[Federal Register Volume 68, Number 26 (Friday, February 7, 2003)]
[Rules and Regulations]
[Pages 6360-6361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2990]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02; I.D. 020303C]


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 
Gulf king mackerel resource.

DATES:  The closure is effective 6 a.m., local time, February 4, 2003, 
through 6 a.m., January 20, 2004.

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. On April 27, 2000, NMFS implemented the 
final rule (65 FR 16336, March 28, 2000) that divided the Florida west 
coast subzone of the eastern zone into northern and southern subzones, 
and established their separate quotas. The quota implemented for the 
southern Florida west coast subzone is 1,040,625 lb (472,020 kg). That 
quota is further divided into two equal quotas of 520,312 lb (236,010 
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)).
    Under 50 CFR 622.43(a)(3), 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 520,312 lb (236,010 kg) for Gulf group king mackerel for vessels 
using run-around gillnet gear in the southern Florida west coast 
subzone was reached on February 3, 2003. Accordingly, the commercial 
fishery for king mackerel for such vessels in the southern Florida west 
coast subzone is closed at 6 a.m., local time, February 4, 2003, 
through 6 a.m., January 20, 2004, the beginning of the next fishing 
season, i.e., the day after the 2004 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 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 that 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 Assistant Administrator for Fisheries, 
NOAA, finds that the need to immediately implement this action to close 
the fishery constitutes 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 unnecessary and contrary to the public interest. Similarly, there is 
a need to implement these measures in a timely fashion to prevent an 
overrun of the commercial quota of Gulf group king mackerel, given the 
capacity of the

[[Page 6361]]

fishing fleet to harvest the quota quickly. 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: Authority:16 U.S.C. 1801 et seq.

    Dated:February 3, 2003.
Richard W. Surdi,
Acting Director, Office Of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-2990 Filed 2-3-03; 4:55 pm]
BILLING CODE 3510-22-S