[Federal Register Volume 66, Number 16 (Wednesday, January 24, 2001)]
[Rules and Regulations]
[Pages 7591-7592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2105]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 991008273-0070-02; I.D. 011801B]


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 run-around gillnet fishery for king 
mackerel in the exclusive economic zone (EEZ) in the southern Florida 
west coast subzone. This closure is necessary to protect the overfished 
Gulf king mackerel resource.

DATES: The closure is effective 12 noon, local time, January 19, 2001, 
through 6 a.m., January 22, 2002.

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 of 2.34 million lb (1.06 million kg) for 
the eastern zone (Florida) of the Gulf migratory group of king 
mackerel. On April 27, 2000, a final rule took effect dividing the 
Florida west coast subzone of the eastern zone into northern and 
southern subzones and establishing a separate quota for the southern 
Florida west coast subzone of 1,082,250 lb (490,900 kg) (65 FR 16336, 
March 28, 2000). That quota was further divided into two equal quotas 
of 541,125 lb (245,450 kg) for vessels in each of two groups fishing 
with run-around gillnets and hook-and-line gear (50 CFR 
622.42(c)(1)(i)(A)(2)(i)).

[[Page 7592]]

    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 541,125 lb (245,450 kg) for Gulf group king mackerel for vessels 
using run-around gillnet gear in the southern Florida west coast 
subzone was reached on January 18, 2001. Accordingly, the commercial 
fishery for king mackerel for such vessels in the southern Florida west 
coast subzone is closed at 12 noon, local time, January 19, 2001, 
through 6:00 a.m., January 22, 2002, the beginning of the next fishing 
season, i.e., the day after the 2002 Martin Luther King Jr. Federal 
holiday.
    The Florida west coast subzone is that part of the eastern zone 
south and west of 25 deg.20.4' N. lat. (a line directly east from the 
Miami-Dade County, FL, boundary). The Florida west coast subzone is 
further divided into northern and southern subzones. The southern 
subzone is that part of the Florida west coast subzone which from 
November 1 through March 31 extends south and west from 25 deg.20.4' N. 
lat. to 26 deg.19.8' N. lat.(a line directly west from the Lee/Collier 
County, FL, boundary), i.e., the area off Collier and Monroe Counties. 
From April 1 through October 31, the southern subzone is that part of 
the Florida west coast subzone which is between 26 deg.19.8' N. lat. 
and 25 deg.48' N. lat.(a line directly west from the Monroe/Collier 
County, FL, boundary), i.e., the area off Collier County.

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 
quickly harvest the quota. 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 contradictory 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) and is exempt from 
review under E.O. 12866.

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

    Dated: January 18, 2001.
Clarence Pautzke
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 01-2105 Filed 1-19-01; 11:24 am]
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