Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Closure, 4307 [2010-1574]

Download as PDF Federal Register / Vol. 75, No. 17 / Wednesday, January 27, 2010 / Rules and Regulations activity involves a combination of visual, cognitive and manual distraction from the driving task. Research has shown that during 6-second intervals immediately preceding safety-critical events (e.g., crashes, near crashes, lane departure), texting drivers took their eyes off the forward roadway an average of 4.6 seconds. Therefore, the use of electronic devices for texting by CMV operators while driving on public roads in interstate commerce decreases safety and is prohibited by 49 CFR 390.17. Issued on: January 22, 2010. Anne S. Ferro, Administrator. [FR Doc. 2010–1573 Filed 1–22–10; 4:15 pm] BILLING CODE 4910–EX–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 001005281–0369–02] RIN 0648–XU01 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. 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, January 23, 2010, through 6 a.m., local time, January 18, 2011. FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727–824– 5305, fax: 727–824–5308, e-mail: Susan.Gerhart@noaa.gov. The fishery for coastal migratory pelagic fish (king mackerel, Spanish mackerel, cero, hsrobinson on DSK69SOYB1PROD with RULES SUPPLEMENTARY INFORMATION: VerDate Nov<24>2008 16:37 Jan 26, 2010 Jkt 220001 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. 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 runaround gillnets and hook-and-line gear (50 CFR 622.42(c)(1)(i)(A)(2)(i)). The southern subzone is that part of the Florida west coast subzone, which from November 1 through March 31, extends south and west from 26°19.8’ N. lat. (a line directly west from the Lee/ Collier County, FL, boundary) to 25°20.4’ N. lat. (a line directly east from the Monroe/Miami-Dade 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 which is between 26°19.8’ N. lat. (a line directly west from the Lee/Collier County, FL, boundary) and 25°48’ N. lat. (a line directly west from the Collier/ Monroe County, FL, boundary), i.e., the area off Collier County (50 CFR 622.42(c)(1)(i)(A)(3)). Under 50 CFR 622.43(a)(3), NMFS is required to close any segment of the PO 00000 Frm 00053 Fmt 4700 Sfmt 9990 4307 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 will be reached on January 23, 2010. 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, January 23, 2010, through 6 a.m., local time, January 18, 2011, the beginning of the next fishing season, i.e., the day after the 2011 Martin Luther King Jr. Federal holiday. Classification This action responds to the best available information recently obtained from the fisheries. 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 requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth in 5 U.S.C. 553(b)(B), as such procedures would be 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 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 would require time and would potentially result in a harvest well in excess of the established quota. 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: January 21, 2010. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2010–1574 Filed 1–22–10; 8:45 am] BILLING CODE 3510–22–S E:\FR\FM\27JAR1.SGM 27JAR1

Agencies

[Federal Register Volume 75, Number 17 (Wednesday, January 27, 2010)]
[Rules and Regulations]
[Page 4307]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1574]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02]
RIN 0648-XU01


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 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, January 23, 2010, 
through 6 a.m., local time, January 18, 2011.

FOR FURTHER INFORMATION CONTACT:  Susan Gerhart, telephone: 727-824-
5305, fax: 727-824-5308, e-mail: Susan.Gerhart@noaa.gov.

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.
    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)).
    The southern subzone is that part of the Florida west coast 
subzone, which from November 1 through March 31, extends south and west 
from 26[deg]19.8' N. lat. (a line directly west from the Lee/Collier 
County, FL, boundary) to 25[deg]20.4' N. lat. (a line directly east 
from the Monroe/Miami-Dade 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 which 
is between 26[deg]19.8' N. lat. (a line directly west from the Lee/
Collier County, FL, boundary) and 25[deg]48' N. lat. (a line directly 
west from the Collier/Monroe County, FL, boundary), i.e., the area off 
Collier County (50 CFR 622.42(c)(1)(i)(A)(3)).
    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 will be reached on January 23, 2010. 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, January 23, 
2010, through 6 a.m., local time, January 18, 2011, the beginning of 
the next fishing season, i.e., the day after the 2011 Martin Luther 
King Jr. Federal holiday.

Classification

    This action responds to the best available information recently 
obtained from the fisheries. 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 requirements to provide 
prior notice and opportunity for public comment pursuant to the 
authority set forth in 5 U.S.C. 553(b)(B), as such procedures would be 
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 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 would require time and would potentially 
result in a harvest well in excess of the established quota.
    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: January 21, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-1574 Filed 1-22-10; 8:45 am]
BILLING CODE 3510-22-S