[Federal Register: January 31, 2006 (Volume 71, Number 20)]
[Rules and Regulations]
[Page 5013-5014]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31ja06-11]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 001005281-0369-02; I.D. 012406A]
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South
Atlantic; Trip Limit Increase
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason trip limit increase.
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SUMMARY: NMFS increases the trip limit in the commercial hook-and-line
fishery for king mackerel in the Florida east coast subzone to 75 fish
per day in or from the exclusive economic zone (EEZ). This trip limit
increase is necessary to maximize the socioeconomic benefits of the
quota.
DATES: This rule is effective 12:01 a.m., local time, February 1, 2006,
through March 31, 2006, 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.
Based on the Councils' recommended total allowable catch and the
allocation ratios in the FMP, on April 30, 2001 (66 FR 17368, March 30,
2001) NMFS implemented a commercial quota of 2.25 million lb (1.02
million kg) for the eastern zone (Florida) of the Gulf migratory group
of king mackerel. That quota is further divided into separate quotas
for the Florida east coast subzone and the northern and southern
Florida west coast subzones. The quota implemented for the Florida east
coast subzone is 1,040,625 lb (472,020 kg) (50 CFR
622.42(c)(1)(i)(A)(1)).
In accordance with 50 CFR 622.44(a)(2)(i), beginning on February 1,
if less than 75 percent of the Florida east coast subzone quota has
been harvested by that date, king mackerel in or from that subzone may
be possessed on board or landed from a permitted vessel in amounts not
exceeding 75 fish per day. The 75-fish daily trip limit will continue
until a closure of the subzone's fishery has been effected or the
fishing year ends on March 31, 2006.
NMFS has determined that 75 percent of the quota for Gulf group
king mackerel for vessels using hook-and-line gear in the Florida east
coast subzone will not be reached before February 1, 2006. Accordingly,
a 75-fish trip limit applies to vessels in the commercial hook-and-line
fishery for king mackerel in or from the EEZ in the Florida east coast
subzone effective 12:01 a.m., local time, February 1, 2006. The 75-fish
trip limit will remain in effect until the fishery closes or until the
end of the current fishing season (March
[[Page 5014]]
31, 2006) for this subzone. From November 1 through March 31, the
Florida east coast subzone of the Gulf group king mackerel is that part
of the eastern zone north of 25[deg]20.4' N. lat. (a line directly east
from the Miami-Dade County, FL, boundary).
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 in 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 are 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 increase. Allowing prior notice and
opportunity for public comment for this trip limit increase is contrary
to the public interest because it requires time, thus delaying
fishermen's ability to catch more king mackerel than the present trip
limit allows and preventing fishermen from reaping the socioeconomic
benefits derived from this increase in daily catch.
As this action allows fishermen to increase their harvest of king
mackerel from 50 fish to 75 fish per day in or from the EEZ of the
Florida east coast subzone, the AA finds it relieves a restriction and
may go into effect on its effective date pursuant to 5 U.S.C.
553(d)(1). 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: January 25, 2006.
Margo Schulze-Haugen
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 06-886 Filed 1-26-06; 1:25 pm]
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