[Federal Register Volume 76, Number 35 (Tuesday, February 22, 2011)]
[Rules and Regulations]
[Pages 9692-9693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3880]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02]
RIN 0648-XA220


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 of Atlantic migratory 
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 22, 2011, until 12:01 
a.m., local time, March 1, 2011, unless changed by further notification 
in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727-824-
5305, or e-mail: <a href="/cdn-cgi/l/email-protection#3e4d4b4d5f5010595b4c565f4c4a7e50515f5f10595148"><span class="__cf_email__" data-cfemail="6d1e181e0c03430a081f050c1f192d03020c0c430a021b">[email protected]</span></a>.

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 on 
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, February 28, 2011, in 
accordance with 50 CFR 622.44(b)(2). Beginning December 1, the trip 
limit is unlimited on weekdays and limited to 1,500 lb (680 kg) of 
Spanish mackerel per day on weekends. When 75 percent of the adjusted 
quota of Atlantic migratory 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 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 22, 2011, until 12:01 a.m., local time, March 1, 2011, unless 
changed by further notification in the Federal Register.

Classification

    This action responds to the best available information recently 
obtained regarding the status of 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.

[[Page 9693]]

    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: February 16, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-3880 Filed 2-16-11; 4:15 pm]
BILLING CODE 3510-22-P


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