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)

Page Range		74001-74002
FR Document		2015-30192

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 Issue 228 (Friday, November 27, 2015)

[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: susan.gerhart@noaa.gov.

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

Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Rules and Regulations 74001

Federal rules have been identified. In public received notice and an (i) The recreational ACL is equal to
addition, no new reporting, record- opportunity to comment on the the total recreational quota specified in
keeping, or other compliance proposed rules for the framework § 622.39(a)(2)(i)(A). The AA will
requirements are introduced by this amendment and Amendment 40 and the determine the length of the red snapper
final rule. final rule for Amendment 40 included recreational fishing season, or
The Chief Counsel for Regulation of this regulatory text. This final rule recreational fishing seasons for the
the Department of Commerce (DOC) reinstates the regulatory text that was Federal charter vessel/headboat and
certified to the Chief Counsel for inadvertently omitted from the private angling components, based on
advocacy of the Small Business correcting amendment that published when recreational landings are
Administration (SBA) during the on September 28, 2015 (80 FR 58219). projected to reach the recreational ACT,
proposed rule stage that this action If this final rule was delayed to allow for or respective recreational component
would not have a significant economic notice and opportunity for public ACT specified in paragraph (q)(2)(iii) of
impact on a substantial number of small comment, it could cause confusion this section, and announce the closure
entities. The factual basis for this because the public believes that the date(s) in the Federal Register. These
determination was published in the omitted text is already included in the seasons will serve as in-season
proposed rule and is not repeated here. regulations. accountability measures. On and after
NMFS received no significant comments the effective date of the recreational
regarding the certification. However, List of Subjects in 50 CFR Part 622
closure or recreational component
one general comment on the expected Commercial, Fisheries, Fishing, Gulf closure notifications, the bag and
economic effects of this rule is of Mexico, Recreational, Red snapper, possession limit for red snapper or for
addressed in the Comments and Reef fish. the respective component is zero. When
Response section of this rule. As a Dated: November 23, 2015. the recreational sector or Federal charter
result, a final regulatory flexibility vessel/headboat component is closed,
Eileen Sobeck,
analysis was not required and was not this bag and possession limit applies in
prepared. Assistant Administrator for Fisheries,
National Marine Fisheries Service. the Gulf on board a vessel for which a
As discussed in the background valid Federal charter vessel/headboat
section of this final rule, this rule also For the reasons set out in the permit for Gulf reef fish has been issued,
re-inserts a sentence of regulatory text preamble, 50 CFR part 622 is amended without regard to where such species
originally published in the final rule as follows: were harvested, i.e., in state or Federal
implementing Amendment 40 (80 FR waters.
22422, April 22, 2015). The regulatory PART 622—FISHERIES OF THE
text was inadvertently omitted in a CARIBBEAN, GULF OF MEXICO, AND * * * * *
SOUTH ATLANTIC [FR Doc. 2015–30194 Filed 11–25–15; 8:45 am]
subsequent correcting amendment (80
BILLING CODE 3510–22–P
FR 58219, September 28, 2015) to a final
rule that implemented a framework ■ 1. The authority citation for part 622
amendment for red snapper in the Gulf continues to read as follows:
DEPARTMENT OF COMMERCE
reef fish fishery (80 FR 24832, May 1, Authority: 16 U.S.C. 1801 et seq.
2015). The DOC Chief Counsel for ■ 2. In § 622.39, add paragraphs National Oceanic and Atmospheric
Regulation certified to the Chief Counsel (a)(1)(i)(B)(1) and (2) to read as follows: Administration
for advocacy of the SBA that the final
rules implementing both Amendment § 622.39 Quotas.
50 CFR Part 622
40 and the framework amendment * * * * *
would not have a significant economic (a) * * * [Docket No. 101206604–1758–02]
impact on a substantial number of small (1) * * * RIN 0648–XE326
entities. The re-insertion of this (i) * * *
regulatory text is not expected to have (B) * * * Coastal Migratory Pelagic Resources
direct adverse economic effects on a (1) NMFS will withhold distribution of the Gulf of Mexico and South
substantial number of small entities of 4.9 percent of the 2016 IFQ allocation Atlantic; 2015–2016 Accountability
because it is an administrative of red snapper commercial quota on Measure and Closure for King
correcting action. The final rule that January 1, 2016, totaling 352,000 lb Mackerel in the Florida West Coast
originally published the regulation was (159,665 kg), round weight, of the 2016 Northern Subzone
certified to not have a significant red snapper commercial quota specified
economic impact on a substantial in this paragraph (a)(1)(i)(B). AGENCY: National Marine Fisheries
number of small entities, and the public (2) As determined by NMFS, Service (NMFS), National Oceanic and
may believe the omitted text is already remaining 2016 IFQ allocation of red Atmospheric Administration (NOAA),
included in the regulations. This change snapper will be distributed to the Commerce.
is needed to ensure that the public is current shareholders based on their ACTION: Temporary rule; closure.
aware of the correct recreational harvest current shares held as of the date of
limit (quota) and accountability distribution. SUMMARY: NMFS implements an
measures for recreationally-caught Gulf * * * * * accountability measure (AM) for
red snapper. commercial king mackerel in the Florida
■ 3. In § 622.41, revise paragraph
Pursuant to 5 U.S.C. 553(b)(B), the west coast northern subzone of the
(q)(2)(i) to read as follows:
mstockstill on DSK4VPTVN1PROD with RULES

Assistant Administrator for Fisheries, eastern zone of the Gulf of Mexico (Gulf)
NOAA, finds good cause to waive prior § 622.41 Annual catch limits (ACLs), exclusive economic zone (EEZ) through
notice and opportunity for additional annual catch targets (ACTs), and this temporary final rule. NMFS has
public comment for this correcting accountability measures (AMs). determined that the commercial quota
action because it would be unnecessary * * * * * for king mackerel in the eastern zone,
and contrary to the public interest. Such (q) * * * Florida west coast northern subzone of
procedures are unnecessary because the (2) * * * the Gulf EEZ will be reached by

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Document Created: 2015-12-14 14:05:10
Document Modified: 2015-12-14 14:05:10

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary rule; closure.
Dates		The closure is effective noon, local time, November 28, 2015, until 12:01 a.m., local time, on July 1, 2016.
Contact		Susan Gerhart, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]
FR Citation		80 FR 74001
RIN Number		0648-XE32

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 COMMERCENational Oceanic and Atmospheric Administration

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

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration