[Federal Register Volume 65, Number 46 (Wednesday, March 8, 2000)]
[Rules and Regulations]
[Pages 12136-12137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5618]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 970930235-7235-01; I.D. 030300A]


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 group 
king mackerel resource.

DATES: Effective 12:01 a.m., local time, March 6, 2000, through June 
30, 2000.

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

[[Page 12137]]

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 hook-and-line gear in the Florida west coast subzone was reached 
on March 5, 2000. 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 6, 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 the Monroe/Collier 
County, FL, boundary) from April 1, 2000, through October 31, 2000.
    NMFS previously determined that the commercial quota for king 
mackerel from the western zone of the Gulf of Mexico was reached and 
closed that segment of the fishery on August 25, 1999 (64 FR 46596, 
August 26, 1999). Subsequently, NMFS determined that the commercial 
quota of king mackerel for vessels using run-around gillnets 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 15, 2000 
(65 FR 8067; February 17, 2000). Thus, with this closure, all 
commercial fisheries for Gulf group king mackerel in the EEZ are closed 
from the U.S./Mexico border through the Florida west coast subzone 
through June 30, 2000.
    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 subzones. 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 or subzones 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. Note, however, that the bag limit for an 
operator or crew member of a charter vessel or headboat is zero. 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, and sold prior to the closure and were held 
in cold storage by a dealer or processor.

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: March 3, 2000.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 00-5618 Filed 3-3-00; 4:47 pm]
BILLING CODE 3510-22-F