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Federal Register / Vol. 72, No.

18 / Monday, January 29, 2007 / Rules and Regulations 3955

grievance committee established by the DATES: The closure is effective 6 a.m., i.e., the day after the 2008 Martin Luther
governing body as required by § 1621.2 local time, January 25, 2007, through 6 King Jr. Federal holiday.
of this Part. The procedures shall also: a.m., January 22, 2008. The Florida west coast subzone is that
provide that the opportunity to submit FOR FURTHER INFORMATION CONTACT: part of the eastern zone south and west
an oral statement may be accomplished Steve Branstetter, telephone: 727–824– of 25°20.4′ N. lat. (a line directly east
in person, by teleconference, or through 5305, fax: 727–824–5308, e-mail: from the Miami-Dade County, FL,
some other reasonable alternative; Steve.Branstetter@noaa.gov. boundary). The Florida west coast
permit a complainant to be subzone is further divided into northern
accompanied by another person who SUPPLEMENTARY INFORMATION: The and southern subzones. The southern
may speak on that complainant’s behalf; fishery for coastal migratory pelagic fish subzone is that part of the Florida west
and provide that, upon request of the (king mackerel, Spanish mackerel, cero, coast subzone which from November 1
complainant, the recipient shall cobia, little tunny, and, in the Gulf of through March 31 extends south and
transcribe a brief written statement, Mexico only, dolphin and bluefish) is west from 25°20.4′ N. lat. to 26°19.8′ N.
dictated by the complainant for managed under the Fishery lat.(a line directly west from the Lee/
inclusion in the recipient’s complaint Management Plan for the Coastal Collier County, FL, boundary), i.e., the
file. Migratory Pelagic Resources of the Gulf area off Collier and Monroe Counties.
(c) Complaints received from clients of Mexico and South Atlantic (FMP). From April 1 through October 31, the
about the manner or quality of legal The FMP was prepared by the Gulf of southern subzone is that part of the
assistance that has been rendered by a Mexico and South Atlantic Fishery Florida west coast subzone which is
private attorney pursuant to the Management Councils (Councils) and is between 26°19.8′ N. lat. and 25°48′ N.
recipient’s private attorney involvement implemented under the authority of the lat.(a line directly west from the
program under 45 CFR Part 1614 shall Magnuson-Stevens Fishery Monroe/Collier County, FL, boundary),
be processed in a manner consistent Conservation and Management Act i.e., the area off Collier County.
with its responsibilities under 45 CFR (Magnuson-Stevens Act) by regulations
§ 1614.3(d)(3) and with applicable state at 50 CFR part 622. Classification
or local rules of professional Based on the Councils’ recommended
responsibility. This action responds to the best
total allowable catch and the allocation
(d) A file containing every complaint available information recently obtained
ratios in the FMP, on April 30, 2001 (66
and a statement of its disposition shall from the fishery. The Assistant
FR 17368, March 30, 2001), NMFS
be preserved for examination by LSC. Administrator for Fisheries, NOAA,
implemented a commercial quota of
The file shall include any written (AA), finds good cause to waive the
2.25 million lb (1.02 million kg) for the
statement submitted by the complainant requirement to provide prior notice and
eastern zone (Florida) of the Gulf
or transcribed by the recipient from a opportunity for public comment
migratory group of king mackerel. That
complainant’s oral statement. pursuant to the authority set forth at 5
quota is further divided into separate
U.S.C. 553(b)(B), as such prior notice
Victor M. Fortuno, quotas for the Florida east coast subzone
and opportunity for public comment is
and the northern and southern Florida
Vice President and General Counsel. unnecessary and contrary to the public
west coast subzones. On April 27, 2000,
[FR Doc. E7–1290 Filed 1–26–07; 8:45 am] interest. Such procedures would be
NMFS implemented the final rule (65
BILLING CODE 7050–01–P unnecessary because the rule itself
FR 16336, March 28, 2000) that divided
already has been subject to notice and
the Florida west coast subzone of the
comment, and all that remains is to
eastern zone into northern and southern
DEPARTMENT OF COMMERCE notify the public of the closure.
subzones, and established their separate
Allowing prior notice and opportunity
quotas. The quota implemented for the
National Oceanic and Atmospheric for public comment is contrary to the
southern Florida west coast subzone is
Administration public interest because of the need to
1,040,625 lb (472,020 kg). That quota is
immediately implement this action in
further divided into two equal quotas of
50 CFR Part 622 order to protect the fishery since the
520,312 lb (236,010 kg) for vessels in
capacity of the fishing fleet allows for
[Docket No. 001005281–0369–02; I.D. each of two groups fishing with run-
rapid harvest of the quota. Prior notice
010507C] around gillnets and hook-and-line gear
and opportunity for public comment
(50 CFR 622.42(c)(1)(i)(A)(2)(i)).
Fisheries of the Caribbean, Gulf of will require time and would potentially
Under 50 CFR 622.43(a)(3), NMFS is result in a harvest well in excess of the
Mexico, and South Atlantic; Coastal required to close any segment of the
Migratory Pelagic Resources of the established quota.
king mackerel commercial fishery when
Gulf of Mexico and South Atlantic; its quota has been reached, or is For the aforementioned reasons, the
Closure projected to be reached, by filing a AA also finds good cause to waive the
notification at the Office of the Federal 30 day delay in effectiveness of this
AGENCY: National Marine Fisheries
Register. NMFS has determined that the action under 5 U.S.C. 553(d)(3).
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), commercial quota of 520,312 lb (236,010 This action is taken under 50 CFR
Commerce. kg) for Gulf group king mackerel for 622.43(a) and is exempt from review
ACTION: Temporary rule; closure. vessels using run-around gillnet gear in under Executive Order 12866.
the southern Florida west coast subzone Authority: 16 U.S.C. 1801 et seq.
SUMMARY: NMFS closes the commercial was reached on January 24, 2007.
run-around gillnet fishery for king Accordingly, the commercial fishery for Dated: January 24, 2007.
rmajette on PROD1PC67 with RULES

mackerel in the exclusive economic king mackerel for such vessels in the James P. Burgess,
zone (EEZ) in the southern Florida west southern Florida west coast subzone is Acting Director, Office of Sustainable
coast subzone. This closure is necessary closed at 6 a.m., local time, January 25, Fisheries, National Marine Fisheries Service.
to protect the Gulf king mackerel 2007, through 6 a.m., January 22, 2008, [FR Doc. 07–351 Filed 1–24–07; 1:59 pm]
resource. the beginning of the next fishing season, BILLING CODE 3510–22–S

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