[Federal Register Volume 63, Number 46 (Tuesday, March 10, 1998)]
[Rules and Regulations]
[Page 11628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6133]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 980129023-8023-01; I.D. 030498B]


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.

DATES: Effective 12:01 a.m., local time, March 5, 1998, through June 
30, 1998.

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 under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act by regulations at 50 
CFR part 622.
    Based on the Councils' recommended total allowable catch and the 
allocation ratios in the FMP, NMFS recently implemented (63 FR 8353, 
February 19, 1998) a commercial quota for the Gulf of Mexico migratory 
group of king mackerel in the Florida west coast subzone of 1.17 
million lb (0.53 million kg). That quota was further divided into two 
equal quotas of 585,000 lb (265,352 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)). The 
fishery was opened February 20, 1998 (63 FR 9158, February 24, 1998), 
to allow harvest of the remaining balance between the newly implemented 
quota and the former, lower quota of 432,500 lb (196,179 kg).
    In accordance with 50 CFR 622.43(a)(3), 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 a 
notification in the Federal Register. NMFS has determined that the 
commercial quota of 585,000 lb (265,352 kg) for Gulf group king 
mackerel for vessels using hook-and-line gear in the Florida west coast 
subzone was reached on March 4, 1998. 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, March 5, 1998, 
through June 30, 1998, 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, 1998; and (2) 25 deg.48' N. lat. (due west of the Monroe/Collier 
County, FL, boundary) from April 1, 1998, through October 31, 1998.
    NMFS previously determined that the commercial quota for 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 on February 24, 1998 (63 FR 10154, 
March 2, 1998). Thus, with this closure, all commercial fisheries for 
king mackerel in the Florida west coast subzone are closed through June 
30, 1998.
    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 of the Florida 
west coast subzone or retain Gulf group king mackerel in or from the 
EEZ of the closed subzone. 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 subzone 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 subzone 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: March 4, 1998.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 98-6133 Filed 3-5-98; 3:11 pm]
BILLING CODE 3510-22-F