[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)]
[Rules and Regulations]
[Pages 56178-56179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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