[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Rules and Regulations]
[Pages 276-277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28901]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 231226-0316]
RIN 0648-BL93


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the South Atlantic Region; Amendment 49; 
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 Amendment 49 to the Fishery Management Plan for 
the Snapper-Grouper Fishery of the South Atlantic Region (FMP), which 
published in the Federal Register on September 26, 2023. For greater 
amberjack, that final rule revised the sector annual catch limits 
(ACLs), the commercial minimum size limit, the commercial seasonal trip 
limits, and the April spawning season closure. In addition, Amendment 
49 revised the overfishing limit, acceptable biological catch, annual 
optimum yield, and sector allocations of the total ACL, as well as 
removed the recreational annual catch targets for species in the FMP. 
In that final rule, NMFS inadvertently neglected to include a 
previously contained commercial quota provision that did not change 
through Amendment 49, and did not include a commercial trip limit 
paragraph heading that did not change through Amendment 49. The purpose 
of this

[[Page 277]]

correcting amendment is to fix these errors.

DATES: This correction is effective January 3, 2024.

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

SUPPLEMENTARY INFORMATION: On September 26, 2023, NMFS published a 
final rule in the Federal Register (88 FR 65819) to implement revisions 
to greater amberjack management measures contained in Amendment 49 that 
included, among other actions, regulatory revisions for commercial 
quotas and commercial trip limits. That final rule became effective on 
October 26, 2023.

Corrections

    In the regulatory text of the final rule for Amendment 49, NMFS 
inadvertently neglected to include the pre-existing greater amberjack 
commercial seasonal quota carryover provision at 50 CFR 
622.190(a)(3)(iii) within 50 CFR 622.190(a)(3), when also revising 
paragraphs (a)(3)(i) and (ii) of the section. The text within 50 CFR 
622.190(a)(3)(iii) states, ``Any unused portion of the quota specified 
in paragraph (a)(3)(i) of this section will be added to the quota 
specified in paragraph (a)(3)(ii) of this section. Any unused portion 
of the quota specified in paragraph (a)(3)(ii) of this section, 
including any addition of quota specified in paragraph (a)(3)(i) of 
this section that was unused, will become void and will not be added to 
any subsequent quota.''
    The discussions in Amendment 49, as well as the associated proposed 
and final rules, were clear that for greater amberjack commercial 
quotas, only the seasonal quota values themselves were to change, not 
the existing quota carryover provision, and therefore it should have 
also been included within the rest of the text at 50 CFR 622.190(a)(3). 
Thus, through this correcting amendment NMFS corrects 50 CFR 622.190 by 
adding the mistakenly removed paragraph (a)(3)(iii) that was effective 
and in the regulations prior to the implementation of Amendment 49.
    Additionally, in the regulatory text of the final rule for 
Amendment 49, NMFS inadvertently neglected to include a paragraph 
heading for greater amberjack within the commercial trip limits at 50 
CFR 622.191(a)(5). Amendment 49 revised the greater amberjack trip 
limit and when drafting the associated regulatory text for that trip 
limit, NMFS inadvertently did not include ``Greater amberjack'' as the 
heading for paragraph (a)(5) of the section. Thus, through this 
correcting amendment NMFS adds back in the heading of ``Greater 
amberjack'' at 50 CFR 622.191(a)(5) that was effective and in the 
regulations prior to the implementation of Amendment 49.

Classification

    Pursuant to section 305(d) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator (AA) has determined that this final rule is 
consistent with Amendment 49, the FMP, the Magnuson-Stevens 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 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 adds back into the regulations a needed commercial 
quota provision and a commercial trip limit paragraph heading that were 
inadvertently not included in the final rule implementing Amendment 49. 
Providing prior notice and opportunity for public comment is 
unnecessary and contrary to the public interest. The final rules that 
implemented the erroneously removed codified provisions and the greater 
amberjack management measures in Amendment 49 were already subject to 
notice and public comment. Additional opportunity for public comment 
would delay inclusion of the previously effective commercial quota and 
trip limit provisions which were inadvertently removed in the 
regulatory text. Further, this correction will prevent confusion about 
greater amberjack commercial quota provisions and add clarity to the 
commercial trip limit regulations.
    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 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, Greater amberjack, South Atlantic.

    Dated: December 28, 2023.
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.


0
2. In Sec.  622.190, add paragraph (a)(3)(iii) to read as follows:


Sec.  622.190  Quotas.

* * * * *
    (a) * * *
    (3) * * *
    (iii) Any unused portion of the quota specified in paragraph 
(a)(3)(i) of this section will be added to the quota specified in 
paragraph (a)(3)(ii) of this section. Any unused portion of the quota 
specified in paragraph (a)(3)(ii) of this section, including any 
addition of quota specified in paragraph (a)(3)(i) of this section that 
was unused, will become void and will not be added to any subsequent 
quota.
* * * * *

0
3. In Sec.  622.191, revise paragraph (a)(5) to read as follows:


Sec.  622.190  Commercial trip limits.

* * * * *
    (a) * * *
    (5) Greater amberjack. Until the applicable commercial quota 
specified in Sec.  622.190(a)(3) is reached--1,200 lb (544 kg). See 
Sec.  622.190(c)(1) for the limitations regarding greater amberjack 
after the applicable commercial quota is reached.
* * * * *
[FR Doc. 2023-28901 Filed 1-2-24; 8:45 am]
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