[Federal Register Volume 73, Number 159 (Friday, August 15, 2008)]
[Rules and Regulations]
[Pages 47850-47851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18937]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 040205043-4043-01]
RIN 0648-XI45


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-grouper Fishery of the South Atlantic; Closure of the 2008 
Commercial Fishery for Golden Tilefish in the South Atlantic

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) of the South Atlantic. NMFS has 
determined that the quota for the commercial fishery for golden 
tilefish will have been reached by August 17, 2008. This closure is 
necessary to protect the golden tilefish resource.

DATES: Closure is effective 12:01 a.m., local time, August 17, 2008, 
until 12:01 a.m., local time, on January 1, 2009.

FOR FURTHER INFORMATION CONTACT: Britni Tokotch, telephone 727-824-
5305, fax 727-824-5308, e-mail [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic 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 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 
golden tilefish in the South Atlantic at 295,000 lb (133,810 kg) for 
the current fishing year, January 1 through December 31, 2008.
    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 295,000 lb (133,810 kg) for golden tilefish will be 
reached on or before August 17, 2008. Accordingly, NMFS is closing the 
commercial fishery for golden tilefish in the South Atlantic EEZ from 
12:01 a.m., local time, on August 17, 2008, until 12:01 a.m., local 
time, on January 1, 2009. The operator of a vessel with a valid 
commercial vessel permit for snapper-grouper having golden tilefish 
aboard must have landed and bartered, traded, or sold such golden 
tilefish prior to 12:01 a.m., local time, August 17, 2008.
    During the closure, the bag and possession limits specified in 50 
CFR 622.39(b) 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 12:01 a.m., local 
time, August 17, 2008, 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, (AA), finds good cause to waive the requirement to provide prior 
notice and opportunity for public comment pursuant to the authority set 
forth at 5 U.S.C. 553(b)(B) as such prior notice and opportunity for 
public comment is unnecessary and contrary to the public interest. Such 
procedures would be unnecessary because the rule itself has already 
been subject to notice and comment, and all that remains is to notify 
the public of the closure.

[[Page 47851]]

Allowing prior notice and opportunity for public comment is contrary to 
the public interest because of the need to immediately implement this 
action to protect the fishery since the capacity of the fishing fleet 
allows for rapid harvest of the quota. Prior notice and opportunity for 
public comment would require time and would potentially result in a 
harvest well in excess of the established quota.
    For the aforementioned reasons, the AA also finds good cause to 
waive the 30-day delay in the effectiveness of this action under 5 
U.S.C. 553(d)(3).
    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: August 12, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-18937 Filed 8-12-08; 4:15 pm]
BILLING CODE 3510-22-S