Federal Register / Vol. 73, No. 67 / Monday, April 7, 2008 / Rules and Regulations 18717 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 060525140–6221–02] 

RIN 0648–XG34 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Snapper/ 

Grouper Resources of the South 

Atlantic; Withdrawal of Trip Limit 

Reduction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; withdrawal of 

trip limit reduction. 

SUMMARY: NMFS withdraws the 

reduction of 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) that was 

published in the Federal Register on 

March 28, 2008. Based on updated 

information, NMFS has determined that 

the threshold level for implementation 

of the trip limit will not have been 

reached by April 6 as originally 

projected. 

DATES: The rule published on March 28, 

2008 (73 FR 16571) is withdrawn as of 

April 2, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Susan Gerhart, telephone 727–824–

5305, fax 727–824–5308, e-mail 

susan.gerhart@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 (Magnuson-Stevens 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 reports through 

February, NMFS determined that 75 

percent of the available commercial 

quota of 295,000 lb (133,810 kg), gutted 

weight, for golden tilefish would be 

reached on or before April 6, 2008. 

Accordingly, NMFS published a trip 

limit reduction (73 FR 16571, March 28, 

2008) 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 April 6, 2008 through 

December 31, 2008, unless changed by 

further notification in the Federal 

Register. However, a new report 

including March landings indicated that 

75 percent of the quota would not be 

reached by that date due to unexpected 

decreases in fishing effort and reporting 

errors. Therefore, NMFS is withdrawing 

the trip limit reduction, will continuing 

monitoring the fishery, and will publish 

a new trip limit reduction in the Federal 

Register when 75 percent of the 

applicable quota is projected to be 

reached. 

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 

contrary to the public interest. Allowing 

prior notice and opportunity for public 

comment is contrary to the public 

interest because of the need to 

immediately implement this action to 

avoid an unnecessary regulatory 

restriction and the associated adverse 

social and economic impacts. Prior 

notice and opportunity for public 

comment would require time and would 

potentially result in economic loss to 

participants in the fishery. For these 

same 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: April 2, 2008. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 08–1106 Filed 4–2–08; 2:03 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 071211828–8448–02] 

RIN 0648–XG90 

Fisheries in the Western Pacific; 

Bottomfish and Seamount Groundfish 

Fisheries; Fishery Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is closing the 

commercial and non-commercial 

fisheries in the Main Hawaiian Islands 

fishery for seven deepwater bottomfish 

species (‘‘Deep 7’’ bottomfish) as a result 

of reaching the total allowable catch 

(TAC) for the 2007–08 fishing year. 

DATES: Effective April 16, 2008 through 

August 31, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Karla Gore, NMFS Pacific Islands 

Region, 808–944–2273. 

SUPPLEMENTARY INFORMATION: 

Bottomfish fishing in Hawaii is 

managed under the Fishery 

Management Plan for the Bottomfish 

and Seamount Groundfish Fisheries of 

the Western Pacific Region (Bottomfish 

FMP), developed by the Western Pacific 

Fishery Management Council (Council) 

and implemented by NMFS under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the 

Bottomfish FMP appear at 50 CFR part 

665 and at subpart H of 50 CFR part 600. 

The regulations at § 665.72 authorize 

NMFS and the Council to set a TAC 

limit for Deep 7 bottomfish for the 

fishing year, based on the best available 

scientific, commercial, and other 

information, and taking into account the 

associated risk of overfishing. The Deep 

7 bottomfish are onaga (Etelis 

coruscans), ehu (E. carbunculus), gindai 

(Pristipomoides zonatus), kalekale (P. 

sieboldii), opakapaka (P. filamentosus), 

lehi (Aphareus rutilans), and 

hapu’upu’u (Epinephelus quernus). 

When the TAC limit for the year is 

projected to be reached, the Regional 

Administrator is required to publish 

notification that the fishery will be 

closed beginning on a specified date 

(not earlier than 14 days after the date 

of filing the closure notice for public 

inspection at the Office of the Federal 

Register) until the end of the fishing 


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18718 Federal Register / Vol. 73, No. 67 / Monday, April 7, 2008 / Rules and Regulations 

year in which the TAC is reached. 

During the closure, no person may fish 

for, possess, or sell any Deep 7 

bottomfish in the Main Hawaiian 

Islands, except as otherwise authorized 

by law. Specifically, fishing for, and the 

resultant possession or sale of, Deep 7 

bottomfish by vessels legally registered 

to Mau Zone, Ho omalu Zone, or Pacific 

Remote Island Areas bottomfish fishing 

permits, and conducted in compliance 

with all other laws and regulations, are 

not affected by this closure. There is no 

prohibition on fishing for or selling 

other non-Deep 7 bottomfish species 

throughout the year. 

The TAC for the 2007–08 fishing year 

was established by the Council at 

178,000 lb (80,740 kg) of Deep 7 

bottomfish. Progress toward the 2007–

08 TAC is monitored using information 

reported by holders of State of Hawaii 

commercial marine licenses (State CML) 

through monthly catch reports 

submitted to the State. Based on this 

information, the NMFS Pacific Islands 

Fisheries Science Center projected that 

the TAC for the 2007–08 fishing year 

will be reached on April 17, 2008. In 

accordance with § 665.72(c), this 

document serves as a 14 day advance 

notification to fishermen, the fishing 

industry, and the general public that the 

Main Hawaiian Islands Deep 7 

bottomfish fishery will be closed from 

April 17, 2008, through the remainder of 

the fishing year. The 2008–09 fishing 

year will begin on September 1, 2008, 

and the TAC for the 2008–09 fishing 

year will be published in the Federal 

Register by August 31, 2008. 

This action is required by § 665.72(c) 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: April 2, 2008. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 08–1104 Filed 4–2–08; 1:54 pm] 

BILLING CODE 3510–22–S 


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