[Federal Register Volume 75, Number 201 (Tuesday, October 19, 2010)]
[Rules and Regulations]
[Pages 64171-64172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26284]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 040205043-4043-01]
RIN 0648-XY49


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Closure of the 2010 Gulf of 
Mexico Commercial Sector 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 commercial sector for 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 October 28, 2010. This closure is necessary to prevent 
overfishing of Gulf greater amberjack.

DATES: Closure is effective 12:01 a.m., local time, October 28, 2010, 
until 12:01 a.m., local time, on January 1, 2011.

FOR FURTHER INFORMATION CONTACT: Catherine Bruger, telephone 727-551-
5727, fax 727-824-5308, e-mail <a href="/cdn-cgi/l/email-protection#226143564a47504b4c470c605057454750624c4d43430c454d54"><span class="__cf_email__" data-cfemail="e7a486938f82958e8982c9a59592808295a789888686c9808891">[email protected]</span></a>.

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. The 
regulations set the commercial quota for greater amberjack in the Gulf 
at 503,000 lb (228,157 kg), round weight, however in 2009, the 
commercial quota was exceeded by 129,928 lb (58,934 kg), and, 
therefore, a reduced quota of 373,072 lb (169,222 kg) was implemented 
for the 2010 fishing year.

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.
    The accountability measures state, as described in Sec.  
622.49(a)(1)(i), when the applicable commercial quota is reached, or 
projected to be reached, the Assistant Administrator for Fisheries, 
NOAA (AA), will close the commercial sector of greater amberjack for 
the remainder of the fishing year. If despite such closure, commercial 
landings exceed the quota, the AA will reduce the quota the year 
following an overage by the amount of the overage of the prior fishing 
year.
    NMFS published a temporary rule on June 22, 2010 (75 FR 35335) to 
implement the 2010 accountability measures for Gulf greater amberjack, 
including a reduced 2010 commercial quota and an estimated season 
length for the 2010 recreational sector. In 2009, the commercial sector 
of greater amberjack was closed on November 7, when the commercial 
quota of 503,000 lb (228,157 kg) was determined to be reached. 
Finalized 2009 commercial landings data determined the commercial quota 
was exceeded by 25.8 percent, or 129,928 lb (58,934 kg). Therefore, in 
accordance with the accountability measures, the reduced 2010 
commercial quota for Gulf greater amberjack is 373,072 lb (169,222 kg).
    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 373,072 lb (169,222 kg), round weight for greater 
amberjack will be reached on or before October 28, 2010. Accordingly, 
NMFS is closing commercial harvest of greater amberjack in the Gulf EEZ 
from 12:01 a.m., local time, on October 28, 2010, until 12:01 a.m., 
local time, on January 1, 2011. 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, October 28, 2010.
    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 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, October 28, 2010, 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 2010 quota will not be 
exceeded.

Classification

    This action responds to the best available information recently 
obtained from the fishery. The 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, which in turn, 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. There is a need to 
implement this measure in a timely fashion to prevent a quota overrun 
of the commercial greater amberjack sector, given the capacity of the 
fishing fleet to harvest the quota quickly.
    For the aforementioned reasons, the AA also finds good cause to 
waive the

[[Page 64172]]

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: October 14, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-26284 Filed 10-14-10; 4:15 pm]
BILLING CODE 3510-22-P


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