[Federal Register Volume 78, Number 22 (Friday, February 1, 2013)]
[Rules and Regulations]
[Pages 7279-7280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02192]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 001206604-1758-02]
RIN 0648-XC474
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South
Atlantic; Trip Limit Increase
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason trip limit increase.
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SUMMARY: NMFS increases the trip limit in the commercial sector for
king mackerel in the Florida east coast subzone to 75 fish per day in
or from the exclusive economic zone (EEZ). This trip limit increase is
necessary to maximize the socioeconomic benefits of the quota.
DATES: This rule is effective 12:01 a.m., local time, February 1, 2013,
through March 31, 2013, unless changed by further notification in the
Federal Register.
FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727-824-
5305, fax: 727-824-5308, 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.
On January 30, 2012 (76 FR 82058, December 29, 2011), NMFS
implemented a commercial quota of 1,215,228 lb (551,218 kg) for Gulf
migratory group king mackerel in the Florida east coast subzone of the
eastern zone (50 CFR 622.42(c)(1)(i)(A)(1)), for the current fishing
year, July 1, 2012, through June 30, 2013. From November 1 through
March 31 annually, the Florida east coast subzone of the Gulf group
king mackerel is that part of the eastern zone north of 25[deg]20.4' N.
lat. (a line directly east from the Miami-Dade/Monroe County, FL,
boundary).
In accordance with 50 CFR 622.44(a)(2)(i)(B)(2), beginning on
February 1, if less than 75 percent of the Florida east coast subzone
king mackerel commercial quota has been harvested by that date, king
mackerel in or from that subzone may be possessed on board or landed
from a permitted vessel in amounts not exceeding 75 fish per day. NMFS
has determined that 75 percent of the quota for Gulf group king
mackerel in the Florida east coast subzone will not be reached before
February 1, 2013. Accordingly, a 75-fish trip limit applies to vessels
fishing for king mackerel in or from the EEZ in the Florida east coast
subzone effective 12:01 a.m., local time, February 1, 2013.
[[Page 7280]]
The 75-fish trip limit will remain in effect until the subzone closes
or until the end of the current fishing year (March 31, 2013) for this
subzone.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
Gulf group king 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.
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 available information recently
obtained from the fishery. The Assistant Administrator for Fisheries,
NOAA, (AA) finds good cause to waive the requirement to provide prior
notice and opportunity for public comment pursuant to the authority set
forth in 5 U.S.C. 553(b)(B), as such prior notice and opportunity for
public comment is unnecessary and contrary to the public interest. Such
procedures are unnecessary because the rule itself already has been
subject to notice and comment, and all that remains is to notify the
public of the trip limit increase. Allowing prior notice and
opportunity for public comment for this trip limit increase is contrary
to the public interest because it requires time, thus delaying
fishermen's ability to catch more king mackerel than the present trip
limit allows and preventing fishermen from reaping the socioeconomic
benefits derived from this increase in daily catch.
As this action allows fishermen to increase their harvest of king
mackerel from 50 fish to 75 fish per day in or from the EEZ of the
Florida east coast subzone, the AA finds it relieves a restriction and
may go into effect without a 30-day delay in effectiveness, pursuant to
5 U.S.C. 553(d)(1).
Authority: 16 U.S.C. 1801 et seq.
Dated: January 29, 2013.
Kara Meckley,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-02192 Filed 1-29-13; 4:15 pm]
BILLING CODE 3510-22-P