[Federal Register Volume 66, Number 44 (Tuesday, March 6, 2001)]
[Rules and Regulations]
[Pages 13440-13441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5427]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 991008273-0070-02; I.D. 022801B]


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 Gulf 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 12:01 a.m., local time, March 2, 2001, 
through June 30, 2001.

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

SUPPLEMENTARY INFORMATION: 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, NMFS divided the Florida west coast 
subzone of the eastern zone into northern and southern subzones and 
established 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 hook-and-
line gear and run-around gillnets (50 CFR 622.42(c)(1)(i)(A)(2)(i)).
    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 hook-and-line gear in the southern Florida west coast subzone was 
reached on March 1, 2001. Accordingly, the commercial hook-and-line 
fishery for king mackerel in the southern Florida west coast subzone is 
closed at 12:01 a.m., local time, March 2, 2001, through June 30, 2001, 
the end of the fishing year.
    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 that 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

[[Page 13441]]

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.
    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 26, 2000 (65 FR 52350, 
August 29, 2000). Subsequently, NMFS determined that the commercial 
quota for Gulf group king mackerel in the northern Florida west coast 
subzone was reached and closed that segment of the fishery on November 
19, 2000 (65 FR 70317, November 22, 2000). Next, NMFS determined that 
the commercial quota for Gulf group king mackerel for vessels fishing 
with run-around gillnets in the southern Florida west coast subzone was 
reached and closed that segment of the fishery on January 19, 2001 (66 
FR 7591, January 24, 2001). 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 southern Florida west coast subzone 
through June 30, 2001.
    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 or subzones 
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 
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 Executive Order 12866.

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

    Dated: February 28, 2001.
Bruce C. Moorehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-5427 Filed 3-1-01; 3:23 pm]
BILLING CODE 3510-22-S