[Federal Register Volume 65, Number 33 (Thursday, February 17, 2000)]
[Rules and Regulations]
[Page 8067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3835]



[[Page 8067]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 970930235-7235-01; I.D. 021400A]


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.

-----------------------------------------------------------------------

SUMMARY: NMFS closes the commercial run-around gillnet 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 group 
king mackerel resource.

DATES: Effective 12:00 noon, local time, February 15, 2000, through 
June 30, 2000.

FOR FURTHER INFORMATION CONTACT: Mark Godcharles, telephone: 727-570-
5305, fax: 727-570-5583, e-mail: [email protected].

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 (Magnuson-Stevens Act) 
by regulations at 50 CFR part 622.
    Based on the Councils' recommended total allowable catch and the 
allocation ratios in the FMP, on February 19, 1998 (63 FR 8353), NMFS 
implemented 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)).
    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 
585,000 lb (265,352 kg) for Gulf group king mackerel for vessels using 
run-around gillnets in the Florida west coast subzone was reached on 
February 14, 2000. Accordingly, the commercial fishery for king 
mackerel for such vessels in the Florida west coast subzone is closed 
effective 12:00 noon, local time, February 15, 2000, through June 30, 
2000, 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 Miami-Dade/Monroe County, FL, boundary) through 
March 31, 2000; and (2) 25 deg.48' N. lat. (due west of the Monroe/
Collier County, FL, boundary) from April 1, 2000, through October 31, 
2000.

Classification

    This action responds to the best available information recently 
obtained from the fishery. The closure must be implemented immediately 
to prevent an overrun of the commercial quota (50 CFR 622.42(c)(1)) of 
Gulf group king mackerel, given the capacity of the fishing fleet to 
harvest the quota quickly. Overruns could potentially lead to further 
overfishing and unnecessary delays in rebuilding this overfished 
resource. Any delay in implementing this action would be impractical 
and contrary to the Magnuson-Stevens Act, the FMP, and the public 
interest. NMFS finds for good cause that the implementation of this 
action cannot be delayed for 30 days. Accordingly, under 5 U.S.C. 
553(d), a delay in the effective date is waived.
    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: February 14, 2000.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 00-3835 Filed 2-14-00; 3:19 pm]
BILLING CODE 3510-22-F