[Federal Register Volume 77, Number 168 (Wednesday, August 29, 2012)]
[Rules and Regulations]
[Pages 52261-52262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21307]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120309176-2075-02]
RIN 0648-XC133


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
South Atlantic Snapper-Grouper Fishery; 2012-2013 Accountability 
Measure and Closure for Recreational 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 implements an accountability measure (AM) for the black 
sea bass recreational sector in the South Atlantic for the 2012-2013 
fishing year through this temporary final rule. NMFS has determined 
that the annual catch limit (ACL) for the black sea bass recreational 
sector has been reached. Therefore, NMFS closes the recreational sector 
of 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. This closure is necessary to 
protect the black sea bass resource.

DATES: This rule is effective 12:01 a.m., local time, September 4, 
2012, through May 31, 2013.

FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, telephone: 727-824-
5305, or email: [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 includes 
black sea bass, and it 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

    Black sea bass are managed throughout their range. In the South 
Atlantic EEZ, black sea bass are managed under the FMP by the Council 
from 35[deg]15.19' N. lat., the latitude of Cape Hatteras Light, North 
Carolina, south to the boundary between the South Atlantic and Gulf of 
Mexico (Gulf) Councils, off of Key West, Florida. The boundary between 
the South Atlantic and Gulf Councils coincides with the line of 
demarcation between the Atlantic Ocean and the Gulf, which begins at 
the intersection of the outer boundary of the EEZ, as specified in the 
Magnuson-Stevens Act, and 83[deg]00' W. long., proceeds northward along 
that meridian to 24[deg]35' N. lat., (near the Dry Tortugas Islands), 
thence eastward along that parallel, through Rebecca Shoal and the 
Quicksand Shoal, to the Marquesas Keys, and then through the Florida 
Keys to the mainland at the eastern end of Florida Bay, the line so 
running that the narrow waters within the Dry Tortugas Islands, the 
Marquesas Keys and the Florida Keys, and between the Florida Keys and 
the mainland, are within the Gulf. 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 Cape Hatteras Light, North Carolina, through to the 
boundary between the South Atlantic and Gulf Councils (off of Key West, 
Florida), as described above.
    The 2006 reauthorization of the Magnuson-Stevens Act established 
new requirements that ACLs and AMs be implemented to end overfishing 
and prevent overfishing from occurring. AMs are management controls to 
prevent ACLs from being exceeded, and

[[Page 52262]]

to 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). The final rule for 
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 is 409,000 lb (185,519 kg), gutted weight.
    On June 1, 2012, NMFS issued a final rule (77 FR 32408) to 
implement Amendment 18A to the FMP (Amendment 18A). In part, the final 
rule for Amendment 18A modified the recreational sector AMs for black 
sea bass. The AMs described at 50 CFR 622.49(b)(5)(ii) require NMFS to 
close the recreational sector for black sea bass when the recreational 
ACL is reached, or is projected to be reached by filing a notification 
to that effect with the Office of the Federal Register. Based on the 
best scientific information available, NMFS has determined that the 
black sea bass recreational ACL of 409,000 lb (185,519 kg), gutted 
weight; 482,620 lb (218,913 kg), round weight, has been reached. 
Accordingly, NMFS is implementing the necessary AM to close the black 
sea bass recreational sector in the South Atlantic EEZ at 12:01 a.m., 
local time, on September 4, 2012, for the remainder of the 2012-2013 
fishing year, from 35[deg]15.19' N. lat., the latitude of Cape Hatteras 
Light, North Carolina, south to the boundary between the South Atlantic 
and Gulf Councils, as previously described in this temporary rule.
    On, and after, the effective date of the closure, the recreational 
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. The black sea bass recreational sector will 
reopen on June 1, 2013, the start of the 2013-2014 recreational fishing 
season.

Classification

    The Regional Administrator, Southeast Region, NMFS, 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 this 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 for public comment 
on this temporary rule. Such procedures are unnecessary because the AMs 
established by Amendment 18A and located at 50 CFR 622.49(b)(5)(ii) 
have already been subject to notice and comment and authorize the 
Assistant Administrator for Fisheries, NOAA, (AA) to 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, if recreational landings for black sea bass, reach or are 
projected to reach the recreational sector ACL. All that remains is to 
notify the public of the closure of the recreational sector for black 
sea bass for the remainder of the 2012-2013 fishing year.
    Additionally, there is a need to immediately notify the public of 
the closure of the black sea bass recreational sector because South 
Atlantic black sea bass are undergoing overfishing and there is a 10-
year rebuilding plan in place. Failure to close the recreational 
harvest of black sea bass in a timely fashion could result in negative 
biological effects and affect the rebuilding plan for black sea bass 
within the timeline specified by the Magnuson-Stevens Act. The current 
ACL is projected to have been met at this time and the delay in 
effectiveness of the actual closure date is solely to allow for 
sufficient notice to the recreational sector, including private and 
for-hire fishers.
    To allow for adequate notice to the fishers while simultaneously 
protecting the black sea bass resource, this temporary rule provides 
notice to the public prior to the closure of recreational black sea 
bass to minimize disruption to the activities of the recreational 
sector. This notice will provide time to schedule and prepare for trips 
and to purchase the appropriate amount of supplies.
    Therefore, the timing for this temporary rule is intended to 
maximize the biological benefits to the resource while attempting to 
minimize the negative economic harm to 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).

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

    Dated: August 24, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2012-21307 Filed 8-24-12; 4:15 pm]
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