83 FR 3403 - Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; 2017-2018 Commercial Trip Limit Reduction for Spanish Mackerel in the Atlantic Southern Zone
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 17 (January 25, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 17 (January 25, 2018)
| Page Range | 3403-3404 | |
| FR Document | 2018-01385 |
[Federal Register Volume 83, Number 17 (Thursday, January 25, 2018)] [Rules and Regulations] [Pages 3403-3404] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-01385] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 101206604-1758-02] RIN 0648-XF970 Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; 2017-2018 Commercial Trip Limit Reduction for Spanish Mackerel in the Atlantic Southern Zone AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; trip limit reduction. ----------------------------------------------------------------------- SUMMARY: NMFS reduces the commercial trip limit of Atlantic migratory group Spanish mackerel in or from the exclusive economic zone (EEZ) in the Atlantic southern zone to 1,500 lb (680 kg), in round or gutted weight, per day. This commercial trip limit reduction is necessary to maximize the socioeconomic benefits of the quota. DATES: Effective 6 a.m., local time, on January 27, 2018, 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 for Atlantic Spanish mackerel below apply as either round or gutted weight. 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 Spanish mackerel). Atlantic Spanish mackerel are divided into a northern and southern zone for management purposes. The southern zone consists of Federal waters off South Carolina, [[Page 3404]] Georgia, and Florida. The southern zone boundaries for Atlantic Spanish mackerel extend from the border of North Carolina and South Carolina, which is 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., and proceed south 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 border of Miami-Dade and Monroe Counties, Florida. The southern zone commercial quota for Atlantic 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, 2018, in accordance with 50 CFR 622.385(b)(2). Regulations at 50 CFR 622.384(c)(2)(iii) allow for quota transfers between the northern and southern zones with NMFS approval. On October 30, 2017, the State of Florida sent a letter to NMFS, requesting a transfer of 100,000 lb (45,359 kg) of the 2017-2018 Spanish mackerel commercial quota from the southern zone to the northern zone, as per the requirements of 50 CFR 622.384(c)(2)(iii). On November 1, 2017, NMFS notified the respective states that the quota transfer was approved. Accordingly, the revised commercial quota for the 2017-2018 fishing year for the Atlantic Spanish mackerel northern zone is 762,670 lb (345,941 kg) and the revised commercial quota for the southern zone is 2,567,330 lb (1,164,521 kg). As specified at 50 CFR 622.385(b)(1)(ii)(B), after 75 percent of the adjusted commercial quota of Atlantic 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 Spanish mackerel has been reached. Accordingly, the commercial trip limit of 1,500 lb (680 kg) per day applies to Atlantic Spanish mackerel in or from the EEZ in the southern zone effective 6 a.m., local time, on January 27, 2018, until 12:01 a.m., local time, March 1, 2018, unless changed by subsequent notification in the Federal Register. Classification The Regional Administrator 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 622.385(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 NOAA Assistant Administrator for Fisheries (AA) finds that the need to immediately reduce the trip limit for the commercial sector for Atlantic 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 are 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 Atlantic Spanish mackerel resource, because the capacity of the fishing fleet allows for rapid harvest of the commercial 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 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: January 22, 2018. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2018-01385 Filed 1-24-18; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Rules and Regulations 3403
Government and Indian tribes. If you For the reasons discussed in the DEPARTMENT OF COMMERCE
believe this rule has implications for preamble, the Coast Guard amends 33
federalism or Indian tribes, please CFR part 165 as follows: National Oceanic and Atmospheric
contact the person listed in the FOR Administration
FURTHER INFORMATION CONTACT section PART 165—REGULATED NAVIGATION
above. AREAS AND LIMITED ACCESS AREAS 50 CFR Part 622
E. Unfunded Mandates Reform Act [Docket No. 101206604–1758–02]
■ 1. The authority citation for part 165
The Unfunded Mandates Reform Act continues to read as follows: RIN 0648–XF970
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Coastal Migratory Pelagic Resources
their discretionary regulatory actions. In 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; of the Gulf of Mexico and Atlantic
particular, the Act addresses actions Department of Homeland Security Delegation Region; 2017–2018 Commercial Trip
that may result in the expenditure by a No. 0170.1. Limit Reduction for Spanish Mackerel
State, local, or tribal government, in the in the Atlantic Southern Zone
■ 2. Add § 165.T08–0053 to read as
aggregate, or by the private sector of follows: AGENCY: National Marine Fisheries
$100,000,000 (adjusted for inflation) or Service (NMFS), National Oceanic and
more in any one year. Though this rule § 165.T08–0053 Safety Zone; Upper Atmospheric Administration (NOAA),
will not result in such an expenditure, Mississippi River, Thebes, IL. Commerce.
we do discuss the effects of this rule ACTION: Temporary rule; trip limit
(a) Location. The following area is a
elsewhere in this preamble. reduction.
safety zone: All navigable waters of the
F. Environment Upper Mississippi River from Mile
Marker (MM) 40 to MM 45, extending SUMMARY: NMFS reduces the
We have analyzed this rule under commercial trip limit of Atlantic
Department of Homeland Security the entire width of the river.
migratory group Spanish mackerel in or
Directive 023–01, which guides the (b) Enforcement period. This section from the exclusive economic zone (EEZ)
Coast Guard in complying with the will be enforced from 7 a.m. on January in the Atlantic southern zone to 1,500
National Environmental Policy Act of 19, 2018 through 5 p.m. on January 26 lb (680 kg), in round or gutted weight,
1969 (42 U.S.C. 4321–4370f), and have 2018, or until the lightering operations per day. This commercial trip limit
determined that this action is one of a cease, whichever occurs first. reduction is necessary to maximize the
category of actions that do not socioeconomic benefits of the quota.
(c) Regulations. (1) In accordance with
individually or cumulatively have a DATES: Effective 6 a.m., local time, on
the general regulations in § 165.23 of
significant effect on the human January 27, 2018, until 12:01 a.m., local
this part, entry of down-bound vessels
environment. This rule involves an time, March 1, 2018.
or persons into this zone is prohibited
emergency safety zone lasting less than
unless specifically authorized by the FOR FURTHER INFORMATION CONTACT:
one week that will prohibit entry and
Captain of the Port Sector Ohio Valley Mary Vara, NMFS Southeast Regional
transiting between MM 40 and MM 45
(COTP) or designated representative. A Office, telephone: 727–824–5305, or
on the Upper Mississippi River during
designated representative is a email: mary.vara@noaa.gov.
lightering operations of a grounded
commissioned, warrant, or petty officer SUPPLEMENTARY INFORMATION: The
barge. It is categorically excluded from
of the U.S. Coast Guard assigned to fishery for coastal migratory pelagic fish
further review under paragraph L60(c)
units under the operational control of includes king mackerel, Spanish
of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01, USCG Sector Ohio Valley. mackerel, and cobia, and is managed
Rev. 01. Because this safety zone is (2) Vessels requiring entry into this under the Fishery Management Plan for
established in response to an emergency safety zone must request permission the Coastal Migratory Pelagic Resources
situation and is less than one week in from the COTP or a designated of the Gulf of Mexico and Atlantic
duration, a Record of Environmental representative. To seek entry into the Region (FMP). The FMP was prepared
Consideration (REC) is not required. safety zone, contact the COTP or the by the Gulf of Mexico and South
Should this emergency situation require COTP’s representative by telephone at Atlantic Fishery Management Councils
a safety zone lasting longer than one 270–217–0959 or on VHF–FM channel and is implemented by NMFS under the
week, a REC will be made available as 16. authority of the Magnuson-Stevens
indicated under ADDRESSES. Fishery Conservation and Management
(3) Persons and vessels permitted to Act (Magnuson-Stevens Act) by
G. Protest Activities enter this safety zone must transit at regulations at 50 CFR part 622. All
their slowest safe speed and comply weights for Atlantic Spanish mackerel
The Coast Guard respects the First
with all lawful directions issued by the below apply as either round or gutted
Amendment rights of protesters.
COTP or the designated representative. weight.
Protesters are asked to contact the
person listed in the FOR FURTHER (d) Information broadcasts. The COTP Framework Amendment 1 to the FMP
INFORMATION CONTACT section to or a designated representative will (79 FR 69058, November 20, 2014)
coordinate protest activities so that your inform the public through Broadcast implemented a commercial annual
message can be received without Notices to Mariners of any changes in catch limit (equal to the commercial
jeopardizing the safety or security of the planned schedule. quota) of 3.33 million lb (1.51 million
sradovich on DSK3GMQ082PROD with RULES
people, places or vessels. kg) for the Atlantic migratory group of
Dated: January 19, 2018
Spanish mackerel (Atlantic Spanish
List of Subjects in 33 CFR Part 165 M.B. Zamperini, mackerel). Atlantic Spanish mackerel
Harbors, Marine safety, Navigation Captain, U.S. Coast Guard, Captain of the are divided into a northern and
(water), Reporting and recordkeeping Port Sector Ohio Valley. southern zone for management
requirements, Security measures, [FR Doc. 2018–01336 Filed 1–24–18; 8:45 am] purposes. The southern zone consists of
Waterways. BILLING CODE 9110–04–P Federal waters off South Carolina,
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![3404 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Rules and Regulations
Georgia, and Florida. The southern zone Classification DEPARTMENT OF COMMERCE
boundaries for Atlantic Spanish
mackerel extend from the border of The Regional Administrator for the National Oceanic and Atmospheric
North Carolina and South Carolina, NMFS Southeast Region has determined Administration
which is a line extending in a direction this temporary rule is necessary for the
of 135°34′55″ from true north beginning conservation and management of 50 CFR Part 622
at 33°51′07.9″ N lat. and 78°32′32.6″ W Atlantic Spanish mackerel and is
[Docket No. 120919470–3513–02]
long., and proceed south to the consistent with the Magnuson-Stevens
intersection point with the outward Act and other applicable laws. RIN 0648–XF965
boundary of the EEZ, at 25°20′24″ N lat., This action is taken under 50 CFR Fisheries of the Caribbean, Gulf of
which is a line directly east from the 622.385(b)(1)(ii)(B) and is exempt from Mexico, and South Atlantic; Shrimp
border of Miami-Dade and Monroe review under Executive Order 12866. Fishery off the Southern Atlantic
Counties, Florida.
These measures are exempt from the States; Closure of the Penaeid Shrimp
The southern zone commercial quota procedures of the Regulatory Flexibility Fishery off Georgia
for Atlantic Spanish mackerel is Act, because the temporary rule is
2,667,330 lb (1,209,881 kg). Seasonally AGENCY: National Marine Fisheries
issued without opportunity for prior Service (NMFS), National Oceanic and
variable trip limits are based on an notice and opportunity for comment.
adjusted commercial quota of 2,417,330 Atmospheric Administration (NOAA),
lb (1,096,482 kg). The adjusted This action responds to the best Commerce.
commercial quota is calculated to allow scientific information available. The ACTION: Temporary rule; closure.
continued harvest in the southern zone NOAA Assistant Administrator for
Fisheries (AA) finds that the need to SUMMARY: NMFS closes the exclusive
at a set rate for the remainder of the economic zone (EEZ) off Georgia in the
current fishing year, through February immediately reduce the trip limit for the
South Atlantic to trawling for penaeid
28, 2018, in accordance with 50 CFR commercial sector for Atlantic Spanish
shrimp, i.e., brown, pink, and white
622.385(b)(2). Regulations at 50 CFR mackerel constitutes good cause to
shrimp. This closure is necessary to
622.384(c)(2)(iii) allow for quota waive the requirements to provide prior protect the spawning stock of white
transfers between the northern and notice and the opportunity for public shrimp that has been subject to
southern zones with NMFS approval. comment pursuant to 5 U.S.C. 553(b)(B) unusually cold weather conditions
On October 30, 2017, the State of as such procedures are unnecessary and where state water temperatures have
Florida sent a letter to NMFS, requesting contrary to the public interest. Such been 9 °C (48 °F), or less, for at least 7
a transfer of 100,000 lb (45,359 kg) of procedures are unnecessary because the consecutive days.
the 2017–2018 Spanish mackerel rules implementing the quotas and trip DATES: The closure is effective January
commercial quota from the southern limits have already been subject to 24, 2018, until the effective date of a
zone to the northern zone, as per the notice and comment, and all that notification of opening which NOAA
requirements of 50 CFR remains is to notify the public of the trip will publish in the Federal Register.
622.384(c)(2)(iii). On November 1, 2017, limit reduction. FOR FURTHER INFORMATION CONTACT:
NMFS notified the respective states that
the quota transfer was approved. Prior notice and opportunity for Frank Helies, 727–824–5305; email:
Accordingly, the revised commercial public comment is contrary to the Frank.Helies@noaa.gov.
quota for the 2017–2018 fishing year for public interest, because any delay in the SUPPLEMENTARY INFORMATION: The
the Atlantic Spanish mackerel northern trip limit reduction of the commercial penaeid shrimp fishery of the South
zone is 762,670 lb (345,941 kg) and the harvest could result in the commercial Atlantic is managed under the Fishery
revised commercial quota for the quota being exceeded. There is a need Management Plan for the Shrimp
southern zone is 2,567,330 lb (1,164,521 to immediately implement this action to Fishery of the South Atlantic Region
kg). protect the Atlantic Spanish mackerel (FMP). The FMP was prepared by the
resource, because the capacity of the South Atlantic Fishery Management
As specified at 50 CFR Council (Council) and is implemented
622.385(b)(1)(ii)(B), after 75 percent of fishing fleet allows for rapid harvest of
the commercial quota. Prior notice and under the authority of the Magnuson-
the adjusted commercial quota of Stevens Fishery Conservation and
Atlantic Spanish mackerel is reached or opportunity for public comment would
require additional time and could Management Act (Magnuson-Stevens
projected to be reached, Spanish Act) by regulations at 50 CFR part 622.
mackerel in or from the EEZ in the potentially result in a harvest well in
Amendment 9 to the FMP revised the
southern zone may not be possessed excess of the established commercial
criteria and procedures by which a
onboard or landed from a permitted quota. South Atlantic state may request a
vessel in amounts exceeding 1,500 lb For the aforementioned reasons, the concurrent closure of the EEZ to the
(680 kg) per day. AA also finds good cause to waive the harvest of penaeid shrimp when state
NMFS has determined that 75 percent 30-day delay in effectiveness of this waters close as a result of severe winter
of the adjusted commercial quota for action under 5 U.S.C. 553(d)(3). weather (78 FR 35571, June 13, 2013).
Atlantic Spanish mackerel has been Authority: 16 U.S.C. 1801 et seq. Under 50 CFR 622.206(a), NMFS may
reached. Accordingly, the commercial close the EEZ adjacent to South Atlantic
trip limit of 1,500 lb (680 kg) per day Dated: January 22, 2018. states that have closed their waters to
sradovich on DSK3GMQ082PROD with RULES
applies to Atlantic Spanish mackerel in Samuel D. Rauch, III, the harvest of brown, pink, and white
or from the EEZ in the southern zone Deputy Assistant Administrator for shrimp to protect the white shrimp
effective 6 a.m., local time, on January Regulatory Programs, National Marine spawning stock that has been severely
27, 2018, until 12:01 a.m., local time, Fisheries Service. depleted by cold weather or when
March 1, 2018, unless changed by [FR Doc. 2018–01385 Filed 1–24–18; 8:45 am] applicable state water temperatures are
subsequent notification in the Federal BILLING CODE 3510–22–P 9 °C (48 °F), or less, for at least 7
Register. consecutive days. Consistent with those
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Document Created: 2018-01-25 08:50:33
Document Modified: 2018-01-25 08:50:33
| 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; trip limit reduction. | |
| Dates | Effective 6 a.m., local time, on January 27, 2018, until 12:01 a.m., local time, March 1, 2018. | |
| Contact | Mary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, or email: [email protected] | |
| FR Citation | 83 FR 3403 | |
| RIN Number | 0648-XF97 |
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