[Federal Register Volume 72, Number 188 (Friday, September 28, 2007)]
[Rules and Regulations]
[Pages 55103-55104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-4797]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No.060525140-6221-02]
RIN 0648-XC83


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the South Atlantic Region; Closure

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 golden tilefish in the 
exclusive economic zone (EEZ) in the South Atlantic. This closure is 
necessary to protect the golden tilefish resource.

DATES: The closure is effective 12 noon, local time, October 3, 2007, 
through December 31, 2007.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, 727-824-5305, fax: 727-
824-5308, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery is managed under 
the Fishery Management Plan for the Snapper-Grouper Fishery of the 
South Atlantic Region (FMP). The FMP was prepared by the South Atlantic 
Fishery Management Council (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.
    The commercial fishery for South Atlantic golden tilefish is 
managed under a commercial quota of 295,000 lb (133,810 kg), as 
specified in 50 CFR 622.42(e)(2), for the current fishing year, January 
1 through December 31, 2007.
    Under 50 CFR 622.43(a), NMFS is required to close the golden 
tilefish commercial fishery when its quota has been reached, or is 
projected to be reached, by filing a notification at the Office of the 
Federal Register. NMFS has determined the commercial quota of 295,000 
lb (133,810 kg) for golden tilefish in the South Atlantic will be 
reached by October 3, 2007. Accordingly, the commercial fishery for 
South Atlantic golden tilefish is closed effective 12 noon, local time, 
October 3, 2007, through December 31, 2007, the end of the fishing 
year. The operator of a vessel with a valid commercial vessel permit 
for South Atlantic snapper-grouper having golden tilefish aboard must 
have landed and bartered, traded, or sold such golden tilefish prior to 
12 noon, local time, October 3, 2007.
    During the closure, the appropriate bag limits specified in 50 CFR 
622.39(d)(1) and the applicable possession limits specified in 50 CFR 
622.39(d)(2) apply to all harvest or possession of golden tilefish in 
or from the South Atlantic EEZ, and the sale or purchase of golden 
tilefish taken from the EEZ is prohibited. The prohibition on sale or 
purchase does not apply to sale or purchase of golden tilefish that 
were harvested, landed ashore, and sold prior to 12 noon, local time, 
October 3, 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 fisheries. 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 itself already has been subject 
to notice and comment, and all that remains is to notify the public of 
the closure.
    NMFS also finds good cause that the implementation of this action 
cannot be delayed for 30 days. There is a need to implement this 
measure in a timely fashion to prevent an overrun of the commercial 
quota of South Atlantic golden tilefish, given the capacity of the 
fishing fleet to harvest the quota quickly. Any delay in implementing 
this action would be contrary to the

[[Page 55104]]

Magnuson-Stevens Act and the FMP. 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: September 24, 2007.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 07-4797 Filed 9-25-07; 2:07 pm]
BILLING CODE 3510-22-S