[Federal Register Volume 75, Number 45 (Tuesday, March 9, 2010)]
[Rules and Regulations]
[Page 10693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4985]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 060525140-6221-02]
RIN 0648-XU16
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, March 18, 2010,
through December 31, 2010, unless changed by further notification in
the Federal Register.
FOR FURTHER INFORMATION CONTACT: Catherine Bruger, telephone 727-824-
5305, fax 727-824-5308, e-mail [email protected].
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 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
March 18, 2010. 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 March 18, 2010, until the quota is reached
and the fishery closes or through December 31, 2010, 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 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 to protect the
fishery because the capacity of the fishing fleet allows for rapid
harvest of the quota. Prior notice and opportunity for public comment
would 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 3, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-4985 Filed 3-4-10; 4:15 pm]
BILLING CODE 3510-22-S