[Federal Register Volume 68, Number 213 (Tuesday, November 4, 2003)]
[Rules and Regulations]
[Pages 62373-62374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27610]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02; I.D. 102803B]


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

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

ACTION: Trip limit reduction.

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SUMMARY: NMFS reduces the trip limit in the commercial hook-and-line 
fishery for king mackerel in the northern Florida west coast subzone to 
500 lb (227 kg) of king mackerel per day in or from the exclusive 
economic zone (EEZ). This trip limit reduction is necessary to protect 
the Gulf king mackerel resource.

DATES: This rule is effective 12:01 a.m., local time, October 30, 2003, 
through June 30, 2004, unless changed by further notification in the 
Federal Register.

FOR FURTHER INFORMATION CONTACT: Mark Godcharles, telephone 727-570-
5727, 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 for the northern 
Florida west coast subzone is 168,750 lb (76,544 kg)(50 CFR 
622.42(c)(1)(i)(A)(2)(ii)).
    In accordance with 50 CFR 622.44(a)(2)(ii)(B), from the date that 
75 percent of the northern Florida west coast subzone's quota has been 
harvested until a closure of the subzone's fishery has been effected or 
the fishing year ends, king mackerel in or from the EEZ may be 
possessed on board or landed from a permitted vessel in amounts not 
exceeding 500 lb (227 kg) per day.
    NMFS has determined that 75 percent of the quota for Gulf group 
king mackerel from the northern Florida west coast subzone has been 
reached. Accordingly, a 500-lb (227-kg) trip limit applies to vessels 
in the commercial fishery for king mackerel in or from the EEZ in the 
northern Florida west coast subzone effective 12:01 a.m., local time, 
October 30, 2003. The 500-lb (227-kg) trip limit will remain in effect 
until the fishery closes or until the end of the current fishing year 
(June 30, 2004), whichever occurs first.
    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 northern 
subzone is that part of the Florida west coast subzone that is between 
26[deg]19.8' N. lat. (a line directly west from the Lee/Collier County, 
FL boundary) and 87[deg]31'06' W. long.(a line directly south from the 
Alabama/Florida boundary).

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA, (AA), finds good cause to waive the requirement to provide prior 
notice and opportunity for public comment pursuant to the authority set 
forth at 5 U.S.C. 553(b)(B) as such prior notice and opportunity for 
public comment is contrary to the public interest. Allowing prior 
notice and opportunity for public comment is contrary to the public 
interest because of the need to immediately implement this action in 
order to protect the fishery since the capacity of the fishing fleet 
allows for rapid harvest of the quota. Prior notice and opportunity for 
public comment will require time and would potentially

[[Page 62374]]

result in a harvest well in excess of the established quota.
    For the aforementioned reasons, the AA also finds good cause to 
waive the 30 day delay in the effectiveness of this action under 5 
U.S.C. 553(d)(3).
    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 29, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-27610 Filed 10-29-03; 4:43 pm]
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