[Federal Register Volume 63, Number 62 (Wednesday, April 1, 1998)]
[Rules and Regulations]
[Pages 15785-15786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8560]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 970930235-8028-02; I.D. 032598D]


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 fishery for king mackerel in the 
exclusive economic zone (EEZ) in the western zone of the Gulf of 
Mexico. This closure is necessary to protect the overfished Gulf king 
mackerel resource.

DATES: The closure is effective 12:01 a.m., March 29, 1998, through 
June 30, 1998.

FOR FURTHER INFORMATION CONTACT: Mark 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 western zone of 1.05 million lb (0.48 
million kg). 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 0.77 million 
lb (0.35 million 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 1.05 million lb (0.48 million kg) for the western 
zone of the Gulf migratory group of king mackerel was reached on March 
28, 1998. Accordingly, the commercial fishery for Gulf group king 
mackerel from the western zone is closed effective 12:01 a.m., local 
time, March 29, 1998, through June 30, 1998, the end of the fishing 
year. The boundary between the eastern and western zones is 
87 deg.31'06'' W. long., which is a line directly south from the 
Alabama/Florida boundary.
    NMFS previously determined that the commercial quotas for king 
mackerel for vessels using run-around gillnet and hook-and- line gears 
in the Florida west coast subzone of the eastern zone of the Gulf of 
Mexico were reached and closed those fishery segments on February 24, 
1998 (63 FR 10154, March 2, 1998), and March 5, 1998 (63 FR 11628, 
March 10, 1998), respectively. 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, 1998. 
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.
    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 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.


[[Page 15786]]


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

    Dated: March 26, 1998.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 98-8560 Filed 3-27-98: 3:25; pm]
BILLING CODE 3510-22-F