83_FR_50489 83 FR 50295 - Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; 2018-2019 Commercial Accountability Measure and Closure for King Mackerel in the Gulf of Mexico Western Zone

83 FR 50295 - Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; 2018-2019 Commercial Accountability Measure and Closure for King Mackerel in the Gulf of Mexico Western Zone

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 194 (October 5, 2018)

Page Range50295-50296
FR Document2018-21659

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 on October 5, 2018. Therefore, NMFS closes the western zone of the Gulf EEZ to commercial king mackerel fishing on October 5, 2018. This closure is necessary to protect the Gulf king mackerel resource.

Federal Register, Volume 83 Issue 194 (Friday, October 5, 2018) 
[Federal Register Volume 83, Number 194 (Friday, October 5, 2018)]
[Rules and Regulations]
[Pages 50295-50296]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21659]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 160426363-7275-02]
RIN 0648-XG523


Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
Atlantic Region; 2018-2019 Commercial Accountability Measure and 
Closure for King Mackerel in the Gulf of Mexico Western 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 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 on October 5, 2018. Therefore, 
NMFS closes the western zone of the Gulf EEZ to commercial king 
mackerel fishing on October 5, 2018. This closure is necessary to 
protect the Gulf king mackerel resource.

DATES: The closure is effective at noon, local time, on October 5, 
2018, until 12:01 a.m., local time, on July 1, 2019.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, NMFS Southeast Regional 
Office, telephone: 727-824-5305, email: [email protected].

SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic 
fish includes king mackerel, Spanish

[[Page 50296]]

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 western zone is 
1,116,000 lb (506,209 kg) for the current fishing year, July 1, 2018, 
through June 30, 2019 (50 CFR 622.384(b)(1)(i)).
    The western zone of Gulf 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. The western zone includes 
the EEZ off Texas, Louisiana, Mississippi, and Alabama.
    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 1,116,000 lb (506,209 kg) 
for Gulf king mackerel in the western zone will be reached on October 
5, 2018. Accordingly, the western zone is closed to commercial fishing 
for Gulf king mackerel effective at noon, local time, on October 5, 
2018, through June 30, 2019, 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 king mackerel in 
the western 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 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.
    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 immediately implement this action to protect the king mackerel 
stock. 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: October 1, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-21659 Filed 10-1-18; 4:15 pm]
BILLING CODE 3510-22-P

Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Rules and Regulations 50295 the contract’s filing with the § 540.23 Procedure for establishing 305, 40104, and 41108(d); sec. 10002 of the Commission, accompanied by financial responsibility. Foreign Shipping Practices Act of 1988 (46 remittance of a $99 service fee, and * * * * * U.S.C. 42301–42307). must include: (b) * * * An application for a ■ 26. Amend § 560.3 by revising the last * * * * * Certificate (Casualty), excluding an sentence of paragraph (a)(2) to read as application for the addition or follows: PART 535—OCEAN COMMON substitution of a vessel to the CARRIER AND MARINE TERMINAL applicant’s fleet, must be accompanied § 560.3 Petitions for relief. OPERATOR AGREEMENTS SUBJECT by a filing fee remittance of $1,441. An (a) * * * TO THE SHIPPING ACT OF 1984 application for a Certificate (Casualty) (2) * * * The petition must be for the addition or substitution of a accompanied by remittance of a $291 ■ 16. The authority citation for part 535 vessel to the applicant’s fleet must be filing fee. continues to read as follows: accompanied by a filing fee remittance * * * * * Authority: 5 U.S.C. 553; 46 U.S.C. 305, of $718. By the Commission. 40101–40104, 40301–40307, 40501–40503, * * * * * Rachel Dickon, 40901–40904, 41101–41109, 41301–41302, Secretary. and 41305–41307. PART 550—REGULATIONS TO ADJUST OR MEET CONDITIONS [FR Doc. 2018–21671 Filed 10–4–18; 8:45 am] ■ 17. Amend § 535.401 by revising BILLING CODE 6731–AA–P UNFAVORABLE TO SHIPPING IN THE paragraph (g) and the first sentence of FOREIGN TRADE OF THE UNITED paragraph (h) to read as follows: STATES § 535.401 General requirements. DEPARTMENT OF COMMERCE ■ 21. The authority citation for part 550 * * * * * continues to read as follows: National Oceanic and Atmospheric (g) The filing fee is $3,529 for new Administration agreements and any agreement Authority: 5 U.S.C. 553; 46 U.S.C. 301– 307; sec. 19(a)(2), (e), (f), (g), (h), (i), (j), (k) modifications requiring Commission and (l) of the Merchant Marine Act, 1920, 46 50 CFR Part 622 review and action; $537 for agreements U.S.C. 42101 and 42104–42109; and sec. processed under delegated authority (for [Docket No. 160426363–7275–02] 10002 of the Foreign Shipping Practices Act types of agreements that can be of 1988, 46 U.S.C. 42301–42307. RIN 0648–XG523 processed under delegated authority, ■ 22. Revise the last sentence of see § 501.27(e) of this chapter); $303 for Coastal Migratory Pelagic Resources § 550.402 to read as follows: carrier exempt agreements; and $89 for of the Gulf of Mexico and Atlantic terminal exempt agreements. § 550.402 Filing of petitions. Region; 2018–2019 Commercial (h) The fee for a request for expedited * * * The petition must be Accountability Measure and Closure review of an agreement pursuant to accompanied by remittance of a $291 for King Mackerel in the Gulf of Mexico § 535.605 is $151. * * * filing fee. Western Zone PART 540—PASSENGER VESSEL AGENCY: National Marine Fisheries PART 555—ACTIONS TO ADDRESS FINANCIAL RESPONSIBILITY Service (NMFS), National Oceanic and ADVERSE CONDITIONS AFFECTING Atmospheric Administration (NOAA), U.S.-FLAG CARRIERS THAT DO NOT ■ 18. The authority citation for part 540 Commerce. EXIST FOR FOREIGN CARRIERS IN continues to read as follows: THE UNITED STATES ACTION: Temporary rule; closure. Authority: 5 U.S.C. 552, 553; 31 U.S.C. SUMMARY: NMFS implements an 9701; 46 U.S.C. 305, 44101–44106. ■ 23. The authority citation for part 555 continues to read as follows: accountability measure (AM) for ■ 19. Amend § 540.4 by revising commercial king mackerel in the Authority: 5 U.S.C. 553; sec. 10002 of the western zone of the Gulf of Mexico paragraph (e) to read as follows: Foreign Shipping Practices Act of 1988 (46 (Gulf) exclusive economic zone (EEZ) § 540.4 Procedure for establishing U.S.C. 42301–42307). through this temporary rule. NMFS has financial responsibility. ■ 24. Amend § 555.4 by revising the last determined that the commercial quota * * * * * sentence of paragraph (a) to read as for king mackerel in the western zone of (e) An application for a Certificate follows: the Gulf EEZ will be reached on October (Performance), excluding an application § 555.4 Petitions. 5, 2018. Therefore, NMFS closes the for the addition or substitution of a western zone of the Gulf EEZ to vessel to the applicant’s fleet, must be (a) * * * The petition must be commercial king mackerel fishing on accompanied by a filing fee remittance accompanied by remittance of a $291 October 5, 2018. This closure is of $3,272. An application for a filing fee. necessary to protect the Gulf king Certificate (Performance) for the * * * * * mackerel resource. addition or substitution of a vessel to DATES: The closure is effective at noon, the applicant’s fleet must be PART 560—ACTIONS TO ADDRESS CONDITIONS UNDULY IMPAIRING local time, on October 5, 2018, until accompanied by a filing fee remittance 12:01 a.m., local time, on July 1, 2019. of $1,652. Administrative changes, such ACCESS OF U.S.-FLAG VESSELS TO FOR FURTHER INFORMATION CONTACT: daltland on DSKBBV9HB2PROD with RULES as the renaming of a vessel will not OCEAN TRADE BETWEEN FOREIGN PORTS Susan Gerhart, NMFS Southeast incur any additional fees. Regional Office, telephone: 727–824– * * * * * ■ 25. The authority citation for part 560 5305, email: susan.gerhart@noaa.gov. ■ 20. Amend § 540.23 by revising the continues to read as follows: SUPPLEMENTARY INFORMATION: The last two sentences of paragraph (b) to Authority: 5 U.S.C. 553; secs. 13(b)(6), 15 fishery for coastal migratory pelagic fish read as follows: and 17 of the Shipping Act of 1984, 46 U.S.C. includes king mackerel, Spanish VerDate Sep<11>2014 16:12 Oct 04, 2018 Jkt 247001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\05OCR1.SGM 05OCR1

50296 Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Rules and Regulations mackerel, and cobia, and is managed (506,209 kg) for Gulf king mackerel in Act because the temporary rule is issued under the Fishery Management Plan for the western zone will be reached on without opportunity for prior notice and the Coastal Migratory Pelagic Resources October 5, 2018. Accordingly, the comment. of the Gulf of Mexico and Atlantic western zone is closed to commercial This action responds to the best Region (FMP). The FMP was prepared fishing for Gulf king mackerel effective scientific information available. The by the Gulf of Mexico and South at noon, local time, on October 5, 2018, Assistant Administrator for NOAA Atlantic Fishery Management Councils through June 30, 2019, the end of the Fisheries (AA) finds good cause to and is implemented by NMFS under the current fishing year. During the closure, a person on board waive the requirements to provide prior authority of the Magnuson-Stevens a vessel that has been issued a valid notice and opportunity for public Fishery Conservation and Management Act (Magnuson-Stevens Act) by Federal commercial or charter vessel/ comment pursuant to the authority set regulations at 50 CFR part 622. All headboat permit for coastal migratory forth at 5 U.S.C. 553(b)(B) as such weights for Gulf king mackerel below pelagic fish may continue to retain king procedures are unnecessary and apply as either round or gutted weight. mackerel in the western zone under the contrary to the public interest. Such On April 11, 2017, NMFS published recreational bag and possession limits procedures are unnecessary because the a final rule to implement Amendment specified in 50 CFR 622.382(a)(1)(ii) and rule implementing the commercial 26 to the FMP in the Federal Register (a)(2), as long as the recreational sector quota and the associated AM has (82 FR 17387). That final rule adjusted for Gulf king mackerel is open (50 CFR already been subject to notice and the management boundaries, zones, and 622.384(e)(1)). public comment, and all that remains is annual catch limits for Gulf migratory Also during the closure, king to notify the public of the closure. group king mackerel (Gulf king mackerel from the closed zone, Additionally, allowing prior notice and mackerel). The commercial quota for the including those harvested under the bag opportunity for public comment is Gulf king mackerel in the western zone and possession limits, may not be contrary to the public interest because is 1,116,000 lb (506,209 kg) for the purchased or sold. This prohibition of the need to immediately implement current fishing year, July 1, 2018, does not apply to king mackerel from this action to protect the king mackerel through June 30, 2019 (50 CFR the closed zone that were harvested, stock. The capacity of the fishing fleet 622.384(b)(1)(i)). landed ashore, and sold prior to the allows for rapid harvest of the The western zone of Gulf king closure and were held in cold storage by commercial quota. Prior notice and mackerel is located in the EEZ between a dealer or processor (50 CFR opportunity for public comment would a line extending east from the border of 622.384(e)(2)). require time and could potentially result the United States and Mexico, and in a harvest well in excess of the 87°31.1′ W. long., which is a line Classification established commercial quota. extending south from the state boundary The Regional Administrator for the For the aforementioned reasons, the of Alabama and Florida. The western NMFS Southeast Region has determined AA also finds good cause to waive the zone includes the EEZ off Texas, this temporary rule is necessary for the Louisiana, Mississippi, and Alabama. 30-day delay in the effectiveness of this conservation and management of Gulf Regulations at 50 CFR 622.388(a)(1)(i) action under 5 U.S.C. 553(d)(3). king mackerel and is consistent with the require NMFS to close the commercial Magnuson-Stevens Act and other Authority: 16 U.S.C. 1801 et seq. sector for Gulf king mackerel in the applicable laws. Dated: October 1, 2018. western zone when the commercial This action is taken under 50 CFR quota is reached, or is projected to be Margo B. Schulze-Haugen, 622.384(e) and 622.388(a)(1)(i), and is reached, by filing a notification to that exempt from review under Executive Acting Director, Office of Sustainable effect with the Office of the Federal Order 12866. Fisheries, National Marine Fisheries Service. Register. NMFS has determined the These measures are exempt from the [FR Doc. 2018–21659 Filed 10–1–18; 4:15 pm] commercial quota of 1,116,000 lb procedures of the Regulatory Flexibility BILLING CODE 3510–22–P daltland on DSKBBV9HB2PROD with RULES VerDate Sep<11>2014 16:12 Oct 04, 2018 Jkt 247001 PO 00000 Frm 00042 Fmt 4700 Sfmt 9990 E:\FR\FM\05OCR1.SGM 05OCR1


Document Created: 2018-10-05 01:52:57
Document Modified: 2018-10-05 01:52:57
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 noon, local time, on October 5, 2018, until 12:01 a.m., local time, on July 1, 2019.
ContactSusan Gerhart, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]
FR Citation83 FR 50295 
RIN Number0648-XG52
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