[Federal Register Volume 70, Number 140 (Friday, July 22, 2005)]
[Rules and Regulations]
[Page 42279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14522]



[[Page 42279]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 050209033-5033-01; I.D. 071505C]


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 trip limit for the commercial shallow-water 
grouper fishery in the exclusive economic zone of the Gulf of Mexico to 
5,500 lb (2,500 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, August 4, 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) 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 5,500 lb (2,500 kg) if on or before October 1 more than 75 
percent of either the shallow-water grouper quota or red grouper quota 
is reached or is projected to be reached. The commercial deep-water 
grouper fishery was closed on June 23, 2005. Therefore, this action 
only pertains to the commercial shallow-water grouper fishery. Based on 
current statistics, NMFS has determined more than 75 percent of the 
5.31 million-lb (2.41 million-kg) commercial quota for red grouper will 
be reached on August 3, 2005. Accordingly, NMFS is reducing the trip 
limit for shallow-water grouper (black grouper, gag, red grouper, 
yellowfin grouper, scamp, yellowmouth grouper, rock hind, and red hind) 
to 5,500 lb (2,500 kg) per trip in the Gulf of Mexico exclusive 
economic zone effective 12:01 a.m., local time, on August 4, 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: July 19, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-14522 Filed 7-19-05; 2:24 pm]
BILLING CODE 3510-22-S