[Federal Register Volume 67, Number 209 (Tuesday, October 29, 2002)]
[Rules and Regulations]
[Page 65902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27504]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02; I.D. 102302A]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South 
Atlantic

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, October 25, 2002, 
through June 30, 2003.

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 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 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 October 24, 2002. Accordingly, the 
commercial fishery for Gulf group king mackerel in the western zone is 
closed effective 12 noon, local time, October 25, 2002, through June 
30, 2003, 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.
    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. 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 Assistant Administrator for Fisheries, 
NOAA, finds that the need to immediately implement this action to close 
the fishery constitutes good cause to waive the requirements to provide 
prior notice and opportunity for public comment pursuant to the 
authority set forth at 5 U.S.C. 553(b)(3)(B), as such procedures would 
be unnecessary and contrary to the public interest. Similarly, there is 
a need to implement these measures in a timely fashion (manner) to 
prevent an overrun of the commercial quota of Gulf group king mackerel, 
given the capacity of the fishing fleet to harvest the quota quickly. 
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) and is exempt from 
review under Executive Order 12866.

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

    Dated: October 23, 2002.
Dean Swanson,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-27504 Filed 10-24-02; 3:51 pm]
BILLING CODE 3510-22-S jen