[Federal Register Volume 70, Number 39 (Tuesday, March 1, 2005)]
[Rules and Regulations]
[Pages 9879-9880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3941]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02; I.D. 012705B]


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.

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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, February 25, 
2005, through June 30, 2005, unless changed by further notification in 
the Federal Register.

FOR FURTHER INFORMATION CONTACT: Steve Branstetter; telephone: 727-570-
5305; 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, 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

[[Page 9880]]

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 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 was reached on February 24, 2005. 
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, February 25, 2005. 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, 2005), 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 that 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 the 
part of the Florida west coast subzone that 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 has already 
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 because 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: February 23, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-3941 Filed 2-24-05; 2:33 pm]
BILLING CODE 3510-22-S