82 FR 11156 - Snapper-Grouper Fishery Off the Southern Atlantic States; Regulatory Amendment 16; Technical Amendment

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 33 (February 21, 2017)

NMFS is hereby making a technical amendment to our regulations without altering the substance of the regulations. These changes will clarify our regulations to make them more easily understood by the public. As a result of a previously published final rule to implement Regulatory Amendment 16 to the Fishery Management Plan for the Snapper- Grouper Fishery of the South Atlantic Region (FMP), that published in the Federal Register on December 29, 2016, NMFS has identified a section of the regulations for black sea bass pot commercial trip limits in need of clarification. This rule does not make any substantive changes to the regulations governing South Atlantic snapper-grouper or to other species managed by NMFS.

[Federal Register Volume 82, Number 33 (Tuesday, February 21, 2017)]
[Rules and Regulations]
[Pages 11156-11157]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03291]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 131113952-7147-03]
RIN 0648-BD78


Snapper-Grouper Fishery Off the Southern Atlantic States; 
Regulatory Amendment 16; Technical Amendment

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; technical amendment.

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SUMMARY: NMFS is hereby making a technical amendment to our regulations 
without altering the substance of the regulations. These changes will 
clarify our regulations to make them more easily understood by the 
public. As a result of a previously published final rule to implement 
Regulatory Amendment 16 to the Fishery Management Plan for the Snapper-
Grouper Fishery of the South Atlantic Region (FMP), that published in 
the Federal Register on December 29, 2016, NMFS has identified a 
section of the regulations for black sea bass pot commercial trip 
limits in need of clarification. This rule does not make any 
substantive changes to the regulations governing South Atlantic 
snapper-grouper or to other species managed by NMFS.

DATES: This final rule is effective February 21, 2017.

ADDRESSES: Electronic copies of Regulatory Amendment 16, which includes 
an environmental impact statement, a Regulatory Flexibility Act 
analysis, and a regulatory impact review, may be obtained from the 
Southeast Regional Office Web site at https://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/sg/2013/reg_am16/index.html.

FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, 727-824-5305; email: 
[email protected].

SUPPLEMENTARY INFORMATION: Black sea bass is in the snapper-grouper 
fishery and is managed under the FMP. The FMP was prepared by the 
Council and

[[Page 11157]]

is implemented through regulations at 50 CFR part 622 under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act).
    On December 29, 2016, NMFS published the final rule for Regulatory 
Amendment 16 (81 FR 95893). The final rule for Regulatory Amendment 16 
revised the seasonal prohibition on the use of black sea bass pot gear 
in the South Atlantic and added an additional gear marking requirement 
for black sea bass pot gear. The purpose of that final rule was to 
reduce the adverse socioeconomic impacts from the previous seasonal 
black sea bass pot gear prohibition while continuing to protect 
Endangered Species Act listed North Atlantic right whales in the South 
Atlantic. That final rule also required additional gear markings to 
help identify black sea bass pot gear in the South Atlantic. This 
technical amendment to that final rule clarifies that black sea bass 
pot commercial trip limits are meant to be in effect year-round.

Background

    On June 1, 2012, NMFS published the final rule for Amendment 18A to 
the FMP (77 FR 32408). Among the measures in Amendment 18A was the 
establishment of a year-round commercial trip limit of 1,000 lb (454 
kg), gutted weight; 1,180 lb (535 kg), round weight.
    On September 23, 2013, NMFS published the final rule for Regulatory 
Amendment 19 to the FMP (78 FR 58249). Regulatory Amendment 19 
established an annual prohibition on the use of black sea bass pot gear 
from November through April.
    On November 7, 2014, NMFS published the final rule for Regulatory 
Amendment 14 to the FMP (79 FR 66316). One of the measures implemented 
through Regulatory Amendment 14 was the establishment of a 300 lb (136-
kg), gutted weight; 354 lb (161 kg), round weight, commercial trip 
limit for the black sea bass hook-and-line component in the South 
Atlantic from January 1 through April 30, each year. In addition, NMFS 
changed the commercial trip limit for the black sea bass pot component 
from year-round to May 1 through October 31, each year. The intent of 
referencing the May through October dates for the black sea bass pot 
commercial trip limit was because at that time, May through October was 
the only time period that pots could be fished. The final rule for 
Regulatory Amendment 14 simply clarified the seasonal differences in 
commercial trip limits among the different black sea bass gear 
components (pots and hook-and-line) in the commercial sector.
    The final rule for Regulatory Amendment 16 revised the black sea 
bass pot seasonal prohibition. As of December 29, 2016, sea bass pots 
are allowed to be fished year-round in specific areas in the South 
Atlantic. During the development of the rulemaking to implement 
Regulatory Amendment 16, NMFS inadvertently did not revise the relevant 
regulatory text to correctly reference that the commercial trip limits 
for black sea bass fishers are meant to be in effect year-round. 
However, the South Atlantic Fishery Management Council's stated intent 
in Regulatory Amendment 16 was to retain the 1,000 lb (454 kg), gutted 
weight; 1,180 lb (535 kg), round weight, year-round commercial trip 
limit for the black sea bass pot sector originally implemented in 2012.

Correction

    Currently, the regulations at Sec.  622.191(a)(8)(ii) contain a 
reference that the 1,000 lb (454 kg), gutted weight; 1,180 lb (535 kg), 
round weight, commercial trip limit is only applicable from May 1 
through October 31. The May 1 through October 31 condition was added to 
clarify the seasonal differences in commercial trip limits among the 
hook-and-line and black sea bass pot components in the commercial 
sector. As currently written, the regulations at Sec.  
622.191(a)(8)(ii) incorrectly have no commercial trip limit in place 
from November 1 through April 30. As had been described in Regulatory 
Amendment 16, the intent by NMFS and the South Atlantic Fishery 
Management Council was for the commercial trip limit for sea bass pots 
to be in effect year-round.
    This technical amendment corrects the text within Sec.  
622.191(a)(8)(ii) to accurately state that the black sea bass pot trip 
limit is in effect year-round.

Classificationr

    The Regional Administrator, Southeast Region, NMFS, has determined 
this final rule is necessary for the conservation and management of 
South Atlantic black sea bass and is consistent with the Magnuson-
Stevens Act and other applicable laws.
    This final rule has been determined to be not significant for the 
purposes of Executive Order 12866.
    The Assistant Administrator for Fisheries, NOAA (AA), finds that 
the need to immediately implement this regulatory clarification 
constitutes good cause to waive the requirements to provide prior 
notice and opportunity for public comment pursuant to the authority set 
forth in 5 U.S.C. 553(b)(B) of the Administrative Procedure Act (APA), 
because prior notice and opportunity for public comment on this final 
rule is unnecessary and contrary to the public interest. Such 
procedures are unnecessary and contrary to the public interest, because 
the rules establishing the commercial trip limits and the seasonal 
closures have already been subject to notice and comment and not 
immediately correcting the regulatory text would result in confusion 
and uncertainty for the affected entities.
    For the aforementioned reasons, the AA also finds good cause to 
waive the 30-day delay in the effectiveness of this action under 5 
U.S.C. 553(d)(3).
    These measures are thus exempt from the procedures of the 
Regulatory Flexibility Act because prior notice and comment have been 
waived under the APA.

List of Subjects in 50 CFR Part 622

    Black sea bass, Commercial trip limits, Fisheries, Fishing, South 
Atlantic.

    Dated: February 14, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 622 is amended 
as follows:

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.  622.191, revise paragraph (a)(8)(ii) to read as follows:


Sec.  622.191   Commercial trip limits.

* * * * *
    (a) * * *
    (8) * * *
    (ii) Sea bass pot component. Until the applicable quota specified 
in Sec.  622.190(a)(5) is reached--1,000 lb (454 kg), gutted weight; 
1,180 lb (535 kg), round weight.
* * * * *
[FR Doc. 2017-03291 Filed 2-17-17; 8:45 am]
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