82_FR_15061 82 FR 15005 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Resources of the South Atlantic; 2017-2018 Recreational Fishing Season for Black Sea Bass

82 FR 15005 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Resources of the South Atlantic; 2017-2018 Recreational Fishing Season for Black Sea Bass

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 56 (March 24, 2017)

Page Range15005-15006
FR Document2017-05862

NMFS announces that the length of the recreational season for black sea bass in the exclusive economic zone (EEZ) of the South Atlantic will extend throughout the 2017-2018 fishing year. Announcing the length of recreational season for black sea bass is one of the accountability measures (AMs) for the recreational sector. This announcement allows recreational fishers to maximize their opportunity to harvest the recreational annual catch limit (ACL) for black sea bass during the fishing season while managing harvest to protect the black sea bass resource.

Federal Register, Volume 82 Issue 56 (Friday, March 24, 2017)
[Federal Register Volume 82, Number 56 (Friday, March 24, 2017)]
[Rules and Regulations]
[Pages 15005-15006]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05862]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 130403320-4891-02]
RIN 0648-XF283


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Resources of the South Atlantic; 2017-2018 Recreational 
Fishing Season for Black Sea Bass

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

ACTION: Temporary rule; recreational season length.

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SUMMARY: NMFS announces that the length of the recreational season for 
black sea bass in the exclusive economic zone (EEZ) of the South 
Atlantic will extend throughout the 2017-2018 fishing year. Announcing 
the length of recreational season for black sea bass is one of the 
accountability measures (AMs) for the recreational sector. This 
announcement allows recreational fishers to maximize their opportunity 
to harvest the recreational annual catch limit (ACL) for black sea bass 
during the fishing season while managing harvest to protect the black 
sea bass resource.

DATES: This rule is effective from 12:01 a.m., local time, April 1, 
2017, until 12:01 a.m., local time, April 1, 2018, unless changed by 
subsequent notification in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, NMFS Southeast Regional 
Office, telephone: 727-824-5305, email: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery includes black 
sea bass in the South Atlantic and is managed under the Fishery 
Management Plan for the Snapper-Grouper Fishery of the South Atlantic 
Region (FMP). The South Atlantic Fishery Management Council prepared 
the FMP and the FMP is implemented by NMFS under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) by regulations at 50 CFR part 622.
    The final rule implementing Regulatory Amendment 14 to the FMP 
revised the recreational fishing year for black sea bass to be April 1 
through March 31 (79 FR 66316, November 7, 2014). The final rule also 
revised the recreational AMs for black sea bass. Prior to the start of 
each recreational fishing year on April 1, NMFS will project the length 
of the upcoming recreational fishing season based on when NMFS projects 
the recreational ACL to be met and will announce the recreational 
season end date in the Federal Register (50 CFR 622.193(e)(2)). The 
purpose of this AM is to have a more predictable recreational season 
length while still constraining harvest at or below the recreational 
ACL to protect the stock from experiencing adverse biological 
consequences.
    NMFS estimates that recreational landings for the 2017-2018 fishing 
year will be less than the 2017-2018 recreational ACL. To make this 
determination, NMFS compared landings in the last 3 fishing years to 
the 2017-2018 fishing year's recreational ACL of 848,455 lb (384,853 
kg), gutted weight, 1,001,177 lb (454,126 kg), round weight. The 
recreational ACL was set through the final rule for Regulatory 
Amendment 19 to the FMP on September 23, 2013 (78 FR 58249). Landings 
in each of the past 3 years are below the 2017-2018 recreational ACL; 
therefore, recreational landings in 2017-2018 are projected to be less 
than the 2017-2018 recreational ACL. Accordingly, the season end date 
for recreational fishing for black sea bass in the South Atlantic EEZ, 
south of 35[deg]15.9' N. lat., is the end of the 2017-2018 fishing 
year, March 31, 2018.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary 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 action is taken under 50 CFR 622.193(e)(2) and is exempt from 
review under Executive Order 12866.
    These measures are exempt from the procedures of the Regulatory 
Flexibility Act because the temporary rule is issued without 
opportunity for prior notice and comment.
    This action responds to the best scientific information available. 
The Assistant Administrator for Fisheries, NOAA (AA), finds that the 
need to immediately implement the notice of the recreational season 
length 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), because prior notice and 
opportunity for public comment on this temporary rule is unnecessary. 
Such procedures are unnecessary, because the rule establishing the AM

[[Page 15006]]

has already been subject to notice and comment, and all that remains is 
to notify the public of the recreational season length.
    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).

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

    Dated: March 20, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2017-05862 Filed 3-21-17; 4:15 pm]
 BILLING CODE 3510-22-P



                                                                    Federal Register / Vol. 82, No. 56 / Friday, March 24, 2017 / Rules and Regulations                                          15005

                                                the adaptive management provision in                    DEPARTMENT OF COMMERCE                                fishing year on April 1, NMFS will
                                                paragraph (c)(1) of this section) that do                                                                     project the length of the upcoming
                                                not change the findings made for the                    National Oceanic and Atmospheric                      recreational fishing season based on
                                                regulations or result in no more than a                 Administration                                        when NMFS projects the recreational
                                                minor change in the total estimated                                                                           ACL to be met and will announce the
                                                number of takes (or distribution by                     50 CFR Part 622                                       recreational season end date in the
                                                species or years), NMFS may publish a                   [Docket No. 130403320–4891–02]
                                                                                                                                                              Federal Register (50 CFR 622.193(e)(2)).
                                                notice of proposed LOA in the Federal                                                                         The purpose of this AM is to have a
                                                                                                        RIN 0648–XF283                                        more predictable recreational season
                                                Register, including the associated
                                                                                                                                                              length while still constraining harvest at
                                                analysis of the change, and solicit                     Fisheries of the Caribbean, Gulf of                   or below the recreational ACL to protect
                                                public comment before issuing the LOA.                  Mexico, and South Atlantic; Snapper-                  the stock from experiencing adverse
                                                   (c) An LOA issued under § 216.106 of                 Grouper Resources of the South                        biological consequences.
                                                this chapter and § 217.76 for the activity              Atlantic; 2017–2018 Recreational                         NMFS estimates that recreational
                                                identified in § 217.70(a) may be                        Fishing Season for Black Sea Bass                     landings for the 2017–2018 fishing year
                                                modified by NMFS under the following                    AGENCY:  National Marine Fisheries                    will be less than the 2017–2018
                                                circumstances:                                          Service (NMFS), National Oceanic and                  recreational ACL. To make this
                                                   (1) Adaptive Management—NMFS                         Atmospheric Administration (NOAA),                    determination, NMFS compared
                                                                                                        Commerce.                                             landings in the last 3 fishing years to the
                                                may modify (including augment) the
                                                                                                                                                              2017–2018 fishing year’s recreational
                                                existing mitigation, monitoring, or                     ACTION: Temporary rule; recreational
                                                                                                                                                              ACL of 848,455 lb (384,853 kg), gutted
                                                reporting measures (after consulting                    season length.
                                                                                                                                                              weight, 1,001,177 lb (454,126 kg), round
                                                with AAC regarding the practicability of                                                                      weight. The recreational ACL was set
                                                                                                        SUMMARY:   NMFS announces that the
                                                the modifications) if doing so creates a                                                                      through the final rule for Regulatory
                                                                                                        length of the recreational season for
                                                reasonable likelihood of more                           black sea bass in the exclusive economic              Amendment 19 to the FMP on
                                                effectively accomplishing the goals of                  zone (EEZ) of the South Atlantic will                 September 23, 2013 (78 FR 58249).
                                                the mitigation and monitoring set forth                 extend throughout the 2017–2018                       Landings in each of the past 3 years are
                                                in the preamble for these regulations:                  fishing year. Announcing the length of                below the 2017–2018 recreational ACL;
                                                   (i) Possible sources of data that could              recreational season for black sea bass is             therefore, recreational landings in 2017–
                                                contribute to the decision to modify the                one of the accountability measures                    2018 are projected to be less than the
                                                mitigation, monitoring, or reporting                    (AMs) for the recreational sector. This               2017–2018 recreational ACL.
                                                measures in an LOA:                                     announcement allows recreational                      Accordingly, the season end date for
                                                                                                        fishers to maximize their opportunity to              recreational fishing for black sea bass in
                                                   (A) Results from AAC’s monitoring                                                                          the South Atlantic EEZ, south of
                                                                                                        harvest the recreational annual catch
                                                from the previous year(s);                                                                                    35°15.9′ N. lat., is the end of the 2017–
                                                                                                        limit (ACL) for black sea bass during the
                                                   (B) Results from other marine                        fishing season while managing harvest                 2018 fishing year, March 31, 2018.
                                                mammal and/or sound research or                         to protect the black sea bass resource.               Classification
                                                studies; and                                            DATES: This rule is effective from 12:01
                                                                                                                                                                The Regional Administrator,
                                                   (C) Any information that reveals                     a.m., local time, April 1, 2017, until                Southeast Region, NMFS, has
                                                marine mammals may have been taken                      12:01 a.m., local time, April 1, 2018,                determined this temporary rule is
                                                in a manner, extent or number not                       unless changed by subsequent                          necessary for the conservation and
                                                authorized by these regulations or any                  notification in the Federal Register.                 management of South Atlantic black sea
                                                LOA issued under §§ 216.106 and                         FOR FURTHER INFORMATION CONTACT:                      bass and is consistent with the
                                                217.76 of this chapter.                                 Nikhil Mehta, NMFS Southeast Regional                 Magnuson-Stevens Act and other
                                                                                                        Office, telephone: 727–824–5305, email:               applicable laws.
                                                   (ii) If, through adaptive management,
                                                                                                        nikhil.mehta@noaa.gov.                                  This action is taken under 50 CFR
                                                the modifications to the mitigation,
                                                                                                        SUPPLEMENTARY INFORMATION: The                        622.193(e)(2) and is exempt from review
                                                monitoring, or reporting measures are
                                                                                                        snapper-grouper fishery includes black                under Executive Order 12866.
                                                substantial, NMFS shall publish a notice
                                                                                                        sea bass in the South Atlantic and is                   These measures are exempt from the
                                                of proposed LOA in the Federal
                                                                                                        managed under the Fishery                             procedures of the Regulatory Flexibility
                                                Register and solicit public comment.
                                                                                                        Management Plan for the Snapper-                      Act because the temporary rule is issued
                                                   (2) Emergencies—If NMFS determines                   Grouper Fishery of the South Atlantic                 without opportunity for prior notice and
                                                that an emergency exists that poses a                   Region (FMP). The South Atlantic                      comment.
                                                significant risk to the well-being of the               Fishery Management Council prepared                     This action responds to the best
                                                species or stocks of marine mammals                     the FMP and the FMP is implemented                    scientific information available. The
                                                specified in §§ 217.70(b) and 217.72(a),                by NMFS under the authority of the                    Assistant Administrator for Fisheries,
                                                an LOA may be modified without prior                    Magnuson-Stevens Fishery                              NOAA (AA), finds that the need to
                                                notice or opportunity for public                        Conservation and Management Act                       immediately implement the notice of
                                                comment. A notice shall be published in                 (Magnuson-Stevens Act) by regulations                 the recreational season length
                                                the Federal Register within 30 days of                  at 50 CFR part 622.                                   constitutes good cause to waive the
                                                the action.                                                The final rule implementing                        requirements to provide prior notice
jstallworth on DSK7TPTVN1PROD with RULES




                                                                                                        Regulatory Amendment 14 to the FMP                    and opportunity for public comment
                                                § 217.78   [Reserved]                                   revised the recreational fishing year for             pursuant to the authority set forth in 5
                                                                                                        black sea bass to be April 1 through                  U.S.C. 553(b)(B), because prior notice
                                                § 217.79   [Reserved]                                   March 31 (79 FR 66316, November 7,                    and opportunity for public comment on
                                                [FR Doc. 2017–05663 Filed 3–23–17; 8:45 am]             2014). The final rule also revised the                this temporary rule is unnecessary.
                                                BILLING CODE 3510–22–P
                                                                                                        recreational AMs for black sea bass.                  Such procedures are unnecessary,
                                                                                                        Prior to the start of each recreational               because the rule establishing the AM


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                                                15006               Federal Register / Vol. 82, No. 56 / Friday, March 24, 2017 / Rules and Regulations

                                                has already been subject to notice and                    For the aforementioned reasons, the                   Dated: March 20, 2017.
                                                comment, and all that remains is to                     AA also finds good cause to waive the                 Karen H. Abrams,
                                                notify the public of the recreational                   30-day delay in the effectiveness of this             Acting Deputy Director, Office of Sustainable
                                                season length.                                          action under 5 U.S.C. 553(d)(3).                      Fisheries, National Marine Fisheries Service.
                                                                                                          Authority: 16 U.S.C. 1801 et seq.                   [FR Doc. 2017–05862 Filed 3–21–17; 4:15 pm]
                                                                                                                                                              BILLING CODE 3510–22–P
jstallworth on DSK7TPTVN1PROD with RULES




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Document Created: 2018-02-01 15:10:41
Document Modified: 2018-02-01 15:10:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; recreational season length.
DatesThis rule is effective from 12:01 a.m., local time, April 1, 2017, until 12:01 a.m., local time, April 1, 2018, unless changed by subsequent notification in the Federal Register.
ContactNikhil Mehta, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]
FR Citation82 FR 15005 
RIN Number0648-XF28

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