33170 Federal Register / Vol. 74, No. 131 / Friday, July 10, 2009 / Rules and Regulations 

* * * * * 

[FR Doc. E9–16369 Filed 7–9–09; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 040205043–4043–01] 

RIN 0648–XO54 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Snapper– 

grouper Fishery of the South Atlantic; 

Closure of the 2009 Commercial 

Fishery for Golden Tilefish in the 

South Atlantic 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the commercial 

fishery for golden tilefish in the 

exclusive economic zone (EEZ) of the 

South Atlantic. In addition, 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 

provisions of the closure (restriction to 

the bag and possession limits and 

prohibition of sale or purchase) apply 

regardless of whether the golden tilefish 

are harvested in state waters or the 

South Atlantic EEZ. NMFS has 

determined that the quota for the 

commercial fishery for golden tilefish 

will have been reached by July 15, 2009. 

This closure is necessary to protect the 

golden tilefish resource. 

DATES: Closure is effective 12:01 a.m., 

local time, July 15, 2009, through 

December 31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Bruger, telephone 727–824– 

5305, fax 727–824–5308, e–mail 

Catherine.Bruger@noaa.gov. 

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 

(Magnuson–Stevens Act) by regulations 

at 50 CFR part 622. Those regulations, 

found at 50 CFR 622.42(e)(2), set the 

commercial quota for golden tilefish in 

the South Atlantic at 295,000 lb 

(133,810 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 295,000 lb (133,810 

kg) for golden tilefish will be reached on 

or before July 15, 2009. Accordingly, 

NMFS is closing the commercial fishery 

for golden tilefish in the South Atlantic 

EEZ from 12:01 a.m., local time, on July 

15, 2009, through December 31, 2009. 

During the closure, the applicable bag 

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. In addition, 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, those provisions of the closure 

for golden tilefish apply regardless of 

whether the fish are harvested in state 

waters or the South Atlantic EEZ. The 

operator of a vessel with golden tilefish 

in excess of the bag or possession limit 

aboard must have landed such golden 

tilefish prior to 12:01 a.m., local time, 

July 15, 2009, and all sale or purchase 

of golden tilefish must occur prior to 

12:01 a.m., local time, July 15, 2009. 

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, July 15, 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: July 7, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–16378 Filed 7–7–09; 8:45 am] 

BILLING CODE 3510–22–S 


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