Rule2023-28901
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic Region; Amendment 49; Correction
Primary source
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Published
January 3, 2024
Effective
January 3, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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 correcting amendment is to fix these errors.
Full Text
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<title>Federal Register, Volume 89 Issue 2 (Wednesday, January 3, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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: <a href="/cdn-cgi/l/email-protection#7c111d0e05520a1d0e1d3c12131d1d521b130a"><span class="__cf_email__" data-cfemail="7a171b0803540c1b081b3a14151b1b541d150c">[email protected]</span></a>.
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]
BILLING CODE 3510-22-P
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