[Federal Register Volume 76, Number 198 (Thursday, October 13, 2011)]
[Rules and Regulations]
[Page 63563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26499]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 0907271173-0629-03]
RIN 0648-XA686


Snapper-Grouper Fishery of the South Atlantic; Closure of the 
2011-2012 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, October 17, 
2011, until 12:01 a.m., local time, on June 1, 2012.

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. However, NMFS published a temporary rule on October 4, 2011, 
which implemented a reduced recreational ACL beginning October 4, 2011, 
for the 2011-2012 fishing year (76 FR 61285) due to an ACL overage in 
the recreational sector of 67,253 lb (30,505 kg), gutted weight in the 
2010-2011 fishing year. Therefore, the 2011-2012 recreational ACL for 
black sea bass in the South Atlantic is now 341,747 lb (155,014 kg), 
gutted weight, effective October 4, 2011, through May 31, 2012.

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, 
2010), set the recreational ACL for black sea bass in the South 
Atlantic EEZ and established accountability measures (AMs), 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 AMs state if 
black sea bass are overfished and if recreational landings reach or are 
projected to reach the recreational ACL of 341,747 lb (155,014 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.
    Based on current statistics, NMFS has determined that the 
recreational ACL of 341,747 lb (155,014 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, October 17, 2011, until 12:01 a.m., local time, on 
June 1, 2012. In order to announce this closure and provide relevant 
information to interested parties, NMFS will contact state marine 
fishery agencies and fish houses, announce the closure on NOAA Weather 
Radio, and distribute a fishery 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. Black sea bass are overfished and 
are currently in a rebuilding plan, and exceeding the ACLs could 
jeopardize the rebuilding plan. 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 because any 
additional delay in the closure of the recreational black sea bass 
sector could result in the recreational ACL being exceeded, which would 
result in another reduced ACL for the recreational sector in the 2012-
2013 fishing season, and 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: October 7, 2011.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-26499 Filed 10-7-11; 4:15 pm]
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