[Federal Register Volume 74, Number 91 (Wednesday, May 13, 2009)]
[Rules and Regulations]
[Pages 22476-22477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11153]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 040205043-4043-01]
RIN 0648-XO64


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Closure of the 2009 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 the commercial fishery for tilefishes 
will have been reached by May 15, 2009. This closure is necessary to 
protect the tilefish resource.

DATES: Closure is effective 12:01 a.m., local time, May 15, 2009, 
through December 31, 2009.

FOR FURTHER INFORMATION CONTACT: Catherine Bruger, 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

[[Page 22477]]

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 
tilefishes in the Gulf of Mexico at 440,000 lb (200,000 kg) for the 
current fishing year, January 1 through December 31, 2009.
    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 440,000 lb (200,000 kg) for tilefishes will be 
reached on or before May 15, 2009. Accordingly, NMFS is closing the 
commercial fishery for tilefishes in the Gulf of Mexico EEZ from 12:01 
a.m., local time, on May 15, 2009, through December 31, 2009. 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, May 
15, 2009.
    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 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, May 15, 2009, 
and were held in cold storage by a dealer or processor. Vessels with 
commercial quantities of other Gulf reef fish on board are prohibited 
from retaining a recreational bag limit of tilefishes.

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. 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: May 7, 2009
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E9-11153 Filed 5-8-09; 4:15 pm]
BILLING CODE 3510-22-S