[Federal Register Volume 60, Number 175 (Monday, September 11, 1995)]
[Rules and Regulations]
[Page 47100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22401]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 642

[Docket No. 940710-4292; I.D. 090195E]


Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
South Atlantic; Closure of a Commercial Fishery

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

ACTION: Closure of a commercial fishery for king mackerel.

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SUMMARY: NMFS closes the commercial fishery in the exclusive economic 
zone (EEZ) for king mackerel from the western zone of the Gulf 
migratory group. This closure is necessary to protect the overfished 
Gulf king mackerel resource.

EFFECTIVE DATE: September 5, 1995, through June 30, 1996.

FOR FURTHER INFORMATION CONTACT: Mark F. Godcharles, 813-570-5305.

SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic 
fish (king mackerel, Spanish mackerel, cero, cobia, little tunny, 
dolphin, and, in the Gulf of Mexico only, bluefish) is managed under 
the Fishery Management Plan for the Coastal Migratory Pelagic Resources 
of the Gulf of Mexico and South Atlantic (FMP). The FMP was prepared by 
the Gulf of Mexico and South Atlantic Fishery Management Councils 
(Councils) and is implemented by regulations at 50 CFR part 642, under 
the authority of the Magnuson Fishery Conservation and Management Act.
    Catch limits recommended by the Councils and implemented by NMFS 
for the Gulf of Mexico migratory group of king mackerel for the current 
fishing year (July 1, 1995, through June 30, 1996) set the commercial 
quota at 0.77 million pounds (0.35 million kg) for the western zone.
    Under 50 CFR 642.26(a), NMFS is required to close any segment of 
the king mackerel commercial fishery when its allocation or quota has 
been reached, or is projected to be reached, by publishing a document 
in the Federal Register. NMFS has determined that the commercial quota 
of 0.77 million pounds (0.35 million kg) for the western zone of the 
Gulf migratory group of king mackerel was reached on September 4, 1995. 
Hence, the commercial fishery for Gulf group king mackerel from the 
western zone is closed effective 12:01 a.m., local time, September 5, 
1995, through June 30, 1996, the end of the fishing year. The boundary 
between the eastern and western zones is a line directly south from the 
Florida/Alabama boundary (87 deg.31'06'' W. long.).
    Except for a person aboard a charter vessel, during the closure, no 
person aboard a vessel permitted to fish under a commercial allocation 
may fish for, retain, or have in possession in the EEZ king mackerel 
from the western zone. A person aboard a charter vessel may continue to 
fish for king mackerel in the western zone under the bag limit set 
forth in Sec. 642.24(a)(1)(i), provided the vessel is under charter and 
the vessel has an annual charter vessel permit, as specified in 
Sec. 642.4(a)(2). A charter vessel with a permit to fish on a 
commercial allocation is under charter when it carries a passenger who 
fishes for a fee or when there are more than three persons aboard, 
including operator and crew.
    During the closure, king mackerel from the western zone taken in 
the EEZ, including those harvested under the bag limit, may not be 
purchased, bartered, traded, or sold. This prohibition does not apply 
to trade in king mackerel from the western zone that were harvested, 
landed, and bartered, traded, or sold prior to the closure and held in 
cold storage by a dealer or processor.

Classification

    This action is taken under 50 CFR 642.26(a) and is exempt from 
review under E.O. 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: September 5, 1995.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 95-22401 Filed 9-6-95; 10:44 am]
BILLING CODE 3510-22-F