82 FR 35658 - 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 146 (August 1, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 146 (August 1, 2017)
| Page Range | 35658-35660 | |
| FR Document | 2017-16134 |
[Federal Register Volume 82, Number 146 (Tuesday, August 1, 2017)] [Rules and Regulations] [Pages 35658-35660] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-16134] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 161222999-7618-02] 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: Final rule. ----------------------------------------------------------------------- SUMMARY: NMFS issues this final rule 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). This final rule removes the restriction on fishing for, or retaining the recreational bag and possession limits of, king and Spanish mackerel on [[Page 35659]] a vessel with a Federal commercial permit for king or Spanish mackerel when commercial harvest of king or Spanish mackerel in a zone or region is closed. With implementation of this rule, persons aboard commercial vessels may fish for and retain the recreational bag and possession limits of king or Spanish mackerel during the open recreational season, even if commercial fishing for those species is closed. The purpose of this final 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 in accordance with restrictions in other fisheries. DATES: This final rule is effective August 31, 2017. ADDRESSES: Electronic copies of Framework Amendment 5 may be obtained from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_sa/cmp/2017/framework_am5/index.html. Framework Amendment 5 includes an environmental assessment, a Regulatory Flexibility Act (RFA) analysis, and a regulatory impact review. 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 of Mexico (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.). Framework Amendment 5 and this final rule apply to the harvest of king and Spanish mackerel in the exclusive economic zone (EEZ) of the Gulf and Atlantic regions. On March 1, 2017, NMFS published a proposed rule to implement Framework Amendment 5 and requested public comment (82 FR 12187). The proposed rule and Framework Amendment 5 outline the rationale for the actions contained in this final rule. A summary of the management measures described in Framework Amendment 5 and implemented by this final rule is provided below. Management Measure Contained in This Final Rule As a result of this final rule, persons aboard vessels with a Federal commercial permit for king or Spanish mackerel may fish for and retain the recreational bag and possession limits of these species during the open recreational season when the commercial season for those species is closed. This final rule removes Federal permit restrictions unique to commercially permitted king and Spanish mackerel vessels and standardizes vessel permit restrictions applicable after a commercial quota closure of king or Spanish mackerel in accordance with the restrictions in other fisheries. In addition, to improve clarity, this final rule makes non-substantive changes to the language in Sec. 622.384(e)(3), renumbered as Sec. 622.384(e)(2), and to Sec. 622.386. Finally, the language aligns with changes to the regulations set forth in the final rule for Amendment 26 to the FMP (82 FR 17387, April 11, 2017), which included revisions to terminology and to the management boundaries for the Gulf of Mexico and Atlantic migratory groups of king mackerel. Comments and Responses NMFS received a total of eighteen comments on the proposed rule for Framework Amendment 5 from commercial and recreational fishers. Nine of the comments were in favor of the amendment and the proposed rule, while six were opposed. Three additional comments were submitted that were not related to the proposed action; because those comments were outside of the scope of the actions considered for Framework Amendment 5 and the proposed rule, NMFS is not providing specific responses to those comments in this final rule. The six comments opposed to the amendment expressed concern about relative fishing opportunities for the commercial versus the recreational sectors and about how the final rule might affect future recreational harvest. Additionally, several commenters (both in support of and not in support of the proposed action) expressed views that reflect a misunderstanding of both current king and Spanish mackerel Federal management and the effect of the rule. In particular, the comments reflected a misunderstanding of whether and when those aboard commercially permitted vessels that also hold a charter or headboat permit will be allowed to retain the recreational bag and possession limits of king or Spanish mackerel. In fact, the final rule does not alter the current ability of persons aboard dual-permitted vessels to fish for and retain the recreational bag and possession limits of the species when the commercial season is closed. Instead, this final rule changes the regulations to allow those aboard commercially permitted vessels for king and Spanish mackerel to fish for and retain the recreational bag and possession limits of the species when the commercial season for those species is closed, regardless of the capacity in which the vessel is operating (i.e., the vessels no longer need to be dual-permitted and operating in a for-hire capacity). With implementation of this rule, persons aboard commercial vessels fishing for king and Spanish mackerel and persons aboard dual-permitted vessels on for-hire trips for king and Spanish mackerel may retain the recreational bag and possession limits of king and Spanish mackerel, as long as the recreational season for those species is open, even if commercial fishing for those species is closed. In addition, nothing in this rule prevents persons aboard commercial vessels that hold multiple commercial permits from fishing for and retaining the recreational bag and possession limits of king and Spanish mackerel during the closed commercial season for king and Spanish mackerel while on a commercial trip for other species, such as snapper-grouper, as long as such fishing is consistent with the Federal commercial permit for each of those other species. Specific comments related to the action and proposed rule, as well as NMFS' respective responses, are summarized below. Comment 1: Allowing persons aboard commercial vessels to fish for king and Spanish mackerel recreationally could result in more fish being caught, which could result in additional regulation of the recreational sector. Response: As described in Framework Amendment 5, the recreational and/or stock ACLs for these species have rarely been exceeded in recent years, and thus the accountability measures have not been triggered frequently. We do not expect a significant increase in recreational landings in light of the additional means of access to recreational harvest allowed in this rule. Any effect from this final rule on recreational landings would likely be minimal, and therefore unlikely to require new recreational management measures. Comment 2: This final rule will allow recreationally caught fish to be sold by commercially permitted vessels when the commercial season is closed. [[Page 35660]] Response: The final rule allows commercial fishers with a Federal commercial permit for king or Spanish mackerel to use their permitted vessels to fish for these species and retain the recreational bag and possession limits outside of the commercial seasons for those species. However, under the regulations already in place, the sale or purchase of king or Spanish mackerel taken under the recreational bag and possession limits is prohibited when the commercial season is closed. Thus any fish taken in the circumstances allowed under the rule cannot be sold or purchased. Comment 3: Additional king mackerel population information is needed to avoid ecological or economic problems in the Gulf and Atlantic before approving these changes to management. Response: As part of the development of Framework Amendment 5, NMFS and the Councils carried out an analysis of the expected physical, biological, economic, social, and administrative effects of this action. This analysis incorporated data from the September 2014 Southeast Data, Assessment, and Review (SEDAR) 38 stock assessment, which determined that both the Gulf and Atlantic migratory groups of king mackerel are not overfished and are not undergoing overfishing. As explained in Framework Amendment 5, the additional amount of king mackerel that would be harvested as a result of this final rule is not quantifiable because the number of persons aboard commercially permitted vessels who would fish for and retain the recreational bag and possession limits of king and Spanish mackerel once the harvest restriction is removed and the number of days during which they could fish under the recreational bag and possession limits are not known. However, NMFS' analysis demonstrates, and the Councils agree, that minimal impacts to the ecology or economy would be expected as a result of this final rule. The next SEDAR assessment will be completed in the summer of 2018. Classification The Regional Administrator, Southeast Region, NMFS has determined that this final rule is consistent with Framework Amendment 5, the FMP, the Magnuson-Stevens Act, and other applicable law. This final rule has been determined to be not significant for purposes of Executive Order 12866. The Magnuson-Stevens Act provides the statutory basis for this final rule. 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 final rule. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration during the proposed rule stage that this final rule would not have a significant economic impact on a substantial number of small entities. The factual basis for this determination was published in the proposed rule and is not repeated here. No public comments were received on the proposed rule regarding the certification, and NMFS has not received any new information that would affect its determination. As a result, a final regulatory flexibility analysis was not required and none has been prepared. List of Subjects in 50 CFR Part 622 Commercial, Recreational, Fisheries, Fishing, Gulf of Mexico, South Atlantic, King Mackerel, Spanish Mackerel. Dated: July 26, 2017. Samuel D. Rauch III, 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. 622.379, revise the last sentence in paragraph (a) to read as follows: Sec. 622.379 Incidental catch allowances. (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 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 text 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. 2017-16134 Filed 7-31-17; 8:45 am] BILLING CODE 3510-22-P
![35658 Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Rules and Regulations
FEDERAL COMMUNICATIONS information that includes the types of delivers the notices, so that it is readily
COMMISSION products and services offered, the prices identifiable as an opt-out option. For the
for each service, and installation and reasons stated above, it is ordered,
47 CFR Part 76 service maintenance policies. The pursuant to section 632 of the
[MB Docket No. 16–126; FCC 17–73] National Cable & Telecommunications Communications Act of 1934, as
Association and the American Cable amended, 47 U.S.C. 552, and sections
Declaratory Ruling That Cable Association filed a Petition for 1.2 and 76.1602 of the Commission’s
Operators May Provide Notice by Email Declaratory Ruling with the rules, 47 CFR 1.2, 76.1602, that the
Commission requesting that the Petition for Declaratory Ruling filed by
AGENCY: Federal Communications Commission clarify that the notices may the National Cable &
Commission. be delivered to customers via email. The Telecommunications Association and
ACTION: Final rule; declaratory ruling. Media Bureau published a Public Notice the American Cable Association is
seeking comment on the Petition in the granted to the extent indicated herein
SUMMARY: In this Declaratory Ruling, the Federal Register, 81 FR 24050–01 (April and is otherwise denied. It is further
Commission clarifies that cable 25, 2016). Permitting cable operators to ordered that this Declaratory Ruling
operators may provide required written comply with section 76.1602(b) by shall be effective upon the date
information to subscribers by email to a delivering the required information via specified in a notice published in the
verified email address and must include email falls squarely within the language Federal Register announcing Office of
a telephone number for subscribers to of the rule. It is reasonable to interpret Management and Budget approval of the
opt out of email notification at any time the term ‘‘written information’’ in information collection requirements
and choose to continue to receive paper section 76.1602(b) to include pursuant to the Paperwork Reduction
copies of the notices. information delivered by email. The Act. The Office of Management and
DATES: Applicable August 1, 2017. benefits of permitting email delivery Budget approved this non-substantive
FOR FURTHER INFORMATION CONTACT: include the positive environmental change to the information collection for
Katie Costello of the Policy Division, aspects of saving substantial amounts of 47 CFR 76.1602(b) on July 20, 2017.
Media Bureau at (202) 418–2233 or paper annually, increased efficiency and
Federal Communications Commission.
Katie.Costello@fcc.gov. enabling customers to more readily
access accurate information regarding Marlene H. Dortch,
SUPPLEMENTARY INFORMATION: This is a
their service options. This clarification Secretary.
summary of the Declaratory Ruling,
is consistent with other Commission [FR Doc. 2017–16075 Filed 7–31–17; 8:45 am]
dated June 16, 2017, released June 21,
2017, FCC 17–73, MB Docket No. 16– actions permitting electronic records in BILLING CODE 6712–01–P
126. The full text of the Declaratory lieu of paper records.
ruling is available for public inspection Electronic delivery of notices will
and copying during regular business ease the regulatory burden for all cable DEPARTMENT OF COMMERCE
hours in the FCC Reference Center, operators, including small cable
Federal Communications Commission, operators. In this Declaratory Ruling, a National Oceanic and Atmospheric
445 12th Street SW., Room CY–A257, verified email address is defined as (1) Administration
Washington, DC 20554. This document an email address that the customer has
will also be available via ECFS at http:// provided to the cable operator (and not 50 CFR Part 622
apps.fcc.gov/ecfs/. Documents will be vice versa) for purposes of receiving [Docket No. 161222999–7618–02]
available electronically in ASCII, communication, (2) an email address
that the customer regularly uses to RIN 0648–BG56
Microsoft Word, and/or Adobe Acrobat.
The complete text may be purchased communicate with the cable operator, or
Fisheries of the Caribbean, Gulf of
from the Commission’s copy contractor, (3) an email address that has been
Mexico, and South Atlantic; Coastal
445 12th Street SW., Room CY–B402, confirmed by the customer as an
Migratory Pelagic Resources in the
Washington, DC 20554. Alternative appropriate vehicle for the delivery of
Gulf of Mexico and Atlantic Region;
formats are available for people with notices. Use of a verified email address
Framework Amendment 5
disabilities (Braille, large print, will ensure that the notices have a high
electronic files, audio format), by probability of being successfully AGENCY: National Marine Fisheries
sending an email to fcc504@fcc.gov or delivered electronically to an email Service (NMFS), National Oceanic and
calling the Commission’s Consumer and address that the customer uses, so that Atmospheric Administration (NOAA),
Governmental Affairs Bureau at (202) the written information is actually Commerce.
418–0530 (voice), (202) 418–0432 provided to the customer. If no verified ACTION: Final rule.
(TTY). email contact information is available
for a customer, cable operators must SUMMARY: NMFS issues this final rule to
Synopsis continue to deliver the notices by paper implement management measures
The Commission issued a Declaratory copies. Customers must ‘‘be informed described in Framework Amendment 5
Ruling, FCC 17–73, on June 21, 2017 that they may request and receive a to the Fishery Management Plan for the
that clarifies that cable operators may paper version of their section 76.1602(b) Coastal Migratory Pelagic Resources of
provide the written notices required by notices’’ instead of email delivery. This the Gulf of Mexico and Atlantic Region
47 CFR 76.1602(b) via email to a option will afford customers the (FMP), as prepared and submitted
mstockstill on DSK30JT082PROD with RULES
verified email address and must include opportunity to opt out of email jointly by the Gulf of Mexico Fishery
a telephone number for customers to opt notification at any time and choose to Management Council and South
out of email notification at any time and continue to receive paper copies of the Atlantic Fishery Management Council
choose to receive paper copies of the notices. Cable operators must include an (Councils). This final rule removes the
notices. The Commission’s rule, 47 CFR opt-out telephone number that is clearly restriction on fishing for, or retaining
76.1602(b), requires cable operators to and prominently presented to customers the recreational bag and possession
provide their subscribers with written in the body of the originating email that limits of, king and Spanish mackerel on
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![35660 Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Rules and Regulations
Response: The final rule allows addition, no new reporting, record- the EEZ. If the recreational sector for the
commercial fishers with a Federal keeping, or other compliance applicable species, migratory group,
commercial permit for king or Spanish requirements are introduced by this zone, or gear is closed, all applicable
mackerel to use their permitted vessels final rule. harvest or possession in or from the EEZ
to fish for these species and retain the The Chief Counsel for Regulation of is prohibited.
recreational bag and possession limits the Department of Commerce certified (2) The sale or purchase of king
outside of the commercial seasons for to the Chief Counsel for Advocacy of the mackerel, Spanish mackerel, or cobia of
those species. However, under the Small Business Administration during the closed species, migratory group,
regulations already in place, the sale or the proposed rule stage that this final zone, or gear type is prohibited,
purchase of king or Spanish mackerel rule would not have a significant including any king or Spanish mackerel
taken under the recreational bag and economic impact on a substantial taken under the bag and possession
possession limits is prohibited when the number of small entities. The factual limits specified in § 622.382(a), or cobia
commercial season is closed. Thus any basis for this determination was taken under the limited-harvest species
fish taken in the circumstances allowed published in the proposed rule and is possession limit specified in
under the rule cannot be sold or not repeated here. No public comments § 622.383(b). The prohibition on the sale
purchased. were received on the proposed rule or purchase during a closure for coastal
Comment 3: Additional king mackerel regarding the certification, and NMFS migratory pelagic fish does not apply to
population information is needed to has not received any new information coastal migratory pelagic fish that were
avoid ecological or economic problems that would affect its determination. As harvested, landed ashore, and sold prior
in the Gulf and Atlantic before a result, a final regulatory flexibility to the effective date of the closure and
approving these changes to analysis was not required and none has were held in cold storage by a dealer or
management. been prepared. processor.
Response: As part of the development
List of Subjects in 50 CFR Part 622 ■ 4. In § 622.386, revise the introductory
of Framework Amendment 5, NMFS
and the Councils carried out an analysis text to read as follows:
Commercial, Recreational, Fisheries,
of the expected physical, biological, Fishing, Gulf of Mexico, South Atlantic, § 622.386 Restrictions on sale/purchase.
economic, social, and administrative King Mackerel, Spanish Mackerel. The restrictions in this section are in
effects of this action. This analysis addition to the restrictions on the sale
Dated: July 26, 2017.
incorporated data from the September or purchase related to commercial quota
2014 Southeast Data, Assessment, and Samuel D. Rauch III,
Deputy Assistant Administrator for closures as specified in § 622.384(e)(2).
Review (SEDAR) 38 stock assessment,
which determined that both the Gulf Regulatory Programs, National Marine * * * * *
Fisheries Service. [FR Doc. 2017–16134 Filed 7–31–17; 8:45 am]
and Atlantic migratory groups of king
mackerel are not overfished and are not For the reasons set out in the BILLING CODE 3510–22–P
undergoing overfishing. As explained in preamble, 50 CFR part 622 is amended
Framework Amendment 5, the as follows:
DEPARTMENT OF COMMERCE
additional amount of king mackerel that
would be harvested as a result of this PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND National Oceanic and Atmospheric
final rule is not quantifiable because the Administration
number of persons aboard commercially SOUTH ATLANTIC
permitted vessels who would fish for ■ 1. The authority citation for part 622 50 CFR Part 648
and retain the recreational bag and continues to read as follows:
possession limits of king and Spanish [Docket No. 170104014–7683–02]
mackerel once the harvest restriction is Authority: 16 U.S.C. 1801 et seq.
RIN 0648–BG53
removed and the number of days during ■ 2. In § 622.379, revise the last
which they could fish under the sentence in paragraph (a) to read as Magnuson-Stevens Fishery
recreational bag and possession limits follows: Conservation and Management Act
are not known. However, NMFS’ § 622.379 Incidental catch allowances. Provisions; Fisheries of the
analysis demonstrates, and the Councils Northeastern United States; Northeast
(a) * * * Incidentally caught king or
agree, that minimal impacts to the Groundfish Fishery; Framework
Spanish mackerel are counted toward
ecology or economy would be expected Adjustment 56
the quotas provided for under § 622.384
as a result of this final rule. The next
and are subject to the prohibition of sale AGENCY: National Marine Fisheries
SEDAR assessment will be completed in
under § 622.384(e)(2). Service (NMFS), National Oceanic and
the summer of 2018.
* * * * * Atmospheric Administration (NOAA),
Classification ■ 3. In § 622.384, revise paragraph (e) to Commerce.
The Regional Administrator, read as follows: ACTION: Final rule.
Southeast Region, NMFS has
determined that this final rule is § 622.384 Quotas. SUMMARY: This action partially approves
consistent with Framework Amendment * * * * * and implements Framework Adjustment
5, the FMP, the Magnuson-Stevens Act, (e) Restrictions applicable after a 56 to the Northeast Multispecies Fishery
and other applicable law. quota closure. (1) If the recreational Management Plan. This rule sets catch
mstockstill on DSK30JT082PROD with RULES
This final rule has been determined to sector for the applicable species, limits for 4 of the 20 groundfish stocks,
be not significant for purposes of migratory group, zone, or gear is open, adjusts several allocations and
Executive Order 12866. the bag and possession limits for king accountability measures for groundfish
The Magnuson-Stevens Act provides and Spanish mackerel specified in catch in groundfish and non-groundfish
the statutory basis for this final rule. No § 622.382(a) apply to all harvest or fisheries, and makes other
duplicative, overlapping, or conflicting possession for the closed species, administrative changes to groundfish
Federal rules have been identified. In migratory group, zone, or gear in or from management measures. This action is
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Document Created: 2018-10-24 11:43:03
Document Modified: 2018-10-24 11:43:03
| 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 August 31, 2017. | |
| Contact | Rich Malinowski, Southeast Regional Office, NMFS, telephone: 727-824-5305, or email: rich.mal[email protected] | |
| FR Citation | 82 FR 35658 | |
| RIN Number | 0648-BG56 | |
| CFR Associated | Commercial; Recreational; Fisheries; Fishing; Gulf of Mexico; South Atlantic; King Mackerel and Spanish Mackerel |
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