81 FR 17093 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2016 Commercial Accountability Measure and Closure for Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 59 (March 28, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 59 (March 28, 2016)
| Page Range | 17093-17093 | |
| FR Document | 2016-06942 |
[Federal Register Volume 81, Number 59 (Monday, March 28, 2016)] [Rules and Regulations] [Page 17093] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-06942] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 001005281-0369-02] RIN 0648-XE533 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2016 Commercial Accountability Measure and Closure for Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- SUMMARY: NMFS implements an accountability measure (AM) to close the hook-and-line component of the commercial sector for king mackerel in the Florida west coast southern subzone. This closure is necessary to protect the Gulf of Mexico (Gulf) king mackerel resource. DATES: This rule is effective 12:01 a.m., local time, March 27, 2016, through June 30, 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 includes king mackerel, Spanish mackerel, and cobia, and is managed under the Fishery Management Plan for the Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region (FMP). The FMP was prepared by the Gulf of Mexico and South Atlantic Fishery Management Councils (Councils) and is implemented by NMFS under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. The Gulf migratory group king mackerel is divided into western and eastern zones. The Gulf's eastern zone for king mackerel is further divided into the Florida west coast northern and southern subzones that have separate commercial quotas. The 2015 to 2016 fishing year quota for the hook-and-line component of the commercial sector in the Florida west coast southern subzone is 551,448 lb (250,133 kg) (50 CFR 622.384(b)(1)(i)(B)(1)). From November 1 through March 31, the southern subzone encompasses an area of the exclusive economic zone (EEZ) south of a line extending due west from the Lee and Collier County, Florida, boundary on the Florida west coast, and south of a line extending due east from the Monroe and Miami-Dade County, Florida, boundary on the Florida east coast, which includes the EEZ off Collier and Monroe Counties, Florida. 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. Under 50 CFR 622.8(b) and 622.388(a)(1), NMFS is required to close any component of the king mackerel commercial sector when its quota has been reached, or is projected to be reached, by filing a notification at the Office of the Federal Register. NMFS has determined the commercial quota for the hook-and-line component of the commercial sector for Gulf migratory group king mackerel in the southern Florida west coast subzone will be reached by March 27, 2016. Accordingly, the hook-and-line component of the commercial sector for Gulf migratory group king mackerel in the Florida west coast southern subzone is closed effective 12:01 a.m., local time, March 27, 2016, through the end of the fishing year on June 30, 2016. On March 11, 2016, NMFS also closed the Florida west coast southern subzone to commercial harvest of king mackerel caught by run around gillnet gear, because the quota for that sector was reached (81 FR 12826, March 11, 2016). Therefore, during the closures no person aboard a vessel for which a valid commercial permit for king mackerel has been issued may harvest or possess Gulf migratory group king mackerel in or from Federal waters of the closed subzone, as specified in 50 CFR 622.384(e). However, there is one exception. A person aboard a vessel that has a valid Federal charter vessel/headboat permit and also has a commercial king mackerel permit for coastal migratory pelagic fish may continue to retain king mackerel in or from the closed subzone under the 2-fish daily recreational bag limit, provided the vessel is operating as a charter vessel or headboat. Charter vessels or headboats that have a valid commercial king mackerel permit are considered to be operating as a charter vessel or headboat when they carry a passenger who pays a fee or when more than three persons are aboard, including operator and crew. Classification The Regional Administrator, NMFS Southeast Region, 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 NOAA Fisheries (AA), finds that the need to immediately implement this action 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), as such prior notice and opportunity for public comment on this temporary rule are unnecessary and contrary to the public interest. Such procedures are unnecessary because the regulations at 50 CFR 622.8(b) and 622.388(a)(1) have already been subject to notice and comment, and all that remains is to notify the public of the closure. Such procedures are contrary to the public interest, because there is a need to immediately implement this action to protect the king mackerel resource since the capacity of the fishing fleet allows for rapid harvest of the commercial 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 commercial quota. For the aforementioned reasons, the AA also finds good cause to waive the 30-day delay in effectiveness of the action under 5 U.S.C. 553(d)(3). Authority: 16 U.S.C. 1801 et seq. Dated: March 23, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-06942 Filed 3-23-16; 4:15 pm] BILLING CODE 3510-22-P
![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]
Lhorne on DSK5TPTVN1PROD with RULES
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.
VerDate Sep<11>2014 14:39 Mar 25, 2016 Jkt 238001 PO 00000 Frm 00033 Fmt 4700 Sfmt 9990 E:\FR\FM\28MRR1.SGM 28MRR1](https://thefederalregister.org/doc/81_FR_17152/page/1.svg)
Document Created: 2016-03-26 00:13:07
Document Modified: 2016-03-26 00:13:07
| 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 | This rule is effective 12:01 a.m., local time, March 27, 2016, through June 30, 2016. | |
| Contact | Susan Gerhart, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 81 FR 17093 | |
| RIN Number | 0648-XE53 |
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