[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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