54490 Federal Register / Vol. 74, No. 203 / Thursday, October 22, 2009 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 001005281–0369–02] 

RIN 0648–XS51 

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 

exclusive economic zone (EEZ) in the 

northern Florida west coast subzone of 

the Gulf of Mexico. This closure is 

necessary to protect the Gulf king 

mackerel resource. 

DATES: The closure is effective 12:01 

a.m., local time, October 24, 2009, 

through June 30, 2010. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Steve Branstetter, 727–551–5796, fax: 

727–824–5308, e-mail: 

Steve.Branstetter@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. 

On April 27, 2000, NMFS 

implemented the final rule (65 FR 

16336, March 28, 2000) that divided the 

Florida west coast subzone of the 

eastern zone into northern and southern 

subzones, and established their separate 

quotas. The quota for the northern 

Florida west coast subzone is 168,750 lb 

(76,544 kg)(50 CFR 

622.42(c)(1)(i)(A)(2)(ii)). 

Under 50 CFR 622.43(a), 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 with the Office of the 

Federal Register. NMFS has determined 

the commercial quota of 168,750 lb 

(76,544 kg) for Gulf group king mackerel 

in the northern Florida west coast 

subzone will be reached by October 24, 

2009. Accordingly, the commercial 

fishery for Gulf group king mackerel in 

the northern Florida west coast subzone 

is closed effective 12:01 a.m., local time, 

October 24, 2009, through June 30, 

2010, 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 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). 

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 or retain 

Gulf group king mackerel in the EEZ in 

the closed subzone. 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. 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 subzone 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 subzone 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 fisheries. The Assistant 

Administrator for Fisheries, NOAA, 

finds that the need to immediately 

implement this action to close the 

fishery constitutes good cause to waive 

the requirements to provide prior notice 

and opportunity for public comment 

pursuant to the authority set forth in 5 

U.S.C. 553(b)(3)(B), as such procedures 

would be unnecessary and contrary to 

the public interest. Such procedures 

would be unnecessary because the rule 

itself already has been subject to notice 

and comment, and all that remains is to 

notify the public of the closure. 

NMFS also finds good cause that the 

implementation of this action cannot be 

delayed for 30 days. There is a need to 

implement this measure in a timely 

fashion to prevent an overrun of the 

commercial quota of Gulf king mackerel 

in the northern Florida west coast 

subzone, given the capacity of the 

fishing fleet to harvest the quota 

quickly. Any delay in implementing this 

action would be contrary to the 

Magnuson-Stevens Act and the FMP. 

Accordingly, under 5 U.S.C. 553(d)(3), 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: October 16, 2009. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–25450 Filed 10–19–09; 4:15 pm] 

BILLING CODE 3510–22–S 


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