82 FR 26376 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management Measures; Compliance With Court Order

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 108 (June 7, 2017)

Page Range		26376-26377
FR Document		2017-11804

This final rule revises the Gulf of Mexico (Gulf) red snapper commercial and recreational sector allocations of the stock annual catch limit (ACL), the commercial and recreational quotas, and the recreational annual catch targets (ACTs), including ACTs for the private angling and for-hire (charter vessels and headboats) components of the recreational sector. A court order directs NMFS to reinstate the previous red snapper sector allocations, and the corresponding sector quotas (which are equivalent to the ACLs), to 51 percent commercial and 49 percent recreational. The intent of this final rule is to ensure that the regulations reflect the sector allocations and corresponding catch levels as required by the court order.

Federal Register, Volume 82 Issue 108 (Wednesday, June 7, 2017)

[Federal Register Volume 82, Number 108 (Wednesday, June 7, 2017)]
[Rules and Regulations]
[Pages 26376-26377]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11804]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 170515489-7489-01]
RIN 0648-BG89


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management 
Measures; Compliance With Court Order

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule revises the Gulf of Mexico (Gulf) red snapper 
commercial and recreational sector allocations of the stock annual 
catch limit (ACL), the commercial and recreational quotas, and the 
recreational annual catch targets (ACTs), including ACTs for the 
private angling and for-hire (charter vessels and headboats) components 
of the recreational sector. A court order directs NMFS to reinstate the 
previous red snapper sector allocations, and the corresponding sector 
quotas (which are equivalent to the ACLs), to 51 percent commercial and 
49 percent recreational. The intent of this final rule is to ensure 
that the regulations reflect the sector allocations and corresponding 
catch levels as required by the court order.

DATES: This final rule is effective on June 6, 2017.

FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, NMFS Southeast 
Regional Office, telephone: 727-824-5305, email: 
[email protected].

SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery includes red 
snapper and is managed under the Fishery Management Plan for the Reef 
Fish Resources of the Gulf of Mexico (FMP). The FMP was prepared by the 
Gulf of Mexico Fishery Management Council and is implemented by NMFS 
through regulations at 50 CFR part 622 under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). All weights for red snapper below apply as round weight.
    The Secretary of Commerce approved Amendment 28 to the FMP on March 
23, 2016. The purpose of Amendment 28 was to reallocate the red snapper 
harvest consistent with the 2014 red snapper update assessment to 
ensure the allowable catch and recovery benefits from a rebuilding 
stock were fairly and equitably allocated between the commercial and 
recreational sectors to achieve optimum yield. On April 28, 2016, NMFS 
published a final rule implementing Amendment 28 (81 FR 25576).
    The final rule for Amendment 28 revised the allocation of the red 
snapper ACL between the commercial and recreational sectors to be 48.5 
percent and 51.5 percent, respectively, and consequently revised the 
commercial and recreational quotas and ACLs, as well as the 
recreational ACTs (81 FR 25576, April 28, 2016). However, a court 
decision in Guindon v. Pritzker, 2017

[[Page 26377]]

WL 875775 (D.D.C. March 3, 2017), vacated Amendment 28 and its 
implementing final rule. The court order directs NMFS to reinstate the 
sector allocations of red snapper to 51 percent commercial and 49 
percent recreational, which were in effect prior to the implementation 
of the Amendment 28 final rule. This results in a total commercial 
quota of 7,007,000 lb (3,178,000 kg) and a total recreational quota of 
6,733,000 lb (3,054,000 kg). The total recreational quota is further 
divided to a private angling quota and ACT of 3,885,000 lb (1,762,000 
kg), and 3,108,000 lb (1,410,000 kg), respectively; and a Federal for-
hire component quota and ACT of 2,848,000 lb (1,292,000 kg), and 
2,278,000 lb (1,033,000 kg), respectively. The recreational component 
quotas and ACTs are in effect through the 2022 fishing year.
    All other provisions that are currently applicable to the Gulf reef 
fish fishery and red snapper remain unchanged as a result of this final 
rule.

Classification

    The Assistant Administrator for NOAA Fisheries (AA) has determined 
that this final rule is consistent with the March 3, 2017, court order, 
the FMP, the Magnuson-Stevens Act, and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    Because this rulemaking is required by court order and prior notice 
and opportunity for public comment are not required under 5 U.S.C. 553, 
or any other law, the regulatory flexibility analysis requirements of 
the Regulatory Flexibility Act, 5 U.S.C. 603-605, do not apply to this 
final rule. In addition, because the changes required by the court 
order that are identified in this final rule are non-discretionary, the 
National Environmental Policy Act does not apply to this final rule.
    The AA finds good cause to waive notice and public comment on this 
action because it is unnecessary and contrary to the public interest, 
as provided by 5 U.S.C. 553(b)(B). This action is limited in scope and 
ensures that the regulatory text provides accurate information to the 
regulated public that is consistent with a Federal court order. NMFS 
does not have discretion to take other action, as there is no 
alternative to complying with the requirements of the court order.
    Furthermore, the AA finds good cause to waive the 30-day delay in 
effectiveness, as provided by 5 U.S.C. 553(d)(3), as such delay would 
be contrary to the public interest because the measures contained in 
this final rule are necessary to ensure that the Gulf reef fish fishery 
is conducted in compliance with a Federal court order. If the 
requirements are not implemented immediately, then red snapper harvest 
will not be managed in accordance with the court order.

List of Subjects in 50 CFR Part 622

    Allocation, Commercial, Fisheries, Fishing, Gulf of Mexico, 
Recreational, Red snapper.

    Dated: June 2, 2017.
Samuel D. Rauch, III,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 622 is amended 
as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH 
ATLANTIC

0
1. The authority citation for part 622 continues to read as follows:

    Authority:  16 U.S.C. 1801 et seq.


0
2. In Sec.  622.39, revise paragraphs (a)(1)(i) and (a)(2)(i) to read 
as follows:


Sec.  622.39  Quotas.

* * * * *
    (a) * * *
    (1) * * *
    (i) Commercial quota for red snapper. For fishing year 2017 and 
subsequent fishing years--7.007 million lb (3.178 million kg), round 
weight.
* * * * *
    (2) * * *
    (i) Recreational quota for red snapper--(A) Total recreational 
quota (Federal charter vessel/headboat and private angling component 
quotas combined). For fishing year 2017 and subsequent fishing years--
6.733 million lb (3.054 million kg), round weight.
    (B) Federal charter vessel/headboat component quota. The Federal 
charter vessel/headboat component quota applies to vessels that have 
been issued a valid Federal charter vessel/headboat permit for Gulf 
reef fish any time during the fishing year. This component quota is 
effective for only the 2015 through 2022 fishing years. For the 2023 
and subsequent fishing years, the applicable total recreational quota, 
specified in paragraph (a)(2)(i)(A) of this section, will apply to the 
recreational sector. For fishing years 2017 through 2022--2.848 million 
lb (1.292 million kg), round weight.
    (C) Private angling component quota. The private angling component 
quota applies to vessels that fish under the bag limit and have not 
been issued a Federal charter vessel/headboat permit for Gulf reef fish 
any time during the fishing year. This component quota is effective for 
only the 2015 through 2022 fishing years. For the 2023 and subsequent 
fishing years, the applicable total recreational quota, specified in 
paragraph (a)(2)(i)(A) of this section, will apply to the recreational 
sector. For fishing years 2017 through 2022--3.885 million lb (1.762 
million kg), round weight.
* * * * *

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


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

* * * * *
    (q) * * *
    (2) * * *
    (iii) Recreational ACT for red snapper--(A) Total recreational ACT 
(Federal charter vessel/headboat and private angling component ACTs 
combined). The total recreational ACT is 5.386 million lb (2.443 
million kg), round weight.
    (B) Federal charter vessel/headboat component ACT. The Federal 
charter vessel/headboat component ACT applies to vessels that have been 
issued a valid Federal charter vessel/headboat permit for Gulf reef 
fish any time during the fishing year. This component ACT is effective 
for only the 2015 through 2022 fishing years. For the 2023 and 
subsequent fishing years, the applicable total recreational ACT, 
specified in paragraph (q)(2)(iii)(A) of this section, will apply to 
the recreational sector. The component ACT is 2.278 million lb (1.033 
million kg), round weight, for fishing years 2017 through 2022.
    (C) Private angling component ACT. The private angling component 
ACT applies to vessels that fish under the bag limit and have not been 
issued a Federal charter vessel/headboat permit for Gulf reef fish any 
time during the fishing year. This component ACT is effective for only 
the 2015 through 2022 fishing years. For the 2023 and subsequent 
fishing years, the applicable total recreational ACT, specified in 
paragraph (q)(2)(iii)(A) of this section, will apply to the 
recreational sector. The component ACT is 3.108 million lb (1.410 
million kg), round weight, for fishing years 2017 through 2022.

[FR Doc. 2017-11804 Filed 6-6-17; 8:45 am]
 BILLING CODE 3510-22-P

26376 Federal Register / Vol. 82, No. 108 / Wednesday, June 7, 2017 / Rules and Regulations

(c) If a LOA expires prior to the activity identified in § 217.250 may be Atmospheric Administration (NOAA),
expiration date of these regulations, modified by NMFS under the following Commerce.
Navy may apply for and obtain a circumstances: ACTION: Final rule.
renewal of the LOA. (1) Adaptive Management—NMFS
(d) In the event of projected changes may modify (including augment) the SUMMARY: This final rule revises the
to the activity or to mitigation and existing mitigation, monitoring, or Gulf of Mexico (Gulf) red snapper
monitoring measures required by a reporting measures (after consulting commercial and recreational sector
LOA, Navy must apply for and obtain a with Navy regarding the practicability of allocations of the stock annual catch
modification of the LOA as described in the modifications) if doing so creates a limit (ACL), the commercial and
§ 217.257. reasonable likelihood of more recreational quotas, and the recreational
(e) The LOA shall set forth: effectively accomplishing the goals of annual catch targets (ACTs), including
(1) Permissible methods of incidental the mitigation and monitoring set forth ACTs for the private angling and for-
taking; in the preamble for these regulations. hire (charter vessels and headboats)
(2) Means of effecting the least (i) Possible sources of data that could components of the recreational sector. A
practicable adverse impact (i.e., contribute to the decision to modify the court order directs NMFS to reinstate
mitigation) on the species, its habitat, mitigation, monitoring, or reporting the previous red snapper sector
and on the availability of the species for measures in a LOA: allocations, and the corresponding
subsistence uses; and (A) Results from Navy’s monitoring sector quotas (which are equivalent to
(3) Requirements for monitoring and from previous years. the ACLs), to 51 percent commercial
reporting. (B) Results from other marine and 49 percent recreational. The intent
(f) Issuance of the LOA shall be based mammal and/or sound research or of this final rule is to ensure that the
on a determination that the level of studies. regulations reflect the sector allocations
taking will be consistent with the (C) Any information that reveals and corresponding catch levels as
findings made for the total taking marine mammals may have been taken required by the court order.
allowable under these regulations. in a manner, extent or number not DATES: This final rule is effective on
(g) Notice of issuance or denial of a authorized by these regulations or June 6, 2017.
LOA shall be published in the Federal subsequent LOAs. FOR FURTHER INFORMATION CONTACT:
Register within thirty days of a (ii) If, through adaptive management, Kelli O’Donnell, NMFS Southeast
determination. the modifications to the mitigation, Regional Office, telephone: 727–824–
monitoring, or reporting measures are 5305, email: kelli.odonnell@noaa.gov.
§ 217.257 Renewals and modifications of
substantial, NMFS will publish a notice
Letters of Authorization. SUPPLEMENTARY INFORMATION: The Gulf
of proposed LOA in the Federal
(a) A LOA issued under § 216.106 of reef fish fishery includes red snapper
Register and solicit public comment.
this chapter and § 217.256 for the and is managed under the Fishery
(2) Emergencies—If NMFS determines
activity identified in § 217.250 shall be Management Plan for the Reef Fish
that an emergency exists that poses a
renewed or modified upon request by Resources of the Gulf of Mexico (FMP).
significant risk to the well-being of the
the applicant, provided that: The FMP was prepared by the Gulf of
species or stocks of marine mammals
(1) The proposed specified activity Mexico Fishery Management Council
specified in a LOA issued pursuant to
and mitigation, monitoring, and and is implemented by NMFS through
§ 216.106 of this chapter and § 217.256,
reporting measures, as well as the regulations at 50 CFR part 622 under the
a LOA may be modified without prior
anticipated impacts, are the same as authority of the Magnuson-Stevens
notice or opportunity for public
those described and analyzed for these Fishery Conservation and Management
comment. Notice would be published in
regulations (excluding changes made Act (Magnuson-Stevens Act). All
the Federal Register within thirty days
pursuant to the adaptive management weights for red snapper below apply as
of the action.
provision in paragraph (c)(1) of this round weight.
section), and § 217.258 [Reserved] The Secretary of Commerce approved
(2) NMFS determines that the Amendment 28 to the FMP on March
mitigation, monitoring, and reporting § 217.259 [Reserved] 23, 2016. The purpose of Amendment
measures required by the previous LOA [FR Doc. 2017–11805 Filed 6–6–17; 8:45 am] 28 was to reallocate the red snapper
under these regulations were BILLING CODE 3510–22–P harvest consistent with the 2014 red
implemented. snapper update assessment to ensure
(b) For a LOA modification or renewal the allowable catch and recovery
requests by the applicant that include DEPARTMENT OF COMMERCE benefits from a rebuilding stock were
changes to the activity or the mitigation, fairly and equitably allocated between
monitoring, or reporting (excluding National Oceanic and Atmospheric the commercial and recreational sectors
changes made pursuant to the adaptive Administration to achieve optimum yield. On April 28,
management provision in paragraph 2016, NMFS published a final rule
(c)(1) of this section) that do not change 50 CFR Part 622 implementing Amendment 28 (81 FR
the findings made for the regulations or [Docket No. 170515489–7489–01] 25576).
that result in no more than a minor The final rule for Amendment 28
RIN 0648–BG89 revised the allocation of the red snapper
change in the total estimated number of
takes (or distribution by species or ACL between the commercial and
pmangrum on DSK3GDR082PROD with RULES

Fisheries of the Caribbean, Gulf of
years), NMFS may publish a notice of Mexico, and South Atlantic; Reef Fish recreational sectors to be 48.5 percent
proposed LOA in the Federal Register, Fishery of the Gulf of Mexico; Red and 51.5 percent, respectively, and
including the associated analysis of the Snapper Management Measures; consequently revised the commercial
change, and solicit public comment Compliance With Court Order and recreational quotas and ACLs, as
before issuing the LOA. well as the recreational ACTs (81 FR
(c) A LOA issued under § 216.106 of AGENCY: National Marine Fisheries 25576, April 28, 2016). However, a court
this chapter and § 217.256 for the Service (NMFS), National Oceanic and decision in Guindon v. Pritzker, 2017

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Federal Register / Vol. 82, No. 108 / Wednesday, June 7, 2017 / Rules and Regulations 26377

WL 875775 (D.D.C. March 3, 2017), the measures contained in this final rule charter vessel/headboat permit for Gulf
vacated Amendment 28 and its are necessary to ensure that the Gulf reef reef fish any time during the fishing
implementing final rule. The court order fish fishery is conducted in compliance year. This component quota is effective
directs NMFS to reinstate the sector with a Federal court order. If the for only the 2015 through 2022 fishing
allocations of red snapper to 51 percent requirements are not implemented years. For the 2023 and subsequent
commercial and 49 percent recreational, immediately, then red snapper harvest fishing years, the applicable total
which were in effect prior to the will not be managed in accordance with recreational quota, specified in
implementation of the Amendment 28 the court order. paragraph (a)(2)(i)(A) of this section,
final rule. This results in a total will apply to the recreational sector. For
commercial quota of 7,007,000 lb List of Subjects in 50 CFR Part 622
fishing years 2017 through 2022—3.885
(3,178,000 kg) and a total recreational Allocation, Commercial, Fisheries,
Fishing, Gulf of Mexico, Recreational, million lb (1.762 million kg), round
quota of 6,733,000 lb (3,054,000 kg). The
total recreational quota is further Red snapper. weight.
divided to a private angling quota and Dated: June 2, 2017.
* * * * *
ACT of 3,885,000 lb (1,762,000 kg), and Samuel D. Rauch, III, ■ 3. In § 622.41, revise paragraph
3,108,000 lb (1,410,000 kg), (q)(2)(iii) to read as follows:
Acting Assistant Administrator for Fisheries,
respectively; and a Federal for-hire National Marine Fisheries Service.
component quota and ACT of 2,848,000 § 622.41 Annual catch limits (ACLs),
lb (1,292,000 kg), and 2,278,000 lb For the reasons set out in the annual catch targets (ACTs), and
(1,033,000 kg), respectively. The preamble, 50 CFR part 622 is amended accountability measures (AMs).
recreational component quotas and as follows:
* * * * *
ACTs are in effect through the 2022
PART 622—FISHERIES OF THE (q) * * *
fishing year.
CARIBBEAN, GULF OF MEXICO, AND
All other provisions that are currently (2) * * *
SOUTH ATLANTIC
applicable to the Gulf reef fish fishery (iii) Recreational ACT for red
and red snapper remain unchanged as a ■ 1. The authority citation for part 622 snapper—(A) Total recreational ACT
result of this final rule. continues to read as follows: (Federal charter vessel/headboat and
Classification Authority: 16 U.S.C. 1801 et seq. private angling component ACTs
The Assistant Administrator for ■ 2. In § 622.39, revise paragraphs combined). The total recreational ACT
NOAA Fisheries (AA) has determined (a)(1)(i) and (a)(2)(i) to read as follows: is 5.386 million lb (2.443 million kg),
that this final rule is consistent with the round weight.
March 3, 2017, court order, the FMP, the § 622.39 Quotas.
(B) Federal charter vessel/headboat
Magnuson-Stevens Act, and other * * * * * component ACT. The Federal charter
applicable laws. (a) * * * vessel/headboat component ACT
This final rule has been determined to (1) * * *
applies to vessels that have been issued
be not significant for purposes of (i) Commercial quota for red snapper.
For fishing year 2017 and subsequent a valid Federal charter vessel/headboat
Executive Order 12866. permit for Gulf reef fish any time during
Because this rulemaking is required fishing years—7.007 million lb (3.178
million kg), round weight. the fishing year. This component ACT is
by court order and prior notice and
opportunity for public comment are not effective for only the 2015 through 2022
* * * * *
required under 5 U.S.C. 553, or any (2) * * * fishing years. For the 2023 and
other law, the regulatory flexibility (i) Recreational quota for red subsequent fishing years, the applicable
analysis requirements of the Regulatory snapper—(A) Total recreational quota total recreational ACT, specified in
Flexibility Act, 5 U.S.C. 603–605, do not (Federal charter vessel/headboat and paragraph (q)(2)(iii)(A) of this section,
apply to this final rule. In addition, private angling component quotas will apply to the recreational sector. The
because the changes required by the combined). For fishing year 2017 and component ACT is 2.278 million lb
court order that are identified in this subsequent fishing years—6.733 million (1.033 million kg), round weight, for
final rule are non-discretionary, the lb (3.054 million kg), round weight. fishing years 2017 through 2022.
National Environmental Policy Act does (B) Federal charter vessel/headboat (C) Private angling component ACT.
not apply to this final rule. component quota. The Federal charter The private angling component ACT
The AA finds good cause to waive vessel/headboat component quota applies to vessels that fish under the bag
notice and public comment on this applies to vessels that have been issued limit and have not been issued a Federal
action because it is unnecessary and a valid Federal charter vessel/headboat
charter vessel/headboat permit for Gulf
contrary to the public interest, as permit for Gulf reef fish any time during
reef fish any time during the fishing
provided by 5 U.S.C. 553(b)(B). This the fishing year. This component quota
is effective for only the 2015 through year. This component ACT is effective
action is limited in scope and ensures
that the regulatory text provides 2022 fishing years. For the 2023 and for only the 2015 through 2022 fishing
accurate information to the regulated subsequent fishing years, the applicable years. For the 2023 and subsequent
public that is consistent with a Federal total recreational quota, specified in fishing years, the applicable total
court order. NMFS does not have paragraph (a)(2)(i)(A) of this section, recreational ACT, specified in paragraph
discretion to take other action, as there will apply to the recreational sector. For (q)(2)(iii)(A) of this section, will apply
pmangrum on DSK3GDR082PROD with RULES

is no alternative to complying with the fishing years 2017 through 2022—2.848 to the recreational sector. The
requirements of the court order. million lb (1.292 million kg), round component ACT is 3.108 million lb
Furthermore, the AA finds good cause weight. (1.410 million kg), round weight, for
to waive the 30-day delay in (C) Private angling component quota. fishing years 2017 through 2022.
effectiveness, as provided by 5 U.S.C. The private angling component quota [FR Doc. 2017–11804 Filed 6–6–17; 8:45 am]
553(d)(3), as such delay would be applies to vessels that fish under the bag BILLING CODE 3510–22–P
contrary to the public interest because limit and have not been issued a Federal

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Document Created: 2017-06-07 02:01:08
Document Modified: 2017-06-07 02:01:08

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 final rule is effective on June 6, 2017.
Contact		Kelli O'Donnell, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]
FR Citation		82 FR 26376
RIN Number		0648-BG89
CFR Associated		Allocation; Commercial; Fisheries; Fishing; Gulf of Mexico; Recreational and Red Snapper

82 FR 26376 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management Measures; Compliance With Court Order

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 108 (June 7, 2017)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration