cause to waive the requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth in 5 U.S.C. 553(b)(B) of the Administrative Procedure Act (APA), because prior notice and opportunity for public comment on this final rule is unnecessary and contrary to the public interest. Such procedures are unnecessary and contrary to the public interest, because the rules establishing the commercial trip limits and the seasonal closures have already been subject to notice and comment and not immediately correcting the regulatory text would result in confusion and uncertainty for the affected entities. For the aforementioned reasons, the AA also finds good cause to waive the 30-day delay in the effectiveness of this action under 5 U.S.C. 553(d)(3). These measures are thus exempt from the procedures of the Regulatory Flexibility Act because prior notice and comment have been waived under the APA. List of Subjects in 50 CFR Part 622 Black sea bass, Commercial trip limits, Fisheries, Fishing, South Atlantic. Dated: February 14, 2017. Alan D. Risenhoover, Acting Deputy Assistant Administrator for Regulatory Programs, 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. 622.191, revise paragraph (a)(8)(ii) to read as follows: Sec. 622.191 Commercial trip limits. * * * * * (a) * * * (8) * * * (ii) Sea bass pot component. Until the applicable quota specified in Sec. 622.190(a)(5) is reached--1,000 lb (454 kg), gutted weight; 1,180 lb (535 kg), round weight. * * * * * [FR Doc. 2017-03291 Filed 2-17-17; 8:45 am] BILLING CODE 3510-22-P
![11156 Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Rules and Regulations
FEDERAL COMMUNICATIONS not only the proposed updated Federal Communications Commission.
COMMISSION categories and prices for the Barbara A. Kreisman,
reimbursement expenses listed, but also Chief, Video Division, Media Bureau.
47 CFR Part 73 adopts an economic methodology to [FR Doc. 2017–03174 Filed 2–17–17; 8:45 am]
[GN Docket No. 12–268; MB Docket No. 16– update the prices in the Catalog BILLING CODE 6712–01–P
306; DA 17–154] throughout the three-year
reimbursement period so that they
Incentive Auction Task Force and accurately reflect the current market for DEPARTMENT OF COMMERCE
Media Bureau Finalize Catalog of the equipment and services listed in the
Reimbursement Expenses Catalog. The Catalog that the Incentive National Oceanic and Atmospheric
AGENCY: Federal Communications Auction Task Force and the Media Administration
Commission. Bureau adopt will be embedded in the
on-line Reimbursement Form (FCC 50 CFR Part 622
ACTION: Final action; requirements and
procedures. Form 2100, Schedule 399) which will be [Docket No. 131113952–7147–03]
used by entities seeking reimbursement
RIN 0648–BD78
SUMMARY: In this document the to file estimated costs and
Incentive Auction Task Force and the reimbursement claims for the costs they Snapper-Grouper Fishery Off the
Media Bureau of the Federal actually incur. The Reimbursement Southern Atlantic States; Regulatory
Communications Commission Form is a web-based electronic form Amendment 16; Technical Amendment
(Commission) adopts: Updates to the containing previously approved
categories of eligible equipment and information collections (under existing AGENCY: National Marine Fisheries
services, as well as updated baseline OMB control number 3060–1178). The Service (NMFS), National Oceanic and
costs, in the catalog of eligible Commission previously sought, and, on Atmospheric Administration (NOAA),
reimbursement expenses (Catalog); an Commerce.
March 17, 2016, obtained OMB approval
economic methodology for adjusting the ACTION: Final rule; technical
for the information collection
Catalog’s baseline costs annually such amendment.
requirements contained in the
that they remain accurate, by using the
Bureau of Labor Statistics’ Producer Reimbursement Form, which became SUMMARY: NMFS is hereby making a
Price Index, WPUFD4 series; and effective on March 24, 2016, for a period technical amendment to our regulations
revisions to the online Reimbursement of three years. (See Expanding the without altering the substance of the
Form to incorporate the updates to the Economic and Innovation Opportunities regulations. These changes will clarify
Catalog, which will be embedded in the of Spectrum Through Incentive our regulations to make them more
Reimbursement Form, as well as other Auctions, 81 FR 15649, Vol. 81, No. 57 easily understood by the public. As a
features, including checkboxes for (Mar. 24, 2016)). Because the Catalog result of a previously published final
entities to indicate if they are seeking will be embedded within the rule to implement Regulatory
upgrades or partial payment requests, Reimbursement Form, available via the Amendment 16 to the Fishery
which are designed to make it more Commission’s Licensing and Management Plan for the Snapper-
user-friendly. Management System (LMS), we now Grouper Fishery of the South Atlantic
DATES: February 21, 2017. resubmit the Reimbursement Form to Region (FMP), that published in the
the Office of Management and Budget Federal Register on December 29, 2016,
ADDRESSES: Copies of any comments on
(OMB) for approval under the NMFS has identified a section of the
the Paperwork Reduction Act
Paperwork Reduction Act (PRA) of the regulations for black sea bass pot
information collection requirements
incremental changes resulting from the commercial trip limits in need of
contained herein should be submitted to
Catalog’s updates, as well as other clarification. This rule does not make
Cathy Williams, Federal
minor modifications made to the any substantive changes to the
Communications Commission, 445 12th
regulations governing South Atlantic
Street SW., Washington, DC 20554, or Reimbursement Form that are designed
snapper-grouper or to other species
by email to PRA@fcc.gov and to make it more user-friendly and assist
managed by NMFS.
Cathy.Williams@fcc.gov. filers in describing their claims. For
DATES: This final rule is effective
FOR FURTHER INFORMATION CONTACT: example, we have added check boxes
February 21, 2017.
Pamela Gallant, 202–418–0614, or that allow entities to easily indicate if
Raphael Sznajder, 202–418–1648, of the they are seeking optional equipment ADDRESSES: Electronic copies of
Media Bureau, Video Division. upgrades or requesting partial payment Regulatory Amendment 16, which
of particular expenses. The public will includes an environmental impact
SUPPLEMENTARY INFORMATION: With the
now have an opportunity to comment statement, a Regulatory Flexibility Act
assistance of a third-party contractor, analysis, and a regulatory impact
Widelity, Inc., and based on the record on these modifications to the data
review, may be obtained from the
to date, the Media Bureau has collections in the Reimbursement Form.
Southeast Regional Office Web site at
developed, updated, and now adopted This is a summary of the FCC’s https://sero.nmfs.noaa.gov/sustainable_
an updated catalog of eligible document GN Docket No. 12–268; MB fisheries/s_atl/sg/2013/reg_am16/
reimbursement expenses (Catalog) for Docket No. 16–306; DA 17–154 index.html.
reimbursement-eligible entities to use (released Feb. 9, 2017). The full text of
for reference during the post-incentive FOR FURTHER INFORMATION CONTACT:
rmajette on DSK2TPTVN1PROD with RULES
this document is available for
auction transition. The Catalog is not inspection and copying during normal Nikhil Mehta, 727–824–5305; email:
exhaustive, but rather a tool to facilitate business hours in the FCC Reference nikhil.mehta@noaa.gov.
the process for reimbursement-eligible Center (Room CY–A257), 445 12th SUPPLEMENTARY INFORMATION: Black sea
entities to claim reimbursement on the Street SW., Washington, DC 20554. bass is in the snapper-grouper fishery
Reimbursement Form. This Public and is managed under the FMP. The
Notice (available at: DA 17–154), adopts FMP was prepared by the Council and
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![Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Rules and Regulations 11157
is implemented through regulations at different black sea bass gear components public comment pursuant to the
50 CFR part 622 under the authority of (pots and hook-and-line) in the authority set forth in 5 U.S.C. 553(b)(B)
the Magnuson-Stevens Fishery commercial sector. of the Administrative Procedure Act
Conservation and Management Act The final rule for Regulatory (APA), because prior notice and
(Magnuson-Stevens Act). Amendment 16 revised the black sea opportunity for public comment on this
On December 29, 2016, NMFS bass pot seasonal prohibition. As of final rule is unnecessary and contrary to
published the final rule for Regulatory December 29, 2016, sea bass pots are the public interest. Such procedures are
Amendment 16 (81 FR 95893). The final allowed to be fished year-round in unnecessary and contrary to the public
rule for Regulatory Amendment 16 specific areas in the South Atlantic.
interest, because the rules establishing
revised the seasonal prohibition on the During the development of the
the commercial trip limits and the
use of black sea bass pot gear in the rulemaking to implement Regulatory
South Atlantic and added an additional Amendment 16, NMFS inadvertently seasonal closures have already been
gear marking requirement for black sea did not revise the relevant regulatory subject to notice and comment and not
bass pot gear. The purpose of that final text to correctly reference that the immediately correcting the regulatory
rule was to reduce the adverse commercial trip limits for black sea bass text would result in confusion and
socioeconomic impacts from the fishers are meant to be in effect year- uncertainty for the affected entities.
previous seasonal black sea bass pot round. However, the South Atlantic For the aforementioned reasons, the
gear prohibition while continuing to Fishery Management Council’s stated AA also finds good cause to waive the
protect Endangered Species Act listed intent in Regulatory Amendment 16 was 30-day delay in the effectiveness of this
North Atlantic right whales in the South to retain the 1,000 lb (454 kg), gutted action under 5 U.S.C. 553(d)(3).
Atlantic. That final rule also required weight; 1,180 lb (535 kg), round weight,
additional gear markings to help These measures are thus exempt from
year-round commercial trip limit for the
identify black sea bass pot gear in the the procedures of the Regulatory
black sea bass pot sector originally
South Atlantic. This technical implemented in 2012. Flexibility Act because prior notice and
amendment to that final rule clarifies comment have been waived under the
that black sea bass pot commercial trip Correction APA.
limits are meant to be in effect year- Currently, the regulations at List of Subjects in 50 CFR Part 622
round. § 622.191(a)(8)(ii) contain a reference
that the 1,000 lb (454 kg), gutted weight; Black sea bass, Commercial trip
Background
1,180 lb (535 kg), round weight, limits, Fisheries, Fishing, South
On June 1, 2012, NMFS published the commercial trip limit is only applicable Atlantic.
final rule for Amendment 18A to the from May 1 through October 31. The
FMP (77 FR 32408). Among the May 1 through October 31 condition Dated: February 14, 2017.
measures in Amendment 18A was the was added to clarify the seasonal Alan D. Risenhoover,
establishment of a year-round differences in commercial trip limits Acting Deputy Assistant Administrator for
commercial trip limit of 1,000 lb (454 among the hook-and-line and black sea Regulatory Programs, National Marine
kg), gutted weight; 1,180 lb (535 kg), bass pot components in the commercial Fisheries Service.
round weight. sector. As currently written, the
On September 23, 2013, NMFS For the reasons set out in the
regulations at § 622.191(a)(8)(ii)
published the final rule for Regulatory preamble, 50 CFR part 622 is amended
incorrectly have no commercial trip
Amendment 19 to the FMP (78 FR as follows:
limit in place from November 1 through
58249). Regulatory Amendment 19 April 30. As had been described in
established an annual prohibition on the PART 622—FISHERIES OF THE
Regulatory Amendment 16, the intent
use of black sea bass pot gear from CARIBBEAN, GULF OF MEXICO, AND
by NMFS and the South Atlantic
November through April. SOUTH ATLANTIC
Fishery Management Council was for
On November 7, 2014, NMFS the commercial trip limit for sea bass
published the final rule for Regulatory pots to be in effect year-round. ■ 1. The authority citation for part 622
Amendment 14 to the FMP (79 FR This technical amendment corrects continues to read as follows:
66316). One of the measures the text within § 622.191(a)(8)(ii) to Authority: 16 U.S.C. 1801 et seq.
implemented through Regulatory accurately state that the black sea bass
Amendment 14 was the establishment pot trip limit is in effect year-round. ■ 2. In § 622.191, revise paragraph
of a 300 lb (136-kg), gutted weight; 354 (a)(8)(ii) to read as follows:
lb (161 kg), round weight, commercial Classification
trip limit for the black sea bass hook- The Regional Administrator, § 622.191 Commercial trip limits.
and-line component in the South Southeast Region, NMFS, has * * * * *
Atlantic from January 1 through April determined this final rule is necessary (a) * * *
30, each year. In addition, NMFS for the conservation and management of
changed the commercial trip limit for South Atlantic black sea bass and is (8) * * *
the black sea bass pot component from consistent with the Magnuson-Stevens (ii) Sea bass pot component. Until the
year-round to May 1 through October Act and other applicable laws. applicable quota specified in
31, each year. The intent of referencing This final rule has been determined to § 622.190(a)(5) is reached—1,000 lb (454
the May through October dates for the be not significant for the purposes of kg), gutted weight; 1,180 lb (535 kg),
black sea bass pot commercial trip limit
rmajette on DSK2TPTVN1PROD with RULES
Executive Order 12866. round weight.
was because at that time, May through The Assistant Administrator for
October was the only time period that Fisheries, NOAA (AA), finds that the * * * * *
[FR Doc. 2017–03291 Filed 2–17–17; 8:45 am]
pots could be fished. The final rule for need to immediately implement this
BILLING CODE 3510–22–P
Regulatory Amendment 14 simply regulatory clarification constitutes good
clarified the seasonal differences in cause to waive the requirements to
commercial trip limits among the provide prior notice and opportunity for
VerDate Sep<11>2014 14:42 Feb 17, 2017 Jkt 241001 PO 00000 Frm 00027 Fmt 4700 Sfmt 9990 E:\FR\FM\21FER1.SGM 21FER1](https://thefederalregister.org/doc/82_FR_11189/page/2.svg)
Document Created: 2018-02-01 15:04:34
Document Modified: 2018-02-01 15:04:34
| 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; technical amendment. | |
| Dates | This final rule is effective February 21, 2017. | |
| Contact | Nikhil Mehta, 727-824-5305; email: [email protected] | |
| FR Citation | 82 FR 11156 | |
| RIN Number | 0648-BD78 | |
| CFR Associated | Black Sea Bass; Commercial Trip Limits; Fisheries; Fishing and South Atlantic |
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