83_FR_22696 83 FR 22601 - Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; 2017-2018 Commercial Closure for King Mackerel in the Gulf of Mexico Northern Zone

83 FR 22601 - Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; 2017-2018 Commercial Closure for King Mackerel in the Gulf of Mexico Northern Zone

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 95 (May 16, 2018)

Page Range22601-22602
FR Document2018-10434

NMFS implements an accountability measure (AM) for commercial king mackerel in the northern 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 northern zone of the Gulf EEZ will be reached by May 15, 2018. Therefore, NMFS closes the northern zone of the Gulf EEZ to commercial king mackerel fishing on May 15, 2018. This closure is necessary to protect the Gulf king mackerel resource.

Federal Register, Volume 83 Issue 95 (Wednesday, May 16, 2018) 
[Federal Register Volume 83, Number 95 (Wednesday, May 16, 2018)]
[Rules and Regulations]
[Pages 22601-22602]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10434]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 160426363-7275-02]
RIN 0648-XF920


Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
Atlantic Region; 2017-2018 Commercial Closure for King Mackerel in the 
Gulf of Mexico Northern Zone

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 
king mackerel in the northern 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 northern 
zone of the Gulf EEZ will be reached by May 15, 2018. Therefore, NMFS 
closes the northern zone of the Gulf EEZ to commercial king mackerel 
fishing on May 15, 2018. This closure is necessary to protect the Gulf 
king mackerel resource.

DATES: The closure is effective at 12:01 a.m., local time, May 15, 
2018, until 12:01 a.m., local time, on October 1, 2018.

FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, NMFS Southeast 
Regional Office, telephone: 727-824-5305, email: 
kelli.odonnell@noaa.gov.

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 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). The 
commercial quota for the Gulf king mackerel in the Gulf northern zone 
is 511,200 lb (231,876 kg) for the current fishing year, October 1, 
2017, through September 30, 2018 (50 CFR 622.384(b)(1)(ii)).
    The Gulf king mackerel northern zone is located in the EEZ between 
a line at 87[deg]31.6' W long., which is a line extending due south of 
the state boundary of Alabama and Florida, and a line at 26[deg]19.48' 
N lat., which is a line extending west from the boundary of Lee and 
Collier Counties in southwest Florida.
    Regulations at 50 CFR 622.388(a)(1)(i) require NMFS to close the 
commercial sector for Gulf king 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 commercial quota of 511,200 lb (231,876 kg) for 
Gulf king mackerel in the northern zone will be reached by May 15, 
2018. Accordingly, the northern zone is closed to commercial fishing 
for Gulf king mackerel effective from 12:01 a.m., local time, on May 
15, 2018, through September 30, 2018, the end of the current fishing 
year.
    During the closure, a person on board a vessel that has been issued 
a valid Federal commercial or charter vessel/headboat permit for 
coastal migratory pelagic fish may continue to retain the king mackerel 
in the northern zone under the recreational bag and possession limits 
specified in 50 CFR 622.382(a)(1)(ii) and (a)(2), as long as the 
recreational sector for Gulf king mackerel in the northern zone is open 
(50 CFR 622.384(e)(1)).
    Also 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)(2)).

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.

[[Page 22602]]

    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 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 implement immediately 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 11, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-10434 Filed 5-11-18; 4:15 pm]
 BILLING CODE 3510-22-P

Federal Register / Vol. 83, No. 95 / Wednesday, May 16, 2018 / Rules and Regulations 22601 1999) and Executive Order 13175, * * * * * 26 to the FMP in the Federal Register entitled ‘‘Consultation and Coordination [FR Doc. 2018–10345 Filed 5–15–18; 8:45 am] (82 FR 17387). That final rule adjusted with Indian Tribal Governments’’ (65 FR BILLING CODE 6560–50–P the management boundaries, zones, and 67249, November 9, 2000) do not apply annual catch limits for Gulf migratory to this action. In addition, this action group king mackerel (Gulf king does not impose any enforceable duty or DEPARTMENT OF COMMERCE mackerel). The commercial quota for the contain any unfunded mandate as Gulf king mackerel in the Gulf northern described under Title II of the Unfunded National Oceanic and Atmospheric zone is 511,200 lb (231,876 kg) for the Mandates Reform Act (UMRA) (2 U.S.C. Administration current fishing year, October 1, 2017, 1501 et seq.). through September 30, 2018 (50 CFR This action does not involve any 50 CFR Part 622 622.384(b)(1)(ii)). technical standards that would require [Docket No. 160426363–7275–02] The Gulf king mackerel northern zone Agency consideration of voluntary is located in the EEZ between a line at consensus standards pursuant to section RIN 0648–XF920 87°31.6′ W long., which is a line 12(d) of the National Technology extending due south of the state Coastal Migratory Pelagic Resources boundary of Alabama and Florida, and Transfer and Advancement Act of the Gulf of Mexico and Atlantic (NTTAA) (15 U.S.C. 272 note). a line at 26°19.48′ N lat., which is a line Region; 2017–2018 Commercial extending west from the boundary of VII. Congressional Review Act Closure for King Mackerel in the Gulf Lee and Collier Counties in southwest of Mexico Northern Zone Florida. Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA will AGENCY: National Marine Fisheries Regulations at 50 CFR 622.388(a)(1)(i) submit a report containing this rule and Service (NMFS), National Oceanic and require NMFS to close the commercial other required information to the U.S. Atmospheric Administration (NOAA), sector for Gulf king mackerel in the Senate, the U.S. House of Commerce. northern zone when the commercial Representatives, and the Comptroller ACTION: Temporary rule; closure. quota is reached, or is projected to be General of the United States prior to reached, by filing a notification to that publication of the rule in the Federal SUMMARY: NMFS implements an effect with the Office of the Federal Register. This action is not a ‘‘major accountability measure (AM) for Register. NMFS has determined the rule’’ as defined by 5 U.S.C. 804(2). commercial king mackerel in the commercial quota of 511,200 lb (231,876 northern zone of the Gulf of Mexico kg) for Gulf king mackerel in the List of Subjects in 40 CFR Part 180 (Gulf) exclusive economic zone (EEZ) northern zone will be reached by May Environmental protection, through this temporary rule. NMFS has 15, 2018. Accordingly, the northern Administrative practice and procedure, determined that the commercial quota zone is closed to commercial fishing for Agricultural commodities, Pesticides for king mackerel in the northern zone Gulf king mackerel effective from 12:01 and pests, Reporting and recordkeeping of the Gulf EEZ will be reached by May a.m., local time, on May 15, 2018, requirements. 15, 2018. Therefore, NMFS closes the through September 30, 2018, the end of northern zone of the Gulf EEZ to the current fishing year. Dated: April 30, 2018. commercial king mackerel fishing on During the closure, a person on board Daniel Rosenblatt, May 15, 2018. This closure is necessary a vessel that has been issued a valid Acting Director, Registration Division, Office to protect the Gulf king mackerel Federal commercial or charter vessel/ of Pesticide Program. resource. headboat permit for coastal migratory Therefore, 40 CFR chapter I is DATES: The closure is effective at 12:01 pelagic fish may continue to retain the amended as follows: a.m., local time, May 15, 2018, until king mackerel in the northern zone 12:01 a.m., local time, on October 1, under the recreational bag and PART 180—[AMENDED] possession limits specified in 50 CFR 2018. 622.382(a)(1)(ii) and (a)(2), as long as ■ 1. The authority citation for part 180 FOR FURTHER INFORMATION CONTACT: the recreational sector for Gulf king continues to read as follows: Kelli O’Donnell, NMFS Southeast mackerel in the northern zone is open Authority: 21 U.S.C. 321(q), 346a and 371. Regional Office, telephone: 727–824– (50 CFR 622.384(e)(1)). 5305, email: kelli.odonnell@noaa.gov. Also during the closure, king ■ 2. In § 180.474, add alphabetically the SUPPLEMENTARY INFORMATION: The mackerel from the closed zone, entries ‘‘Ginseng, dried’’ and ‘‘Ginseng, fishery for coastal migratory pelagic fish including those harvested under the bag fresh’’ to the table in paragraph (a)(1) to includes king mackerel, Spanish and possession limits, may not be read as follows: mackerel, and cobia, and is managed purchased or sold. This prohibition § 180.474 Tebuconazole; tolerances for under the Fishery Management Plan for does not apply to king mackerel from residues. the Coastal Migratory Pelagic Resources the closed zone that were harvested, (a) * * * of the Gulf of Mexico and Atlantic landed ashore, and sold prior to the Region (FMP). The FMP was prepared closure and were held in cold storage by (1) * * * by the Gulf of Mexico and South a dealer or processor (50 CFR Parts per Atlantic Fishery Management Councils 622.384(e)(2)). Commodity and is implemented by NMFS under the million authority of the Magnuson-Stevens Classification nshattuck on DSK9F9SC42PROD with RULES Fishery Conservation and Management The Regional Administrator for the * * * * * Act (Magnuson-Stevens Act) by NMFS Southeast Region has determined Ginseng, dried 1 .................... 0.40 regulations at 50 CFR part 622. All this temporary rule is necessary for the 1 Ginseng, fresh .................... 0.15 weights for Gulf king mackerel below conservation and management of Gulf apply as either round or gutted weight. king mackerel and is consistent with the * * * * * On April 11, 2017, NMFS published Magnuson-Stevens Act and other 1 There are no U.S. registrations. a final rule to implement Amendment applicable laws. VerDate Sep<11>2014 13:12 May 15, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\16MYR1.SGM 16MYR1

22602 Federal Register / Vol. 83, No. 95 / Wednesday, May 16, 2018 / Rules and Regulations This action is taken under 50 CFR ACTION: Temporary rule; closure of vessels fishing under the Angling 622.384(e) and 622.388(a)(1)(i), and is Angling category Gulf of Mexico trophy category quota, with 1.5 mt allocated for exempt from review under Executive fishery. each of the following areas: North of Order 12866. 39°18′ N lat. (off Great Egg Inlet, NJ); These measures are exempt from the SUMMARY: NMFS closes the Gulf of south of 39°18′ N lat. and outside the procedures of the Regulatory Flexibility Mexico Angling category fishery for Gulf of Mexico (the ‘‘southern area’’); Act because the temporary rule is issued large medium and giant (‘‘trophy’’ (i.e., and in the Gulf of Mexico. Trophy BFT without opportunity for prior notice and measuring 73 inches curved fork length measure 73 inches (185 cm) curved fork comment. or greater)) Atlantic bluefin tuna (BFT). length or greater. This action responds to the best This action is being taken to prevent overharvest of the Angling category Gulf Based on reported landings from the scientific information available. The of Mexico trophy BFT subquota. NMFS Automated Catch Reporting Assistant Administrator for NOAA DATES: Effective 11:30 p.m., local time, System, NMFS has determined that the Fisheries (AA) finds good cause to May 13, 2018, through December 31, codified Angling category Gulf of waive the requirements to provide prior notice and opportunity for public 2018. Mexico trophy BFT subquota has been comment pursuant to the authority set reached and exceeded and that a closure FOR FURTHER INFORMATION CONTACT: forth at 5 U.S.C. 553(b)(B) as such of the Gulf of Mexico trophy BFT Sarah McLaughlin or Brad McHale, fishery is warranted. Therefore, procedures are unnecessary and 978–281–9260. contrary to the public interest. Such retaining, possessing, or landing large SUPPLEMENTARY INFORMATION: medium or giant BFT in the Gulf of procedures are unnecessary because the Regulations implemented under the rule implementing the commercial Mexico by persons aboard vessels authority of the Atlantic Tunas permitted in the HMS Angling category quota and the associated AM has Convention Act (ATCA; 16 U.S.C. 971 et already been subject to notice and and the HMS Charter/Headboat category seq.) and the Magnuson-Stevens Fishery (when fishing recreationally) must cease public comment, and all that remains is Conservation and Management Act to notify the public of the closure. at 11:30 p.m. local time on May 13, (Magnuson-Stevens Act; 16 U.S.C. 1801 2018. This closure will remain effective Additionally, allowing prior notice and et seq.) governing the harvest of BFT by opportunity for public comment is through December 31, 2018. This action persons and vessels subject to U.S. is intended to prevent further contrary to the public interest because jurisdiction are found at 50 CFR part of the need to implement immediately overharvest of the Angling category Gulf 635. Section 635.27 subdivides the U.S. this action to protect the king mackerel of Mexico trophy BFT subquota, and is BFT quota recommended by the stock, because the capacity of the taken consistent with the regulations at International Commission for the fishing fleet allows for rapid harvest of § 635.28(a)(1). Conservation of Atlantic Tunas (ICCAT) the commercial quota. Prior notice and among the various domestic fishing If needed, subsequent Angling opportunity for public comment would categories, per the allocations category adjustments will be published require time and could potentially result established in the 2006 Consolidated in the Federal Register. Information in a harvest well in excess of the Atlantic Highly Migratory Species regarding the Angling category fishery established commercial quota. Fishery Management Plan (2006 for Atlantic tunas, including daily For the aforementioned reasons, the Consolidated HMS FMP) (71 FR 58058, retention limits for BFT measuring 27 AA also finds good cause to waive the October 2, 2006) and amendments. inches (68.5 cm) to less than 73 inches 30-day delay in the effectiveness of this NMFS is required, under and any further Angling category action under 5 U.S.C. 553(d)(3). § 635.28(a)(1), to file a closure notice adjustments, is available at Authority: 16 U.S.C. 1801 et seq. with the Office of the Federal Register hmspermits.noaa.gov or by calling (978) Dated: May 11, 2018. for publication when a BFT quota is 281–9260. HMS Angling and HMS Jennifer M. Wallace, reached or is projected to be reached. Charter/Headboat category permit On and after the effective date and time holders may catch and release (or tag Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. of such notification, for the remainder of and release) BFT of all sizes, subject to the fishing year or for a specified period the requirements of the catch-and- [FR Doc. 2018–10434 Filed 5–11–18; 4:15 pm] as indicated in the notification, release and tag-and-release programs at BILLING CODE 3510–22–P retaining, possessing, or landing BFT § 635.26. Anglers are also reminded that under that quota category is prohibited all BFT that are released must be DEPARTMENT OF COMMERCE until the opening of the subsequent handled in a manner that will maximize quota period or until such date as survival, and without removing the fish National Oceanic and Atmospheric specified in the notice. from the water, consistent with Administration Angling Category Large Medium and requirements at § 635.21(a)(1). For Giant Gulf of Mexico ‘‘Trophy’’ Fishery additional information on safe handling, 50 CFR Part 635 Closure see the ‘‘Careful Catch and Release’’ brochure available at https:// The 2018 BFT fishing year, which is [Docket No. 150121066–5717–02] www.fisheries.noaa.gov/resource/ managed on a calendar-year basis and outreach-and-education/careful-catch- subject to an annual calendar-year RIN 0648–XG237 and-release-brochure. quota, began January 1, 2018. The nshattuck on DSK9F9SC42PROD with RULES Angling category season opened January HMS Charter/Headboat and Angling Atlantic Highly Migratory Species; 1, 2018, and continues through category vessel owners are required to Atlantic Bluefin Tuna Fisheries December 31, 2018. The currently report the catch of all BFT retained or AGENCY: National Marine Fisheries codified Angling category quota is 195.2 discarded dead, within 24 hours of the Service (NMFS), National Oceanic and metric tons (mt), of which 4.5 mt is landing(s) or end of each trip, by Atmospheric Administration (NOAA), allocated for the harvest of large accessing hmspermits.noaa.gov or by Commerce. medium and giant (trophy) BFT by using the HMS Catch Reporting App. VerDate Sep<11>2014 13:12 May 15, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\16MYR1.SGM 16MYR1


Document Created: 2018-11-02 09:13:14
Document Modified: 2018-11-02 09:13:14
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, May 15, 2018, until 12:01 a.m., local time, on October 1, 2018.
ContactKelli O'Donnell, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]
FR Citation83 FR 22601 
RIN Number0648-XF92
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