[Federal Register Volume 83, Number 55 (Wednesday, March 21, 2018)]
[Rules and Regulations]
[Page 12281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05703]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 130403320-4891-02]
RIN 0648-XG056


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Resources of the South Atlantic; 2018-2019 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 fishing 
season for black sea bass in the exclusive economic zone (EEZ) of the 
South Atlantic will extend throughout the species' 2018-2019 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, 
2018, until 12:01 a.m., local time, April 1, 2019, 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 South Atlantic snapper-grouper fishery 
includes black sea bass 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 April 1 
start of each recreational fishing year, NMFS projects the length of 
the upcoming recreational fishing season based on when NMFS projects 
the recreational ACL will be met and announces 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 2018-2019 fishing 
year will be less than the 2018-2019 recreational ACL. To make this 
determination, NMFS compared landings in the last 3 fishing years to 
the recreational ACL for the 2018-2019 black sea bass fishing year 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 (78 FR 58249; September 23, 2013). 
Landings in each of the past 3 fishing years have been substantially 
below the 2018-2019 recreational ACL; therefore, recreational landings 
in 2018-2019 are projected to be below the 2018-2019 recreational ACL. 
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 south 
of 35[deg]15.9' N lat. is March 31, 2019.

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 
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 16, 2018.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-05703 Filed 3-20-18; 8:45 am]
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