6318 Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Rules and Regulations 

NON–FEDERAL GOVERNMENT (NG) 

FOOTNOTES 

* * * * * 

NG 159 In the band 698–806 MHz, 

stations authorized under 47 CFR part 

74, subparts E, F, and G may continue 

to operate indefinitely on a secondary 

basis to all other stations operating in 

that band. 

* * * * * 

[FR Doc. 2010–2779 Filed 2–8–10; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 001005281–0369–02] 

RIN 0648–XU24 

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, February 7, 2010, through 

June 30, 2010, unless changed by further 

notice in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Susan Gerhart, telephone: 727–824– 

5305, fax: 727–824–5308, e-mail: 

susan.gerhart@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 Gulf 

of Mexico 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, February 

7, 2010. 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, 2010), 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/ 

Monroe 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 that the need to immediately 

implement this trip limit reduction for 

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)(B), as such 

procedures would be 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 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 since 

the capacity of the fishing fleet allows 

for rapid harvest of the quota. Prior 

notice and opportunity for public 

comment would require time and 

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: February 3, 2010. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2010–2806 Filed 2–4–10; 4:15 pm] 

BILLING CODE 3510–22–S 


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