81_FR_17150 81 FR 17091 - Threatened and Endangered Marine and Anadromous Species

81 FR 17091 - Threatened and Endangered Marine and Anadromous Species

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 59 (March 28, 2016)

Page Range17091-17093
FR Document2016-07044

Federal Register, Volume 81 Issue 59 (Monday, March 28, 2016)
[Federal Register Volume 81, Number 59 (Monday, March 28, 2016)]
[Rules and Regulations]
[Pages 17091-17093]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07044]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 223 and 224


Threatened and Endangered Marine and Anadromous Species

CFR Correction

    In Title 50 of the Code of Federal Regulations, Parts 200 to 227, 
revised as of October 1, 2015, on page 305, in Sec.  223.102(e), revise 
the table entries for ``Sea turtle, loggerhead (Northwest Atlantic 
Ocean DPS)'', ``Sea turtle, loggerhead (South Atlantic Ocean DPS)'', 
``Sea turtle, loggerhead (Southeast Indo-Pacific Ocean DPS)'', and 
``Sea turtle, loggerhead (Southwest Indian Ocean DPS)'' to read as 
follows:


Sec.  223.102  Enumeration of threatened marine and anadromous species.

* * * * *
    (e) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                  Species \1\
--------------------------------------------------------------------------------     Citation(s) for listing          Critical
                                                          Description of listed          determination(s)              habitat            ESA rules
         Common name                Scientific name               entity
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Sea Turtles \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Sea turtle, loggerhead         Caretta caretta..........  Loggerhead sea         76 FR 58868, Sep 22, 2011......  17.95(c),         223.205, 223.206,
 (Northwest Atlantic Ocean                                 turtles originating                                     226.223.          223.207.
 DPS).                                                     from the Northwest
                                                           Atlantic Ocean north
                                                           of the equator,
                                                           south of 60[deg] N.
                                                           Lat., and west of
                                                           40[deg] W. Long.
Sea turtle, loggerhead (South  Caretta caretta..........  Loggerhead sea         76 FR 58868, Sep 22, 2011......  NA..............  223.205, 223.206,
 Atlantic Ocean DPS).                                      turtles originating                                                       223.207.
                                                           from the South
                                                           Atlantic Ocean south
                                                           of the equator,
                                                           north of 60[deg] S.
                                                           Lat., west of
                                                           20[deg] E. Long.,
                                                           and east of 67[deg]
                                                           W. Long.

[[Page 17092]]

 
Sea turtle, loggerhead         Caretta caretta..........  Loggerhead sea         76 FR 58868, Sep 22, 2011......  NA..............  223.205, 223.206,
 (Southeast Indo-Pacific                                   turtles originating                                                       223.207.
 Ocean DPS).                                               from the Southeast
                                                           Indian Ocean south
                                                           of the equator,
                                                           north of 60[deg] S.
                                                           Lat., and east of
                                                           80[deg] E. Long.;
                                                           South Pacific Ocean
                                                           south of the
                                                           equator, north of
                                                           60[deg] S. Lat., and
                                                           west of 141[deg] E.
                                                           Long.
Sea turtle, loggerhead         Caretta caretta..........  Loggerhead sea         76 FR 58868, Sep 22, 2011......  NA..............  223.205, 223.206,
 (Southwest Indian Ocean DPS).                             turtles originating                                                       223.207.
                                                           from the Southwest
                                                           Indian Ocean south
                                                           of the equator,
                                                           north of 60[deg] S.
                                                           Lat., east of
                                                           20[deg] E. Long.,
                                                           and west of 80[deg]
                                                           E. Long.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7, 1996), and
  evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991).
\2\ Jurisdiction for sea turtles by the Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service, is
  limited to turtles while in the water.

* * * * *

    On page 374, in Sec.  224.101(h), revise the table entries for 
``Sea turtle, loggerhead (Mediterranean Sea DPS)'', ``Sea turtle 
loggerhead (North Indian Ocean DPS)'', ``Sea turtle, loggerhead (North 
Pacific Ocean DPS)'', ``Sea turtle, loggerhead (Northeast Atlantic 
Ocean DPS)'', and ``Sea turtle, loggerhead (South Pacific Ocean DPS)'' 
to read as follows:


Sec.  224.101  Enumeration of endangered marine and anadromous species.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                     Species \1\
--------------------------------------------------------------------------------------      Citation(s) for listing          Critical
                                                               Description of listed            determination(s)              habitat        ESA Rules
          Common name                  Scientific name                 entity
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Sea Turtles \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sea turtle, loggerhead           Caretta caretta............  Loggerhead sea turtles   76 FR 58868, Sep 22, 2011........              NA         224.104
 (Mediterranean Sea DPS).                                      originating from the
                                                               Mediterranean Sea east
                                                               of 5[deg]36' W. Long.
Sea turtle, loggerhead (North    Caretta caretta............  Loggerhead sea turtles   76 FR 58868, Sep 22, 2011........              NA         224.104
 Indian Ocean DPS).                                            originating from the
                                                               North Indian Ocean
                                                               north of the equator
                                                               and south of 30[deg]
                                                               N. Lat.
Sea turtle, loggerhead (North    Caretta caretta............  Loggerhead sea turtles   76 FR 58868, Sep 22, 2011........              NA         224.104
 Pacific Ocean DPS).                                           originating from the
                                                               North Pacific north of
                                                               the equator and south
                                                               of 60[deg] N. Lat.
Sea turtle, loggerhead           Caretta caretta............  Loggerhead sea turtles   76 FR 58868, Sep 22, 2011........              NA         224.104
 (Northeast Atlantic Ocean DPS).                               originating from the
                                                               Northeast Atlantic
                                                               Ocean north of the
                                                               equator, south of
                                                               60[deg] N. Lat., and
                                                               east of 40[deg] W.
                                                               Long., except in the
                                                               vicinity of the Strait
                                                               of Gibraltar where the
                                                               eastern boundary is
                                                               5[deg]36' W. Long.
Sea turtle, loggerhead (South    Caretta caretta............  Loggerhead sea turtles   76 FR 58868, Sep 22, 2011........              NA         224.104
 Pacific Ocean DPS).                                           originating from the
                                                               South Pacific south of
                                                               the equator, north of
                                                               60[deg] S. Lat., west
                                                               of 67[deg] W. Long.,
                                                               and east of 141[deg]
                                                               E. Long.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7, 1996), and
  evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991).
\2\ Jurisdiction for sea turtles by the Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service, is
  limited to turtles while in the water.


[[Page 17093]]

* * * * *
[FR Doc. 2016-07044 Filed 3-25-16; 8:45 am]
 BILLING CODE 1505-01-D



                                                              Federal Register / Vol. 81, No. 59 / Monday, March 28, 2016 / Rules and Regulations                                                         17091

                                           channel sharing agreement. These                        collection requirements contained in the                announced by the Media Bureau by
                                           requirements were approved by OMB.                      Commission’s Incentive Auction Order,                   public notice, in order to request a
                                             OMB Control No.: 3060–0932.                           FCC 14–50, which adopted rules for                      change in the technical parameters
                                             OMB Approval Date: March 17, 2016.                    holding an Incentive Auction, as                        specified in the Channel Reassignment
                                             OMB Expiration Date: March 31,                        required by the Middle Class Tax Relief                 Public Notice with respect to height
                                           2019.                                                   and Job Creation Act of 2012 (Spectrum                  above average terrain (HAAT), effective
                                             Title: FCC Form 2100, Application for                 Act). The information gathered in this                  radiated power (ERP), or transmitter
                                           Media Bureau Audio and Video Service                    collection will be used allow Class A                   location that would be considered a
                                           Authorization, Schedule E (Former FCC                   television stations to make changes in                  minor change under sections
                                           Form 301–CA); 47 CFR 73.3700(b)(1)(i)–                  their authorized facilities. Specifically,              73.3572(a)(1), (2) or 74.787(b). FCC
                                           (v) and (vii), (b)(2)(i) and (ii); 47 CFR               Class A stations assigned to a new                      Form 2100, Schedule E was modified to
                                           74.793(d).                                              channel following the Incentive Auction                 accommodate new channel sharing
                                             Form No.: FCC Form 2100, Schedule                     must file a minor change application on                 provisions. OMB approved the
                                           E (Application for Media Bureau Audio                   FCC Form 2100, Schedule E following                     requirements.
                                           and Video Service Authorization)                        release of the Channel Reassignment                     Federal Communications Commission.
                                           (Former FCC Form 301–CA).                               Public Notice. Under certain
                                             Respondents: Business or other for-                                                                           Gloria J. Miles,
                                                                                                   circumstances, licensees of stations                    Federal Register Liaison Officer, Office of the
                                           profit entities; Not for profit institutions;           reassigned to a new channel within
                                           State, Local or Tribal Government.                                                                              Secretary.
                                                                                                   their existing band to propose                          [FR Doc. 2016–06814 Filed 3–25–16; 8:45 am]
                                             Number of Respondents and
                                                                                                   transmission facilities in their
                                           Responses: 725 respondents and 725                                                                              BILLING CODE 6712–01–P
                                                                                                   construction permit applications that
                                           responses.
                                                                                                   will extend their coverage contours. In
                                             Estimated Time per Response: 2.25
                                           hours–6 hours (for a total of 8.25 hours).              addition, there will be a priority
                                                                                                   processing window for licensees of                      DEPARTMENT OF COMMERCE
                                             Frequency of Response: One-time
                                           reporting requirement; On occasion                      reassigned stations, UHF-to-VHF
                                                                                                   stations, or High-VHF-to-Low-VHF                        National Oceanic and Atmospheric
                                           reporting requirement; Third party                                                                              Administration
                                           disclosure requirement; Recordkeeping                   stations that, for reasons beyond their
                                           requirement.                                            control, are unable to construct facilities
                                                                                                   that meet the technical parameters                      50 CFR Parts 223 and 224
                                             Obligation to Respond: Required to
                                           obtain or retain benefits. The statutory                specified in the Channel Reassignment                   Threatened and Endangered Marine
                                           authority for this collection is contained              Public Notice, or the permissible                       and Anadromous Species
                                           in 47 U.S.C. 151, 154(i), 157 and 309(j)                contour coverage variance from those
                                           as amended; Middle Class Tax Relief                     technical parameters specified in                       CFR Correction
                                           and Job Creation Act of 2012, Public                    section 73.3700(b)(1)(ii) or (iii). Channel                In Title 50 of the Code of Federal
                                           Law 112–96, sections 6402 (codified at                  sharee stations file a minor change                     Regulations, Parts 200 to 227, revised as
                                           47 U.S.C. 309(j)(8)(G)), 6403 (codified at              application for a construction permit for               of October 1, 2015, on page 305, in
                                           47 U.S.C. 1452), 126 Stat. 156 (2012)                   the channel on which the channel                        § 223.102(e), revise the table entries for
                                           (Spectrum Act) and the Community                        sharer operates at least sixty (60) days                ‘‘Sea turtle, loggerhead (Northwest
                                           Broadcasters Protection Act of 1999.                    prior to the date by which it must                      Atlantic Ocean DPS)’’, ‘‘Sea turtle,
                                             Total Annual Burden: 5,981 hours.                     terminate operations on its pre-auction                 loggerhead (South Atlantic Ocean
                                             Annual Cost Burden: $3,949,550.                       channel and must include a copy of the                  DPS)’’, ‘‘Sea turtle, loggerhead
                                             Privacy Act Impact Assessment: No                     channel sharing agreement. In addition,                 (Southeast Indo-Pacific Ocean DPS)’’,
                                           impact(s).                                              subject to limitations set out in the                   and ‘‘Sea turtle, loggerhead (Southwest
                                             Nature and Extent of Confidentiality:                 rules, a Class A licensee of a reassigned               Indian Ocean DPS)’’ to read as follows:
                                           There is no need for confidentiality with               station, a UHF-to-VHF station, or a
                                           this collection of information.                         High-VHF-to-Low-VHF station may file                    § 223.102 Enumeration of threatened
                                             Needs and Uses: The collection was                    a minor change application for a                        marine and anadromous species.
                                           submitted to the Office of Management                   construction permit on FCC Form 2100                    *       *    *         *         *
                                           (OMB) for the approval of information                   Schedule E during a filing window to be                     (e) * * *

                                                                                     Species 1                                                 Citation(s) for listing           Critical           ESA rules
                                                                                                                                                 determination(s)                habitat
                                             Common name             Scientific name                Description of listed entity


                                                     *                       *                       *                      *                        *                       *                        *

                                                                                                                      Sea Turtles 2


                                                     *                      *                         *                   *                         *                        *                         *
                                           Sea turtle, logger-     Caretta caretta .......    Loggerhead sea turtles originating            76 FR 58868, Sep 22,            17.95(c),            223.205,
                                             head (Northwest                                    from the Northwest Atlantic Ocean             2011.                            226.223.            223.206,
Lhorne on DSK5TPTVN1PROD with RULES




                                             Atlantic Ocean                                     north of the equator, south of 60°                                                                 223.207.
                                             DPS).                                              N. Lat., and west of 40° W. Long.
                                           Sea turtle, logger-     Caretta caretta .......    Loggerhead sea turtles originating            76 FR 58868, Sep 22,            NA ...............   223.205,
                                             head (South At-                                    from the South Atlantic Ocean                 2011.                                                223.206,
                                             lantic Ocean                                       south of the equator, north of 60° S.                                                              223.207.
                                             DPS).                                              Lat., west of 20° E. Long., and east
                                                                                                of 67° W. Long.



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                                           17092                 Federal Register / Vol. 81, No. 59 / Monday, March 28, 2016 / Rules and Regulations

                                                                                         Species 1                                                  Citation(s) for listing           Critical            ESA rules
                                                                                                                                                      determination(s)                habitat
                                               Common name               Scientific name                Description of listed entity

                                           Sea turtle, logger-         Caretta caretta .......    Loggerhead sea turtles originating             76 FR 58868, Sep 22,            NA ...............    223.205,
                                             head (Southeast                                        from the Southeast Indian Ocean                2011.                                                 223.206,
                                             Indo-Pacific                                           south of the equator, north of 60° S.                                                                223.207.
                                             Ocean DPS).                                            Lat., and east of 80° E. Long.;
                                                                                                    South Pacific Ocean south of the
                                                                                                    equator, north of 60° S. Lat., and
                                                                                                    west of 141° E. Long.
                                           Sea turtle, logger-         Caretta caretta .......    Loggerhead sea turtles originating             76 FR 58868, Sep 22,            NA ...............    223.205,
                                             head (Southwest                                        from the Southwest Indian Ocean                2011.                                                 223.206,
                                             Indian Ocean                                           south of the equator, north of 60° S.                                                                223.207.
                                             DPS).                                                  Lat., east of 20° E. Long., and west
                                                                                                    of 80° E. Long.

                                                       *                         *                       *                       *                        *                       *                         *
                                               1 Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7,
                                           1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991).
                                             2 Jurisdiction for sea turtles by the Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries
                                           Service, is limited to turtles while in the water.


                                           *       *       *       *       *                           Ocean DPS)’’, ‘‘Sea turtle, loggerhead                   § 224.101 Enumeration of endangered
                                                                                                       (North Pacific Ocean DPS)’’, ‘‘Sea turtle,               marine and anadromous species.
                                              On page 374, in § 224.101(h), revise                     loggerhead (Northeast Atlantic Ocean                     *       *    *         *         *
                                           the table entries for ‘‘Sea turtle,                         DPS)’’, and ‘‘Sea turtle, loggerhead
                                           loggerhead (Mediterranean Sea DPS)’’,                                                                                    (h) * * *
                                                                                                       (South Pacific Ocean DPS)’’ to read as
                                           ‘‘Sea turtle loggerhead (North Indian                       follows:

                                                                                         Species 1                                                  Citation(s) for listing            Critical           ESA Rules
                                                                                                                                                      determination(s)                 habitat
                                               Common name                Scientific name               Description of listed entity


                                                       *                         *                       *                       *                        *                       *                         *

                                                                                                                          Sea   Turtles 2

                                           Sea turtle, logger-         Caretta caretta .......    Loggerhead sea turtles originating             76 FR 58868, Sep 22,                             NA            224.104
                                             head (Mediterra-                                       from the Mediterranean Sea east of             2011.
                                             nean Sea DPS).                                         5°36′ W. Long.
                                           Sea turtle, logger-         Caretta caretta .......    Loggerhead sea turtles originating             76 FR 58868, Sep 22,                             NA            224.104
                                             head (North In-                                        from the North Indian Ocean north              2011.
                                             dian Ocean                                             of the equator and south of 30° N.
                                             DPS).                                                  Lat.
                                           Sea turtle, logger-         Caretta caretta .......    Loggerhead sea turtles originating             76 FR 58868, Sep 22,                             NA            224.104
                                             head (North Pa-                                        from the North Pacific north of the            2011.
                                             cific Ocean DPS).                                      equator and south of 60° N. Lat.
                                           Sea turtle, logger-         Caretta caretta .......    Loggerhead sea turtles originating             76 FR 58868, Sep 22,                             NA            224.104
                                             head (Northeast                                        from the Northeast Atlantic Ocean              2011.
                                             Atlantic Ocean                                         north of the equator, south of 60°
                                             DPS).                                                  N. Lat., and east of 40° W. Long.,
                                                                                                    except in the vicinity of the Strait of
                                                                                                    Gibraltar where the eastern bound-
                                                                                                    ary is 5°36′ W. Long.
                                           Sea turtle, logger- Caretta caretta .......            Loggerhead sea turtles originating             76 FR 58868, Sep 22,                             NA            224.104
                                             head (South Pa-                                        from the South Pacific south of the            2011.
                                             cific Ocean DPS).                                      equator, north of 60° S. Lat., west
                                                                                                    of 67° W. Long., and east of 141°
                                                                                                    E. Long.

                                                       *                         *                       *                       *                        *                       *                         *
                                               1 Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7,
                                           1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991).
                                             2 Jurisdiction for sea turtles by the Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries
                                           Service, is limited to turtles while in the water.
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                                                              Federal Register / Vol. 81, No. 59 / Monday, March 28, 2016 / Rules and Regulations                                               17093

                                           *      *     *       *      *                           is 551,448 lb (250,133 kg) (50 CFR                    Classification
                                           [FR Doc. 2016–07044 Filed 3–25–16; 8:45 am]             622.384(b)(1)(i)(B)(1)).
                                           BILLING CODE 1505–01–D                                     From November 1 through March 31,                     The Regional Administrator, NMFS
                                                                                                   the southern subzone encompasses an                   Southeast Region, has determined this
                                                                                                   area of the exclusive economic zone                   temporary rule is necessary for the
                                           DEPARTMENT OF COMMERCE                                  (EEZ) south of a line extending due west              conservation and management of Gulf
                                                                                                   from the Lee and Collier County,                      migratory group king mackerel and is
                                           National Oceanic and Atmospheric                        Florida, boundary on the Florida west                 consistent with the Magnuson-Stevens
                                           Administration                                          coast, and south of a line extending due              Act and other applicable laws.
                                                                                                   east from the Monroe and Miami-Dade                      This action is taken under 50 CFR
                                           50 CFR Part 622                                         County, Florida, boundary on the
                                                                                                                                                         622.8(b) and 622.388(a)(1) and is
                                           [Docket No. 001005281–0369–02]                          Florida east coast, which includes the
                                                                                                   EEZ off Collier and Monroe Counties,                  exempt from review under Executive
                                           RIN 0648–XE533                                          Florida. From April 1 through October                 Order 12866.
                                                                                                   31, the southern subzone is reduced to                   These measures are exempt from the
                                           Fisheries of the Caribbean, Gulf of                                                                           procedures of the Regulatory Flexibility
                                                                                                   the EEZ off Collier County, and the EEZ
                                           Mexico, and South Atlantic; 2016
                                                                                                   off Monroe County becomes part of the                 Act because the temporary rule is issued
                                           Commercial Accountability Measure                       Atlantic migratory group area.                        without opportunity for prior notice and
                                           and Closure for Coastal Migratory                          Under 50 CFR 622.8(b) and
                                           Pelagic Resources of the Gulf of                                                                              comment.
                                                                                                   622.388(a)(1), NMFS is required to close
                                           Mexico and South Atlantic                                                                                        This action responds to the best
                                                                                                   any component of the king mackerel
                                                                                                   commercial sector when its quota has                  scientific information available. The
                                           AGENCY:  National Marine Fisheries                                                                            Assistant Administrator for NOAA
                                           Service (NMFS), National Oceanic and                    been reached, or is projected to be
                                                                                                   reached, by filing a notification at the              Fisheries (AA), finds that the need to
                                           Atmospheric Administration (NOAA),
                                                                                                   Office of the Federal Register. NMFS has              immediately implement this action
                                           Commerce.
                                                                                                   determined the commercial quota for                   constitutes good cause to waive the
                                           ACTION: Temporary rule; closure.
                                                                                                   the hook-and-line component of the                    requirements to provide prior notice
                                           SUMMARY:   NMFS implements an                           commercial sector for Gulf migratory                  and opportunity for public comment
                                           accountability measure (AM) to close                    group king mackerel in the southern                   pursuant to the authority set forth in 5
                                           the hook-and-line component of the                      Florida west coast subzone will be                    U.S.C. 553(b)(B), as such prior notice
                                           commercial sector for king mackerel in                  reached by March 27, 2016.                            and opportunity for public comment on
                                           the Florida west coast southern                         Accordingly, the hook-and-line                        this temporary rule are unnecessary and
                                           subzone. This closure is necessary to                   component of the commercial sector for                contrary to the public interest. Such
                                           protect the Gulf of Mexico (Gulf) king                  Gulf migratory group king mackerel in                 procedures are unnecessary because the
                                           mackerel resource.                                      the Florida west coast southern subzone               regulations at 50 CFR 622.8(b) and
                                           DATES: This rule is effective 12:01 a.m.,
                                                                                                   is closed effective 12:01 a.m., local time,           622.388(a)(1) have already been subject
                                           local time, March 27, 2016, through                     March 27, 2016, through the end of the                to notice and comment, and all that
                                           June 30, 2016.                                          fishing year on June 30, 2016.                        remains is to notify the public of the
                                                                                                      On March 11, 2016, NMFS also closed
                                           FOR FURTHER INFORMATION CONTACT:                                                                              closure. Such procedures are contrary to
                                                                                                   the Florida west coast southern subzone
                                           Susan Gerhart, NMFS Southeast                           to commercial harvest of king mackerel                the public interest, because there is a
                                           Regional Office, telephone: 727–824–                    caught by run around gillnet gear,                    need to immediately implement this
                                           5305, email: susan.gerhart@noaa.gov.                    because the quota for that sector was                 action to protect the king mackerel
                                           SUPPLEMENTARY INFORMATION: The                          reached (81 FR 12826, March 11, 2016).                resource since the capacity of the
                                           fishery for coastal migratory pelagic fish              Therefore, during the closures no person              fishing fleet allows for rapid harvest of
                                           includes king mackerel, Spanish                         aboard a vessel for which a valid                     the commercial quota. Prior notice and
                                           mackerel, and cobia, and is managed                     commercial permit for king mackerel                   opportunity for public comment on this
                                           under the Fishery Management Plan for                   has been issued may harvest or possess                action would require time and would
                                           the Coastal Migratory Pelagic Resources                 Gulf migratory group king mackerel in                 potentially result in a harvest well in
                                           of the Gulf of Mexico and Atlantic                      or from Federal waters of the closed                  excess of the established commercial
                                           Region (FMP). The FMP was prepared                      subzone, as specified in 50 CFR                       quota.
                                           by the Gulf of Mexico and South                         622.384(e). However, there is one                        For the aforementioned reasons, the
                                           Atlantic Fishery Management Councils                    exception. A person aboard a vessel that
                                                                                                                                                         AA also finds good cause to waive the
                                           (Councils) and is implemented by                        has a valid Federal charter vessel/
                                                                                                                                                         30-day delay in effectiveness of the
                                           NMFS under the authority of the                         headboat permit and also has a
                                           Magnuson-Stevens Fishery                                commercial king mackerel permit for                   action under 5 U.S.C. 553(d)(3).
                                           Conservation and Management Act                         coastal migratory pelagic fish may                      Authority: 16 U.S.C. 1801 et seq.
                                           (Magnuson-Stevens Act) by regulations                   continue to retain king mackerel in or                  Dated: March 23, 2016.
                                           at 50 CFR part 622.                                     from the closed subzone under the 2-
                                                                                                                                                         Emily H. Menashes,
                                              The Gulf migratory group king                        fish daily recreational bag limit,
                                           mackerel is divided into western and                    provided the vessel is operating as a                 Acting Director, Office of Sustainable
                                           eastern zones. The Gulf’s eastern zone                  charter vessel or headboat. Charter                   Fisheries, National Marine Fisheries Service.
                                           for king mackerel is further divided into               vessels or headboats that have a valid                [FR Doc. 2016–06942 Filed 3–23–16; 4:15 pm]
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                                           the Florida west coast northern and                     commercial king mackerel permit are                   BILLING CODE 3510–22–P
                                           southern subzones that have separate                    considered to be operating as a charter
                                           commercial quotas. The 2015 to 2016                     vessel or headboat when they carry a
                                           fishing year quota for the hook-and-line                passenger who pays a fee or when more
                                           component of the commercial sector in                   than three persons are aboard, including
                                           the Florida west coast southern subzone                 operator and crew.


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Document Created: 2016-03-26 00:13:38
Document Modified: 2016-03-26 00:13:38
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
FR Citation81 FR 17091 
CFR Citation50 CFR 223
50 CFR 224

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