[Federal Register Volume 87, Number 75 (Tuesday, April 19, 2022)]
[Rules and Regulations]
[Pages 23148-23150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08057]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 220411-0092]
RIN 0648-BL39


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Comprehensive Ecosystem-Based Amendment 2 for the South Atlantic 
Region; Correction

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; correcting amendment.

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SUMMARY: NMFS corrects the final rule that implemented management 
measures described in the Comprehensive Ecosystem-Based Amendment 2 
(CE-BA 2) to multiple fishery management plans (FMPs) of the South 
Atlantic Region, which published in the Federal Register on December 
30, 2011. Among other measures, that final rule modified management in 
special management zones (SMZs) off South Carolina in the South 
Atlantic exclusive economic zone (EEZ). In that final rule, NMFS 
inadvertently applied recreational harvest and possession restrictions 
for certain species to the Ft. Pierce Offshore Reef SMZ, a pre-existing 
SMZ off the Florida east coast. The purpose of this correcting 
amendment is to fix that error.

DATES: This correction is effective on April 19, 2022.

[[Page 23149]]


FOR FURTHER INFORMATION CONTACT: Karla Gore, NMFS Southeast Regional 
Office, telephone: 727-824-5305, email: [email protected].

SUPPLEMENTARY INFORMATION: On December 30, 2011, NMFS published a final 
rule in the Federal Register (76 FR 82183) to implement management 
measures contained in CE-BA 2 that, among other actions, modified 
management in the SMZs in the EEZ off South Carolina. CE-BA 2 modified 
multiple FMPs and included Amendment 1 to the FMP for Pelagic Sargassum 
Habitat of the South Atlantic Region; Amendment 7 to the FMP for Coral, 
Coral Reefs, and Live and Hard Bottom Habitats of the South Atlantic 
Region; Amendment 25 to the FMP for the Snapper-Grouper Fishery of the 
South Atlantic Region; and Amendment 21 to the FMP for Coastal 
Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region. 
The final rule implementing CE-BA 2 became effective on January 30, 
2012.
    The final rule for CE-BA 2 modified management in the SMZs off 
South Carolina and limited the harvest and possession of snapper-
grouper and coastal migratory pelagic (CMP) species using allowable 
fishing gear to the recreational bag and possession limits. None of the 
alternatives analyzed within CE-BA 2 included the Ft. Pierce Offshore 
Reef SMZ, which is located off the Florida east coast.
    In 2021, NMFS became aware of an error in the regulatory text 
implementing CE-BA 2 after a constituent sought clarification on 
whether recreational bag and possession limits apply to commercial 
fishermen who are fishing in the Ft. Pierce Offshore SMZ. This rule 
corrects that error.

Correction

    In the proposed and final regulatory text for CE-BA 2 (76 FR 69230, 
November 8, 2011; 76 FR 82183, December 30, 2011), NMFS inadvertently 
included the Ft. Pierce Offshore Reef SMZ along with the SMZs off South 
Carolina for the restrictions on the recreational bag and possession 
limits. The geographic coordinates for the Ft. Pierce Offshore Reef SMZ 
are currently located at 50 CFR 622.182(a)(1)(xx), and the recreational 
bag and possession limits are currently contained in 50 CFR 622.187 and 
622.382 for South Atlantic snapper-grouper and CMP species, 
respectively. Therefore, fishermen issued a valid Federal commercial 
permit for snapper-grouper or CMP species in the South Atlantic EEZ are 
incorrectly restricted within the Ft. Pierce Offshore Reef SMZ to the 
recreational bag limits identified in the table at 50 CFR 622.182(a)(2) 
and 50 CFR 622.382(a)(1)(v).
    On April 17, 2013, NMFS implemented a final rule to reorganize the 
fishery regulations in part 622 (78 FR 22950, April 17, 2013). That 
final rule moved harvest restrictions for CMP species in certain South 
Atlantic SMZs, including the Ft. Pierce Offshore Reef SMZ, to the 
current regulatory location at 50 CFR 622.382(a)(1)(v). The table at 50 
CFR 622.182(a)(2) continues to limit the harvest and possession of a 
South Atlantic snapper-grouper species within the Ft. Pierce Offshore 
Reef SMZ to the bag limits specified in 50 CFR 622.187(b).
    The bag limit restriction remains in error for the harvest and 
possession of South Atlantic snapper-grouper and Atlantic CMP species 
in the Ft. Pierce Offshore Reef SMZ.
    CE-BA 2 did not discuss management measures for any SMZ other than 
those off South Carolina. Thus, through this correcting amendment, NMFS 
makes two regulatory corrections. NMFS corrects the table in paragraph 
622.182(a)(2) by removing reference to the Ft. Pierce Offshore Reef SMZ 
in paragraph 622.182(a)(1)(xx) for bag limit restrictions applicable to 
SMZs in the South Atlantic for snapper-grouper species. This final rule 
also removes reference to the Ft. Pierce Offshore Reef SMZ in paragraph 
622.382(a)(1)(v) for CMP species. Upon implementation of this final 
rule, fishermen issued a valid Federal commercial permit for snapper-
grouper or CMP species may possess commercial quantities of such 
species harvested in or from the Ft. Pierce Offshore Reef SMZ as was 
intended by the South Atlantic Fishery Management Council (Council) 
through CE-BA 2.

Classification

    Pursuant to section 305(d) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator (AA) has determined that this final rule is 
consistent with CE-BA 2, the applicable FMPs, other provisions of the 
Magnuson-Stevens Fisheries Conservation and Management Act, and other 
applicable law.
    This final rule has been determined to be not significant under 
Executive Order 12866.
    Pursuant to 5 U.S.C. 553(b)(B), the AA finds good cause to waive 
prior notice and opportunity for additional public comment because it 
would be unnecessary and contrary to the public interest. This 
correcting amendment removes the incorrect application of the 
recreational bag and possession limits for South Atlantic snapper-
grouper and CMP species in the Ft. Pierce Offshore Reef SMZ harvested 
by a person issued a valid Federal commercial permit for such species 
in the South Atlantic EEZ. Providing prior notice and opportunity for 
public comment is unnecessary and contrary to the public interest 
because the Council document for CE-BA 2 did not consider or analyze 
such a restriction for the Ft. Pierce Offshore Reef SMZ, and because 
the regulations implementing CE-BA 2 have already been subject to 
notice and public comment. Providing an additional opportunity for 
public comment would add unnecessary delay to the removal of the 
restrictions in the Ft. Pierce Offshore Reef SMZ, which remain in the 
regulations in error. Further, retaining the incorrect restriction will 
continue to cause confusion among the affected fishermen, law 
enforcement, and the public.
    For the same reasons, the AA also finds good cause, pursuant to 5 
U.S.C. 553(d), to waive the 30-day delay in the date of effectiveness 
for this correcting amendment.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, this rule is 
exempt from the procedures of the Regulatory Flexibility Act. 
Accordingly, no Regulatory Flexibility Act analysis is required and 
none has been prepared.
    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 622

    Commercial, Fisheries, Fishing, Recreational, South Atlantic.

    Dated: April 11, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    Accordingly, 50 CFR part 622 is corrected by making the following 
correcting amendment:

PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH 
ATLANTIC

0
1. The authority citation for part 622 continues to read as follows:

    Authority: 16 U.S.C. 1801 et seq.


Sec.  622.182  Gear-restricted areas.

0
2. In Sec.  622.182, amend paragraph (a)(2) by:
0
a. Designating the table as table 2 to paragraph (a)(2); and
0
b. Revising newly designated table 2.
    The revision reads as follows:

[[Page 23150]]



                       Table 2 to Paragraph (a)(2)
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   In SMZs specified in the
 following paragraphs of this           These restrictions apply
           section
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(a)(1)(i) through (x) and      Use of a powerhead to take South Atlantic
 (a)(1)(xxii) through (xxxix).  snapper-grouper is prohibited.
(a)(1)(i) through (x) and      Possession of a powerhead and a mutilated
 (a)(1)(xxii) through (xxxix).  South Atlantic snapper-grouper in, or
                                after having fished in, one of these
                                SMZs constitutes prima facie evidence
                                that such fish was taken with a
                                powerhead in the SMZ. Harvest and
                                possession of a South Atlantic snapper-
                                grouper is limited to the bag limits
                                specified in Sec.   622.187(b).
(a)(1)(i) through (xviii) and  Fishing may only be conducted with
 (a)(1)(xxii) through (li).     handline, rod and reel, and spearfishing
                                gear.
(a)(1)(i) through (li).......  Use of a sea bass pot or bottom longline
                                is prohibited.
(a)(1)(xii) through (xviii)    Possession of South Atlantic snapper-
 and (a)(1)(xl) through (li).   grouper taken with a powerhead is
                                limited to the bag limits specified in
                                Sec.   622.187(b).
(a)(1)(xix) and (a)(1)(xx)...  A hydraulic or electric reel that is
                                permanently affixed to the vessel is
                                prohibited when fishing for South
                                Atlantic snapper-grouper.
(a)(1)(xix) and (a)(1)(xxi)..  Use of spearfishing gear is prohibited.
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* * * * *

0
3. In Sec.  622.382, revise paragraph (a)(1)(v) to read as follows:


Sec.  622.382  Bag and possession limits.

* * * * *
    (a) * * *
    (1) * * *
    (v) Coastal migratory pelagic fish within certain South Atlantic 
SMZs--Sec.  622.11(a) notwithstanding, all harvest and possession of 
coastal migratory pelagic fish within the South Atlantic SMZs specified 
in Sec.  622.182(a)(1)(i) through (xi) and (a)(1)(xxii) through (xxxix) 
is limited to the bag limits specified in paragraphs (a)(1)(i) through 
(iv) of this section.
* * * * *
[FR Doc. 2022-08057 Filed 4-18-22; 8:45 am]
BILLING CODE 3510-22-P