[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)]
[Proposed Rules]
[Pages 58466-58467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20404]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BG19


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Amendment 45

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

ACTION: Notice of availability; request for comments.

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SUMMARY: The Gulf of Mexico (Gulf) Fishery Management Council (Council) 
has submitted Amendment 45 to the Fishery Management Plan for the Reef 
Fish Resources of the Gulf of Mexico (FMP) for review, approval, and 
implementation by NMFS. Amendment 45 would extend the sunset date of 
the red snapper sector separation measures for an additional 5 years, 
through the end of the 2022 fishing year. The intent of Amendment 45 is 
to extend the sector separation measures to allow the Council more time 
to consider and possibly develop alternative management strategies 
within the Gulf red snapper recreational sector.

DATES: Written comments must be received on or before October 24, 2016.

ADDRESSES: You may submit comments on the amendment identified by 
``NOAA-NMFS-2016-0089'' by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0089, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Peter Hood, Southeast 
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of

[[Page 58467]]

the comment period, may not be considered by NMFS. All comments 
received are a part of the public record and will generally be posted 
for public viewing on www.regulations.gov without change. All personal 
identifying information (e.g., name, address, etc.), confidential 
business information, or otherwise sensitive information submitted 
voluntarily by the sender will be publicly accessible. NMFS will accept 
anonymous comments (enter ``N/A'' in the required fields if you wish to 
remain anonymous).
    Electronic copies of Amendment 45, which includes an environmental 
assessment, a fishery impact statement, a Regulatory Flexibility Act 
analysis, and a regulatory impact review, may be obtained from the 
Southeast Regional Office Web site at http://sero.nmfs.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Peter Hood, Southeast Regional Office, 
NMFS, telephone: 727-824-5305; email: [email protected].

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires each regional 
fishery management council to submit any fishery management plan or 
amendment to any plan to NMFS for review and approval, partial 
approval, or disapproval. The Magnuson-Stevens Act also requires that 
NMFS, upon receiving a plan or plan amendment, publish an announcement 
in the Federal Register notifying the public that the plan or plan 
amendment is available for review and comment.
    The FMP being revised by Amendment 45 was prepared by the Council 
and implemented through regulations at 50 CFR part 622 under the 
authority of the Magnuson-Stevens Act.

Background

    Amendment 40 to the FMP separated the Federal recreational red 
snapper sector as a way to provide the basis for increased flexibility 
in future management as well as minimize the chance for recreational 
quota overruns, which could jeopardize the rebuilding of the red 
snapper stock (80 FR 22422, April 22, 2015). Amendment 40 established 
sector separation by defining distinct private angling and Federal for-
hire (charter vessel and headboat) components within the recreational 
sector of those who fish for red snapper, allocated red snapper 
resources between the components, and established component-specific 
accountability measures through the use of component annual catch 
targets to project recreational fishing season lengths. Amendment 40 
defined the Federal for-hire component as including operators of 
vessels with Federal charter vessel/headboat permits for Gulf reef fish 
and their angler clients. The private angling component was defined as 
including anglers fishing from private vessels and state-permitted for-
hire vessels.
    Amendment 40 also applied a 3-year sunset provision for the 
regulations implemented through its final rule. The sunset provision 
maintained the measures for sector separation through the end of the 
2017 fishing year, on December 31, 2017. The 3-year sunset provision 
was included to provide an incentive for the Council to continue to 
evaluate alternative management measures or programs for the 
recreational sector. Unless modified, after the 2017 fishing year, on 
January 1, 2018, the management measures implemented through Amendment 
40 will expire and the recreational sector will be managed as a single 
entity. The Council is currently working to develop and approve other 
amendments to address the management of the charter and headboat 
fishing within the Federal for-hire component (Amendments 41 and 42 to 
the FMP, respectively). The development of these amendments is taking 
longer than the Council anticipated, and if approved by NMFS, would 
likely not be effective until after the sector separation provisions 
expire on December 31, 2017. Therefore, the Council determined there 
was a need to extend the sunset provision for an additional 5 years 
past the original sunset date.

Management Measure Contained in Amendment 45

    Amendment 45 would extend the 3-year sunset provision for the 
separation of the Federal for-hire and private angling recreational 
components for Gulf red snapper and associated management measures for 
an additional 5 years. If implemented, this would extend Gulf 
recreational red snapper sector separation through the end of the 2022 
fishing year, on December 31, 2022, rather than the current sunset date 
of December 31, 2017. Beginning on January 1, 2023, the red snapper 
recreational sector would be managed as a single entity without the 
separate Federal for-hire and private angling components. The Council 
would need to take further action for these recreational components and 
management measures to extend beyond the 5-year extension proposed in 
Amendment 45.
    A proposed rule that would implement Amendment 45 has been drafted. 
In accordance with the Magnuson-Stevens Act, NMFS is evaluating 
Amendment 45 to determine whether it is consistent with the FMP, the 
Magnuson-Stevens Act, and other applicable law. If the determination is 
affirmative, NMFS will publish the proposed rule in the Federal 
Register for public review and comment.

Consideration of Public Comments

    The Council has submitted Amendment 45 for Secretarial review, 
approval, and implementation. Comments on Amendment 45 must be received 
by October 24, 2016. Comments received during the respective comment 
periods, whether specifically directed to the amendment or the proposed 
rule, will be considered by NMFS in its decision to approve, partially 
approve, or disapprove Amendment 45. All comments received by NMFS on 
the amendment or the proposed rule during their respective comment 
periods will be addressed in the final rule.

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

    Dated: August 22, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-20404 Filed 8-24-16; 8:45 am]
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