[Federal Register Volume 82, Number 56 (Friday, March 24, 2017)]
[Rules and Regulations]
[Pages 15005-15006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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