[Federal Register Volume 69, Number 23 (Wednesday, February 4, 2004)]
[Rules and Regulations]
[Pages 5297-5298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2294]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02; I.D. 012904D]


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: Inseason action; trip limit increase.

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SUMMARY: NMFS increases the trip limit in the commercial hook-and-line 
fishery for king mackerel in the Florida east coast subzone from 50 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, 2004, 
through March 31, 2004, unless changed by further notification in the 
Federal Register.

FOR FURTHER INFORMATION CONTACT: Mark Godcharles, telephone: 727-570-
5305, fax: 727-570-5727, 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 commercial 
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, 2004.
    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, 2004. Accordingly, a 
75-fish 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, 2004. The 75-fish 
trip limit will remain in effect until the fishery closes or until the 
end of the current fishing season (March 31, 2004) 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 
2520.4' 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, (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 unnecessary and contrary to the public interest. Such 
procedures are unnecessary because the rule itself already has been 
subject to notice and comment, and all that remains is to notify the 
public of the trip limit increase. Allowing prior notice and 
opportunity for public comment is contrary to the public interest 
because it requires time, thus delaying fishermen's ability to catch 
more king mackerel than present trip limits allow and preventing 
fishermen from reaping the socio-economic benefits derived from this 
increase in catch.
    As this action allows fishermen to increase their harvest of king 
mackerel from 50 fish per day to 75 fish per day in or from the EEZ of 
the Florida east coast subzone, the AA finds that it relieves a 
restriction and may go into effect on its effective date pursuant to 5 
U.S.C. 553(d)(1). 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.


[[Page 5298]]


    Dated: January 30, 2004.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-2294 Filed 1-30-04; 3:30 pm]
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