82 FR 21314 - Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; Reopening of the Commercial Sector in the Western, Northern, and Southern (Gillnet) Zones for King Mackerel in the Gulf of Mexico

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 87 (May 8, 2017)

Page Range		21314-21315
FR Document		2017-09225

NMFS reopens the commercial sector for king mackerel in the western and northern zones, and the run-around gillnet component in the southern zone of the Gulf of Mexico (Gulf) exclusive economic zone (EEZ) through this temporary rule. NMFS recently published a final rule that modified the zones and annual catch limits (ACLs) for king mackerel in the Gulf EEZ, which increased the commercial quotas for king mackerel. This final rule will be effective on May 11, 2017. Therefore, NMFS is reopening the western, northern, and southern (gillnet) zones of the Gulf EEZ because there is available king mackerel commercial quota to harvest in these zones at 12:01 a.m., local time, on May 11, 2017, through the end of the respective 2016- 2017 fishing year or until the applicable commercial quotas are reached, whichever happens first. NMFS intends through this temporary rule to maximize harvest benefits for the king mackerel commercial sector in the Gulf by allowing the commercial quotas to be caught.

Federal Register, Volume 82 Issue 87 (Monday, May 8, 2017)

[Federal Register Volume 82, Number 87 (Monday, May 8, 2017)]
[Rules and Regulations]
[Pages 21314-21315]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09225]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 160426363-7275-02]
RIN 0648-XF351


Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
Atlantic Region; Reopening of the Commercial Sector in the Western, 
Northern, and Southern (Gillnet) Zones for King Mackerel in the Gulf of 
Mexico

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; reopening.

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SUMMARY: NMFS reopens the commercial sector for king mackerel in the 
western and northern zones, and the run-around gillnet component in the 
southern zone of the Gulf of Mexico (Gulf) exclusive economic zone 
(EEZ) through this temporary rule. NMFS recently published a final rule 
that modified the zones and annual catch limits (ACLs) for king 
mackerel in the Gulf EEZ, which increased the commercial quotas for 
king mackerel. This final rule will be effective on May 11, 2017. 
Therefore, NMFS is reopening the western, northern, and southern 
(gillnet) zones of the Gulf EEZ because there is available king 
mackerel commercial quota to harvest in these zones at 12:01 a.m., 
local time, on May 11, 2017, through the end of the respective 2016-
2017 fishing year or until the applicable commercial quotas are 
reached, whichever happens first. NMFS intends through this temporary 
rule to maximize harvest benefits for the king mackerel commercial 
sector in the Gulf by allowing the commercial quotas to be caught.

DATES: This rule is effective for the western, northern, and southern 
(gillnet) zones in the Gulf EEZ at 12:01 a.m., local time, on May 11, 
2017. Unless changed by subsequent notification in the Federal 
Register, the effectiveness of this temporary rule continues until 
12:01 a.m., local time, on July 1, 2017, for the western and southern 
(gillnet) zones, and for the northern zone, the effectiveness continues 
until 12:01 a.m., local time, on October 1, 2017.

FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, NMFS Southeast 
Regional Office, phone: 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.
    Under 50 CFR 622.388(a)(1), NMFS is required to close the king 
mackerel commercial sector for the applicable zone or gear type for the 
remainder of the fishing year if landings reach, or are projected to 
reach, the applicable commercial quotas by filing a notification to 
that effect with the Office of the Federal Register. With the exception 
of the Florida east coast subzone, NMFS previously projected that the 
commercial quotas for Gulf migratory group king mackerel (Gulf king 
mackerel) would be reached for each of the other zones and published 
temporary rules to close the zones to commercial harvest in the Gulf 
EEZ prior to the end of the 2016-2017 fishing years.
    On October 14, 2016, NMFS closed the commercial sector for king 
mackerel in the western zone (81 FR 71410, October 17, 2016).
    On November 10, 2016, NMFS closed the commercial sector for king 
mackerel in the Florida west coast northern subzone of the eastern zone 
(81 FR 78941, November 10, 2016).
    On February 10, 2017, NMFS closed the commercial sector for king 
mackerel in the Florida west coast southern subzone of the eastern zone 
for run-

[[Page 21315]]

around gillnet gear (82 FR 10553, February 14, 2017).
    On February 25, 2017, NMFS closed the commercial sector for king 
mackerel in the Florida west coast southern subzone of the eastern zone 
for hook-and-line gear (82 FR 11825, February 27, 2017).
    On April 11, 2017, NMFS published a final rule to implement 
Amendment 26 to the FMP in the Federal Register (82 FR 17387). This 
final rule adjusted the management boundaries, zones, and ACLs for Gulf 
king mackerel that resulted in increased commercial quotas for each 
zone of the Gulf EEZ. The final rule established a new year-round 
boundary between the Gulf and Atlantic migratory groups of king 
mackerel at a line extending east from the boundary between Miami-Dade 
and Monroe Counties off the east coast of Florida to better represent 
the area where the two migratory groups primarily exist.
    The final rule for Amendment 26 also simplified the names of the 
Gulf migratory group's Florida west coast northern and southern 
subzones of the eastern zone by changing them to the northern zone and 
southern zone, respectively. The dimensions of the northern zone did 
not change, but the southern zone now extends east to the new boundary 
between the Gulf and Atlantic migratory groups. The Florida east coast 
subzone no longer exists and the area is now part of the Atlantic 
migratory group. The name and dimensions of the Gulf migratory group's 
western zone remain the same.
    The Gulf king mackerel western zone begins at the border of the 
United States and Mexico (near Brownsville, Texas) and continues in the 
Gulf EEZ to the boundary of the northern and western zones at 
87[deg]31.1' W. long., which is a line directly south from the state 
border of Alabama and Florida.
    The Gulf king mackerel northern zone is bounded by the western zone 
at 87[deg]31.1' W. long., and the southern zone at 26[deg]19'48'' N. 
lat. off the west coast of Florida, which is a line directly east of 
the boundary of Lee and Collier Counties.
    The Gulf king mackerel southern zone is bounded by the northern 
zone at 26[deg]19'48'' N. lat. off the west coast of Florida, and 
25[deg]20'24'' N. lat. off the east coast of Florida, which is a line 
directly west of the boundary of Monroe and Miami-Dade Counties.
    As specified in 50 CFR 622.7(b)(1)(i) through (iii), the fishing 
year for Gulf king mackerel in the western and southern zones is July 1 
through June 30, and in the northern zone is October 1 through 
September 30.
    The commercial quotas for king mackerel vary by zone and by gear 
type used to harvest the fish, as specified in 50 CFR 622.384(b)(1). 
The final rule for Amendment 26 increased the commercial quotas for 
king mackerel for each zone and gear type. All weights for the new 
commercial quotas below apply in either round or gutted weight. The 
commercial quota for the western zone during the 2016-2017 fishing year 
is 1,180,000 lb (535,239 kg). The commercial quota for the northern 
zone during the 2016-2017 fishing year is 531,000 lb (240,858 kg). 
During the 2016-2017 fishing year, the southern zone commercial quota 
for hook-and-line gear is 619,500 lb (281,000 kg), and the southern 
zone commercial quota for run-around gillnet gear is 619,500 lb 
(281,000 kg).
    As a result of these new quotas, additional commercial harvest of 
king mackerel will be allowed in the western, northern, and southern 
(gillnet) zones of the Gulf and these zones will reopen through this 
temporary rule. However, NMFS expects the western zone to be open for a 
limited time because over 94 percent of the new western zone commercial 
quota has been harvested. NMFS is not reopening the southern zone for 
hook-and-line gear in the 2016-2017 fishing year because landings have 
reached the new southern zone hook-and-line commercial quota. As a 
result of the final rule implementing Amendment 26, the southern zone 
includes the EEZ off the Florida Keys year-round, and this area is now 
subject to the Gulf southern zone hook-and-line closure that occurred 
on February 25, 2017 (82 FR 11825, February 27, 2017).
    For the reasons stated above, and in accordance with 50 CFR 
622.8(c), NMFS reopens the commercial sector for king mackerel in the 
western, northern, and southern (gillnet) zones of the Gulf EEZ at 
12:01 a.m., local time, on May 11, 2017, and these zones will remain 
open through the remainder of the 2016-2017 fishing years or until the 
applicable commercial quotas are reached, whichever happens first. 
Reopening these zones allows for additional opportunities to 
commercially harvest king mackerel.

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(c) 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 at 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 regulations at 50 CFR 622.8(c) 
have already been subject to notice and comment, and all that remains 
is to notify the public that additional harvest is available under the 
established commercial quotas and, therefore, the commercial sector for 
king mackerel in the western, northern, and southern (gillnet) zones of 
the Gulf EEZ will reopen.
    Prior notice and an opportunity to comment is contrary to the 
public interest because NMFS previously determined the commercial 
quotas for king mackerel in the zones of the Gulf EEZ would be reached, 
and therefore, closed the commercial sector for king mackerel in these 
zones of the Gulf EEZ as stated above. However, following the 
implementation of Amendment 26, additional commercial quota of king 
mackerel is available for harvest during the 2016-2017 fishing year in 
each of the zones specified above. Reopening quickly is expected to 
help achieve optimum yield by making additional king mackerel available 
to consumers and resulting in revenue increases to commercial vessels.
    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: May 3, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2017-09225 Filed 5-3-17; 4:15 pm]
 BILLING CODE 3510-22-P

Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Rules and Regulations 21315

around gillnet gear (82 FR 10553, The commercial quotas for king This action is taken under 50 CFR
February 14, 2017). mackerel vary by zone and by gear type 622.8(c) and is exempt from review
On February 25, 2017, NMFS closed used to harvest the fish, as specified in under Executive Order 12866.
the commercial sector for king mackerel 50 CFR 622.384(b)(1). The final rule for These measures are exempt from the
in the Florida west coast southern Amendment 26 increased the
procedures of the Regulatory Flexibility
subzone of the eastern zone for hook- commercial quotas for king mackerel for
and-line gear (82 FR 11825, February 27, Act because the temporary rule is issued
each zone and gear type. All weights for
2017). without opportunity for prior notice and
the new commercial quotas below apply
On April 11, 2017, NMFS published comment.
in either round or gutted weight. The
a final rule to implement Amendment commercial quota for the western zone This action responds to the best
26 to the FMP in the Federal Register during the 2016–2017 fishing year is scientific information available. The
(82 FR 17387). This final rule adjusted 1,180,000 lb (535,239 kg). The Assistant Administrator for NOAA
the management boundaries, zones, and commercial quota for the northern zone Fisheries (AA) finds that the need to
ACLs for Gulf king mackerel that during the 2016–2017 fishing year is immediately implement this action
resulted in increased commercial quotas 531,000 lb (240,858 kg). During the constitutes good cause to waive the
for each zone of the Gulf EEZ. The final 2016–2017 fishing year, the southern requirements to provide prior notice
rule established a new year-round zone commercial quota for hook-and- and opportunity for public comment
boundary between the Gulf and Atlantic line gear is 619,500 lb (281,000 kg), and pursuant to the authority set forth at 5
migratory groups of king mackerel at a the southern zone commercial quota for U.S.C. 553(b)(B), because prior notice
line extending east from the boundary run-around gillnet gear is 619,500 lb
between Miami-Dade and Monroe and opportunity for public comment on
(281,000 kg). this temporary rule is unnecessary and
Counties off the east coast of Florida to
better represent the area where the two As a result of these new quotas, contrary to the public interest. Such
migratory groups primarily exist. additional commercial harvest of king procedures are unnecessary because the
The final rule for Amendment 26 also mackerel will be allowed in the western, regulations at 50 CFR 622.8(c) have
simplified the names of the Gulf northern, and southern (gillnet) zones of already been subject to notice and
migratory group’s Florida west coast the Gulf and these zones will reopen comment, and all that remains is to
northern and southern subzones of the through this temporary rule. However, notify the public that additional harvest
eastern zone by changing them to the NMFS expects the western zone to be is available under the established
northern zone and southern zone, open for a limited time because over 94 commercial quotas and, therefore, the
respectively. The dimensions of the percent of the new western zone commercial sector for king mackerel in
northern zone did not change, but the commercial quota has been harvested. the western, northern, and southern
southern zone now extends east to the NMFS is not reopening the southern (gillnet) zones of the Gulf EEZ will
new boundary between the Gulf and zone for hook-and-line gear in the 2016– reopen.
Atlantic migratory groups. The Florida 2017 fishing year because landings have
east coast subzone no longer exists and reached the new southern zone hook- Prior notice and an opportunity to
the area is now part of the Atlantic and-line commercial quota. As a result comment is contrary to the public
migratory group. The name and of the final rule implementing interest because NMFS previously
dimensions of the Gulf migratory Amendment 26, the southern zone determined the commercial quotas for
group’s western zone remain the same. includes the EEZ off the Florida Keys king mackerel in the zones of the Gulf
The Gulf king mackerel western zone year-round, and this area is now subject EEZ would be reached, and therefore,
begins at the border of the United States to the Gulf southern zone hook-and-line closed the commercial sector for king
and Mexico (near Brownsville, Texas) closure that occurred on February 25, mackerel in these zones of the Gulf EEZ
and continues in the Gulf EEZ to the 2017 (82 FR 11825, February 27, 2017). as stated above. However, following the
boundary of the northern and western implementation of Amendment 26,
zones at 87°31.1′ W. long., which is a For the reasons stated above, and in
additional commercial quota of king
line directly south from the state border accordance with 50 CFR 622.8(c), NMFS
reopens the commercial sector for king mackerel is available for harvest during
of Alabama and Florida. the 2016–2017 fishing year in each of
The Gulf king mackerel northern zone mackerel in the western, northern, and
southern (gillnet) zones of the Gulf EEZ the zones specified above. Reopening
is bounded by the western zone at quickly is expected to help achieve
87°31.1′ W. long., and the southern zone at 12:01 a.m., local time, on May 11,
2017, and these zones will remain open optimum yield by making additional
at 26°19′48″ N. lat. off the west coast of king mackerel available to consumers
Florida, which is a line directly east of through the remainder of the 2016–2017
fishing years or until the applicable and resulting in revenue increases to
the boundary of Lee and Collier
commercial quotas are reached, commercial vessels.
Counties.
The Gulf king mackerel southern zone whichever happens first. Reopening For the aforementioned reasons, the
is bounded by the northern zone at these zones allows for additional AA also finds good cause to waive the
26°19′48″ N. lat. off the west coast of opportunities to commercially harvest 30-day delay in the effectiveness of this
Florida, and 25°20′24″ N. lat. off the east king mackerel. action under 5 U.S.C. 553(d)(3).
coast of Florida, which is a line directly Classification Authority: 16 U.S.C. 1801 et seq.
asabaliauskas on DSK3SPTVN1PROD with RULES

west of the boundary of Monroe and
Miami-Dade Counties. The Regional Administrator for the Dated: May 3, 2017.
As specified in 50 CFR 622.7(b)(1)(i) NMFS Southeast Region has determined Karen H. Abrams,
through (iii), the fishing year for Gulf this temporary rule is necessary for the Acting Deputy Director, Office of Sustainable
king mackerel in the western and conservation and management of Gulf Fisheries, National Marine Fisheries Service.
southern zones is July 1 through June king mackerel and is consistent with the [FR Doc. 2017–09225 Filed 5–3–17; 4:15 pm]
30, and in the northern zone is October Magnuson-Stevens Act and other BILLING CODE 3510–22–P
1 through September 30. applicable laws.

VerDate Sep<11>2014 17:30 May 05, 2017 Jkt 241001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\08MYR1.SGM 08MYR1

Document Created: 2017-05-06 02:21:55
Document Modified: 2017-05-06 02:21:55

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; reopening.
Dates		This rule is effective for the western, northern, and southern (gillnet) zones in the Gulf EEZ at 12:01 a.m., local time, on May 11, 2017. Unless changed by subsequent notification in the Federal Register, the effectiveness of this temporary rule continues until 12:01 a.m., local time, on July 1, 2017, for the western and southern (gillnet) zones, and for the northern zone, the effectiveness continues until 12:01 a.m., local time, on October 1, 2017.
Contact		Kelli O'Donnell, NMFS Southeast Regional Office, phone: 727-824-5305, email: [email protected]
FR Citation		82 FR 21314
RIN Number		0648-XF35

82 FR 21314 - Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; Reopening of the Commercial Sector in the Western, Northern, and Southern (Gillnet) Zones for King Mackerel in the Gulf of Mexico

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 87 (May 8, 2017)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration