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###### Department of Commerce

###### National Oceanic and Atmospheric Administration 

          - 50 CFR Part 622 
          - [Docket No. 040205043-4043-01] 
          - RIN 0648-XA46 

# AGENCY:

National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. 

# ACTION:

Temporary rule; closure. 

# SUMMARY:

NMFS closes the commercial fishery for deep-water grouper (misty grouper, snowy grouper, yellowedge grouper, warsaw grouper, and speckled hind) in the exclusive economic zone (EEZ) of the Gulf of Mexico. NMFS has determined that the deep-water grouper quota for the commercial fishery will have been reached by June 2, 2007. This closure is necessary to protect the deep-water grouper resource. 

# DATES:

Closure is effective 12:01 a.m., local time, June 2, 2007, until 12:01 a.m., local time, on January 1, 2008. 

# FOR FURTHER INFORMATION CONTACT:

                        Jason Rueter, telephone 727-824-5350, fax 727-824-5308,                         *e-mail**Jason.Rueter@noaa.gov.*

# 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 deep-water grouper in the Gulf of Mexico at 1.02 million lb (463,636 kg) for the current fishing year, January 1 through December 31, 2007. 

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 1.02 million lb (463,636 kg) for deep-water grouper will be reached on or before June 2, 2007. Accordingly, NMFS is closing the commercial deep-water grouper fishery in the Gulf of Mexico EEZ from 12:01 a.m., local time, on June 2, 2007, until 12:01 a.m., local time, on January 1, 2008. The operator of a vessel with a valid commercial vessel permit for Gulf reef fish having deep-water grouper aboard must have landed and bartered, traded, or sold such deep-water grouper prior to 12:01 a.m., local time, June 2, 2007. 

                    During the closure, the sale or purchase of deep-water grouper taken from the Gulf EEZ is prohibited and the bag and possession limits specified in 50 CFR 622.39(b) apply to all harvest or possession of deep-water grouper in or from the Gulf EEZ, except that no such bag limits may be possessed aboard a vessel with commercial quantities of Gulf reef fish (                    *i.e.*, Gulf reef fish in excess of applicable bag/possession limits). The prohibition on sale or purchase does not apply to sale or purchase of deep-water grouper that were harvested, landed ashore, and sold prior to 12:01 a.m., local time, June 2, 2007, and were held in cold storage by a dealer or processor.                 

## Classification 

                    This action responds to the best available scientific information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA, finds that the need to immediately implement this action to close the fishery constitutes good cause to waive the requirements to provide prior notice                           ( print page 29445)                        and opportunity for public comment pursuant to the authority set forth in 5 U.S.C. 553(b)(3)(B), as such procedures would be unnecessary and contrary to the public interest. Similarly, there is a need to implement these measures in a timely fashion to prevent an overrun of the commercial quota of Gulf of Mexico deep-water grouper, given the capacity of the fishing fleet to harvest the quota quickly. Any delay in implementing this action would be impractical and contrary to the Magnuson-Stevens Act, the FMP, and the public interest. For these same reasons, NMFS finds good cause that the implementation of this action cannot be delayed for 30 days. Accordingly, under 5 U.S.C. 553(d), a delay in the effective date is waived.                 

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 22, 2007. 

James P. Burgess, 

Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. 

[FR Doc. 07-2608 Filed 5-22-07; 2:39 pm] 

BILLING CODE 3510-22-P