[Federal Register Volume 71, Number 228 (Tuesday, November 28, 2006)]
[Rules and Regulations]
[Page 68752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9439]



[[Page 68752]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02; I.D. 112006D]


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 trip limit in the commercial hook-and-line 
fishery 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, November 27, 
2006, through June 30, 2007, unless changed by further notification in 
the Federal Register.

FOR FURTHER INFORMATION CONTACT:  Steve Branstetter, telephone 727-824-
5305, fax 727-824-5308, e-mail <a href="/cdn-cgi/l/email-protection#067572637063286474676875726372726374466869676728616970"><span class="__cf_email__" data-cfemail="1162657467743f7363707f62657465657463517f7e70703f767e67">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic 
fish (king mackerel, Spanish mackerel, cero, cobia, little tunny, and, 
in the Gulf of Mexico 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 
eastern zone into northern and southern subzones, and established their 
separate quotas. The quota for the northern Florida west coast subzone 
is 168,750 lb (76,544 kg)(50 CFR 622.42(c)(1)(i)(A)(2)(ii)).
    In accordance with 50 CFR 622.44(a)(2)(ii)(B), from the date that 
75 percent of the northern Florida west coast subzone's quota has been 
harvested until a closure of the subzone's fishery 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 
in the commercial fishery for king mackerel in or from the EEZ in the 
northern Florida west coast subzone effective 12:01 a.m., local time, 
November 27, 2006. The 500-lb (227-kg) trip limit will remain in effect 
until the fishery closes or until the end of the current fishing year 
(June 30, 2007), whichever occurs first.
    The Florida west coast subzone is that part of the eastern zone 
south and west of 25[deg] 20.4' N. lat. (a line directly east from the 
Miami-Dade County, FL, boundary). The Florida west coast subzone is 
further divided into northern and southern subzones. The northern 
subzone is that part of the Florida west coast subzone that is between 
26[deg] 19.8' N. lat. (a line directly west from the Lee/Collier 
County, FL, boundary) and 87[deg] 31'06'' W. long.(a line directly 
south from the Alabama/Florida boundary).

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)(3)(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 already has 
been subject to notice and comment, and all that remains is to notify 
the public of the closure, if warranted. Allowing prior notice and 
opportunity for public comment is contrary to the public interest 
because of the need to immediately implement this action in order to 
protect the fishery since the capacity of the fishing fleet allows for 
rapid harvest of the quota. Prior notice and opportunity for public 
comment will 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: November 21, 2006.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 06-9439 Filed 11-22-06; 2:52 pm]
BILLING CODE 3510-22-S


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