80 FR 71973 - Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; 2015-2016 Accountability Measure and Closure for King Mackerel in Western Zone of the Gulf of Mexico

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 222 (November 18, 2015)

NMFS implements an accountability measure (AM) for commercial king mackerel in the western zone of the Gulf of Mexico (Gulf) exclusive economic zone (EEZ) through this temporary final rule. NMFS has determined that the commercial quota for king mackerel in the western zone of the Gulf EEZ will be reached by November 17, 2015. Therefore, NMFS closes the western zone of the Gulf EEZ to commercial king mackerel fishing on November 17, 2015. This closure is necessary to protect the Gulf king mackerel resource.

[Federal Register Volume 80, Number 222 (Wednesday, November 18, 2015)]
[Rules and Regulations]
[Pages 71973-71974]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29475]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 101206604-1758-02]
RIN 0648-XE290


Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
South Atlantic; 2015-2016 Accountability Measure and Closure for King 
Mackerel in Western Zone of the Gulf of Mexico

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS implements an accountability measure (AM) for commercial 
king mackerel in the western zone of the Gulf of Mexico (Gulf) 
exclusive economic zone (EEZ) through this temporary final rule. NMFS 
has determined that the commercial quota for king mackerel in the 
western zone of the Gulf EEZ will be reached by November 17, 2015. 
Therefore, NMFS closes the western zone of the Gulf EEZ to commercial 
king mackerel fishing on November 17, 2015. This closure is necessary 
to protect the Gulf king mackerel resource.

DATES: The closure is effective at noon, local time, November 17, 2015, 
until 12:01 a.m., local time, on July 1, 2016.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, NMFS Southeast Regional 
Office, telephone: 727-824-5305, email: [email protected].

SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic 
fish (king mackerel, Spanish mackerel, and cobia) 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 NMFS under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) by regulations at 50 CFR part 622.
    The commercial quota for the Gulf migratory group king mackerel in 
the western zone is 1,071,360 lb (485,961 kg) (76 FR 82058, December 
29, 2011), for the current fishing year, July 1, 2015, through June 30, 
2016.
    Regulations at 50 CFR 622.388(a)(1) require NMFS to close the 
commercial sector for Gulf migratory group king mackerel in the western 
zone when the quota is reached, or is projected to be reached, by 
filing a notification to that effect with the Office of the Federal 
Register. Based on the best scientific information available, NMFS has 
determined the commercial quota of 1,071,360 lb (485,961 kg) for Gulf 
migratory group king mackerel in the western zone will be reached by 
November 17, 2015. Accordingly, the western zone is closed to 
commercial fishing for Gulf migratory group king mackerel effective at 
noon, local time, November 17, 2015, through June 30, 2016, the end of 
the current fishing year. The western zone of Gulf migratory group king 
mackerel is that part of the EEZ between a line extending east from the 
border of the United States and Mexico and 87[deg]31.1' W. longitude,

[[Page 71974]]

which is a line directly south from the state boundary of Alabama and 
Florida.
    Except for a person aboard a charter vessel or headboat, during the 
closure no person aboard a vessel that has been issued a commercial 
permit for king mackerel may fish for or retain Gulf migratory group 
king mackerel in the EEZ in the closed zone (50 CFR 622.384(e)(1)). 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 zone under the bag and possession limits set 
forth in 50 CFR 622.382(a)(1)(ii) and (a)(2), provided the vessel is 
operating as a charter vessel or headboat (50 CFR 622.384(e)(2)). 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 zone, including 
those harvested under the bag and possession limits, may not be 
purchased or sold. This prohibition does not apply to king mackerel 
from the closed zone that were harvested, landed ashore, and sold prior 
to the closure and were held in cold storage by a dealer or processor 
(50 CFR 622.384(e)(3)).

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
Gulf migratory group king mackerel and is consistent with the Magnuson-
Stevens Act and other applicable laws.
    This action is taken under 50 CFR 622.388(a)(1) and 622.384(e), and 
is exempt from review under Executive Order 12866.
    These measures are exempt from the procedures of the Regulatory 
Flexibility Act because the temporary rule is issued without 
opportunity for prior notice and comment.
    This action responds to the best scientific information available. 
The Assistant Administrator for Fisheries, NOAA (AA), finds good cause 
to waive the requirements 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 procedures are unnecessary and contrary to the public 
interest. Such procedures are unnecessary because the rule implementing 
the commercial quota and the associated requirement for closure of the 
commercial harvest when the quota is reached or is projected to be 
reached has already been subject to notice and public comment, and all 
that remains is to notify the public of the closure. Additionally, 
allowing prior notice and opportunity for public comment is contrary to 
the public interest because of the need to immediately implement this 
action to protect the king mackerel stock, because the capacity of the 
fishing fleet allows for rapid harvest of the quota. Prior notice and 
opportunity for public comment would require time and could 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).

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

    Dated: November 13, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-29475 Filed 11-13-15; 4:15 pm]
 BILLING CODE 3510-22-P