[Federal Register Volume 68, Number 221 (Monday, November 17, 2003)]
[Rules and Regulations]
[Pages 64820-64821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28656]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02; I.D. 111203A]


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 fishery for king mackerel in the 
exclusive economic zone (EEZ) in the northern Florida west coast 
subzone. This closure is necessary to protect the Gulf king mackerel 
resource.

DATES: The closure is effective 12 noon local time, November 13, 2003, 
through June 30, 2004.

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 implemented for the 
northern Florida west coast subzone is 168,750 lb (76,544 kg)(50 CFR 
622.42(c)(1)(i)(A)(2)(ii)).
    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 168,750 lb (76,544 kg) for Gulf group king mackerel in the northern 
Florida west coast subzone was reached on November 12, 2003. 
Accordingly, the commercial fishery for king mackerel in the northern 
Florida west coast subzone is closed at 12 noon, local time, November 
13, 2003, through June 30, 2004, the end of the fishing year.
    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 87deg;31'06'' W. long. (a line directly south from the 
Alabama/Florida boundary).
    NMFS previously determined that the commercial quota for king 
mackerel from the western zone of the Gulf of Mexico was reached and 
closed that segment of the fishery on September 24, 2003 (68 FR 55554, 
September 26, 2003). Thus, with this closure, all commercial fisheries 
for Gulf group king mackerel in the EEZ are closed from the U.S./Mexico 
border through the northern Florida west coast subzone through June 30, 
2004.
    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

[[Page 64821]]

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)(3)(B) as such 
prior notice and opportunity for public comment is unnecessary and 
contrary to the public interest. Such procedures would be unnecessary 
because the rule itself already has been subject to notice and comment, 
and all that remains is to notify the public of the closure. 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 
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: November 12, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-28656 Filed 11-12-03; 2:31 pm]
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