[Federal Register Volume 74, Number 38 (Friday, February 27, 2009)]
[Rules and Regulations]
[Pages 8879-8880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4273]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02]
RIN 0648-XN45


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 hook-and-line fishery for king 
mackerel in the southern Florida west coast subzone. This closure is 
necessary to protect the Gulf king mackerel resource.

DATES: This rule is effective 12:01 a.m., local time, February 28, 
2009, through June 30, 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.
    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)).
    Under 50 CFR 622.43(a), 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 the

[[Page 8880]]

commercial quota for Gulf group king mackerel in the southern Florida 
west coast subzone will be reached by February 28, 2009. Accordingly, 
the commercial fishery for Gulf group king mackerel in the southern 
subzone is closed effective 12:01 a.m., local time, February 28, 2009, 
through June 30, 2009, the end of the fishing year.
    The Florida west coast subzone is that part of the eastern zone 
located south and west of 25[deg]20.4' N. lat. (a line directly east 
from the Miami-Dade County, FL 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 further 
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. Beginning April 1, the 
southern subzone is reduced to the area off Collier County, Florida, 
between 25[deg]48' N. lat. and 26[deg]19.8' N. lat.

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 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 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, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-4273 Filed 2-24-09; 4:15 pm]
BILLING CODE 3510-22-S