[Federal Register Volume 69, Number 56 (Tuesday, March 23, 2004)]
[Rules and Regulations]
[Pages 13481-13482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6474]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02; I.D. 031804A]


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: Inseason 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 southern 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, March 20, 2004, 
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

[[Page 13482]]

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 hook-and-line gear 
and run-around gillnets (50 CFR 622.42(c)(1)(i)(A)(2)(i)).
    In accordance with 50 CFR 622.44(a)(2)(ii)(B)(2), from the date 
that 75 percent of the southern 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 for vessels using hook-and-line gear in the southern 
Florida west coast subzone will be reached on March 19, 2004. 
Accordingly, a 500-lb (227-kg) trip limit applies to vessels in the 
commercial hook-and-line fishery for king mackerel in or from the EEZ 
in the southern Florida west coast subzone effective 12:01 a.m., local 
time, March 20, 2004. 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 southern 
subzone is that part of the Florida west coast subzone which 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 which 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, (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 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 trip limit reduction. 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: March 18, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-6474 Filed 3-18-04; 3:08 pm]
BILLING CODE 3510-22-S