[Federal Register Volume 85, Number 224 (Thursday, November 19, 2020)]
[Rules and Regulations]
[Pages 73642-73643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25498]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 201112-0303]
RIN 0648-BK19


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the South Atlantic Region; Regulatory 
Amendment 27; 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 Regulatory Amendment 27 (Regulatory Amendment 27) 
to the Fishery Management Plan for the Snapper-Grouper Fishery of the 
South Atlantic Region (Snapper-Grouper FMP), which published in the 
Federal Register on January 27, 2020. That final rule modified 
management measures for commercially-caught red porgy in the South 
Atlantic exclusive economic zone (EEZ). In that final rule, NMFS 
inadvertently neglected to remove a regulation prohibiting the sale and 
purchase of red porgy during the months of January through April. The 
purpose of this correcting amendment is to fix that error.

DATES: This correction is effective November 19, 2020.

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

SUPPLEMENTARY INFORMATION: On January 27, 2020, NMFS published a final 
rule in the Federal Register (85 FR 4588) to implement revisions to 
commercial management measures contained in Regulatory Amendment 27 
that included regulatory revisions for South Atlantic red porgy, among 
other measures for snapper-grouper species. That final rule became 
effective on February 26, 2020.

Correction

    In the regulatory text of the final rule for Regulatory Amendment 
27, NMFS inadvertently neglected to remove a prohibition on the sale 
and purchase of red porgy during the months of January through April in 
50 CFR 622.192(f) that NMFS said it was removing.
    The discussions in Regulatory Amendment 27, as well as the 
associated proposed and final rules, were clear that the existing 
measure that prohibits the sale and purchase of red porgy from January 
through April was being removed. Thus, through this correcting 
amendment, NMFS corrects 50 CFR 622.192 by removing paragraph (f).

Classification

    Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator (AA) has determined that this final rule is 
consistent with Regulatory Amendment 27, the Snapper-Grouper FMP, other 
provisions of the Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be not significant under 
Executive Order 12866. This final rule is not an Executive Order 13771 
regulatory action because this final rule is not significant under 
Executive Order 12866.

[[Page 73643]]

    Pursuant to 5 U.S.C. 553(b)(B), the AA finds good cause to waive 
prior notice and opportunity for additional public comment because it 
would be unnecessary and contrary to the public interest. This 
correcting amendment removes an incorrect restriction applicable to the 
sale and purchase of red porgy during the months of January through 
April. Providing prior notice and opportunity for public comment is 
unnecessary and contrary to the public interest because the final rule 
implementing Regulatory Amendment 27 that explained it would be 
removing this restriction was already subject to notice and public 
comment, and further opportunity for public comment would delay the 
removal of the sale and purchase restriction for red porgy during 
January through April, which remains in the regulations in error. 
Further, this correction is a non-substantive change and retaining the 
incorrect restriction will cause confusion among the affected fishermen 
and law enforcement.
    For the same reasons, the AA also finds good cause, pursuant to 5 
U.S.C. 553(d)(3), to waive the 30-day delay in effective date for this 
correcting amendment, because this non-substantive correction will 
prevent confusion about the sale and purchase of red porgy each year 
during January through April.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, this rule is 
exempt from the procedures of the Regulatory Flexibility Act. 
Accordingly, no Regulatory Flexibility Analysis is required and none 
has been prepared.
    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 622

    Commercial, Fisheries, Fishing, Red porgy, South Atlantic.

    Dated: November 12, 2020.
Samuel D. Rauch III,
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 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.


Sec.  622.192   [Amended]

0
2. In Sec.  622.192, remove and reserve paragraph (f).

[FR Doc. 2020-25498 Filed 11-18-20; 8:45 am]
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