[Federal Register Volume 68, Number 21 (Friday, January 31, 2003)]
[Rules and Regulations]
[Pages 4965-4966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2342]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02; I.D. 012703A]


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

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Trip limit increase.

-----------------------------------------------------------------------

SUMMARY: NMFS increases the trip limit in the commercial hook-and-line 
fishery for king mackerel in the Florida east coast subzone to 75 fish 
per day in or from the exclusive economic zone (EEZ). This trip limit 
increase is necessary to maximize the socioeconomic benefits of the 
quota.

DATES: This rule is effective 12:01 a.m., local time, February 1, 2003, 
through March 31, 2003, unless changed by further notification in the 
Federal Register.

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 April 30, 2001 (66 FR 17368, March 30, 
2001) NMFS implemented a commercial quota of 2.25 million lb (1.02 
million kg) for the eastern zone (Florida) of the Gulf migratory group 
of king mackerel. That quota is further divided into separate quotas 
for the Florida east coast subzone and the northern and southern 
Florida west coast subzones. The quota implemented for the Florida east 
coast subzone is 1,040,625 lb (472,020 kg) (50 CFR 622.42(c)(1)(i)(A) 
(1)).
    In accordance with 50 CFR 622.44(a)(2)(i), beginning on February 1, 
if less than 75 percent of the Florida east coast subzone's quota has 
been harvested by that date, king mackerel in or from that subzone's 
EEZ may be possessed on board or landed from a permitted vessel in 
amounts not exceeding 75 fish per day. The 75-fish daily trip limit 
will continue until a closure of the subzone's fishery has been 
effected or the fishing year ends on March 31.
    NMFS has determined that 75 percent of the quota for Gulf group 
king mackerel for vessels using hook-and-line gear in the Florida east 
coast subzone was not reached before February 1, 2003. Accordingly, a 
75-fish

[[Page 4966]]

trip limit applies to vessels in the commercial hook-and-line fishery 
for king mackerel in or from the EEZ in the Florida east coast subzone 
effective 12:01 a.m., local time, February 1, 2003. The 75-fish trip 
limit will remain in effect until the fishery closes or until the end 
of the current fishing season (March 31, 2003) for this subzone. From 
November 1 through March 31, the Florida east coast subzone of the Gulf 
group king mackerel is that part of the eastern zone north of 
25[deg]20.4' N. lat. (a line directly east from the Miami-Dade County, 
FL boundary).

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA, has determined that this action to increase the trip limit 
relieves a restriction and enhances the socio-economic benefits derived 
from this sector of the fishery and, therefore, finds good cause to 
waive the requirement to provide prior notice and opportunity for 
public comment pursuant to the authority set forth in 5 U.S.C. 
553(b)(3)(B), as such procedures would be contrary to the public 
interest. 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 622.44(a)(2)(iii) and is exempt 
from review under Executive Order 12866.

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

    Dated: January 28,2003.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-2342 Filed 1-28-03; 3:37 pm]
BILLING CODE 3510-22-S