80_FR_72195 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

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)

Page Range71973-71974
FR Document2015-29475

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 Issue 222 (Wednesday, November 18, 2015) 
[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

Federal Register / Vol. 80, No. 222 / Wednesday, November 18, 2015 / Rules and Regulations 71973 with the HEU exclusively through the digital challenges in the wake of these SUMMARY: NMFS implements an communications cable and not via a radio regulations, we maintain that they are accountability measure (AM) for signal, it does not need to perform the capable of complying with the final commercial king mackerel in the function of venting the brake pipe to rule. western zone of the Gulf of Mexico atmospheric pressure to engage an emergency We also deny DGAC’s appeal to (Gulf) exclusive economic zone (EEZ) brake application. However, ECP–EOT devices do verify the integrity of the train eliminate or provide further guidance through this temporary final rule. NMFS line cable and provide a means of monitoring for the Sampling and Testing program. has determined that the commercial the brake pipe pressure and gradient, The sampling and testing program is quota for king mackerel in the western providing the basis for an automatic—rather reasonable, justified, necessary, and zone of the Gulf EEZ will be reached by than engineer commanded—response if the clear as written. Additionally, we November 17, 2015. Therefore, NMFS system is not adequately charged. In the case disagree that a delayed compliance date closes the western zone of the Gulf EEZ of ECP brakes, the brake pipe becomes a of March 31, 2016 should be provided to commercial king mackerel fishing on redundant—rather than primary—path for for implementation of the requirements November 17, 2015. This closure is sending emergency brake application in § 173.41 for shippers to implement necessary to protect the Gulf king commands. Under certain communication break downs between the ECP–EOT device, changes for training and documentation. mackerel resource. the HEU, and any number of CCDs, the With respect to Information Sharing/ DATES: The closure is effective at noon, system will self-initiate an emergency brake Notification, PHMSA announced in a local time, November 17, 2015, until application. May 28, 2015, notice that it would 12:01 a.m., local time, on July 1, 2016. extend the Emergency Order applicable Id. Section 232.613 requires the ECP– FOR FURTHER INFORMATION CONTACT: to the topic of Information Sharing/ EOT device to send a beacon every Susan Gerhart, NMFS Southeast Notification indefinitely, while it second from the rear unit of the train to Regional Office, telephone: 727–824– considered options for codifying the the controlling locomotive. The EOT 5305, email: susan.gerhart@noaa.gov. disclosure requirement permanently. beacon works as a kind of fail-safe. It Furthermore, on July 22, 2015, FRA SUPPLEMENTARY INFORMATION: The functions virtually identically to the issued a public letter instructing fishery for coastal migratory pelagic fish radio signal of a conventional two-way railroads transporting crude oil that they (king mackerel, Spanish mackerel, and EOT device with one important must continue to notify SERCs of the cobia) is managed under the Fishery exception: if the EOT Beacon is lost for expected movement of Bakken crude oil Management Plan for the Coastal six seconds on a train operated in ECP trains through individual States. While Migratory Pelagic Resources of the Gulf brake mode, then the train goes into the treaty tribes and other stakeholders of Mexico and South Atlantic (FMP). penalty brake application, which will will have the opportunity to comment The FMP was prepared by the Gulf of brake all cars in the train on these future regulatory proposals in Mexico and South Atlantic Fishery simultaneously. In contrast, a two-way the course of that rulemaking Management Councils (Councils) and is EOT device may lose communication proceeding, PHMSA will continue to implemented by NMFS under the for up to 16 minutes, 30 seconds, at seek opportunities to reach out to the authority of the Magnuson-Stevens which point the train speed must be tribes and consultation from tribal Fishery Conservation and Management reduced to 30 mph. Based on these factors, PHMSA and leaders. Act (Magnuson-Stevens Act) by FRA conclude that the ECP brake Issued in Washington, DC on November 5, regulations at 50 CFR part 622. component of the final rule complies 2015. The commercial quota for the Gulf with the requirements of 49 U.S.C. Marie Therese Dominguez, migratory group king mackerel in the 20141. AAR should be aware that Administrator, Pipeline and Hazardous western zone is 1,071,360 lb (485,961 HHFUTs operating in ECP brake mode Materials Safety Administration. kg) (76 FR 82058, December 29, 2011), must have an ECP–EOT or an [FR Doc. 2015–28774 Filed 11–17–15; 8:45 am] for the current fishing year, July 1, 2015, appropriate alternative, such as an ECP- BILLING CODE 4910–60–P through June 30, 2016. equipped locomotive, at the rear of the Regulations at 50 CFR 622.388(a)(1) train. This requirement is consistent require NMFS to close the commercial with FRA’s ECP brake regulations at DEPARTMENT OF COMMERCE sector for Gulf migratory group king part 232, subpart G. mackerel in the western zone when the For the above reasons, AAR’s appeal National Oceanic and Atmospheric quota is reached, or is projected to be to eliminate the new ECP brake standard Administration reached, by filing a notification to that of the final rule is denied. effect with the Office of the Federal 50 CFR Part 622 Register. Based on the best scientific III. Summary information available, NMFS has [Docket No. 101206604–1758–02] PHMSA denies the appellants’ determined the commercial quota of (DGAC, ACC, AAR, AFPM, and Treaty RIN 0648–XE290 1,071,360 lb (485,961 kg) for Gulf Tribes) appeals on Scope of migratory group king mackerel in the Rulemaking, Tribal Impacts and Coastal Migratory Pelagic Resources western zone will be reached by Consultation, Retrofit Timeline and of the Gulf of Mexico and South November 17, 2015. Accordingly, the Tank Car Reporting Requirements, Atlantic; 2015–2016 Accountability western zone is closed to commercial Thermal Protection for Tank Cars, and Measure and Closure for King fishing for Gulf migratory group king Advanced Brake Signal Propagation Mackerel in Western Zone of the Gulf mackerel effective at noon, local time, Systems. We conclude we reasonably of Mexico November 17, 2015, through June 30, wgreen on DSK2VPTVN1PROD with RULES determined how to apply new AGENCY: National Marine Fisheries 2016, the end of the current fishing year. regulations and provided the regulatory Service (NMFS), National Oceanic and The western zone of Gulf migratory analysis to support those decisions. Atmospheric Administration (NOAA), group king mackerel is that part of the While we understand that shippers, Commerce. EEZ between a line extending east from carriers, and tank car manufacturers for the border of the United States and ACTION: Temporary rule; closure. Class 3 flammable liquids will face new Mexico and 87°31.1’ W. longitude, VerDate Sep<11>2014 14:36 Nov 17, 2015 Jkt 238001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\18NOR1.SGM 18NOR1

71974 Federal Register / Vol. 80, No. 222 / Wednesday, November 18, 2015 / Rules and Regulations which is a line directly south from the is reached or is projected to be reached Conservation and Management Act state boundary of Alabama and Florida. has already been subject to notice and (Magnuson-Stevens Act; 16 U.S.C. 1801 Except for a person aboard a charter public comment, and all that remains is et seq.) governing the harvest of bluefin vessel or headboat, during the closure to notify the public of the closure. tuna by persons and vessels subject to no person aboard a vessel that has been Additionally, allowing prior notice and U.S. jurisdiction are found at 50 CFR issued a commercial permit for king opportunity for public comment is part 635. Section 635.27 subdivides the mackerel may fish for or retain Gulf contrary to the public interest because U.S. bluefin tuna quota recommended migratory group king mackerel in the of the need to immediately implement by the International Commission for the EEZ in the closed zone (50 CFR this action to protect the king mackerel Conservation of Atlantic Tunas (ICCAT) 622.384(e)(1)). A person aboard a vessel stock, because the capacity of the among the various domestic fishing that has a valid charter vessel/headboat fishing fleet allows for rapid harvest of categories per the allocations permit for coastal migratory pelagic fish the quota. Prior notice and opportunity established in the 2006 Consolidated may continue to retain king mackerel in for public comment would require time Highly Migratory Species Fishery or from the closed zone under the bag and could potentially result in a harvest Management Plan (2006 Consolidated and possession limits set forth in 50 well in excess of the established quota. HMS FMP) (71 FR 58058, October 2, CFR 622.382(a)(1)(ii) and (a)(2), For the aforementioned reasons, the 2006), as amended by Amendment 7 to provided the vessel is operating as a AA also finds good cause to waive the the 2006 Consolidated HMS FMP charter vessel or headboat (50 CFR 30-day delay in the effectiveness of this (Amendment 7) (79 FR 71510, December 622.384(e)(2)). A charter vessel or action under 5 U.S.C. 553(d)(3). 2, 2014). headboat that also has a commercial The U.S. bluefin tuna annual quota Authority: 16 U.S.C. 1801 et seq. king mackerel permit is considered to be from the International Commission for operating as a charter vessel or headboat Dated: November 13, 2015. the Conservation of Atlantic Tunas when it carries a passenger who pays a Emily H. Menashes, (ICCAT) includes, as in previous years, fee or when there are more than three Acting Director, Office of Sustainable a 25-mt set-aside for bluefin tuna persons aboard, including operator and Fisheries, National Marine Fisheries Service. bycatch related to longline fisheries crew. [FR Doc. 2015–29475 Filed 11–13–15; 4:15 pm] operating in the vicinity of the ICCAT During the closure, king mackerel BILLING CODE 3510–22–P management area boundary. See ICCAT from the closed zone, including those Recommendation 14–05; and 80 FR harvested under the bag and possession 52198, (August 28, 2015) (implementing limits, may not be purchased or sold. DEPARTMENT OF COMMERCE the quota domestically). For This prohibition does not apply to king management and monitoring purposes, mackerel from the closed zone that were National Oceanic and Atmospheric NMFS implements this set-aside in the harvested, landed ashore, and sold prior Administration NED gear restricted area as quota to the closure and were held in cold available to Atlantic Longline category storage by a dealer or processor (50 CFR 50 CFR Part 635 permitted vessels. Longline is not a 622.384(e)(3)). RIN 0648–XE316 permitted gear for directed fishing on bluefin tuna; any catch must be Classification Atlantic Highly Migratory Species; incidental to fishing for other species. The Regional Administrator, Atlantic Bluefin Tuna Fisheries Accounting for this bycatch includes all Southeast Region, NMFS, has catch (landings and dead discards). The determined this temporary rule is AGENCY: National Marine Fisheries NED is the Atlantic Ocean area bounded necessary for the conservation and Service (NMFS), National Oceanic and by straight lines connecting the management of Gulf migratory group Atmospheric Administration (NOAA), following coordinates in the order king mackerel and is consistent with the Commerce. stated: 35°00′ N. lat., 60°00′ W. long.; Magnuson-Stevens Act and other ACTION: Notification that Northeast 55°00′ N. lat., 60°00′ W. long.; 55°00′ N. applicable laws. Distant gear restricted area (NED) quota lat., 20°00′ W. long.; 35°00′ N. lat., This action is taken under 50 CFR is filled. 20°00′ W. long.; 35°00′ N. lat., 60°00′ W. 622.388(a)(1) and 622.384(e), and is long. SUMMARY: NMFS announces that the 25- exempt from review under Executive mt quota available for Atlantic bluefin The IBQ Program and the Northeast Order 12866. These measures are exempt from the tuna bycatch (including landings and Distant Area (NED) procedures of the Regulatory Flexibility dead discards) by the Longline category Under Amendment 7 (79 FR 71510, Act because the temporary rule is issued in the Northeast Distant gear restricted December 2, 2014), new rules were without opportunity for prior notice and area (NED) was filled on November 12, implemented for Longline category comment. 2015. NMFS reminds vessels fishing in vessels fishing in the NED. See 50 CFR This action responds to the best the NED that they now must account for 635.15(b)(8). Any bluefin tuna bycatch scientific information available. The any bluefin bycatch retained or by permitted vessels fishing with Assistant Administrator for Fisheries, discarded dead using IBQ allocation pelagic longline gear in the NED counts NOAA (AA), finds good cause to waive available to the vessel and that any toward the ICCAT-allocated separate the requirements to provide prior notice quota debt remaining at the end of 2015 NED quota (25 mt), until that quota has and opportunity for public comment will carry over to 2016. been filled. During that period, the pursuant to the authority set forth at 5 DATES: Effective November 18, 2015. bluefin tuna accounting requirements of U.S.C. 553(b)(B) as such procedures are FOR FURTHER INFORMATION CONTACT: Tom the IBQ Program do not apply to those wgreen on DSK2VPTVN1PROD with RULES unnecessary and contrary to the public Warren or Brad McHale, 978–281–9260. vessels. Once the NED quota is filled, interest. Such procedures are SUPPLEMENTARY INFORMATION: Longline category permitted vessels may unnecessary because the rule Regulations implemented under the fish or continue to fish in the NED, but implementing the commercial quota and authority of the Atlantic Tunas the permitted vessels must then abide the associated requirement for closure of Convention Act (ATCA; 16 U.S.C. 971 et by the applicable requirements of the the commercial harvest when the quota seq.) and the Magnuson-Stevens Fishery IBQ program, which requires individual VerDate Sep<11>2014 14:36 Nov 17, 2015 Jkt 238001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\18NOR1.SGM 18NOR1


Document Created: 2018-03-01 11:19:54
Document Modified: 2018-03-01 11:19:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; closure.
DatesThe closure is effective at noon, local time, November 17, 2015, until 12:01 a.m., local time, on July 1, 2016.
ContactSusan Gerhart, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]
FR Citation80 FR 71973 
RIN Number0648-XE29
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