[Federal Register Volume 69, Number 42 (Wednesday, March 3, 2004)]
[Rules and Regulations]
[Pages 9969-9970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4678]


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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: [email protected].

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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