[Federal Register Volume 64, Number 51 (Wednesday, March 17, 1999)]
[Rules and Regulations]
[Pages 13120-13121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6494]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 961204340-7087-02; I.D. 031299A]


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 Florida east coast subzone. This 
closure is necessary to protect the overfished Gulf king mackerel 
resource.

DATES: Effective 12:01 a.m., local time, March 13, 1999, through March 
31, 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).

[[Page 13121]]

The FMP was prepared by the Gulf of Mexico and by the 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 Florida east 
coast subzone of 1.17 million lb (0.53 million kg) (50 CFR 
622.42(c)(1)(i)(A)(1). The Florida east coast subzone extends from 
25 deg.20.4' N. lat. (due east of the Dade/Monroe County, FL, boundary) 
to 29 deg.25' N. lat. (due east of the Flagler/Volusia County, FL, 
boundary) through March 31, 1999.
    Under 50 CFR 622.43(a)(3), 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 1.17 million lb (0.53 million kg) for Gulf group king mackerel for 
vessels fishing in the Florida east coast subzone was reached on March 
12, 1999. Accordingly, the commercial fishery for king mackerel for 
such vessels in the Florida east coast subzone is closed effective 
12:01 a.m., local time, March 13, 1999, through March 31, 1999. The 
closure remains in effect until April 1, 1999, when the boundary 
separating the Gulf from the Atlantic migratory group of king mackerel 
shifts from the east coast to the west coast of Florida.
    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 mackerel has been issued 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 that has a 
valid charter vessel/headboat permit for coastal migratory pelagic fish 
may continue to retain king mackerel in or from the closed zones 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 king 
mackerel 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 closed zones or subzones 
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 closed zones that were 
harvested, landed ashore, sold prior to the closure, and 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 12, 1999.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 99-6494 Filed 3-12-99; 3:28 pm]
BILLING CODE 3510-22-F