[Federal Register Volume 73, Number 67 (Monday, April 7, 2008)]
[Rules and Regulations]
[Page 18717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-1106]



[[Page 18717]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 060525140-6221-02]
RIN 0648-XG34


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

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

ACTION: Temporary rule; withdrawal of trip limit reduction.

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SUMMARY: NMFS withdraws the reduction of 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) that was published in the 
Federal Register on March 28, 2008. Based on updated information, NMFS 
has determined that the threshold level for implementation of the trip 
limit will not have been reached by April 6 as originally projected.

DATES: The rule published on March 28, 2008 (73 FR 16571) is withdrawn 
as of April 2, 2008.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, 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 from 4,000 lb 
(1,814 kg) to 300 lb (136 kg) per trip when 75 percent of the fishing 
year quota is met, by filing a notification to that effect in the 
Federal Register. Based on reports through February, NMFS determined 
that 75 percent of the available commercial quota of 295,000 lb 
(133,810 kg), gutted weight, for golden tilefish would be reached on or 
before April 6, 2008. Accordingly, NMFS published a trip limit 
reduction (73 FR 16571, March 28, 2008) 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 April 6, 2008 through December 31, 2008, 
unless changed by further notification in the Federal Register. 
However, a new report including March landings indicated that 75 
percent of the quota would not be reached by that date due to 
unexpected decreases in fishing effort and reporting errors. Therefore, 
NMFS is withdrawing the trip limit reduction, will continuing 
monitoring the fishery, and will publish a new trip limit reduction in 
the Federal Register when 75 percent of the applicable quota is 
projected to be reached.

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 contrary to the public interest. Allowing prior 
notice and opportunity for public comment is contrary to the public 
interest because of the need to immediately implement this action to 
avoid an unnecessary regulatory restriction and the associated adverse 
social and economic impacts. Prior notice and opportunity for public 
comment would require time and would potentially result in economic 
loss to participants in the fishery. For these same 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: April 2, 2008.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 08-1106 Filed 4-2-08; 2:03 pm]
BILLING CODE 3510-22-S