[Federal Register Volume 76, Number 192 (Tuesday, October 4, 2011)]
[Rules and Regulations]
[Pages 61285-61286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25562]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 0907271173-0629-03]
RIN 0648-XA698


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
South Atlantic Snapper-Grouper Fishery; 2011-2012 Accountability 
Measures for Recreational Black Sea Bass

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

ACTION: Temporary rule.

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SUMMARY: NMFS implements accountability measures (AMs) for recreational 
black sea bass in the South Atlantic for the 2011-2012 fishing year 
through this temporary final rule. This rule reduces the 2011-2012 
recreational annual catch limit (ACL) for black sea bass based on the 
2010-2011 recreational ACL overage. This action is necessary to reduce 
overfishing of the South Atlantic black sea bass resource.

DATES: This rule is effective October 4, 2011, through May 31, 2012.

ADDRESSES: Copies of the final rule for Amendment 17B, the 
Environmental Assessment for Amendment 17B, and other supporting 
documentation may be obtained from Catherine Bruger, NMFS, Southeast 
Regional Office, 263 13th Avenue South, St. Petersburg, FL 33701; 
telephone: 727-824-5305.

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.

Background

    The 2006 reauthorization of the Magnuson-Stevens Act established 
new requirements that ACLs and accountability measures (AMs) be 
implemented to end overfishing and prevent overfishing from occurring. 
AMs are management controls to prevent ACLs from being exceeded, and 
correct or mitigate the ACL if an overage occurs.
    On December 30, 2010, NMFS issued a final rule (75 FR 82280) to 
implement Amendment 17B to the FMP (Amendment 17B). Amendment 17B 
established ACLs for eight snapper-grouper species in the FMP that are 
undergoing overfishing, including black sea bass, and AMs if these ACLs 
are reached or exceeded.
    The recreational ACL for black sea bass, implemented through 
Amendment 17B, is 409,000 lb (185,519 kg), gutted weight. In accordance 
with regulations at 50 CFR 622.49 (b)(5)(ii)(A), when the recreational 
ACL is reached or projected to be reached, and black sea bass are 
classified as overfished, the Assistant Administrator for Fisheries, 
NOAA (AA) will file a notification with the Office of the Federal 
Register to close the recreational sector for black sea bass for the 
remainder of the fishing year. In accordance with the regulations at 50 
CFR 622.49 (b)(5)(ii)(B), 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 previous year's overage. Recreational 
landings will be evaluated relative to the ACL, in accordance with the 
regulations at 50 CFR 622.49 (b)(5)(ii)(C), as follows. For 2010, only 
2010 recreational landings will be compared to the ACL; in 2011, the 
average of 2010 and 2011 recreational landings will be compared to the 
ACL; and in 2012 and subsequent fishing years, the most recent 3-year 
running average recreational landings will be compared to the ACL.
    For the 2010-2011 fishing year (June 1, 2010-May 31, 2011), the 
recreational ACL for black sea bass was projected to be reached by 
February 12, 2011. In accordance with the regulations at 50 CFR 622.49 
(b)(5)(ii)(A), NMFS published a temporary rule to close the black sea 
bass recreational sector on February 12, 2011 (76 FR 5717, February 2, 
2011) for the remainder of the 2010-2011 fishing year. Additionally, 
recent finalized landings data from the NMFS Southeast Fisheries 
Science Center (SEFSC) estimate that the 2010-2011 recreational ACL was 
exceeded by 67,253 lb (30,505 kg), gutted weight. Therefore, NMFS 
reduces the black sea bass recreational sector ACL for the 2011-2012 
fishing year by 67,253 lb (30,505 kg) to 341,747 lb (155,014 kg) 
effective October 4, 2011, through May 31, 2012.
    If recreational landings during the 2011-2012 fishing year, as 
estimated by the SEFSC Science and Research Director (SRD), reach the 
revised 2011-2012 recreational ACL of 341,747 lb (155,014 kg), gutted 
weight, and black sea bass are overfished, the AA will file a 
notification with the Office of the Federal Register to close the 
recreational sector for black sea bass for the remainder of the fishing 
year. The 2012-2013 recreational ACL for black sea bass will return to 
the 2010-2011 recreational ACL amount, unless AMs are implemented due 
to an overage.

Classification

    The Administrator, Southeast Region, NMFS, (RA) has determined this 
temporary rule is necessary for the conservation and management of the 
South Atlantic black sea bass component of the South Atlantic snapper-
grouper fishery and is consistent with the Magnuson-Stevens Act and 
other applicable laws.
    The temporary rule has been determined to be not significant for 
purposes of 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.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive the 
requirements to provide prior notice and opportunity

[[Page 61286]]

for public comment on this temporary rule. Such procedures are 
unnecessary because the AMs established by Amendment 17B and located at 
50 CFR 622.49(b)(5)(ii) authorize the AA to file a notification with 
the Office of the Federal Register to reduce the recreational ACL the 
following fishing year if an overage occurs in the prior fishing year. 
The final rule for Amendment 17B implementing this AM was subject to 
notice and comment, and all that remains is to notify the public of the 
reduced recreational ACL for black sea bass for the 2011-2012 fishing 
year. Additionally, there is a need to immediately notify the public of 
the reduced recreational ACL since black sea bass are overfished and 
undergoing overfishing and this waiver will help to provide timely 
notice to further protect the South Atlantic black sea bass resource. 
Also, providing prior notice and opportunity for public comment on this 
action would be contrary to the public interest because many of those 
affected by the recreational season ACL, particularly charter vessel 
and headboat operations, book trips for clients in advance and, 
therefore need as much time as possible to adjust business plans to 
account for the revised ACL.
    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: September 29, 2011.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-25562 Filed 10-3-11; 8:45 am]
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