[Federal Register Volume 73, Number 26 (Thursday, February 7, 2008)]
[Rules and Regulations]
[Pages 7223-7224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-554]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02]
RIN 0648-XF24


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, February 5, 2008, 
through 6 a.m., January 20, 2009.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, 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 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

[[Page 7224]]

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)).
    The southern subzone is that part of the Florida west coast subzone 
which from November 1 through March 31 extends south and west from 
26[deg]19.8' N. lat. (a line directly west from the Lee/Collier County, 
FL, boundary), to 25[deg]20.4' N. lat. (a line directly east from the 
Monroe/Miami-Dade 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. (a line directly west from the Lee/Collier County, 
FL, boundary) and 25[deg]48' N. lat. (a line directly west from the 
Collier/Monroe County, FL, boundary), i.e., the area off Collier 
County.
    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 was reached on February 4, 2008. 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, February 5, 2008, 
through 6 a.m., January 20, 2009, the beginning of the next fishing 
season, i.e., the day after the 2009 Martin Luther King Jr. Federal 
holiday.

Classification

    This action responds to the best available information recently 
obtained from the fisheries. The Assistant Administrator for Fisheries, 
NOAA, finds that the need to immediately implement this action to close 
the fishery constitutes good cause to waive the requirements to provide 
prior notice and opportunity for public comment pursuant to the 
authority set forth in 5 U.S.C. 553(b)(B), as such procedures would be 
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.
    NMFS also finds good cause that the implementation of this action 
cannot be delayed for 30 days. There is a need to implement this 
measure in a timely fashion to prevent an overrun of the commercial 
run-around gillnet fishery for king mackerel in the southern Florida 
west coast subzone, given the capacity of the fishing fleet to harvest 
the quota quickly. Any delay in implementing this action would be 
contrary to the Magnuson-Stevens Act and the FMP. Accordingly, under 5 
U.S.C. 553(d), a delay in the effective date is waived.
    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 4, 2008.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 08-554 Filed 2-4-08; 2:33 pm]
BILLING CODE 3510-22-S