[Federal Register Volume 75, Number 206 (Tuesday, October 26, 2010)]
[Rules and Regulations]
[Pages 65579-65580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27081]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02]
RIN 0648-XZ99


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; trip limit reduction.

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SUMMARY: NMFS reduces the commercial trip limit for king mackerel in 
the northern Florida west coast subzone to 500 lb (227 kg) of king 
mackerel per day in or from the exclusive economic zone (EEZ). This 
trip limit reduction is necessary to protect the Gulf king mackerel 
resource.

DATES: This rule is effective 12:01 a.m., local time, October 26, 2010, 
until 12:01 a.m., local time, July 1, 2011, unless changed by further 
notice in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727-824-
5305, or e-mail: [email protected].

[[Page 65580]]


SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic 
fish (king mackerel, Spanish mackerel, cero, cobia, little tunny, and, 
in the Gulf of Mexico (Gulf) only, dolphin and 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 (Magnuson-
Stevens Act) by regulations at 50 CFR part 622.
    On April 27, 2000, NMFS implemented the final rule (65 FR 16336, 
March 28, 2000) that divided the Florida west coast subzone of the Gulf 
of Mexico eastern zone into northern and southern subzones, and 
established their separate commercial quotas. The northern Florida west 
coast subzone is located in Federal waters of the Gulf north of 
26[deg]19.8[min] N lat. (a line directly west from the Lee/Collier 
County, FL boundary) and east of 87[deg]31.1[min] W long. (a line 
directly south from the Alabama/Florida boundary). The quota for the 
northern subzone is 168,750 lb (76,544 kg) (50 CFR 622.42(c)(1)(ii)).
    In accordance with 50 CFR 622.44(a)(2)(ii)(B)(2), from the date 
that 75 percent of the northern Florida west coast subzone's quota has 
been harvested until a closure of the subzone has been effected or the 
fishing year ends, king mackerel in or from the EEZ may be possessed on 
board or landed from a permitted vessel in amounts not exceeding 500 lb 
(227 kg) per day.
    NMFS has determined that 75 percent of the quota for Gulf group 
king mackerel from the northern Florida west coast subzone has been 
reached. Accordingly, a 500-lb (227-kg) trip limit applies to vessels 
harvesting commercial quantities of king mackerel in or from the EEZ in 
the northern Florida west coast subzone effective 12:01 a.m., local 
time, October 26, 2010. The 500-lb (227-kg) trip limit will remain in 
effect until the northern Florida west coast subzone closes or until 
the end of the current fishing year (June 30, 2011), 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 the need to immediately implement this commercial 
trip limit reduction constitutes good cause to waive the requirements 
to provide prior notice and opportunity for public comment pursuant to 
the authority set forth in 5 U.S.C. 553(b)(B), as such procedures would 
be 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 to protect the fishery resource because the 
capacity of the commercial fleet allows for rapid harvest of the quota. 
Prior notice and opportunity for public comment would require time and 
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 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: October 21, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-27081 Filed 10-21-10; 4:15 pm]
BILLING CODE 3510-22-P