82 FR 12187 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region; Framework Amendment 5
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 39 (March 1, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 39 (March 1, 2017)
| Page Range | 12187-12189 | |
| FR Document | 2017-04003 |
[Federal Register Volume 82, Number 39 (Wednesday, March 1, 2017)] [Proposed Rules] [Pages 12187-12189] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04003] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 161222999-7145-01] RIN 0648-BG56 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region; Framework Amendment 5 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. ----------------------------------------------------------------------- SUMMARY: NMFS proposes to implement management measures described in Framework Amendment 5 to the Fishery Management Plan for the Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region (FMP) as prepared and submitted jointly by the Gulf of Mexico Fishery Management Council and South Atlantic Fishery Management Council (Councils). If implemented, this proposed rule would remove the restriction on fishing for, or retaining the recreational bag and possession limits of, king and Spanish [[Page 12188]] mackerel on a vessel with a Federal commercial permit for king or Spanish mackerel when the vessel is on a private recreational fishing trip and commercial harvest of king or Spanish mackerel in a zone or region is closed. The purpose of this proposed rule is to remove Federal permit restrictions unique to commercially permitted king and Spanish mackerel vessels and to standardize vessel permit restrictions applicable after a commercial quota closure of king or Spanish mackerel. DATES: Written comments must be received by March 31, 2017. ADDRESSES: You may submit comments on the proposed rule, identified by ``NOAA-NMFS-2016-0162'' by either of the following methods:Electronic Submission: Submit all electronic comments via the Federal Rulemaking Portal. Go to www.regulations.gov, click the ``Comment Now!'' icon, complete the required fields, and enter your attached comments. Mail: Submit all written comments to Rich Malinowski, NMFS Southeast Regional Office (SERO), 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 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), 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 required fields if you wish to remain anonymous). Electronic copies of the Framework Amendment 5, which includes an environmental assessment, Regulatory Flexibility Act (RFA) analysis, and a regulatory impact review, may be obtained from www.regulations.gov or the SERO Web site at http://sero.nmfs.noaa.gov. FOR FURTHER INFORMATION CONTACT: Rich Malinowski, Southeast Regional Office, NMFS, telephone: 727-824-5305, or email: [email protected]. SUPPLEMENTARY INFORMATION: The coastal migratory pelagic fishery of the Gulf and Atlantic regions is managed under the FMP and includes the management of the Gulf and Atlantic migratory groups of king mackerel, Spanish mackerel, and cobia. The FMP was prepared jointly by the Councils 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) (16 U.S.C. 1801 et seq.). Background The Magnuson-Stevens Act requires NMFS and regional fishery management councils to prevent overfishing and achieve on a continuing basis, the optimum yield from federally managed fish stocks. These mandates are intended to ensure that fishery resources are managed for the greatest overall benefit to the nation, particularly with respect to providing food production and recreational opportunities, while also protecting marine ecosystems. To further attain this goal, the Magnuson-Stevens Act requires fishery managers to minimize bycatch and bycatch mortality to the extent practicable. Framework Amendment 5 and this proposed rule apply to the harvest of king and Spanish mackerel in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) and Atlantic regions. Current Federal regulations state that a person aboard a vessel with a Federal commercial permit for king or Spanish mackerel may not fish for or retain king or Spanish mackerel in or from Federal waters under the recreational bag or possession limit if the commercial harvest for the species is closed (i.e., the species, migratory group, zone, subzone, or gear is closed). This provision prevents fishers on a vessel with a Federal commercial permit for king or Spanish mackerel from recreationally fishing for or retaining bag and possession limits for these species outside of the applicable commercial season. An exception to this restriction currently applies to vessels that have both a Federal commercial and a charter vessel/headboat permit for king or Spanish mackerel. When operating as a charter vessel or headboat, the exception allows persons aboard these vessels to recreationally fish for or retain king or Spanish mackerel in or from Federal waters under the recreational bag or possession limits. The regulations specifying restrictions applicable after a commercial quota closure (50 CFR 622.384(e)) were originally necessary when the Gulf migratory group of king mackerel (Gulf king mackerel) had been overfished in the early 1990s, as a means of controlling fishing effort. In 2014, the most recent stock assessment of Gulf king mackerel and Atlantic migratory group king mackerel (Atlantic king mackerel) concluded that both Gulf and Atlantic king mackerel are not overfished or undergoing overfishing. This provision does not currently affect the recreational harvest of Spanish mackerel in the Gulf (Gulf Spanish mackerel), given the difference in how this migratory group is managed. Gulf Spanish mackerel is managed under a stock annual catch limit (ACL). Under the applicable accountability measures, the Spanish mackerel commercial and recreational sectors in the Gulf close at the same time if the stock ACL is reached or projected to be reached, as specified in Sec. 622.388(c)(1). Thus, because the sectors close at the same time, the restriction described above does not apply in practice to those fishing for Gulf Spanish mackerel. In contrast, the accountability measures applicable to the commercial sector for king mackerel in the Gulf and Atlantic, and Spanish mackerel in the Atlantic, would close the applicable commercial sector independently from the recreational sector if the commercial landings reach or are projected to reach the applicable commercial quotas (Sec. 622.388(a)(1)(i), (b)(1)(i), and (d)(1)(i)). Management Measure Contained in This Proposed Rule For the commercial sector, this proposed rule would remove the current prohibition that a person aboard a vessel with a Federal commercial permit for king or Spanish mackerel may not fish for or retain king or Spanish mackerel in or from Federal waters under the bag or possession limits if commercial harvest for the applicable species is closed in a specific zone or for a certain gear type, unless the vessel also has a federal charter vessel/headboat permit and is operating as a federally permitted charter vessel or headboat. Therefore, if NMFS implements this proposed rule, commercial fishers with a Federal commercial permit for king or Spanish mackerel would be able to use their permitted vessels to recreationally fish for these species and retain the recreational bag and possession limits outside of the commercial seasons for those species. Measures Contained in This Proposed Rule Not in Framework Amendment 5 In addition to the changes to implement Framework Amendment 5, the proposed regulatory text contains changes consistent with the proposed regulatory text to implement Amendment 26 to the FMP, which is currently available for public comment (81 FR 95941, December 29, 2016). The proposed regulatory text to implement Amendment 26 includes numerous [[Page 12189]] changes to the regulations implementing the FMP, including revisions to terminology and to the management boundaries for the Gulf of Mexico and Atlantic migratory groups of king mackerel. Pertinent changes are reflected in the proposed text below, as well, for consistency in language. In addition, to improve clarity, we have made specific changes to Sec. 622.384(e)(3), proposed to be renumbered as Sec. 622.384(e)(2), and to Sec. 622.386. Classification Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined that this proposed rule is consistent with the framework action, the FMP, the Magnuson-Stevens Act, and other applicable law, subject to further consideration after public comment. This proposed rule has been determined to be not significant for purposes of Executive Order 12866. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration (SBA) that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. The factual basis for this determination follows. A description of this proposed rule, why it is being considered, and the objectives of this proposed rule are contained in the preamble. The Magnuson-Stevens Act provides the statutory basis for this proposed rule. This proposed rule, if implemented, would not be expected to directly affect any small entities. The proposed rule would remove the restriction on fishing for and retaining the recreational bag limit of king mackerel on a vessel with a Federal commercial permit for king mackerel when the vessel is on a recreational trip and commercial harvest of king mackerel in that zone is closed. Similarly, it would remove the restriction on fishing for and retaining the recreational bag limit of Spanish mackerel on a vessel with a Federal commercial permit for Spanish mackerel when the vessel is on a recreational trip and commercial harvest of Spanish mackerel in a zone or for a certain gear type is closed. Under this proposed rule, king or Spanish mackerel that are recreationally harvested on commercial vessels would not be permitted to be sold. Therefore, commercial fishers on these vessels would only be affected as recreational anglers. Recreational anglers, who would be directly affected by this proposed rule, are not considered small entities under the RFA, and are, therefore, outside the scope of this analysis. 5 U.S.C. 603. Small entities include ``small businesses,'' ``small organizations,'' and ``small governmental jurisdictions.'' 5 U.S.C. 601(6) and 601(3)-(5). Recreational anglers are not businesses, organizations, or governmental jurisdictions. No other small entities that would be directly affected by this proposed rule have been identified. The information provided above supports a determination that this rule would not have a significant economic impact on a substantial number of small entities. Because this rule, if implemented, is not expected to have a significant economic impact on any small entities, an initial regulatory flexibility analysis is not required and none has been prepared. No duplicative, overlapping, or conflicting Federal rules have been identified. In addition, no new reporting, record-keeping, or other compliance requirements are introduced by this proposed rule. Accordingly, the Paperwork Reduction Act does not apply to this proposed rule. List of Subjects in 50 CFR Part 622 Fisheries, Fishing, Gulf of Mexico, South Atlantic, King Mackerel, Spanish Mackerel. 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 proposed to be 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. 622.379, revise the last sentence in paragraph (a) to read as follows: Sec. 622.379 Purse seine incidental catch allowance. (a) * * * Incidentally caught king or Spanish mackerel are counted toward the quotas provided for under Sec. 622.384 and are subject to the prohibition of sale under Sec. 622.384(e)(2). * * * * * 0 3. In Sec. 622.384, revise paragraph (e) to read as follows: Sec. 622.384 Quotas. * * * * * (e) Restrictions applicable after a commercial quota closure. (1) If the recreational sector for the applicable species, migratory group, zone, or gear is open, the bag and possession limits for king and Spanish mackerel specified in Sec. 622.382(a) apply to all harvest or possession for the closed species, migratory group, zone, or gear in or from the EEZ. If the recreational sector for the applicable species, migratory group, zone, or gear is closed, all applicable harvest or possession in or from the EEZ is prohibited. (2) The sale or purchase of king mackerel, Spanish mackerel, or cobia of the closed species, migratory group, zone, or gear type is prohibited, including any king or Spanish mackerel taken under the bag and possession limits specified in Sec. 622.382(a), or cobia taken under the limited-harvest species possession limit specified in Sec. 622.383(b). The prohibition on the sale or purchase during a closure for coastal migratory pelagic fish does not apply to coastal migratory pelagic fish that were harvested, landed ashore, and sold prior to the effective date of the closure and were held in cold storage by a dealer or processor. 0 4. In Sec. 622.386, revise the introductory paragraph to read as follows: Sec. 622.386 Restrictions on sale/purchase. The restrictions in this section are in addition to the restrictions on the sale or purchase related to commercial quota closures as specified in Sec. 622.384(e)(2). * * * * * [FR Doc. 2017-04003 Filed 2-28-17; 8:45 am] BILLING CODE P
![Federal Register / Vol. 82, No. 39 / Wednesday, March 1, 2017 / Proposed Rules 12187
various levels of government. We have G. Protest Activities Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
analyzed this proposed rule under that Department of Homeland Security Delegation
Order and have determined that it is The Coast Guard respects the First No. 0170.1.
consistent with the fundamental Amendment rights of protesters.
■ 2. Amend § 117.205 by revising
federalism principles and preemption Protesters are asked to contact the
paragraph (c) to read as follows:
requirements described in Executive person listed in the FOR FURTHER
INFORMATION CONTACT section to § 117.205 Connecticut River.
Order 13132.
Also, this proposed rule does not have coordinate protest activities so that your * * * * *
tribal implications under Executive message can be received without (c) The draw of the Route 82 Bridge,
Order 13175, Consultation and jeopardizing the safety or security of mile 16.8, at East Haddam, shall operate
Coordination with Indian Tribal people, places or vessels. as follows:
Governments, because it would not have V. Public Participation and Request for (1) From May 1 through October 31:
a substantial direct effect on one or Comments The draw shall open on signal for
more Indian tribes, on the relationship commercial vessels. For recreational
between the Federal Government and We view public participation as vessels, the draw shall open on signal,
Indian tribes, or on the distribution of essential to effective rulemaking, and except that from 6 a.m. to 8 p.m., the
power and responsibilities between the will consider all comments and material draw need open for recreational vessels
Federal Government and Indian tribes. received during the comment period. on the hour only.
If you believe this proposed rule has Your comment can help shape the (2) From November 1 through April
implications for federalism or Indian outcome of this rulemaking. If you 30: The draw shall open on signal for all
tribes, please contact the person listed submit a comment, please include the vessels, except that from 8 p.m. to 4
in the FOR FURTHER INFORMATION docket number for this rulemaking, a.m., the draw shall open on signal if at
CONTACT section above. indicate the specific section of this least six-hours notice is given by calling
document to which each comment the number posted at the bridge.
E. Unfunded Mandates Reform Act applies, and provide a reason for each Dated: 15 February 2017.
The Unfunded Mandates Reform Act suggestion or recommendation.
S.D. Poulin,
of 1995 (2 U.S.C. 1531–1538) requires We encourage you to submit
Federal agencies to assess the effects of Rear Admiral, U.S. Coast Guard Commander,
comments through the Federal First Coast Guard District.
their discretionary regulatory actions. In eRulemaking Portal at http://
particular, the Act addresses actions [FR Doc. 2017–03980 Filed 2–28–17; 8:45 am]
www.regulations.gov. If your material
that may result in the expenditure by a cannot be submitted using http://
BILLING CODE 9110–0–P
State, local, or tribal government, in the www.regulations.gov, contact the person
aggregate, or by the private sector of in the FOR FURTHER INFORMATION
$100,000,000 (adjusted for inflation) or CONTACT section of this document for
DEPARTMENT OF COMMERCE
more in any one year. Though this alternate instructions.
proposed rule will not result in such an National Oceanic and Atmospheric
We accept anonymous comments. All Administration
expenditure, we do discuss the effects of comments received will be posted
this proposed rule elsewhere in this without change to http://
preamble. 50 CFR Part 622
www.regulations.gov and will include
F. Environment any personal information you have [Docket No. 161222999–7145–01]
We have analyzed this proposed rule provided. For more about privacy and RIN 0648–BG56
under Department of Homeland the docket, you may review a Privacy
Security Management Directive 023–01 Act notice regarding the Federal Docket Fisheries of the Caribbean, Gulf of
and Commandant Instruction Management System in the March 24, Mexico, and South Atlantic; Coastal
M16475.lD, which guides the Coast 2005, issue of the Federal Register (70 Migratory Pelagic Resources in the
Guard in complying with the National FR 15086). Gulf of Mexico and Atlantic Region;
Environmental Policy Act of 1969 Documents mentioned in this notice Framework Amendment 5
(NEPA) (42 U.S.C. 4321–4370f), and and all public comments, are in our AGENCY: National Marine Fisheries
have made a preliminary determination online docket at http:// Service (NMFS), National Oceanic and
that this action is one of a category of www.regulations.gov and can be viewed Atmospheric Administration (NOAA),
actions which do not individually or by following that Web site’s Commerce.
cumulatively have a significant effect on instructions. Additionally, if you go to
ACTION: Proposed rule; request for
the human environment. This proposed the online docket and sign up for email
comments.
rule simply promulgates the operating alerts, you will be notified when
regulations or procedures for comments are posted or a final rule is SUMMARY: NMFS proposes to implement
drawbridges. Normally such actions are published. management measures described in
categorically excluded from further List of Subjects in 33 CFR Part 117 Framework Amendment 5 to the Fishery
review, under figure 2–1, paragraph Management Plan for the Coastal
(32)(e), of the Instruction. Bridges. Migratory Pelagic Resources of the Gulf
Under figure 2–1, paragraph (32)(e), of of Mexico and Atlantic Region (FMP) as
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For the reasons discussed in the
the Instruction, an environmental preamble, the Coast Guard proposes to prepared and submitted jointly by the
analysis checklist and a categorical amend 33 CFR part 117 as follows: Gulf of Mexico Fishery Management
exclusion determination are not Council and South Atlantic Fishery
required for this rule. We seek any PART 117—DRAWBRIDGE Management Council (Councils). If
comments or information that may lead OPERATION REGULATIONS implemented, this proposed rule would
to the discovery of a significant remove the restriction on fishing for, or
environmental impact from this ■ 1. The authority citation for part 117 retaining the recreational bag and
proposed rule. continues to read as follows: possession limits of, king and Spanish
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changes to the regulations implementing proposed rule, king or Spanish mackerel ■ 2. In § 622.379, revise the last
the FMP, including revisions to that are recreationally harvested on sentence in paragraph (a) to read as
terminology and to the management commercial vessels would not be follows:
boundaries for the Gulf of Mexico and permitted to be sold. Therefore,
Atlantic migratory groups of king commercial fishers on these vessels § 622.379 Purse seine incidental catch
allowance.
mackerel. Pertinent changes are would only be affected as recreational
reflected in the proposed text below, as anglers. Recreational anglers, who (a) * * * Incidentally caught king or
well, for consistency in language. In would be directly affected by this Spanish mackerel are counted toward
addition, to improve clarity, we have proposed rule, are not considered small the quotas provided for under § 622.384
made specific changes to entities under the RFA, and are, and are subject to the prohibition of sale
§ 622.384(e)(3), proposed to be therefore, outside the scope of this under § 622.384(e)(2).
renumbered as § 622.384(e)(2), and to analysis. 5 U.S.C. 603. Small entities * * * * *
§ 622.386. include ‘‘small businesses,’’ ‘‘small ■ 3. In § 622.384, revise paragraph (e) to
organizations,’’ and ‘‘small read as follows:
Classification
governmental jurisdictions.’’ 5 U.S.C.
Pursuant to section 304(b)(1)(A) of the 601(6) and 601(3)–(5). Recreational § 622.384 Quotas.
Magnuson-Stevens Act, the NMFS anglers are not businesses, * * * * *
Assistant Administrator has determined organizations, or governmental (e) Restrictions applicable after a
that this proposed rule is consistent jurisdictions. No other small entities commercial quota closure. (1) If the
with the framework action, the FMP, the that would be directly affected by this recreational sector for the applicable
Magnuson-Stevens Act, and other proposed rule have been identified. species, migratory group, zone, or gear
applicable law, subject to further The information provided above is open, the bag and possession limits
consideration after public comment. supports a determination that this rule for king and Spanish mackerel specified
This proposed rule has been would not have a significant economic in § 622.382(a) apply to all harvest or
determined to be not significant for impact on a substantial number of small possession for the closed species,
purposes of Executive Order 12866. entities. Because this rule, if migratory group, zone, or gear in or from
The Chief Counsel for Regulation of implemented, is not expected to have a the EEZ. If the recreational sector for the
the Department of Commerce certified significant economic impact on any applicable species, migratory group,
to the Chief Counsel for Advocacy of the small entities, an initial regulatory zone, or gear is closed, all applicable
Small Business Administration (SBA) flexibility analysis is not required and harvest or possession in or from the EEZ
that this proposed rule, if adopted, none has been prepared. is prohibited.
would not have a significant economic No duplicative, overlapping, or
impact on a substantial number of small (2) The sale or purchase of king
conflicting Federal rules have been mackerel, Spanish mackerel, or cobia of
entities. The factual basis for this identified. In addition, no new
determination follows. the closed species, migratory group,
reporting, record-keeping, or other zone, or gear type is prohibited,
A description of this proposed rule, compliance requirements are introduced
why it is being considered, and the including any king or Spanish mackerel
by this proposed rule. Accordingly, the taken under the bag and possession
objectives of this proposed rule are Paperwork Reduction Act does not
contained in the preamble. The limits specified in § 622.382(a), or cobia
apply to this proposed rule. taken under the limited-harvest species
Magnuson-Stevens Act provides the
statutory basis for this proposed rule. List of Subjects in 50 CFR Part 622 possession limit specified in
This proposed rule, if implemented, § 622.383(b). The prohibition on the sale
Fisheries, Fishing, Gulf of Mexico, or purchase during a closure for coastal
would not be expected to directly affect South Atlantic, King Mackerel, Spanish
any small entities. The proposed rule migratory pelagic fish does not apply to
Mackerel. coastal migratory pelagic fish that were
would remove the restriction on fishing
for and retaining the recreational bag Alan D. Risenhoover, harvested, landed ashore, and sold prior
limit of king mackerel on a vessel with Acting Deputy Assistant Administrator for to the effective date of the closure and
a Federal commercial permit for king Regulatory Programs, National Marine were held in cold storage by a dealer or
mackerel when the vessel is on a Fisheries Service. processor.
recreational trip and commercial harvest For the reasons set out in the ■ 4. In § 622.386, revise the introductory
of king mackerel in that zone is closed. preamble, 50 CFR part 622 is proposed paragraph to read as follows:
Similarly, it would remove the to be amended as follows: § 622.386 Restrictions on sale/purchase.
restriction on fishing for and retaining
the recreational bag limit of Spanish PART 622—FISHERIES OF THE The restrictions in this section are in
mackerel on a vessel with a Federal CARIBBEAN, GULF OF MEXICO, AND addition to the restrictions on the sale
commercial permit for Spanish SOUTH ATLANTIC or purchase related to commercial quota
mackerel when the vessel is on a closures as specified in § 622.384(e)(2).
recreational trip and commercial harvest ■ 1. The authority citation for part 622 * * * * *
of Spanish mackerel in a zone or for a continues to read as follows: [FR Doc. 2017–04003 Filed 2–28–17; 8:45 am]
certain gear type is closed. Under this Authority: 16 U.S.C. 1801 et seq. BILLING CODE P
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Document Created: 2017-03-01 03:38:53
Document Modified: 2017-03-01 03:38:53
| 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 | Proposed rule; request for comments. | |
| Dates | Written comments must be received by March 31, 2017. | |
| Contact | Rich Malinowski, Southeast Regional Office, NMFS, telephone: 727-824-5305, or email: [email protected] | |
| FR Citation | 82 FR 12187 | |
| RIN Number | 0648-BG56 | |
| CFR Associated | Fisheries; Fishing; Gulf of Mexico; South Atlantic; King Mackerel and Spanish Mackerel |
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