[Federal Register Volume 63, Number 164 (Tuesday, August 25, 1998)]
[Rules and Regulations]
[Page 45186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22769]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 970930235-8028-02; I.D. 081898B]


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., August 25, 1998, through 
June 30, 1999.

FOR FURTHER INFORMATION CONTACT: Mark Godcharles, 727-570-5305.

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 implemented 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) (63 FR 8353, February 19, 1998).
    Under 50 CFR 622.43(a), NMFS is required to close any segment of 
the king mackerel commercial fishery when its quota has been reached, 
or is projected to be reached, by filing a notification at the Office 
of 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 will be reached on August 24, 1998. 
Accordingly, the commercial fishery for Gulf group king mackerel from 
the western zone is closed effective 12:01 a.m., local time, August 25, 
1998, through June 30, 1999, 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.
    Except for a person aboard a charter vessel or headboat, during the 
closure, no person aboard a vessel for which a commercial permit for 
king and Spanish mackerel has been issued may fish for king mackerel in 
the EEZ in the western zone or retain king mackerel in or from the 
western zone EEZ. A person aboard a vessel that has a valid charter 
vessel/headboat permit for coastal migratory pelagic fish may continue 
to retain king mackerel in or from the western zone EEZ under the bag 
and possession limits set forth in 50 CFR 622.39(c)(1)(ii) and (c)(2), 
provided the vessel is operating as a charter vessel or headboat. A 
charter vessel or headboat that also has a commercial permit is 
considered to be operating as a charter vessel or headboat when it 
carries a passenger who pays 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 and possession limits, 
may not be purchased or sold. This prohibition does not apply to trade 
in king mackerel from the western zone 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) and is exempt from 
review under E.O. 12866.

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

    Dated: August 19, 1998.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 98-22769 Filed 8-20-98; 4:05 pm]
BILLING CODE 3510-22-F