[Federal Register: March 3, 2004 (Volume 69, Number 42)]
[Rules and Regulations]
[Page 9969-9970]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03mr04-19]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 001005281-0369-02; I.D. 022604B]
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: Inseason action; trip limit reduction.
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SUMMARY: NMFS reduces the commercial trip limit of Atlantic group
Spanish mackerel in or from the exclusive economic zone (EEZ) in the
southern zone to 1,500 lb (680 kg) per day. This trip limit reduction
is necessary to maximize the socioeconomic benefits of the quota.
DATES: Effective 6 a.m., local time, March 1, 2004, through March 31,
2004, unless changed by further notification in the Federal Register.
[[Page 9970]]
FOR FURTHER INFORMATION CONTACT: Mark Godcharles, telephone: 727-570-
5305, fax: 727-570-5583, e-mail: Mark.Godcharles@noaa.gov.
SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic
fish (king mackerel, Spanish mackerel, cero, cobia, little tunny,
dolphin, and, in the Gulf of Mexico only, 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 by regulations at 50
CFR part 622.
Based on the Councils' recommended total allowable catch and the
allocation ratios in the FMP, on August 2, 2000, (65 FR 41015, July 3,
2000) NMFS implemented a commercial quota of 3.87 million lb (1.76
million kg) for the Atlantic migratory group of Spanish mackerel. For
the southern zone, NMFS specified an adjusted quota of 3.62 million lb
(1.64 million kg) calculated to allow continued harvest at a set rate
for the remainder of the fishing year in accordance with 50 CFR
622.44(b)(2). In accordance with 50 CFR 622.44(b)(1)(ii)(C), after 75
percent of the adjusted quota of Atlantic group Spanish mackerel from
the southern zone is taken until 100 percent of the adjusted quota is
taken, Spanish mackerel in or from the EEZ in the southern zone may be
possessed on board or landed from a permitted vessel in amounts not
exceeding 1,500 lb (680 kg) per day. The southern zone for Atlantic
migratory group Spanish mackerel extends from 30[deg]42'45.6'' N. lat.,
which is a line directly east from the Georgia/Florida boundary, to
25[deg]20.4' N. lat., which is a line directly east from the Miami-
Dade/Monroe County, FL, boundary.
NMFS has determined that 75 percent of the adjusted quota for
Atlantic group Spanish mackerel from the southern zone has been taken.
Accordingly, the 1,500 lb (680 kg) per day commercial trip limit
applies to Spanish mackerel in or from the EEZ in the southern zone
effective 6 a.m., local time, March 1, 2004, through March 31, 2004,
unless changed by further notification in the Federal Register.
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)(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 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 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 26, 2004.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 04-4678 Filed 2-27-04; 11:39 am]
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