82_FR_9211 82 FR 9189 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Commercial Trip Limit Reduction for Spanish Mackerel

82 FR 9189 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Commercial Trip Limit Reduction for Spanish Mackerel

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 22 (February 3, 2017)

Page Range9189-9190
FR Document2017-02345

NMFS reduces the commercial trip limit of Atlantic migratory group Spanish mackerel in or from the exclusive economic zone (EEZ) in the Atlantic migratory group southern zone to 1,500 lb (680 kg), round weight, per day. This trip limit reduction is necessary to maximize the socioeconomic benefits of the quota.

Federal Register, Volume 82 Issue 22 (Friday, February 3, 2017) 
[Federal Register Volume 82, Number 22 (Friday, February 3, 2017)]
[Rules and Regulations]
[Pages 9189-9190]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02345]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 101206604-1758-02]
RIN 0648-XF179


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South 
Atlantic; Commercial Trip Limit Reduction for Spanish Mackerel

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

ACTION: Temporary rule; trip limit reduction.

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SUMMARY: NMFS reduces the commercial trip limit of Atlantic migratory 
group Spanish mackerel in or from the exclusive economic zone (EEZ) in 
the Atlantic migratory group southern zone to 1,500 lb (680 kg), round 
weight, per day. This trip limit reduction is necessary to maximize the 
socioeconomic benefits of the quota.

DATES: Effective 6:00 a.m., local time, February 6, 2017, until 12:01 
a.m., local time, March 1, 2017.

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

[[Page 9190]]

(king mackerel, Spanish mackerel, and cobia) is managed under the 
Fishery Management Plan for the Coastal Migratory Pelagic Resources of 
the Gulf of Mexico and South Atlantic (FMP). The FMP was prepared by 
the Gulf of Mexico and South Atlantic Fishery Management Councils and 
is implemented under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) by regulations 
at 50 CFR part 622.
    Framework Amendment 1 to the FMP (79 FR 69058, November 20, 2014) 
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 migratory group Spanish mackerel 
are divided into a northern and southern zone for management purposes. 
The southern zone consists of Federal waters off South Carolina, 
Georgia, and Florida. The boundaries for the southern zone for Atlantic 
migratory group Spanish mackerel extend between North Carolina/South 
Carolina, a line extending in a direction of 135[deg]34'55'' from true 
north beginning at 33[deg]51'07.9'' N. lat. and 78[deg]32'32.6'' W. 
long. to the intersection point with the outward boundary of the EEZ, 
at 25[deg]20'24'' N. lat., which is a line directly east from the 
boundary between Miami-Dade/Monroe Counties, Florida.
    The southern zone quota for Atlantic migratory group Spanish 
mackerel is 2,667,330 lb (1,209,881 kg). Seasonally variable trip 
limits are based on an adjusted commercial quota of 2,417,330 lb 
(1,096,482 kg). The adjusted commercial quota is calculated to allow 
continued harvest in the southern zone at a set rate for the remainder 
of the current fishing year, through February 28, 2017, in accordance 
with 50 CFR 622.385(b)(2). As specified at 50 CFR 622.385(b)(1)(ii)(B), 
after 75 percent of the adjusted commercial quota of Atlantic migratory 
group Spanish mackerel is reached or projected to be reached, Spanish 
mackerel in or from the EEZ in the southern zone may not be possessed 
onboard or landed from a permitted vessel in amounts exceeding 1,500 lb 
(680 kg) per day.
    NMFS has determined that 75 percent of the adjusted commercial 
quota for Atlantic group Spanish mackerel has been reached. 
Accordingly, the commercial trip limit of 1,500 lb (680 kg) per day 
applies to Atlantic migratory group Spanish mackerel in or from the EEZ 
in the southern zone effective 6 a.m., local time February 6, 2017, 
until 12:01 a.m., local time, March 1, 2017, unless changed by 
subsequent notification in the Federal Register.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
Atlantic migratory group Spanish mackerel and is consistent with the 
Magnuson-Stevens Act and other applicable laws.
    This action is taken under 50 CFR 622.385(b)(1)(ii)(B) 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 Acting Assistant Administrator for Fisheries (AA) finds that the 
need to immediately reduce the trip limit for the commercial sector for 
Spanish mackerel constitutes good cause to waive the requirements to 
provide prior notice and the opportunity for public comment pursuant to 
5 U.S.C. 553(b)(B) as such procedures would be unnecessary and contrary 
to the public interest. Such procedures are unnecessary because the 
rules implementing the quotas and trip limits have already been subject 
to notice and comment, and all that remains is to notify the public of 
the trip limit reduction.
    Prior notice and opportunity for public comment is contrary to the 
public interest, because any delay in the trip limit reduction of the 
commercial harvest could result in the commercial quota being exceeded. 
There is a need to immediately implement this action to protect the 
Spanish mackerel resource, because the capacity of the fishing fleet 
allows for rapid harvest of the quota. Prior notice and opportunity for 
public comment would require additional time and could 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 of this action under 5 U.S.C. 
553(d)(3).

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

    Dated: January 31, 2017.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-02345 Filed 1-31-17; 4:15 pm]
 BILLING CODE 3510-22-P

Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Rules and Regulations 9189 CIVIL MONETARY PENALTY AUTHORITIES ADMINISTERED BY HHS AGENCIES AND PENALTY AMOUNTS—Continued [Effective February 3, 2017] Citation Date of last 2016 2017 HHS penalty fig- Maximum Maximum Description 2 U.S.C. CFR 1 agency ure or ad- adjusted adjusted justment 3 penalty ($) penalty ($) 4 18081(h)(2) ......................... 42 CFR 155.260 ........... CMS ... Penalty for knowingly or willfully disclosing pro- 2016 27,186 27,631 tected information from Exchange. 31 U.S.C. 1352 .................................... 45 CFR 93.400(e) ......... HHS ... Penalty for the first time an individual makes an 2016 18,936 19,246 expenditure prohibited by regulations regard- ing lobbying disclosure, absent aggravating circumstances. Penalty for second and subsequent offenses by individuals who make an expenditure prohib- ited by regulations regarding lobbying disclo- sure: Minimum ............................................................... 2016 18,936 19,246 Maximum .............................................................. 2016 189,361 192,459 Penalty for the first time an individual fails to file 2016 18,936 19,246 or amend a lobbying disclosure form, absent aggravating circumstances. Penalty for second and subsequent offenses by individuals who fail to file or amend a lobbying disclosure form, absent aggravating cir- cumstances: Minimum ............................................................... 2016 18,936 19,246 Maximum .............................................................. 2016 189,361 192,459 ......................................... 45 CFR Part 93, Appen- HHS ... Penalty for failure to provide certification regard- dix A ing lobbying in the award documents for all sub-awards of all tiers: Minimum ............................................................... 2016 18,936 19,246 Maximum .............................................................. 2016 189,361 192,459 Penalty for failure to provide statement regarding lobbying for loan guarantee and loan insur- ance transactions: Minimum ............................................................... 2016 18,936 19,246 Maximum .............................................................. 2016 189,361 192,459 3801–3812 .......................... 45 CFR 79.3(a)(1)(iv) .... HHS ... Penalty against any individual who—with knowl- 2016 9,894 10,056 edge or reason to know—makes, presents or submits a false, fictitious or fraudulent claim to the Department. 45 CFR 79.3(b)(1)(ii) ............ Penalty against any individual who—with knowl- 2016 9,894 10,056 edge or reason to know—makes, presents or submits a false, fictitious or fraudulent claim to the Department. 1 Some HHS components have not promulgated regulations regarding their civil monetary penalty-specific statutory authorities. 2 The description is not intended to be a comprehensive explanation of the underlying violation; the statute and corresponding regulation, if applicable should be consulted. 3 Statutory or Inflation Act Adjustment. 3 Statutory or Inflation Act Adjustment. 4 The cost of living multiplier for 2017, based on the Consumer Price Index (CPI–U) for the month of October 2016, not seasonally adjusted, is 1.01636, as indi- cated in OMB Memorandum M–17–11, ‘‘Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties Adjustment Act Improvements Act of 2015’’ (December 16, 2016). Dated: January 30, 2017. DEPARTMENT OF COMMERCE ACTION: Temporary rule; trip limit Norris Cochran, reduction. Acting Secretary, Department of Health and National Oceanic and Atmospheric Human Services. Administration SUMMARY: NMFS reduces the commercial trip limit of Atlantic [FR Doc. 2017–02300 Filed 2–2–17; 8:45 am] 50 CFR Part 622 migratory group Spanish mackerel in or BILLING CODE 4150–24–P from the exclusive economic zone (EEZ) [Docket No. 101206604–1758–02] in the Atlantic migratory group southern zone to 1,500 lb (680 kg), round weight, RIN 0648–XF179 per day. This trip limit reduction is necessary to maximize the Fisheries of the Caribbean, Gulf of socioeconomic benefits of the quota. Mexico, and South Atlantic; Coastal DATES: Effective 6:00 a.m., local time, Migratory Pelagic Resources of the February 6, 2017, until 12:01 a.m., local asabaliauskas on DSK3SPTVN1PROD with RULES Gulf of Mexico and South Atlantic; time, March 1, 2017. Commercial Trip Limit Reduction for FOR FURTHER INFORMATION CONTACT: Spanish Mackerel Mary Vara, NMFS Southeast Regional AGENCY: National Marine Fisheries Office, telephone: 727–824–5305, or Service (NMFS), National Oceanic and email: mary.vara@noaa.gov. Atmospheric Administration (NOAA), SUPPLEMENTARY INFORMATION: The Commerce. fishery for coastal migratory pelagic fish VerDate Sep<11>2014 21:08 Feb 02, 2017 Jkt 241001 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 E:\FR\FM\03FER1.SGM 03FER1

9190 Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Rules and Regulations (king mackerel, Spanish mackerel, and continued harvest in the southern zone This action responds to the best cobia) is managed under the Fishery at a set rate for the remainder of the scientific information available. The Management Plan for the Coastal current fishing year, through February Acting Assistant Administrator for Migratory Pelagic Resources of the Gulf 28, 2017, in accordance with 50 CFR Fisheries (AA) finds that the need to of Mexico and South Atlantic (FMP). 622.385(b)(2). As specified at 50 CFR immediately reduce the trip limit for the The FMP was prepared by the Gulf of 622.385(b)(1)(ii)(B), after 75 percent of commercial sector for Spanish mackerel Mexico and South Atlantic Fishery the adjusted commercial quota of constitutes good cause to waive the Management Councils and is Atlantic migratory group Spanish requirements to provide prior notice implemented under the authority of the mackerel is reached or projected to be and the opportunity for public comment Magnuson-Stevens Fishery reached, Spanish mackerel in or from pursuant to 5 U.S.C. 553(b)(B) as such Conservation and Management Act the EEZ in the southern zone may not procedures would be unnecessary and (Magnuson-Stevens Act) by regulations be possessed onboard or landed from a contrary to the public interest. Such at 50 CFR part 622. permitted vessel in amounts exceeding procedures are unnecessary because the Framework Amendment 1 to the FMP 1,500 lb (680 kg) per day. rules implementing the quotas and trip (79 FR 69058, November 20, 2014) NMFS has determined that 75 percent limits have already been subject to implemented a commercial annual of the adjusted commercial quota for notice and comment, and all that catch limit (equal to the commercial Atlantic group Spanish mackerel has remains is to notify the public of the trip quota) of 3.33 million lb (1.51 million been reached. Accordingly, the limit reduction. kg) for the Atlantic migratory group of commercial trip limit of 1,500 lb (680 Prior notice and opportunity for Spanish mackerel. Atlantic migratory kg) per day applies to Atlantic migratory public comment is contrary to the group Spanish mackerel are divided group Spanish mackerel in or from the public interest, because any delay in the into a northern and southern zone for EEZ in the southern zone effective 6 trip limit reduction of the commercial management purposes. The southern a.m., local time February 6, 2017, until harvest could result in the commercial zone consists of Federal waters off 12:01 a.m., local time, March 1, 2017, quota being exceeded. There is a need South Carolina, Georgia, and Florida. unless changed by subsequent to immediately implement this action to The boundaries for the southern zone notification in the Federal Register. protect the Spanish mackerel resource, for Atlantic migratory group Spanish because the capacity of the fishing fleet Classification mackerel extend between North allows for rapid harvest of the quota. Carolina/South Carolina, a line The Regional Administrator, Prior notice and opportunity for public extending in a direction of 135°34′55″ Southeast Region, NMFS, has comment would require additional time from true north beginning at 33°51′07.9″ determined this temporary rule is and could potentially result in a harvest N. lat. and 78°32′32.6″ W. long. to the necessary for the conservation and well in excess of the established quota. intersection point with the outward management of Atlantic migratory group For the aforementioned reasons, the boundary of the EEZ, at 25°20′24″ N. Spanish mackerel and is consistent with AA also finds good cause to waive the lat., which is a line directly east from the Magnuson-Stevens Act and other 30-day delay in effectiveness of this the boundary between Miami-Dade/ applicable laws. action under 5 U.S.C. 553(d)(3). Monroe Counties, Florida. This action is taken under 50 CFR Authority: 16 U.S.C. 1801 et seq. The southern zone quota for Atlantic 622.385(b)(1)(ii)(B) and is exempt from migratory group Spanish mackerel is review under Executive Order 12866. Dated: January 31, 2017. 2,667,330 lb (1,209,881 kg). Seasonally These measures are exempt from the Jennifer M. Wallace, variable trip limits are based on an procedures of the Regulatory Flexibility Acting Director, Office of Sustainable adjusted commercial quota of 2,417,330 Act, because the temporary rule is Fisheries, National Marine Fisheries Service. lb (1,096,482 kg). The adjusted issued without opportunity for prior [FR Doc. 2017–02345 Filed 1–31–17; 4:15 pm] commercial quota is calculated to allow notice and opportunity for comment. BILLING CODE 3510–22–P asabaliauskas on DSK3SPTVN1PROD with RULES VerDate Sep<11>2014 21:08 Feb 02, 2017 Jkt 241001 PO 00000 Frm 00064 Fmt 4700 Sfmt 9990 E:\FR\FM\03FER1.SGM 03FER1


Document Created: 2018-02-01 14:34:49
Document Modified: 2018-02-01 14:34:49
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; trip limit reduction.
DatesEffective 6:00 a.m., local time, February 6, 2017, until 12:01 a.m., local time, March 1, 2017.
ContactMary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, or email: [email protected]
FR Citation82 FR 9189 
RIN Number0648-XF17
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