[Federal Register Volume 81, Number 62 (Thursday, March 31, 2016)]
[Rules and Regulations]
[Page 18541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07292]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 130403320-4891-02]
RIN 0648-XE542


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Resources of the South Atlantic; 2016-2017 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 2016-2017 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 fishermen 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, 
2016, until 12:01 a.m., local time, April 1, 2017, 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 
changed the recreational fishing season for black sea bass from June 1 
through May 31 to 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 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 revised AM is to implement 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.
    The recreational ACL for the 2016-2017 fishing year is 848,455 lb 
(384,853 kg), gutted weight, 1,001,177 lb (454,126 kg), round weight, 
and was established through the final rule for Regulatory Amendment 19 
to the FMP on September 23, 2013 (78 FR 58249). In the 2015-2016 
fishing year, harvest levels of black sea bass were not close to 
reaching the recreational ACL of 876,254 lb (397,462 kg), gutted 
weight, 1,033,980 lb (469,005 kg) round weight, and based on landings 
from the 2013-2014 through 2015-2016 fishing years, NMFS therefore 
estimates that the recreational ACL will not be met in the 2016-2017 
fishing year. Accordingly, the recreational sector for black sea bass 
is not expected to close as a result of reaching its ACL, and the 
season end date for recreational fishing for black sea bass in the 
South Atlantic EEZ is the end of the current fishing year, March 31, 
2017.

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 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 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 28, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-07292 Filed 3-28-16; 4:15 pm]
 BILLING CODE 3510-22-P