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, 10089-10090 [07-1015]

Download as PDF sroberts on PROD1PC70 with RULES Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Rules and Regulations Pursuant to 5 U.S.C. 533(b)(B), there is good cause to waive prior notice and opportunity for public comment on this action as notice and comment would be impracticable and contrary to the public interest. This final rule merely delays the effective date of the VMS requirements and VMS-related permit renewal requirements set forth in the regulations implementing Amendment 18A. Delaying the effective date of these provisions will provide VMS vendors time to resolve a technological problem with one of the approved VMS units that could potentially affect vessel safety. The delay would also provide vendors additional time to meet the demand for delivery and installation of approved units, which NMFS has confirmed is currently backlogged. For these reasons, there is good cause to waive the 30-day delayed effectiveness provision of the APA for these measures pursuant to 5 U.S.C. 553(d)(3). Failure to waive prior notice and opportunity for public comment or failure to waive the 30-day delayed effectiveness provision of the APA for these measures would result in these measures becoming effective on March 7, 2007, rather than providing the additional time necessary to resolve these unanticipated issues. This final rule is exempt from the procedures of the Regulatory Flexibility Act because the rule is issued without opportunity for prior notice and opportunity for public comment. This rule refers to collection-ofinformation requirements subject to the Paperwork Reduction Act (PRA) and which have been approved by OMB under Control Number 0648–0544. Public reporting for these requirements is estimated to average 4 hours for VMS installation, 15 minutes for completion and submission of certification of VMS installation and activation, 24 seconds for transmission of position reports, 2 hours for annual maintenance of VMS, 10 minutes for submission of requests for power-down exemptions, and 15 minutes for annual renewal of all permits. These estimates include the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding these burden estimates or any other aspect of this data collection, including suggestions for reducing burden hours, to NMFS (see ADDRESSES) and by email to DavidlRostker@omb.eop.gov, or fax to 202–395–7285. Notwithstanding any other provision of law, no person is required to respond to, and no person shall be subject to VerDate Aug<31>2005 15:48 Mar 06, 2007 Jkt 211001 penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB control number. Authority: 16 U.S.C. 1801 et seq. Dated: February 28, 2007. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 07–1013 Filed 3–1–07; 3:27 pm] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 001005281–0369–02; I.D. 022207A] 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: Temporary rule; inseason adjustment. AGENCY: SUMMARY: NMFS reduces the trip limit in the commercial hook-and-line fishery for king mackerel in the southern Florida west coast subzone to 500 lb (227 kg) of king mackerel per day in or from the exclusive economic zone (EEZ). This trip limit reduction is necessary to protect the Gulf king mackerel resource. DATES: This rule is effective 12:01 a.m., local time, March 3, 2007, through June 30, 2007, unless changed by further notification in the Federal Register. FOR FURTHER INFORMATION CONTACT: Steve Branstetter, telephone 727–824– 5305, fax 727–824–5308, 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 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 10089 Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. On April 27, 2000, NMFS implemented the final rule (65 FR 16336, March 28, 2000) that divided the Florida west coast subzone of the eastern zone into northern and southern subzones, and established their separate quotas. The quota for the hook-and-line fishery in the southern Florida west coast subzone is 520,312 lb (236,010 kg)(50 CFR 622.42(c)(1)(i)(A)(2)(i)). In accordance with 50 CFR 622.44(a)(2)(ii)(B)(2), from the date that 75 percent of the southern Florida west coast subzone’s quota has been harvested until a closure of the subzone’s fishery has been effected or the fishing year ends, king mackerel in or from the EEZ may be possessed on board or landed from a permitted vessel in amounts not exceeding 500 lb (227 kg) per day. NMFS has determined that 75 percent of the quota for Gulf group king mackerel from the southern Florida west coast subzone has been reached. Accordingly, a 500–lb (227–kg) trip limit applies to vessels in the commercial fishery for king mackerel in or from the EEZ in the southern Florida west coast subzone effective 12:01 a.m., local time, March 3, 2007. The 500–lb (227–kg) trip limit will remain in effect until the fishery closes or until the end of the current fishing year (June 30, 2007), whichever occurs first. The Florida west coast subzone is that part of the eastern zone located south and west of 25°20.4′ N. lat. (a line directly east from the Miami-Dade County, Florida, boundary) along the west coast of Florida to 87°31.067prime; W. long. (a line directly south from the Alabama/Florida boundary). The Florida west coast subzone is divided into northern and southern subzones. From November 1 through March 31, the southern subzone is designated as the area extending south and west from 25°20.4′ N. lat. to 26°19.8′ N. lat. (a line directly west from the Lee/Collier County, Florida, boundary), i.e., the area off Collier and Monroe Counties. Based on the current total allowable catch and the allocation ratios, the quota for the southern Florida west coast subzone is 1,040,625 lb (472,020 kg). The subzone’s quota is further divided into two equal 520,312–lb (236,010–kg) quotas for vessels fishing with either run-around gillnets or hook-and-line gear. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA, E:\FR\FM\07MRR1.SGM 07MRR1 10090 Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Rules and Regulations (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)(3)(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 closure. 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. Dated: February 28, 2007. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 07–1015 Filed 3–1–07; 3:27 pm] sroberts on PROD1PC70 with RULES BILLING CODE 3510–22–S VerDate Aug<31>2005 15:48 Mar 06, 2007 Jkt 211001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 665 [Docket No. 061227341–7031–02; I.D. 120406A] RIN 0648–AU99 Fisheries in the Western Pacific; Western Pacific Pelagic Fisheries; Hawaii Shallow-Set Longline Fishery; Correction National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; correction. AGENCY: SUMMARY: This document contains corrections to the final regulations that were published in the Federal Register on February 26, 2007, and are effective March 28, 2007. The published rule amended CFR text that is effective only through March 19, 2007. This correction changes the amendatory instructions in the final rule to accurately reflect effective CFR parts as of March 28, 2007. These changes ensure that the 7– day delay in effectiveness is permanently removed when closing the Hawaii-based shallow-set longline fishery as a result of reaching interaction limits for sea turtles. DATES: Effective March 28, 2007. FOR FURTHER INFORMATION CONTACT: Bob Harman, NMFS Pacific Islands Region, 808–944–2271. SUPPLEMENTARY INFORMATION: The final rule published on February 26, 2007 (72 FR 8289) and effective March 28, 2007, removes the 7-day delay in effectiveness when closing the Hawaii-based shallowset longline fishery as a result of reaching interaction limits for sea turtles. It allows for an immediate PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 closure of the fishery to enhance protection of sea turtles. The amendatory instructions that are the subject of this correction refer to § 665.22 and § 665.33 in the CFR. The amendatory instructions in the published final rule (72 FR 8289) were written to amend CFR text that is effective only through March 19, 2007. This correction makes two changes to the amendatory instructions to accurately reflect effective CFR parts as of March 28, 2007. In the amendatory instruction for § 665.22, ‘‘revise’’ is replaced with ‘‘add’’. This change is necessary to insert revisions of paragraphs (ss) and (tt) that were effective through March 19, 2007. In amendatory instruction for § 665.33, the phrase, ‘‘remove paragraphs (b)(2)(iii) and (iv)’’, is removed, since the subject paragraphs will no longer be effective on March 28, 2007. Correction Accordingly, the final rule amendatory instructions published on February 26, 2007 in 72 FR 8289 are corrected as follows: I § 665.22 [Amended] On page 8291, column 2, the second amendatory instruction is correctly revised as follows: I 2. In § 665.22, add paragraphs (ss) and (tt) to read as follows: I § 665.33 [Amended] On page 8291, column 2, the third amendatory instruction is revised to read as follows: I 3. In § 665.33, revise paragraphs (b)(2)(i) and (ii) to read as follows: I Dated: February 28, 2007. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. E7–3902 Filed 3–6–07; 8:45 am] BILLING CODE 3510–22–S E:\FR\FM\07MRR1.SGM 07MRR1

Agencies

[Federal Register Volume 72, Number 44 (Wednesday, March 7, 2007)]
[Rules and Regulations]
[Pages 10089-10090]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-1015]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02; I.D. 022207A]


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: Temporary rule; inseason adjustment.

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

SUMMARY: NMFS reduces the trip limit in the commercial hook-and-line 
fishery for king mackerel in the southern Florida west coast subzone to 
500 lb (227 kg) of king mackerel per day in or from the exclusive 
economic zone (EEZ). This trip limit reduction is necessary to protect 
the Gulf king mackerel resource.

DATES: This rule is effective 12:01 a.m., local time, March 3, 2007, 
through June 30, 2007, unless changed by further notification in the 
Federal Register.

FOR FURTHER INFORMATION CONTACT: Steve Branstetter, telephone 727-824-
5305, fax 727-824-5308, 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 (Magnuson-Stevens Act) 
by regulations at 50 CFR part 622.
    On April 27, 2000, NMFS implemented the final rule (65 FR 16336, 
March 28, 2000) that divided the Florida west coast subzone of the 
eastern zone into northern and southern subzones, and established their 
separate quotas. The quota for the hook-and-line fishery in the 
southern Florida west coast subzone is 520,312 lb (236,010 kg)(50 CFR 
622.42(c)(1)(i)(A)(2)(i)).
    In accordance with 50 CFR 622.44(a)(2)(ii)(B)(2), from the date 
that 75 percent of the southern Florida west coast subzone's quota has 
been harvested until a closure of the subzone's fishery has been 
effected or the fishing year ends, king mackerel in or from the EEZ may 
be possessed on board or landed from a permitted vessel in amounts not 
exceeding 500 lb (227 kg) per day.
    NMFS has determined that 75 percent of the quota for Gulf group 
king mackerel from the southern Florida west coast subzone has been 
reached. Accordingly, a 500-lb (227-kg) trip limit applies to vessels 
in the commercial fishery for king mackerel in or from the EEZ in the 
southern Florida west coast subzone effective 12:01 a.m., local time, 
March 3, 2007. The 500-lb (227-kg) trip limit will remain in effect 
until the fishery closes or until the end of the current fishing year 
(June 30, 2007), whichever occurs first.
    The Florida west coast subzone is that part of the eastern zone 
located south and west of 25[deg]20.4' N. lat. (a line directly east 
from the Miami-Dade County, Florida, boundary) along the west coast of 
Florida to 87[deg]31.067prime; W. long. (a line directly south from the 
Alabama/Florida boundary). The Florida west coast subzone is divided 
into northern and southern subzones. From November 1 through March 31, 
the southern subzone is designated as the area extending south and west 
from 25[deg]20.4' N. lat. to 26[deg]19.8' N. lat. (a line directly west 
from the Lee/Collier County, Florida, boundary), i.e., the area off 
Collier and Monroe Counties. Based on the current total allowable catch 
and the allocation ratios, the quota for the southern Florida west 
coast subzone is 1,040,625 lb (472,020 kg). The subzone's quota is 
further divided into two equal 520,312-lb (236,010-kg) quotas for 
vessels fishing with either run-around gillnets or hook-and-line gear.

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA,

[[Page 10090]]

(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)(3)(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 closure. 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.

    Dated: February 28, 2007.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 07-1015 Filed 3-1-07; 3:27 pm]
BILLING CODE 3510-22-S

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