Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Trip Limit Reduction, 5569-5570 [05-2057]

Download as PDF Federal Register / Vol. 70, No. 22 / Thursday, February 3, 2005 / Rules and Regulations Register to establish the actual effective date or to terminate the rule. DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: Dean Koppel, Assistant Administrator, Office of Policy and Research, (202) 401–8150, or dean.koppel@sba.gov. National Oceanic and Atmospheric Administration 50 CFR Part 622 On December 20, 2004, SBA published in the Federal Register a final rule which, among other things, issued a list of factors for Federal agencies to consider in evaluating a prime contractor’s performance and good faith efforts to achieve the requirements in its subcontracting plan, and authorized the use of goals in subcontracting plans, and/or past performance in meeting such goals, as a factor in source selection when placing orders against Federal Supply Schedules, governmentwide acquisition contracts, and multiagency contracts (69 FR 75820). The document incorrectly stated that the final rule was effective on December 20, 2004. The document did not put the public on notice that the final rule had been designated as a major rule under the Congressional Review Act (CRA), which generally requires that the effective date for major final rules to be at least 60 days from the date of publication in the Federal Register, or from the date both Houses of Congress receive it, whichever is later. On January 10, 2005, SBA published in the Federal Register a correction to the final rule to put the public on notice that the final rule had been designated as a major rule under the CRA (70 FR 1655). The correction also stated that the effective date for the final rule was February 18, 2005, which was 60 days after the publication of the final rule in the Federal Register. When SBA published the correction, the Agency assumed that Congress had received the final rule before its publication in the Federal Register. However, Congress received the final rule on January 11, 2005. Because the CRA requires the effective date for major final rules to be at least 60 days after publication or congressional receipt, whichever is later, and because congressional receipt was the later of the dates, SBA is delaying the effective date of the final rule until March 14, 2005. SUPPLEMENTARY INFORMATION: Dated: January 25, 2005. Allegra F. McCullough, Associate Deputy Administrator for Government Contracting and Business Development. [FR Doc. 05–1777 Filed 2–2–05; 8:45 am] BILLING CODE 8025–01–P VerDate jul<14>2003 14:47 Feb 02, 2005 Jkt 205001 [Docket No. 001005281–0369–02; I.D. 012705C] Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Trip Limit Reduction National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Inseason action; trip limit reduction. AGENCY: SUMMARY: NMFS reduces the commercial trip limit of Atlantic group Spanish mackerel in or from the exclusive economic zone (EEZ) in the southern zone to 1,500 lb (680 kg) per day. This trip limit reduction is necessary to maximize the socioeconomic benefits of the quota. DATES: Effective 6 a.m., local time, February 1, 2005, through March 31, 2005, unless changed by further notification in the Federal Register. FOR FURTHER INFORMATION CONTACT: Steve Branstetter; telephone: 727–570– 5305; fax: 727–570–5583; e-mail: Steve.Branstetter@noaa.gov. The fishery for coastal migratory pelagic fish (king mackerel, Spanish mackerel, cero, cobia, little tunny, and, in the Gulf of Mexico only, dolphin and bluefish) is managed under the Fishery Management Plan for the Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic (FMP). The FMP was prepared by the Gulf of Mexico and South Atlantic Fishery Management Councils (Councils) and is implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act by regulations at 50 CFR part 622. Based on the Councils’ recommended total allowable catch and the allocation ratios in the FMP, on August 2, 2000 (65 FR 41015, July 3, 2000), NMFS implemented a commercial quota of 3.87 million lb (1.76 million kg) for the Atlantic migratory group of Spanish mackerel. For the southern zone, NMFS specified an adjusted quota of 3.62 million lb (1.64 million kg) calculated to allow continued harvest at a set rate for the remainder of the fishing year in accordance with 50 CFR 622.44(b)(2). In accordance with 50 CFR SUPPLEMENTARY INFORMATION: PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 5569 622.44(b)(1)(ii)(C), after 75 percent of the adjusted quota of Atlantic group Spanish mackerel from the southern zone is taken until 100 percent of the adjusted quota is taken, Spanish mackerel in or from the EEZ in the southern zone may be possessed on board or landed from a permitted vessel in amounts not exceeding 1,500 lb (680 kg) per day. The southern zone for Atlantic migratory group Spanish mackerel extends from 30°42′45.6″ N. lat., which is a line directly east from the Georgia/Florida boundary, to 25°20.4′ N. lat., which is a line directly east from the Miami-Dade/Monroe County, FL, boundary. NMFS has determined that 75 percent of the adjusted quota for Atlantic group Spanish mackerel from the southern zone has been taken. Accordingly, the 1,500 lb (680 kg) per day commercial trip limit applies to Spanish mackerel in or from the EEZ in the southern zone effective 6 a.m., local time, February 1, 2005, through March 31, 2005, unless changed by further notification in the Federal Register. 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), 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 itself has already been subject to notice and comment, and all that remains is to notify the public of the trip limit reduction. Allowing prior notice and opportunity for public comment is contrary to the public interest because of the need to immediately implement this action in order to protect the fishery since the capacity of the fishing fleet allows for rapid harvest of the quota. Prior notice and opportunity for public comment will require time and would potentially result in a harvest well in excess of the established quota. 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. E:\FR\FM\03FER1.SGM 03FER1 5570 Federal Register / Vol. 70, No. 22 / Thursday, February 3, 2005 / Rules and Regulations Dated: January 31, 2005. John H. Dunnigan, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 05–2057 Filed 1–31–05; 12:16 pm] BILLING CODE 3510–22–S VerDate jul<14>2003 14:47 Feb 02, 2005 Jkt 205001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\03FER1.SGM 03FER1

Agencies

[Federal Register Volume 70, Number 22 (Thursday, February 3, 2005)]
[Rules and Regulations]
[Pages 5569-5570]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2057]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02; I.D. 012705C]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South 
Atlantic; Trip Limit Reduction

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Inseason action; trip limit reduction.

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

SUMMARY: NMFS reduces the commercial trip limit of Atlantic group 
Spanish mackerel in or from the exclusive economic zone (EEZ) in the 
southern zone to 1,500 lb (680 kg) per day. This trip limit reduction 
is necessary to maximize the socioeconomic benefits of the quota.

DATES: Effective 6 a.m., local time, February 1, 2005, through March 
31, 2005, unless changed by further notification in the Federal 
Register.

FOR FURTHER INFORMATION CONTACT: Steve Branstetter; telephone: 727-570-
5305; fax: 727-570-5583; e-mail: Steve.Branstetter@noaa.gov.

SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic 
fish (king mackerel, Spanish mackerel, cero, cobia, little tunny, and, 
in the Gulf of Mexico only, dolphin and bluefish) is managed under the 
Fishery Management Plan for the Coastal Migratory Pelagic Resources of 
the Gulf of Mexico and South Atlantic (FMP). The FMP was prepared by 
the Gulf of Mexico and South Atlantic Fishery Management Councils 
(Councils) and is implemented under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act by regulations at 50 
CFR part 622.
    Based on the Councils' recommended total allowable catch and the 
allocation ratios in the FMP, on August 2, 2000 (65 FR 41015, July 3, 
2000), NMFS implemented a commercial quota of 3.87 million lb (1.76 
million kg) for the Atlantic migratory group of Spanish mackerel. For 
the southern zone, NMFS specified an adjusted quota of 3.62 million lb 
(1.64 million kg) calculated to allow continued harvest at a set rate 
for the remainder of the fishing year in accordance with 50 CFR 
622.44(b)(2). In accordance with 50 CFR 622.44(b)(1)(ii)(C), after 75 
percent of the adjusted quota of Atlantic group Spanish mackerel from 
the southern zone is taken until 100 percent of the adjusted quota is 
taken, Spanish mackerel in or from the EEZ in the southern zone may be 
possessed on board or landed from a permitted vessel in amounts not 
exceeding 1,500 lb (680 kg) per day. The southern zone for Atlantic 
migratory group Spanish mackerel extends from 30[deg]42'45.6'' N. lat., 
which is a line directly east from the Georgia/Florida boundary, to 
25[deg]20.4' N. lat., which is a line directly east from the Miami-
Dade/Monroe County, FL, boundary.
    NMFS has determined that 75 percent of the adjusted quota for 
Atlantic group Spanish mackerel from the southern zone has been taken. 
Accordingly, the 1,500 lb (680 kg) per day commercial trip limit 
applies to Spanish mackerel in or from the EEZ in the southern zone 
effective 6 a.m., local time, February 1, 2005, through March 31, 2005, 
unless changed by further notification in the Federal Register.

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), 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 itself has already 
been subject to notice and comment, and all that remains is to notify 
the public of the trip limit reduction. Allowing prior notice and 
opportunity for public comment is contrary to the public interest 
because of the need to immediately implement this action in order to 
protect the fishery since the capacity of the fishing fleet allows for 
rapid harvest of the quota. Prior notice and opportunity for public 
comment will require time and would potentially result in a harvest 
well in excess of the established quota.
    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.


[[Page 5570]]


    Dated: January 31, 2005.
John H. Dunnigan,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 05-2057 Filed 1-31-05; 12:16 pm]
BILLING CODE 3510-22-S