[Federal Register Volume 78, Number 128 (Wednesday, July 3, 2013)]
[Rules and Regulations]
[Pages 40043-40044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16018]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 121004518-3559-02]
RIN 0648-BC66


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Amendment 37; 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 Amendment 37 
to the FMP for the Reef Fish Resources of the Gulf of Mexico (Gulf Reef 
Fish Amendment 37), which was published in the Federal Register on May 
9, 2013. This correcting amendment revises an amendatory instruction 
that precluded incorporation of new regulatory language in the final 
rule implementing Gulf Reef Fish Amendment 37 into the Code of Federal 
Regulations. The intent of this correcting amendment is to correct the 
amendatory instruction and regulatory text to eliminate confusion among 
interested persons.

DATES: This correction is effective July 3, 2013.

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

SUPPLEMENTARY INFORMATION:

Background

    On May 9, 2013, NMFS published a final rule to implement Gulf Reef 
Fish Amendment 37 (78 FR 27084). That final rule, in part, revised the 
recreational annual catch limits (ACLs) and accountability measures 
(AMs) for gray triggerfish harvested in the Gulf. The management 
measures contained in the final rule to implement Gulf Reef Fish 
Amendment 37 revised temporary

[[Page 40044]]

measures originally implemented in a final temporary rule effective 
through November 10, 2012 (77 FR 28308, May 14, 2012), and extended 
through May 15, 2013 (77 FR 67303, November 9, 2012). The final rule 
implementing Gulf Reef Fish Amendment 37 contained the correct 
regulatory text but the instruction for amending paragraph (b) of Sec.  
622.41 failed to lift the suspension of that paragraph.

Need for Correction

    After publication of the final rule for Gulf Reef Fish Amendment 
37, NMFS determined that it contained an incorrect amendatory 
instruction. The amendatory instruction should have lifted the 
suspended regulatory text implemented through temporary measures that 
revised the recreational ACLs and AMs for gray triggerfish harvested in 
the Gulf, specified in paragraph (b) of Sec.  622.41, as well as 
revised that paragraph. This correcting amendment is necessary to 
revise this amendatory instruction.

Correction

    As published, the final rule implementing Gulf Reef Fish Amendment 
37 contains an error in the amendatory instructions. In Sec.  622.41, 
the suspension of paragraph (b) should be lifted and then paragraph (b) 
should be revised. 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. Providing prior notice 
and the opportunity for public comment is unnecessary because the 
public received notice and an opportunity to comment on the proposed 
rule for Gulf Reef Fish Amendment 37 (78 FR 10122, February 13, 2013). 
This correcting amendment simply revises an amendatory instruction that 
was incorrect in the final rule. Further, any delay caused by an 
additional public comment period might cause confusion because the 
incorrect ACL is currently in place 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.
    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. Accordingly, no Regulatory Flexibility 
Analysis is required and none has been prepared.
    This rule has been determined to be not significant under Executive 
Order 12866.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Gulf of Mexico.

    Dated: June 28, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs, 
National Marine Fisheries Service.

    Accordingly, 50 CFR part 622 is corrected by making the following 
correcting amendments:

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.  622.41, the suspension of paragraph (b) is lifted and 
paragraph (b) is revised to read as follows:


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

* * * * *
    (b) Gray triggerfish--(1) Commercial sector. If commercial 
landings, as estimated by the SRD, reach or are projected to reach the 
commercial ACT (commercial quota) specified in Sec.  622.39(a)(1)(vi), 
the AA will file a notification with the Office of the Federal Register 
to close the commercial sector for the remainder of the fishing year. 
In addition, if despite such closure, commercial landings exceed the 
commercial ACL, the AA will file a notification with the Office of the 
Federal Register, at or near the beginning of the following fishing 
year to reduce the commercial ACL and ACT (commercial quota) for that 
following year by the amount the prior-year ACL was exceeded. The 
commercial ACL is 64,100 lb (29,075 kg), round weight.
    (2) Recreational sector. (i) Without regard to overfished status, 
if gray triggerfish recreational landings, as estimated by the SRD, 
reach or are projected to reach the applicable ACT specified in 
paragraph (b)(2)(iii) of this section, the AA will file a notification 
with the Office of the Federal Register, to close the recreational 
sector for the remainder of the fishing year. On and after the 
effective date of such a notification, the bag and possession limit of 
gray triggerfish in or from the Gulf EEZ is zero. This bag and 
possession limit applies in the Gulf on board a vessel for which a 
valid Federal charter vessel/headboat permit for Gulf reef fish has 
been issued, without regard to where such species were harvested, i.e. 
in state or Federal waters.
    (ii) In addition to the measures specified in paragraphs (b)(2)(i) 
of this section, if gray triggerfish recreational landings, as 
estimated by the SRD, exceed the applicable ACL specified in paragraph 
(b)(2)(iii) of this section, and gray triggerfish are overfished, based 
on the most recent Status of U.S. Fisheries Report to Congress, the AA 
will file a notification with the Office of the Federal Register, at or 
near the beginning of the following fishing year to reduce the ACL and 
the ACT for that following year by the amount of the ACL overage in the 
prior fishing year, unless the best scientific information available 
determines that a greater, lesser, or no overage adjustment is 
necessary.
    (iii) The recreational ACL for gray triggerfish is 241,200 lb 
(109,406 kg), round weight. The recreational ACT for gray triggerfish 
is 217,100 lb (98,475 kg), round weight. Recreational landings will be 
evaluated relative to the ACL based on a moving multi-year average of 
landings, as described in the FMP.
* * * * *
[FR Doc. 2013-16018 Filed 7-2-13; 8:45 am]
BILLING CODE 3510-22-P