[Federal Register Volume 74, Number 203 (Thursday, October 22, 2009)]
[Rules and Regulations]
[Page 54489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25449]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 070718369-8731-02]
RIN 0648-XS50


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Closure of the 2009 Gulf of 
Mexico Recreational Fishery for Greater Amberjack

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 recreational fishery for greater amberjack in 
the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf). During 
the closure, the bag and possession limit for greater amberjack in or 
from the Gulf EEZ is zero. In addition, a person aboard a vessel for 
which a Federal charter vessel/headboat permit for Gulf reef fish has 
been issued must also abide by these closure provisions in state 
waters. NMFS has determined this action is necessary to prevent the 
recreational fishery for greater amberjack from exceeding its quota for 
the fishing year. This closure is necessary to prevent overfishing of 
Gulf greater amberjack.

DATES:  The closure is effective 12:01 a.m., local time, October 24, 
2009, through December 31, 2009.

FOR FURTHER INFORMATION CONTACT:  Dr. Steve Branstetter, telephone 727-
551-5796, 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 (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. These regulations set the recreational quota for Gulf greater 
amberjack at 1,368,000 lb (620,514 kg), round weight, for the current 
fishing year, January 1, through December 31, 2009.

Background

    Constraining harvest to the quota is crucial to meeting the legal 
requirements to prevent and end overfishing and rebuild greater 
amberjack in the Gulf of Mexico. On August 4, 2008, new fishing 
regulations were implemented by NMFS (73 FR 38139) to reduce the 
harvest and discard of greater amberjack in the Gulf reef fish fishery. 
Regulatory changes for recreational greater amberjack included 
implementing a quota of 1,368,000 lb (620,514 kg), round weight and 
accountability measures.
    Using reported landings for 2009, NMFS projects the 2009 
recreational greater amberjack quota will be met on October 24, 2009. 
Therefore, in accordance with 50 CFR 622.43(a), NMFS is closing the 
recreational fishery for greater amberjack in the Gulf EEZ, effective 
12:01 a.m. local time on October 24, 2009. During the closure, the bag 
and possession limit for greater amberjack in or from the Gulf EEZ is 
zero. In addition to the Gulf EEZ closure, as specified in 50 CFR 
622.4(a)(1)(iv), a person aboard a vessel for which a Federal charter 
vessel/headboat permit for Gulf reef fish has been issued must also 
abide by these closure provisions in state waters. The closure is 
intended to prevent overfishing and increase the likelihood that the 
2009 quota will not be exceeded. The recreational fishery for greater 
amberjack will reopen on January 1, 2010, the beginning of the 2010 
recreational fishing year.

Classification

    This action responds to the best available information recently 
obtained from the fishery. The AA for Fisheries, NOAA, finds good cause 
to waive the requirement to provide prior notice and opportunity for 
public comment pursuant to the authority set forth in 5 U.S.C. 
553(b)(3)(B). Such procedures would be unnecessary because the rule 
implementing the quota and the associated requirement for closure of 
the fishery when the quota is reached or projected to be reached 
already has been subject to notice and comment, and all that remains is 
to notify the public of the closure.
    Providing prior notice and opportunity for public comment on this 
action would be contrary to the public interest. It would be contrary 
to the public interest because any delay in the closure of this fishery 
could result in the recreational quota for greater amberjack being 
exceeded, which, in turn, would trigger the accountability measure for 
greater amberjack. The accountability measure states that if 
recreational landings exceed the quota, NMFS will file a notification 
with the Office of the Federal Register, at or near the beginning of 
the following fishing year, to reduce the length of the recreational 
fishing season for the following fishing year by the amount necessary 
to recover the overage from the prior fishing year. Reducing the length 
of the following fishing season would be disruptive to business plans 
and would provide less flexibility to fishermen for when they could 
harvest the quota.
    For the aforementioned reasons, the AA also finds good cause to 
waive the 30-day delay in the effectiveness of this action under 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: October 16, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-25449 Filed 10-19-09; 4:15 pm]
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