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[Federal Register Volume 65, Number 226 (Wednesday, November 22, 2000)]
[Rules and Regulations]
[Pages 70317-70318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29882]

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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.

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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.

[[Page 70318]]

FOR FURTHER INFORMATION CONTACT: Mark Godcharles, telephone 727-570-
5305; fax 727-570-5583; e-mail: [email protected].

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 deg.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 deg.19.8' N. lat. (a line directly west from the Lee/Collier County, 
FL, boundary) and 87 deg.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]
BILLING CODE 3510-22-S
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