83 FR 5571 - Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; Commercial Trip Limit Increase in the Atlantic Southern Zone
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 27 (February 8, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 27 (February 8, 2018)
| Page Range | 5571-5572 | |
| FR Document | 2018-02544 |
[Federal Register Volume 83, Number 27 (Thursday, February 8, 2018)] [Rules and Regulations] [Pages 5571-5572] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-02544] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 160426363-7275-02] RIN 0648-XG009 Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; Commercial Trip Limit Increase in the Atlantic Southern Zone AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; trip limit increase. ----------------------------------------------------------------------- SUMMARY: NMFS increases the commercial trip limit for king mackerel in or from Federal waters in an area off the Florida east coast between the border of Flagler and Volusia Counties and the border of Miami-Dade and Monroe Counties in the Atlantic southern zone to 75 fish per day. This commercial trip limit increase is necessary to maximize the socioeconomic benefits associated with harvesting the commercial quota of Atlantic migratory group king mackerel. DATES: This temporary rule is effective from 12:01 a.m., local time, February 5, 2018, through February 28, 2018. FOR FURTHER INFORMATION CONTACT: Frank Helies, NMFS Southeast Regional Office, telephone: 727-824-5305, 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 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 Atlantic migratory group king mackerel (Atlantic king mackerel). The commercial quota for Atlantic king mackerel in the southern zone is 4,540,640 lb (2,059,600 kg) for the current fishing year, March 1, 2017, through February 28, 2018 (50 CFR 622.384(b)(2)(ii)). The Atlantic king mackerel southern zone encompasses an area of Federal waters south of a line extending from the state border of North Carolina and South Carolina, as specified in 50 CFR 622.2, and north of a line extending due east from the border of Miami-Dade and Monroe Counties, Florida (50 CFR 622.369(a)(2)(ii)). From October 1 through January 31, the commercial trip limit for king mackerel in or from the southern zone that may be possessed on board or landed from a federally permitted vessel is 50 fish per day (50 CFR 622.385(a)(2)(i)(A)). However, if NMFS determines that less than 70 percent of the Atlantic southern zone commercial quota has been harvested by February 1, then during the month of February, the commercial trip limit for king mackerel in or from a specified area of the southern zone that may be possessed on board or landed from a federally permitted vessel is increased to 75 fish per day (50 CFR 622.385(a)(1)(ii)(D)). The area of the southern zone in which the commercial trip limit increase applies is in Federal waters south of 29[deg]25' N lat., which is a line that extends due east from the border of Flagler and Volusia Counties, Florida, and north of 25[deg]20'24'' N lat., which is [[Page 5572]] a line that extends due east from the border of Miami-Dade and Monroe Counties, Florida. NMFS has determined that less than 70 percent of the commercial quota for Atlantic king mackerel in the southern zone was harvested by February 1, 2018. Accordingly, a 75-fish commercial trip limit applies to vessels fishing for king mackerel in or from Federal waters south of 29[deg]25' N lat. and north of 25[deg]20'24'' N lat. off the east coast of Florida in the Atlantic southern zone effective at 12:01 a.m., local time, February 5, 2018. The 75-fish trip limit will remain in effect through February 28, 2018, or until the commercial quota is reached and the southern zone closes. On March 1, 2018, the new fishing year begins and a commercial trip limit of 50 fish will again be in effect for this area. Classification The Regional Administrator for the NMFS Southeast Region has determined this temporary rule is necessary for the conservation and management of Atlantic king mackerel and is consistent with the Magnuson-Stevens Act and other applicable laws. This action is taken under 50 CFR 622.385(a)(1)(ii)(D) 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 that the need to immediately implement this commercial trip limit increase constitutes good cause to waive the requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth in 5 U.S.C. 553(b)(B), because prior notice and opportunity for public comment on this temporary rule is unnecessary and contrary to the public interest. Such procedures are unnecessary because the rule establishing the commercial trip limits has already been subject to notice and comment, and all that remains is to notify the public of the trip limit increase. Such procedures are contrary to the public interest, because prior notice and opportunity for public comment would require time and delay the fishers' ability to catch more king mackerel to harvest the commercial quota and achieve optimum yield, and would prevent fishers from reaping the socioeconomic benefits associated with this increased commercial trip limit. For the aforementioned reasons, the AA also finds good cause to waive the 30-day delay in effectiveness of this action, pursuant to 5 U.S.C. 553(d)(3). Authority: 16 U.S.C. 1801 et seq. Dated: February 5, 2018. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-02544 Filed 2-5-18; 4:15 pm] BILLING CODE 3510-22-P
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(f) Issuance of an LOA shall be based (ii) Results from other marine FOR FURTHER INFORMATION CONTACT:
on a determination that the level of mammal and sound research or studies; Frank Helies, NMFS Southeast Regional
taking shall be consistent with the or Office, telephone: 727–824–5305, email:
findings made for the total taking (iii) Any information that reveals frank.helies@noaa.gov.
allowable under these regulations. marine mammals may have been taken SUPPLEMENTARY INFORMATION: The
(g) Notice of issuance or denial of an in a manner, extent or number not fishery for coastal migratory pelagic fish
LOA shall be published in the Federal authorized by these regulations or includes king mackerel, Spanish
Register within 30 days of a subsequent LOAs. mackerel, and cobia, and is managed
determination. (3) If, through adaptive management, under the Fishery Management Plan for
the modifications to the mitigation, the Coastal Migratory Pelagic Resources
§ 218.67 Renewals and modifications of
Letters of Authorization.
monitoring, or reporting measures are of the Gulf of Mexico and Atlantic
substantial, NMFS will publish a notice Region (FMP). The FMP was prepared
(a) An LOA issued under § 216.106 of of proposed LOA in the Federal
this chapter and § 218.66 for the activity by the Gulf of Mexico and South
Register and solicit public comment. Atlantic Fishery Management Councils
identified in § 218.60(a) shall be (4) Emergencies—If NMFS determines
renewed or modified upon request by and is implemented by NMFS under the
that an emergency exists that poses a authority of the Magnuson-Stevens
the applicant, provided that: significant risk to the well-being of the
(1) The specified activity and Fishery Conservation and Management
species or stocks of marine mammals Act (Magnuson-Stevens Act) by
mitigation, monitoring, and reporting
specified under LOAs issued pursuant regulations at 50 CFR part 622. All
measures, as well as the anticipated
to § 216.106 of this chapter and weights for Atlantic king mackerel
impacts, are the same as those described
§ 218.60, an LOA may be modified below apply as either round or gutted
and analyzed for these regulations
without prior notice or opportunity for weight.
(excluding changes made pursuant to
public comment. Notice would be On April 11, 2017, NMFS published
the adaptive management provision in
published in the Federal Register a final rule to implement Amendment
paragraph (c)(1) of this section); and
within 30 days of the action. 26 to the FMP in the Federal Register
(2) NMFS determines that the
mitigation, monitoring, and reporting §§ 218.68–218.69 [Reserved]
(82 FR 17387). That final rule adjusted
measures required by the previous LOA the management boundaries, zones, and
[FR Doc. 2018–02511 Filed 2–7–18; 8:45 am]
under these regulations were annual catch limits for Atlantic
BILLING CODE 3510–22–P migratory group king mackerel (Atlantic
implemented.
(b) For an LOA modification or king mackerel). The commercial quota
renewal request by the applicant that for Atlantic king mackerel in the
DEPARTMENT OF COMMERCE
includes changes to the activity or the southern zone is 4,540,640 lb (2,059,600
mitigation, monitoring, or reporting National Oceanic and Atmospheric kg) for the current fishing year, March
(excluding changes made pursuant to Administration 1, 2017, through February 28, 2018 (50
the adaptive management provision in CFR 622.384(b)(2)(ii)).
paragraph (c)(1) of this section) that do 50 CFR Part 622 The Atlantic king mackerel southern
not change the findings made for the zone encompasses an area of Federal
regulations or result in no more than a [Docket No. 160426363–7275–02] waters south of a line extending from
minor change in the total estimated the state border of North Carolina and
RIN 0648–XG009
number of authorized takes (or South Carolina, as specified in 50 CFR
distribution by species or years), NMFS Coastal Migratory Pelagic Resources 622.2, and north of a line extending due
may publish a notice of proposed LOA of the Gulf of Mexico and Atlantic east from the border of Miami-Dade and
in the Federal Register, including the Region; Commercial Trip Limit Monroe Counties, Florida (50 CFR
associated analysis illustrating the Increase in the Atlantic Southern Zone 622.369(a)(2)(ii)). From October 1
change, and solicit public comment through January 31, the commercial trip
before issuing the LOA. AGENCY: National Marine Fisheries limit for king mackerel in or from the
(c) An LOA issued under § 216.106 of Service (NMFS), National Oceanic and southern zone that may be possessed on
this chapter and § 218.66 for the activity Atmospheric Administration (NOAA), board or landed from a federally
identified in § 218.60(a) may be Commerce. permitted vessel is 50 fish per day (50
modified by NMFS under the following ACTION: Temporary rule; trip limit CFR 622.385(a)(2)(i)(A)).
circumstances: increase. However, if NMFS determines that
(1) Adaptive Management—NMFS less than 70 percent of the Atlantic
may modify (including augment) the SUMMARY: NMFS increases the southern zone commercial quota has
existing mitigation, monitoring, or commercial trip limit for king mackerel been harvested by February 1, then
reporting measures (after consulting in or from Federal waters in an area off during the month of February, the
with Eglin AFB regarding the the Florida east coast between the commercial trip limit for king mackerel
practicability of the modifications) if border of Flagler and Volusia Counties in or from a specified area of the
doing so creates a reasonable likelihood and the border of Miami-Dade and southern zone that may be possessed on
of more effectively accomplishing the Monroe Counties in the Atlantic board or landed from a federally
goals of the mitigation and monitoring southern zone to 75 fish per day. This permitted vessel is increased to 75 fish
set forth in the preamble for these commercial trip limit increase is per day (50 CFR 622.385(a)(1)(ii)(D)).
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regulations; necessary to maximize the The area of the southern zone in which
(2) Possible sources of data that could socioeconomic benefits associated with the commercial trip limit increase
contribute to the decision to modify the harvesting the commercial quota of applies is in Federal waters south of
mitigation, monitoring, or reporting Atlantic migratory group king mackerel. 29°25′ N lat., which is a line that
measures in an LOA are: DATES: This temporary rule is effective extends due east from the border of
(i) Results from Eglin AFB’s annual from 12:01 a.m., local time, February 5, Flagler and Volusia Counties, Florida,
monitoring reports; 2018, through February 28, 2018. and north of 25°20′24″ N lat., which is
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a line that extends due east from the Atlantic king mackerel and is consistent rule establishing the commercial trip
border of Miami-Dade and Monroe with the Magnuson-Stevens Act and limits has already been subject to notice
Counties, Florida. other applicable laws. and comment, and all that remains is to
NMFS has determined that less than This action is taken under 50 CFR notify the public of the trip limit
70 percent of the commercial quota for 622.385(a)(1)(ii)(D) and is exempt from increase. Such procedures are contrary
Atlantic king mackerel in the southern review under Executive Order 12866. to the public interest, because prior
zone was harvested by February 1, 2018. notice and opportunity for public
These measures are exempt from the
Accordingly, a 75-fish commercial trip comment would require time and delay
procedures of the Regulatory Flexibility
limit applies to vessels fishing for king the fishers’ ability to catch more king
Act because the temporary rule is issued
mackerel in or from Federal waters mackerel to harvest the commercial
without opportunity for prior notice and
south of 29°25′ N lat. and north of quota and achieve optimum yield, and
comment.
25°20′24″ N lat. off the east coast of would prevent fishers from reaping the
Florida in the Atlantic southern zone This action responds to the best
socioeconomic benefits associated with
effective at 12:01 a.m., local time, scientific information available. The
this increased commercial trip limit.
February 5, 2018. The 75-fish trip limit Assistant Administrator for NOAA
Fisheries (AA) finds that the need to For the aforementioned reasons, the
will remain in effect through February
immediately implement this AA also finds good cause to waive the
28, 2018, or until the commercial quota
is reached and the southern zone closes. commercial trip limit increase 30-day delay in effectiveness of this
On March 1, 2018, the new fishing year constitutes good cause to waive the action, pursuant to 5 U.S.C. 553(d)(3).
begins and a commercial trip limit of 50 requirements to provide prior notice Authority: 16 U.S.C. 1801 et seq.
fish will again be in effect for this area. and opportunity for public comment
Dated: February 5, 2018.
pursuant to the authority set forth in 5
Classification U.S.C. 553(b)(B), because prior notice Alan D. Risenhoover,
The Regional Administrator for the and opportunity for public comment on Director, Office of Sustainable Fisheries,
NMFS Southeast Region has determined this temporary rule is unnecessary and National Marine Fisheries Service.
this temporary rule is necessary for the contrary to the public interest. Such [FR Doc. 2018–02544 Filed 2–5–18; 4:15 pm]
conservation and management of procedures are unnecessary because the BILLING CODE 3510–22–P
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Document Created: 2018-02-08 00:16:16
Document Modified: 2018-02-08 00:16:16
| 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 increase. | |
| Dates | This temporary rule is effective from 12:01 a.m., local time, February 5, 2018, through February 28, 2018. | |
| Contact | Frank Helies, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 83 FR 5571 | |
| RIN Number | 0648-XG00 |
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