67 FR 209 pg. 65902 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;Coastal Migratory Pelagic Resources of the Gulf of Mexico and SouthAtlantic
Type: RULEVolume: 67Number: 209Page: 65902
Docket number: [Docket No. 001005281-0369-02; I.D. 102302A]
FR document: [FR Doc. 02-27504 Filed 10-24-02; 3:51 pm]
Agency: Commerce Department
Sub Agency: National Oceanic and Atmospheric Administration
Official PDF Version: PDF Version
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 001005281-0369-02; I.D. 102302A]
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;Coastal Migratory Pelagic Resources of the Gulf of Mexico and SouthAtlantic
AGENCY:
National Marine Fisheries Service (NMFS),National Oceanic and Atmospheric Administration (NOAA), Commerce.
ACTION:
Closure.
SUMMARY:
NMFS closes the commercial fishery for kingmackerel in the exclusive economic zone (EEZ) in the western zone of theGulf of Mexico. This closure is necessary to protect the Gulf kingmackerel resource.
DATES:
The closure is effective 12 noon, local time,October 25, 2002, through June 30, 2003.
FOR FURTHER INFORMATION CONTACT:
Mark Godcharles,727-570-5305, fax 727-570-5583, e-mailMark.Godcharles@noaa.gov.
SUPPLEMENTARY INFORMATION:
The fishery for coastalmigratory pelagic fish (king mackerel, Spanish mackerel, cero, cobia,little tunny, dolphin, and, in the Gulf of Mexico only, bluefish) ismanaged under the Fishery Management Plan for the Coastal Migratory PelagicResources of the Gulf of Mexico and South Atlantic (FMP). The FMP wasprepared by the Gulf of Mexico and South Atlantic Fishery ManagementCouncils (Councils) and is implemented under the authority of theMagnuson-Stevens Fishery Conservation and Management Act (Magnuson-StevensAct) by regulations at 50 CFR part 622.
Based on the Councils' recommended total allowable catch and theallocation ratios in the FMP, NMFS implemented a commercial quota for theGulf of Mexico migratory group of king mackerel in the western zone of 1.01million lb (0.46 million kg) (66 FR 17368, March 30, 2001).
Under 50 CFR 622.43(a), NMFS is required to close any segment of theking mackerel commercial fishery when its quota has been reached, or isprojected to be reached, by filing a notification at the Office of the Federal Register . NMFS has determined that the commercial quotaof 1.01 million lb (0.46 million kg) for Gulf group king mackerel in thewestern zone will be reached on October 24, 2002. Accordingly, thecommercial fishery for Gulf group king mackerel in the western zone isclosed effective 12 noon, local time, October 25, 2002, through June 30,2003, the end of the fishing year. The boundary between the eastern andwestern zones is 87°31'06"W. long.,
which is a linedirectly 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 kingmackerel has been issued may fish for Gulf group king mackerel in the EEZin the closed zones or subzones. A person aboard a vessel that has a validcharter vessel/headboat permit for coastal migratory pelagic fish maycontinue to retain king mackerel in or from the closed zones or subzonesunder 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 orheadboat. A charter vessel or headboat that also has a commercial kingmackerel permit is considered to be operating as a charter vessel orheadboat when it carries a passenger who pays a fee or when there are morethan three persons aboard, including operator and crew.
During the closure, king mackerel from the closed zones or subzonestaken in the EEZ, including those harvested under the bag and possessionlimits, may not be purchased or sold. This prohibition does not apply totrade in king mackerel from the closed zones or subzones that wereharvested, landed ashore, and sold prior to the closure and were held incold storage by a dealer or processor.
Classification
This action responds to the best available information recently obtainedfrom the fishery. The Assistant Administrator for Fisheries, NOAA, findsthat the need to immediately implement this action to close the fisheryconstitutes good cause to waive the requirements to provide prior noticeand opportunity for public comment pursuant to the authority set forth at 5U.S.C. 553(b)(3)(B), as such procedures would be unnecessary and contraryto the public interest. Similarly, there is a need to implement thesemeasures in a timely fashion (manner) to prevent an overrun of thecommercial quota of Gulf group king mackerel, given the capacity of thefishing fleet to harvest the quota quickly. Any delay in implementing thisaction would be impractical and contrary to the Magnuson-Stevens Act, theFMP, and the public interest. NMFS finds for good cause that theimplementation 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 reviewunder Executive Order 12866.
Authority:
16 U.S.C. 1801 etseq.
Dated: October 23, 2002.
Dean Swanson,
Acting Director, Office of Sustainable Fisheries, National MarineFisheries Service.
[FR Doc. 02-27504 Filed 10-24-02; 3:51 pm]
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