[Federal Register Volume 62, Number 17 (Monday, January 27, 1997)]
[Rules and Regulations]
[Pages 3808-3809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1824]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 940553-4223; I.D. 012197A]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South 
Atlantic; Closure

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

ACTION: Closure.

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

EFFECTIVE DATE: The closure is effective 12:01 a.m., local time, 
January 22, 1997, through June 30, 1997.

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 622 under 
the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act.

[[Page 3809]]

    Based on the Councils' recommended total allowable catch and the 
allocation ratios in the FMP, NMFS implemented a commercial quota for 
the Gulf of Mexico migratory group of king mackerel in the Florida west 
coast subzone of 865,000 lb (392,357 kg). That quota was further 
divided into two equal quotas of 432,500 lb (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 (50 CFR 
622.42(c)(1)(i)(A)(2)).
    In accordance with 50 CFR 622.43(a)(3), NMFS is required to close 
any segment of the king mackerel commercial fishery when its quota is 
reached, or is projected to be reached, by publishing a notification in 
the Federal Register. NMFS has determined that the commercial quota of 
432,500 lb (196,179 kg) for Gulf group king mackerel for vessels using 
hook-and-line gear in the Florida west coast subzone was reached on 
January 21, 1997. Accordingly, the commercial fishery for king mackerel 
for such vessels in the Florida west coast subzone is closed effective 
12:01 a.m., local time, January 22, 1997, through June 30, 1997, the 
end of the fishing year.
    The Florida west coast subzone extends from 87 deg.31'06'' W. long. 
(due south of the Alabama/Florida boundary) to: (1) 25 deg.20.4' N. 
lat. (due east of the Dade/Monroe County, FL, boundary) through March 
31, 1997; and (2) 25 deg.48' N. lat. (due west the Monroe/Collier 
County, FL, boundary) from April 1, 1997, through October 31, 1997.
    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 August 26, 1996 (61 FR 44184, 
August 28, 1996). Subsequently, NMFS determined that the commercial 
quota of king mackerel for vessels using run-around gillnet gear in the 
Florida west coast subzone of the eastern zone of the Gulf of Mexico 
was reached and closed that segment of the fishery at noon on January 
7, 1997 (62 FR 1402, January 10, 1997). 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 subzone through June 
30, 1996.
    Except for a person aboard a charter vessel or headboat, during the 
closure, no person aboard a vessel permitted to fish under a commercial 
quota may fish for Gulf group king mackerel in the EEZ in the closed 
zones or retain Gulf group king mackerel in or from the EEZ of the 
closed zones. A person aboard a vessel for which the permit indicates 
both commercial king mackerel and charter/headboat for coastal 
migratory pelagic fish may continue to retain king mackerel under the 
bag and possession limit set forth in 50 CFR 622.39(c)(1)(ii), provided 
the vessel is operating as a charter vessel or headboat.
    During the closure, king mackerel from the closed zones taken in 
the EEZ, including those harvested under the bag limit, may not be 
purchased or sold. This prohibition does not apply to trade in king 
mackerel from the closed zones that were harvested, landed ashore, and 
sold prior to the closure and were held in cold storage by a dealer or 
processor.

Classification

    This action is taken under 50 CFR 622.43(a)(3) and is exempt from 
review under E.O. 12866.

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

    Dated: January 21, 1997.
George H. Darcy,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 97-1824 Filed 1-21-97; 4:26 pm]
BILLING CODE 3510-22-F