81 FR 71410 - Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; 2016-2017 Commercial Accountability Measures and Closure for King Mackerel in Western Zone of the Gulf of Mexico
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 200 (October 17, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 200 (October 17, 2016)
| Page Range | 71410-71411 | |
| FR Document | 2016-25052 |
[Federal Register Volume 81, Number 200 (Monday, October 17, 2016)] [Rules and Regulations] [Pages 71410-71411] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-25052] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 101206604-1758-02] RIN 0648-XE959 Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; 2016-2017 Commercial Accountability Measures and Closure for King Mackerel in Western Zone of the Gulf of Mexico AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- SUMMARY: NMFS implements accountability measures (AMs) for commercial king mackerel in the western zone of the Gulf of Mexico (Gulf) exclusive economic zone (EEZ) through this temporary rule. NMFS has determined that the commercial quota for king mackerel in the western zone of the Gulf EEZ will be reached by October 14, 2016. Therefore, NMFS closes the western zone of the Gulf EEZ to commercial king mackerel fishing on October 14, 2016. This closure is necessary to protect the Gulf king mackerel resource. DATES: The closure is effective at noon, local time, October 14, 2016, until 12:01 a.m., local time, on July 1, 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 (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 commercial quota for the Gulf migratory group king mackerel in the Gulf western zone is 1,071,360 lb (485,961 kg) for the current fishing year, July 1, 2016, through June 30, 2017 (50 CFR 622.384(b)(1)(ii)). Regulations at 50 CFR 622.388(a)(1)(i) require NMFS to close the commercial sector for Gulf migratory group king mackerel in the western zone when the commercial quota is reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. NMFS has determined the commercial quota of 1,071,360 lb (485,961 kg) for Gulf migratory group king mackerel in the western zone will be reached by October 14, 2016. Accordingly, the western zone is closed to commercial fishing for Gulf migratory group king mackerel effective at noon, local time, October 14, 2016, through June 30, 2017, the end of the current fishing year. The western zone of Gulf migratory group king mackerel is that part of the EEZ between a line extending east from the border of the United States and Mexico and 87[deg]31.1' W. long., which is a line extending south from the state boundary of Alabama and Florida. Except for a person aboard a charter vessel or headboat, during the closure no person aboard a vessel that has been issued a Federal commercial permit for king mackerel may fish for or retain Gulf migratory group king mackerel in the EEZ in the closed zone (50 CFR 622.384(e)(1)). A person aboard a vessel that has a valid Federal charter vessel/headboat permit for coastal migratory pelagic fish may continue to retain king mackerel in or from the closed zone under the recreational 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 (50 CFR 622.384(e)(2)). 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 from the closed zone, including those harvested under the bag and possession limits, may not be purchased or sold. This prohibition does not apply to king mackerel from the closed zone that were harvested, landed ashore, and sold prior to the closure and were held in cold storage by a dealer or processor (50 CFR 622.384(e)(3)). 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 622.388(a)(1)(i) and 622.384(e), and is [[Page 71411]] 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 good cause to waive the requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such procedures are unnecessary and contrary to the public interest. Such procedures are unnecessary because the rule implementing the commercial quota and the associated AMs has already been subject to notice and public comment, and all that remains is to notify the public of the closure. Additionally, allowing prior notice and opportunity for public comment is contrary to the public interest because of the need to immediately implement this action to protect the king mackerel stock, because the capacity of the fishing fleet allows for rapid harvest of the commercial quota. Prior notice and opportunity for public comment would require time and could 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 the effectiveness of this action under 5 U.S.C. 553(d)(3). Authority: 16 U.S.C. 1801 et seq. Dated: October 12, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-25052 Filed 10-12-16; 4:15 pm] BILLING CODE 3510-22-P
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reasonable time for reporting if access to DEPARTMENT OF COMMERCE mackerel in the western zone when the
these offices is limited due to closure. commercial quota is reached, or is
National Oceanic and Atmospheric projected to be reached, by filing a
(6) Additional taking authorizations
Administration notification to that effect with the Office
for Tribal employees, State and local
law enforcement officers, and State- of the Federal Register. NMFS has
50 CFR Part 622 determined the commercial quota of
licensed wildlife rehabilitation facilities.
[Docket No. 101206604–1758–02] 1,071,360 lb (485,961 kg) for Gulf
(i) Tribal employees and State and local
migratory group king mackerel in the
government law enforcement officers. RIN 0648–XE959 western zone will be reached by October
When acting in the course of their 14, 2016. Accordingly, the western zone
official duties, both Tribal employees Coastal Migratory Pelagic Resources is closed to commercial fishing for Gulf
designated by the Tribe for such of the Gulf of Mexico and South migratory group king mackerel effective
purposes, and State and local Atlantic; 2016–2017 Commercial at noon, local time, October 14, 2016,
government law enforcement officers Accountability Measures and Closure through June 30, 2017, the end of the
working in the States of Oregon or for King Mackerel in Western Zone of current fishing year. The western zone
Washington, may take CWTD for the the Gulf of Mexico of Gulf migratory group king mackerel is
following purposes: AGENCY: National Marine Fisheries that part of the EEZ between a line
(A) Aiding or euthanizing sick, Service (NMFS), National Oceanic and extending east from the border of the
injured, or orphaned CWTD; Atmospheric Administration (NOAA), United States and Mexico and 87°31.1′
Commerce. W. long., which is a line extending
(B) Disposing of a dead specimen; and south from the state boundary of
ACTION: Temporary rule; closure.
(C) Salvaging a dead specimen that Alabama and Florida.
may be used for scientific study. SUMMARY: NMFS implements Except for a person aboard a charter
(ii) Such take must be reported to the accountability measures (AMs) for vessel or headboat, during the closure
Service within 72 hours, and specimens commercial king mackerel in the no person aboard a vessel that has been
may be disposed of only in accordance western zone of the Gulf of Mexico issued a Federal commercial permit for
(Gulf) exclusive economic zone (EEZ) king mackerel may fish for or retain Gulf
with directions from the Service.
through this temporary rule. NMFS has migratory group king mackerel in the
(7) Wildlife rehabilitation facilities determined that the commercial quota EEZ in the closed zone (50 CFR
licensed by the States of Oregon or for king mackerel in the western zone of 622.384(e)(1)). A person aboard a vessel
Washington. When acting in the course the Gulf EEZ will be reached by October that has a valid Federal charter vessel/
of their official duties, a State-licensed 14, 2016. Therefore, NMFS closes the headboat permit for coastal migratory
wildlife rehabilitation facility may take western zone of the Gulf EEZ to pelagic fish may continue to retain king
CWTD for the purpose of aiding or commercial king mackerel fishing on mackerel in or from the closed zone
euthanizing sick, injured, or orphaned October 14, 2016. This closure is under the recreational bag and
CWTD. Such take must be reported to necessary to protect the Gulf king possession limits set forth in 50 CFR
the Service within 72 hours as required mackerel resource. 622.382(a)(1)(ii) and (a)(2), provided the
by paragraph (i)(5) of this section, and DATES: The closure is effective at noon, vessel is operating as a charter vessel or
specimens may be retained and local time, October 14, 2016, until 12:01 headboat (50 CFR 622.384(e)(2)). A
disposed of only in accordance with a.m., local time, on July 1, 2017. charter vessel or headboat that also has
directions from the Service. FOR FURTHER INFORMATION CONTACT: a commercial king mackerel permit is
(8) Take authorized by permits. Any Susan Gerhart, NMFS Southeast considered to be operating as a charter
Regional Office, telephone: 727–824– vessel or headboat when it carries a
person with a valid permit issued by the
5305, email: susan.gerhart@noaa.gov. passenger who pays a fee or when there
Service under § 17.32 may take CWTD,
SUPPLEMENTARY INFORMATION: The are more than three persons aboard,
pursuant to the special terms and
fishery for coastal migratory pelagic fish including operator and crew.
conditions of the permit.
(king mackerel, Spanish mackerel, and During the closure, king mackerel
* * * * * cobia) is managed under the Fishery from the closed zone, including those
Dated: October 5, 2016. Management Plan for the Coastal harvested under the bag and possession
Stephen Guertin, Migratory Pelagic Resources of the Gulf limits, may not be purchased or sold.
of Mexico and South Atlantic (FMP). This prohibition does not apply to king
Acting Director, U.S. Fish and Wildlife
Service. The FMP was prepared by the Gulf of mackerel from the closed zone that were
Mexico and South Atlantic Fishery harvested, landed ashore, and sold prior
[FR Doc. 2016–24790 Filed 10–14–16; 8:45 am]
Management Councils (Councils) and is to the closure and were held in cold
BILLING CODE 4333–15–P storage by a dealer or processor (50 CFR
implemented by NMFS under the
authority of the Magnuson-Stevens 622.384(e)(3)).
Fishery Conservation and Management Classification
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622. The Regional Administrator,
The commercial quota for the Gulf Southeast Region, NMFS, has
migratory group king mackerel in the determined this temporary rule is
jstallworth on DSK7TPTVN1PROD with RULES
Gulf western zone is 1,071,360 lb necessary for the conservation and
(485,961 kg) for the current fishing year, management of Gulf migratory group
July 1, 2016, through June 30, 2017 (50 king mackerel and is consistent with the
CFR 622.384(b)(1)(ii)). Magnuson-Stevens Act and other
Regulations at 50 CFR 622.388(a)(1)(i) applicable laws.
require NMFS to close the commercial This action is taken under 50 CFR
sector for Gulf migratory group king 622.388(a)(1)(i) and 622.384(e), and is
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![Federal Register / Vol. 81, No. 200 / Monday, October 17, 2016 / Rules and Regulations 71411
exempt from review under Executive contrary to the public interest. Such require time and could potentially result
Order 12866. procedures are unnecessary because the in a harvest well in excess of the
These measures are exempt from the rule implementing the commercial established commercial quota.
procedures of the Regulatory Flexibility quota and the associated AMs has For the aforementioned reasons, the
Act because the temporary rule is issued already been subject to notice and
AA also finds good cause to waive the
without opportunity for prior notice and public comment, and all that remains is
30-day delay in the effectiveness of this
comment. to notify the public of the closure.
This action responds to the best Additionally, allowing prior notice and action under 5 U.S.C. 553(d)(3).
scientific information available. The opportunity for public comment is Authority: 16 U.S.C. 1801 et seq.
Assistant Administrator for NOAA contrary to the public interest because Dated: October 12, 2016.
Fisheries (AA) finds good cause to of the need to immediately implement
Emily H. Menashes,
waive the requirements to provide prior this action to protect the king mackerel
notice and opportunity for public stock, because the capacity of the Acting Director, Office of Sustainable
comment pursuant to the authority set fishing fleet allows for rapid harvest of Fisheries, National Marine Fisheries Service.
forth at 5 U.S.C. 553(b)(B) as such the commercial quota. Prior notice and [FR Doc. 2016–25052 Filed 10–12–16; 4:15 pm]
procedures are unnecessary and opportunity for public comment would BILLING CODE 3510–22–P
jstallworth on DSK7TPTVN1PROD with RULES
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Document Created: 2016-10-15 01:52:04
Document Modified: 2016-10-15 01:52:04
| 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 at noon, local time, October 14, 2016, until 12:01 a.m., local time, on July 1, 2017. | |
| Contact | Susan Gerhart, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 81 FR 71410 | |
| RIN Number | 0648-XE95 |
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