[Federal Register Volume 72, Number 71 (Friday, April 13, 2007)]
[Rules and Regulations]
[Pages 18593-18594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6965]


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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 [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. 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