[Federal Register Volume 70, Number 191 (Tuesday, October 4, 2005)]
[Rules and Regulations]
[Page 57802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19849]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[I.D. 092605B]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Closure of the 2005 Shallow-
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 has determined that the red grouper quota for the 
commercial fishery will have been reached by October 10, 2005, and 
therefore closes the commercial fishery for shallow-water grouper (red, 
black, gag, scamp, yellowfin, yellowmouth, rock hind, and red hind) in 
the exclusive economic zone (EEZ) of the Gulf of Mexico. The existing 
regulations require closure of the entire shallow-water grouper 
commercial fishery when either the red grouper quota or the shallow-
water grouper quota is reached or is projected to be reached. This 
closure is necessary to protect the shallow-water grouper resource.

DATES: Closure is effective 12:01 a.m., local time, October 10, 2005, 
until 12:01 a.m., local time, on January 1, 2006.

FOR FURTHER INFORMATION CONTACT: Jason Rueter, telephone 727-824-5305, 
fax 727-824-5308, 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, 2005. 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 with the Office of the Federal Register. 
Based on current statistics, NMFS has determined the available 
commercial quota of 5.31 million lb (2,413,636 kg) for red grouper will 
be reached on or before October 10, 2005. Accordingly, NMFS is closing 
the commercial shallow-water grouper fishery in the Gulf of Mexico EEZ 
from 12:01 a.m., local time, on October 10, 2005, until 12:01 a.m., 
local time, on January 1, 2006. 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, October 10, 2005.
    During the closure: (1) the sale or purchase of shallow-water 
grouper taken from the EEZ is prohibited; (2) when the recreational 
grouper fishery is open, the bag and possession limits specified in 50 
CFR 622.39(b) apply to all harvest or possession of red grouper and 
shallow-water grouper in or from the Gulf of Mexico EEZ; and (3) when 
the recreational grouper fishery is closed, all harvest or possession 
of grouper in or from the Gulf EEZ is prohibited. The prohibition on 
sale or purchase does not apply to 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, October 10, 2005, and were held in 
cold storage by a dealer or processor.

Classification

    This action is required under 50 CFR 622.43(a) and is exempt from 
review under Executive Order 12866.
    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 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)(B), as such procedures 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. Similarly, 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 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. 
Accordingly, under 5 U.S.C. 553(d)(3), a delay in the effective date is 
waived.

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

    Dated: September 28, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-19849 Filed 9-29-05; 2:43 pm]
BILLING CODE 3510-22-S