Federal Register / Vol. 75, No. 38 / Friday, February 26, 2010 / Rules and Regulations 8819 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 040205043–4043–01] 

RIN 0648–XU38 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; 

Reopening of the Gulf Group King 

Mackerel East Coast Subzone 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reopening. 

SUMMARY: NMFS reopens the 

commercial fishery for Gulf group king 

mackerel in the exclusive economic 

zone (EEZ) of the east coast subzone. 

NMFS previously determined the quota 

for this commercial fishery would be 

reached by February 4, 2010. The latest 

estimates for landings indicate the quota 

was not reached by that date. 

Consequently, NMFS will reopen this 

fishery for 5 days. The purpose of this 

action is to allow the fishery to 

maximize harvest benefits and at the 

same time protect the king mackerel 

resource. 

DATES: The reopening is effective 12:01 

a.m., local time, March 3, 2010, until 

12:01 a.m., local time, on March 8, 2010. 

The fishery will then be closed until the 

end of the fishing season, 12:01 a.m., 

local time, April 1, 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. 

Based on the Councils’ recommended 

total allowable catch and the allocation 

ratios in the FMP, on April 30, 2001, (66 

FR 17368, March 30, 2001) NMFS 

implemented a commercial quota of 

2.25 million lb (1.02 million kg) for the 

eastern zone (Florida) of the Gulf 

migratory group of king mackerel. That 

quota is further divided into separate 

quotas for the Florida east coast subzone 

and the northern and southern Florida 

west coast subzones. The quota 

implemented for the Florida east coast 

subzone is 1,040,625 lb (472,020 kg) (50 

CFR 622.42(c)(1)(i)(A)(1)). 

From November 1 through March 31 

the Florida east coast subzone of the 

Gulf group king mackerel is that part of 

the eastern zone north of 25°20.4′ N. lat. 

(a line directly east from the MiamiDade/Monroe County, FL, boundary) to 

29°25′N. lat. (a line directly east from 

the Flagler/Volusia County, FL, 

boundary). Beginning April 1, the 

boundary between Atlantic and Gulf 

groups of king mackerel shifts south and 

west to the Monroe/Collier County 

boundary on the west coast of Florida. 

From April 1 through October 31, king 

mackerel harvested along the east coast 

of Florida, including all of Monroe 

County, are considered to be Atlantic 

group king mackerel. 

Under 50 CFR 622.43(a)(3), NMFS is 

required to close the commercial fishery 

for a species or species group when the 

quota for that species or species group 

is reached, or is projected to be reached, 

by filing a notification to that effect with 

the Office of the Federal Register. NMFS 

projected the fishery for king mackerel 

in the east coast subzone would reach 

the quota on February 4, 2010, and 

closed the fishery on that date (75 FR 

4705, January 29, 2010). However, based 

on current statistics, NMFS has 

determined that only 93 percent of the 

available commercial quota was landed 

by that date. Based on daily landings 

rates and the pounds remaining on the 

quota (approximately 70,000 lb (31,751 

kg)), NMFS has determined the fishery 

can reopen for 5 days. Accordingly, 

NMFS is reopening the commercial king 

mackerel fishery in the east coast 

subzone from 12:01 a.m., local time, on 

March 3, 2010, until 12:01 a.m., local 

time, on March 8, 2010. The fishery will 

then be closed until 12:01 a.m., local 

time, April 1, 2010, when the boundary 

between the Atlantic and Gulf groups 

shifts. March 1, 2010, was chosen as the 

reopening day for the fishery based on 

feedback from the fishing industry and 

weather concerns, which indicated that 

this was the best time to reopen. 

The operator of a vessel with a valid 

commercial vessel permit for king 

mackerel may not fish for or retain king 

mackerel prior to 12:01 a.m., local time, 

March 3, 2010, and must have landed 

and bartered, traded, or sold such king 

mackerel prior to 12:01 a.m., local time, 

March 8, 2010. 

During the closed period, no person 

aboard a vessel for which a commercial 

permit for king mackerel has been 

issued may fish for or retain king 

mackerel in or from 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 for coastal migratory 

pelagic fish and a commercial king 

mackerel permit 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 good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B). Allowing prior notice 

and opportunity for public comment on 

the reopening is unnecessary because 

the rule establishing the annual quota 

has already been subject to notice and 

comment, and all that remains is to 

notify the public that additional harvest 

remains in the established quota and, 

therefore, the fishery will reopen for a 

limited time period. 

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 19, 2010. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–4014 Filed 2–23–10; 4:15 pm] 

BILLING CODE 3510–22–S 


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