[Federal Register Volume 75, Number 206 (Tuesday, October 26, 2010)]
[Rules and Regulations]
[Pages 65579-65580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27081]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 001005281-0369-02]
RIN 0648-XZ99
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 commercial trip limit for king mackerel in
the northern 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, October 26, 2010,
until 12:01 a.m., local time, July 1, 2011, unless changed by further
notice in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727-824-
5305, or e-mail: [email protected].
[[Page 65580]]
SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic
fish (king mackerel, Spanish mackerel, cero, cobia, little tunny, and,
in the Gulf of Mexico (Gulf) 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 Gulf
of Mexico eastern zone into northern and southern subzones, and
established their separate commercial quotas. The northern Florida west
coast subzone is located in Federal waters of the Gulf north of
26[deg]19.8[min] N lat. (a line directly west from the Lee/Collier
County, FL boundary) and east of 87[deg]31.1[min] W long. (a line
directly south from the Alabama/Florida boundary). The quota for the
northern subzone is 168,750 lb (76,544 kg) (50 CFR 622.42(c)(1)(ii)).
In accordance with 50 CFR 622.44(a)(2)(ii)(B)(2), from the date
that 75 percent of the northern Florida west coast subzone's quota has
been harvested until a closure of the subzone 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 quota for Gulf group
king mackerel from the northern Florida west coast subzone has been
reached. Accordingly, a 500-lb (227-kg) trip limit applies to vessels
harvesting commercial quantities of king mackerel in or from the EEZ in
the northern Florida west coast subzone effective 12:01 a.m., local
time, October 26, 2010. The 500-lb (227-kg) trip limit will remain in
effect until the northern Florida west coast subzone closes or until
the end of the current fishing year (June 30, 2011), whichever occurs
first.
Classification
This action responds to the best available information recently
obtained from the fishery. The Assistant Administrator for Fisheries,
NOAA, (AA), finds the need to immediately implement this commercial
trip limit reduction 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)(B), as such procedures would
be 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 to protect the fishery resource because the
capacity of the commercial fleet allows for rapid harvest of the quota.
Prior notice and opportunity for public comment would require time and
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 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: October 21, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-27081 Filed 10-21-10; 4:15 pm]
BILLING CODE 3510-22-P