[Federal Register: March 17, 1999 (Volume 64, Number 51)] [Rules and Regulations] [Page 13120-13121] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr17mr99-21] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 961204340-7087-02; I.D. 031299A] 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 Florida east coast subzone. This closure is necessary to protect the overfished Gulf king mackerel resource. DATES: Effective 12:01 a.m., local time, March 13, 1999, through March 31, 1999. FOR FURTHER INFORMATION CONTACT: Mark Godcharles, 727-570-5305. 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). [[Page 13121]] The FMP was prepared by the Gulf of Mexico and by the South Atlantic Fishery Management Councils (Councils) and is implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act by regulations at 50 CFR part 622. Based on the Councils' recommended total allowable catch and the allocation ratios in the FMP, NMFS implemented a commercial quota for the Gulf of Mexico migratory group of king mackerel in the Florida east coast subzone of 1.17 million lb (0.53 million kg) (50 CFR 622.42(c)(1)(i)(A)(1). The Florida east coast subzone extends from 25 deg.20.4' N. lat. (due east of the Dade/Monroe County, FL, boundary) to 29 deg.25' N. lat. (due east of the Flagler/Volusia County, FL, boundary) through March 31, 1999. 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 1.17 million lb (0.53 million kg) for Gulf group king mackerel for vessels fishing in the Florida east coast subzone was reached on March 12, 1999. Accordingly, the commercial fishery for king mackerel for such vessels in the Florida east coast subzone is closed effective 12:01 a.m., local time, March 13, 1999, through March 31, 1999. The closure remains in effect until April 1, 1999, when the boundary separating the Gulf from the Atlantic migratory group of king mackerel shifts from the east coast to the west coast of Florida. 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 retain Gulf group king mackerel in or from the EEZ of the closed zones. 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 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 that were harvested, landed ashore, sold prior to the closure, and held in cold storage by a dealer or processor. Classification This action is taken under 50 CFR 622.43(a)(3) and is exempt from review under E.O. 12866. Authority: 16 U.S.C. 1801 et seq. Dated: March 12, 1999. Bruce C. Morehead, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 99-6494 Filed 3-12-99; 3:28 pm] BILLING CODE 3510-22-F