[Federal Register: April 13, 2007 (Volume 72, Number 71)]
[Rules and Regulations]
[Page 18593-18594]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ap07-13]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 040205043-4043-01; I.D. 040607F]
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Closure of the 2007 Gulf of
Mexico Commercial Fishery for Tilefishes
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 tilefishes in the
exclusive economic zone (EEZ) of the Gulf of Mexico. NMFS has
determined that the quota for tilefishes for the commercial fishery
will have been reached by April 18, 2007. This closure is necessary to
protect tilefishes.
DATES: The closure is effective 12:01 a.m., local time, April 18, 2007,
until 12:01 a.m., local time, 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. Pursuant
to 50 CFR 622.42(a)(1)(iv), the commercial quota for tilefishes in the
Gulf of Mexico is 440,000 lb (199,581 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 in the Federal Register. Based on current
statistics, NMFS has determined that the available commercial quota of
440,000 lb (199,581 kg) for tilefishes will be reached on or before
April 18, 2007. Accordingly, NMFS is closing the commercial fishery for
tilefishes in the Gulf of Mexico EEZ from 12:01 a.m., local time, on
April 18, 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 tilefishes aboard must have landed and bartered,
traded, or sold such tilefishes prior to 12:01 a.m., local time, April
18, 2007.
During the closure, the bag and possession limits specified in 50
CFR 622.39(b) apply to all harvest or possession of tilefishes in or
from the Gulf of Mexico EEZ, and the sale or purchase of tilefishes
taken from the EEZ is prohibited. The prohibition on
[[Page 18594]]
sale or purchase does not apply to sale or purchase of tilefishes that
were harvested, landed ashore, and sold prior to 12:01 a.m., local
time, April 18, 2007, and were held in cold storage by a dealer or
processor.
Classification
This action responds to the best available 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 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. Such procedures
would be unnecessary because the rule implementing the quota already
has been subject to notice and comment, and all that remains is to
notify the public of the closure. 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 tilefishes, 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: April 9, 2007.
James P. Burgess
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E7-6965 Filed 4-12-07; 8:45 am]
BILLING CODE 3510-22-S