[Federal Register Volume 60, Number 38 (Monday, February 27, 1995)]
[Rules and Regulations]
[Pages 10514-10515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4651]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 642

[Docket No. 940710-4292; I.D. 022195E]


Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
South Atlantic; Closure of a Commercial Fishery

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Closure of a commercial fishery for king mackerel.

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SUMMARY: NMFS closes the commercial hook-and-line fishery for king 
mackerel [[Page 10515]] in the exclusive economic zone (EEZ) in the 
Florida west coast sub-zone. This closure is necessary to protect the 
overfished Gulf king mackerel resource.

EFFECTIVE DATE: February 22, 1995, through June 30, 1995.

FOR FURTHER INFORMATION CONTACT: Mark F. Godcharles, 813-570-5305.

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 by regulations at 50 CFR part 642 under 
the authority of the Magnuson Fishery Conservation and Management Act.
    Catch limits recommended by the Councils and implemented by NMFS 
for the Gulf of Mexico migratory group of king mackerel set the 
commercial quota of king mackerel in the Florida west coast sub-zone at 
865,000 lb (392,357 kg). That quota was further divided into two equal 
quotas of 432,500 lb (196,179 kg) for vessels in each of two groups by 
gear types--vessels fishing with run-around gillnets and those using 
hook-and-line gear. The quota for vessels using hook-and-line gear was 
reached and the commercial fishery for vessels using such gear was 
closed December 20, 1994 (59 FR 66276, December 23, 1994). On February 
1, 1995, the fishery was reopened by an emergency interim rule (60 FR 
7134, February 7, 1995) that revised the 1994-95 fishing year 
commercial quota to 732,500 lb (332,256 kg) for vessels using hook-and-
line gear and imposed a daily possession/landing limit of 125 king 
mackerel for such vessels.
    Under the provisions of the emergency interim rule (50 CFR 
642.32(c)), NMFS is required to close the commercial fishery for king 
mackerel for vessels using hook-and-line gear in the Florida west coast 
sub-zone when the revised quota is reached, or is projected to be 
reached, by publishing notification in the Federal Register. NMFS has 
determined that the revised commercial quota of 732,500 lb (332,256 kg) 
for Gulf group king mackerel for vessels using hook-and-line gear in 
the Florida west coast sub-zone was reached on February 21, 1995. 
Hence, the commercial fishery for king mackerel for such vessels in the 
Florida west coast sub-zone is closed effective 12:01 a.m., local time, 
February 22, 1995, through June 30, 1995, the end of the fishing year.
    The Florida west coast sub-zone extends from the Alabama/Florida 
boundary (87 deg.31'06'' W. long.) to (1) the Dade/Monroe County, 
Florida boundary (25 deg.20.4' N. lat.) from November 1 through March 
31; and (2) the Monroe/Collier County, Florida boundary (25 deg.48'' N. 
lat.) from April 1 through October 31.
    NMFS previously determined that the commercial quota of king 
mackerel from the western zone of the Gulf of Mexico was reached and 
closed that segment of the fishery on September 24, 1994 (59 FR 49356, 
September 28, 1994). Subsequently, NMFS determined that the commercial 
quota of king mackerel for vessels using run-around gillnets in the 
Florida west coast sub-zone of the eastern zone of the Gulf of Mexico 
was reached and closed that segment of the fishery on February 3, 1995 
(60 FR 7716, February 9, 1995). Thus, with this closure, all commercial 
fisheries for king mackerel in the EEZ are closed from the U.S./Mexico 
border through the Florida west coast sub-zone through June 30, 1995.
    Except for a person aboard a charter vessel, during the closure, no 
person aboard a vessel permitted to fish under a commercial allocation 
may fish for, retain, or have in possession in the EEZ Gulf group king 
mackerel from the closed zones. A person aboard a charter vessel may 
continue to fish for king mackerel in the closed zones under the bag 
limit set forth in Sec. 642.24(a)(1)(i), provided the vessel is under 
charter and the vessel has an annual charter vessel permit, as 
specified in Sec. 642.4(a)(2). A charter vessel with a permit to fish 
on a commercial allocation is under charter when it carries a passenger 
who fishes for a fee or when there are more than three persons aboard, 
including operator and crew.
    During the closure, king mackerel from the closed zones taken in 
the EEZ, including those harvested under the bag limit, may not be 
purchased, bartered, traded, or sold. This prohibition does not apply 
to trade in king mackerel from the closed zones that were harvested, 
landed, and bartered, traded, or sold prior to the closure and held in 
cold storage by a dealer or processor.

Classification

    This action is taken under 50 CFR 642.32(c) and is exempt from 
under E.O. 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: February 21, 1995.
David S. Crestin,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 95-4651 Filed 2-21-95; 5:02 pm]
BILLING CODE 3510-22-F