Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Closure, 7402 [2010-3092]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 75, Number 33 (Friday, February 19, 2010)]
[Rules and Regulations]
[Page 7402]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3092]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02]
RIN 0648-XU33


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 hook-and-line fishery 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, February 15, 
2010, through June 30, 2010.

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.
    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 for the hook-and-line fishery 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 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 the commercial quota for 
Gulf group king mackerel in the southern Florida west coast subzone 
will be reached by February 15, 2010. Accordingly, the commercial 
fishery for Gulf group king mackerel in the southern subzone is closed 
effective 12:01 a.m., local time, February 15, 2010, through June 30, 
2010, 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 fishery. The Assistant Administrator for Fisheries, 
NOAA (AA), 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.
    For the aforementioned reasons, the AA also finds good cause to 
waive the 30-day delay in effectiveness of the 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: February 12, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-3092 Filed 2-12-10; 4:15 pm]
BILLING CODE 3510-22-S