82_FR_51791 82 FR 51577 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; Commercial Closure for Spanish Mackerel

82 FR 51577 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; Commercial Closure for Spanish Mackerel

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 214 (November 7, 2017)

Page Range51577-51578
FR Document2017-24220

NMFS implements an accountability measure (AM) for commercial Spanish mackerel in the northern zone of the Atlantic exclusive economic zone (EEZ) through this temporary rule. NMFS has determined that the revised commercial quota for Spanish mackerel in the northern zone of the Atlantic EEZ will be reached by November 7, 2017. Therefore, NMFS closes the northern zone of the Atlantic EEZ to commercial harvest of Spanish mackerel on November 7, 2017. This closure is necessary to protect the Spanish mackerel resource in the Atlantic.

Federal Register, Volume 82 Issue 214 (Tuesday, November 7, 2017) 
[Federal Register Volume 82, Number 214 (Tuesday, November 7, 2017)]
[Rules and Regulations]
[Pages 51577-51578]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24220]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140722613-4908-02]
RIN 0648-XF765


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic 
Region; Commercial Closure for Spanish Mackerel

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS implements an accountability measure (AM) for commercial 
Spanish mackerel in the northern zone of the Atlantic exclusive 
economic zone (EEZ) through this temporary rule. NMFS has determined 
that the revised commercial quota for Spanish mackerel in the northern 
zone of the Atlantic EEZ will be reached by November 7, 2017. 
Therefore, NMFS closes the northern zone of the Atlantic EEZ to 
commercial harvest of Spanish mackerel on November 7, 2017. This 
closure is necessary to protect the Spanish mackerel resource in the 
Atlantic.

DATES: The closure is effective at 12:01 a.m., local time, November 7, 
2017, until 12:01 a.m., local time, March 1, 2018.

FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional 
Office, telephone: 727-824-5305, or 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 described 
for Spanish mackerel in the Atlantic EEZ apply as either round or 
gutted weight.
    On November 20, 2014, NMFS published a final rule in the Federal 
Register to implement Framework Amendment 1 to the FMP (79 FR 69058). 
That final rule implemented a commercial annual catch limit (equal to 
the commercial quota) of 3.33 million lb (1.51 million kg) for the 
Atlantic migratory group of Spanish mackerel (Atlantic Spanish 
mackerel). Atlantic Spanish mackerel are divided into northern and 
southern zones for management purposes. The northern zone commercial 
quota for Atlantic Spanish mackerel is 662,670 lb (300,582 kg) for the 
current fishing year, March 1, 2017, through February 28, 2018 (50 CFR 
622.384(c)(2)(i)).
    Regulations at 50 CFR 622.384(c)(2)(iii) allow for quota transfers 
between the northern and southern zones with the approval from the 
Regional Administrator (RA) of the NMFS Southeast Region. North 
Carolina or Florida, in consultation with the other states in the 
respective zones, may request approval from the RA to transfer part or 
all of a respective zone's annual commercial quota to the other zone. 
For the purposes of quota closures as described in 50 CFR 622.8, the 
receiving zone's quota will be the original quota plus any transferred 
amount, for that fishing year only. Landings associated with any 
transferred quota will be included in the total landings for the 
Atlantic migratory group, which will be evaluated relative to the total 
ACL.
    In a letter dated October 30, 2017, the State of Florida requested 
the transfer of 100,000 lb (45,359 kg) of Atlantic Spanish mackerel 
commercial quota from the southern zone to the northern zone to allow 
the commercial quota for both zones to be fully harvested. NMFS 
approved the transfer of commercial quota, and therefore, the revised 
northern zone commercial quota for Spanish mackerel is 762,670 lb 
(345,941 kg) and the revised southern zone commercial quota is 
2,567,330 lb (1,164,521 kg) in the current fishing year, March 1, 2017, 
through February 28, 2018.
    The northern zone for Atlantic Spanish mackerel extends in Federal 
waters off New York, New Jersey, Delaware, Maryland, Virginia, and 
North Carolina. The northern boundary of the northern zone extends from 
an intersection point off New York,

[[Page 51578]]

Connecticut, and Rhode Island at 41[deg]18'16.249'' N. lat., 
71[deg]54'28.477'' W. long. and proceeds southeast to 37[deg]22'32.75'' 
N. lat. and the intersection point with the outward boundary of the 
EEZ. The southern boundary of the northern zone extends from the North 
Carolina and South Carolina state border, along a line extending in a 
direction of 135[deg]34'55'' from true north beginning at 
33[deg]51'07.9'' N. lat., 78[deg]32'32.6'' W. long. to the intersection 
point with the outward boundary of the EEZ.
    Regulations at 50 CFR 622.388(d)(1)(i) require NMFS to close the 
commercial sector for Atlantic Spanish mackerel in the northern 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 revised commercial quota of 762,670 
lb (345,941 kg) for Atlantic Spanish mackerel in the northern zone will 
be reached by November 7, 2017. Accordingly, the commercial sector for 
Atlantic Spanish mackerel in the northern zone is closed effective at 
12:01 a.m., local time, November 7, 2017, through February 28, 2018, 
the end of the current fishing year.
    During the commercial closure, a person on board a vessel that has 
been issued a valid Federal permit to harvest Atlantic Spanish mackerel 
may continue to retain this species in the northern zone under the 
recreational bag and possession limits specified in 50 CFR 
622.382(a)(1)(iii) and (a)(2), as long as the recreational sector for 
Atlantic Spanish mackerel is open (50 CFR 622.384(e)(1)).
    Also during the closure, Atlantic Spanish 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 
Atlantic Spanish 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)(2)).

Classification

    The RA for the NMFS Southeast Region has determined this temporary 
rule is necessary for the conservation and management of Atlantic 
Spanish mackerel and is consistent with the Magnuson-Stevens Act and 
other applicable laws.
    This action is taken under 50 CFR 622.8, 622.384(e), and 
622.388(d)(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 opportunity for 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 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 Atlantic Spanish 
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 effectiveness of this action under 5 U.S.C. 
553(d)(3).

    Authority: 16 U.S.C. 1801 et seq.

    Dated: November 2, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-24220 Filed 11-2-17; 4:15 pm]
BILLING CODE 3510-22-P

Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Rules and Regulations 51577 Dated: October 6, 2017. (B) Wisconsin Administrative Code, and is implemented by NMFS under the Robert A. Kaplan, NR 406.04(1)(w), NR 406.08(1), NR authority of the Magnuson-Stevens Acting Regional Administrator, Region 5. 406.10 and NR 406.11(1) as published in Fishery Conservation and Management the Wisconsin Administrative Register Act (Magnuson-Stevens Act) by 40 CFR part 52 is amended as follows: regulations at 50 CFR part 622. All November 2015 No. 719A1, effective PART 52—APPROVAL AND December 1, 2015. weights described for Spanish mackerel PROMULGATION OF (ii) [Reserved] in the Atlantic EEZ apply as either IMPLEMENTATION PLANS [FR Doc. 2017–23048 Filed 11–6–17; 8:45 am] round or gutted weight. BILLING CODE 6560–50–P On November 20, 2014, NMFS ■ 1. The authority citation for part 52 published a final rule in the Federal continues to read as follows: Register to implement Framework Amendment 1 to the FMP (79 FR Authority: 42 U.S.C. 7401 et seq. DEPARTMENT OF COMMERCE 69058). That final rule implemented a ■ 2. Section 52.2570 is amended by National Oceanic and Atmospheric commercial annual catch limit (equal to revising paragraph (c)(113)(i)(D) and by Administration the commercial quota) of 3.33 million lb adding paragraph (c)(137) to read as (1.51 million kg) for the Atlantic follows: 50 CFR Part 622 migratory group of Spanish mackerel (Atlantic Spanish mackerel). Atlantic § 52.2570 Identification of plan. [Docket No. 140722613–4908–02] Spanish mackerel are divided into * * * * * RIN 0648–XF765 northern and southern zones for (c) * * * management purposes. The northern (113) * * * Fisheries of the Caribbean, Gulf of zone commercial quota for Atlantic (i) * * * Mexico, and South Atlantic; Coastal Spanish mackerel is 662,670 lb (300,582 (D) NR 400.02(73m) and (131m), Migratory Pelagic Resources of the kg) for the current fishing year, March 406.02(1) and (2), 406.04(2m), NR Gulf of Mexico and Atlantic Region; 1, 2017, through February 28, 2018 (50 406.11(1)(g)(1), 406.11(3), 406.16, Commercial Closure for Spanish CFR 622.384(c)(2)(i)). 406.17, 406.18, 407.02(3m), 407.105, Mackerel Regulations at 50 CFR 407.107, 407.14 Note, 407.14(4)(c), 622.384(c)(2)(iii) allow for quota AGENCY: National Marine Fisheries transfers between the northern and 407.15(8)(a) and 410.03(1)(a)(6) and (7) Service (NMFS), National Oceanic and southern zones with the approval from as created and published in the Atmospheric Administration (NOAA), the Regional Administrator (RA) of the (Wisconsin) Register, August 2005, No. Commerce. NMFS Southeast Region. North Carolina 596, effective September 1, 2005. Sections NR 406.16(2)(d) and NR ACTION: Temporary rule; closure. or Florida, in consultation with the 406.17(3)(e) were repealed in 2015 and other states in the respective zones, may SUMMARY: NMFS implements an request approval from the RA to transfer are removed without replacement; see accountability measure (AM) for paragraph (c)(137) of this section. part or all of a respective zone’s annual commercial Spanish mackerel in the commercial quota to the other zone. For * * * * * northern zone of the Atlantic exclusive the purposes of quota closures as (137) On May 16, 2017, the Wisconsin economic zone (EEZ) through this described in 50 CFR 622.8, the receiving Department of Natural Resources temporary rule. NMFS has determined zone’s quota will be the original quota submitted a request to revise that the revised commercial quota for plus any transferred amount, for that Wisconsin’s air permitting rules NR Spanish mackerel in the northern zone fishing year only. Landings associated 400.02(136m), NR 406.04(1)(w), NR of the Atlantic EEZ will be reached by with any transferred quota will be 406.08(1), NR 406.10 and NR 406.11(1). November 7, 2017. Therefore, NMFS included in the total landings for the These revisions replace the existing closes the northern zone of the Atlantic Atlantic migratory group, which will be definition of ‘‘emergency electric EEZ to commercial harvest of Spanish evaluated relative to the total ACL. generator’’ with a broader definition of mackerel on November 7, 2017. This In a letter dated October 30, 2017, the ‘‘restricted internal combustion engine’’, closure is necessary to protect the State of Florida requested the transfer of amend procedures for revoking Spanish mackerel resource in the 100,000 lb (45,359 kg) of Atlantic construction permits and include minor Atlantic. Spanish mackerel commercial quota language changes and other from the southern zone to the northern DATES: The closure is effective at 12:01 administrative updates to ensure zone to allow the commercial quota for a.m., local time, November 7, 2017, consistency with State and Federal both zones to be fully harvested. NMFS until 12:01 a.m., local time, March 1, regulations. Wisconsin has also approved the transfer of commercial 2018. requested to remove from the SIP NR quota, and therefore, the revised 406.16(2)(d) and NR 406.17(3)(e), FOR FURTHER INFORMATION CONTACT: northern zone commercial quota for provisions affecting eligibility of Mary Vara, NMFS Southeast Regional Spanish mackerel is 762,670 lb (345,941 coverage under general and registration Office, telephone: 727–824–5305, or kg) and the revised southern zone construction permits, previously email: mary.vara@noaa.gov. commercial quota is 2,567,330 lb approved in paragraph (c)(113) of this SUPPLEMENTARY INFORMATION: The (1,164,521 kg) in the current fishing section. This action ensures consistency fishery for coastal migratory pelagic fish year, March 1, 2017, through February with Wisconsin Environmental includes king mackerel, Spanish 28, 2018. nshattuck on DSK9F9SC42PROD with RULES Protection Act (WEPA) laws. mackerel, and cobia, and is managed The northern zone for Atlantic (i) Incorporation by reference. under the Fishery Management Plan for Spanish mackerel extends in Federal (A) Wisconsin Administrative Code, the Coastal Migratory Pelagic Resources waters off New York, New Jersey, NR 400.02(136m) as published in the of the Gulf of Mexico and Atlantic Delaware, Maryland, Virginia, and Wisconsin Administrative Register Region (FMP). The FMP was prepared North Carolina. The northern boundary November 2015 No. 719A1, effective by the Gulf of Mexico and South of the northern zone extends from an December 1, 2015. Atlantic Fishery Management Councils intersection point off New York, VerDate Sep<11>2014 15:04 Nov 06, 2017 Jkt 244001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\07NOR1.SGM 07NOR1

51578 Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Rules and Regulations Connecticut, and Rhode Island at Act, because the temporary rule is specifications for 2019 and 2020. This 41°18′16.249″ N. lat., 71°54′28.477″ W. issued without opportunity for prior action establishes allowable harvest long. and proceeds southeast to notice and opportunity for comment. levels and other management measures 37°22′32.75″ N. lat. and the intersection This action responds to the best to prevent overfishing while allowing point with the outward boundary of the scientific information available. The optimum yield, consistent with the EEZ. The southern boundary of the Assistant Administrator for NOAA Magnuson-Stevens Fishery northern zone extends from the North Fisheries (AA) finds good cause to Conservation and Management Act and Carolina and South Carolina state waive the requirements to provide prior the Tilefish Fishery Management Plan. border, along a line extending in a notice and opportunity for public It is also intended to inform the public direction of 135°34′55″ from true north comment pursuant to the authority set of these specifications for the 2018 beginning at 33°51′07.9″ N. lat., forth at 5 U.S.C. 553(b)(B) as such fishing year and projected specifications 78°32′32.6″ W. long. to the intersection procedures are unnecessary and for 2019–2020. point with the outward boundary of the contrary to the public interest. Such DATES: Effective November 2, 2017 EEZ. procedures are unnecessary because the through October 31, 2018. Regulations at 50 CFR 622.388(d)(1)(i) rule implementing the commercial ADDRESSES: Copies of these require NMFS to close the commercial quota and the associated AM has specifications, including the sector for Atlantic Spanish mackerel in already been subject to notice and Environmental Assessment, Regulatory the northern zone when the commercial public comment, and all that remains is Flexibility Act Analyses, and other quota is reached, or is projected to be to notify the public of the closure. supporting documents for the action, are reached, by filing a notification to that Additionally, allowing prior notice and available upon request from Dr. effect with the Office of the Federal opportunity for public comment is Christopher M. Moore, Executive Register. NMFS has determined the contrary to the public interest because Director, Mid-Atlantic Fishery revised commercial quota of 762,670 lb of the need to immediately implement Management Council, Suite 201, 800 N. (345,941 kg) for Atlantic Spanish this action to protect the Atlantic State Street, Dover, DE 19901. The mackerel in the northern zone will be Spanish mackerel stock, because the specifications document is also reached by November 7, 2017. capacity of the fishing fleet allows for accessible via the Internet at: http:// Accordingly, the commercial sector for rapid harvest of the commercial quota. www.greateratlantic.fisheries.noaa.gov. Atlantic Spanish mackerel in the Prior notice and opportunity for public northern zone is closed effective at FOR FURTHER INFORMATION CONTACT: comment would require time and could 12:01 a.m., local time, November 7, potentially result in a harvest well in Cynthia Hanson, Fishery Management 2017, through February 28, 2018, the excess of the established commercial Specialist, (978) 281–9180. end of the current fishing year. quota. SUPPLEMENTARY INFORMATION: During the commercial closure, a For the aforementioned reasons, the Background person on board a vessel that has been AA also finds good cause to waive the issued a valid Federal permit to harvest 30-day delay in effectiveness of this The golden tilefish fishery is managed Atlantic Spanish mackerel may action under 5 U.S.C. 553(d)(3). by the Mid-Atlantic Fishery continue to retain this species in the Management Council under the Tilefish Authority: 16 U.S.C. 1801 et seq. Fishery Management Plan (FMP), which northern zone under the recreational bag and possession limits specified in Dated: November 2, 2017. outlines the Council’s process for 50 CFR 622.382(a)(1)(iii) and (a)(2), as Emily H. Menashes, establishing annual specifications. long as the recreational sector for Acting Director, Office of Sustainable Regulations implementing the Tilefish Atlantic Spanish mackerel is open (50 Fisheries, National Marine Fisheries Service. FMP appear at 50 CFR part 648, CFR 622.384(e)(1)). [FR Doc. 2017–24220 Filed 11–2–17; 4:15 pm] subparts A and N, which require the Also during the closure, Atlantic BILLING CODE 3510–22–P Council to recommend acceptable Spanish mackerel from the closed zone, biological catch (ABC), annual catch including those harvested under the bag limit (ACL), annual catch target (ACT), and possession limits, may not be DEPARTMENT OF COMMERCE total allowable landings (TAL), and purchased or sold. This prohibition other management measures, for up to does not apply to Atlantic Spanish National Oceanic and Atmospheric three years at a time. On September 7, mackerel from the closed zone that were Administration 2017, NMFS proposed 2018–2020 harvested, landed ashore, and sold prior specifications for the golden tilefish to the closure and were held in cold 50 CFR Part 648 fishery (82 FR 42266) based on Council storage by a dealer or processor (50 CFR [Docket No. 170717675–7999–02] recommendations, and accepted public 622.384(e)(2)). comment through September 22, 2017. RIN 0648–XF571 Additional background information Classification regarding the development of these The RA for the NMFS Southeast Fisheries of the Northeastern United specifications was provided in the Region has determined this temporary States; Golden Tilefish Fishery; 2018 proposed rule and is not repeated here. rule is necessary for the conservation and Projected 2019–2020 Specifications Final Specifications and management of Atlantic Spanish mackerel and is consistent with the AGENCY: National Marine Fisheries This action implements the approved Magnuson-Stevens Act and other Service (NMFS), National Oceanic and ABCs, catch limits, and quota limits for nshattuck on DSK9F9SC42PROD with RULES applicable laws. Atmospheric Administration (NOAA), the commercial golden tilefish fishery This action is taken under 50 CFR Commerce. for the 2018 fishing year (Table 1), and 622.8, 622.384(e), and 622.388(d)(1)(i) ACTION: Final rule. projects specifications for fishing years and is exempt from review under 2019 and 2020 (Table 2), as outlined in Executive Order 12866. SUMMARY: NMFS issues final the proposed rule. By providing These measures are exempt from the specifications for the 2018 commercial projected quotas for 2019 and 2020, procedures of the Regulatory Flexibility golden tilefish fishery and projected NMFS hopes to assist fishery VerDate Sep<11>2014 15:04 Nov 06, 2017 Jkt 244001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\07NOR1.SGM 07NOR1


Document Created: 2018-10-25 10:27:31
Document Modified: 2018-10-25 10:27:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; closure.
DatesThe closure is effective at 12:01 a.m., local time, November 7, 2017, until 12:01 a.m., local time, March 1, 2018.
ContactMary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, or email: [email protected]
FR Citation82 FR 51577 
RIN Number0648-XF76
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