[Federal Register Volume 74, Number 235 (Wednesday, December 9, 2009)]
[Rules and Regulations]
[Pages 65038-65039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29442]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 040205043-4043-01]
RIN 0648-XS56


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-grouper Fishery of the South Atlantic; Closure of the 2009-2010 
Commercial Fishery for Black Sea Bass in the South Atlantic

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

ACTION:  Temporary rule; closure.

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SUMMARY:  NMFS closes the commercial fishery for black sea bass in the 
portion of the exclusive economic zone (EEZ) of the South Atlantic 
through 35[deg] 15.19' N. lat., the latitude of Cape Hatteras Light, 
North Carolina. NMFS has determined that the quota for the commercial 
fishery for black sea bass will have been reached by December 20, 2009. 
This closure is necessary to protect the black sea bass resource.

DATES:  Closure is effective 12:01 a.m., local time, December 20, 2009, 
until 12:01 a.m., local time, on June 1, 2010.

FOR FURTHER INFORMATION CONTACT:  Catherine Bruger, telephone 727-824-
5305, fax 727-824-5308, e-mail [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic 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 (Council) and 
is implemented under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) by regulations 
at 50 CFR part 622. Those regulations set the commercial quota for 
black sea bass in the South Atlantic at 309,000 lb (140,160 kg) for the 
current fishing year, June 1, 2009, through May 31, 2010.
    Black sea bass are managed throughout their range. In the South 
Atlantic EEZ, black sea bass are managed by the Council from 35[deg] 
15.19' N. lat., the latitude of Cape Hatteras Light, North Carolina, 
south. From Cape Hatteras Light, North Carolina, through Maine, black 
sea bass are managed jointly by the Mid-Atlantic Fishery Management 
Council and the Atlantic States Marine Fisheries Commission. Therefore, 
the closure provisions contained in this notice are applicable to those 
vessels harvesting or possessing black sea bass from Key West, Florida, 
through Cape Hatteras Light, North Carolina.
    Under 50 CFR 622.43(a), NMFS is required to close the commercial 
fishery for a species or species group when the quota for that species 
or species group is reached, or is projected to be reached, by filing a 
notification to that effect with the Office of the Federal Register. 
Based on current statistics, NMFS has determined that the available 
commercial quota of 309,000 lb (140,160 kg) for black sea bass will be 
reached on or before December 20, 2009. Accordingly, NMFS is closing 
the commercial fishery for black sea bass in the portion of the South 
Atlantic EEZ through Cape Hatteras Light, North Carolina, from 12:01 
a.m., local time, on December 20, 2009, until 12:01 a.m., local time, 
on June 1, 2010. The operator of a vessel that is landing black sea 
bass for sale must have landed and bartered, traded, or sold such black 
sea bass prior to 12:01 a.m., local time, December 20, 2009, and all 
sea bass pots must be removed from the EEZ as of that time and date.
    During the closure, the applicable bag and possession limits 
specified in 50 CFR 622.39(d) apply to all harvest or possession of 
black sea bass in or from the portion of the South Atlantic EEZ through 
Cape Hatteras Light, North Carolina; and the sale or purchase of black 
sea bass taken from the EEZ is prohibited. In addition, those bag and 
possession limits and the prohibition on sale or purchase of black sea 
bass apply regardless of where the black sea bass were harvested, i.e., 
in state waters or in the portion of the South Atlantic EEZ through 
Cape Hatteras Light, North Carolina, on board a vessel for which a 
valid Federal commercial or charter vessel/headboat permit for South 
Atlantic snapper-grouper has been issued. The prohibition on sale or 
purchase does not apply to sale or purchase of black sea bass that were 
harvested, landed ashore, and sold prior to 12:01 a.m., local time, 
December 20, 2009, and were held in cold storage by a dealer or 
processor.

[[Page 65039]]

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA, (AA), finds good cause to waive the requirement to provide prior 
notice and opportunity for public comment pursuant to the authority set 
forth at 5 U.S.C. 553(b)(B) as such prior notice and opportunity for 
public comment is unnecessary and contrary to the public interest. Such 
procedures would be unnecessary because the rule itself has already 
been subject to notice and comment, and all that remains is to notify 
the public of the closure. Allowing prior notice and opportunity for 
public comment is contrary to the public interest because of the need 
to immediately implement this action to protect the fishery since the 
capacity of the fishing fleet allows for rapid harvest of the quota. 
Prior notice and opportunity for public comment would require time and 
would potentially result in a harvest well in excess of the established 
quota.
    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).
    This action is taken under 50 CFR 622.43(a) and is exempt from 
review under Executive Order 12866.

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

    Dated: December 4, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-29442 Filed 12-7-09; 4:15 pm]
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