80 FR 74001 - Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; 2015-2016 Accountability Measure and Closure for King Mackerel in the Florida West Coast Northern Subzone

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 228 (November 27, 2015)

NMFS implements an accountability measure (AM) for commercial king mackerel in the Florida west coast northern subzone of the eastern 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 eastern zone, Florida west coast northern subzone of the Gulf EEZ will be reached by November 28, 2015. Therefore, NMFS closes the Florida west coast northern subzone to commercial king mackerel fishing on November 28, 2015, to protect the Gulf king mackerel resource.

[Federal Register Volume 80, Number 228 (Friday, November 27, 2015)]
[Rules and Regulations]
[Pages 74001-74002]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30192]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 101206604-1758-02]
RIN 0648-XE326


Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
South Atlantic; 2015-2016 Accountability Measure and Closure for King 
Mackerel in the Florida West Coast Northern Subzone

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 Florida west coast northern subzone of the eastern 
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 eastern zone, Florida west coast 
northern subzone of the Gulf EEZ will be reached by

[[Page 74002]]

November 28, 2015. Therefore, NMFS closes the Florida west coast 
northern subzone to commercial king mackerel fishing on November 28, 
2015, to protect the Gulf king mackerel resource.

DATES: The closure is effective noon, local time, November 28, 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 Coastal Migratory Pelagic Resources in the 
Gulf of Mexico and Atlantic Region (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 Gulf migratory group king mackerel is divided into western and 
eastern zones. The Gulf's eastern zone for king mackerel is further 
divided into the Florida west coast northern and southern subzones that 
have separate quotas. The quota for the Florida west coast northern 
subzone is 178,848 lb (81,124 kg) (50 CFR 622.384(b)(1)(i)(B)(2)).
    Regulations at 50 CFR 622.388(a)(1) require NMFS to close the 
commercial sector for Gulf migratory group king mackerel in the Florida 
west coast northern subzone when the commercial 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 
178,848 lb (81,124 kg) for Gulf migratory group king mackerel in the 
Florida west coast northern subzone will be reached by November 28, 
2015. Accordingly, the Florida west coast northern subzone is closed 
effective noon, local time, November 28, 2015, through June 30, 2016, 
the end of the current fishing year, to commercial fishing for Gulf 
migratory group king mackerel.
    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 (50 CFR 622.384(e)(1) and 
(e)(2)). 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 subzone 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. 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, 
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 zones or subzones 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)).
    The Florida west coast northern subzone is that part of the EEZ 
between 26[deg]19.8' N. latitude (a line directly west from the 
boundary between Lee and Collier Counties, FL) and 87[deg]31.1' W. 
longitude (a line directly south from the state boundary of Alabama and 
Florida).

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 50 CFR 
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 that the 
need to immediately implement this action to close the Florida west 
coast northern subzone of the Gulf eastern zone to commercial king 
mackerel fishing constitutes 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. Such procedures are contrary to the public 
interest because the capacity of the fishing fleet allows for rapid 
harvest of the quota, and there is a need to immediately implement this 
action to protect the king mackerel resource. 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 23, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-30192 Filed 11-23-15; 4:15 pm]
 BILLING CODE 3510-22-P