[Federal Register Volume 74, Number 118 (Monday, June 22, 2009)]
[Rules and Regulations]
[Pages 29430-29431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14610]


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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 Deepwater 
Grouper Commercial Fishery

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 deepwater 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 deepwater grouper quota for the 
commercial fishery will have been reached by June 27, 2009. This 
closure is necessary to protect the deepwater grouper resource.

DATES: Closure is effective 12:01 a.m., local time, June 27, 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 <a href="/cdn-cgi/l/email-protection#094a687d616c7b60676c274b7b7c6e6c7b4967666868276e667f"><span class="__cf_email__" data-cfemail="20634154484552494e450e625255474552604e4f41410e474f56">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico 
is managed under the Fishery

[[Page 29431]]

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 deepwater grouper in the Gulf of Mexico at 1.02 million lb 
(463,636 kg) for the current fishing year, January 1 through December 
31, 2009.
    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 deepwater grouper 
will be reached on or before June 27, 2009. Accordingly, NMFS is 
closing the commercial deepwater grouper fishery in the Gulf of Mexico 
EEZ from 12:01 a.m., local time, on June 27, 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 deepwater grouper 
aboard must have landed and bartered, traded, or sold such deepwater 
grouper prior to 12:01 a.m., local time, June 27, 2009.
    During the closure, the bag and possession limits specified in 50 
CFR 622.39(b) apply to all harvest or possession of deepwater grouper 
in or from the Gulf of Mexico EEZ, and the sale or purchase of 
deepwater grouper taken from the EEZ is prohibited. Vessels with 
commercial quantities of reef fish on board are prohibited from 
retaining a recreational bag limit. Thus a vessel may only have a 
commercial quantity of reef fish or a recreational bag limit of reef 
fish. The prohibition on sale or purchase does not apply to sale or 
purchase of deepwater grouper that were harvested, landed ashore, and 
sold prior to 12:01 a.m., local time, June 27, 2009, and were held in 
cold storage by a dealer or processor.

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)(B) as such prior notice and opportunity for 
public comment is unnecessary and contrary to the public interest. Such 
procedures would be unnecessary because the rule itself has already 
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: June 17, 2009.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E9-14610 Filed 6-17-09; 4:15 pm]
BILLING CODE 3510-22-S


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