[Federal Register: May 29, 2007 (Volume 72, Number 102)]
[Rules and Regulations]
[Page 29444-29445]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29my07-5]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 040205043-4043-01]
RIN 0648-XA46
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Closure of the 2007 Deep-Water
Grouper Commercial Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
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SUMMARY: NMFS closes the commercial fishery for deep-water grouper
(misty grouper, snowy grouper, yellowedge grouper, warsaw grouper, and
speckled hind) in the exclusive economic zone (EEZ) of the Gulf of
Mexico. NMFS has determined that the deep-water grouper quota for the
commercial fishery will have been reached by June 2, 2007. This closure
is necessary to protect the deep-water grouper resource.
DATES: Closure is effective 12:01 a.m., local time, June 2, 2007, until
12:01 a.m., local time, on January 1, 2008.
FOR FURTHER INFORMATION CONTACT: Jason Rueter, telephone 727-824-5350,
fax 727-824-5308, e-mail Jason.Rueter@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico
is managed under the Fishery Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP). The FMP was prepared by the Gulf
of Mexico 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. Those
regulations set the commercial quota for deep-water grouper in the Gulf
of Mexico at 1.02 million lb (463,636 kg) for the current fishing year,
January 1 through December 31, 2007.
Under 50 CFR 622.43(a), NMFS is required to close the commercial
fishery for a species or species group when the quota for that species
or species group is reached, or is projected to be reached, by filing a
notification to that effect with the Office of the Federal Register.
Based on current statistics, NMFS has determined that the available
commercial quota of 1.02 million lb (463,636 kg) for deep-water grouper
will be reached on or before June 2, 2007. Accordingly, NMFS is closing
the commercial deep-water grouper fishery in the Gulf of Mexico EEZ
from 12:01 a.m., local time, on June 2, 2007, until 12:01 a.m., local
time, on January 1, 2008. The operator of a vessel with a valid
commercial vessel permit for Gulf reef fish having deep-water grouper
aboard must have landed and bartered, traded, or sold such deep-water
grouper prior to 12:01 a.m., local time, June 2, 2007.
During the closure, the sale or purchase of deep-water grouper
taken from the Gulf EEZ is prohibited and the bag and possession limits
specified in 50 CFR 622.39(b) apply to all harvest or possession of
deep-water grouper in or from the Gulf EEZ, except that no such bag
limits may be possessed aboard a vessel with commercial quantities of
Gulf reef fish (i.e., Gulf reef fish in excess of applicable bag/
possession limits). The prohibition on sale or purchase does not apply
to sale or purchase of deep-water grouper that were harvested, landed
ashore, and sold prior to 12:01 a.m., local time, June 2, 2007, and
were held in cold storage by a dealer or processor.
Classification
This action responds to the best available scientific information
recently obtained from the fishery. The Assistant Administrator for
Fisheries, NOAA, finds that the need to immediately implement this
action to close the fishery constitutes good cause to waive the
requirements to provide prior notice
[[Page 29445]]
and opportunity for public comment pursuant to the authority set forth
in 5 U.S.C. 553(b)(3)(B), as such procedures would be unnecessary and
contrary to the public interest. Similarly, there is a need to
implement these measures in a timely fashion to prevent an overrun of
the commercial quota of Gulf of Mexico deep-water grouper, given the
capacity of the fishing fleet to harvest the quota quickly. Any delay
in implementing this action would be impractical and contrary to the
Magnuson-Stevens Act, the FMP, and the public interest. For these same
reasons, NMFS finds good cause that the implementation of this action
cannot be delayed for 30 days. Accordingly, under 5 U.S.C. 553(d), a
delay in the effective date is waived.
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: May 22, 2007.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 07-2608 Filed 5-22-07; 2:39 pm]
BILLING CODE 3510-22-P