[Federal Register Volume 75, Number 38 (Friday, February 26, 2010)]
[Rules and Regulations]
[Page 8819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4014]



[[Page 8819]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 040205043-4043-01]
RIN 0648-XU38


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Reopening of the Gulf Group 
King Mackerel East Coast Subzone

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; reopening.

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SUMMARY: NMFS reopens the commercial fishery for Gulf group king 
mackerel in the exclusive economic zone (EEZ) of the east coast 
subzone. NMFS previously determined the quota for this commercial 
fishery would be reached by February 4, 2010. The latest estimates for 
landings indicate the quota was not reached by that date. Consequently, 
NMFS will reopen this fishery for 5 days. The purpose of this action is 
to allow the fishery to maximize harvest benefits and at the same time 
protect the king mackerel resource.

DATES: The reopening is effective 12:01 a.m., local time, March 3, 
2010, until 12:01 a.m., local time, on March 8, 2010. The fishery will 
then be closed until the end of the fishing season, 12:01 a.m., local 
time, April 1, 2010.

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. The quota implemented for the Florida east 
coast subzone is 1,040,625 lb (472,020 kg) (50 CFR 
622.42(c)(1)(i)(A)(1)).
    From November 1 through March 31 the Florida east coast subzone of 
the Gulf group king mackerel is that part of the eastern zone north of 
25[deg]20.4' N. lat. (a line directly east from the Miami-Dade/Monroe 
County, FL, boundary) to 29[deg]25'N. lat. (a line directly east from 
the Flagler/Volusia County, FL, boundary). Beginning April 1, the 
boundary between Atlantic and Gulf groups of king mackerel shifts south 
and west to the Monroe/Collier County boundary on the west coast of 
Florida. From April 1 through October 31, king mackerel harvested along 
the east coast of Florida, including all of Monroe County, are 
considered to be Atlantic group king mackerel.
    Under 50 CFR 622.43(a)(3), NMFS is required to close the commercial 
fishery for a species or species group when the quota for that species 
or species group is reached, or is projected to be reached, by filing a 
notification to that effect with the Office of the Federal Register. 
NMFS projected the fishery for king mackerel in the east coast subzone 
would reach the quota on February 4, 2010, and closed the fishery on 
that date (75 FR 4705, January 29, 2010). However, based on current 
statistics, NMFS has determined that only 93 percent of the available 
commercial quota was landed by that date. Based on daily landings rates 
and the pounds remaining on the quota (approximately 70,000 lb (31,751 
kg)), NMFS has determined the fishery can reopen for 5 days. 
Accordingly, NMFS is reopening the commercial king mackerel fishery in 
the east coast subzone from 12:01 a.m., local time, on March 3, 2010, 
until 12:01 a.m., local time, on March 8, 2010. The fishery will then 
be closed until 12:01 a.m., local time, April 1, 2010, when the 
boundary between the Atlantic and Gulf groups shifts. March 1, 2010, 
was chosen as the reopening day for the fishery based on feedback from 
the fishing industry and weather concerns, which indicated that this 
was the best time to reopen.
    The operator of a vessel with a valid commercial vessel permit for 
king mackerel may not fish for or retain king mackerel prior to 12:01 
a.m., local time, March 3, 2010, and must have landed and bartered, 
traded, or sold such king mackerel prior to 12:01 a.m., local time, 
March 8, 2010.
    During the closed period, no person aboard a vessel for which a 
commercial permit for king mackerel has been issued may fish for or 
retain king mackerel in or from Federal waters of the closed subzone. 
There is one exception, however, for a person aboard a charter vessel 
or headboat. A person aboard a vessel that has a valid charter/headboat 
permit for coastal migratory pelagic fish and a commercial king 
mackerel permit may continue to retain king mackerel in or from the 
closed subzone under the 2-fish daily bag limit, provided the vessel is 
operating as a charter vessel or headboat. Charter vessels or headboats 
that hold a commercial king mackerel permit are considered to be 
operating as a charter vessel or headboat when they carry a passenger 
who pays a fee or when more than three persons are aboard, including 
operator and crew.

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). Allowing prior notice and opportunity for 
public comment on the reopening is unnecessary because the rule 
establishing the annual quota has already been subject to notice and 
comment, and all that remains is to notify the public that additional 
harvest remains in the established quota and, therefore, the fishery 
will reopen for a limited time period.
    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 19, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-4014 Filed 2-23-10; 4:15 pm]
BILLING CODE 3510-22-S