[Federal Register Volume 73, Number 194 (Monday, October 6, 2008)]
[Rules and Regulations]
[Pages 58058-58059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23582]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 040205043-4043-01]
RIN 0648-XK40


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Reopening of the 2008 
Deepwater Grouper and Tilefish Commercial Fisheries

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; reopening.

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SUMMARY: NMFS reopens the commercial fishery for deepwater grouper 
(misty grouper, snowy grouper, yellowedge grouper, warsaw grouper, and 
speckled hind) and tilefishes in the exclusive economic zone (EEZ) of 
the Gulf of Mexico. NMFS previously determined that the quotas for 
these commercial fisheries would be reached by May 10, 2008. The latest 
estimates for deepwater grouper and tilefish landings indicate the 
quotas were not reached by that date. Consequently, NMFS will reopen 
these fisheries for 10 days. The purpose of this action is to allow the 
fisheries to maximize harvest benefits and at the same time protect the 
deepwater grouper and tilefish resources.

DATES: The reopening is effective 12:01 a.m., local time, November 1, 
2008, until 12:01 a.m., local time, on November 11, 2008. The fisheries 
will then be closed until 12:01 a.m., local time, January 1, 2009.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone 727-824-5305, 
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 deepwater grouper in the Gulf 
of Mexico at 1.02 million lb (463,636 kg) and for tilefish in the Gulf 
of Mexico at 440,000 lb (200,000 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. 
NMFS projected the fisheries for deepwater grouper and tilefishes would 
reach their respective quotas on May 10, 2008, and closed the fisheries 
on that date (73 FR 24883, May 6, 2008). Based on current statistics, 
NMFS has determined that only 89 percent of the available commercial 
quotas for deepwater grouper and tilefishes were landed. Based on 2008 
daily landings rates and the pounds remaining on each quota 
(approximately 100,000 lb (45,359 kg) for deepwater grouper and 46,000 
lb (20,865 kg) for tilefishes), NMFS has determined these fisheries can 
reopen for 10 days. Accordingly, NMFS is reopening the commercial 
deepwater grouper and tilefish fisheries in the Gulf of Mexico EEZ from 
12:01 a.m., local time, on November 1, 2008, until 12:01 a.m., local 
time, on November 11, 2008. The fisheries will then be closed until 
12:01 a.m., local time, on January 1, 2009. November 1 was chosen as 
the opening day based on feedback from the fishing industry and weather 
concerns. Many fishers indicated that this was the most productive time 
for the reopening. NMFS also chose to wait until after the peak of 
hurricane season to promote safety at sea, consistent with National 
Standard 10 of the Magnuson-Stevens Act.
    The operator of a vessel with a valid commercial vessel permit for 
Gulf reef fish may not fish for or possess deepwater grouper or 
tilefishes prior to 12:01 a.m., local time, November 1, 2008, and must 
have landed and bartered, traded, or sold such deepwater grouper or 
tilefishes prior to 12:01 a.m., local time, November 11, 2008.
    During the closure, the bag and possession limits specified in 50 
CFR 622.39(b) apply to all harvest or possession of deepwater grouper 
and tilefishes in or from the Gulf of Mexico EEZ, and the sale or 
purchase of deepwater grouper and tilefishes taken from the EEZ is 
prohibited. The prohibition on sale or purchase does not apply to sale 
or purchase of deepwater grouper or tilefishes that were harvested, 
landed ashore, and sold prior to 12:01 a.m., local time, November 11, 
2008, and were held in cold storage by a dealer or processor. Vessels 
with commercial quantities of Gulf reef fish on board are prohibited 
from retaining a recreational bag limit of Gulf reef fish.

[[Page 58059]]

Thus, such a vessel may only have a commercial quantity of reef fish 
other than deepwater grouper or tilefishes or a recreational bag limit 
of Gulf reef fish.

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. Prior notice and opportunity for public 
comment on the reopening is unnecessary because the rule establishing 
the annual quota has already been subject to notice and comment, and 
all that remains is the annual administrative act of notifying the 
public of where harvest stands in relation to the quota, and in this 
case that additional time is needed to harvest the established quota. 
The rule contains a routine determination relative to harvest levels 
for the fishing year that are relatively insignificant in nature and 
impact to the industry and to the public as a whole.
    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: September 29, 2008.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E8-23582 Filed 10-3-08; 8:45 am]
BILLING CODE 3510-22-S