[Federal Register Volume 76, Number 24 (Friday, February 4, 2011)]
[Rules and Regulations]
[Pages 6364-6365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2531]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02]
RIN 0648-XA195


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South 
Atlantic

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 southern Florida west coast subzone in the 
exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) to 
commercial king mackerel fishing using run-around gillnets. This 
closure is necessary to protect the Gulf king mackerel resource.

DATES: The closure is effective 6 a.m., local time, February 2, 2011, 
through 6 a.m., local time, January 17, 2012.

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 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 (50 CFR 622.42(c)(1)(i)(A)(3)).
    Under 50 CFR 622.43(a)(3), NMFS is required to close any segment of 
the king mackerel commercial sector 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 will 
be reached on February 3, 2011. Accordingly, commercial fishing for 
such vessels in the southern Florida west coast subzone is closed at 6 
a.m., local time, February 3, 2011, through 6 a.m., local time, January 
17, 2012, the beginning of the next fishing season, i.e., the day after 
the 2012 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 (AA), 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). Such procedures would be 
unnecessary because the rule implementing the quota and the associated 
requirement for closure of the commercial harvest when the quota is 
reached or projected to be reached has already been subject to notice 
and comment, and all that remains is to notify the public of the 
closure.
    Providing prior notice and opportunity for public comment on this 
action would be contrary to the public interest because any delay in 
the closure of the commercial harvest could result

[[Page 6365]]

in the commercial quota being exceeded. There is a need to immediately 
implement this action to protect the king mackerel resource because the 
capacity of the fishing fleet allows for rapid harvest of the quota. 
Prior notice and opportunity for public comment would 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 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 1, 2011.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-2531 Filed 2-1-11; 4:15 pm]
BILLING CODE 3510-22-P