83 FR 55975 - Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; Reopening of the Commercial Sector for King Mackerel in the Gulf of Mexico Western Zone
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 218 (November 9, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 218 (November 9, 2018)
| Page Range | 55975-55976 | |
| FR Document | 2018-24589 |
[Federal Register Volume 83, Number 218 (Friday, November 9, 2018)] [Rules and Regulations] [Pages 55975-55976] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-24589] [[Page 55975]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 160426363-7275-02] RIN 0648-XG595 Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; Reopening of the Commercial Sector 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; reopening. ----------------------------------------------------------------------- SUMMARY: NMFS reopens the commercial sector for king mackerel in the western zone of the Gulf of Mexico (Gulf) exclusive economic zone (EEZ) through this temporary rule. The most recent commercial landings data for king mackerel in the Gulf western zone indicate the commercial quota for the 2018-2019 fishing year has not yet been reached. Therefore, NMFS reopens the commercial sector for king mackerel in the Gulf western zone for 7 days to allow the commercial quota to be caught. DATES: This temporary rule is effective at 12:01 a.m., local time, on November 12, 2018, until 12:01 a.m., local time, on November 19, 2018. FOR FURTHER INFORMATION CONTACT: Lauren Waters, NMFS Southeast Regional Office, telephone: 727-824-5305, email: lauren.waters@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 of the following weights for king mackerel apply as either round or gutted weight. The commercial quota for Gulf migratory group king mackerel (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 international 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 previously projected that the commercial quota of 1,116,000 lb (506,209 kg) for Gulf king mackerel in the western zone would be reached on October 5, 2018. Accordingly, NMFS published a temporary rule to close the western zone 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 (83 FR 50295, October 5, 2018). However, a recent landings update indicates that the commercial quota for king mackerel in the Gulf western zone was not reached on October 5, 2018. Approximately 8,500 lb (3,856 kg) of the commercial quota remain, and NMFS projects that this amount will be harvested in 7 days. For the reasons stated above, and in accordance with 50 CFR 622.8(c), NMFS temporarily reopens the commercial sector for king mackerel in the Gulf western zone beginning at 12:01 a.m., local time, on November 12, 2018. The commercial sector will close 7 days later at 12:01 a.m., local time, on November 19, 2018, and remain closed until July 1, 2019, the start of the next fishing year. NMFS has determined that reopening the Gulf western zone will allow additional opportunities to harvest the commercial quota of king mackerel in that zone. During the closure beginning at 12:01 a.m., local time, on November 19, 2018, 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 622.8(c) 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 regulations at 50 CFR 622.8(c) have already been subject to notice and public comment, and all that remains is to notify the public that additional harvest is available under the established commercial quota, and therefore, the commercial sector for king mackerel in the western zone of the Gulf EEZ will reopen. Prior notice and an opportunity to comment is contrary to the public interest, because NMFS previously determined the commercial quota for king mackerel in the western zone of the Gulf EEZ would be reached and, therefore, closed the commercial sector for king mackerel in this zone. However, following a recent landings update the commercial quota for king mackerel in the Gulf western zone was not reached on October 5, 2018, and therefore, additional commercial quota of king mackerel in the Gulf western zone is available for harvest during the 2018-2019 fishing year. Reopening quickly is expected to help achieve optimum yield by making additional king mackerel available to consumers and resulting in revenue increases to commercial vessels. For the aforementioned reasons, the AA also finds good cause to waive the [[Page 55976]] 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: November 6, 2018. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-24589 Filed 11-6-18; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Rules and Regulations 55975
DEPARTMENT OF COMMERCE The western zone of Gulf king does not apply to king mackerel from
mackerel is located in the EEZ between the closed zone that were harvested,
National Oceanic and Atmospheric a line extending east from the landed ashore, and sold prior to the
Administration international border of the United States closure and were held in cold storage by
and Mexico, and 87°31.1′ W long., a dealer or processor (50 CFR
50 CFR Part 622 which is a line extending south from the 622.384(e)(2)).
state boundary of Alabama and Florida.
[Docket No. 160426363–7275–02]
The western zone includes the EEZ off Classification
RIN 0648–XG595 Texas, Louisiana, Mississippi, and The Regional Administrator for the
Alabama. NMFS Southeast Region has determined
Coastal Migratory Pelagic Resources Regulations at 50 CFR 622.388(a)(1)(i) this temporary rule is necessary for the
of the Gulf of Mexico and Atlantic require NMFS to close the commercial conservation and management of Gulf
Region; Reopening of the Commercial sector for Gulf king mackerel in the king mackerel and is consistent with the
Sector for King Mackerel in the Gulf of western zone when the commercial Magnuson-Stevens Act and other
Mexico Western Zone quota is reached, or is projected to be applicable laws.
reached, by filing a notification to that
AGENCY: National Marine Fisheries effect with the Office of the Federal This action is taken under 50 CFR
Service (NMFS), National Oceanic and Register. NMFS previously projected 622.8(c) and is exempt from review
Atmospheric Administration (NOAA), that the commercial quota of 1,116,000 under Executive Order 12866.
Commerce. lb (506,209 kg) for Gulf king mackerel in These measures are exempt from the
ACTION: Temporary rule; reopening. the western zone would be reached on procedures of the Regulatory Flexibility
October 5, 2018. Accordingly, NMFS Act because the temporary rule is issued
SUMMARY: NMFS reopens the published a temporary rule to close the without opportunity for prior notice and
commercial sector for king mackerel in western zone to commercial fishing for comment.
the western zone of the Gulf of Mexico Gulf king mackerel effective at noon, This action responds to the best
(Gulf) exclusive economic zone (EEZ) local time, on October 5, 2018, through scientific information available. The
through this temporary rule. The most June 30, 2019, the end of the current Assistant Administrator for NOAA
recent commercial landings data for fishing year (83 FR 50295, October 5, Fisheries (AA) finds good cause to
king mackerel in the Gulf western zone 2018). However, a recent landings waive the requirements to provide prior
indicate the commercial quota for the update indicates that the commercial notice and opportunity for public
2018–2019 fishing year has not yet been quota for king mackerel in the Gulf comment pursuant to the authority set
reached. Therefore, NMFS reopens the western zone was not reached on forth at 5 U.S.C. 553(b)(B) as such
commercial sector for king mackerel in October 5, 2018. Approximately 8,500 lb procedures are unnecessary and
the Gulf western zone for 7 days to (3,856 kg) of the commercial quota contrary to the public interest. Such
allow the commercial quota to be remain, and NMFS projects that this procedures are unnecessary because the
caught. amount will be harvested in 7 days. regulations at 50 CFR 622.8(c) have
DATES: This temporary rule is effective For the reasons stated above, and in already been subject to notice and
at 12:01 a.m., local time, on November accordance with 50 CFR 622.8(c), NMFS public comment, and all that remains is
12, 2018, until 12:01 a.m., local time, on temporarily reopens the commercial to notify the public that additional
November 19, 2018. sector for king mackerel in the Gulf harvest is available under the
western zone beginning at 12:01 a.m., established commercial quota, and
FOR FURTHER INFORMATION CONTACT: local time, on November 12, 2018. The
Lauren Waters, NMFS Southeast therefore, the commercial sector for king
commercial sector will close 7 days later mackerel in the western zone of the Gulf
Regional Office, telephone: 727–824– at 12:01 a.m., local time, on November
5305, email: lauren.waters@noaa.gov. EEZ will reopen.
19, 2018, and remain closed until July
SUPPLEMENTARY INFORMATION: The 1, 2019, the start of the next fishing Prior notice and an opportunity to
fishery for coastal migratory pelagic fish year. NMFS has determined that comment is contrary to the public
includes king mackerel, Spanish reopening the Gulf western zone will interest, because NMFS previously
mackerel, and cobia, and is managed allow additional opportunities to determined the commercial quota for
under the Fishery Management Plan for harvest the commercial quota of king king mackerel in the western zone of the
the Coastal Migratory Pelagic Resources mackerel in that zone. Gulf EEZ would be reached and,
of the Gulf of Mexico and Atlantic During the closure beginning at 12:01 therefore, closed the commercial sector
Region (FMP). The FMP was prepared a.m., local time, on November 19, 2018, for king mackerel in this zone. However,
by the Gulf of Mexico and South a person on board a vessel that has been following a recent landings update the
Atlantic Fishery Management Councils issued a valid Federal commercial or commercial quota for king mackerel in
and is implemented by NMFS under the charter vessel/headboat permit for the Gulf western zone was not reached
authority of the Magnuson-Stevens coastal migratory pelagic fish may on October 5, 2018, and therefore,
Fishery Conservation and Management continue to retain king mackerel in the additional commercial quota of king
Act (Magnuson-Stevens Act) by western zone under the recreational bag mackerel in the Gulf western zone is
regulations at 50 CFR part 622. All of and possession limits specified in 50 available for harvest during the 2018–
the following weights for king mackerel CFR 622.382(a)(1)(ii) and (a)(2), as long 2019 fishing year. Reopening quickly is
khammond on DSK30JT082PROD with RULES
apply as either round or gutted weight. as the recreational sector for Gulf king expected to help achieve optimum yield
The commercial quota for Gulf mackerel is open (50 CFR 622.384(e)(1)). by making additional king mackerel
migratory group king mackerel (Gulf Also during the closure, king available to consumers and resulting in
king mackerel) in the western zone is mackerel from the closed zone, revenue increases to commercial
1,116,000 lb (506,209 kg) for the current including those harvested under the bag vessels.
fishing year, July 1, 2018, through June and possession limits, may not be For the aforementioned reasons, the
30, 2019 (50 CFR 622.384(b)(1)(i)). purchased or sold. This prohibition AA also finds good cause to waive the
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![55976 Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Rules and Regulations
30-day delay in the effectiveness of this Dated: November 6, 2018.
action under 5 U.S.C. 553(d)(3). Alan D. Risenhoover,
Authority: 16 U.S.C. 1801 et seq. Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2018–24589 Filed 11–6–18; 4:15 pm]
BILLING CODE 3510–22–P
khammond on DSK30JT082PROD with RULES
VerDate Sep<11>2014 16:00 Nov 08, 2018 Jkt 247001 PO 00000 Frm 00046 Fmt 4700 Sfmt 9990 E:\FR\FM\09NOR1.SGM 09NOR1](https://thefederalregister.org/doc/83_FR_56193/page/2.svg)
Document Created: 2018-11-09 03:33:43
Document Modified: 2018-11-09 03:33:43
| 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; reopening. | |
| Dates | This temporary rule is effective at 12:01 a.m., local time, on November 12, 2018, until 12:01 a.m., local time, on November 19, 2018. | |
| Contact | Lauren Waters, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 83 FR 55975 | |
| RIN Number | 0648-XG59 |
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