15676 Federal Register / Vol. 73, No. 58 / Tuesday, March 25, 2008 / Rules and Regulations 

implement this action to close the 

fishery 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)(3)(B), as such procedures 

would be unnecessary and contrary to 

the public interest. Such procedures 

would be unnecessary because the rule 

implementing the quota already has 

been subject to notice and comment, 

and all that remains is to notify the 

public of the closure. NMFS has a legal 

obligation to keep harvest within the 

quota limits established by the stock 

rebuilding plan. There is a need to 

implement these measures in a timely 

fashion to prevent an overrun of the 

recreational quota of Gulf red snapper, 

given the capacity of the fishing fleet to 

harvest the quota quickly. Any delay in 

implementing this action would be 

impractical and contrary to the 

Magnuson-Steven Act, the FMP, and the 

public interest. To meet the legal 

obligation to constrain total recreational 

harvest to the quota, NMFS must close 

the recreational fishery in the EEZ 

earlier, i.e., by August 5, 2008, to 

compensate for continued fishing that 

will occur in those state waters where 

no compatible regulations exist. Those 

affected by this earlier closure, 

particularly charter vessel and headboat 

operations, need as much time as 

possible to adjust business plans to 

account for the earlier closure. Delaying 

the closure rule to accommodate prior 

public notice and comment would 

decrease the time available to adjust 

business plans. 

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 19, 2008. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E8–5939 Filed 3–24–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 001005281–0369–02] 

RIN 0648–XG54 

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. 

SUMMARY: NMFS reduces the trip limit 

in the commercial hook-and-line fishery 

for king mackerel in the southern 

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, March 22, 2008, through 

June 30, 2008, 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 

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. 

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 hook-and-line 

fishery in the southern Florida west 

coast subzone is 520,312 lb (236,010 

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

In accordance with 50 CFR 

622.44(a)(2)(ii)(B)(2), from the date that 

75 percent of the southern Florida west 

coast subzone’s hook-and-line gear 

quota has been harvested until a closure 

of the subzone’s hook-and-line 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 hook-and-line gear quota for Gulf 

group king mackerel from the southern 

Florida west coast subzone has been 

reached. Accordingly, a 500-lb (227-kg) 

trip limit applies to vessels in the 

commercial hook-and-line fishery for 

king mackerel in or from the EEZ in the 

southern Florida west coast subzone 

effective 12:01 a.m., local time, March 

22, 2008. 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, 2008), whichever 

occurs first. 

The Florida west coast subzone is that 

part of the eastern zone located south 

and west of 25°20.4′ N. lat. (a line 

directly east from the Miami-Dade 

County, FL boundary) along the west 

coast of Florida to 87°31′06′ W. long. (a 

line directly south from the Alabama/ 

Florida boundary). The Florida west 

coast subzone is further divided into 

northern and southern subzones. From 

November 1 through March 31, the 

southern subzone is designated as the 

area extending south and west from 

25°20.4′ N. lat. to 26°19.8′ N. lat. (a line 

directly west from the Lee/Collier 

County, Florida, boundary), i.e., the area 

off Collier and Monroe Counties. 

Beginning April 1, the southern subzone 

is reduced to the area off Collier County, 

Florida, between 25°48′ N. lat. and 

26°19.8′ N. lat. 

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 in order to protect the fishery 

because the capacity of the fishing fleet 


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Federal Register / Vol. 73, No. 58 / Tuesday, March 25, 2008 / Rules and Regulations 15677 

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: March 19, 2008. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 08–1068 Filed 3–19–08; 3:16 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106673–8011–02] 

RIN 0648–XG58 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Less Than 60 ft (18.3 

m) LOA Using Pot or Hook-and-Line 

Gear in the Bering Sea and Aleutian 

Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher vessels 

less than 60 ft (< 18.3 meters (m)) length 

overall (LOA) using pot or hook-andline gear in the Bering Sea and Aleutian 

Islands management area (BSAI). This 

action is necessary to prevent exceeding 

the 2008 Pacific cod total allowable 

catch (TAC) allocated to catcher vessels 

< 60 ft (18.3 m) LOA using pot or hookand-line gear in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), March 21, 2008, through 

2400 hrs, A.l.t., December 31, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 908–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI according to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP) prepared by 

the North Pacific Fishery Management 

Council under authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

Regulations governing fishing by U.S. 

vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The 2008 and 2009 final harvest 

specification for groundfish in the BSAI 

(73 FR 10160, February 26, 2008) and 

reallocation (73 FR 11562, March 4, 

2008) allocated a directed fishing 

allowance for Pacific cod of 4,233 

metric tons to catcher vessels < 60 ft 

(18.3 m) LOA using pot or hook-andline gear in the BSAI. See 

§ 679.20(c)(3)(iii), § 679.20(c)(5), and 

§ 679.20(a)(7)(ii). 

In accordance with § 679.20(d)(1)(iii), 

the Regional Administrator finds that 

the 2008 Pacific cod directed fishing 

allowance allocated to catcher vessels 

less than 60 ft (18.3 m) LOA using pot 

or hook-and-line gear in the BSAI has 

been reached. Consequently, NMFS is 

prohibiting directed fishing for Pacific 

cod by catcher vessels < 60 ft (18.3 m) 

LOA using pot or hook-and-line gear in 

the BSAI. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

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 requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of Pacific cod by 

catcher vessels < 60 ft (18.3 m) LOA 

using pot or hook-and-line gear in the 

BSAI. NMFS was unable to publish a 

notice providing time for public 

comment because the most recent, 

relevant data only became available as 

of March 18, 2008. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: March 19, 2008. 

Emily H. Menashes 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 08–1067 Filed 3–19–08; 3:16 pm] 

BILLING CODE 3510–22–S 


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