Rule2025-05362
Comprehensive Fishery Management Plans for Puerto Rico, St. Croix, and St. Thomas and St. John; Correction
Primary source
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Published
March 31, 2025
Effective
March 31, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS corrects the final rule that implemented management measures described in the Puerto Rico, St. Croix, and St. Thomas and St. John Fishery Management Plans (collectively, island-based FMPs), which published in the Federal Register on September 13, 2022. Among other measures, the final rule revised species tables in Appendix A to part 622 and inadvertently removed banded rudderfish from the South Atlantic snapper-grouper species table. The purpose of this correcting amendment is to fix this inadvertent error.
Full Text
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<title>Federal Register, Volume 90 Issue 60 (Monday, March 31, 2025)</title>
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[Federal Register Volume 90, Number 60 (Monday, March 31, 2025)]
[Rules and Regulations]
[Page 14210]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05362]
[[Page 14210]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 250325-0049]
RIN 0648-BD32
Comprehensive Fishery Management Plans for Puerto Rico, St.
Croix, and St. Thomas and St. John; 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 the Puerto Rico, St. Croix, and St. Thomas and
St. John Fishery Management Plans (collectively, island-based FMPs),
which published in the Federal Register on September 13, 2022. Among
other measures, the final rule revised species tables in Appendix A to
part 622 and inadvertently removed banded rudderfish from the South
Atlantic snapper-grouper species table. The purpose of this correcting
amendment is to fix this inadvertent error.
DATES: This correction is effective March 31, 2025.
FOR FURTHER INFORMATION CONTACT: Sarah Stephenson, Southeast Regional
Office, NMFS, 727-824-5305, <a href="/cdn-cgi/l/email-protection#2152405340490f5255445149444f524e4f614f4e40400f464e57"><span class="__cf_email__" data-cfemail="64170516050c4a171001140c010a170b0a240a0b05054a030b12">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On September 22, 2020, the Secretary of
Commerce approved the island-based FMPs under section 304(a)(3) of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). On September 13, 2022, NMFS published a final rule in the
Federal Register (87 FR 56204) to implement management measures in the
island-based FMPs, pursuant to section 304(b)(3) of the Magnuson-
Stevens Act, which became effective on October 13, 2022. Pursuant to
section 305(d) of the Magnuson-Stevens Act, NMFS is issuing a
correcting amendment to the final rule.
Correction
The regulatory text of the final rule implementing the island-based
FMPs inadvertently removed banded rudderfish from Table 2 to Appendix A
(South Atlantic Snapper-Grouper) under the table sub-heading for
Carangidae--Jacks. Through this correcting amendment, NMFS corrects
Table 2 to Appendix A of 50 CFR part 622 by re-inserting banded
rudderfish to the list of species under the entry for Carangidae--
Jacks. The island-based FMPs and the implementing final rule did not
revise regulations for species managed by the South Atlantic Fishery
Management Council. Banded rudderfish was included in Table 2 to
Appendix A in the proposed rule published in the Federal Register on
May 19, 2022 (87 FR 30730). Banded rudderfish remains a species managed
under the snapper-grouper fishery management unit (FMU) in the South
Atlantic and its inclusion is consistent with the Snapper-Grouper FMP.
Classification
NMFS is issuing this rule pursuant to section 305(d) of the
Magnuson-Stevens Act. Pursuant to section 305(d), this action is
necessary to be consistent with management of the South Atlantic
snapper-grouper fishery management unit under the FMP for the Snapper-
Grouper Fishery of the South Atlantic Region. The NMFS Assistant
Administrator (AA) has determined that this final rule is consistent
with the island-based FMPs, 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 restores a species currently managed in the
snapper-grouper FMU that was inadvertently removed from Table 2 to
Appendix A. Providing prior notice and opportunity for public comment
is unnecessary and contrary to the public interest because the
Caribbean island-based FMPs did not consider or analyze removal of
banded rudderfish from Table 2, and because the regulations that
correctly included banded rudderfish as part of Table 2 to Appendix A
have already been subject to notice and public comment. Providing an
additional opportunity for public comment would add unnecessary delay
to the correct version of Table 2 with banded rudderfish in the list of
species in the snapper-grouper FMU. Further, retaining the incorrect
version of Table 2 will continue to cause confusion about the species
managed under the snapper-grouper FMU, which are applicable to
management measures contained in the Snapper-Grouper FMP.
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
Caribbean, Commercial, Fisheries, Fishing, Recreational.
Dated: March 25, 2025.
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 Appendix A to Part 622, amend table 2, under the sub-heading
Carangidae--Jacks, by adding an entry at the end of the list for
``Banded rudderfish, Seriola zonata'' to read as follows:
* * * * *
Table 2 to Appendix A to Part 622--South Atlantic Snapper-Grouper
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* * * * *
Carangidae--Jacks
* * * * *
Banded rudderfish, Seriola zonata
* * * * *
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[FR Doc. 2025-05362 Filed 3-28-25; 8:45 am]
BILLING CODE 3510-22-P
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