Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Closure, 7118 [2011-2895]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 76, Number 27 (Wednesday, February 9, 2011)]
[Rules and Regulations]
[Page 7118]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2895]



[[Page 7118]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02]
RIN 0648-XA199


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 western zone of the Gulf of Mexico (Gulf) to 
commercial king mackerel fishing in the exclusive economic zone (EEZ). 
This closure is necessary to protect the Gulf king mackerel resource.

DATES: The closure is effective noon, local time, February 11, 2011, 
until 12:01 a.m., local time, on July 1, 2011.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, 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 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.
    Commercial fishing for the Gulf migratory group of king mackerel in 
the western zone is managed under a quota of 1.01 million lb (0.46 
million kg) (66 FR 17368, March 30, 2001) for the current fishing year, 
July 1, 2010, through June 30, 2011.
    Under 50 CFR 622.43(a)(3), NMFS is required to close any segment of 
the king mackerel commercial sector 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 of 1.01 
million lb (0.46 million kg) for Gulf group king mackerel in the 
western zone will be reached by February 11, 2011. Accordingly, the 
western zone is closed effective noon, local time, February 11, 2011, 
through June 30, 2011, the end of the fishing year to commercial 
fishing for Gulf group king mackerel. The boundary between the eastern 
and western zones is 87[deg]31'06'' W. long., which is a line directly 
south from the Alabama/Florida boundary.
    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 or retain 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 zone 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 fisheries. The Assistant Administrator for Fisheries, 
NOAA (AA), finds that the need to immediately implement this action to 
close the western zone of the Gulf to commercial king mackerel fishing 
constitutes good cause to waive the requirements to provide prior 
notice and opportunity for public comment pursuant to the authority set 
forth at 5 U.S.C. 553(b)(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 implementing the quota 
and the associated requirement for closure of the commercial harvest 
when the quota is reached or projected to be reached has already 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 on this 
action would be contrary to the public interest because any delay in 
the closure of the commercial harvest could result in the commercial 
quota being exceeded. There is a need to immediately implement this 
action to protect the king mackerel resource because 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 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: February 4, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-2895 Filed 2-4-11; 4:15 pm]
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