[Federal Register: November 17, 2003 (Volume 68, Number 221)]
[Rules and Regulations]
[Page 64820-64821]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17no03-9]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 001005281-0369-02; I.D. 111203A]
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.
-----------------------------------------------------------------------
SUMMARY: NMFS closes the commercial fishery for king mackerel in the
exclusive economic zone (EEZ) in the northern Florida west coast
subzone. This closure is necessary to protect the Gulf king mackerel
resource.
DATES: The closure is effective 12 noon local time, November 13, 2003,
through June 30, 2004.
FOR FURTHER INFORMATION CONTACT: Mark Godcharles, telephone 727-570-5727, 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
northern Florida west coast subzone is 168,750 lb (76,544 kg)(50 CFR
622.42(c)(1)(i)(A)(2)(ii)).
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 168,750 lb (76,544 kg) for Gulf group king mackerel in the northern
Florida west coast subzone was reached on November 12, 2003.
Accordingly, the commercial fishery for king mackerel in the northern
Florida west coast subzone is closed at 12 noon, local time, November
13, 2003, through June 30, 2004, the end of the fishing year.
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 northern
subzone is that part of the Florida west coast subzone that is between
26[deg]19.8' N. lat. (a line directly west from the Lee/Collier County,
FL boundary) and 87deg;31'06'' W. long. (a line directly south from the
Alabama/Florida boundary).
NMFS previously determined that the commercial quota for king
mackerel from the western zone of the Gulf of Mexico was reached and
closed that segment of the fishery on September 24, 2003 (68 FR 55554,
September 26, 2003). Thus, with this closure, all commercial fisheries
for Gulf group king mackerel in the EEZ are closed from the U.S./Mexico
border through the northern Florida west coast subzone through June 30,
2004.
Except for a person aboard a charter vessel or headboat, during the
closure, no person aboard a vessel for which a commercial permit for
king mackerel has been issued may fish for Gulf group king mackerel in
the EEZ in the closed zones or subzones. A person aboard a vessel that
has a valid charter vessel/headboat permit for coastal migratory
pelagic fish may continue to retain king mackerel in or from the closed
zones or subzones under the bag and possession limits set forth in 50
CFR 622.39(c)(1)(ii) and (c)(2), provided the vessel is operating as a
charter vessel or headboat. A charter vessel or headboat that also has
a commercial king mackerel permit is considered to be operating as a
charter vessel or headboat when it carries a passenger who pays a fee
or when there are more than three persons aboard, including operator
and crew.
During the closure, king mackerel from the closed zones or subzones
taken in the EEZ, including those harvested under the bag and
possession limits, may not be purchased or sold. This prohibition does
not apply to trade in king mackerel from the closed zones or subzones
that were harvested, landed ashore, and sold prior to the closure and
were held in cold storage by a dealer or processor.
Classification
This action responds to the best available information recently
obtained from the fishery. The Assistant
[[Page 64821]]
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)(3)(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 itself already has 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 is contrary to the
public interest because of the need to immediately implement this
action in order to protect the fishery since the capacity of the
fishing fleet allows for rapid harvest of the quota. Prior notice and
opportunity for public comment will 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: November 12, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 03-28656 Filed 11-12-03; 2:31 pm]
BILLING CODE 3510-22-S