81_FR_11494 81 FR 11451 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Trip Limit Increase

81 FR 11451 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Trip Limit Increase

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 43 (March 4, 2016)

Page Range11451-11452
FR Document2016-04798

NMFS increases the trip limit in the commercial sector for king mackerel in the Florida east coast subzone to 75 fish per day in or from the exclusive economic zone (EEZ). This trip limit increase is necessary to maximize the socioeconomic benefits associated with harvesting the king mackerel commercial quota.

Federal Register, Volume 81 Issue 43 (Friday, March 4, 2016) 
[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)]
[Rules and Regulations]
[Pages 11451-11452]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04798]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 101206604-1758-02]
RIN 0648-XE480


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

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

ACTION: Temporary rule; inseason trip limit increase.

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SUMMARY: NMFS increases the trip limit in the commercial sector for 
king mackerel in the Florida east coast subzone to 75 fish per day in 
or from the exclusive economic zone (EEZ). This trip limit increase is 
necessary to maximize the socioeconomic benefits associated with 
harvesting the king mackerel commercial quota.

DATES: This rule is effective 12:01 a.m., local time, March 1, 2016, 
through March 31, 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.
    On January 30, 2012 (76 FR 82058, December 29, 2011), NMFS 
implemented a commercial quota of

[[Page 11452]]

1,102,896 lb (500,265 kg) for Gulf migratory group king mackerel in the 
Florida east coast subzone (50 CFR 622.384(b)(1)(i)(A)). From November 
1 through March 31, the Florida east coast subzone encompasses an area 
of the EEZ south of a line extending due east of the boundary between 
Flagler and Volusia Counties, FL, and north of a line extending due 
east of the boundary between Miami-Dade and Monroe Counties, FL. From 
November 1 through the end of February, king mackerel in or from the 
subzone may be possessed on board or landed from a permitted vessel in 
amounts not exceeding 50 fish per day (50 CFR 622.385(a)(2)(i)(A)).
    However, beginning on March 1, if less than 70 percent of the 
Florida east coast subzone king mackerel commercial quota has been 
harvested by that date, king mackerel in or from that subzone may be 
possessed on board or landed from a permitted vessel in amounts not 
exceeding 75 fish per day (50 CFR 622.385(a)(2)(i)(B)(2)).
    NMFS has determined that less than 70 percent of the quota for Gulf 
migratory group king mackerel in the Florida east coast subzone will be 
harvested by March 1, 2016. Accordingly, a 75-fish trip limit applies 
to vessels fishing for king mackerel in or from the EEZ in the Florida 
east coast subzone effective 12:01 a.m., local time, March 1, 2016. The 
75-fish trip limit will remain in effect until the commercial quota is 
reached and the subzone closes, or until the end of the subzone's 
current fishing year on March 31, 2016.

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 622.385(a)(2)(i)(B)(2) 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 commercial trip limit increase 
constitutes good cause to waive the requirements to provide prior 
notice and opportunity for public comment pursuant to the authority set 
forth in 5 U.S.C. 553(b)(B), because prior notice and opportunity for 
public comment on this temporary rule is unnecessary and contrary to 
the public interest. Such procedures are unnecessary because the rule 
establishing the trip limits has already been subject to notice and 
comment, and all that remains is to notify the public of the trip limit 
increase. Such procedures are contrary to the public interest, because 
prior notice and opportunity for public comment would require time, 
thus delaying fishermen's ability to catch more king mackerel than the 
present trip limit allows and preventing fishermen from reaping the 
socioeconomic benefits associated with this increased trip limit.
    As this action allows fishermen to increase their harvest of king 
mackerel from 50 fish to 75 fish per day in or from the EEZ of the 
Florida east coast subzone, the AA finds it relieves a restriction and 
may go into effect without a 30-day delay in effectiveness, pursuant to 
5 U.S.C. 553(d)(1).

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

    Dated: March 1, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-04798 Filed 3-1-16; 4:15 pm]
 BILLING CODE 3510-22-P

Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Rules and Regulations 11451 (1) First partial paragraph, line 2, the partial paragraph, lines 1 through 4, the in its place the cross-reference phrase ‘‘§ 510.210(a)’’ is corrected to phrase ’’ the appropriate effective ‘‘§ 510.410(b)’’. read ‘‘§ 510.210(a).’’. discount factor that incorporates any Dated: February 24, 2016. (2) First full paragraph, line 3, the quality incentive payment, as briefly Wilma Robinson, phrase ‘‘§ 510.2 and’’ is corrected to described in section III.C.4.b.(9) of this Deputy Executive, Secretary to the read ‘‘§ 510.210.’’ final rule and more specifically detailed Department, Department of Health and (3) After the first full paragraph, the in the response to comments in section Human Services. reference ‘‘§ 510.210(a).’’ is corrected by III.C.5. of this final rule and Tables 19, [FR Doc. 2016–04786 Filed 3–3–16; 8:45 am] removing the reference. 20, and 21.’’ is corrected to read ‘‘a 3- 5. On page 73335, first column, first BILLING CODE 4120–01–P percent discount factor, as described in paragraph, lines 4 and 5, the phrase section III.C.4.b.(9). of this final rule.’’. ‘‘this final,’’ is corrected to read ‘‘this 9. On page 73381, second column, final rule,’’. first full paragraph, line 38, the DEPARTMENT OF COMMERCE 6. On page 73338— reference ‘‘(NQF #0116)’’ is corrected to a. First column, last partial paragraph, National Oceanic and Atmospheric read ‘‘(NQF #0166)’’. lines 23 and 24, the phrase ‘‘will have Administration 10. On page 73412, third column, first 8 potential target prices’’ is corrected to full paragraph, line 29, the phrase ‘‘only read ‘‘will have potential target prices at 50 CFR Part 622 be only’’ is corrected to read ‘‘only be’’. reconciliation’’. 11. On page 73526, third column, first [Docket No. 101206604–1758–02] b. Second column, first partial full paragraph, lines 27 and 28, the paragraph, RIN 0648–XE480 phrase ‘‘as well as- on other methods’’ (1) Lines 3 through 5, the phrase ‘‘and is corrected to read ‘‘as well as other between January 1 and September 30 vs. Fisheries of the Caribbean, Gulf of methods’’. Mexico, and South Atlantic; Coastal between October 1 and December 31 for 12. On page 73528, first column, performance years 2 through 5)’’ is Migratory Pelagic Resources of the second paragraph, line 1, the acronym Gulf of Mexico and South Atlantic; Trip corrected to read ‘‘and between January ‘‘CJR’’ is corrected by removing the 1 and September 30 vs. between October Limit Increase acronym. 1 and December 31 for performance 13. On page 73535, first column, AGENCY: National Marine Fisheries years 2 through 5), as well as different fourth paragraph, line 14, the reference Service (NMFS), National Oceanic and potential effective discount factors at ‘‘(NQF #0116)’’ is corrected to read Atmospheric Administration (NOAA), reconciliation, which reflects quality ‘‘(NQF #0166)’’. Commerce. performance, as discussed in section ACTION: Temporary rule; inseason trip III.C.5.’’. List of Subjects for 42 CFR Part 510 limit increase. (2) Lines 6 through 16, the phrase Administrative practice and ‘‘Each participant hospital in procedure, Health facilities, Medicare, SUMMARY: NMFS increases the trip limit performance years 2 and 3 will have 16 Reporting and recordkeeping in the commercial sector for king target prices for the same combinations requirements. mackerel in the Florida east coast in performance years 1, 4, and 5, but Accordingly, 42 CFR chapter IV is subzone to 75 fish per day in or from the with one group of 8 potential target corrected by making the following exclusive economic zone (EEZ). This prices for purposes of calculating correcting amendments to part 510: trip limit increase is necessary to reconciliation payments and another maximize the socioeconomic benefits group of 8 potential target prices for PART 510—COMPREHENSIVE CARE associated with harvesting the king purposes of determining hospital’s FOR JOINT REPLACEMENT MODEL mackerel commercial quota. responsibility for excess episode DATES: This rule is effective 12:01 a.m., spending.’’ is corrected to read ‘‘Each ■ 1. The authority citation for part 510 continues to read as follows: local time, March 1, 2016, through participant hospital in performance March 31, 2016. years 2 and 3 will have target prices for Authority: Secs. 1102, 1115A, and 1871 of FOR FURTHER INFORMATION CONTACT: the same combinations as in the Social Security Act (42 U.S.C. 1302, performance years 1, 4, and 5, but with 1315(a), and 1395hh). Susan Gerhart, NMFS Southeast the potential for additional effective Regional Office, telephone: 727–824– ■ 2. Section 510.300 is amended by— 5305, email: susan.gerhart@noaa.gov. discount factors at reconciliation that ■ a. Removing paragraph (a)(4). reflect the reduced discount percentage SUPPLEMENTARY INFORMATION: The ■ b. Redesignating paragraph (a)(5) as for purposes of determining a hospital’s new paragraph (a)(4). fishery for coastal migratory pelagic fish responsibility for excess episode ■ c. Adding paragraph (c)(2)(iii). (king mackerel, Spanish mackerel, and spending.’’ The addition reads as follows: cobia) is managed under the Fishery 7. On page 73355— Management Plan for the Coastal a. First column, third full paragraph, § 510.300 Determination of episode target Migratory Pelagic Resources of the Gulf lines 6 and 7, the phrase ‘‘used to prices. of Mexico and South Atlantic (FMP). calculate its target prices.’’ is corrected * * * * * The FMP was prepared by the Gulf of to read ‘‘experienced at reconciliation’’. (c) * * * Mexico and South Atlantic Fishery b. Third column, first full paragraph, (2) * * * Management Councils (Councils) and is lines 32 and 33, the phrase ‘‘discount (iii) In performance years 4 and 5, 3.0 implemented by NMFS under the jstallworth on DSK7TPTVN1PROD with RULES factor for participant hospitals with’’ is percent. authority of the Magnuson-Stevens corrected to read ‘‘effective discount * * * * * Fishery Conservation and Management factor at reconciliation for participant Act (Magnuson-Stevens Act) by § 510.305 [Amended] regulations at 50 CFR part 622. hospitals with’’. 8. On page 73357, third column, last ■ 3. In § 510.305, paragraph (f)(1)(iii) is On January 30, 2012 (76 FR 82058, bulleted paragraph, lines 4 through 7 amended by removing the cross- December 29, 2011), NMFS and page 73358, first column, first reference ‘‘§ 510.410(b)(5)’’ and adding implemented a commercial quota of VerDate Sep<11>2014 13:44 Mar 03, 2016 Jkt 238001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\04MRR1.SGM 04MRR1

11452 Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Rules and Regulations 1,102,896 lb (500,265 kg) for Gulf pursuant to the authority set forth in 5 through 1200 hours, A.l.t., June 10, migratory group king mackerel in the U.S.C. 553(b)(B), because prior notice 2016. Florida east coast subzone (50 CFR and opportunity for public comment on FOR FURTHER INFORMATION CONTACT: 622.384(b)(1)(i)(A)). From November 1 this temporary rule is unnecessary and Obren Davis, 907–586–7228. through March 31, the Florida east coast contrary to the public interest. Such SUPPLEMENTARY INFORMATION: NMFS subzone encompasses an area of the EEZ procedures are unnecessary because the manages the groundfish fishery in the south of a line extending due east of the rule establishing the trip limits has already been subject to notice and GOA exclusive economic zone boundary between Flagler and Volusia Counties, FL, and north of a line comment, and all that remains is to according to the Fishery Management extending due east of the boundary notify the public of the trip limit Plan for Groundfish of the Gulf of between Miami-Dade and Monroe increase. Such procedures are contrary Alaska (FMP) prepared by the North Counties, FL. From November 1 through to the public interest, because prior Pacific Fishery Management Council the end of February, king mackerel in or notice and opportunity for public under authority of the Magnuson- from the subzone may be possessed on comment would require time, thus Stevens Fishery Conservation and board or landed from a permitted vessel delaying fishermen’s ability to catch Management Act. Regulations governing in amounts not exceeding 50 fish per more king mackerel than the present fishing by U.S. vessels in accordance day (50 CFR 622.385(a)(2)(i)(A)). trip limit allows and preventing with the FMP appear at subpart H of 50 However, beginning on March 1, if fishermen from reaping the CFR part 600 and 50 CFR part 679. less than 70 percent of the Florida east socioeconomic benefits associated with Regulations governing sideboard coast subzone king mackerel this increased trip limit. protections for GOA groundfish commercial quota has been harvested by As this action allows fishermen to fisheries appear at subpart B of 50 CFR that date, king mackerel in or from that increase their harvest of king mackerel part 680. subzone may be possessed on board or from 50 fish to 75 fish per day in or The A season allowance of the 2016 landed from a permitted vessel in from the EEZ of the Florida east coast Pacific cod total allowable catch (TAC) amounts not exceeding 75 fish per day subzone, the AA finds it relieves a apportioned to vessels using jig gear in (50 CFR 622.385(a)(2)(i)(B)(2)). restriction and may go into effect the Central Regulatory Area of the GOA NMFS has determined that less than without a 30-day delay in effectiveness, is 222 metric tons (mt), as established by 70 percent of the quota for Gulf pursuant to 5 U.S.C. 553(d)(1). the final 2015 and 2016 harvest migratory group king mackerel in the specifications for groundfish of the GOA Authority: 16 U.S.C. 1801 et seq. (80 FR 10250, February 25, 2015) and Florida east coast subzone will be harvested by March 1, 2016. Dated: March 1, 2016. inseason adjustment (81 FR 188, January Accordingly, a 75-fish trip limit applies Emily H. Menashes, 5, 2016). to vessels fishing for king mackerel in or Acting Director, Office of Sustainable In accordance with § 679.20(d)(1)(i), from the EEZ in the Florida east coast Fisheries, National Marine Fisheries Service. the Administrator, Alaska Region, subzone effective 12:01 a.m., local time, [FR Doc. 2016–04798 Filed 3–1–16; 4:15 pm] NMFS (Regional Administrator) has March 1, 2016. The 75-fish trip limit BILLING CODE 3510–22–P determined that the A season allowance will remain in effect until the of the 2016 Pacific cod TAC commercial quota is reached and the apportioned to vessels using jig gear in subzone closes, or until the end of the DEPARTMENT OF COMMERCE the Central Regulatory Area of the GOA subzone’s current fishing year on March will soon be reached. Therefore, the National Oceanic and Atmospheric Regional Administrator is establishing a 31, 2016. Administration directed fishing allowance of 217 mt Classification and is setting aside the remaining 5 mt The Regional Administrator, 50 CFR Part 679 as bycatch to support other anticipated Southeast Region, NMFS, has [Docket No. 140918791–4999–02] groundfish fisheries. In accordance with determined this temporary rule is § 679.20(d)(1)(iii), the Regional RIN 0648–XE482 Administrator finds that this directed necessary for the conservation and management of Gulf migratory group fishing allowance has been reached. Fisheries of the Exclusive Economic king mackerel and is consistent with the Consequently, NMFS is prohibiting Zone Off Alaska; Pacific Cod by Magnuson-Stevens Act and other directed fishing for Pacific cod by Vessels Using Jig Gear in the Central applicable laws. vessels using jig gear in the Central Regulatory Area of the Gulf of Alaska This action is taken under 50 CFR Regulatory Area of the GOA. After the 622.385(a)(2)(i)(B)(2) and is exempt AGENCY: National Marine Fisheries effective date of this closure the from review under Executive Order Service (NMFS), National Oceanic and maximum retainable amounts at 12866. Atmospheric Administration (NOAA), § 679.20(e) and (f) apply at any time These measures are exempt from the Commerce. during a trip. procedures of the Regulatory Flexibility ACTION: Temporary rule; closure. Act because the temporary rule is issued Classification without opportunity for prior notice and SUMMARY: NMFS is prohibiting directed This action responds to the best comment. fishing for Pacific cod by vessels using available information recently obtained This action responds to the best jig gear in the Central Regulatory Area from the fishery. The Assistant scientific information available. The of the Gulf of Alaska (GOA). This action Administrator for Fisheries, NOAA jstallworth on DSK7TPTVN1PROD with RULES Assistant Administrator for Fisheries, is necessary to prevent exceeding the A (AA), finds good cause to waive the NOAA (AA), finds that the need to season allowance of the 2016 Pacific requirement to provide prior notice and immediately implement this cod total allowable catch apportioned to opportunity for public comment commercial trip limit increase vessels using jig gear in the Central pursuant to the authority set forth at 5 constitutes good cause to waive the Regulatory Area of the GOA. U.S.C. 553(b)(B) as such requirement is requirements to provide prior notice DATES: Effective 1200 hours, Alaska impracticable and contrary to the public and opportunity for public comment local time (A.l.t.), March 1, 2016, interest. This requirement is VerDate Sep<11>2014 13:44 Mar 03, 2016 Jkt 238001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\04MRR1.SGM 04MRR1


Document Created: 2018-02-02 15:05:50
Document Modified: 2018-02-02 15:05:50
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; inseason trip limit increase.
DatesThis rule is effective 12:01 a.m., local time, March 1, 2016, through March 31, 2016.
ContactSusan Gerhart, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]
FR Citation81 FR 11451 
RIN Number0648-XE48
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