[Federal Register Volume 76, Number 64 (Monday, April 4, 2011)]
[Rules and Regulations]
[Pages 18415-18416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7930]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 001005281-0369-02]
RIN 0648-XA01
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 northern Florida west coast subzone to the
commercial harvest of king mackerel in or from the exclusive economic
zone (EEZ). This closure is necessary to protect the Gulf king mackerel
resource.
DATES: This rule is effective 12:01 a.m., local time, April 04, 2011,
until 12:01 a.m., local time, July 1, 2011, unless changed by further
notice in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727-824-
5305, or e-mail: [email protected].
SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic
fish (king mackerel, Spanish mackerel, cero, cobia, little tunny, and,
in the Gulf of Mexico (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.
On April 27, 2000, NMFS implemented the final rule (65 FR 16336,
March 28, 2000) that divided the Florida west coast subzone of the Gulf
[[Page 18416]]
of Mexico eastern zone into northern and southern subzones, and
established their separate commercial quotas. The northern Florida west
coast subzone is located in Federal waters of the Gulf north of
26[deg]19.8' N lat. (a line directly west from the Lee/Collier County,
FL boundary) and east of 87[deg]31.1' W long. (a line directly south
from the Alabama/Florida boundary). The quota for the northern subzone
is 168,750 lb (76,544 kg) (50 CFR 622.42(c)(1)(ii)).
In accordance with 50 CFR 622.43(a), NMFS is required to close any
zone to the commercial harvest of king mackerel when the zone's quota
has been reached, or is projected to be reached, by filing a
notification with the Office of the Federal Register. NMFS has
determined the commercial quota for Gulf group king mackerel in the
northern Florida west coast subzone will be reached by April 04, 2011.
Accordingly, commercial fishing for Gulf group king mackerel in the
northern Florida west coast subzone is closed effective 12:01 a.m.,
local time, April 04, 2011, until 12:01 a.m., local time, July 1, 2011,
the end of the current fishing year.
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 the need to immediately implement this commercial
closure 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 resource because the
capacity of the commercial fleet allows for rapid harvest of the quota.
Prior notice and opportunity for public comment would require time and
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 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: March 30, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-7930 Filed 3-30-11; 4:15 pm]
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