[Federal Register Volume 69, Number 217 (Wednesday, November 10, 2004)]
[Rules and Regulations]
[Pages 65092-65093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25085]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 040205043-4168-02; I.D. 110404D]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Closure of the 2004 Shallow-
Water Grouper Commercial Fishery

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

ACTION: Notice of closure.

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SUMMARY: NMFS closes the commercial fishery for shallow-water grouper 
(black, gag, red, red hind, rock hind, scamp, yellowfin, and 
yellowmouth) in the exclusive economic zone (EEZ) of the Gulf of 
Mexico. This closure is in response to NMFS's determination that the 
red grouper quota for the commercial fishery will be reached by 
November 15, 2004. Existing regulations require closure of the entire 
shallow-water grouper fishery when either the red grouper quota or 
shallow-water grouper quota is reached. This closure is necessary to 
protect the shallow-water grouper resource.

DATES: Closure is effective 12:01 a.m., local time, November 15, 2004, 
until 12:01 a.m., local time, on January 1, 2005.

FOR FURTHER INFORMATION CONTACT: Phil Steele, telephone 727-570-5784, 
fax 727-570-5583, e-mail [email protected].

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 red grouper in the Gulf of 
Mexico at 5.31 million lb (2,413,636 kg) for the current fishing year, 
January 1 through December 31, 2004. Those regulations also require 
closure of the entire shallow-water grouper commercial fishery when 
either the red grouper quota or the shallow-water grouper quota is 
reached.
    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 
5.31 million lb (2,413,636 kg) for red grouper will be reached on or 
before November 15, 2004. Accordingly, NMFS is closing the commercial 
shallow-water grouper fishery in the Gulf of Mexico EEZ from 12:01 
a.m., local time, on November 15, 2004, until 12:01 a.m., local time, 
on January 1, 2005. The operator of a vessel with a valid reef fish 
permit having shallow-water grouper aboard must have landed and 
bartered, traded, or sold such shallow-water grouper prior to 12:01 
a.m., local time, November 15, 2004.
    During the closure: the bag and possession limits specified in 50 
CFR 622.39(b) apply to the harvest or possession of red grouper and 
shallow-water grouper in or from the Gulf of Mexico EEZ, and the sale 
or purchase of shallow-water grouper taken from the EEZ is prohibited. 
The prohibition on the sale or purchase does not apply to the sale or 
purchase of red grouper or shallow-water grouper that were harvested, 
landed ashore, and sold prior to 12:01 a.m., local time, November 15, 
2004, 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 the need to immediately implement this action to close the 
fishery. Pursuant to 5 U.S.C. 553(b)(3)(B), there is good cause to 
waive provide prior notice and opportunity for public comment on this 
action, as notice and comment would be unnecessary and contrary to the 
public interest. Such procedures are unnecessary because the rule 
itself has been subject to notice and comment, and all that remains is 
to notify the public of the closure. Allowing prior notice and 
opportunity for public comment is contrary to the public interest 
because it requires time during which harvest would likely exceed the 
quota.
    There is good cause under 5 U.S.C. 553(d) to waive the 30-day delay 
in effective date. There is a need to implement this measure in a 
timely fashion to prevent an overage of the commercial quota of Gulf 
red grouper, given the capacity of the fishing fleet to exceed the 
quota quickly. Any delay in implementing this action would be

[[Page 65093]]

impractical and contrary to the Magnuson-Stevens Act, the FMP, and the 
public interest. For these reasons, NMFS finds good cause that the 
implementation of this action cannot be delayed for 30 days.
    This action is required by 50 CFR 622.43(a) and is exempt from 
review under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: November 4, 2004.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-25085 Filed 11-5-04; 3:00 pm]
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