[Federal Register Volume 72, Number 24 (Tuesday, February 6, 2007)]
[Rules and Regulations]
[Pages 5345-5346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-504]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02; I.D. 013107B]


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:  Temporary rule; inseason 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, February 5, 2007, through 
February 28, 2007, unless changed by further notification in the 
Federal Register.

FOR FURTHER INFORMATION CONTACT: Steve Branstetter, telephone: 727-824-
5305, fax: 727-570-5308, 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 (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. Atlantic migratory 
group Spanish mackerel are divided into a northern and southern zone 
for management purposes. 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, 
Florida, boundary.
    For the southern zone, seasonally variable trip limits are based 
off an adjusted quota of 3.62 million lb (1.64 million kg). The 
adjusted quota is calculated to allow continued harvest in the southern 
zone at a set rate for the remainder of the fishing year in accordance 
with 50 CFR 622.44(b)(2). Beginning December 1, trip limits are 
unlimited on weekdays and 1,500 lb (680 kg) per day on weekends. When 
75 percent of the adjusted quota of Atlantic group Spanish mackerel is 
taken until 100 percent of the adjusted quota is taken, Spanish 
mackerel in or from the EEZ in the southern zone may not be

[[Page 5346]]

possessed on board or landed from a permitted vessel in amounts 
exceeding 1,500 lb (680 kg) per day.
    NMFS has determined that 75 percent of the adjusted quota for 
Atlantic group Spanish mackerel 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, 
February 5, 2007, through February 28, 2007, 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: January 31, 2007.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 07-504 Filed 2-1-07; 2:37 pm]
BILLING CODE 3510-22-S