[Federal Register Volume 78, Number 48 (Tuesday, March 12, 2013)]
[Rules and Regulations]
[Pages 15641-15642]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05784]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120403249-2492-02]
RIN 0648-XC529


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Resources of the South Atlantic; Golden Tilefish Trip 
Limit Adjustments

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; trip limit adjustments.

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SUMMARY: On February 18, 2013, NMFS reduced the commercial trip limit 
for golden tilefish in the South Atlantic exclusive economic zone (EEZ) 
from 4,000 lb (1,814 kg) to 300 lb (136 kg) per trip because NMFS 
projected that 75 percent of the fishing year quota would be met on 
that day. Recent information indicates, however, that 75 percent of the 
fishing year quota has not been reached at this time. Therefore, 
through this temporary rule, NMFS reinstates the 4,000-lb (1,814-kg) 
commercial trip limit for golden tilefish in the South Atlantic EEZ 
from March 13, 2013, through March 21, 2013, when NMFS projects that 75 
percent of the fishing year quota would be met. On March 22, 2013, the 
commercial trip limit for golden tilefish in the South Atlantic EEZ 
will go back to 300 lb (136 kg). These trip limit adjustments are 
necessary to achieve optimum yield and better manage the South Atlantic 
golden tilefish resource.

DATES: The 4,000-lb (1,814-kg) commercial trip limit for golden 
tilefish in the South Atlantic EEZ is effective from 12:01 a.m., local 
time, March 13, 2013, until 12:01 a.m., local time, March 22, 2013. The 
300-lb (136-kg) commercial trip limit for golden tilefish in the South 
Atlantic EEZ is effective from 12:01 a.m., local time, March 22, 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: Catherine.Hayslip@noaa.gov.

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. 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). NMFS determined 
that 75 percent of the available commercial quota for golden tilefish 
would be reached on or before February 18, 2013. Accordingly, effective 
February 18, 2013, NMFS reduced the commercial golden tilefish trip 
limit to 300 lb (136 kg), gutted weight, in the South Atlantic EEZ (78 
FR 10102, February 13, 2013).
    Recent landings information indicate that the commercial sector for 
golden tilefish did not reach 75 percent of the fishing year quota on 
February 18, 2013, nor has 75 percent of the fishing year quota been 
reached at this time. Therefore, through this temporary rule, NMFS 
removes the commercial trip limit reduction for golden tilefish in the 
South Atlantic to reinstate the 4,000 lb (1,814 kg) trip limit from 
March 13, 2013, through March 21, 2013, when NMFS projects that 75 
percent of the fishing year quota would be met. Effective March 22, 
2013, the trip limit will be 300 lb (136 kg) per trip. The 300 lb (136 
kg) trip limit will remain in effect 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.

[[Page 15642]]

    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 adjustments.
    Allowing prior notice and opportunity for public comment is 
contrary to the public interest because of the need to immediately 
implement this action to achieve optimum yield and better manage the 
South Atlantic golden tilefish resource.
    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: March 8, 2013.
Kara Meckley,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2013-05784 Filed 3-8-13; 4:15 pm]
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