83 FR 7636 - Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; 2017-2018 Commercial Hook-and-Line Closure for King Mackerel in the Gulf of Mexico Southern Zone
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 36 (February 22, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 36 (February 22, 2018)
| Page Range | 7636-7637 | |
| FR Document | 2018-03651 |
[Federal Register Volume 83, Number 36 (Thursday, February 22, 2018)] [Rules and Regulations] [Pages 7636-7637] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-03651] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 160426363-7275-02] RIN 0648-XG034 Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; 2017-2018 Commercial Hook-and-Line Closure for King Mackerel in the Gulf of Mexico Southern Zone AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- SUMMARY: NMFS implements an accountability measure (AM) to close the hook-and-line component of the commercial sector for king mackerel in the Gulf of Mexico (Gulf) southern zone. This closure is necessary to protect the Gulf king mackerel resource. DATES: This temporary rule is effective from 12:01 a.m., local time, February 20, 2018, through June 30, 2018. FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, 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 Gulf migratory group king mackerel (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 king mackerel. King mackerel in the Gulf is divided into western, northern, and southern zones, which have separate commercial quotas. [[Page 7637]] The southern zone for Gulf king mackerel encompasses an area of the exclusive economic zone (EEZ) south of a line extending due west from the boundary of Lee and Collier Counties on the Florida west coast, and south of a line extending due east from the boundary of Monroe and Miami-Dade Counties on the Florida east coast, which includes the EEZ off Collier and Monroe Counties in south Florida (50 CFR 622.369(a)(1)(iii)). The commercial quota for the hook-and-line component of the commercial sector in the southern zone is 596,400 lb (270,522 kg) for the current fishing year, July 1, 2017, through June 30, 2018 (50 CFR 622.384(b)(1)(iii)(A)). Under 50 CFR 622.8(b) and 622.388(a)(1), NMFS is required to close any component of the king mackerel commercial sector when its quota has been reached, or is projected to be reached, by filing a notification at the Office of the Federal Register. NMFS has determined the commercial quota for the hook-and-line component of the commercial sector for Gulf king mackerel in the southern zone will be reached by February 20, 2018. Accordingly, the hook-and-line component of the commercial sector for Gulf migratory group king mackerel in the southern zone is closed effective at 12:01 a.m., local time, February 20, 2018, through the end of the fishing year on June 30, 2018. During the commercial hook-and-line closure in the southern zone, no person aboard a vessel for which a valid commercial permit for king mackerel has been issued may harvest or possess Gulf migratory group king mackerel in or from Federal waters of the closed zone, as specified in 50 CFR 622.384(e), unless a valid Federal commercial gillnet permit for king mackerel has been issued to the vessel and the gillnet fishery is open. There is one other exception. A person aboard a vessel that has a valid Federal charter vessel/headboat permit and also has a commercial king mackerel permit for coastal migratory pelagic fish may continue to retain king mackerel in or from the closed zone under the 3-fish daily recreational bag limit, provided the vessel is operating as a charter vessel or headboat, and as long as the recreational sector for Gulf king mackerel is open. Charter vessels or headboats that have a valid commercial king mackerel permit are considered to be operating as a charter vessel or headboat when they carry a passenger who pays a fee or when more than three persons are aboard, including operator and crew. Also during the closure, king mackerel caught with hook-and-line gear 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 caught with hook-and-line gear 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(b) and 622.388(a)(1), 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 on this temporary rule pursuant to the authority set forth in 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 effectiveness of the action under 5 U.S.C. 553(d)(3). Authority: 16 U.S.C. 1801 et seq. Dated: February 16, 2018. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-03651 Filed 2-16-18; 4:15 pm] BILLING CODE 3510-22-P
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(a) Notwithstanding any other provision of (7) No automatic renewals. If any license (End of clause)
this agreement, when the end user is an or service tied to periodic payment is
[FR Doc. 2018–03350 Filed 2–21–18; 8:45 am]
agency or instrumentality of the U.S. provided under this agreement (e.g., annual
Government, the following shall apply: software maintenance or annual lease term), BILLING CODE 6820–61–P
(1) Applicability. This agreement is part of such license or service shall not renew
a contract between the commercial supplier automatically upon expiration of its current
and the U.S. Government for the acquisition term without prior express consent by an DEPARTMENT OF COMMERCE
of the supply or service that necessitates a authorized Government representative.
license or other similar legal instrument (8) Indemnification. Any clause of this National Oceanic and Atmospheric
(including all contracts, task orders, and
agreement requiring the commercial supplier Administration
delivery orders under FAR Parts 13, 14 or
15). or licensor to defend or indemnify the end
(2) End user. This agreement shall bind the user is hereby amended to provide that the 50 CFR Part 622
ordering activity as end user but shall not U.S. Department of Justice has the sole right
to represent the United States in any such [Docket No. 160426363–7275–02]
operate to bind a Government employee or
person acting on behalf of the Government in action, in accordance with 28 U.S.C. 516. RIN 0648–XG034
his or her personal capacity. (9) Audits. Any clause of this agreement
(3) Law and disputes. This agreement is permitting the commercial supplier or Coastal Migratory Pelagic Resources
governed by Federal law. licensor to audit the end user’s compliance of the Gulf of Mexico and Atlantic
(i) Any language purporting to subject the with this agreement is hereby amended as Region; 2017–2018 Commercial Hook-
U.S. Government to the laws of a U.S. state, follows: and-Line Closure for King Mackerel in
U.S. territory, district, or municipality, or (i) Discrepancies found in an audit may
foreign nation, except where Federal law
the Gulf of Mexico Southern Zone
result in a charge by the commercial supplier
expressly provides for the application of such or licensor to the ordering activity. Any AGENCY: National Marine Fisheries
laws, is hereby deleted. resulting invoice must comply with the Service (NMFS), National Oceanic and
(ii) Any language requiring dispute proper invoicing requirements specified in Atmospheric Administration (NOAA),
resolution in a specific forum or venue that the underlying Government contract or order.
is different from that prescribed by Commerce.
(ii) This charge, if disputed by the ordering
applicable Federal law is hereby deleted. ACTION: Temporary rule; closure.
activity, will be resolved through the
(iii) Any language prescribing a different Disputes clause at FAR 52.233–1; no
time period for bringing an action than that SUMMARY: NMFS implements an
payment obligation shall arise on the part of accountability measure (AM) to close
prescribed by applicable Federal law in
the ordering activity until the conclusion of
relation to a dispute is hereby deleted. the hook-and-line component of the
(4) Continued performance. The supplier the dispute process.
(iii) Any audit requested by the contractor
commercial sector for king mackerel in
or licensor shall not unilaterally revoke, the Gulf of Mexico (Gulf) southern zone.
terminate or suspend any rights granted to will be performed at the contractor’s expense,
without reimbursement by the Government. This closure is necessary to protect the
the Government except as allowed by this
(10) Taxes or surcharges. Any taxes or Gulf king mackerel resource.
contract. If the supplier or licensor believes
the ordering activity to be in breach of the surcharges which the commercial supplier or DATES: This temporary rule is effective
agreement, it shall pursue its rights under the licensor seeks to pass along to the from 12:01 a.m., local time, February 20,
Contract Disputes Act or other applicable Government as end user will be governed by 2018, through June 30, 2018.
Federal statute while continuing performance the terms of the underlying Government FOR FURTHER INFORMATION CONTACT:
as set forth in FAR 52.233–1, Disputes. contract or order and, in any event, must be Kelli O’Donnell, NMFS Southeast
(5) Arbitration; equitable or injunctive submitted to the Contracting Officer for a
Regional Office, telephone: 727–824–
relief. In the event of a claim or dispute determination of applicability prior to
arising under or relating to this agreement, a invoicing unless specifically agreed to 5305, email: kelli.odonnell@noaa.gov.
binding arbitration shall not be used unless otherwise in the Government contract. SUPPLEMENTARY INFORMATION: The
specifically authorized by agency guidance, (11) Non-assignment. This agreement may fishery for coastal migratory pelagic fish
and equitable or injunctive relief, including not be assigned, nor may any rights or includes king mackerel, Spanish
the award of attorney fees, costs or interest, obligations thereunder be delegated, without mackerel, and cobia, and is managed
may be awarded against the U.S. Government the Government’s prior approval, except as under the Fishery Management Plan for
only when explicitly provided by statute expressly permitted under the clause at FAR the Coastal Migratory Pelagic Resources
(e.g., Prompt Payment Act or Equal Access to 52.232–23, Assignment of Claims.
Justice Act).
of the Gulf of Mexico and Atlantic
(12) Confidential information. If this Region (FMP). The FMP was prepared
(6) Updating terms. (i) After award, the agreement includes a confidentiality clause,
contractor may unilaterally revise terms if by the Gulf of Mexico and South
such clause is hereby amended to state that
they are not material. A material change is neither the agreement nor the contract price
Atlantic Fishery Management Councils
defined as: list, as applicable, shall be deemed and is implemented by NMFS under the
(A) Terms that significantly change ‘‘confidential information.’’ Issues regarding authority of the Magnuson-Stevens
Government rights or obligations; and Fishery Conservation and Management
release of ‘‘unit pricing’’ will be resolved
(B) Terms that increase Government prices; Act (Magnuson-Stevens Act) by
consistent with the Freedom of Information
(C) Terms that decrease overall level of
service; or
Act. Notwithstanding anything in this regulations at 50 CFR part 622. All
(D) Terms that limit any other Government agreement to the contrary, the Government weights for Gulf migratory group king
right addressed elsewhere in this contract. may retain any confidential information as mackerel (Gulf king mackerel) below
(ii) For revisions that will materially required by law, regulation or its internal apply as either round or gutted weight.
change the terms of the contract, the revised document retention procedures for legal, On April 11, 2017, NMFS published
commercial supplier agreement must be regulatory or compliance purposes; provided, a final rule to implement Amendment
incorporated into the contract using a however, that all such retained confidential 26 to the FMP in the Federal Register
bilateral modification. information will continue to be subject to the
(82 FR 17387). That final rule adjusted
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(iii) Any agreement terms or conditions confidentiality obligations of this agreement.
(b) If any language, provision or clause of the management boundaries, zones, and
unilaterally revised subsequent to award that
are inconsistent with any material term or this agreement conflicts or is inconsistent annual catch limits for Gulf king
provision of this contract shall not be with the preceding paragraph (a), the mackerel. King mackerel in the Gulf is
enforceable against the Government, and the language, provisions, or clause of paragraph divided into western, northern, and
Government shall not be deemed to have (a) shall prevail to the extent of such southern zones, which have separate
consented to them. inconsistency. commercial quotas.
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The southern zone for Gulf king gillnet permit for king mackerel has These measures are exempt from the
mackerel encompasses an area of the been issued to the vessel and the gillnet procedures of the Regulatory Flexibility
exclusive economic zone (EEZ) south of fishery is open. There is one other Act because the temporary rule is issued
a line extending due west from the exception. A person aboard a vessel that without opportunity for prior notice and
boundary of Lee and Collier Counties on has a valid Federal charter vessel/ comment.
the Florida west coast, and south of a headboat permit and also has a This action responds to the best
line extending due east from the commercial king mackerel permit for scientific information available. The
boundary of Monroe and Miami-Dade coastal migratory pelagic fish may Assistant Administrator for NOAA
Counties on the Florida east coast, continue to retain king mackerel in or Fisheries (AA) finds good cause to
which includes the EEZ off Collier and from the closed zone under the 3-fish waive the requirements to provide prior
Monroe Counties in south Florida (50 daily recreational bag limit, provided notice and opportunity for public
CFR 622.369(a)(1)(iii)). the vessel is operating as a charter comment on this temporary rule
The commercial quota for the hook- vessel or headboat, and as long as the pursuant to the authority set forth in 5
and-line component of the commercial recreational sector for Gulf king U.S.C. 553(b)(B), as such procedures are
sector in the southern zone is 596,400 mackerel is open. Charter vessels or unnecessary and contrary to the public
lb (270,522 kg) for the current fishing headboats that have a valid commercial interest. Such procedures are
year, July 1, 2017, through June 30, 2018 king mackerel permit are considered to unnecessary because the rule
(50 CFR 622.384(b)(1)(iii)(A)). be operating as a charter vessel or implementing the commercial quota and
Under 50 CFR 622.8(b) and headboat when they carry a passenger the associated AM has already been
622.388(a)(1), NMFS is required to close who pays a fee or when more than three subject to notice and public comment,
any component of the king mackerel persons are aboard, including operator and all that remains is to notify the
commercial sector when its quota has and crew. public of the closure. Additionally,
Also during the closure, king
been reached, or is projected to be allowing prior notice and opportunity
mackerel caught with hook-and-line
reached, by filing a notification at the for public comment is contrary to the
gear from the closed zone, including
Office of the Federal Register. NMFS has public interest because of the need to
those harvested under the bag and
determined the commercial quota for implement immediately this action to
possession limits, may not be purchased
the hook-and-line component of the protect the king mackerel stock, because
or sold. This prohibition does not apply
commercial sector for Gulf king the capacity of the fishing fleet allows
to king mackerel caught with hook-and-
mackerel in the southern zone will be for rapid harvest of the commercial
line gear from the closed zone that were
reached by February 20, 2018. harvested, landed ashore, and sold prior quota. Prior notice and opportunity for
Accordingly, the hook-and-line to the closure and were held in cold public comment would require time and
component of the commercial sector for storage by a dealer or processor (50 CFR could potentially result in a harvest well
Gulf migratory group king mackerel in 622.384(e)(2)). in excess of the established commercial
the southern zone is closed effective at quota.
12:01 a.m., local time, February 20, Classification For the aforementioned reasons, the
2018, through the end of the fishing year The Regional Administrator for the AA also finds good cause to waive the
on June 30, 2018. NMFS Southeast Region has determined 30-day delay in effectiveness of the
During the commercial hook-and-line this temporary rule is necessary for the action under 5 U.S.C. 553(d)(3).
closure in the southern zone, no person conservation and management of Gulf Authority: 16 U.S.C. 1801 et seq.
aboard a vessel for which a valid king mackerel and is consistent with the
commercial permit for king mackerel Magnuson-Stevens Act and other Dated: February 16, 2018.
has been issued may harvest or possess applicable laws. Emily H. Menashes,
Gulf migratory group king mackerel in This action is taken under 50 CFR Acting Director, Office of Sustainable
or from Federal waters of the closed 622.8(b) and 622.388(a)(1), and is Fisheries, National Marine Fisheries Service.
zone, as specified in 50 CFR 622.384(e), exempt from review under Executive [FR Doc. 2018–03651 Filed 2–16–18; 4:15 pm]
unless a valid Federal commercial Order 12866. BILLING CODE 3510–22–P
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Document Created: 2018-02-22 02:50:48
Document Modified: 2018-02-22 02:50:48
| 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; closure. | |
| Dates | This temporary rule is effective from 12:01 a.m., local time, February 20, 2018, through June 30, 2018. | |
| Contact | Kelli O'Donnell, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 83 FR 7636 | |
| RIN Number | 0648-XG03 |
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