19056 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.) 

This rule does not contain any new 

collections of information that require 

approval by the Office of Management 

and Budget (OMB) under the Paperwork 

Reduction Act. This rule will not 

impose recordkeeping or reporting 

requirements on State or local 

governments, individuals, businesses, or 

organizations. An agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information unless it displays a 

currently valid OMB control number. 

National Environmental Policy Act (42 

U.S.C. 4321 et seq.) 

We have prepared a draft 

environmental assessment, as defined 

under the authority of the National 

Environmental Policy Act of 1969. For 

information on how to obtain a copy of 

the draft environmental assessment, see 

ADDRESSES, above. 

Government-to-Government 

Relationship With Tribes 

In accordance with the President’s 

memorandum of April 29, 1994 

(Government-to-Government Relations 

with Native American Tribal 

Governments; 59 FR 22951), Executive 

Order 13175 (Consultation and 

Coordination with Indian Tribal 

Governments), and the Department of 

the Interior’s manual at 512 DM 2, we 

readily acknowledge our responsibility 

to communicate meaningfully with 

recognized Federal Tribes on a 

government-to-government basis. In 

accordance with Secretarial Order 3206 

of June 5, 1997 (American Indian Tribal 

Rights, Federal-Tribal Trust 

Responsibilities, and the Endangered 

Species Act), we readily acknowledge 

our responsibilities to work directly 

with tribes in developing programs for 

healthy ecosystems, to acknowledge that 

tribal lands are not subject to the same 

controls as Federal public lands, to 

remain sensitive to Indian culture, and 

to make information available to tribes. 

We determined that there are no known 

tribal lands within the range of the 

Georgetown salamander. 

Authors 

The primary authors of this proposed 

rule are the staff members of the Austin 

Ecological Services Field Office (see FOR

FURTHER INFORMATION CONTACT) and the 

Southwest Regional Office. 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Reporting and 

recordkeeping requirements, 

Transportation. 

Proposed Regulation Promulgation 

Accordingly, we propose to further 

amend part 17, subchapter B of chapter 

I, title 50 of the Code of Federal 

Regulations, as proposed to be amended 

at 79 FR 10077 (February 24, 2014) as 

set forth below: 

PART 17—[AMENDED] 

■ 1. The authority citation for part 17 

continues to read as follows: 

Authority: 16 U.S.C. 1361–1407; 1531– 

1544; 4201–4245; unless otherwise noted. 

■ 2. Amend § 17.43 by revising 

paragraph (e)(2), as proposed to be 

added on February 24, 2014 (79 FR 

10077), to read as follows: 

§ 17.43 Special rules—amphibians. 

* * * * * 

(e) * * * 

(2) Exemptions from prohibitions. 

Incidental take of the Georgetown 

salamander will not be considered a 

violation of section 9 of the Act if the 

take occurs on privately owned, State, 

or county land from regulated activities 

that are conducted consistent with the 

water quality protection measures 

contained in chapter 11.07 and 

Appendix A of the City of Georgetown 

(Texas) Unified Development Code 

(UDC) dated February 24, 2015. 

* * * * * 

Dated: March 31, 2015. 

Robert Dreher, 

Acting Director, U.S. Fish and Wildlife 

Service. 

[FR Doc. 2015–08093 Filed 4–8–15; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 140819687–5314–01] 

RIN 0648–BE40 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources in the 

Gulf of Mexico and Atlantic Region; 

Framework Amendment 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes to implement 

management measures described in 

Framework Amendment 2 to the Fishery 

Management Plan (FMP) for the Coastal 

Migratory Pelagic (CMP) Resources in 

the Gulf of Mexico and Atlantic Region 

(Framework Amendment 2), as prepared 

and submitted by the South Atlantic 

and Gulf of Mexico Fishery 

Management Councils (Councils). If 

implemented, this proposed rule would 

remove the unlimited commercial trip 

limit for Spanish mackerel in Federal 

waters off the east coast of Florida on 

weekdays beginning December 1 of each 

year. Since the trip limit system has 

been in place, fishery conditions and 

regulations have changed. This 

proposed rule intends to modify the 

current trip limit system to better fit the 

current fishery conditions and catch 

limits for Atlantic migratory group 

Spanish mackerel in the southern zone, 

while increasing social and economic 

benefits of the CMP fishery. 

DATES: NMFS must receive written 

comments on the proposed rule by May 

11, 2015. 

ADDRESSES: You may submit comments 

on the proposed rule, identified by 

‘‘NOAA–NMFS–2014–0136’’ by any of 

the following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/

#!docketDetail;D=NOAA-NMFS-2014- 

0136, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Karla Gore, Southeast Regional Office, 

NMFS, 263 13th Avenue South St., 

Petersburg, FL 33701. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). 

Framework Amendment 2 to the FMP, 

which includes an environmental 

assessment and a regulatory impact 

review, is available from 

www.regulations.gov or the Southeast 

Regional Office Web site at http://

sero.nmfs.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Karla Gore, NMFS Southeast Regional 


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Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules 19057 

Office, telephone: 727–824–5305, or 

email: karla.gore@noaa.gov. 

SUPPLEMENTARY INFORMATION: The CMP 

fishery of the South Atlantic and Gulf of 

Mexico (Gulf) includes Spanish 

mackerel and is managed under the 

FMP. The FMP was prepared by the 

Councils and implemented through 

regulations at 50 CFR part 622 under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). 

Background 

The Magnuson-Stevens Act requires 

that NMFS and regional fishery 

management councils prevent 

overfishing and achieve, on a 

continuing basis, the optimum yield 

from federally managed fish stocks. 

These mandates are intended to ensure 

that fishery resources are managed for 

the greatest overall benefit to the nation, 

particularly with respect to providing 

food production and recreational 

opportunities, and protecting marine 

ecosystems. To further this goal, the 

Magnuson-Stevens Act requires fishery 

managers to minimize bycatch and 

bycatch mortality to the extent 

practicable. 

Management Measure Contained in This 

Proposed Rule 

This proposed rule would modify the 

commercial trip limit system for 

Atlantic migratory group Spanish 

mackerel. Since the current trip limit 

regime has been in place, changes in 

fishery conditions, such as an increase 

of the commercial annual catch limit 

(ACL), have necessitated modifications 

to some elements of the current trip 

limit system. 

Currently, the commercial trip limit 

for Atlantic migratory group Spanish 

mackerel in Federal waters off the 

eastern coast of Florida is 3,500 lb 

(1,588 kg) from the start of the fishing 

year on March 1 through November 30. 

Starting December 1, there is no trip 

limit on weekdays, and the trip limit is 

1,500 lb (680 kg) on weekends. There is 

no trip limit on weekdays until 75 

percent of the adjusted quota (set at 

250,000 lb (113,400 kg) below the 

commercial ACL (adjusted quota)) is 

landed, after which the trip limit is 

1,500 lb (680 kg) every day. When 100 

percent of the adjusted quota is reached, 

the trip limit is reduced to 500 lb (227 

kg) until the end of the fishing year or 

until the full quota is met or projected 

to be met. The adjusted quota provides 

a buffer to help prevent the commercial 

sector from exceeding the commercial 

ACL. North of a line extending offshore 

from the state boundary of Georgia and 

Florida, the trip limit in Federal waters 

is 3,500 lb (1,588 kg) year-round. 

The lack of a commercial trip limit for 

Atlantic migratory group Spanish 

mackerel in Federal waters off the 

eastern coast of Florida on weekdays 

beginning December 1 may contribute to 

early closures. Therefore, this proposed 

rule would establish a trip limit of 3,500 

lb (1,588 kg) for Spanish mackerel in 

Federal waters offshore of South 

Carolina, Georgia, and eastern Florida, 

which is the area recently established by 

the final rule implementing Amendment 

20B to the FMP as the southern zone (80 

FR 4216, January 27, 2015). When 75 

percent of the adjusted southern zone 

quota (2,417,330 lb (1,096,482 kg)) is 

met or projected to be met, the trip limit 

would be reduced to 1,500 lb (680 kg). 

When 100 percent of the adjusted 

southern zone quota is met or projected 

to be met, the trip limit would be 

reduced to 500 lb (227 kg) until the end 

of the fishing year or until the southern 

zone commercial quota is met or 

projected to be met, at which time the 

commercial sector in the southern zone 

would be closed to harvest of Spanish 

mackerel. The modified system of trip 

limits described above would remove 

the unlimited weekday trip limit to 

control harvest more effectively. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this proposed rule is consistent 

with the FMP, other provisions of the 

Magnuson-Stevens Act, and other 

applicable laws, subject to further 

consideration after public comment. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration (SBA) 

that this proposed rule, if implemented, 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for this 

determination is as follows: 

The objective of this proposed rule is 

to respond to changing fishery 

characteristics for the Atlantic migratory 

group Spanish mackerel component of 

the CMP fishery, reduce the complexity 

of the commercial trip limit system for 

this component, and increase social and 

economic benefits while ensuring 

resource protection. The MagnusonStevens Act provides the statutory basis 

for this proposed rule. 

If implemented, NMFS expects this 

proposed rule to directly affect all 

commercial fishing vessels that harvest 

Atlantic migratory group Spanish 

mackerel. A Federal commercial permit 

is required to harvest Spanish mackerel 

in the Atlantic exclusive economic zone 

(EEZ) in excess of the bag limit and to 

sell these species. On May 6, 2014, 

1,729 vessels possessed a valid Federal 

commercial Spanish mackerel permit. A 

valid permit is a permit that has not 

expired and may be actively fished. 

Because the Federal commercial 

Spanish mackerel permit is an open 

access permit, expired permits are not 

renewed; if a permit expires before 

renewal, a new permit would be issued 

(if applied for) instead of renewal of the 

expired permit. The Federal commercial 

Spanish mackerel permit allows 

fishermen to harvest commercial 

quantities of Atlantic and Gulf 

migratory group Spanish mackerel in 

the Atlantic and the Gulf EEZ. Over the 

2007–2008 through 2011–2012 fishing 

years (March through February), an 

average of 387 vessels per year recorded 

harvests of Atlantic migratory group 

Spanish mackerel. More recent data on 

vessel identification and harvest 

revenues from all fishing activity by 

these vessels are not available. 

Therefore, NMFS expects this proposed 

rule would affect an estimated 387 

commercial fishing vessels per year. 

NMFS has not identified any other 

small entities that this proposed rule 

would be expected to directly affect. 

The SBA has established size criteria 

for all major industry sectors in the U.S., 

including commercial fish harvesters. A 

business involved in commercial fish 

harvesting is classified as a small 

business if it is independently owned 

and operated, is not dominant in its 

field of operation (including its 

affiliates), and has combined annual 

receipts not in excess of $20.5 million 

(NAICS code 114111, finfish fishing) for 

all its affiliated operations worldwide. 

The estimated average annual gross 

revenue from all fishing activity by a 

commercial vessel that harvests Atlantic 

migratory group Spanish mackerel is 

approximately $32,100 (2013 dollars). 

Because the average annual revenue 

estimate provided above is significantly 

less than the SBA revenue threshold for 

this sector, all commercial vessels 

expected to be directly affected by this 

proposed rule are believed to be small 

business entities. 

This proposed rule would not require 

any new reporting, record-keeping, or 

other compliance requirements 

associated with reporting or recordkeeping that may require professional 

skills. 

If implemented, NMFS expects the 

effects of this proposed rule to range 

from no economic effects to a small 


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19058 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules 

increase in revenue to directly affected 

fishing vessels. Analysis of the 

economic effects of the proposed rule 

was conducted with and without 2012– 

2013 harvest data, which is the most 

recent final data available. The 

commercial harvest of Atlantic 

migratory group Spanish mackerel in 

2012–2013 was approximately 3.15 

million pounds (mp), compared to 

harvests in excess of 4 mp in the 

previous three fishing years. 

Commercial harvests of Atlantic 

migratory group Spanish mackerel have 

shown a cyclical harvest pattern of high, 

medium, and low harvests on 

approximately a three-year cycle. As a 

result, removal of data for the low 

harvest in 2012–2013 from the analysis 

may capture the potential effects of the 

proposed rule under high and low 

harvest rates. 

Based on data from the 2003–2004 

through 2012–2013 fishing years, i.e., 

inclusive of 2012–2013 data, the 

proposed rule would be expected to 

result in a gain in revenue to all directly 

affected vessels combined of 

approximately $74,000 (2013 dollars), or 

approximately $190 per vessel. If data 

from the 2012–2013 fishing year are 

excluded from the analysis, the 

proposed rule would be expected to 

result in the same total harvest and 

revenue as the status quo. Although the 

actual effects may be between these 

estimates, neither harvest scenario 

would be expected to result in a 

reduction in revenue, or profit, to any 

directly affected small entities as a 

result of the proposed rule. Instead, this 

proposed rule would be expected to 

have a small beneficial to no economic 

effect on the affected small entities. As 

a result, this proposed rule, if 

implemented, would not be expected to 

have a significant economic effect on a 

substantial number of small entities and 

an initial regulatory flexibility analysis 

is not required and none has been 

prepared. 

List of Subjects in 50 CFR Part 622 

Annual catch limit, Fisheries, Fishing, 

Gulf of Mexico, Quotas, South Atlantic, 

Spanish mackerel. 

Dated: April 2, 2015. 

Eileen Sobeck, 

Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 622 is proposed 

to be amended as follows: 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF OF MEXICO, AND 

SOUTH ATLANTIC 

■ 1. The authority citation for part 622 

continues to read as follows: 

Authority: 16 U.S.C. 1801 et seq. 

■ 2. In § 622.385, paragraphs (b)(1) and 

(2) are revised to read as follows: 

§ 622.385 Commercial trip limits. 

* * * * * 

(b) * * * 

(1) Atlantic migratory group. The 

following trip limits apply to vessels for 

which commercial permits for Spanish 

mackerel have been issued, as required 

under § 622.370(a)(3). 

(i) Northern zone. Spanish mackerel 

in or from the EEZ may not be possessed 

on board or landed in a day from a 

vessel for which a permit for Spanish 

mackerel has been issued, as required 

under § 622.370(a)(3), in amounts 

exceeding 3,500 lb (1,588 kg). 

(ii) Southern zone. Spanish mackerel 

in or from the EEZ may not be possessed 

on board or landed in a day from a 

vessel for which a permit for Spanish 

mackerel has been issued, as required 

under § 622.370(a)(3)— 

(A) From March 1 until 75 percent of 

the adjusted quota for the southern zone 

has been reached or is projected to be 

reached, in amounts exceeding 3,500 lb 

(1,588 kg). 

(B) After 75 percent of the adjusted 

quota for the southern zone has been 

reached or is projected to be reached, in 

amounts exceeding 1,500 lb (680 kg). 

(C) After 100 percent of the adjusted 

quota for the southern zone has been 

reached or is projected to be reached, 

and until the end of the fishing year or 

the southern zone’s quota has been 

reached or projected to be reached, in 

amounts exceeding 500 lb (227 kg). See 

§ 622.384(e) for limitations regarding 

Atlantic migratory group Spanish 

mackerel after the southern zone’s quota 

is reached. 

(2) For the purpose of paragraph 

(b)(1)(ii) of this section, the adjusted 

quota for the southern zone is 2,417,330 

lb (1,096,482 kg). The adjusted quota for 

the southern zone is the quota for the 

Atlantic migratory group Spanish 

mackerel southern zone reduced by an 

amount calculated to allow continued 

harvest of Atlantic migratory group 

Spanish mackerel at the rate of 500 lb 

(227 kg) per vessel per day for the 

remainder of the fishing year after the 

adjusted quota is reached. Total 

commercial harvest in the southern 

zone is still subject to the southern zone 

quota and accountability measures. By 

filing a notification with the Office of 

the Federal Register, the Assistant 

Administrator will announce when 75 

percent and 100 percent of the adjusted 

quota are reached or is projected to be 

reached. 

* * * * * 

[FR Doc. 2015–08069 Filed 4–8–15; 8:45 am] 

BILLING CODE 3510–22–P 


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