[Federal Register Volume 70, Number 20 (Tuesday, February 1, 2005)]
[Rules and Regulations]
[Pages 5061-5062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1802]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02; I.D. 012105B]


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, Friday, January 28, 
2005, through 6 a.m., January 17, 2006.

FOR FURTHER INFORMATION CONTACT: Steve Branstetter, telephone: 727-570-
5305, fax: 727-570-5583, e-mail: [email protected].

[[Page 5062]]


SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic 
fish (king mackerel, Spanish mackerel, cero, cobia, little tunny, and, 
in the Gulf of Mexico only, dolphin and 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 for public inspection. 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 Thursday, January 27, 2005. 
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, Friday, January 28, 2005, through 6 a.m., January 17, 2006, the 
beginning of the next fishing season, i.e., the day after the 2006 
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 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 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 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: January 27, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-1802 Filed 1-27-05; 1:47 pm]
BILLING CODE 3510-22-S