[Federal Register Volume 70, Number 108 (Tuesday, June 7, 2005)]
[Rules and Regulations]
[Page 33033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11290]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 050209033-5033-01; I.D. 053105G]
RIN 0648-AS97


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Trip Limit Reduction for Gulf 
of Mexico Grouper Fishery

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; inseason action.

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SUMMARY: NMFS reduces the combined trip limit for the commercial 
shallow-water and deep-water grouper fisheries in the exclusive 
economic zone of the Gulf of Mexico to 7,500 lb (3,402 kg) per trip. 
The intended effect of trip limit reduction is to moderate the rate of 
harvest of the available quotas and, thereby, reduce the adverse social 
and economic effects of derby fishing, enable more effective quota 
monitoring, and reduce the probability of overfishing.

DATES: Effective 12:01 a.m., local time, June 9, 2005, through December 
31, 2005, unless changed by further notification in the Federal 
Register.

FOR FURTHER INFORMATION CONTACT: Phil Steele, telephone: 727-824-5305, 
fax: 727-824-5308, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The fishery for reef fish is managed under 
the Fishery Management Plan for the Reef Fish Resources of the Gulf of 
Mexico (FMP) that was prepared by the Gulf of Mexico Fishery Management 
Council. This FMP was approved by NMFS and implemented under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act by regulations at 50 CFR part 622. Regulations at 50 CFR 
622.44(g)(1)(ii) require NMFS to reduce the commercial trip limit for 
Gulf deep-water and shallow-water grouper, combined, to 7,500 lb (3,402 
kg) if on or before August 1 more than 50 percent of either the 
shallow-water grouper quota or red grouper quota is reached or is 
projected to be reached. Based on current statistics, NMFS has 
determined more than 50 percent of the 5.31 million-lb (2.41 million-
kg) commercial quota for red grouper will be reached on June 8, 2005. 
Accordingly, NMFS is reducing the combined trip limit for deep-water 
grouper (misty grouper, snowy grouper, yellowedge grouper, warsaw 
grouper, and speckled hind) and shallow-water grouper (black grouper, 
gag, red grouper, yellowfin grouper, scamp, yellowmouth grouper, rock 
hind, and red hind) to 7,500 lb (3,402 kg) per trip in the Gulf of 
Mexico exclusive economic zone effective 12:01 a.m., local time, on 
June 9, 2005, through December 31, 2005, 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)(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 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 
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 622.44(g)(1)(ii) and is exempt 
from review under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: June 1, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-11290 Filed 6-2-05; 2:30 pm]
BILLING CODE 3510-22-S