81 FR 78941 - Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; 2016-2017 Commercial Accountability Measures and Closure for King Mackerel in the Florida West Coast Northern Subzone
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 218 (November 10, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 218 (November 10, 2016)
| Page Range | 78941-78942 | |
| FR Document | 2016-27200 |
[Federal Register Volume 81, Number 218 (Thursday, November 10, 2016)] [Rules and Regulations] [Pages 78941-78942] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-27200] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 101206604-1758-02] RIN 0648-XF017 Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; 2016-2017 Commercial Accountability Measures and Closure for King Mackerel in the Florida West Coast Northern Subzone AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- SUMMARY: NMFS implements accountability measures (AMs) for commercially harvested king mackerel in the Florida west coast northern subzone of the eastern 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 eastern zone, Florida west coast northern subzone of the Gulf EEZ will be reached by November 10, 2016. Therefore, NMFS closes the Florida west coast northern subzone to commercial fishing for king mackerel on November 10, 2016, to protect the Gulf king mackerel resource. DATES: The closure is effective at noon, local time, November 10, 2016, until 12:01 a.m., local time, on October 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 includes king mackerel, Spanish mackerel, and cobia, and is managed under the Fishery Management Plan for Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region (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. The Gulf migratory group of 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 Florida west coast northern subzone is that part of the Gulf EEZ between 26[deg]19.8' N. lat., a line extending directly west from the boundary between Lee and Collier Counties, Florida, and 87[deg]31.1' W. long., a line extending directly south from the state boundary of Alabama and Florida. The commercial quota for the Florida west coast northern subzone is 178,848 lb (81,124 kg), round or gutted weight, as specified in 50 CFR 622.384(b)(1)(i)(B)(2). Regulations at 50 CFR 622.8(b) and 50 CFR 622.388(a)(1)(i) require NMFS to close the commercial sector for Gulf migratory group king mackerel in the [[Page 78942]] Florida west coast northern subzone 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. Based on the best scientific information available, NMFS has determined the commercial quota of 178,848 lb (81,124 kg) for Gulf migratory group king mackerel in the Florida west coast northern subzone will be reached by November 10, 2016. Accordingly, the Florida west coast northern subzone is closed to commercial fishing for Gulf migratory group king mackerel effective from noon, local time, November 10, 2016, through September 30, 2017, the end of the current fishing year. The next fishing year for the Florida west coast northern subzone is October 1, 2017, through September 30, 2018. Except for a person aboard a charter vessel or headboat, during the closure, no person aboard a vessel for which a commercial permit for king mackerel has been issued may fish for or retain Gulf group king mackerel in the EEZ in the closed subzone, as specified in 50 CFR 622.384(e)(1) and (2). 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 the closed subzone 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 from the closed subzone, 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 zones or subzones that were harvested, landed ashore, and sold prior to the closure and were held in cold storage by a dealer or processor, as specified in 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 50 CFR 622.384(e) 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 to close the Florida west coast northern subzone of the Gulf eastern zone to commercial king mackerel fishing constitutes 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. Such procedures are contrary to the public interest because the capacity of the fishing fleet allows for rapid harvest of the commercial quota, and there is a need to immediately implement this action to protect the king mackerel resource. 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: November 7, 2016. Jenni Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-27200 Filed 11-7-16; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Rules and Regulations 78941
the exemption in this final rule, do not with Indian Tribal Governments’’ (65 FR List of Subjects in 40 CFR Part 180
require the issuance of a proposed rule, 67249, November 9, 2000) do not apply Environmental protection,
the requirements of the Regulatory to this action. In addition, this action Administrative practice and procedure,
Flexibility Act (RFA) (5 U.S.C. 601 et does not impose any enforceable duty or Agricultural commodities, Pesticides
seq.), do not apply. contain any unfunded mandate as and pests, Reporting and recordkeeping
This action directly regulates growers, described under Title II of the Unfunded requirements.
food processors, food handlers, and food Mandates Reform Act (UMRA) (2 U.S.C.
retailers, not States or tribes, nor does 1501 et seq.). Dated: October 28, 2016.
this action alter the relationships or This action does not involve any Rachel C. Holloman,
distribution of power and technical standards that would require Acting Director, Registration Division, Office
responsibilities established by Congress Agency consideration of voluntary of Pesticide Programs.
in the preemption provisions of FFDCA consensus standards pursuant to section Therefore, 40 CFR chapter I is
section 408(n)(4). As such, the Agency 12(d) of the National Technology amended as follows:
has determined that this action will not Transfer and Advancement Act
have a substantial direct effect on States (NTTAA) (15 U.S.C. 272 note). PART 180—[AMENDED]
or tribal governments, on the
relationship between the national VIII. Congressional Review Act ■ 1. The authority citation for part 180
government and the States or tribal Pursuant to the Congressional Review continues to read as follows:
governments, or on the distribution of Act (5 U.S.C. 801 et seq.), EPA will Authority: 21 U.S.C. 321(q), 346a and 371.
power and responsibilities among the submit a report containing this rule and ■ 2. In § 180.910, add alphabetically the
various levels of government or between other required information to the U.S. inert ingredient to the table to read as
the Federal Government and Indian Senate, the U.S. House of follows:
tribes. Thus, the Agency has determined Representatives, and the Comptroller
that Executive Order 13132, entitled General of the United States prior to § 180.910 Inert ingredients used pre- and
‘‘Federalism’’ (64 FR 43255, August 10, publication of the rule in the Federal post-harvest; exemptions from the
1999) and Executive Order 13175, Register. This action is not a ‘‘major requirement of a tolerance.
entitled ‘‘Consultation and Coordination rule’’ as defined by 5 U.S.C. 804(2). * * * * *
Inert ingredients Limits Uses
* * * * * * *
di-n-Butyl adipate (CAS Reg. No. Not to exceed 25% by weight of Plasticizer in pesticide formulations for varroa mite control around bee
105–99–7). pesticide formulation. hives
* * * * * * *
[FR Doc. 2016–27209 Filed 11–9–16; 8:45 am] subzone of the eastern zone of the Gulf Gulf of Mexico and South Atlantic
BILLING CODE 6560–50–P of Mexico (Gulf) exclusive economic Fishery Management Councils and is
zone (EEZ) through this temporary rule. implemented by NMFS under the
NMFS has determined that the authority of the Magnuson-Stevens
DEPARTMENT OF COMMERCE commercial quota for king mackerel in Fishery Conservation and Management
the eastern zone, Florida west coast Act (Magnuson-Stevens Act) by
National Oceanic and Atmospheric northern subzone of the Gulf EEZ will regulations at 50 CFR part 622.
Administration be reached by November 10, 2016. The Gulf migratory group of king
Therefore, NMFS closes the Florida mackerel is divided into western and
50 CFR Part 622 west coast northern subzone to eastern zones. The Gulf’s eastern zone
[Docket No. 101206604–1758–02]
commercial fishing for king mackerel on for king mackerel is further divided into
November 10, 2016, to protect the Gulf the Florida west coast northern and
RIN 0648–XF017 king mackerel resource. southern subzones that have separate
DATES: The closure is effective at noon, commercial quotas. The Florida west
Coastal Migratory Pelagic Resources coast northern subzone is that part of
of the Gulf of Mexico and Atlantic local time, November 10, 2016, until
12:01 a.m., local time, on October 1, the Gulf EEZ between 26°19.8′ N. lat., a
Region; 2016–2017 Commercial line extending directly west from the
Accountability Measures and Closure 2017.
boundary between Lee and Collier
for King Mackerel in the Florida West FOR FURTHER INFORMATION CONTACT: Counties, Florida, and 87°31.1′ W. long.,
Coast Northern Subzone Susan Gerhart, NMFS Southeast a line extending directly south from the
AGENCY: National Marine Fisheries Regional Office, telephone: 727–824– state boundary of Alabama and Florida.
Service (NMFS), National Oceanic and 5305, email: susan.gerhart@noaa.gov. The commercial quota for the Florida
asabaliauskas on DSK3SPTVN1PROD with RULES
Atmospheric Administration (NOAA), SUPPLEMENTARY INFORMATION: The west coast northern subzone is 178,848
Commerce. fishery for coastal migratory pelagic fish lb (81,124 kg), round or gutted weight,
ACTION: Temporary rule; closure. includes king mackerel, Spanish as specified in 50 CFR
mackerel, and cobia, and is managed 622.384(b)(1)(i)(B)(2).
SUMMARY: NMFS implements under the Fishery Management Plan for Regulations at 50 CFR 622.8(b) and 50
accountability measures (AMs) for Coastal Migratory Pelagic Resources in CFR 622.388(a)(1)(i) require NMFS to
commercially harvested king mackerel the Gulf of Mexico and Atlantic Region close the commercial sector for Gulf
in the Florida west coast northern (FMP). The FMP was prepared by the migratory group king mackerel in the
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![78942 Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Rules and Regulations
Florida west coast northern subzone and is exempt from review under DEPARTMENT OF COMMERCE
when the commercial quota is reached, Executive Order 12866.
or is projected to be reached, by filing National Oceanic and Atmospheric
These measures are exempt from the
a notification to that effect with the Administration
procedures of the Regulatory Flexibility
Office of the Federal Register. Based on Act because the temporary rule is issued
the best scientific information available, 50 CFR Part 648
without opportunity for prior notice and
NMFS has determined the commercial [Docket No. 151211999–6343–02]
comment.
quota of 178,848 lb (81,124 kg) for Gulf
migratory group king mackerel in the This action responds to the best RIN 0648–XF030
Florida west coast northern subzone scientific information available. The
will be reached by November 10, 2016. Assistant Administrator for NOAA Fisheries of the Northeastern United
Accordingly, the Florida west coast Fisheries (AA) finds that the need to States; Northeast Multispecies
northern subzone is closed to immediately implement this action to Fishery; Witch Flounder Trimester
commercial fishing for Gulf migratory Total Allowable Catch Area Closure for
close the Florida west coast northern
group king mackerel effective from the Common Pool Fishery
subzone of the Gulf eastern zone to
noon, local time, November 10, 2016, commercial king mackerel fishing AGENCY: National Marine Fisheries
through September 30, 2017, the end of constitutes good cause to waive the Service (NMFS), National Oceanic and
the current fishing year. The next requirements to provide prior notice Atmospheric Administration (NOAA),
fishing year for the Florida west coast and opportunity for public comment Commerce.
northern subzone is October 1, 2017, pursuant to the authority set forth at 5 ACTION: Temporary rule; area closure.
through September 30, 2018. U.S.C. 553(b)(B), as such procedures are
Except for a person aboard a charter unnecessary and contrary to the public SUMMARY: This action closes the Witch
vessel or headboat, during the closure, Flounder Trimester Total Allowable
interest. Such procedures are
no person aboard a vessel for which a Catch Area to Northeast multispecies
unnecessary, because the rule
commercial permit for king mackerel common pool vessels fishing with trawl
implementing the commercial quota and
has been issued may fish for or retain gear for the remainder of Trimester 2,
the associated AMs has already been through December 31, 2016. The
Gulf group king mackerel in the EEZ in
subject to notice and public comment, common pool fishery is projected to
the closed subzone, as specified in 50
and all that remains is to notify the have caught 90 percent of its Trimester
CFR 622.384(e)(1) and (2). A person
aboard a vessel that has a valid charter public of the closure. Such procedures 2 quota for witch flounder. The closure
vessel/headboat permit for coastal are contrary to the public interest is intended to prevent an overage of the
migratory pelagic fish may continue to because the capacity of the fishing fleet common pool’s quota for this stock.
retain king mackerel in or from the allows for rapid harvest of the DATES: This action is effective
closed subzone under the bag and commercial quota, and there is a need November 9, 2016, through December
possession limits set forth in 50 CFR to immediately implement this action to 31, 2016.
622.382(a)(1)(ii) and (a)(2), provided the protect the king mackerel resource. Prior FOR FURTHER INFORMATION CONTACT: Liz
vessel is operating as a charter vessel or notice and opportunity for public Sullivan, Fishery Management
headboat. A charter vessel or headboat comment would require time and could Specialist, (978) 282–8493.
that also has a commercial king potentially result in a harvest well in SUPPLEMENTARY INFORMATION: Federal
mackerel permit is considered to be excess of the established commercial regulations at 50 CFR 648.82(n)(2)(ii)
operating as a charter vessel or headboat quota. require the Regional Administrator to
when it carries a passenger who pays a For the aforementioned reasons, the close a common pool Trimester Total
fee or when there are more than three AA also finds good cause to waive the Allowable Catch (TAC) Area for a stock
persons aboard, including operator and 30-day delay in the effectiveness of this when 90 percent of the Trimester TAC
crew. is projected to be caught. The closure
action under 5 U.S.C. 553(d)(3).
During the closure, king mackerel applies to all common pool vessels
harvested from the closed subzone, Authority: 16 U.S.C. 1801 et seq.
fishing with gear capable of catching
including those harvested under the bag Dated: November 7, 2016. that stock for the remainder of the
and possession limits, may not be Jenni Wallace, trimester.
purchased or sold. This prohibition As of November 1, 2016, the common
Acting Director, Office of Sustainable
does not apply to king mackerel from Fisheries, National Marine Fisheries Service. pool fishery caught approximately 80
the closed zones or subzones that were percent of the Trimester 2 TAC (2.4 mt)
[FR Doc. 2016–27200 Filed 11–7–16; 4:15 pm]
harvested, landed ashore, and sold prior for witch flounder. We project that 90
to the closure and were held in cold BILLING CODE 3510–22–P
percent of the Trimester 2 TAC was
storage by a dealer or processor, as caught by November 6.
specified in 50 CFR 622.384(e)(3). Effective November 9, 2016, the Witch
Classification Flounder Trimester TAC Area is closed
for the remainder of Trimester 2,
The Regional Administrator, through December 31, 2016, to all
Southeast Region, NMFS, has common pool vessels fishing with trawl
asabaliauskas on DSK3SPTVN1PROD with RULES
determined this temporary rule is gear. The Witch Flounder Trimester
necessary for the conservation and TAC Area consists of statistical areas
management of Gulf migratory group 512, 513, 514, 515, 521, 522, and 525.
king mackerel and is consistent with the The area reopens at the beginning of
Magnuson-Stevens Act and other Trimester 3 on January 1, 2017.
applicable laws. If a vessel declared its trip through the
This action is taken under 50 CFR Vessel Monitoring System (VMS) or the
622.388(a)(1)(i) and 50 CFR 622.384(e) interactive voice response system, and
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Document Created: 2016-11-10 01:43:36
Document Modified: 2016-11-10 01:43:36
| 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, November 10, 2016, until 12:01 a.m., local time, on October 1, 2017. | |
| Contact | Susan Gerhart, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 81 FR 78941 | |
| RIN Number | 0648-XF01 |
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