82 FR 10553 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; 2017 Commercial Run-Around Gillnet Closure
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 29 (February 14, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 29 (February 14, 2017)
| Page Range | 10553-10554 | |
| FR Document | 2017-02969 |
[Federal Register Volume 82, Number 29 (Tuesday, February 14, 2017)] [Rules and Regulations] [Pages 10553-10554] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-02969] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 101206604-1758-02] RIN 0648-XF151 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; 2017 Commercial Run-Around Gillnet Closure AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- SUMMARY: NMFS implements an accountability measure (AM) through this temporary rule for commercial harvest of king mackerel in the Florida west coast southern subzone of the eastern zone of the Gulf of Mexico (Gulf) exclusive economic zone (EEZ) using run-around gillnet gear. NMFS has determined that the commercial annual catch limit (ACL, equivalent to the commercial quota) for king mackerel using run-around gillnet gear in the Florida west coast southern subzone of the Gulf EEZ will be reached by February 10, 2017. Therefore, NMFS closes the Florida west coast southern subzone to commercial king mackerel fishing using run-around gillnet gear in the Gulf EEZ. This closure is necessary to protect the Gulf king mackerel resource. DATES: The closure is effective from 12:01 p.m., eastern standard time, February 10, 2017, until 6 a.m., eastern standard time, January 16, 2018. FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, 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 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 Florida west coast subzone of the Gulf eastern zone for Gulf migratory group king mackerel (Gulf king mackerel) is divided into northern and southern subzones, each with separate commercial quotas. From November 1 through March 31, the southern subzone encompasses an area of the EEZ south of a line extending due west of the Lee and Collier County, Florida, boundary on the Florida west coast, and south of a line extending due east of 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 (50 CFR 622.369(a)(1)(ii)(A)(2)). The commercial quota for Gulf king mackerel in the Florida west coast southern subzone is 551,448 lb (250,133 kg) for vessels using run-around gillnet gear (50 CFR 622.384(b)(1)(i)(B)(1)), for the current fishing year, July 1, 2016, through June 30, 2017. Regulations at 50 CFR 622.8(b) and 622.388(a)(1) require NMFS to close any segment of the king mackerel commercial sector when its quota has been reached, or is projected to be reached, by filing a notification with the Office of the Federal Register. NMFS has determined that the Gulf king mackerel commercial quota of 551,448 lb (250,133 kg) for vessels using run-around gillnet gear in the Florida west coast southern subzone will be reached by February 10, 2017. Accordingly, commercial fishing using such gear in the Florida west coast southern subzone is closed at 12:01 p.m., eastern standard time, February 10, 2017, until 6 a.m., eastern standard time, January 16, 2018, the beginning of the next fishing season, i.e., the day after the 2018 Martin Luther King, Jr. Federal holiday. Accordingly, the vessel operator that has been issued a Federal commercial permit to harvest Gulf king mackerel using run-around gillnet gear in the Florida west coast southern subzone must have landed ashore and bartered, traded, or sold such king mackerel prior to 12:01 p.m., eastern standard time, February 10, 2017. Persons aboard a vessel for which a commercial permit for king mackerel has been issued, except persons who also possess a king mackerel gillnet permit, may fish for or retain Gulf king mackerel harvested using hook-and-line gear in the Florida west coast southern subzone unless the commercial quota for hook-and-line gear has been met and the hook-and-line segment of the commercial sector has been closed. A person aboard a vessel that has a valid charter vessel/headboat permit for coastal migratory pelagic fish may continue to retain king mackerel in or from closed zones or subzones under the bag and possession limits set forth in 50 CFR 622.382(a)(1)(ii) and (a)(2), provided the vessel is operating as a charter vessel or headboat. A charter vessel or headboat that also has a commercial king mackerel permit is considered to be operating as a charter vessel or headboat when it carries a passenger who pays a fee or when there are more than three persons aboard, including operator and crew. During the closure, king mackerel harvested using run-around gillnet gear in the Florida west coast southern subzone may not be purchased or sold. This prohibition does not apply to king mackerel harvested using run-around gillnet gear in the Florida west coast southern subzone that were harvested, landed ashore, and sold prior to the closure and were held in cold storage by a dealer or processor. [[Page 10554]] Classification The Regional Administrator for the NMFS Southeast Region has determined this temporary rule is necessary for the conservation and management of Gulf 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 prior notice and opportunity for public comment. This action responds to the best scientific information available. The NOAA Assistant Administrator for Fisheries (AA) finds that the need to immediately implement this action to close the fishery segment that uses run-around gillnet gear constitutes good cause to waive the requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth in 5 U.S.C. 553(b)(B), because prior notice and opportunity for public comment on this temporary rule is unnecessary and contrary to the public interest. Such procedures are unnecessary because the rule implementing the commercial quota and the associated AM has already been subject to notice and comment, and all that remains is to notify the public of the closure. Prior notice and opportunity for public comment is contrary to the public interest, because any delay in the closure of the commercial harvest could result in the commercial quota being exceeded. There is a need to immediately implement this action to protect the king mackerel resource, because the capacity of the fishing fleet allows for rapid harvest of the quota. Prior notice and opportunity for public comment on this action would require time and would potentially result in a harvest well in excess of the established quota. For the aforementioned reasons, the AA also finds good cause to waive the 30-day delay in effectiveness under 5 U.S.C. 553(d)(3). Authority: 16 U.S.C. 1801 et seq. Dated: February 9, 2017. Karen H. Abrams, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017-02969 Filed 2-9-17; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 82, No. 29 / Tuesday, February 14, 2017 / Rules and Regulations 10553
The additions and revisions read as eastern zone of the Gulf of Mexico (Gulf) Regulations at 50 CFR 622.8(b) and
follows: exclusive economic zone (EEZ) using 622.388(a)(1) require NMFS to close any
run-around gillnet gear. NMFS has segment of the king mackerel
§ 180.448 Hexythiazox; tolerances for determined that the commercial annual commercial sector when its quota has
residues.
catch limit (ACL, equivalent to the been reached, or is projected to be
(a) * * * commercial quota) for king mackerel reached, by filing a notification with the
using run-around gillnet gear in the Office of the Federal Register. NMFS has
Parts Florida west coast southern subzone of
Commodity per determined that the Gulf king mackerel
million the Gulf EEZ will be reached by commercial quota of 551,448 lb (250,133
February 10, 2017. Therefore, NMFS kg) for vessels using run-around gillnet
closes the Florida west coast southern gear in the Florida west coast southern
* * * * * subzone to commercial king mackerel subzone will be reached by February 10,
Beet, sugar, dried pulp ..................... 0.30 fishing using run-around gillnet gear in 2017. Accordingly, commercial fishing
Beet, sugar, root ............................... 0.15 the Gulf EEZ. This closure is necessary
using such gear in the Florida west coast
to protect the Gulf king mackerel southern subzone is closed at 12:01
* * * * *
resource. p.m., eastern standard time, February
(b) Section 18 emergency exemptions. DATES: The closure is effective from 10, 2017, until 6 a.m., eastern standard
[Reserved] 12:01 p.m., eastern standard time, time, January 16, 2018, the beginning of
(c) * * * February 10, 2017, until 6 a.m., eastern the next fishing season, i.e., the day after
standard time, January 16, 2018. the 2018 Martin Luther King, Jr. Federal
Parts FOR FURTHER INFORMATION CONTACT: holiday. Accordingly, the vessel
Commodity per Kelli O’Donnell, NMFS Southeast operator that has been issued a Federal
million Regional Office, telephone: 727–824– commercial permit to harvest Gulf king
Alfalfa, forage (EPA Regions 7–11 5305, email: kelli.odonnell@noaa.gov. mackerel using run-around gillnet gear
only) .............................................. 20 SUPPLEMENTARY INFORMATION: The in the Florida west coast southern
Alfalfa, hay (EPA Regions 7–11 fishery for coastal migratory pelagic fish subzone must have landed ashore and
only) .............................................. 60 includes king mackerel, Spanish bartered, traded, or sold such king
mackerel, and cobia, and is managed mackerel prior to 12:01 p.m., eastern
* * * * * under the Fishery Management Plan for standard time, February 10, 2017.
Bermuda grass, forage (EPA Re- the Coastal Migratory Pelagic Resources
gions 9–10 only) ........................... 40 Persons aboard a vessel for which a
Bermuda grass, hay (EPA Regions
of the Gulf of Mexico and Atlantic commercial permit for king mackerel
9–10 only) ..................................... 70 Region (FMP). The FMP was prepared has been issued, except persons who
by the Gulf of Mexico and South also possess a king mackerel gillnet
* * * * * Atlantic Fishery Management Councils permit, may fish for or retain Gulf king
and is implemented by NMFS under the mackerel harvested using hook-and-line
* * * * * authority of the Magnuson-Stevens gear in the Florida west coast southern
[FR Doc. 2017–02481 Filed 2–13–17; 8:45 am] Fishery Conservation and Management subzone unless the commercial quota
BILLING CODE 6560–50–P
Act (Magnuson-Stevens Act) by for hook-and-line gear has been met and
regulations at 50 CFR part 622. the hook-and-line segment of the
The Florida west coast subzone of the commercial sector has been closed. A
Gulf eastern zone for Gulf migratory person aboard a vessel that has a valid
DEPARTMENT OF COMMERCE group king mackerel (Gulf king charter vessel/headboat permit for
mackerel) is divided into northern and coastal migratory pelagic fish may
National Oceanic and Atmospheric
southern subzones, each with separate continue to retain king mackerel in or
Administration
commercial quotas. From November 1
from closed zones or subzones under
through March 31, the southern subzone
50 CFR Part 622 the bag and possession limits set forth
encompasses an area of the EEZ south
in 50 CFR 622.382(a)(1)(ii) and (a)(2),
[Docket No. 101206604–1758–02] of a line extending due west of the Lee
provided the vessel is operating as a
and Collier County, Florida, boundary
RIN 0648–XF151 charter vessel or headboat. A charter
on the Florida west coast, and south of
vessel or headboat that also has a
Fisheries of the Caribbean, Gulf of a line extending due east of the Monroe
commercial king mackerel permit is
Mexico, and South Atlantic; Coastal and Miami-Dade County, Florida,
considered to be operating as a charter
Migratory Pelagic Resources of the boundary on the Florida east coast,
vessel or headboat when it carries a
Gulf of Mexico and Atlantic Region; which includes the EEZ off Collier and
passenger who pays a fee or when there
2017 Commercial Run-Around Gillnet Monroe Counties, Florida. From April 1
through October 31, the southern are more than three persons aboard,
Closure including operator and crew.
subzone is reduced to the EEZ off
AGENCY: National Marine Fisheries Collier County, and the EEZ off Monroe During the closure, king mackerel
Service (NMFS), National Oceanic and County becomes part of the Atlantic harvested using run-around gillnet gear
Atmospheric Administration (NOAA), migratory group area (50 CFR in the Florida west coast southern
Commerce. 622.369(a)(1)(ii)(A)(2)). subzone may not be purchased or sold.
sradovich on DSK3GMQ082PROD with RULES
ACTION: Temporary rule; closure. The commercial quota for Gulf king This prohibition does not apply to king
mackerel in the Florida west coast mackerel harvested using run-around
SUMMARY: NMFS implements an southern subzone is 551,448 lb (250,133 gillnet gear in the Florida west coast
accountability measure (AM) through kg) for vessels using run-around gillnet southern subzone that were harvested,
this temporary rule for commercial gear (50 CFR 622.384(b)(1)(i)(B)(1)), for landed ashore, and sold prior to the
harvest of king mackerel in the Florida the current fishing year, July 1, 2016, closure and were held in cold storage by
west coast southern subzone of the through June 30, 2017. a dealer or processor.
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![10554 Federal Register / Vol. 82, No. 29 / Tuesday, February 14, 2017 / Rules and Regulations
Classification Dated: February 9, 2017. determined that the A season allowance
Karen H. Abrams, of the 2017 TAC of pollock in Statistical
The Regional Administrator for the Acting Deputy Director, Office of Sustainable Area 610 of the GOA will soon be
NMFS Southeast Region has determined Fisheries, National Marine Fisheries Service. reached. Therefore, the Regional
this temporary rule is necessary for the [FR Doc. 2017–02969 Filed 2–9–17; 4:15 pm] Administrator is establishing a directed
conservation and management of Gulf BILLING CODE 3510–22–P fishing allowance of 2,132 mt and is
king mackerel and is consistent with the setting aside the remaining 100 mt as
Magnuson-Stevens Act and other bycatch to support other anticipated
applicable laws. DEPARTMENT OF COMMERCE groundfish fisheries. In accordance with
This action is taken under 50 CFR § 679.20(d)(1)(iii), the Regional
National Oceanic and Atmospheric Administrator finds that this directed
622.8(b) and 622.388(a)(1) and is Administration
exempt from review under Executive fishing allowance has been reached.
Order 12866. Consequently, NMFS is prohibiting
50 CFR Part 679 directed fishing for pollock in Statistical
These measures are exempt from the [Docket No. 150818742–6210–02] Area 610 of the GOA.
procedures of the Regulatory Flexibility
RIN 0648–XF224 After the effective date of this closure
Act because the temporary rule is issued
the maximum retainable amounts at
without prior notice and opportunity for
Fisheries of the Exclusive Economic § 679.20(e) and (f) apply at any time
public comment. during a trip.
Zone Off Alaska; Pollock in Statistical
This action responds to the best Area 610 in the Gulf of Alaska
scientific information available. The Classification
NOAA Assistant Administrator for AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and This action responds to the best
Fisheries (AA) finds that the need to available information recently obtained
Atmospheric Administration (NOAA),
immediately implement this action to from the fishery. The Acting Assistant
Commerce.
close the fishery segment that uses run- Administrator for Fisheries, NOAA
ACTION: Temporary rule; closure.
around gillnet gear constitutes good (AA), finds good cause to waive the
cause to waive the requirements to SUMMARY: NMFS is prohibiting directed requirement to provide prior notice and
provide prior notice and opportunity for fishing for pollock in Statistical Area opportunity for public comment
public comment pursuant to the 610 in the Gulf of Alaska (GOA). This pursuant to the authority set forth at 5
authority set forth in 5 U.S.C. 553(b)(B), action is necessary to prevent exceeding U.S.C. 553(b)(B) as such requirement is
because prior notice and opportunity for the A season allowance of the 2017 total impracticable and contrary to the public
public comment on this temporary rule allowable catch of pollock for Statistical interest. This requirement is
is unnecessary and contrary to the Area 610 in the GOA. impracticable and contrary to the public
public interest. Such procedures are DATES: Effective 1200 hrs, Alaska local interest as it would prevent NMFS from
unnecessary because the rule time (A.l.t.), February 10, 2017, through responding to the most recent fisheries
implementing the commercial quota and 1200 hrs, A.l.t., March 10, 2017. data in a timely fashion and would
the associated AM has already been FOR FURTHER INFORMATION CONTACT: Josh delay the closure of directed fishing for
subject to notice and comment, and all Keaton, 907–586–7228. pollock in Statistical Area 610 of the
that remains is to notify the public of SUPPLEMENTARY INFORMATION: NMFS GOA. NMFS was unable to publish a
the closure. Prior notice and manages the groundfish fishery in the notice providing time for public
opportunity for public comment is GOA exclusive economic zone comment because the most recent,
according to the Fishery Management relevant data only became available as
contrary to the public interest, because
Plan for Groundfish of the Gulf of of February 9, 2017.
any delay in the closure of the
commercial harvest could result in the Alaska (FMP) prepared by the North The AA also finds good cause to
commercial quota being exceeded. Pacific Fishery Management Council waive the 30-day delay in the effective
under authority of the Magnuson- date of this action under 5 U.S.C.
There is a need to immediately
Stevens Fishery Conservation and 553(d)(3). This finding is based upon
implement this action to protect the
Management Act. Regulations governing the reasons provided above for waiver of
king mackerel resource, because the fishing by U.S. vessels in accordance
capacity of the fishing fleet allows for prior notice and opportunity for public
with the FMP appear at subpart H of 50 comment.
rapid harvest of the quota. Prior notice CFR part 600 and 50 CFR part 679.
and opportunity for public comment on The A season allowance of the 2017 This action is required by § 679.20
this action would require time and total allowable catch (TAC) of pollock in and is exempt from review under
would potentially result in a harvest Statistical Area 610 of the GOA is 2,232 Executive Order 12866.
well in excess of the established quota. metric tons (mt) as established by the Authority: 16 U.S.C. 1801 et seq.
For the aforementioned reasons, the final 2016 and 2017 harvest Dated: February 10, 2017.
AA also finds good cause to waive the specifications for groundfish in the GOA
Karen H. Abrams,
30-day delay in effectiveness under 5 (81 FR 14740, March 18, 2016) and
inseason adjustment (81 FR 95063, Acting Deputy Director, Office of Sustainable
U.S.C. 553(d)(3). Fisheries, National Marine Fisheries Service.
December 27, 2016).
Authority: 16 U.S.C. 1801 et seq. In accordance with § 679.20(d)(1)(i), [FR Doc. 2017–03039 Filed 2–10–17; 4:15 pm]
sradovich on DSK3GMQ082PROD with RULES
the Regional Administrator has BILLING CODE 3510–22–P
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Document Created: 2017-02-13 23:40:16
Document Modified: 2017-02-13 23:40:16
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; closure. | |
| Dates | The closure is effective from 12:01 p.m., eastern standard time, February 10, 2017, until 6 a.m., eastern standard time, January 16, 2018. | |
| Contact | Kelli O'Donnell, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 82 FR 10553 | |
| RIN Number | 0648-XF15 |
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