[Federal Register Volume 74, Number 213 (Thursday, November 5, 2009)]
[Rules and Regulations]
[Page 57261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26699]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 040205043-4043-01]
RIN 0648-XP56


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Closure of the 2009 Commercial 
Harvest of Gulf of Mexico 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 commercial harvest of greater amberjack in the 
exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf). NMFS has 
determined that the commercial greater amberjack quota will have been 
reached by November 7, 2009. This closure is necessary to prevent 
overfishing of Gulf greater amberjack.

DATES: Closure is effective 12:01 a.m., local time, November 7, 2009, 
until 12:01 a.m., local time, on January 1, 2010.

FOR FURTHER INFORMATION CONTACT: Catherine Bruger, telephone 727-551-
5727, 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 greater amberjack in the Gulf 
at 503,000 lb (228,157 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. 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 
commercial greater amberjack included implementing a quota of 503,000 
lb (228,157 kg), round weight and accountability measures.
    Under 50 CFR 622.43(a), NMFS is required to close harvest 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 503,000 lb (228,157 kg), round weight for greater 
amberjack will be reached on or before November 7, 2009. Accordingly, 
NMFS is closing commercial harvest of greater amberjack in the Gulf EEZ 
from 12:01 a.m., local time, on November 7, 2009, until 12:01 a.m., 
local time, on January 1, 2010. The operator of a vessel with a valid 
commercial vessel permit for Gulf reef fish having greater amberjack 
aboard must have landed and bartered, traded, or sold such greater 
amberjack prior to 12:01 a.m., local time, November 7, 2009.
    During the closure, all harvest or possession of greater amberjack 
in or from the Gulf of Mexico EEZ, and the sale or purchase of greater 
amberjack taken from the EEZ is prohibited.The recreational harvest of 
greater amberjack in the Gulf closed on October 24, 2009 (74 FR 54489), 
and will remain closed through December 31, 2009. The prohibition on 
sale or purchase does not apply to sale or purchase of greater 
amberjack that were harvested, landed ashore, and sold prior to 12:01 
a.m., local time, November 7, 2009, and were held in cold storage by a 
dealer or processor. In addition to the Gulf EEZ closure, a person on 
board a vessel for which a commercial vessel permit for Gulf reef fish 
has been issued must comply with these closure provisions regardless of 
where the Gulf greater amberjack are harvested, i.e., in state or 
Federal waters. This closure is intended to prevent overfishing of Gulf 
greater amberjack and increase the likelihood that the 2009 quota will 
not be exceeded.

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)(3)(B). Such procedures would be unnecessary 
because the rule implementing the quota and the associated requirement 
for closure of commercial harvest 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 because any delay in 
the closure of commercial harvest could result in the commercial quota 
for greater amberjack being exceeded would trigger the accountability 
measure for greater amberjack. The accountability measure would require 
NMFS to reduce the quota for the following year by the amount of the 
quota overage from the prior fishing year. Reducing the quota the 
following year would produce additional adverse economic impacts for 
Gulf reef fish fishermen.
    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: November 02, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-26699 Filed 11-2-09; 4:15 pm]
BILLING CODE 3510-22-S