[Federal Register Volume 76, Number 39 (Monday, February 28, 2011)]
[Rules and Regulations]
[Pages 10778-10779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4365]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02]
RIN 0648-XA245


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 sector for king mackerel in the 
Florida east coast subzone. This closure is necessary to protect the 
Gulf king mackerel resource.

DATES: The closure is effective 12:01 a.m., local time, February 26, 
2011, until 12:01 a.m., local time, April 1, 2011.

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

[[Page 10779]]

(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)).
    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, by 
filing a notification with the Office of the Federal Register. NMFS has 
determined that the commercial quota of 1,040,625 lb (472,000 kg) for 
Gulf group king mackerel in the Florida east coast subzone will be 
reached on February 26, 2011. Accordingly, the commercial sector for 
king mackerel in the Florida east coast subzone is closed at 12:01 
a.m., local time, February 26, 2011, until 12:01 a.m., local time, 
April 1, 2011.
    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[min] N. lat. (a line directly east from the Miami-Dade/
Monroe County, FL, boundary) to 29[deg]25[min]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.

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 Florida east coast subzone to commercial king mackerel 
fishing constitutes good cause to waive the requirements 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 
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.
    Allowing 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 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 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, 2011.
Margo Schulze-Haugen,
Acting Director, Office Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-4365 Filed 2-23-11; 4:15 pm]
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