[Federal Register Volume 61, Number 38 (Monday, February 26, 1996)]
[Rules and Regulations]
[Page 7078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4216]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 642

[Docket No. 950725189-5260-02; I.D. 022096C]


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.

-----------------------------------------------------------------------

SUMMARY: NMFS closes the commercial hook-and-line fishery for king 
mackerel in the exclusive economic zone (EEZ) in the Florida west coast 
sub-zone. This closure is necessary to protect the overfished Gulf king 
mackerel resource.

EFFECTIVE DATE: February 21, 1996, 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 set the 
commercial quota of king mackerel in the Florida west coast sub-zone at 
865,000 pounds (392,357 kg). That quota was further divided into two 
equal quotas of 432,500 pounds (196,179 kg) for vessels in each of two 
groups by gear types--vessels fishing with run-around gillnets and 
those using hook-and-line gear.
    Under 50 CFR 642.26(a), NMFS is required to close any segment of 
the king mackerel commercial fishery when its allocation or quota is 
reached, or is projected to be reached, by publishing notification in 
the Federal Register. NMFS has determined that the commercial quota of 
432,500 pounds (196,179 kg) for Gulf group king mackerel for vessels 
using hook-and-line gear in the Florida west coast sub-zone was reached 
on February 20, 1996. The trip limit was previously reduced to 50 fish 
on January 24, 1996, when 75 percent of the quota was taken (January 
29, 1996; 61 FR 2728). Hence, the commercial fishery for king mackerel 
for such vessels in the Florida west coast sub-zone is closed effective 
12:01 a.m., local time, February 21, 1996, through June 30, 1996, the 
end of the fishing year.
    The Florida west coast sub-zone extends from the Alabama/Florida 
boundary (87 deg.31'06'' W. long.) to: (1) the Dade/Monroe County, 
Florida boundary (25 deg.20.4' N. lat.) from November 1 through March 
31; and (2) the Monroe/Collier County, Florida boundary (25 deg.48' N. 
lat.) from April 1 through October 31.
    NMFS previously determined that the commercial quota of king 
mackerel from the western zone of the Gulf of Mexico was reached and 
closed that segment of the fishery on September 5, 1995 (60 FR 47100, 
September 11, 1995). Subsequently, NMFS determined that the commercial 
quota of king mackerel for vessels using run-around gillnet gear in the 
Florida west coast sub-zone of the eastern zone of the Gulf of Mexico 
was reached and closed that segment of the fishery at noon on February 
12, 1996. Thus, with this closure, all commercial fisheries for king 
mackerel in the EEZ are closed from the U.S./Mexico border through the 
Florida west coast sub-zone through June 30, 1996.
    Except for a person aboard a charter vessel, during the closure, no 
person on board a vessel permitted to fish under a commercial 
allocation may fish for, retain, or have in possession in the EEZ Gulf 
group king mackerel from the closed zones. A person on board a charter 
vessel may continue to fish for king mackerel in the closed zones 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 closed zones 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 closed zones 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: February 20, 1996.
Richard H. Schaefer,
Director, Office of Fisheries Conservation and Management, National 
Marine Fisheries Service.
[FR Doc. 96-4216 Filed 2-21-96; 9:31 am]
BILLING CODE 3510-22-F