[Federal Register Volume 78, Number 184 (Monday, September 23, 2013)]
[Rules and Regulations]
[Pages 58248-58249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23070]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 001005281-0369-02]
RIN 0648-XC868
Coastal Migratory Pelagic Resources of the Gulf of Mexico and
South Atlantic; 2013-2014 Accountability Measure and Closure for Gulf
King Mackerel in Western Zone
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
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SUMMARY: NMFS implements an accountability measure (AM) for commercial
king mackerel in the western zone of the Gulf of Mexico (Gulf)
exclusive economic zone (EEZ) through this temporary final rule. NMFS
has determined that the commercial annual catch limit (ACL) (equal to
the commercial quota) for king mackerel in the western zone of the Gulf
EEZ will have been reached by September 20, 2013. Therefore, NMFS
closes the western zone of the Gulf to commercial king mackerel fishing
in the EEZ. This closure is necessary to protect the Gulf king mackerel
resource.
DATES: The closure is effective noon, local time, September 20, 2013,
until 12:01 a.m., local time, on July 1, 2014.
FOR FURTHER INFORMATION CONTACT: Susan Gerhart, 727-824-5305, 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.
The commercial ACL (commercial quota) for the Gulf migratory group
king mackerel in the western zone is 1,071,360 lb (485,961 kg) (76 FR
82058, December 29, 2011), for the current fishing year, July 1, 2013,
through June 30, 2014.
Regulations at 50 CFR 622.388(a)(1) require NMFS to close the
commercial sector for Gulf migratory group king mackerel in the western
zone when the ACL (quota) is reached, or is projected to be reached, by
filing a notification to that effect with the Office of the Federal
Register. Based on the best scientific information available, NMFS has
determined the commercial ACL (commercial quota) of 1,071,360 lb
(485,961 kg) for Gulf migratory group king mackerel in the western zone
will be reached by September 20, 2013. Accordingly, the western zone is
closed to commercial fishing for Gulf group king mackerel effective
noon, local time, September 20, 2013, through June 30, 2014, the end of
the fishing year. The Gulf group king mackerel western zone begins at
the United States/Mexico border (near Brownsville, Texas) and continues
to the boundary between the eastern and western zones at 87[deg]31.1'
W. long., which is a line directly south from the Alabama/Florida
boundary.
Except for a person aboard a charter vessel or headboat, during the
closure, no person aboard a vessel for which a commercial permit for
king mackerel has been issued may fish for or retain Gulf group king
mackerel in the EEZ in the closed zone (50 CFR 622.384(e)(1)). A person
aboard a vessel that has a valid charter vessel/headboat permit for
coastal migratory pelagic fish may continue to retain king mackerel in
or from the closed zones or subzones under the bag and possession
limits set forth in 50 CFR 622.382(a)(1)(ii) and (a)(2), provided the
vessel is operating as a charter vessel or headboat (50 CFR
622.384(e)(2)). A charter vessel or headboat that also has a commercial
king mackerel permit is considered to be operating as a charter vessel
or headboat when it carries a passenger who pays a fee or when there
are more than three persons aboard, including operator and crew.
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 trade in 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)(3)).
Classification
This action responds to the best scientific information available.
The Assistant Administrator for Fisheries, NOAA (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 prior notice and opportunity for public comment is
unnecessary and contrary to the public interest. Such procedures would
be unnecessary because the rule implementing the commercial ACL
(commercial quota) and the associated requirement for closure of the
commercial harvest when the ACL (quota) is reached or projected to be
reached has already been subject to notice and 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
immediately implement this action to protect the king mackerel stock
because the capacity of the fishing fleet allows for rapid harvest of
the quota. Prior notice and opportunity for public comment would
require time and would 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
[[Page 58249]]
30-day delay in the effectiveness of this action under 5 U.S.C.
553(d)(3).
This action is taken under 50 CFR 622.384(e)(3) and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 18, 2013.
Emily H. Menashes,
Deputy Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2013-23070 Filed 9-18-13; 4:15 pm]
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