81 FR 12826 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; 2016 Commercial Run-Around Gillnet Closure

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 48 (March 11, 2016)

Page Range		12826-12827
FR Document		2016-05482

NMFS implements an accountability measure (AM) through this temporary rule for commercial harvest of king mackerel in the Florida west coast southern subzone of the eastern zone of the Gulf of Mexico (Gulf) exclusive economic zone (EEZ) using run-around gillnet gear. NMFS has determined that the commercial annual catch limit (ACL; commercial quota) for king mackerel using run-around gillnet gear in the Florida west coast southern subzone of the Gulf EEZ will be reached by March 11, 2016. Therefore, NMFS closes the Florida west coast southern subzone to commercial king mackerel fishing using run-around gillnet gear in the Gulf EEZ. This closure is necessary to protect the Gulf king mackerel resource.

Federal Register, Volume 81 Issue 48 (Friday, March 11, 2016)

[Federal Register Volume 81, Number 48 (Friday, March 11, 2016)]
[Rules and Regulations]
[Pages 12826-12827]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05482]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 101206604-1758-02]
RIN 0648-XE406


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South 
Atlantic; 2016 Commercial Run-Around Gillnet Closure

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) through this 
temporary rule for commercial harvest of king mackerel in the Florida

[[Page 12827]]

west coast southern subzone of the eastern zone of the Gulf of Mexico 
(Gulf) exclusive economic zone (EEZ) using run-around gillnet gear. 
NMFS has determined that the commercial annual catch limit (ACL; 
commercial quota) for king mackerel using run-around gillnet gear in 
the Florida west coast southern subzone of the Gulf EEZ will be reached 
by March 11, 2016. Therefore, NMFS closes the Florida west coast 
southern subzone to commercial king mackerel fishing using run-around 
gillnet gear in the Gulf EEZ. This closure is necessary to protect the 
Gulf king mackerel resource.

DATES: The closure is effective from 12:01 p.m., eastern standard time, 
March 11, 2016, until 6 a.m., eastern standard time, January 17, 2017.

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 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.
    Gulf migratory group king mackerel's Florida west coast subzone of 
the Gulf eastern zone is divided into northern and southern subzones, 
each with separate commercial quotas. From November 1 through March 31, 
the southern subzone encompasses an area of the EEZ south of a line 
extending due west of the Lee and Collier County, FL, boundary on the 
Florida west coast, and south of a line extending due east of the 
Monroe and Miami-Dade County, FL, boundary on the Florida east coast, 
which includes the EEZ off Collier and Monroe Counties, FL. From April 
1 through October 31, the southern subzone is reduced to the EEZ off 
Collier County, and the EEZ off Monroe County becomes part of the 
Atlantic migratory group area (50 CFR 622.369(a)(1)(ii)(A)(2)).
    The commercial quota for the Gulf migratory group king mackerel in 
the Florida west coast southern subzone is 551,448 lb (250,133 kg) for 
vessels using run-around gillnet gear (50 CFR 622.384(b)(1)(i)(B)(1)), 
for the current fishing year, July 1, 2015, through June 30, 2016.
    Regulations at 50 CFR 622.8(b) and 622.388(a)(1) require NMFS to 
close any segment of the king mackerel commercial sector when its quota 
has been reached, or is projected to be reached, by filing a 
notification with the Office of the Federal Register. NMFS has 
determined that the commercial quota of 551,448 lb (250,133 kg) for 
Gulf group king mackerel for vessels using run-around gillnet gear in 
the Florida west coast southern subzone will be reached by March 11, 
2016. Accordingly, commercial fishing using such gear in the Florida 
west coast southern subzone is closed at 12:01 p.m., eastern standard 
time, March 11, 2016, until 6 a.m., eastern standard time, January 17, 
2017, the beginning of the next fishing season, i.e., the day after the 
2017 Martin Luther King, Jr. Federal holiday. Accordingly, the operator 
of a vessel that has been issued a Federal commercial permit to harvest 
Gulf migratory group king mackerel using run-around gillnet gear in the 
Florida west coast southern subzone must have landed ashore and 
bartered, traded, or sold such king mackerel prior to 12:01 p.m., 
eastern standard time, March 11, 2016.
    Persons aboard a vessel for which a commercial permit for king 
mackerel has been issued, except persons who also possess a king 
mackerel gillnet permit, may fish for or retain Gulf group king 
mackerel harvested using hook-and-line gear in the Florida west coast 
southern subzone unless the commercial quota for hook-and-line gear has 
been met and the hook-and-line segment of the commercial sector has 
been closed. 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 closed zones or subzones 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 harvested using run-around 
gillnet gear in the Florida west coast southern subzone may not be 
purchased or sold. This prohibition does not apply to king mackerel 
harvested using run-around gillnet gear in the Florida west coast 
southern subzone that were harvested, landed ashore, and sold prior to 
the closure and were held in cold storage by a dealer or processor.

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 622.8(b) and 622.388(a)(1) 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 segment of the 
fishery that uses run-around gillnet gear 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 implementing the 
commercial quota and the associated requirement for closure of the 
commercial harvest when the commercial quota is reached or projected to 
be reached has already been subject to notice and comment, and all that 
remains is to notify the public of the closure. Prior notice and 
opportunity for public comment is contrary to the public interest, 
because any delay in the closure of the commercial harvest could result 
in the commercial quota being exceeded. There is a need to immediately 
implement this action to protect the king mackerel resource, because 
the capacity of the fishing fleet allows for rapid harvest of the 
quota. Prior notice and opportunity for public comment on this action 
would require time and would 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 under 5 U.S.C. 553(d)(3).

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

    Dated: March 7, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-05482 Filed 3-8-16; 4:15 pm]
BILLING CODE 3510-22-P

12826 Federal Register / Vol. 81, No. 48 / Friday, March 11, 2016 / Rules and Regulations

is not a ‘‘significant regulatory action’’ requirements of sections 5(b) and 5(c) of List of Subjects in 40 CFR Part 49
and therefore is not subject to review by the Executive Order do not apply to this Environmental protection,
the Office of Management and Budget. rule. Administrative practice and procedure,
For this reason, this action is also not This action also does not have
Air pollution control, Indians,
subject to Executive Order 13211, Federalism implications because it does
Intergovernmental relations, Reporting
‘‘Actions Concerning Regulations That not have substantial direct effects on the
and recordkeeping requirements.
Significantly Affect Energy Supply, states, on the relationship between the
Distribution, or Use’’ (66 FR 28355, May national government and the states, or Dated: February 29, 2016.
22, 2001). This action merely makes a on the distribution of power and Dennis J. McLerran,
technical amendment and gives notice responsibilities among the various Regional Administrator, Region 10.
of a partial delegation of administrative levels of government, as specified in Chapter I, title 40 of the Code of
authority. Accordingly, the Executive Order 13132 (64 FR 43255, Federal Regulations is amended as
Administrator certifies that this rule August 10, 1999). This technical follows:
will not have a significant economic amendment merely notes that partial
impact on a substantial number of small delegation of administrative authority to PART 49—INDIAN COUNTRY; AIR
entities under the Regulatory Flexibility the Confederated Tribes of the Colville QUALITY PLANNING AND
Act (5 U.S.C. 601 et seq.). This rule does Reservation is in effect. This rule also is MANAGEMENT
not contain any unfunded mandate or not subject to Executive Order 13045,
‘‘Protection of Children from ■ 1. The authority citation for part 49
significantly or uniquely affect small
Environmental Health Risks and Safety continues to read as follows:
governments, as described in the
Unfunded Mandates Reform Act of 1995 Risks’’ (62 FR 19885, April 23, 1997), Authority: 42 U.S.C. 7401 et seq.
(Pub. L. 104–4). because it is not economically
significant. Subpart M—Implementation Plans for
Executive Order 13175, entitled This action does not involve technical Tribes—Region X
‘‘Consultation and Coordination with standards; thus, the requirements of
Indian Tribal Governments’’ (65 FR section 12(d) of the National ■ 2. Section 49.9960 is amended by
67249, November 6, 2000), requires the Technology Transfer and Advancement adding a note to the end of the section
EPA to develop an accountable process Act of 1995 (15 U.S.C. 272 note) do not to read as follows:
to ensure ‘‘meaningful and timely input apply. This rule does not impose an
by tribal officials in the development of § 49.9960 Federally-promulgated
information collection burden under the regulations and Federal implementation
regulatory policies that have tribal provisions of the Paperwork Reduction plans.
implications.’’ ‘‘Policies that have tribal Act of 1995 (44 U.S.C. 3501 et seq.).
implications’’ is defined in the * * * * *
The Congressional Review Act, 5
Executive Order to include regulations U.S.C. 801 et seq., as added by the Small Note to § 49.9960: The EPA entered into a
that have ‘‘substantial direct effects on Business Regulatory Enforcement Partial Delegation of Administrative
one or more Indian tribes, on the Fairness Act of 1996, generally provides Authority with the Confederated Tribes of
relationship between the Federal the Colville Reservation on October 26, 2015
that before a rule may take effect, the
government and the Indian tribes, or on for the rules listed in paragraphs (b), (i), and
agency promulgating the rule must (k) of this section.
the distribution of power and submit a rule report, which includes a
responsibilities between the Federal copy of the rule, to each House of the [FR Doc. 2016–05556 Filed 3–10–16; 8:45 am]
government and Indian tribes.’’ Under Congress and to the Comptroller General BILLING CODE 6560–50–P
section 5(b) of Executive Order 13175, of the United States. The EPA will
the EPA may not issue a regulation that submit a report containing this rule and
has tribal implications, that imposes other required information to the U.S. DEPARTMENT OF COMMERCE
substantial direct compliance costs, and Senate, the U.S. House of
that is not required by statute, unless Representatives, and the Comptroller National Oceanic and Atmospheric
the Federal government provides the General of the United States prior to Administration
funds necessary to pay the direct publication of the rule in the Federal
compliance costs incurred by tribal Register. A major rule cannot take effect 50 CFR Part 622
governments, or the EPA consults with until 60 days after it is published in the [Docket No. 101206604–1758–02]
tribal officials early in the process of Federal Register. This action is not a
developing the proposed regulation. ‘‘major rule’’ as defined by 5 U.S.C. RIN 0648–XE406
Under section 5(c) of Executive Order 804(2).
13175, the EPA may not issue a Under section 307(b)(1) of the Clean Fisheries of the Caribbean, Gulf of
regulation that has tribal implications Air Act, petitions for judicial review of Mexico, and South Atlantic; Coastal
and that preempts tribal law, unless the this action must be filed in the United Migratory Pelagic Resources of the
Agency consults with tribal officials States Court of Appeals for the Gulf of Mexico and South Atlantic;
early in the process of developing the appropriate circuit by May 10, 2016. 2016 Commercial Run-Around Gillnet
regulation. The EPA has concluded that Filing a petition for reconsideration by Closure
this rule may have tribal implications. the Administrator of this final rule does AGENCY: National Marine Fisheries
The EPA’s action fulfills a requirement not affect the finality of this rule for the Service (NMFS), National Oceanic and
asabaliauskas on DSK3SPTVN1PROD with RULES

to publish a notice announcing partial purposes of judicial review nor does it Atmospheric Administration (NOAA),
delegation of administrative authority to extend the time within which a petition Commerce.
the Confederated Tribes of the Colville for judicial review may be filed, and ACTION: Temporary rule; closure.
Reservation and noting the partial shall not postpone the effectiveness of
delegation in the CFR. However, it will such rule or action. This action may not SUMMARY: NMFS implements an
neither impose substantial direct be challenged later in proceedings to accountability measure (AM) through
compliance costs on tribal governments, enforce its requirements. (See section this temporary rule for commercial
nor preempt tribal law. Thus, the 307(b)(2)) harvest of king mackerel in the Florida

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Document Created: 2016-03-11 01:50:55
Document Modified: 2016-03-11 01:50:55

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 from 12:01 p.m., eastern standard time, March 11, 2016, until 6 a.m., eastern standard time, January 17, 2017.
Contact		Susan Gerhart, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]
FR Citation		81 FR 12826
RIN Number		0648-XE40

81 FR 12826 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; 2016 Commercial Run-Around Gillnet Closure

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 48 (March 11, 2016)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration