[Federal Register Volume 72, Number 102 (Tuesday, May 29, 2007)]
[Rules and Regulations]
[Pages 29444-29445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2608]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 040205043-4043-01]
RIN 0648-XA46


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Closure of the 2007 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 2, 2007. This closure 
is necessary to protect the deep-water grouper resource.

DATES: Closure is effective 12:01 a.m., local time, June 2, 2007, until 
12:01 a.m., local time, on 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. 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, 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 with the Office of 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 2, 2007. 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 2, 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 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 2, 2007.
    During the closure, the sale or purchase of deep-water grouper 
taken from the Gulf EEZ is prohibited and 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 EEZ, except that no such bag 
limits may be possessed aboard a vessel with commercial quantities of 
Gulf reef fish (i.e., Gulf reef fish in excess of applicable bag/
possession limits). 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 2, 2007, and 
were held in cold storage by a dealer or processor.

Classification

    This action responds to the best available scientific 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

[[Page 29445]]

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-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: May 22, 2007.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 07-2608 Filed 5-22-07; 2:39 pm]
BILLING CODE 3510-22-P