[Federal Register: March 25, 2008 (Volume 73, Number 58)]
[Rules and Regulations]
[Page 15676-15677]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25mr08-10]
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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