82 FR 23151 - Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; 2016-2017 Commercial Accountability Measure and Closure for King Mackerel in Western Zone of the Gulf of Mexico
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 97 (May 22, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 97 (May 22, 2017)
| Page Range | 23151-23152 | |
| FR Document | 2017-10251 |
[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)] [Rules and Regulations] [Pages 23151-23152] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-10251] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 101206604-1758-02] RIN 0648-XF414 Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; 2016-2017 Commercial Accountability Measure 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 an accountability measure (AM) 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 May 21, 2017. Therefore, NMFS closes the western zone of the Gulf EEZ to commercial king mackerel fishing on May 21, 2017. This closure is necessary to protect the Gulf king mackerel resource. DATES: The closure is effective at 12:01 p.m., local time, May 21, 2017, until 12:01 a.m., local time, on July 1, 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 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. All weights for Gulf king mackerel below apply as either round or gutted weight. On October 14, 2016, NMFS closed the commercial sector for king mackerel in the western zone, because the commercial harvest of king mackerel in the July 1, 2016, through June 30, 2017, fishing year reached the commercial quota that was in place at that time (81 FR 71410, October 17, 2016). The western zone of Gulf migratory group king mackerel is located in 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. On April 11, 2017, NMFS published a final rule to implement Amendment 26 to the FMP in the Federal Register (82 FR 17387). That final rule adjusted the management boundaries, zones, and annual catch limits for Gulf migratory group king mackerel (Gulf king mackerel) that resulted in increased commercial quotas for each zone of the Gulf EEZ. Consequently, NMFS reopened the western zone to commercial harvest of king mackerel on May 11, 2017, to allow harvest up to the new commercial quota for that zone of 1,180,000 lb (535,239 kg) (82 FR 21314, May 8, 2017). Regulations at 50 CFR 622.388(a)(1)(i) require NMFS to close the commercial sector for Gulf 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 1,180,000 lb (535,239 kg) for Gulf king mackerel in the western zone will be reached by May 21, 2017. Accordingly, the western zone is closed to commercial fishing for Gulf king mackerel effective at 12:01 p.m., local time, May 21, 2017, through June 30, 2017, the end of the current fishing year. 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 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 for the 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 622.384(e) and 622.388(a)(1)(i), 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 good cause to waive the requirements to provide prior [[Page 23152]] 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 AM 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: May 16, 2017. Margo B. Schulze-Haugen, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017-10251 Filed 5-16-17; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Rules and Regulations 23151
published March 21, 2017. Consistent for king mackerel in the western zone of reached, by filing a notification to that
with the memorandum of the Assistant the Gulf EEZ will be reached by May 21, effect with the Office of the Federal
to the President and Chief of Staff, and 2017. Therefore, NMFS closes the Register. NMFS has determined the
as stated in the February 6, 2017, final western zone of the Gulf EEZ to commercial quota of 1,180,000 lb
rule delaying the effective date, the commercial king mackerel fishing on (535,239 kg) for Gulf king mackerel in
Agency further delays the effective date May 21, 2017. This closure is necessary the western zone will be reached by
of this regulation until June 5, 2017. to protect the Gulf king mackerel May 21, 2017. Accordingly, the western
The Agency’s implementation of this resource. zone is closed to commercial fishing for
action without opportunity for public DATES: The closure is effective at 12:01 Gulf king mackerel effective at 12:01
comment is based on the good cause p.m., local time, May 21, 2017, until p.m., local time, May 21, 2017, through
exceptions in 5 U.S.C. 553(b)(B) and 12:01 a.m., local time, on July 1, 2017. June 30, 2017, the end of the current
553(d)(3), in that seeking public fishing year.
FOR FURTHER INFORMATION CONTACT:
comment is impracticable, unnecessary Except for a person aboard a charter
Kelli O’Donnell, NMFS Southeast
and contrary to the public interest. The vessel or headboat, during the closure
Regional Office, telephone: 727–824–
delay in the effective date until June 5, no person aboard a vessel that has been
5305, email: kelli.odonnell@noaa.gov.
2017, is necessary to provide the issued a Federal commercial permit for
SUPPLEMENTARY INFORMATION: The king mackerel may fish for or retain Gulf
opportunity for further review and fishery for coastal migratory pelagic fish
consideration of this new regulation, king mackerel in the EEZ in the closed
includes king mackerel, Spanish zone (50 CFR 622.384(e)(1)). A person
consistent with the January 20, 2017 mackerel, and cobia, and is managed
memorandum. Given the imminence of aboard a vessel that has a valid Federal
under the Fishery Management Plan for charter vessel/headboat permit for
the effective date of the ‘‘Federal Motor the Coastal Migratory Pelagic Resources
Vehicle Safety Standards; Minimum coastal migratory pelagic fish may
of the Gulf of Mexico and Atlantic continue to retain king mackerel in or
Sound Requirements for Hybrid and Region (FMP). The FMP was prepared
Electric Vehicles’’ final rule, seeking from the closed zone under the
by the Gulf of Mexico and South recreational bag and possession limits
prior public comment on this temporary Atlantic Fishery Management Councils
delay would be impractical, as well as set forth in 50 CFR 622.382(a)(1)(ii) and
and is implemented by NMFS under the (a)(2), provided the vessel is operating
contrary to the public interest in the authority of the Magnuson-Stevens
orderly promulgation and as a charter vessel or headboat (50 CFR
Fishery Conservation and Management 622.384(e)(2)). A charter vessel or
implementation of regulations. Act (Magnuson-Stevens Act) by headboat that also has a commercial
Authority: 49 U.S.C. 322, 30111, 30115, regulations at 50 CFR part 622. All king mackerel permit is considered to be
30117, and 30116; delegation of authority at weights for Gulf king mackerel below
49 CFR 1.95. operating as a charter vessel or headboat
apply as either round or gutted weight. when it carries a passenger who pays a
Jack Danielson, On October 14, 2016, NMFS closed fee or when there are more than three
Acting Deputy Administrator. the commercial sector for king mackerel persons aboard, including operator and
[FR Doc. 2017–10504 Filed 5–18–17; 4:15 pm]
in the western zone, because the crew.
commercial harvest of king mackerel in During the closure, king mackerel
BILLING CODE 4910–59–P
the July 1, 2016, through June 30, 2017, from the closed zone, including those
fishing year reached the commercial harvested under the bag and possession
quota that was in place at that time (81 limits, may not be purchased or sold.
DEPARTMENT OF COMMERCE FR 71410, October 17, 2016). The This prohibition does not apply to king
western zone of Gulf migratory group mackerel from the closed zone that were
National Oceanic and Atmospheric
king mackerel is located in the EEZ harvested, landed ashore, and sold prior
Administration
between a line extending east from the to the closure and were held in cold
border of the United States and Mexico, storage by a dealer or processor (50 CFR
50 CFR Part 622
and 87°31.1′ W. long., which is a line 622.384(e)(3)).
[Docket No. 101206604–1758–02] extending south from the state boundary
of Alabama and Florida. Classification
RIN 0648–XF414
On April 11, 2017, NMFS published The Regional Administrator for the
Coastal Migratory Pelagic Resources a final rule to implement Amendment NMFS Southeast Region has determined
of the Gulf of Mexico and South 26 to the FMP in the Federal Register this temporary rule is necessary for the
Atlantic; 2016–2017 Commercial (82 FR 17387). That final rule adjusted conservation and management of Gulf
Accountability Measure and Closure the management boundaries, zones, and migratory group king mackerel and is
for King Mackerel in Western Zone of annual catch limits for Gulf migratory consistent with the Magnuson-Stevens
the Gulf of Mexico group king mackerel (Gulf king Act and other applicable laws.
mackerel) that resulted in increased This action is taken under 50 CFR
AGENCY: National Marine Fisheries commercial quotas for each zone of the 622.384(e) and 622.388(a)(1)(i), and is
Service (NMFS), National Oceanic and Gulf EEZ. Consequently, NMFS exempt from review under Executive
Atmospheric Administration (NOAA), reopened the western zone to Order 12866.
Commerce. commercial harvest of king mackerel on These measures are exempt from the
ACTION: Temporary rule; closure. May 11, 2017, to allow harvest up to the procedures of the Regulatory Flexibility
new commercial quota for that zone of Act because the temporary rule is issued
SUMMARY: NMFS implements an
nlaroche on DSK30NT082PROD with RULES
1,180,000 lb (535,239 kg) (82 FR 21314, without opportunity for prior notice and
accountability measure (AM) for May 8, 2017). comment.
commercial king mackerel in the Regulations at 50 CFR 622.388(a)(1)(i) This action responds to the best
western zone of the Gulf of Mexico require NMFS to close the commercial scientific information available. The
(Gulf) exclusive economic zone (EEZ) sector for Gulf king mackerel in the Assistant Administrator for NOAA
through this temporary rule. NMFS has western zone when the commercial Fisheries (AA) finds good cause to
determined that the commercial quota quota is reached, or is projected to be waive the requirements to provide prior
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![23152 Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Rules and Regulations
notice and opportunity for public opportunity for public comment is For the aforementioned reasons, the
comment pursuant to the authority set contrary to the public interest because AA also finds good cause to waive the
forth at 5 U.S.C. 553(b)(B) as such of the need to immediately implement 30-day delay in the effectiveness of this
procedures are unnecessary and this action to protect the king mackerel action under 5 U.S.C. 553(d)(3).
contrary to the public interest. Such stock, because the capacity of the Authority: 16 U.S.C. 1801 et seq.
procedures are unnecessary because the fishing fleet allows for rapid harvest of
rule implementing the commercial Dated: May 16, 2017.
the commercial quota. Prior notice and
quota and the associated AM has Margo B. Schulze-Haugen,
opportunity for public comment would
already been subject to notice and Acting Deputy Director, Office of Sustainable
require time and could potentially result Fisheries, National Marine Fisheries Service.
public comment, and all that remains is
in a harvest well in excess of the
to notify the public of the closure. [FR Doc. 2017–10251 Filed 5–16–17; 4:15 pm]
established commercial quota.
Additionally, allowing prior notice and BILLING CODE 3510–22–P
nlaroche on DSK30NT082PROD with RULES
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Document Created: 2018-11-08 08:51:24
Document Modified: 2018-11-08 08:51:24
| 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 12:01 p.m., local time, May 21, 2017, until 12:01 a.m., local time, on July 1, 2017. | |
| Contact | Kelli O'Donnell, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 82 FR 23151 | |
| RIN Number | 0648-XF41 |
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