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, 15676-15677 [08-1068]

Download as PDF 15676 Federal Register / Vol. 73, No. 58 / Tuesday, March 25, 2008 / Rules and Regulations implement this action to close the fishery constitutes good cause to waive the requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth in 5 U.S.C. 553(b)(3)(B), as such procedures would be unnecessary and contrary to the public interest. Such procedures would be unnecessary because the rule implementing the quota already has been subject to notice and comment, and all that remains is to notify the public of the closure. NMFS has a legal obligation to keep harvest within the quota limits established by the stock rebuilding plan. There is a need to implement these measures in a timely fashion to prevent an overrun of the recreational quota of Gulf red snapper, given the capacity of the fishing fleet to harvest the quota quickly. Any delay in implementing this action would be impractical and contrary to the Magnuson-Steven Act, the FMP, and the public interest. To meet the legal obligation to constrain total recreational harvest to the quota, NMFS must close the recreational fishery in the EEZ earlier, i.e., by August 5, 2008, to compensate for continued fishing that will occur in those state waters where no compatible regulations exist. Those affected by this earlier closure, particularly charter vessel and headboat operations, need as much time as possible to adjust business plans to account for the earlier closure. Delaying the closure rule to accommodate prior public notice and comment would decrease the time available to adjust business plans. 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: March 19, 2008. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8–5939 Filed 3–24–08; 8:45 am] pwalker on PROD1PC71 with RULES BILLING CODE 3510–22–S VerDate Aug<31>2005 17:24 Mar 24, 2008 Jkt 214001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 001005281–0369–02] RIN 0648–XG54 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; trip limit reduction. 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 22, 2008, through June 30, 2008, 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 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 75 percent of the southern Florida west coast subzone’s hook-and-line gear quota has been harvested until a closure of the subzone’s hook-and-line 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 hook-and-line gear 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 hook-and-line fishery for king mackerel in or from the EEZ in the southern Florida west coast subzone effective 12:01 a.m., local time, March 22, 2008. 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, 2008), 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, FL boundary) along the west coast of Florida to 87°31′06′ W. long. (a line directly south from the Alabama/ Florida boundary). The Florida west coast subzone is further 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. Beginning April 1, the southern subzone is reduced to the area off Collier County, Florida, between 25°48′ N. lat. and 26°19.8′ N. lat. 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 because the capacity of the fishing fleet E:\FR\FM\25MRR1.SGM 25MRR1 Federal Register / Vol. 73, No. 58 / Tuesday, March 25, 2008 / Rules and Regulations 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: March 19, 2008. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 08–1068 Filed 3–19–08; 3:16 pm] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 071106673–8011–02] RIN 0648–XG58 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Less Than 60 ft (18.3 m) LOA Using Pot or Hook-and-Line Gear in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: pwalker on PROD1PC71 with RULES SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by catcher vessels less than 60 ft (< 18.3 meters (m)) length overall (LOA) using pot or hook-and- VerDate Aug<31>2005 17:24 Mar 24, 2008 Jkt 214001 line gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2008 Pacific cod total allowable catch (TAC) allocated to catcher vessels < 60 ft (18.3 m) LOA using pot or hookand-line gear in the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 21, 2008, through 2400 hrs, A.l.t., December 31, 2008. FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 908–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2008 and 2009 final harvest specification for groundfish in the BSAI (73 FR 10160, February 26, 2008) and reallocation (73 FR 11562, March 4, 2008) allocated a directed fishing allowance for Pacific cod of 4,233 metric tons to catcher vessels < 60 ft (18.3 m) LOA using pot or hook-andline gear in the BSAI. See § 679.20(c)(3)(iii), § 679.20(c)(5), and § 679.20(a)(7)(ii). In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that the 2008 Pacific cod directed fishing allowance allocated to catcher vessels less than 60 ft (18.3 m) LOA using pot or hook-and-line gear in the BSAI has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific cod by catcher vessels < 60 ft (18.3 m) LOA using pot or hook-and-line gear in the BSAI. PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 15677 After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. 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 requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the closure of Pacific cod by catcher vessels < 60 ft (18.3 m) LOA using pot or hook-and-line gear in the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of March 18, 2008. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: March 19, 2008. Emily H. Menashes Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 08–1067 Filed 3–19–08; 3:16 pm] BILLING CODE 3510–22–S E:\FR\FM\25MRR1.SGM 25MRR1

Agencies

[Federal Register Volume 73, Number 58 (Tuesday, March 25, 2008)]
[Rules and Regulations]
[Pages 15676-15677]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-1068]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02]
RIN 0648-XG54


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; trip limit reduction.

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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 22, 2008, 
through June 30, 2008, 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 hook-and-
line gear quota has been harvested until a closure of the subzone's 
hook-and-line 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 hook-and-line gear 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 hook-and-line fishery for king 
mackerel in or from the EEZ in the southern Florida west coast subzone 
effective 12:01 a.m., local time, March 22, 2008. 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, 2008), 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, FL boundary) along the west coast of 
Florida to 87[deg]31'06' W. long. (a line directly south from the 
Alabama/Florida boundary). The Florida west coast subzone is further 
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. Beginning April 1, the 
southern subzone is reduced to the area off Collier County, Florida, 
between 25[deg]48' N. lat. and 26[deg]19.8' N. lat.

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 because the capacity of the fishing fleet

[[Page 15677]]

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: March 19, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 08-1068 Filed 3-19-08; 3:16 pm]
BILLING CODE 3510-22-S