Federal Register / Vol. 74, No. 203 / Thursday, October 22, 2009 / Rules and Regulations 54489 

§ 73.622 [Amended] 

■ 2. Section 73.622(i), the PostTransition Table of DTV Allotments 

under Florida, is amended by adding 

channel 32 and removing channel 38 at 

St. Petersburg. 

Federal Communications Commission. 

Clay C. Pendarvis, 

Associate Chief, Video Division, Media 

Bureau. 

[FR Doc. E9–25231 Filed 10–21–09; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 172 and 174 

[RSPA Docket No. 2006–26322 (HM–206F)] 

RIN 2137–AE21 

Hazardous Materials: Revision of 

Requirements for Emergency 

Response Telephone Numbers 

Correction 

In rule document E9–24799 beginning 

on page 53413 in the issue of Monday, 

October 19, 2009, make the following 

correction: 

On page 53413, in the third column, 

under the DATES section, in the second 

line, ‘‘November 18, 2009’’ should read 

‘‘October 1, 2010’’. 

[FR Doc. Z9–24799 Filed 10–21–09; 8:45 am] 

BILLING CODE 1505–01–D 

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. 

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 

Steve.Branstetter@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 

(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] 

BILLING CODE 3510–22–S 


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