[Federal Register Volume 70, Number 158 (Wednesday, August 17, 2005)]
[Rules and Regulations]
[Pages 48323-48324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16319]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 050209033-5033-01; I.D. 020405D]
RIN 0648-AS97


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Extension of Commercial Trip 
Limits for Gulf of Mexico Grouper Fishery

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

ACTION: Temporary rule; emergency action; extended.

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SUMMARY: An emergency rule of February 17, 2005, that established trip 
limits for the commercial shallow-water and deep-water grouper 
fisheries in the exclusive economic zone of the Gulf of Mexico is in 
effect from March 3, 2005, through August 16, 2005. NMFS extends that 
emergency rule for an additional 180 days through February 12, 2006. 
The intended effects of that emergency rule are to moderate the rate of 
harvest of the available quotas, reduce the adverse social and economic 
effects of derby fishing, enable more effective quota monitoring, and 
reduce the probability of overfishing.

DATES: Effective from August 17, 2005, through February 12, 2006.

ADDRESSES: Copies of documents supporting this rule may be obtained 
from the Southeast Regional Office, NMFS, 263 13\th\ Avenue South, St. 
Petersburg, FL 33701.

FOR FURTHER INFORMATION CONTACT: Phil Steele, 727-551-5784; 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 (Council). This FMP was approved by NMFS and implemented under 
the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 
622.
    In response to a request from the Council, NMFS published an 
emergency rule (70 FR 8037, February 17, 2005) under section 305(c)(1) 
of the Magnuson-Stevens Act, that established trip limits for the 
commercial shallow-water and deep-water grouper fisheries in the 
exclusive economic zone of the Gulf of Mexico. The trip limits were, 
and remain, necessary to slow the rate of harvest of the available 
commercial grouper quotas, extend the fishing season, reduce the 
effects of derby fishing, and reduce the probability of overfishing.
    The trips limits were originally proposed to the Council by 
representatives of the commercial reef fish fishery as follows: (1) On 
January 1, all vessels will be limited to a 10,000-lb (4,536-kg), 
gutted-weight (GW), trip limit for deep-water grouper and shallow-water 
grouper combined; (2) if on or before August 1 the fishery is estimated 
to have landed more than 50 percent of either the shallow-water grouper 
or the red grouper quota, then a 7,500-lb (3,402-kg) GW trip limit 
takes effect; and (3) if on or before October 1 the fishery is 
estimated to have landed more than 75 percent of either the shallow-
water grouper or the red grouper quota, then a 5,500-lb (2,495-kg) GW 
trip limit takes effect. Because implementation of the original 
emergency rule occurred after January 1, NMFS revised item (1) above to 
reflect the appropriate implementation date, March 3. This extension of 
the emergency rule will include at Sec.  622.44(h)(1)(i) the period 
beginning January 1; therefore, this emergency rule modifies item (1) 
to again reflect the January 1 date consistent with the intent of the 
original proposal. NMFS also adds one other minor clarification in this 
emergency rule to explain that, although the trip limits are for 
shallow-water grouper and deep-water grouper are combined, if either 
fishery has reached its quota and has been closed, no fish subject to 
the closure may be possessed under the applicable trip limit.
    Under section 305(c)(3)(B) of the Magnuson-Stevens Act, NMFS may 
extend the effectiveness of an emergency rule for one additional period 
of 180 days, provided the public has had an opportunity to comment on 
the emergency rule and the Council is actively preparing proposed 
regulations to address the issue on a permanent basis.
    NMFS solicited comments on the initial emergency rule through March 
21, 2005, and received one comment in

[[Page 48324]]

support of the emergency rule. NMFS concurs that the emergency was, and 
remains, necessary to reduce adverse effects of derby fishing, extend 
the fishing season, and reduce the probability of overfishing.
    The Council is preparing a regulatory amendment and associated 
proposed regulations which will address measures, including trip 
limits, to moderate the rate of harvest in the Gulf grouper commercial 
fishery. Those measures, if approved and implemented by NMFS, would 
replace this emergency rule. Action to address these issues via the 
proposed regulations associated with the regulatory amendment cannot be 
implemented before the current emergency rule expires on August 17, 
2005. Extension of the emergency rule is necessary to avoid a 
regulatory lapse and to ensure that the rate of harvest remains under 
proper control so the season can be extended as much as possible and 
the risk of overfishing is minimized.
    Additional details concerning the basis for these commercial trip 
limits are contained in the preamble to the initial emergency rule and 
are not repeated here.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), has 
determined that this extension of the emergency rule is necessary to 
minimize adverse social and economic impacts, (i.e., derby fishing, 
market gluts, lower ex-vessel prices, potential safety-at-sea issues, 
and a shortened fishing season). The AA has also determined that this 
rule is consistent with the Magnuson-Stevens Act and other applicable 
laws.
    This emergency rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This emergency rule is exempt from the procedures of the Regulatory 
Flexibility Act because the rule is issued without opportunity for 
prior notice and opportunity for public comment.
    The AA finds good cause to waive the requirement to provide prior 
notice and opportunity for public comment, pursuant to authority set 
forth at U.S.C. 553(b)(B), as such procedures would be impracticable 
and contrary to the public interest. This emergency rule merely extends 
the commercial trip limits established by the initial emergency rule 
which was subject to public comment. The only comment received 
supported the implementation of the emergency rule. This extension of 
the emergency rule is necessary to continue the moderation of the rate 
of harvest of the available quotas, thereby helping to keep the fishery 
open for more of the fishing year and reducing the effects of derby 
fishing and the associated adverse social and economic impacts. As 
previously indicated, preliminary January data indicated a 23-percent 
increase in landings over the comparable time frame in 2004. An early 
and disruptive closure is highly likely if the trip limits were to 
lapse. For these same reasons, under 5 U.S.C. 553(d)(3), the AA finds 
good cause that a 30-day delay in the effective date of this emergency 
rule would be contrary to the public interest.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping 
requirements, Virgin Islands.

    Dated: August 11, 2005.
James W. Balsiger,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.

0
For the reasons set out in the preamble, 50 CFR part 622 is amended as 
follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC

0
1. The authority citation for part 622 continues to read as follows:

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

0
2. In Sec.  622.44, paragraph (g) is added to read as follows:


Sec.  622.44  Commercial trip limits.

* * * * *
    (g) Gulf deep-water and shallow-water grouper, combined. (1) For 
vessels operating under the quotas in Sec.  622.42(a)(1)(ii) or Sec.  
622.42(a)(1)(iii), the following trip limits apply to Gulf deep-water 
and shallow-water grouper combined. However, when the quotas in Sec.  
622.42(a)(1)(ii) or Sec.  622.42(a)(1)(iii) are reached and the 
respective fishery is closed, the commercial trip limit for the species 
subject to the closure is zero. (See Sec.  622.42(a)(1)(ii) and Sec.  
622.42(a)(1)(iii) for the species included in the deep-water and 
shallow-water grouper categories, respectively.)
    (i) Beginning January 1--10,000 lb (4,536 kg), gutted weight.
    (ii) If on or before August 1 more than 50 percent of either the 
shallow-water grouper quota or red grouper quota specified in Sec.  
622.42(a)(1)(iii) is reached or is projected to be reached--7,500 lb 
(3,402 kg), gutted weight.
    (iii) If on or before October 1 more than 75 percent of either the 
shallow-water grouper quota or red grouper quota specified in Sec.  
622.42(a)(1)(iii) is reached or is projected to be reached--5,500 lb 
(2,495 kg), gutted weight.
    (2) The Assistant Administrator, by filing a notification of trip 
limit change with the Office of the Federal Register, will effect the 
trip limit changes specified in paragraphs (h)(1)(ii) and (iii) of this 
section when the applicable conditions have been met.
[FR Doc. 05-16319 Filed 8-12-05; 2:30 pm]
BILLING CODE 3510-22-S