82 FR 56178 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic; Re-Opening of the Recreational Sector for Red Snapper

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 227 (November 28, 2017)

Page Range		56178-56179
FR Document		2017-25645

NMFS announces the re-opening of the recreational sector for red snapper in the exclusive economic zone (EEZ) of the South Atlantic through this temporary rule. The most recent preliminary recreational harvest information for red snapper indicate the recreational annual catch limit (ACL) for the limited 2017 fishing season has not yet been reached. Therefore, NMFS re-opens the recreational sector for red snapper in the South Atlantic EEZ for 3 days (see DATES) to allow the recreational ACL to be caught, while minimizing the risk of the recreational ACL being exceeded.

Federal Register, Volume 82 Issue 227 (Tuesday, November 28, 2017)

[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)]
[Rules and Regulations]
[Pages 56178-56179]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25645]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 170803719-7719-01]
RIN 0648-XF848


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the South Atlantic; Re-Opening of the 
Recreational Sector for Red Snapper

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

ACTION: Temporary rule; re-opening.

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SUMMARY: NMFS announces the re-opening of the recreational sector for 
red snapper in the exclusive economic zone (EEZ) of the South Atlantic 
through this temporary rule. The most recent preliminary recreational 
harvest information for red snapper indicate the recreational annual 
catch limit (ACL) for the limited 2017 fishing season has not yet been 
reached. Therefore, NMFS re-opens the recreational sector for red 
snapper in the South Atlantic EEZ for 3 days (see DATES) to allow the 
recreational ACL to be caught, while minimizing the risk of the 
recreational ACL being exceeded.

DATES: This rule is effective 12:01 a.m., local time, December 8, 2017, 
and closes

[[Page 56179]]

at 12:01 a.m., local time, on December 11, 2017.

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

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic includes red snapper and is managed under the Fishery 
Management Plan for the Snapper-Grouper Fishery of the South Atlantic 
Region (FMP). The FMP was prepared by the South Atlantic Fishery 
Management Council and 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.
    On November 2, 2017, NMFS published a temporary rule through 
emergency action for South Atlantic red snapper in the 2017 fishing 
year (82 FR 50839). The temporary rule authorized the limited harvest 
and possession of red snapper in or from the South Atlantic EEZ in the 
2017 fishing year. The 2017 commercial ACL was set at 124,815 lb 
(56,615 kg), round weight, and the 2017 recreational ACL was set at 
29,656 fish. The recreational season was open for two consecutive 
weekends made up of Fridays, Saturdays, and Sundays. The recreational 
season opened for the weekends of November 3 through 5, 2017, and 
November 10 through 12, 2017. The temporary rule additionally set a 1 
fish per person recreational bag limit. No size limits were implemented 
for either sector through the temporary rule in an effort to decrease 
regulatory discards. The temporary rule also set a daily commercial 
trip limit 75 lb (34 kg), gutted weight. The intended effect of the 
temporary rule through emergency action is to reduce, to the extent 
practicable, existing adverse socio-economic impacts to fishermen and 
fishing communities that utilize the red snapper portion of the 
snapper-grouper fishery, without allowing overfishing or preventing the 
stock from rebuilding. Additionally, limited commercial and 
recreational harvest of red snapper in 2017 provides an opportunity to 
collect fishery-dependent data that will be useful for future red 
snapper stock assessments and management decisions.
    During the limited harvest season in 2017, the South Atlantic 
states and NMFS collected harvest information through fishing effort 
and dockside surveys, survey of private anglers and charter and 
headboat captains, and voluntary donations of fish carcasses from 
recreational anglers. NMFS notes that the majority of recreational 
harvest of red snapper occurs off Florida and the majority of the 
sector landings are attributable to private anglers.
    NMFS is required to close the recreational sector for red snapper 
when the recreational ACL specified at 50 CFR 622.193(aa)(2) is 
reached, or is projected to be reached, by filing a notification to 
that effect with the Office of the Federal Register. NMFS previously 
projected and announced in the Federal Register that the recreational 
ACL for South Atlantic red snapper for the 2017 limited fishing season 
would be reached by the end of the second recreational open weekend at 
12:01 a.m., local time, on November 13, 2017 (82 FR 50839, November 2, 
2017). However, preliminary recreational harvest information indicates 
that the recreational ACL for red snapper was not met as of that date. 
Based on these preliminary data, NMFS has projected that the 
recreational sector may reopen for additional 3 days, which is not 
expected to result in harvest exceeding the 2017 recreational sector 
ACL.
    Therefore, in accordance with 50 CFR 622.8(c), NMFS temporarily re-
opens the recreational sector for 3 days (Friday, Saturday, and Sunday) 
beginning at 12:01 a.m., local time, December 8, 2017, to allow the 
recreational sector to have the opportunity to harvest the red snapper 
ACL. The recreational sector will close 3 days later, at 12:01 a.m., 
local time, December 11, 2017, and will remain closed in accordance 
with the effectiveness of the implemented emergency measures (82 FR 
50839, November 2, 2017). NMFS has determined that this re-opening will 
allow for an additional opportunity to recreationally harvest red 
snapper while minimizing the risk of exceeding the recreational ACL. 
NMFS notes that the commercial harvest of red snapper that was 
authorized through the temporary rule implementing emergency measures 
is currently open through December 31, 2017, unless the commercial ACL 
is projected to be reached prior to that date.
    Once the recreational sector closes, the bag and possession limits 
are zero for red snapper in or from the South Atlantic EEZ. 
Additionally, these bag and possession limits apply to the harvest of 
red snapper in both state and Federal waters in the South Atlantic on 
board a vessel with a valid Federal commercial or charter vessel/
headboat permit for South Atlantic snapper-grouper.

Classification

    The Regional Administrator, NMFS Southeast Region, has determined 
this temporary rule is necessary for the conservation and management of 
red snapper and the South Atlantic snapper-grouper fishery and is 
consistent with the temporary rule implementing emergency measures, the 
Magnuson-Stevens Act and other applicable laws.
    This action is taken under 50 CFR 622.8(c) 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 NOAA Fisheries (AA) finds that the need 
to immediately implement this action to temporarily re-open the 
recreational sector for red snapper 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), as such 
procedures are unnecessary and contrary to the public interest. Such 
procedures are unnecessary because the conditions and justification for 
temporary rule implementing the recreational ACL in 2017 are still in 
effect, and all that remains is to notify the public of the re-opening. 
Such procedures are contrary to the public interest because of the need 
to immediately implement this action to allow recreational fishers to 
harvest the recreational ACL of red snapper from the EEZ, while 
minimizing the risk of exceeding the recreational ACL. Prior notice and 
opportunity for public comment would be contrary to the public interest 
because it would not allow for harvest of the recreational ACL before 
the end of the fishing season.
    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: November 22, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-25645 Filed 11-22-17; 4:15 pm]
 BILLING CODE 3510-22-P

56178 Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Rules and Regulations

currently approved NOAA collections of (x) Fail to release a whale shark Sharks that cannot be released without
information may be viewed at: http:// encircled in a purse seine net of a compromising the safety of persons or
www.cio.noaa.gov/services_programs/ fishing vessel as required in § 300.27(h). the sharks before being landed on deck
prasubs.html * * * * * must be returned to the water as soon
(cc) To retain on board, transship, as possible, either utilizing a ramp from
Regulatory Flexibility Act
store, land, sell, or offer for sale any part the deck connecting to an opening on
Pursuant to the Regulatory Flexibility or whole carcass of a mobulid ray, as the side of the boat, or through escape
Act, 5 U.S.C. 605(b), the Chief Counsel described in § 300.27(i). hatches. If ramps or escape hatches are
for Regulation of the Department of (dd) Fail to handle or release a not available, the sharks must be
Commerce certified to the Chief Counsel mobulid ray as required in § 300.27(j). lowered with a sling or cargo net, using
for Advocacy of the Small Business * * * * * a crane or similar equipment, if
Administration that this action would (ii) Fail to handle or release a shark available.
not have a significant economic impact as required in § 300.27(k). (2) No shark may be gaffed or hooked,
on a substantial number of small (jj) Use a shark line in contravention lifted by the head, tail, gill slits or
entities. The factual basis for the of § 300.27(l). spiracles, or lifted by using bind wire
certification was published in the against or inserted through the body,
■ 4. In § 300.27, revise paragraphs (b)
proposed rule and is not repeated here. and no holes may be punched through
and (h), and add paragraphs (k) and (l)
No comments were received regarding the bodies of sharks (e.g., to pass a cable
to read as follows:
this certification. As a result, a through for lifting the shark).
Regulatory Flexibility Analysis was not § 300.27 Incidental catch and tuna (l) Shark line prohibition for longline
required and none was prepared. retention requirements. vessels. Any U.S. longline vessel used to
List of Subjects in 50 CFR Part 300 * * * * * fish for tuna or swordfish is prohibited
(b) Release requirements for non-tuna from using any shark line in the IATTC
Fish, Fisheries, Fishing, Fishing species on purse seine vessels. All purse Convention Area.
vessels, International organizations, seine vessels must release all billfish, [FR Doc. 2017–25617 Filed 11–27–17; 8:45 am]
Marine resources, Reporting and ray (not including mobulid rays, which BILLING CODE 3510–22–P
recordkeeping requirements, Treaties. are subject to paragraph (i) of this
Dated: November 21, 2017. section), dorado (Coryphaena hippurus),
Alan D. Risenhoover, and other non-tuna fish species, except DEPARTMENT OF COMMERCE
Acting Deputy Assistant Administrator for those being retained for consumption
Regulatory Programs, National Marine aboard the vessel, as soon as practicable National Oceanic and Atmospheric
Fisheries Service. after being identified on board the Administration
For the reasons set out in the vessel during the brailing operation.
preamble, 50 CFR part 300 is amended Sharks caught in the IATTC Convention 50 CFR Part 622
as follows: Area and that are not retained for
consumption aboard the vessel must be [Docket No. 170803719–7719–01]
PART 300—INTERNATIONAL released according to the requirements
in paragraph (k) of this section. RIN 0648–XF848
FISHERIES REGULATIONS
* * * * * Fisheries of the Caribbean, Gulf of
Subpart C—Eastern Pacific Tuna (h) Whale shark release. The crew, Mexico, and South Atlantic; Snapper-
Fisheries operator, and owner of a fishing vessel Grouper Fishery of the South Atlantic;
of the United States commercially Re-Opening of the Recreational Sector
■ 1. The authority citation for part 300, fishing for tuna in the Convention Area
subpart C, continues to read as follows: for Red Snapper
must release as soon as possible, any
Authority: 16 U.S.C. 951 et seq. whale shark that is encircled in a purse AGENCY: National Marine Fisheries
■ 2. In § 300.21, add a definition for seine net, and must ensure that all Service (NMFS), National Oceanic and
‘‘Shark line’’ in alphabetical order to reasonable steps are taken to ensure its Atmospheric Administration (NOAA),
read as follows: safe release. No whale shark may be Commerce.
towed out of a purse seine net (e.g., ACTION: Temporary rule; re-opening.
§ 300.21 Definitions. using towing ropes).
* * * * * * * * * * SUMMARY: NMFS announces the re-
Shark line means a type of fishing (k) Shark handling and release opening of the recreational sector for red
gear used to target sharks and consisting requirements for purse seine vessels. snapper in the exclusive economic zone
of an individual hooked line or hooked The crew, operator, and owner of a U.S. (EEZ) of the South Atlantic through this
lines attached to the floatline or directly commercial purse seine fishing vessel temporary rule. The most recent
to the floats of longline gear and must promptly release unharmed, to the preliminary recreational harvest
deployed in the water column at depths extent practicable, any shark (whether information for red snapper indicate the
shallower than the mainline. live or dead) caught in the IATTC recreational annual catch limit (ACL) for
* * * * * Convention Area, as soon as it is seen the limited 2017 fishing season has not
in the net or on the deck, without yet been reached. Therefore, NMFS re-
■ 3. In § 300.24, revise paragraphs (w),
compromising the safety of any persons. opens the recreational sector for red
(x), (cc), and (dd), and add paragraphs
jstallworth on DSKBBY8HB2PROD with RULES

If a shark is live when caught, the crew, snapper in the South Atlantic EEZ for 3
(ii) and (jj) to read as follows:
operator, or owner must follow release days (see DATES) to allow the
§ 300.24 Prohibitions. procedures in the following two recreational ACL to be caught, while
* * * * * paragraphs. minimizing the risk of the recreational
(w) Set or attempt to set a purse seine (1) Sharks must be released out of the ACL being exceeded.
on or around a whale shark (Rhincodon purse seine net by directly releasing the DATES: This rule is effective 12:01 a.m.,
typus) in contravention of § 300.27(g). shark from the brailer into the ocean. local time, December 8, 2017, and closes

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Document Created: 2017-11-28 01:51:17
Document Modified: 2017-11-28 01:51:17

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary rule; re-opening.
Dates		This rule is effective 12:01 a.m., local time, December 8, 2017, and closes at 12:01 a.m., local time, on December 11, 2017.
Contact		Nikhil Mehta, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]
FR Citation		82 FR 56178
RIN Number		0648-XF84

82 FR 56178 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic; Re-Opening of the Recreational Sector for Red Snapper

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 227 (November 28, 2017)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration