Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Trip Limit Reduction for Gulf of Mexico Grouper Fishery, 33033 [05-11290]

Download as PDF Federal Register / Vol. 70, No. 108 / Tuesday, June 7, 2005 / Rules and Regulations Dated: May 31, 2005. Craig Manson, Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 05–11167 Filed 6–6–05; 8:45 am] BILLING CODE 4310–55–C DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 050209033–5033–01; I.D. 053105G] RIN 0648–AS97 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Trip Limit Reduction for Gulf of Mexico Grouper Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason action. AGENCY: SUMMARY: NMFS reduces the combined trip limit for the commercial shallowwater and deep-water grouper fisheries in the exclusive economic zone of the Gulf of Mexico to 7,500 lb (3,402 kg) per trip. The intended effect of trip limit reduction is to moderate the rate of harvest of the available quotas and, thereby, reduce the adverse social and economic effects of derby fishing, enable more effective quota monitoring, and reduce the probability of overfishing. Effective 12:01 a.m., local time, June 9, 2005, through December 31, 2005, unless changed by further notification in the Federal Register. FOR FURTHER INFORMATION CONTACT: Phil Steele, telephone: 727–824–5305, fax: 727–824–5308, e-mail: Phil.Steele@noaa.gov. DATES: The fishery for reef fish is managed under the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) that was prepared by the Gulf of Mexico Fishery Management Council. This FMP was approved by NMFS and implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act by regulations at 50 CFR part 622. Regulations at 50 CFR 622.44(g)(1)(ii) require NMFS to reduce the commercial trip limit for Gulf deep-water and shallow-water grouper, combined, to SUPPLEMENTARY INFORMATION: VerDate jul<14>2003 16:06 Jun 06, 2005 Jkt 205001 7,500 lb (3,402 kg) if on or before August 1 more than 50 percent of either the shallow-water grouper quota or red grouper quota is reached or is projected to be reached. Based on current statistics, NMFS has determined more than 50 percent of the 5.31 million-lb (2.41 million-kg) commercial quota for red grouper will be reached on June 8, 2005. Accordingly, NMFS is reducing the combined trip limit for deep-water grouper (misty grouper, snowy grouper, yellowedge grouper, warsaw grouper, and speckled hind) and shallow-water grouper (black grouper, gag, red grouper, yellowfin grouper, scamp, yellowmouth grouper, rock hind, and red hind) to 7,500 lb (3,402 kg) per trip in the Gulf of Mexico exclusive economic zone effective 12:01 a.m., local time, on June 9, 2005, through December 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 already has 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 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 would 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 622.44(g)(1)(ii) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: June 1, 2005. Alan D. Risenhoover, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 05–11290 Filed 6–2–05; 2:30 pm] BILLING CODE 3510–22–S PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 33033 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 050317076–5145–02; I.D. 030405C] RIN 0648–AT01 Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Quota Specifications and General Category Effort Controls National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: SUMMARY: NMFS announces the final initial 2005 fishing year specifications for the Atlantic bluefin tuna (BFT) fishery to set BFT quotas for each of the established domestic fishing categories and to set General category effort controls. This action is necessary to implement recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), as required by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic management objectives under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). DATES: The final rule is effective July 7, 2005 through May 31, 2006. ADDRESSES: Supporting documents, including the environmental assessment (EA), final Regulatory Flexibility Act analysis, and regulatory impact review, are available by sending your request to Dianne Stephan, Highly Migratory Species (HMS) Management Division, Office of Sustainable Fisheries (F/SF1), NMFS, One Blackburn Dr., Gloucester, MA 01930; Fax: 978–281–9340. These documents are also available from the HMS Management Division Web site at http://www.nmfs.noaa.gov/sfa/ hmspg.html or at the Federal eRulemaking Portal: http:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Dianne Stephan at (978) 281–9260 or email Dianne.Stephan@noaa.gov. SUPPLEMENTARY INFORMATION: Atlantic tunas are managed under the dual authority of the Magnuson-Stevens Act and ATCA. ATCA authorizes the Secretary of Commerce (Secretary) to promulgate regulations, as may be necessary and appropriate, to implement ICCAT recommendations. The authority to issue regulations under E:\FR\FM\07JNR1.SGM 07JNR1

Agencies

[Federal Register Volume 70, Number 108 (Tuesday, June 7, 2005)]
[Rules and Regulations]
[Page 33033]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11290]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 050209033-5033-01; I.D. 053105G]
RIN 0648-AS97


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Trip Limit Reduction for Gulf 
of Mexico Grouper Fishery

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

ACTION: Temporary rule; inseason action.

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SUMMARY: NMFS reduces the combined trip limit for the commercial 
shallow-water and deep-water grouper fisheries in the exclusive 
economic zone of the Gulf of Mexico to 7,500 lb (3,402 kg) per trip. 
The intended effect of trip limit reduction is to moderate the rate of 
harvest of the available quotas and, thereby, reduce the adverse social 
and economic effects of derby fishing, enable more effective quota 
monitoring, and reduce the probability of overfishing.

DATES: Effective 12:01 a.m., local time, June 9, 2005, through December 
31, 2005, unless changed by further notification in the Federal 
Register.

FOR FURTHER INFORMATION CONTACT: Phil Steele, telephone: 727-824-5305, 
fax: 727-824-5308, e-mail: Phil.Steele@noaa.gov.

SUPPLEMENTARY INFORMATION: The fishery for reef fish is managed under 
the Fishery Management Plan for the Reef Fish Resources of the Gulf of 
Mexico (FMP) that was prepared by the Gulf of Mexico Fishery Management 
Council. This FMP was approved by NMFS and implemented under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act by regulations at 50 CFR part 622. Regulations at 50 CFR 
622.44(g)(1)(ii) require NMFS to reduce the commercial trip limit for 
Gulf deep-water and shallow-water grouper, combined, to 7,500 lb (3,402 
kg) if on or before August 1 more than 50 percent of either the 
shallow-water grouper quota or red grouper quota is reached or is 
projected to be reached. Based on current statistics, NMFS has 
determined more than 50 percent of the 5.31 million-lb (2.41 million-
kg) commercial quota for red grouper will be reached on June 8, 2005. 
Accordingly, NMFS is reducing the combined trip limit for deep-water 
grouper (misty grouper, snowy grouper, yellowedge grouper, warsaw 
grouper, and speckled hind) and shallow-water grouper (black grouper, 
gag, red grouper, yellowfin grouper, scamp, yellowmouth grouper, rock 
hind, and red hind) to 7,500 lb (3,402 kg) per trip in the Gulf of 
Mexico exclusive economic zone effective 12:01 a.m., local time, on 
June 9, 2005, through December 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 already has 
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 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 
would 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 622.44(g)(1)(ii) and is exempt 
from review under Executive Order 12866.

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

    Dated: June 1, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-11290 Filed 6-2-05; 2:30 pm]
BILLING CODE 3510-22-S