Vol. 78 Wednesday, No. 74 April 17, 2013 Part II Department of Commerce National Oceanic and Atmospheric Administration 15 CFR Part 902 50 CFR Parts 622 and 640 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Final Rule VerDate Mar<15>2010 17:02 Apr 16, 2013 Jkt 229001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\17APR2.SGM 17APR2 tkelley on DSK3SPTVN1PROD with RULES2 22950 Federal Register / Vol. 78, No. 74 / Wednesday, April 17, 2013 / Rules and Regulations DEPARTMENT OF COMMERCE 1. The addition of §§ 622.39(a)(1)(vii) FOR FURTHER INFORMATION CONTACT: and 622.41(q), and the suspension of Scott Sandorf, telephone: 727–824–5305 National Oceanic and Atmospheric §§ 622.39(a)(1)(vi) and 622.41(b), are or email: [email protected]. Administration effective April 17, 2013 through May 15, SUPPLEMENTARY INFORMATION: 2013. 15 CFR Part 902 2. The addition of § 622.193(n)(3) and Background the suspension of § 622.193(n)(1) are The regulations implementing the 50 CFR Parts 622 and 640 effective April 17, 2013 through May 6, FMPs approved under the Magnuson- 2013. [Docket No. 120403251–3290–01] Stevens Fishery Conservation and 3. The addition of § 622.39(c)(3) and Management Act (Magnuson-Stevens RIN 0648–BB70 the suspension of § 622.39(c)(1) are Act) for the domestic fisheries in the effective April 17, 2013 through Caribbean, Gulf of Mexico, and South Fisheries of the Caribbean, Gulf of September 23, 2013. Atlantic were last reorganized by NMFS Mexico, and South Atlantic 4. In § 622.2, the addition of in 1996 (61 FR 47821, September 11, definitions for ‘‘Off Alabama’’, ‘‘Off AGENCY: National Marine Fisheries 1996). Since then, Federal regulations Louisiana’’, and ‘‘Off Mississippi’’ is Service (NMFS), National Oceanic and for most fisheries have become more effective April 17, 2013 through Atmospheric Administration (NOAA), complex, and new fisheries have come September 23, 2013. Commerce. under Federal management. This has Comments may be submitted through significantly increased the length of the ACTION: Interim final rule; request for May 17, 2013. The IBR of certain overall regulations and has made it comments. publications listed in the rule is more difficult for constituents and other approved by the Director of the Federal SUMMARY: NMFS hereby reorganizes the users to locate applicable provisions of Register as of April 17, 2013. regulations implementing the fishery the regulations and to use the management plans (FMPs) for the ADDRESSES: You may submit comments regulations most effectively. Currently, following domestic fisheries in the on this document, identified by these regulations are organized by the Caribbean, Gulf of Mexico, and South ‘‘NOAA–NMFS–2012–0250’’, by any of categories of management measures Atlantic: Caribbean coral, Caribbean reef the following methods: applicable to all or most fisheries. For • Electronic Submission: Submit all fish, Caribbean spiny lobster, Caribbean example, bag and possession limits for electronic public comments via the queen conch, Gulf red drum, Gulf reef all of these fisheries are located under Federal e-Rulemaking Portal. Go to fish, Gulf shrimp, Gulf coral, Gulf and a single regulatory section heading, and www.regulations.gov/#!docketDetail;D= South Atlantic coastal migratory the same is true for other categories of NOAA–NMFS–2012–0250, click the pelagics, Gulf and South Atlantic spiny management measures, e.g., minimum ‘‘Comment Now!’’ icon, complete the size limits, seasonal harvest limitations lobster, South Atlantic coral, South required fields, and enter or attach your Atlantic snapper-grouper, South etc. In some cases, even after finding the comments. appropriate regulatory section heading, Atlantic shrimp, Atlantic dolphin and • Mail: Submit written comments to wahoo, South Atlantic golden crab, and a user must sort through numerous Scott Sandorf, Southeast Regional pages of regulatory text to find the South Atlantic pelagic sargassum. This Office, NMFS, 263 13th Avenue South, interim final rule does not create any regulatory provision specific to his or St. Petersburg, FL 33701. her fishery. This can be time consuming new rights or obligations; it reorganizes Instructions: Comments are the existing regulatory requirements in and confusing. In addition, some of the specificaly sought on the structure and current regulatory headings are not the Code of Federal Regulations in a format of the reorganization, not the sufficiently descriptive, e.g., ‘‘Species more logical format, i.e., by fishery, so regulations currently in effect, which specific limitations’’, or are rather constituents and other interested parties are outside the scope of this rulemaking. broad, e.g., ‘‘Limitations on traps or can locate regulatory requirements Comments sent by any other method, to pots.’’ NMFS has determined that the applicable to them more easily. As a any other address or individual, or current regulations need to be part of this reorganization, the received after the end of the comment reorganized to make them more user- implementing regulations for the Gulf period, may not be considered by friendly. and South Atlantic spiny lobster FMP NMFS. All comments received are a part This interim final rule reorganizes the have been consolidated into the same of the public record and will generally regulations for the 15 fisheries currently CFR part as all other regulations be posted for public viewing on in part 622 and reorganizes and implementing FMPs in the Caribbean, www.regulations.gov without change. incorporates the part 640 regulations Gulf of Mexico, and South Atlantic. All personal identifying information (Gulf and South Atlantic spiny lobster) This interim final rule also amends (e.g., name, address, etc.), confidential into part 622. With this incorporation, references to Paperwork Reduction Act business information, or otherwise all Magnuson-Stevens Act fisheries (PRA) collection-of-information sensitive information submitted regulations applicable to the Caribbean, requirements to reflect the voluntarily by the sender will be Gulf of Mexico, and South Atlantic are reorganization. Additionally, this publicly accessible. NMFS will accept now located in a single location, part interim final rule also amends anonymous comments (enter ‘‘N/A’’ in 622. references to incorporation by reference the required fields if you wish to remain This interim final rule reorganizes the (IBR) to reflect updated regulatory anonymous). Attachments to electronic part 622 regulations by fishery rather references for the Florida comments will be accepted in Microsoft than by category of management Administrative Code. The intended Word, Excel, or Adobe PDF file formats measures. Regulations specific to each effect of this interim final rule is to only. fishery are contained in a separate improve the organization of these Electronic copies of documents subpart within part 622. This allows a regulations and make them easier for supporting this interim final rule may constituent interested in the regulations constituents and others to use. be obtained from the Southeast Regional for a specific fishery to go directly to a DATES: This interim final rule is Office Web site at http:// subpart of the regulations that contains effective April 17, 2013, except: sero.nmfs.noaa.gov. all regulations specific to that fishery VerDate Mar<15>2010 17:02 Apr 16, 2013 Jkt 229001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\17APR2.SGM 17APR2 tkelley on DSK3SPTVN1PROD with RULES2 Federal Register / Vol. 78, No. 74 / Wednesday, April 17, 2013 / Rules and Regulations 22951 without sorting through regulations easier for most users to understand. suspended certain paragraphs within applicable to the other 15 fisheries. Although the defining coordinates for part 622 (see DATES section). Both added NMFS has determined that this the two definitions of ‘‘Off Florida’’ are and suspended paragraphs are included organization will be much more identical, this interim rule retains the in the regulatory text in this temporary efficient for the majority of constituents part 622 definition for clarity. In this final rule within instruction number 3, as well as other users. It should be noted interim final rule the two definitions of which revises part 622. Then the that, as is the case with the current ‘‘Import’’ are combined into one paragraphs that are suspended through regulations, some regulations that apply definition that maintains the these emergency and temporary rules broadly to numerous fisheries, e.g., geographical distinctions of the two are suspended in the regulatory text in purpose and scope, vessel separate definitions, with one this temporary final rule within identification, etc., are located in applicable to subpart R, Spiny Lobster instruction number 4. ‘‘General Provisions’’ within subpart A Fishery of the Gulf of Mexico and South Classification and, and where applicable, are in Atlantic, and the other applicable to addition to the regulations contained in Subpart T, Spiny Lobster Fishery of This interim final rule has been the specific fishery subparts. This was Puerto Rico and U.S. Virgin Islands. determined to be not significant for necessary to avoid unnecessary Additionally, this rule revises a purposes of Executive Order 12866. duplication. number of IBRs within the Federal This interim final rule contains To further improve the regulations, regulations. The Florida Administrative collection-of-information requirements this interim final rule uses more section Code has been reorganized