Rule2022-08057
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Comprehensive Ecosystem-Based Amendment 2 for the South Atlantic Region; Correction
Primary source
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Published
April 19, 2022
Effective
April 19, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 75 (Tuesday, April 19, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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: <a href="/cdn-cgi/l/email-protection#e78c86958b86c980889582a789888686c9808891"><span class="__cf_email__" data-cfemail="b0dbd1c2dcd19ed7dfc2d5f0dedfd1d19ed7dfc6">[email protected]</span></a>.
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
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