Federal Register / Vol. 75, No. 45 / Tuesday, March 9, 2010 / Rules and Regulations 10693 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2010–4603 Filed 3–8–10; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 060525140–6221–02] 

RIN 0648–XU16 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper 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. 

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, March 18, 2010, through 

December 31, 2010, 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 

Catherine.Bruger@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic is managed under the Fishery 

Management Plan for the SnapperGrouper 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 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 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 March 18, 2010. 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 March 18, 

2010, until the quota is reached and the 

fishery closes or through December 31, 

2010, 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 immediately implement 

this action 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 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: March 3, 2010. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–4985 Filed 3–4–10; 4:15 pm] 

BILLING CODE 3510–22–S 


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