[Federal Register Volume 77, Number 97 (Friday, May 18, 2012)]
[Rules and Regulations]
[Pages 29555-29556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12156]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 110831547-2425-03]
RIN 0648-BB26


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Comprehensive Ecosystem-Based Amendment 2 for the South Atlantic 
Region; Correction

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

ACTION: Correcting amendment.

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SUMMARY: This action corrects the final rule implementing the 
Comprehensive Ecosystem-Based Amendment 2 (CE-BA 2) for the South 
Atlantic region, which was published in the Federal Register on 
December 30, 2011. This correcting amendment removes a paragraph of 
regulatory text that was incorrectly retained and will eliminate any 
possible confusion over what the regulations require.

DATES: This correction is effective May 18, 2012.

FOR FURTHER INFORMATION CONTACT: Anne Marie Eich, 727-824-5305; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    On December 30, 2011, NMFS published a final rule to implement CE-
BA 2 (76 FR 82183). On January 30, 2012, NMFS published a correction to 
that final rule which revised the organization of the regulatory text 
implemented in CE-BA 2 (77 FR 4493). That final rule (76 FR 82183) and 
the correction (77 FR 4493) in part modified the fishery management 
unit (FMU) for octocorals under the Fishery Management Plan (FMP) for 
Coral, Coral Reefs, and Live/Hard Bottom Habitats of the South Atlantic 
Region (South Atlantic Coral FMP) in the South Atlantic exclusive 
economic zone (EEZ).
    On December 29, 2011, NMFS published a final rule to implement the 
Generic Annual Catch Limits/Accountability Measures Amendment (Generic 
ACL Amendment) to the Red Drum, Reef Fish Resources, Shrimp, and Coral 
and Coral Reefs FMPs for the Gulf of Mexico (Gulf)(76 FR 82044). That 
final rule in part modified the FMU for octocorals under the Coral and 
Coral Reefs FMP (Gulf Coral FMP) in the Gulf EEZ.
    Prior to implementation of the final rules for CE-BA 2 and the 
Generic ACL Amendment, a 50,000 colony quota for allowable octocoral 
was in place in the Gulf and South Atlantic EEZs and a prohibition on 
the harvest of octocorals north of Florida, in the South Atlantic EEZ 
was in effect. CE-BA 2 removed octocorals from the FMU off Florida, in 
the South Atlantic EEZ, and as such modified the FMU for octocorals 
under the South Atlantic Coral FMP to include octocorals in the EEZ off 
North Carolina, South Carolina, and Georgia only. CE-BA 2 included an 
ACL for octocorals in the EEZ off North Carolina, South Carolina, and 
Georgia of zero. The Generic ACL Amendment removed octocorals from the 
FMU in the Gulf EEZ. Therefore, Federal management of octocorals in the 
South Atlantic EEZ off

[[Page 29556]]

Florida and in the Gulf EEZ is no longer included under the South 
Atlantic or Gulf Coral FMPs.
    Florida's Fish and Wildlife Conservation Commission (FWC) is 
currently responsible for the majority of the management, 
implementation, and enforcement of octocoral harvest because the 
majority of octocoral harvest occurs in Florida state waters. In the 
absence of Federal regulations, the FWC regulations on octocoral 
harvest apply to adjacent Federal waters (68B-42.006 of the Florida 
Administrative Code).

Need for Correction

    After the regulations implementing CE-BA 2 and the Generic ACL 
Amendment became effective on January 30, 2012, NMFS determined that 
the quota for Gulf allowable octocoral, specified in paragraph (b) of 
Sec.  622.42, was inadvertently retained in the regulations. The final 
rule implementing the Generic ACL Amendment removed the allowable 
octocoral quota for the Gulf EEZ, and the final rule implementing CE-BA 
2 removed the allowable octocoral quota for the South Atlantic EEZ. 
However, these two final rules became effective on the same day and the 
Gulf allowable octocoral quota was inadvertently retained in the 
regulations through the final rule implementing CE-BA 2. NMFS's intent 
was to remove the quota for both Gulf and South Atlantic allowable 
octocoral from the regulations because the quota is no longer managed 
under Federal FMPs. This correcting amendment is necessary to remove 
and reserve paragraph (b) in Sec.  622.42.

Correction

    As published, the final rule implementing CE-BA 2 contains an error 
in the regulatory text. In Sec.  622.42, paragraph (b) should be 
removed and reserved. All other information remains unchanged and will 
not be repeated in this correction.

Classification

    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for 
Fisheries, NOAA, finds good cause to waive prior notice and opportunity 
for additional public comment for this action because it would be 
unnecessary and contrary to the public interest. This correcting 
amendment removes a paragraph of regulatory text that was incorrectly 
retained. NMFS incorrectly retained the quota for Gulf allowable 
octocoral in the CE-BA 2 final rule. The Generic ACL Amendment removed 
octocoral from Federal management in the Gulf EEZ. Notice and comment 
is unnecessary because the public had notice and an opportunity to 
comment on the removal of the quota for Gulf allowable octocoral when 
NMFS promulgated the proposed rule for the Generic ACL Amendment. The 
public has been led to believe that the quota for Gulf allowable 
octocoral was removed from the regulations on the effective date of the 
final rule implementing the Generic ACL Amendment. The delay caused by 
an additional public comment period might cause confusion among 
regulated parties and would therefore be contrary to the public 
interest.
    For the same reasons, the Assistant Administrator also finds good 
cause, pursuant to 5 U.S.C. 553(d), to waive the 30-day delay in 
effective date for this correcting amendment. This correction removes 
regulatory text that the public believed was previously removed and 
does not change operating practices in Gulf or South Atlantic 
fisheries.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable.
    This rule has been determined to be not significant under Executive 
Order 12866.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping 
requirements, Virgin Islands.

    Dated: May 15, 2012.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
    Accordingly, 50 CFR part 622 is corrected by making the following 
correcting amendment:

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

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

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


Sec.  622.42  [Amended]

0
2. In Sec.  622.42, paragraph (b) is removed and reserved.

[FR Doc. 2012-12156 Filed 5-17-12; 8:45 am]
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