[Federal Register Volume 71, Number 117 (Monday, June 19, 2006)]
[Rules and Regulations]
[Pages 35198-35199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5488]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[I.D. 060806E]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Closure of the 2006 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 26, 2006. This 
closure is necessary to protect the deep-water grouper resource.

DATES: Closure is effective 12:01 a.m., local time, June 27, 2006, 
until 12:01 a.m., local time, on January 1, 2007.

FOR FURTHER INFORMATION CONTACT: Jason Rueter, telephone 727-824-5350, 
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

[[Page 35199]]

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, 2006.
    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 
1.02 million lb (463,636 kg) for deep-water grouper will be reached on 
or before June 26 2006. 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 27, 2006, until 12:01 a.m., local time, on January 
1, 2007. 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 27, 2006.
    During the closure, 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 of Mexico EEZ, and the sale or purchase of deep-
water grouper taken from the EEZ is prohibited. 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 27, 2006, 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. 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-Steven 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: June 9, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 06-5488 Filed 6-13-06; 2:49 pm]
BILLING CODE 3510-22-S