[Federal Register Volume 78, Number 4 (Monday, January 7, 2013)]
[Rules and Regulations]
[Pages 907-908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-58]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 101206604-1758-02]
RIN 0648-XC427
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South
Atlantic; Trip Limit Reduction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; trip limit reduction.
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SUMMARY: NMFS reduces the commercial trip limit of Atlantic migratory
group Spanish mackerel in or from the exclusive economic zone (EEZ) in
the Atlantic migratory group southern zone to 1,500 lb (680 kg), round
weight, per day. This trip limit reduction is necessary to maximize the
socioeconomic benefits of the quota.
DATES: Effective 6 a.m., local time, January 6, 2013, until 12:01 a.m.,
local time, March 1, 2013, unless changed by subsequent notification in
the Federal Register.
FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727-824-
5305, or email: [email protected].
SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic
fish (king mackerel, Spanish mackerel, and cobia) is managed under the
Fishery Management Plan for the Coastal Migratory Pelagic Resources of
the Gulf of Mexico and South Atlantic (FMP). The FMP was prepared by
the Gulf of Mexico and South Atlantic Fishery Management Councils
(Councils) and is implemented under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act)
by regulations at 50 CFR part 622.
Amendment 18 to the FMP (76 FR 82058, December 29, 2011)
implemented a commercial annual catch limit (equal to the commercial
quota) of 3.13 million lb (1.42 million kg) for the Atlantic migratory
group of Spanish mackerel. Atlantic migratory group Spanish mackerel
are divided into a northern and southern zone for management purposes.
The southern zone for Atlantic migratory group Spanish mackerel extends
from 30[deg]42'45.6'' N. lat., which is a line directly east from the
Georgia/Florida boundary, to 25[deg]20.4' N. lat., which is a line
directly east from the Miami-Dade/Monroe County, Florida, boundary.
For the southern zone, seasonally variable trip limits are based on
an adjusted commercial quota of 2.88 million lb (1.31 million 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, February 28, 2013, in accordance with 50 CFR
622.44(b)(2). Beginning December 1, annually, the trip limit is
unlimited on weekdays and limited to 1,500 lb (680 kg) of Spanish
mackerel per day on weekends. After 75 percent of the adjusted
commercial quota of Atlantic migratory group Spanish mackerel is taken
until 100 percent of the adjusted commercial quota is taken, Spanish
mackerel in or from the EEZ in the southern zone may not be possessed
on board 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 group Spanish mackerel has been taken. Accordingly,
the 1,500 lb (680 kg) per day commercial trip limit applies to Spanish
mackerel in or from the EEZ in the southern zone effective 6 a.m.,
local time, January 6, 2013, until 12:01 a.m., local time, March 1,
2013, unless changed by subsequent notification in the Federal
Register.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
Atlantic migratory group Spanish mackerel and is consistent with the
Magnuson-Stevens Act and other applicable laws.
This action is taken under 50 CFR 622.43(a) and is exempt from
review under Executive Order 12866.
[[Page 908]]
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.
Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for
Fisheries, NOAA, (AA), finds good cause to waive the requirements to
provide prior notice and the opportunity for public comment on this
temporary rule. Such procedures are unnecessary because the rule itself
has already been subject to notice and comment, and all that remains is
to notify the public of the trip limit reduction.
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 Atlantic migratory group Spanish
mackerel resource because the capacity of the commercial fleet allows
for rapid harvest of the quota. Prior notice and opportunity for public
comment would require time and could potentially result in a harvest
well in excess of the established 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 2, 2013.
Emily H. Menashes,
Deputy Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2013-58 Filed 1-2-13; 4:15 pm]
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