9770 Federal Register / Vol. 74, No. 43 / Friday, March 6, 2009 / Rules and Regulations 

(c) Regulations. (1) No person or 

vessel may enter into the security zone 

described in paragraph (a) of this 

section unless authorized by the Captain 

of the Port San Juan. 

(2) Vessels seeking to enter the 

security zone established in this section 

may contact the COTP on VHF channel 

16 or by telephone at (787) 289–2041 to 

request permission. 

Dated: February 5, 2009. 

E. Pino, 

Captain, U.S. Coast Guard, Captain of the 

Port San Juan. 

[FR Doc. E9–4812 Filed 3–5–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 001005281–0369–02] 

RIN 0648–XN55 

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 

fishery for king mackerel in the Florida 

east coast subzone. This closure is 

necessary to protect the Gulf king 

mackerel resource. 

DATES: The closure is effective 12:01 

a.m., local time, March 6, 2009, until 

12:01 a.m., local time, April 1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Susan Gerhart, telephone: 727–824– 

5305, 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 commercial 

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)). 

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, by filing a 

notification at the Office of the Federal 

Register. NMFS has determined that the 

commercial quota for Gulf group king 

mackerel in the Florida east coast 

subzone will be reached on March 6, 

2009. Accordingly, the commercial 

fishery for king mackerel in the Florida 

east coast subzone is closed at 12:01 

a.m., local time, March 6, 2009, until 

12:01 a.m., local time, April 1, 2009. 

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. 

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) as such prior notice 

and opportunity for public comment is 

unnecessary and contrary to the public 

interest. Such procedures would be 

unnecessary because the rule itself has 

already 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 in 

order to protect the fishery because the 

capacity of the fishing fleet allows for 

rapid harvest of the quota. Prior notice 

and opportunity for public comment 

will 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 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: March 2, 2009. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–4789 Filed 3–3–09; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 090206152–9249–01] 

RIN 0648–AX61 

Fisheries of the Northeastern United 

States; Atlantic Deep-Sea Red Crab 

Fishery; Emergency Rule 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; emergency 

action; request for comments. 

SUMMARY: NMFS is implementing 

emergency measures to reduce the target 

total allowable catch (TAC) and 

associated days-at-sea (DAS) allocations 

in the Atlantic deep-sea red crab fishery, 

based on new scientific information. 

The red crab stock was assessed by the 

Data Poor Stocks Working Group in the 

fall of 2008, and a final report published 

in January 2009 indicates that the 

current estimate of maximum 

sustainable yield (MSY) for red crab is 

no longer reliable. The actions of this 

final rule are necessary to comply with 

the objectives of the Deep-Sea Red Crab 

Fishery Management Plan (FMP), as 

well as to ensure compliance with the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). This action is 

intended to prevent unsustainable 

fishing of the red crab resource. 

DATES: This rule is effective April 6, 

2009, through September 2, 2009. 

mstockstill on PROD1PC66 with RULES