[Federal Register Volume 74, Number 131 (Friday, July 10, 2009)]
[Rules and Regulations]
[Page 33170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16378]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 040205043-4043-01]
RIN 0648-XO54


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-grouper Fishery of the South Atlantic; Closure of the 2009 
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. In addition, for a 
person on board a vessel for which a Federal commercial or charter 
vessel/headboat permit for the South Atlantic Snapper-Grouper Fishery 
has been issued, the provisions of the closure (restriction to the bag 
and possession limits and prohibition of sale or purchase) apply 
regardless of whether the golden tilefish are harvested in state waters 
or the South Atlantic EEZ. NMFS has determined that the quota for the 
commercial fishery for golden tilefish will have been reached by July 
15, 2009. This closure is necessary to protect the golden tilefish 
resource.

DATES: Closure is effective 12:01 a.m., local time, July 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 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, found at 50 CFR 622.42(e)(2), 
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, 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 295,000 lb (133,810 kg) for golden tilefish will be 
reached on or before July 15, 2009. Accordingly, NMFS is closing the 
commercial fishery for golden tilefish in the South Atlantic EEZ from 
12:01 a.m., local time, on July 15, 2009, through December 31, 2009.
    During the closure, the applicable bag and possession limits 
specified in 50 CFR 622.39(d)(1)(ii) and (d)(2), respectively, 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. In addition, for a person on board a vessel for 
which a Federal commercial or charter vessel/headboat permit for the 
South Atlantic Snapper-Grouper Fishery has been issued, those 
provisions of the closure for golden tilefish apply regardless of 
whether the fish are harvested in state waters or the South Atlantic 
EEZ. The operator of a vessel with golden tilefish in excess of the bag 
or possession limit aboard must have landed such golden tilefish prior 
to 12:01 a.m., local time, July 15, 2009, and all sale or purchase of 
golden tilefish must occur prior to 12:01 a.m., local time, July 15, 
2009. 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, July 15, 2009, 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. 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: July 7, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-16378 Filed 7-7-09; 8:45 am]
BILLING CODE 3510-22-S