[Federal Register Volume 74, Number 70 (Tuesday, April 14, 2009)]
[Rules and Regulations]
[Page 17102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8530]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 060525140-6221-02]
RIN 0648-XO46


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; trip limit reduction.

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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, April 21, 2009, 
through December 31, 2009, unless changed by further notification in 
the Federal Register.

FOR FURTHER INFORMATION CONTACT: Catherine Bruger, 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 Fishery of the South Atlantic Region (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)(ii), 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 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 
April 10, 2009. To provide the commercial fishery participants adequate 
advance notice of the trip limit reduction, 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, April 21, 2009, until the 
quota is reached and the fishery closes or through December 31, 2009, 
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)(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 has already 
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 implement this action in a timely manner to 
protect the fishery because 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 
provide less than the 30-day delay in the effectiveness of this action 
under 5 U.S.C. 553(d)(3). However, to provide reasonable notice of the 
trip limit reduction to the commercial fishery participants and allow 
them to adjust fishing practices accordingly, NMFS is providing a 7-day 
delay in the effectiveness of this trip limit reduction.
    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 8, 2009.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E9-8530 Filed 4-13-09; 8:45 am]
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