Federal Register / Vol. 72, No. 18 / Monday, January 29, 2007 / Rules and Regulations 3955 

grievance committee established by the 

governing body as required by § 1621.2 

of this Part. The procedures shall also: 

provide that the opportunity to submit 

an oral statement may be accomplished 

in person, by teleconference, or through 

some other reasonable alternative; 

permit a complainant to be 

accompanied by another person who 

may speak on that complainant’s behalf; 

and provide that, upon request of the 

complainant, the recipient shall 

transcribe a brief written statement, 

dictated by the complainant for 

inclusion in the recipient’s complaint 

file. 

(c) Complaints received from clients 

about the manner or quality of legal 

assistance that has been rendered by a 

private attorney pursuant to the 

recipient’s private attorney involvement 

program under 45 CFR Part 1614 shall 

be processed in a manner consistent 

with its responsibilities under 45 CFR 

§ 1614.3(d)(3) and with applicable state 

or local rules of professional 

responsibility. 

(d) A file containing every complaint 

and a statement of its disposition shall 

be preserved for examination by LSC. 

The file shall include any written 

statement submitted by the complainant 

or transcribed by the recipient from a 

complainant’s oral statement. 

Victor M. Fortuno, 

Vice President and General Counsel. 

[FR Doc. E7–1290 Filed 1–26–07; 8:45 am] 

BILLING CODE 7050–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 001005281–0369–02; I.D. 

010507C] 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources of the 

Gulf of Mexico and South Atlantic; 

Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the commercial 

run-around gillnet fishery for king 

mackerel in the exclusive economic 

zone (EEZ) in the southern Florida west 

coast subzone. This closure is necessary 

to protect the Gulf king mackerel 

resource. 

DATES: The closure is effective 6 a.m., 

local time, January 25, 2007, through 6 

a.m., January 22, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Steve Branstetter, telephone: 727–824–

5305, fax: 727–824–5308, e-mail: 

Steve.Branstetter@noaa.gov. 

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. 

Based on the Councils’ recommended 

total allowable catch and the allocation 

ratios in the FMP, on April 30, 2001 (66 

FR 17368, March 30, 2001), NMFS 

implemented a commercial quota of 

2.25 million lb (1.02 million kg) for the 

eastern zone (Florida) of the Gulf 

migratory group of king mackerel. That 

quota is further divided into separate 

quotas for the Florida east coast subzone 

and the northern and southern Florida 

west coast subzones. 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 implemented for the 

southern Florida west coast subzone is 

1,040,625 lb (472,020 kg). That quota is 

further divided into two equal quotas of 

520,312 lb (236,010 kg) for vessels in 

each of two groups fishing with runaround gillnets and hook-and-line gear 

(50 CFR 622.42(c)(1)(i)(A)(2)(i)). 

Under 50 CFR 622.43(a)(3), NMFS is 

required to close any segment of the 

king mackerel commercial fishery when 

its quota has been reached, or is 

projected to be reached, by filing a 

notification at the Office of the Federal 

Register. NMFS has determined that the 

commercial quota of 520,312 lb (236,010 

kg) for Gulf group king mackerel for 

vessels using run-around gillnet gear in 

the southern Florida west coast subzone 

was reached on January 24, 2007. 

Accordingly, the commercial fishery for 

king mackerel for such vessels in the 

southern Florida west coast subzone is 

closed at 6 a.m., local time, January 25, 

2007, through 6 a.m., January 22, 2008, 

the beginning of the next fishing season, 

i.e., the day after the 2008 Martin Luther 

King Jr. Federal holiday. 

The Florida west coast subzone is that 

part of the eastern zone south and west 

of 25°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 southern 

subzone is that part of the Florida west 

coast subzone which from November 1 

through March 31 extends south and 

west from 25°20.4′ N. lat. to 26°19.8′ N. 

lat.(a line directly west from the Lee/ 

Collier County, FL, boundary), i.e., the 

area off Collier and Monroe Counties. 

From April 1 through October 31, the 

southern subzone is that part of the 

Florida west coast subzone which is 

between 26°19.8′ N. lat. and 25°48′ N. 

lat.(a line directly west from the 

Monroe/Collier County, FL, boundary), 

i.e., the area off Collier County. 

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 

already has been subject to notice and 

comment, and all that remains is to 

notify the public of the closure. 

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 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: January 24, 2007. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–351 Filed 1–24–07; 1:59 pm] 

BILLING CODE 3510–22–S 


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