[Federal Register Volume 78, Number 48 (Tuesday, March 12, 2013)]
[Rules and Regulations]
[Pages 15641-15642]
From the Federal Register Online via the Government Publishing 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: [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. 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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