[Federal Register Volume 75, Number 69 (Monday, April 12, 2010)]
[Rules and Regulations]
[Page 18427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8296]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 040205043-4043-01]
RIN 0648-XU96


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the South Atlantic; Closure

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. This closure is 
necessary to protect the golden tilefish resource.

DATES: This rule is effective 12:01 a.m., local time, April 12, 2010, 
through December 31, 2010.

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 by regulations at 50 CFR part 622.
    The commercial quota for golden tilefish in the South Atlantic is 
295,000 lb (133,810 kg) for the current fishing year, January 1 through 
December 31, 2010, as specified in 50 CFR 622.42(e)(2).
    Under 50 CFR 622.43(a), NMFS is required to close the commercial 
fishery for golden tilefish when its quota has been reached, or is 
projected to be reached, by filing a notification to that effect with 
the Office of the Federal Register. NMFS has determined that the 
commercial quota for South Atlantic golden tilefish will be reached by 
April 12, 2010. Accordingly, the commercial fishery for South Atlantic 
golden tilefish is closed effective 12:01 a.m., local time, April 12, 
2010, through December 31, 2010.
    The operator of a vessel with a valid commercial vessel permit for 
South Atlantic snapper-grouper having golden tilefish onboard must have 
landed and bartered, traded, or sold such golden tilefish prior to 
12:01 a.m., local time, April 12, 2010. During the closure, the bag 
limit 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. 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, April 12, 2010, and were held in cold storage by a dealer or 
processor. 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 sale and purchase 
provisions of the commercial closure for golden tilefish would apply 
regardless of whether the fish are harvested in state or Federal 
waters, as specified in 50 CFR 622.43(a)(5)(ii).

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA, (AA), finds that the need to immediately implement this action to 
close the fishery constitutes good cause to waive the requirements to 
provide prior notice and opportunity for public comment pursuant to the 
authority set forth in 5 U.S.C. 553(b)(B), as such procedures would be 
unnecessary and contrary to the public interest. Such procedures would 
be unnecessary because the rule itself has 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: April 7, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-8296 Filed 4-7-10; 4:15 pm]
BILLING CODE 3510-22-S