[Federal Register Volume 87, Number 61 (Wednesday, March 30, 2022)]
[Rules and Regulations]
[Pages 18275-18276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06702]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 130403320-4891-02; RTID 0648-XB868]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the South Atlantic; 2022-2023 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' 2022-2023 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. eastern time on April 1, 
2022, through March 31, 2023, 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 south of 35[deg]15.9' N latitude and is managed 
under the

[[Page 18276]]

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 recreational fishing year for black sea bass is April 1 through 
March 31. The recreational AM for black sea bass requires that before 
the April 1 start date of each recreational fishing year, NMFS projects 
the length of the 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.
    The recreational ACL for the 2020-2021 black sea bass fishing year 
is 310,602 lb (140,887 kg), gutted weight, 366,510 lb (166,246 kg), 
round weight. The recreational ACL was set through the final rule for 
Abbreviated Framework Amendment 2 to the FMP (84 FR 14021, April 9, 
2019).
    NMFS estimates that recreational landings for the 2022-2023 fishing 
year will be less than the 2020-2021 recreational ACL. To make this 
determination, NMFS compared recreational landings in the last 3 
fishing years (2018/2019, 2019/2020, and 2020/2021) to the recreational 
ACL for the 2022-2023 black sea bass fishing year. Recreational 
landings in each of the past 3 fishing years have been substantially 
less than the 2022-2023 recreational ACL; therefore, recreational 
landings are projected to be less than the 2022-2023 recreational ACL. 
Accordingly, the recreational sector for black sea bass is not expected 
to close during the fishing year 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 latitude is March 31, 2021.

Classification

    The Regional Administrator for the NMFS Southeast Region has 
determined this temporary rule is necessary for the conservation and 
management of South Atlantic black sea bass and is consistent with the 
FMP, 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 NOAA Fisheries (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 24, 2022.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-06702 Filed 3-29-22; 8:45 am]
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