[Federal Register Volume 72, Number 93 (Tuesday, May 15, 2007)]
[Rules and Regulations]
[Page 27251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2392]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 060525140-6221-02]
RIN 0648-XA21


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper/Grouper Resources of the South Atlantic; Trip Limit Reduction

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

ACTION: Temporary rule; inseason adjustment.

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SUMMARY: NMFS reduces the commercial trip limit for golden tilefish in 
the South Atlantic to 300 lb (136 kg) per trip in or from the exclusive 
economic zone (EEZ). This trip limit reduction is necessary to protect 
the South Atlantic golden tilefish resource.

DATES: This rule is effective 12:01 a.m., local time, May 17, 2007, 
through January 1, 2008, unless changed by further notification in the 
Federal Register.

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

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic is managed under the Fishery Management Plan for the Snapper-
Grouper Resources of the South Atlantic (FMP). The FMP was prepared by 
the South Atlantic Fishery Management Council and is implemented under 
the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 
622.
    Under 50 CFR 622.44(c)(2), NMFS is required to reduce the trip 
limit in the commercial fishery for golden tilefish when 75 percent of 
the fishing year quota is met to 300 lb (136 kg) per trip, by filing a 
notification to that effect in the Federal Register. Based on current 
statistics, NMFS has determined that 75 percent of the available 
commercial quota of 295,000 lb (133,810 kg), gutted weight, for golden 
tilefish will be reached on or before May 17, 2007. Accordingly, NMFS 
is reducing the commercial golden tilefish trip limit to 300 lb (136 
kg) in the South Atlantic EEZ from 12:01 a.m., local time, on May 17, 
2007, until the fishery closes or 12:01 a.m., local time, on January 1, 
2008, whichever occurs first.

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 closure. 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 over harvest 
of the quota. Prior notice and opportunity for public comment would 
require additional time and would likely 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: May 10, 2007.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 07-2392 Filed 5-10-07; 4:08 pm]
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