Federal Register / Vol. 65, No. 226 / Wednesday, November 22, 2000 / Rules and Regulations 70317

marking requirements implementing the

Atlantic Large Whale Take Reduction

Plan (ALWTRP). These requirements

were suspended until November 1,

2000. It was the agency’s intent to

extend that suspension indefinitely

until a modified gear marking program

is implemented. Because of a delay in

preparing an extension of the

suspension, these gear marking

requirements inadvertently went into

effect. The intent of this action is to

remove the existing requirements.

DATES: Effective November 21, 2000.

FOR FURTHER INFORMATION CONTACT:

Douglas Beach, NMFS, Northeast

Region, 978-281-9254; or Patricia

Lawson, NMFS, Office of Protected

Resources, 301-713-2322.

SUPPLEMENTARY INFORMATION:

Background

On February 16, 1999, NMFS

published a final rule (64 FR 7529)

implementing the ALWTRP. Among

other measures, the final rule required

gear marking in all fisheries covered by

the ALWTRP by April 1, 1999.

The Atlantic Large Whale Take

Reduction Team (ALWTRT) met on

February 8-10, 1999, discussed the gear

marking program in detail, found that

the plan would not meet ALWTRT and

NMFS goals and recommended by

consensus that NMFS suspend the

implementation of the gear marking

requirement until November 1, 1999, or

until a better system was designed. On

April 9, 1999 (64 FR 17292), NMFS

issued a final rule that suspended the

gear marking program until November 1,

1999. On December 30, 1999 (64 FR

73434), NMFS extended the suspension

until November 1, 2000. Because of a

delay in preparing an extension of this

suspension, these gear marking

requirements went into effect. It was not

the intent of the agency for this to

happen. A new gear marking program

will be implemented by an interim final

rule currently in preparation. In order to

spare fishermen the expense of having

to adhere for a short period of time to

gear marking requirements that will be

modified in the near future, NMFS is

removing and reserving these

requirements. The other provisions of

this final rule implementing the

ALWTRP, including the gear marking

requirements for the Southeast U.S.

fisheries covered by the ALWTRP,

remain in effect.

Classification

This final rule has been determined to

be not significant for purposes of

Executive Order 12866.

NMFS prepared a Supplemental

Environmental Assessment (EA) for the

final rule (64 FR 73434) extending the

suspension of the effective dates of the

gear marking requirements and found

that action not to have a significant

environmental impact. Since this final

rule addresses an action previously

analyzed in an EA, it is categorically

excluded from further environmental

review under section 5.05b of NOAA

Administrative Order 216-6.

A biological opinion (BO) on the

ALWTRP was completed on July 15,

1997. That BO concluded that

implementation of the ALWTRP and

continued operation of fisheries

conducted under the American Lobster

and Northeast Multispecies Fishery

Management Plans (FMPs), and

southeastern shark gillnet component of

the Shark FMP, may adversely affect,

but were not likely to jeopardize the

continued existence of, any listed

species of large whale or sea turtle

under NMFS jurisdiction. NMFS

conducted an informal consultation and

made the determination that the April 9,

1999, final rule (64 FR 17292), did not

change the basis for that BO. Therefore,

NMFS also found this action does not

change the basis for that BO.

Removing the ALWTRP gear marking

requirement for northeast U.S. fisheries

will have no adverse impacts on marine

mammals. (EA, 1999) In addition, this

final rule does not affect the

determination that the ALWTRP will be

implemented in a manner that is

consistent to the maximum extent

practicable with the approved coastal

management programs of the Atlantic

states.

The Assistant Administrator for

Fisheries Noaa, (AA), for good cause,

finds, under 5 U.S.C. 553(b)(B), that

delaying this final rule to allow for prior

notice and an opportunity for public

comment would be contrary to the

public interest. It would not be fair to

subject fishermen to the expense of

having to comply with gear marking

requirements that do not meet the goals

of the ALWTRP in which the agency

intends to replace in the immediate near

future with a new gear marking

program. For the same reason, the AA

finds, for good cause under 5 U.S.C.

553(d)(3) that delaying the effectiveness

of this final rule for 30 days would be

contrary to the public interest.

Furthermore, since this final rule

relieves a restriction, under 5 U.S.C.

553(d)(1) it is not subject to a 30-day

delay in effective date.

Because publishing a general notice of

proposed rulemaking is not required for

this action by 5 U.S.C. 553 or by any

other law, the analytical requirements of

the Regulatory Flexibility Act (5 U.S.C.

601 et seq.) are inapplicable.

This final rule removes a collectionof-information requirement previously

approved by OMB (OMB control

number: 0648-0364).

List of Subjects in 50 CFR Part 229

Administrative practice and

procedure, Confidential business

information, Fisheries, Marine

Mammals, Reporting and recordkeeping requirements.

Dated: November 16, 2000.

W.T. Hogarth,

Deputy Assistant Administrator, National

Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR Part 229 is amended

as follows:

PART 229—AUTHORIZATION FOR

COMMERCIAL FISHERIES UNDER THE

MARINE MAMMAL PROTECTION ACT

OF 1972

1. The authority citation for part 229

continues to read as follows:

Authority: 16 U.S.C. 1361 et seq.

§ 229.32 [Amended]

2. In § 229.32, paragraphs (b),

(c)(3)(ii), (c)(4)(ii), (c)(5)(ii), (d)(2)(ii),

(d)(3)(ii), (d)(4)(ii), and (d)(5)(ii) are

removed and reserved.

FR Doc. 00–29923 Filed 11–21–00; 8:45 am]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[Docket No. 991008273–0070–02; I.D.

111600A]

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: Closure.

SUMMARY: NMFS closes the commercial

fishery for king mackerel in the

exclusive economic zone (EEZ) in the

northern Florida west coast subzone.

This closure is necessary to protect the

overfished Gulf king mackerel resource.

DATES: The closure is effective 12:01

a.m., local time, November 19, 2000,

through June 30, 2001.

70318 Federal Register / Vol. 65, No. 226 / Wednesday, November 22, 2000 / Rules and Regulations

FOR FURTHER INFORMATION CONTACT:

Mark Godcharles, telephone 727–570–

5305; fax 727–570–5583; e-mail:

Mark.Godcharles@noaa.gov.

SUPPLEMENTARY INFORMATION: The

fishery for coastal migratory pelagic fish

(king mackerel, Spanish mackerel, cero,

cobia, little tunny, dolphin, and, in the

Gulf of Mexico only, 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 February 19, 1998

(63 FR 8353), NMFS implemented a

commercial quota of 2.34 million lb

(1.06 million kg) for the eastern zone

(Florida) of the Gulf migratory group of

king mackerel. On April 27, 2000,

NMFS’ implemented final rule (65 FR

16336, March 28, 2000) divided the

Florida west coast subzone of the

eastern zone into northern and southern

subzones and established a separate

quota for the northern Florida west

coast subzone of 175,500 lb (79,606

kg)(50 CFR 622.42(c)(1)(i)(A)(2)(ii)).

Under 50 CFR 622.43(a)(3), 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 that the

commercial quota of 175,500 lb (79,606

kg) for Gulf group king mackerel in the

northern Florida west coast subzone

was reached on November 15, 2000.

Accordingly, the commercial fishery for

king mackerel in the northern Florida

west coast subzone is closed at 12:01

a.m., local time, November 19, 2000,

through June 30, 2001, the end of the

fishing year.

The Florida west coast subzone is that

part of the eastern zone south and west

of 25°20.4’ N. lat. (a line directly east

from the Miami-Dade County, FL,

boundary). The Florida west coast

subzone is further divided into northern

and southern subzones. The northern

subzone is that part of the Florida west

coast subzone that is between 26°19.8’

N. lat. (a line directly west from the Lee/

Collier County, FL, boundary) and

87°31’06’ W. long. (a line directly south

from the Alabama/Florida boundary).

NMFS previously determined that the

commercial quota for king mackerel

from the western zone of the Gulf of

Mexico was reached and closed that

segment of the fishery on August 26,

2000 (65 FR 52350, August 29, 2000).

Thus, with this closure, all commercial

fisheries for Gulf group king mackerel in

the EEZ are closed from the U.S./Mexico

border through the northern Florida

west coast subzone through June 30,

2001.

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 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. Note, however, that the bag

limit for an operator or crew member of

a charter vessel or headboat is zero. 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 zones or subzones 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 fishery. The closure must be

implemented immediately to prevent an

overrun of the commercial quota (50

CFR 622.42(c)(1)) of Gulf group king

mackerel, given the capacity of the

fishing fleet to harvest the quota

quickly. Overruns could potentially lead

to further overfishing and unnecessary

delays in rebuilding this overfished

resource. Any delay in implementing

this action would be impractical and

contradictory to the Magnuson-Stevens

Act, the FMP, and the public interest.

NMFS finds, for good cause, that the

implementation of this action cannot be

delayed for 30 days. Accordingly, under

5 U.S.C. 553(d), a delay in the effective

date is waived.

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: November 17, 2000.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 00–29882 Filed 11–17–00; 4:20 pm]

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