[Federal Register: February 7, 2003 (Volume 68, Number 26)]
[Rules and Regulations]
[Page 6360-6361]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07fe03-11]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 001005281-0369-02; I.D. 020303C]
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: Closure.
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SUMMARY: NMFS closes the commercial run-around gillnet fishery for
king mackerel in the exclusive economic zone (EEZ) in the southern
Florida west coast subzone. This closure is necessary to protect the
Gulf king mackerel resource.
DATES: The closure is effective 6 a.m., local time, February 4, 2003,
through 6 a.m., January 20, 2004.
FOR FURTHER INFORMATION CONTACT: Mark Godcharles, telephone:727-570-
5305, fax:727-570-5583, e-mail: Mark.Godcharles@noaa.gov.
SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic
fish (king mackerel, Spanish mackerel, cero, cobia, little tunny,
dolphin, and, in the Gulf of Mexico only, 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)).
Under 50 CFR 622.43(a)(3), 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 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 was reached on February 3, 2003. Accordingly, the commercial
fishery for king mackerel for such vessels in the southern Florida west
coast subzone is closed at 6 a.m., local time, February 4, 2003,
through 6 a.m., January 20, 2004, the beginning of the next fishing
season, i.e., the day after the 2004 Martin Luther King Jr. Federal
holiday.
The Florida west coast subzone is that part of the eastern zone
south and west of 25[deg]20.4' N. lat. (a line directly east from the
Miami-Dade County, FL boundary). The Florida west coast subzone is
further divided into northern and southern subzones. The southern
subzone is that part of the Florida west coast subzone that, from
November 1 through March 31, extends 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, 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 that is between 26[deg]19.8' N.
lat. and 25[deg]48' N. lat.(a line directly west from the Monroe/
Collier County, FL boundary), i.e., the area off Collier County.
Classification
This action responds to the best available information recently
obtained from the fishery. The Assistant Administrator for Fisheries,
NOAA, finds that the need to immediately implement this action to close
the fishery constitutes good cause to waive the requirement to provide
prior notice and opportunity for public comment pursuant to the
authority set forth in 5 U.S.C. 553(b)(3)(B), as such procedures would
be unnecessary and contrary to the public interest. Similarly, there is
a need to implement these measures in a timely fashion to prevent an
overrun of the commercial quota of Gulf group king mackerel, given the
capacity of the
[[Page 6361]]
fishing fleet to harvest the quota quickly. Any delay in implementing
this action would be impractical and contradictory to the Magnuson-
Stevens Act, the FMP, and the public interest. NMFS finds for good
cause that the implementation of this action cannot be delayed for 30
days. Accordingly, under 5 U.S.C. 553(d), a delay in the effective date
is waived.
This action is taken under 50 CFR 622.43(a) and is exempt from
review under Executive Order 12866.
Authority: Authority:16 U.S.C. 1801 et seq.
Dated:February 3, 2003.
Richard W. Surdi,
Acting Director, Office Of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 03-2990 Filed 2-3-03; 4:55 pm]
BILLING CODE 3510-22-S