82 FR 11825 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2017 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 82, Issue 37 (February 27, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 37 (February 27, 2017)
| Page Range | 11825-11825 | |
| FR Document | 2017-03783 |
[Federal Register Volume 82, Number 37 (Monday, February 27, 2017)] [Rules and Regulations] [Page 11825] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-03783] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 001005281-0369-02] RIN 0648-XF218 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2017 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, February 25, 2017, through June 30, 2017. 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 (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 which have separate commercial quotas. The commercial 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 boundary of Lee and Collier Counties, Florida, 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 Florida west coast southern subzone will be reached by February 25, 2017. 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, February 25, 2017, through the end of the fishing year on June 30, 2017. On February 10, 2017, NMFS closed the Florida west coast southern subzone to commercial harvest of king mackerel caught by run around gillnet gear, because the commercial quota for that sector had been reached (82 FR 10553, February 14, 2017). Therefore, during these 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: February 22, 2017. Karen H. Abrams, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017-03783 Filed 2-22-17; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 82, No. 37 / Monday, February 27, 2017 / Rules and Regulations 11825
Federal Communications Commission. quota for the hook-and-line component vessel or headboat when they carry a
Marlene H. Dortch, of the commercial sector in the Florida passenger who pays a fee or when more
Secretary, Office of the Secretary. west coast southern subzone is 551,448 than three persons are aboard, including
[FR Doc. 2017–03752 Filed 2–24–17; 8:45 am] lb (250,133 kg) (50 CFR operator and crew.
BILLING CODE 6712–01–P
622.384(b)(1)(i)(B)(1)).
From November 1 through March 31, Classification
the southern subzone encompasses an
area of the exclusive economic zone The Regional Administrator, NMFS
DEPARTMENT OF COMMERCE (EEZ) south of a line extending due west Southeast Region, has determined this
from the boundary of Lee and Collier temporary rule is necessary for the
National Oceanic and Atmospheric conservation and management of Gulf
Administration Counties, Florida, on the Florida west
coast, and south of a line extending due migratory group king mackerel and is
east from the Monroe and Miami-Dade consistent with the Magnuson-Stevens
50 CFR Part 622 Act and other applicable laws.
County, Florida, boundary on the
[Docket No. 001005281–0369–02] Florida east coast, which includes the This action is taken under 50 CFR
EEZ off Collier and Monroe Counties, 622.8(b) and 622.388(a)(1) and is
RIN 0648–XF218
Florida. From April 1 through October exempt from review under Executive
Fisheries of the Caribbean, Gulf of 31, the southern subzone is reduced to Order 12866.
Mexico, and South Atlantic; 2017 the EEZ off Collier County, and the EEZ
off Monroe County becomes part of the These measures are exempt from the
Commercial Accountability Measure procedures of the Regulatory Flexibility
and Closure for Coastal Migratory Atlantic migratory group area.
Under 50 CFR 622.8(b) and Act because the temporary rule is issued
Pelagic Resources of the Gulf of
622.388(a)(1), NMFS is required to close without opportunity for prior notice and
Mexico and South Atlantic
any component of the king mackerel comment.
AGENCY: National Marine Fisheries commercial sector when its quota has This action responds to the best
Service (NMFS), National Oceanic and been reached, or is projected to be scientific information available. The
Atmospheric Administration (NOAA), reached, by filing a notification at the Assistant Administrator for NOAA
Commerce. Office of the Federal Register. NMFS has Fisheries (AA), finds that the need to
ACTION: Temporary rule; closure. determined the commercial quota for
immediately implement this action
the hook-and-line component of the
constitutes good cause to waive the
SUMMARY: NMFS implements an commercial sector for Gulf migratory
group king mackerel in the Florida west requirements to provide prior notice
accountability measure (AM) to close
the hook-and-line component of the coast southern subzone will be reached and opportunity for public comment
commercial sector for king mackerel in by February 25, 2017. Accordingly, the pursuant to the authority set forth in 5
the Florida west coast southern hook-and-line component of the U.S.C. 553(b)(B), as such prior notice
subzone. This closure is necessary to commercial sector for Gulf migratory and opportunity for public comment on
protect the Gulf of Mexico (Gulf) king group king mackerel in the Florida west this temporary rule are unnecessary and
mackerel resource. coast southern subzone is closed contrary to the public interest. Such
DATES: This rule is effective 12:01 a.m., effective 12:01 a.m., local time, February procedures are unnecessary because the
local time, February 25, 2017, through 25, 2017, through the end of the fishing regulations at 50 CFR 622.8(b) and
June 30, 2017. year on June 30, 2017. 622.388(a)(1) have already been subject
On February 10, 2017, NMFS closed to notice and comment, and all that
FOR FURTHER INFORMATION CONTACT: the Florida west coast southern subzone
Kelli O’Donnell, NMFS Southeast remains is to notify the public of the
to commercial harvest of king mackerel closure. Such procedures are contrary to
Regional Office, telephone: 727–824– caught by run around gillnet gear,
5305, email: kelli.odonnell@noaa.gov. the public interest, because there is a
because the commercial quota for that need to immediately implement this
SUPPLEMENTARY INFORMATION: The sector had been reached (82 FR 10553, action to protect the king mackerel
fishery for coastal migratory pelagic fish February 14, 2017). Therefore, during
includes king mackerel, Spanish resource since the capacity of the
these closures, no person aboard a
mackerel, and cobia, and is managed fishing fleet allows for rapid harvest of
vessel for which a valid commercial
under the Fishery Management Plan for permit for king mackerel has been the commercial quota. Prior notice and
the Coastal Migratory Pelagic Resources issued may harvest or possess Gulf opportunity for public comment on this
of the Gulf of Mexico and Atlantic migratory group king mackerel in or action would require time and would
Region (FMP). The FMP was prepared from Federal waters of the closed potentially result in a harvest well in
by the Gulf of Mexico and South subzone, as specified in 50 CFR excess of the established commercial
Atlantic Fishery Management Councils 622.384(e). However, there is one quota.
(Councils) and is implemented by exception. A person aboard a vessel that For the aforementioned reasons, the
NMFS under the authority of the has a valid Federal charter vessel/ AA also finds good cause to waive the
Magnuson-Stevens Fishery headboat permit and also has a 30-day delay in effectiveness of the
Conservation and Management Act commercial king mackerel permit for action under 5 U.S.C. 553(d)(3).
(Magnuson-Stevens Act) by regulations coastal migratory pelagic fish may
at 50 CFR part 622. continue to retain king mackerel in or Authority: 16 U.S.C. 1801 et seq.
sradovich on DSK3GMQ082PROD with RULES
The Gulf migratory group king from the closed subzone under the 2- Dated: February 22, 2017.
mackerel is divided into western and fish daily recreational bag limit, Karen H. Abrams,
eastern zones. The Gulf’s eastern zone provided the vessel is operating as a Acting Deputy Director, Office of Sustainable
for king mackerel is further divided into charter vessel or headboat. Charter Fisheries, National Marine Fisheries Service.
the Florida west coast northern and vessels or headboats that have a valid
[FR Doc. 2017–03783 Filed 2–22–17; 4:15 pm]
southern subzones which have separate commercial king mackerel permit are
BILLING CODE 3510–22–P
commercial quotas. The commercial considered to be operating as a charter
VerDate Sep<11>2014 16:46 Feb 24, 2017 Jkt 241001 PO 00000 Frm 00037 Fmt 4700 Sfmt 9990 E:\FR\FM\27FER1.SGM 27FER1](https://thefederalregister.org/doc/82_FR_11862/page/1.svg)
Document Created: 2017-02-25 01:05:27
Document Modified: 2017-02-25 01:05:27
| 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, February 25, 2017, through June 30, 2017. | |
| Contact | Kelli O'Donnell, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 82 FR 11825 | |
| RIN Number | 0648-XF21 |
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