[Federal Register Volume 66, Number 225 (Wednesday, November 21, 2001)]
[Rules and Regulations]
[Pages 58410-58411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29117]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02; I.D. 111601A]


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 fishery for king mackerel in the 
exclusive economic zone (EEZ) in the western zone of the Gulf of 
Mexico. This closure is necessary to protect the Gulf king mackerel 
resource.

DATES: The closure is effective 12 noon, local time, November 19, 2001, 
through June 30, 2002.

FOR FURTHER INFORMATION CONTACT: Mark Godcharles, 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 annual 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 western 
zone of 1.01

[[Page 58411]]

million lb (0.46 million kg) (66 FR 17368, March 30, 2001).
    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 1.01 million lb (0.46 million kg) for Gulf group king mackerel in 
the western zone will be reached on November 18, 2001. Accordingly, the 
commercial fishery for Gulf group king mackerel in the western zone is 
closed effective 12 noon, local time, November 19, 2001, through June 
30, 2002, the end of the fishing year. The boundary between the eastern 
and western zones is 87 deg.31'06" W. long., which is a line directly 
south from the Alabama/Florida boundary.
    Until July 1, 2002, no person aboard a vessel for which a 
commercial permit for king mackerel has been issued, other than a 
vessel operating as a charter vessel or headboat, may fish for or 
retain king mackerel in or from the western zone in the EEZ. A vessel 
for which a charter vessel/headboat permit and a commercial king 
mackerel permit have been issued is operating as a charter vessel or 
headboat when it carries a paying passenger or when more than three 
persons are aboard, including captain and crew. A person aboard a 
vessel operating as a charter vessel or headboat may fish for or retain 
king mackerel in or from the western zone under the bag and possession 
limits of 50 CFR 622.39(c)(1)(ii).
    During the closure, king mackerel taken from the western zone in 
the EEZ, including those harvested under the bag and possession limits, 
may not be purchased or sold 50 CFR 622.43(a)(3)(iii). This prohibition 
does not apply to trade in king mackerel from the western zone 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 resource. 
Therefore, 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: November 16, 2001.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-29117 Filed 11-16-01; 3:07 pm]
BILLING CODE 3510-22-S