[Federal Register: March 28, 2008 (Volume 73, Number 61)]
[Rules and Regulations]
[Page 16571]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28mr08-12]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 060525140-6221-02]
RIN 0648-XG34
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper/Grouper Resources of the 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 commercial trip limit for golden tilefish in
the South Atlantic to 300 lb (136 kg) per trip in or from the exclusive
economic zone (EEZ). This trip limit reduction is necessary to protect
the South Atlantic golden tilefish resource.
DATES: This rule is effective 12:01 a.m., local time, April 6, 2008,
through December 31, 2008, unless changed by further notification in
the Federal Register.
FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone 727-824-5305,
fax 727-824-5308, e-mail susan.gerhart@noaa.gov.
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic is managed under the Fishery Management Plan for the Snapper-
Grouper Resources of the South Atlantic (FMP). The FMP was prepared by
the South Atlantic Fishery Management Council 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.
Under 50 CFR 622.44(c)(2), NMFS is required to reduce the trip
limit in the commercial fishery for golden tilefish from 4,000 lb
(1,814 kg) to 300 lb (136 kg) per trip when 75 percent of the fishing
year quota is met, by filing a notification to that effect in the
Federal Register. Based on current statistics, NMFS has determined that
75 percent of the available commercial quota of 295,000 lb (133,810
kg), gutted weight, for golden tilefish will be reached on or before
April 6, 2008. Accordingly, NMFS is reducing the commercial golden
tilefish trip limit to 300 lb (136 kg) in the South Atlantic EEZ from
12:01 a.m., local time, on April 6, 2008, until the quota is reached
and the fishery closes or 12:01 a.m., local time, on January 1, 2009,
whichever occurs first.
Classification
This action responds to the best available information recently
obtained from the fishery. The Assistant Administrator for Fisheries,
NOAA, finds 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)(B), as such procedures would be unnecessary
and contrary to the public interest, 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.
NMFS also finds good cause that the implementation of this action
cannot be delayed for 30 days. There is a need to implement this
measure immediately to prevent an overrun of the commercial fishery for
golden tilefish in the South Atlantic, given the capacity of the
fishing fleet to harvest the quota quickly. Any delay in implementing
this action would be contrary to the Magnuson-Stevens Act and the FMP.
Accordingly, under 5 U.S.C. 553(d), a delay in the effective date is
waived.
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 24, 2008.
Alan D. Risenhoover
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. E8-6434 Filed 3-27-08; 8:45 am]
BILLING CODE 3510-22-S