7402 Federal Register / Vol. 75, No. 33 / Friday, February 19, 2010 / Rules and Regulations 

(B) Twine size. The twine is at least 

0.031 inches (0.81 mm) in diameter. 

(C) Size of nets. Individual nets or net 

panels are not more than 300 ft (91.4 m 

or 50 fathoms) in length. 

(D) Number of nets. The total number 

of individual nets or net panels for a 

vessel, including all nets on board the 

vessel, hauled by the vessel or deployed 

by the vessel, does not exceed 45. 

(E) Number of nets per string. The 

total number of nets or net panels in a 

net string does not exceed 7. 

(F) Tie-down system. Tie-downs are 

prohibited. 

(c) Research permits. An exemption to 

the requirements set forth in this section 

may be acquired for the purposes of 

conducting scientific or gear research 

within the restricted areas described in 

this section. A scientific research permit 

must be acquired through NMFS’ 

existing permit application process, 

administered by NMFS. 

(d) Other special measures. The 

Assistant Administrator may revise the 

requirements of this section through 

notification published in the Federal 

Register if NMFS determines that the 

boundary or timing of a closed area is 

inappropriate, or that gear modifications 

are not reducing bycatch to below the 

stock’s PBR level. 

[FR Doc. 2010–3273 Filed 2–18–10; 8:45 am] 

BILLING CODE 3510–22–P 

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. 

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° 20.4’ 

N. lat. (a line directly east from the 

Miami-Dade/Monroe County boundary 

on the east coast of Florida) to 26° 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° 

48’ N. lat. and 26° 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 


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