[Federal Register Volume 75, Number 226 (Wednesday, November 24, 2010)]
[Rules and Regulations]
[Pages 71565-71566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29657]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 040205043-4043-01]
RIN 0648-XZ82


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the South Atlantic; Reopening of the 2010-
2011 Commercial 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; reopening.

-----------------------------------------------------------------------

SUMMARY: NMFS reopens the 2010-2011 commercial sector for South 
Atlantic black sea bass in the exclusive economic zone (EEZ). NMFS 
previously determined the quota for the commercial sector would be 
reached by October 7, 2010, and closed the commercial sector for black 
sea bass in the South Atlantic. The latest estimates for landings 
indicate the quota was not reached by that date. Consequently, NMFS 
will reopen the commercial sector for 14 days. The purpose of this 
action is to allow the commercial sector to maximize harvest benefits 
and at the same time protect the black sea bass resource.

DATES: The reopening is effective 12:01 a.m., local time, December 1, 
2010, until 12:01 a.m., local time, on December 15, 2010. The 
commercial sector will then be closed until the end of the fishing 
season, 12:01 a.m., local time, June 1, 2011.

FOR FURTHER INFORMATION CONTACT: Catherine Bruger, telephone 727-824-
5305, fax 727-824-5308, e-mail <a href="/cdn-cgi/l/email-protection#1e5d7f6a767b6c77707b305c6c6b797b6c5e70717f7f30797168"><span class="__cf_email__" data-cfemail="367557425e53445f585318744443515344765859575718515940">[email protected]</span></a>.

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. Those regulations set the commercial quota for 
black sea bass in the South Atlantic at 309,000 lb (140,160 kg) for the 
current fishing year, June 1, 2010, though May 31, 2011, as specified 
in 50 CFR 622.42(e)(5)(iii).
    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.
    Under 50 CFR 622.43(a)(5), NMFS is required to close the commercial 
sector for a species or species group when the quota for that species 
or species group is reached, or is projected to be reached, by filing a 
notification to that effect with the Office of the Federal Register. 
NMFS projected the commercial sector for black sea bass in the South 
Atlantic would reach the quota on, or before, October 7, 2010, and 
closed the fishery on that date (75 FR 60008, September 29, 2010). 
However, based on current statistics, NMFS has determined that only 82 
percent of the available commercial quota was landed by that date. 
Based on daily landings rates and the pounds remaining on the quota 
(approximately 56,134 lb (25,462 kg)), NMFS has determined the fishery 
can reopen for 14 days. Accordingly, NMFS is reopening the commercial 
sector for black sea bass in the South Atlantic from 12:01 a.m., local 
time, on December 1, 2010, until 12:01 a.m., local time, on December 
15, 2010. The commercial sector will then be closed until 12:01 a.m., 
local time, June 1, 2011, the end of the current fishing year. December 
1, 2010, was chosen as the reopening day for the commercial sector 
based on feedback from the fishing industry and weather concerns, which 
indicated that this was the best time to reopen.
    The operator of a vessel with a valid commercial vessel permit for 
South Atlantic snapper-grouper may not fish for or retain black sea 
bass in the South Atlantic prior to 12:01 a.m., local time, December 1, 
2010, and must have landed and bartered, traded, or sold such black sea 
bass prior to 12:01 a.m., local time, December 15, 2010.
    During the closure, the bag limit and possession limits specified 
in 50 CFR 622.39(d)(1)(vii) and (d)(2), respectively, apply to all 
harvest or possession of black sea bass in or from the South Atlantic 
EEZ, and the sale or purchase

[[Page 71566]]

of black sea bass taken from the EEZ is prohibited. The prohibition on 
sale or purchase does not apply to sale or purchase of black sea bass 
that were harvested, landed ashore, and sold prior to 12:01 a.m., local 
time, October 7, 2010, and were held in cold storage by a dealer or 
processor. For a person on board a vessel for which a Federal 
commercial or charter vessel/headboat permit for the South Atlantic 
snapper-grouper fishery has been issued, the sale and purchase 
provisions of the commercial closure for black sea bass would apply 
regardless of whether the fish are harvested in state or Federal 
waters, as specified in 50 CFR 622.43(a)(5)(ii).

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA, (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). Allowing prior notice and opportunity for 
public comment on the reopening is unnecessary because the rule 
establishing the annual quota has already been subject to notice and 
comment, and all that remains is to notify the public that additional 
harvest is available under the established quota and, therefore, the 
fishery will reopen for a limited time period.
    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(c) and is exempt from 
review under Executive Order 12866.

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

    Dated: November 19, 2010.
Brian W. Parker,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-29657 Filed 11-19-10; 4:15 pm]
BILLING CODE 3510-22-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>