[Federal Register Volume 76, Number 22 (Wednesday, February 2, 2011)]
[Rules and Regulations]
[Page 5717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2287]



[[Page 5717]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 0907271173-0629-03]
RIN 0648-XA154


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the South Atlantic; Closure of the 2010-2011 
Recreational Sector 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 recreational sector 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 recreational annual catch 
limit (ACL) for black sea bass has been reached. This closure is 
necessary to protect the black sea bass resource.

DATES: The closure is effective 12:01 a.m., local time, February 12, 
2011, until 12:01 a.m., local time, on June 1, 2011.

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. These regulations set the recreational ACL for 
black sea bass in the South Atlantic at 409,000 lb (185,519 kg), gutted 
weight, for the current fishing year, June 1, 2010, through May 31, 
2011.

Background

    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.
    Regulations effective January 31, 2011 (75 FR 82280, December 30, 
2011), set the recreational ACL for black sea bass in the South 
Atlantic EEZ and established accountability measures, and require NMFS 
to close the recreational sector for black sea bass when the ACL is 
reached, or is projected to be reached, by filing a notification to 
that effect with the Office of the Federal Register. The accountability 
measures state if black sea bass are overfished and if recreational 
landings reach or are projected to reach the recreational ACL of 
409,000 lb (185,519 kg), gutted weight, the Assistant Administrator for 
Fisheries, NOAA (AA), will close the recreational sector for black sea 
bass for the remainder of the fishing year (50 CFR 622.49(b)(5)(ii)). 
On, and after, the effective date of the closure, the bag and 
possession limit of black sea bass in or from the South Atlantic EEZ is 
zero. This zero bag and possession limit also applies in the South 
Atlantic on board a vessel for which a valid Federal charter vessel/
headboat permit for South Atlantic snapper-grouper has been issued, 
without regard to where such species were harvested, i.e., in State or 
Federal waters. Additionally, if black sea bass recreational landings 
exceed the ACL, without regard to overfished status, the AA will file a 
notification with the Office of the Federal Register, at or near the 
beginning of the following fishing year, to reduce the ACL for that 
fishing year by the amount of the overage.
    Based on current statistics, NMFS has determined that the 
recreational ACL of 409,000 lb (185,519 kg), gutted weight, for black 
sea bass has been reached. Accordingly, NMFS is closing the 
recreational sector 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, February 12, 2011, until 12:01 a.m., local time, on 
June 1, 2011. Because this is the first time the recreational sector 
for black sea bass has closed, NMFS is delaying the closure until 12:01 
a.m., local time, February 12, 2011, in order to contact state marine 
fishery agencies and fish houses, announce the closure on NOAA Weather 
Radio, and distribute a news bulletin to provide additional notice to 
the recreational fishermen. The closure is intended to prevent 
overfishing and increase the likelihood that the current recreational 
ACL will not be exceeded even further.

Classification

    This action responds to the best scientific information available 
recently obtained from the fishery. The 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 implementing the sector ACL and the associated 
requirement for closure of the sector when the ACL is met or projected 
to be met 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 
and impracticable because any additional delay in the closure of the 
recreational black sea bass sector could result in the recreational ACL 
being exceeded even further, which would incur larger overages to the 
ACL. Overages to the ACL trigger a second accountability measure which 
states that if recreational landings exceed the ACL, NMFS will file a 
notification with the Office of the Federal Register, at or near the 
beginning of the following fishing year, to reduce the ACL for that 
fishing year by the amount of the overage. Reducing the ACL even 
further for the following year would produce additional adverse 
economic impacts for black sea bass fishermen.
    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: January 28, 2011.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-2287 Filed 1-28-11; 4:15 pm]
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