[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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