80_FR_9264 80 FR 9230 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Trip Limit Reduction

80 FR 9230 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Trip Limit Reduction

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 34 (February 20, 2015)

Page Range9230-9230
FR Document2015-03532

NMFS reduces the trip limit for the commercial sector of Atlantic migratory group Spanish mackerel in the southern zone to 1,500 lb (680 kg) of Spanish mackerel per day in or from the exclusive economic zone (EEZ). This trip limit reduction is necessary to protect the Spanish mackerel resource.

Federal Register, Volume 80 Issue 34 (Friday, February 20, 2015)
[Federal Register Volume 80, Number 34 (Friday, February 20, 2015)]
[Rules and Regulations]
[Page 9230]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03532]



[[Page 9230]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 101206604-1758-02]
RIN 0648-XD779


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South 
Atlantic; Trip Limit Reduction

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

ACTION: Temporary rule; trip limit reduction.

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SUMMARY: NMFS reduces the trip limit for the commercial sector of 
Atlantic migratory group Spanish mackerel in the southern zone to 1,500 
lb (680 kg) of Spanish mackerel per day in or from the exclusive 
economic zone (EEZ). This trip limit reduction is necessary to protect 
the Spanish mackerel resource.

DATES: The rule is effective 6 a.m., local time, February 20, 2015, 
until 12:01 a.m., local time, March 1, 2015, unless changed by 
subsequent notification in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727-824-
5305, or 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 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 under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) 
by regulations at 50 CFR part 622.
    Framework Amendment 1 to the FMP (79 FR 69058, November 20, 2014) 
increased the commercial annual catch limit (equal to the commercial 
quota) to 3.33 million lb (1.51 million kg) for the Atlantic migratory 
group of Spanish mackerel. The Atlantic EEZ is divided into a northern 
and southern zone for management purposes of Atlantic migratory group 
Spanish mackerel. The southern zone for Atlantic migratory group 
Spanish mackerel extends from 30[deg]42'45.6'' N. lat., which is a line 
directly east from the Georgia/Florida boundary, to 25[deg]20.4' N. 
lat., which is a line directly east from the Miami-Dade/Monroe County, 
Florida, boundary. The northern and southern zones will have their own 
quotas as of March 1, 2015, the beginning of the next fishing year, 
with implementation of Amendment 20B to the FMP (80 FR 4216, January, 
27, 2015).
    For the southern zone, seasonally variable trip limits are based on 
an adjusted commercial quota of 3.08 million lb (1.40 million kg). The 
adjusted commercial quota is calculated to allow continued harvest in 
the southern zone at a set rate for the remainder of the current 
fishing year, February 28, 2015, in accordance with 50 CFR 
622.385(b)(2). As specified at 50 CFR 622.385(b)(1)(ii)(B), beginning 
December 1, annually, the trip limit is unlimited on weekdays and 
limited to 1,500 lb (680 kg) of Spanish mackerel per day on weekends. 
As specified at 50 CFR 622.385(b)(1)(ii)(C), after 75 percent of the 
adjusted commercial quota of Atlantic migratory group Spanish mackerel 
is taken until 100 percent of the adjusted commercial quota is taken, 
Spanish mackerel in or from the EEZ in the southern zone may not be 
possessed on board or landed from a permitted vessel in amounts 
exceeding 1,500 lb (680 kg) per day.
    NMFS has determined that 75 percent of the adjusted commercial 
quota for Atlantic group Spanish mackerel has been harvested. 
Accordingly, the 1,500-lb (680-kg) per day commercial trip limit 
applies to Spanish mackerel in or from the EEZ in the southern zone 
effective 6 a.m., local time, February 20, 2015, until 12:01 a.m., 
local time, March 1, 2015, unless changed by subsequent notification in 
the Federal Register.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
Atlantic migratory group Spanish mackerel and is consistent with the 
Magnuson-Stevens Act and other applicable laws.
    This action is taken under 50 CFR 622.385(b)(1)(ii)(C) 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.
    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for 
Fisheries, NOAA, (AA), finds good cause to waive the requirements to 
provide prior notice and the opportunity for public comment on this 
temporary rule. Such procedures are unnecessary because the rule itself 
has already been subject to notice and comment, and all that remains is 
to notify the public of the trip limit reduction.
    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 Atlantic migratory group Spanish 
mackerel resource because the capacity of the commercial 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 effectiveness of this action under 5 U.S.C. 
553(d)(3).

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

    Dated: February 17, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-03532 Filed 2-17-15; 4:15 pm]
BILLING CODE 3510-22-P



                                             9230              Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Rules and Regulations

                                             DEPARTMENT OF COMMERCE                                  increased the commercial annual catch                 1, 2015, unless changed by subsequent
                                                                                                     limit (equal to the commercial quota) to              notification in the Federal Register.
                                             National Oceanic and Atmospheric                        3.33 million lb (1.51 million kg) for the
                                             Administration                                                                                                Classification
                                                                                                     Atlantic migratory group of Spanish
                                                                                                     mackerel. The Atlantic EEZ is divided                   The Regional Administrator,
                                             50 CFR Part 622                                         into a northern and southern zone for                 Southeast Region, NMFS, has
                                                                                                     management purposes of Atlantic                       determined this temporary rule is
                                             [Docket No. 101206604–1758–02]
                                                                                                     migratory group Spanish mackerel. The                 necessary for the conservation and
                                             RIN 0648–XD779                                          southern zone for Atlantic migratory                  management of Atlantic migratory group
                                                                                                     group Spanish mackerel extends from                   Spanish mackerel and is consistent with
                                             Fisheries of the Caribbean, Gulf of                     30°42′45.6″ N. lat., which is a line                  the Magnuson-Stevens Act and other
                                             Mexico, and South Atlantic; Coastal                     directly east from the Georgia/Florida                applicable laws.
                                             Migratory Pelagic Resources of the                      boundary, to 25°20.4′ N. lat., which is a               This action is taken under 50 CFR
                                             Gulf of Mexico and South Atlantic; Trip                 line directly east from the Miami-Dade/               622.385(b)(1)(ii)(C) and is exempt from
                                             Limit Reduction                                                                                               review under Executive Order 12866.
                                                                                                     Monroe County, Florida, boundary. The
                                             AGENCY:  National Marine Fisheries                      northern and southern zones will have                   These measures are exempt from the
                                             Service (NMFS), National Oceanic and                    their own quotas as of March 1, 2015,                 procedures of the Regulatory Flexibility
                                             Atmospheric Administration (NOAA),                      the beginning of the next fishing year,               Act because the temporary rule is issued
                                             Commerce.                                               with implementation of Amendment                      without opportunity for prior notice and
                                                                                                     20B to the FMP (80 FR 4216, January,                  comment.
                                             ACTION: Temporary rule; trip limit
                                                                                                     27, 2015).                                              Pursuant to 5 U.S.C. 553(b)(B), the
                                             reduction.                                                                                                    Assistant Administrator for Fisheries,
                                                                                                        For the southern zone, seasonally                  NOAA, (AA), finds good cause to waive
                                             SUMMARY:    NMFS reduces the trip limit                 variable trip limits are based on an
                                             for the commercial sector of Atlantic                                                                         the requirements to provide prior notice
                                                                                                     adjusted commercial quota of 3.08                     and the opportunity for public comment
                                             migratory group Spanish mackerel in                     million lb (1.40 million kg). The
                                             the southern zone to 1,500 lb (680 kg)                                                                        on this temporary rule. Such procedures
                                                                                                     adjusted commercial quota is calculated               are unnecessary because the rule itself
                                             of Spanish mackerel per day in or from                  to allow continued harvest in the
                                             the exclusive economic zone (EEZ). This                                                                       has already been subject to notice and
                                                                                                     southern zone at a set rate for the                   comment, and all that remains is to
                                             trip limit reduction is necessary to                    remainder of the current fishing year,
                                             protect the Spanish mackerel resource.                                                                        notify the public of the trip limit
                                                                                                     February 28, 2015, in accordance with                 reduction.
                                             DATES: The rule is effective 6 a.m., local              50 CFR 622.385(b)(2). As specified at 50                Allowing prior notice and
                                             time, February 20, 2015, until 12:01                    CFR 622.385(b)(1)(ii)(B), beginning                   opportunity for public comment is
                                             a.m., local time, March 1, 2015, unless                 December 1, annually, the trip limit is               contrary to the public interest because
                                             changed by subsequent notification in                   unlimited on weekdays and limited to                  of the need to immediately implement
                                             the Federal Register.                                   1,500 lb (680 kg) of Spanish mackerel                 this action to protect the Atlantic
                                             FOR FURTHER INFORMATION CONTACT:                        per day on weekends. As specified at 50               migratory group Spanish mackerel
                                             Susan Gerhart, telephone: 727–824–                      CFR 622.385(b)(1)(ii)(C), after 75 percent            resource because the capacity of the
                                             5305, or email: susan.gerhart@noaa.gov.                 of the adjusted commercial quota of                   commercial fleet allows for rapid
                                             SUPPLEMENTARY INFORMATION: The                          Atlantic migratory group Spanish                      harvest of the quota. Prior notice and
                                             fishery for coastal migratory pelagic fish              mackerel is taken until 100 percent of                opportunity for public comment would
                                             (king mackerel, Spanish mackerel, and                   the adjusted commercial quota is taken,               require time and could potentially result
                                             cobia) is managed under the Fishery                     Spanish mackerel in or from the EEZ in                in a harvest well in excess of the
                                             Management Plan for the Coastal                         the southern zone may not be possessed                established quota.
                                             Migratory Pelagic Resources of the Gulf                 on board or landed from a permitted                     For the aforementioned reasons, the
                                             of Mexico and South Atlantic (FMP).                     vessel in amounts exceeding 1,500 lb                  AA also finds good cause to waive the
                                             The FMP was prepared by the Gulf of                     (680 kg) per day.                                     30-day delay in effectiveness of this
                                             Mexico and South Atlantic Fishery                          NMFS has determined that 75 percent                action under 5 U.S.C. 553(d)(3).
                                             Management Councils (Councils) and is                   of the adjusted commercial quota for                    Authority: 16 U.S.C. 1801 et seq.
                                             implemented under the authority of the                  Atlantic group Spanish mackerel has
                                             Magnuson-Stevens Fishery                                been harvested. Accordingly, the 1,500-                 Dated: February 17, 2015.
                                             Conservation and Management Act                         lb (680-kg) per day commercial trip                   Emily H. Menashes,
                                             (Magnuson-Stevens Act) by regulations                   limit applies to Spanish mackerel in or               Acting Director, Office of Sustainable
                                             at 50 CFR part 622.                                     from the EEZ in the southern zone                     Fisheries, National Marine Fisheries Service.
                                                Framework Amendment 1 to the FMP                     effective 6 a.m., local time, February 20,            [FR Doc. 2015–03532 Filed 2–17–15; 4:15 pm]
                                             (79 FR 69058, November 20, 2014)                        2015, until 12:01 a.m., local time, March             BILLING CODE 3510–22–P
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Document Created: 2015-12-18 13:01:57
Document Modified: 2015-12-18 13:01:57
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; trip limit reduction.
DatesThe rule is effective 6 a.m., local time, February 20, 2015, until 12:01 a.m., local time, March 1, 2015, unless changed by subsequent notification in the Federal Register.
ContactSusan Gerhart, telephone: 727-824- 5305, or email: [email protected]
FR Citation80 FR 9230 
RIN Number0648-XD77

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