[Federal Register Volume 61, Number 38 (Monday, February 26, 1996)]
[Rules and Regulations]
[Page 7078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4216]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 642
[Docket No. 950725189-5260-02; I.D. 022096C]
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 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 21, 1996, through June 30, 1996.
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 pounds (392,357 kg). That quota was further divided into two
equal quotas of 432,500 pounds (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.
Under 50 CFR 642.26(a), NMFS is required to close any segment of
the king mackerel commercial fishery when its allocation or quota is
reached, or is projected to be reached, by publishing notification in
the Federal Register. NMFS has determined that the commercial quota of
432,500 pounds (196,179 kg) for Gulf group king mackerel for vessels
using hook-and-line gear in the Florida west coast sub-zone was reached
on February 20, 1996. The trip limit was previously reduced to 50 fish
on January 24, 1996, when 75 percent of the quota was taken (January
29, 1996; 61 FR 2728). 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 21, 1996, through June 30, 1996, 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 5, 1995 (60 FR 47100,
September 11, 1995). Subsequently, NMFS determined that the commercial
quota of king mackerel for vessels using run-around gillnet gear 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 at noon on February
12, 1996. 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, 1996.
Except for a person aboard a charter vessel, during the closure, no
person on board 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 on board 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 642.26(a) and is exempt from
review under E.O. 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 20, 1996.
Richard H. Schaefer,
Director, Office of Fisheries Conservation and Management, National
Marine Fisheries Service.
[FR Doc. 96-4216 Filed 2-21-96; 9:31 am]
BILLING CODE 3510-22-F
