[Federal Register Volume 80, Number 187 (Monday, September 28, 2015)]
[Rules and Regulations]
[Pages 58219-58220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24577]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 150226189-5859-03]
RIN 0648-BE91


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management 
Measures; Correction

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

ACTION: Final rule; correcting amendment.

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SUMMARY: NMFS corrects the final rule that implemented management 
measures described in a framework action to the Fishery Management Plan 
for the Reef Fish Resources of the Gulf of Mexico (FMP), which 
published in the Federal Register on May 1, 2015. The framework final 
rule published shortly after the final rule for Amendment 40 to the FMP 
and not all of the regulatory text implemented by the Amendment 40 
final rule was incorporated into the final rule for the framework 
amendment. Specifically, the express references to the red snapper 
component quotas, annual catch targets (ACTs), and seasons lengths were 
left out of the final rule for the framework amendment. The purpose of 
this correcting amendment is to fix the error by reinstating the 
omitted regulatory text.

DATES: This correction is effective September 28, 2015.

FOR FURTHER INFORMATION CONTACT: Cynthia Meyer, telephone 727-824-5305; 
email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The final rule for Amendment 40 to the FMP published on April 22, 
2015 (80 FR 22422), and established two components within the 
recreational sector for Gulf of Mexico (Gulf) red snapper (a Federal 
charter vessel/headboat (for-hire) component and a private angling 
component), allocated the red snapper recreational quota between the 
components, established recreational component ACTs, established 
separate seasonal closures for the two components, and established 
component specific overage adjustments the year following an overage of 
the total recreational annual catch limit (ACL).
    The final rule for the framework amendment published on May 1, 
2015, and increased the commercial and recreational quotas for red 
snapper in the Gulf reef fish fishery for the 2015, 2016, and 2017 
fishing years, and subsequent fishing years (80 FR 24832). This rule 
did not change the structure of the separate components quotas and ACTs 
that were implemented in the Amendment 40 final rule.
    The regulatory text in the Amendment 40 final rule in Sec.  
622.41(q)(2)(i) and (ii), that expressly referred to component specific 
seasons and overage adjustments the year following an overage of the 
total recreational ACL, was not carried over into the final rule for 
the framework amendment. This notification corrects Sec.  
622.41(q)(2)(i) and (ii) by adding the necessary language from the 
Amendment 40 final rule back into the regulations.

Correction

    As published, the final rule for the framework amendment, published 
May 1, 2015 (80 FR 24832), did not reflect the regulatory text 
implemented by the final rule for Amendment 40, published April 22, 
2015 (80 FR 22422). Language is added to Sec.  622.41(q)(2)(i) and (ii) 
to correct that omission.

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
that this correcting amendment is necessary for the conservation and 
management of Gulf red snapper and is consistent with Amendment 40, the 
framework amendment, the FMP, the Magnuson-Stevens Fishery Conservation 
and Management Act, and other applicable law.
    This final rule has been determined to be not significant under 
Executive Order 12866.
    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 
rules for the framework amendment and Amendment 40 and the final rule 
for Amendment 40 included this regulatory text. This correcting 
amendment reinstates the regulatory text that was inadvertently omitted 
from the final rule for the framework action that published on May 1, 
2015 (80 FR 24832). If the rule was delayed to allow for prior notice 
and opportunity for public comment, it would cause confusion because 
the public believes that the omitted text is already included in the 
regulations.
    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. If the rule was delayed 
to allow for the 30-day delay in effectiveness, it would continue to 
cause confusion because the public believes that the omitted text is 
already included in the regulations.
    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.

List of Subjects in 50 CFR Part 622

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

    Dated: September 21, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries, 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, paragraphs (q)(2)(i) and (ii) are revised to read 
as follows:


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

* * * * *
    (q) * * *
    (2) * * *
    (i) The AA will determine the length of the red snapper 
recreational fishing season, or recreational fishing seasons for the 
Federal charter vessel/headboat and private angling components, based 
on when recreational landings are projected to reach the recreational 
ACT, or respective recreational component ACT specified in paragraph 
(q)(2)(iii) of this section, and announce the closure date(s) in the 
Federal Register. These seasons will serve as in-season accountability 
measures. On and after the effective date of the recreational

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closure or recreational component closure notifications, the bag and 
possession limit for red snapper or for the respective component is 
zero. When the recreational sector or Federal charter vessel/headboat 
component is closed, 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 paragraph (q)(2)(i) 
of this section, if red snapper recreational landings, as estimated by 
the SRD, exceed the total recreational quota specified in Sec.  
622.39(a)(2)(i)(A), and red snapper 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 to reduce the 
total recreational quota by the amount of the quota overage in the 
prior fishing year, and reduce the applicable recreational component 
quota(s) specified in Sec.  622.39(a)(2)(i)(B) and (C) and the 
applicable recreational component ACT(s) specified in paragraph 
(q)(2)(iii) of this section (based on the buffer between the total 
recreational ACT and the total recreational quota specified in the 
FMP), unless NMFS determines based upon the best scientific information 
available that a greater, lesser, or no overage adjustment is 
necessary.
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[FR Doc. 2015-24577 Filed 9-25-15; 8:45 am]
 BILLING CODE 3510-22-P