[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: <a href="/cdn-cgi/l/email-protection#7d0e080e1c13531a180f151c0f093d13121c1c531a120b"><span class="__cf_email__" data-cfemail="7c0f090f1d12521b190e141d0e083c12131d1d521b130a">[email protected]</span></a>.

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]
BILLING CODE 3510-22-P


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