[Federal Register Volume 71, Number 139 (Thursday, July 20, 2006)]
[Rules and Regulations]
[Pages 41177-41178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6374]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[I.D. 071706B]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Closure of the 2006 Tilefish 
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 tilefish in the 
exclusive economic zone (EEZ) of the Gulf of Mexico. NMFS has 
determined that the tilefish quota for the commercial fishery will have 
been reached by July 21, 2006. This closure is necessary to protect the 
tilefish resource.

DATES: Closure is effective 12:01 a.m., local time, July 22, 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 Conservation and Management 
Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. Those 
regulations set the commercial quota for tilefish in the Gulf of Mexico 
at 440,000 lb (199,581 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 
440,000 lb (199,581 kg) for tilefish will be reached on or before July 
21, 2006. Accordingly, NMFS is closing the commercial tilefish fishery 
in the Gulf of Mexico EEZ from 12:01 a.m., local time, on July 22, 
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 tilefish aboard must have landed and bartered, traded, or sold 
such tilefish prior to 12:01 a.m., local time, July 22, 2006.
    During the closure, the bag and possession limits specified in 50 
CFR 622.39(b) apply to all harvest or possession of tilefish in or from 
the Gulf of Mexico EEZ, and the sale or purchase of tilefish taken from 
the EEZ is prohibited. The prohibition on sale or purchase does not 
apply to sale or purchase of tilefish that were harvested, landed 
ashore, and sold prior to 12:01 a.m., local time, July 22, 2006, and 
were held in cold storage by a dealer or processor.

Classification

    This action responds to the best available information recently 
obtained

[[Page 41178]]

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)(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 tilefish, 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: July 17, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 06-6374 Filed 7-17-06; 2:17 pm]
BILLING CODE 3510-22-S