[Federal Register Volume 76, Number 57 (Thursday, March 24, 2011)]
[Rules and Regulations]
[Pages 16547-16548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6981]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02]
RIN 0648-XA264


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 hook-and-line component of the commercial 
sector 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, March 23, 2011, 
through June 30, 2011.

FOR FURTHER INFORMATION CONTACT: Steve Branstetter, 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 king mackerel quota for the hook-and-line 
component of the commercial sector 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 sector when its quota has been reached, or 
is projected to be reached, by filing a notification with the Office of 
the Federal Register. NMFS has determined the commercial quota for Gulf 
group king mackerel in the southern Florida west coast subzone will be 
reached by March 23, 2011. Accordingly, the commercial sector for Gulf 
group king mackerel in the southern subzone is closed effective 12:01 
a.m., local time, March 23, 2011, through June 30, 2011, the end of the 
fishing year.
    From November 1 through March 31, the southern subzone is that part 
of the Florida west coast subzone off Collier and Monroe Counties, 
Florida. This is the area south and west from 25[deg]20.4'N. lat. (a 
line directly east from the Miami-Dade/Monroe County boundary on the 
east coast of Florida) to 26[deg]19.8' N. lat. (a line directly west 
from the Lee/Collier County boundary on the west coast of Florida). 
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.
    During the closure period, no person aboard a vessel for which a 
commercial permit for king mackerel has been issued may fish for or 
retain Gulf group king mackerel in 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 and also has a commercial king mackerel permit for 
coastal migratory pelagic fish 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 fisheries. The Assistant Administrator for Fisheries, 
NOAA (AA), finds that the need to immediately implement this action to 
close the hook-and-line component of the commercial sector for king 
mackerel in the southern Florida west coast subzone 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.


[[Page 16548]]


    Dated: March 21, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-6981 Filed 3-21-11; 4:15 pm]
BILLING CODE 3510-22-P