[Federal Register Volume 78, Number 30 (Wednesday, February 13, 2013)]
[Rules and Regulations]
[Page 10102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03311]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120403249-2492-02]
RIN 0648-XC437
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Resources of the 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 commercial trip limit for golden tilefish in
the South Atlantic to 300 lb (136 kg), gutted weight, per trip in or
from the exclusive economic zone (EEZ). This trip limit reduction is
necessary to protect the South Atlantic golden tilefish resource.
DATES: This rule is effective 12:01 a.m., local time, February 18,
2013, through December 31, 2013, unless changed by subsequent
notification in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, telephone: 727-824-
5305, or email: [email protected].
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery includes golden
tilefish in the South Atlantic and is managed under the Fishery
Management Plan for the Snapper-Grouper 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 sector 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 prior to September 1, by filing a notification to that
effect with the Office of the Federal Register. As implemented by the
final rule for Regulatory Amendment 12 (77 FR 61295, October 9, 2012),
the commercial quota for golden tilefish in the South Atlantic is
541,295 lb (245,527 kg), gutted weight, as specified in 50 CFR
622.42(e)(2). Based on current statistics, NMFS has determined that 75
percent of the available commercial quota of 541,295 lb (245,527 kg),
gutted weight, for golden tilefish will be reached on or before
February 18, 2013. Accordingly, NMFS is reducing the commercial golden
tilefish trip limit to 300 lb (136 kg), gutted weight, in the South
Atlantic EEZ from 12:01 a.m., local time, on February 18, 2013, until
the quota is reached and the commercial sector closes, or through
December 31, 2013, whichever occurs first.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
South Atlantic golden tilefish and is consistent with the Magnuson-
Stevens Act and other applicable laws.
This action is taken under 50 CFR 622.44(c)(2) and is exempt from
review under Executive Order 12866.
These measures are exempt from the procedures of the Regulatory
Flexibility Act because the temporary rule is issued without
opportunity for prior notice and comment.
Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for
Fisheries, NOAA, (AA), finds good cause to waive the requirements to
provide prior notice and the opportunity for public comment on this
temporary rule. Such procedures are 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 to protect golden tilefish because the capacity
of the fishing fleet allows for rapid harvest of the quota. Prior
notice and opportunity for public comment for this trip limit reduction
would 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).
Authority: 16 U.S.C. 1801 et seq.
Dated: February 8, 2013.
Kara Meckley,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-03311 Filed 2-8-13; 4:15 pm]
BILLING CODE 3510-22-P