[Federal Register Volume 71, Number 46 (Thursday, March 9, 2006)]
[Rules and Regulations]
[Pages 12148-12149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2254]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02; I.D. 011106A]


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: Temporary rule; 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, March 7, 2006, 
through 6 a.m., January 16, 2007.

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.
    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

[[Page 12149]]

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. 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 has been reached. 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, March 7, 2006, through 6 a.m., January 
16, 2007, the beginning of the next fishing season, i.e., the day after 
the 2007 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 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 that 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 is required by 50 CFR 622.43(a) and is exempt from 
review under Executive Order 12866.
    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 prior notice and an 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, 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 effectiveness of this action under 5 U.S.C. 
553(d)(3).

    Authority: 16 U.S.C. 1801 et seq.

    Dated: March 6, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 06-2254 Filed 3-6-06; 3:18 pm]
BILLING CODE 3510-22-S