[Federal Register Volume 71, Number 39 (Tuesday, February 28, 2006)]
[Rules and Regulations]
[Pages 9976-9977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1859]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02; I.D. 022306B]


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:  Temporary rule; inseason adjustment.

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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, 
2006, through June 30, 2006, unless changed by further notification in 
the Federal Register.

FOR FURTHER INFORMATION CONTACT:  Steve Branstetter, telephone 727-824-
5305, fax 727-824-5308, 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 Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) 
by regulations at 50 CFR part 622.
    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 for the hook-and-line fishery in the 
southern Florida west coast subzone is 520,312 lb (236,010 kg)(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 from the southern Florida west coast subzone has been 
reached. Accordingly, a 500-lb (227-kg) trip limit applies to vessels 
in the commercial 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, 2006. 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, 2006), whichever occurs first.
    The Florida west coast subzone is that part of the eastern zone 
located south

[[Page 9977]]

and west of 25[deg]20.4' N. lat. (a line directly east from the Miami-
Dade County, Florida, boundary) along the west coast of Florida to 
87[deg]31'06'' W. long. (a line directly south from the Alabama/Florida 
boundary). The Florida west coast subzone is divided into northern and 
southern subzones. From November 1 through March 31, the southern 
subzone is designated as the area extending 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, Florida boundary), i.e., the area off Collier 
and Monroe Counties. Based on the current total allowable catch and the 
allocation ratios, the quota for the southern Florida west coast 
subzone is 1,040,625 lb (472,010 kg). The subzone's quota is further 
divided into two equal 520,312-lb (236,010-kg) quotas for vessels 
fishing with either run-around gillnets or hook-and-line gear.

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)(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: February 23, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 06-1859 Filed 2-23-06; 1:10 pm]
BILLING CODE 3510-22-S