[Federal Register Volume 78, Number 187 (Thursday, September 26, 2013)]
[Rules and Regulations]
[Pages 59287-59288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23476]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 001005281-0369-02]
RIN 0648-XC885
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 trip limit for the commercial sector of king
mackerel in the eastern zone of the Gulf of Mexico (Gulf) in the
northern Florida west coast subzone to 500 lb (227 kg) of king mackerel
per day in or from the exclusive economic zone (EEZ). This trip limit
reduction is necessary to protect the Gulf king mackerel resource.
DATES: This rule is effective noon, local time, September 25, 2013,
through June 30, 2014, unless changed by further notice in the Federal
Register.
FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 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.
On April 27, 2000, NMFS implemented the final rule (65 FR 16336,
March 28, 2000) that divided the king mackerel Gulf migratory group's
Florida west coast subzone of the Gulf eastern zone into northern and
southern subzones, and established their separate quotas. The quota for
the northern Florida west coast subzone is 178,848 lb (81,124 kg) (50
CFR 622.384(b)(1)(i)(B)(2).
The regulations at 50 CFR 622.385(a)(2)(ii)(B)(2), provide that
when 75 percent of the northern Florida west coast subzone's quota has
been harvested until a closure of the subzone has been effected or the
fishing year ends, king mackerel in or from the EEZ may be possessed on
board or landed from a permitted vessel in amounts not exceeding 500 lb
(227 kg) per day.
NMFS has projected that 75 percent of the quota for Gulf group king
mackerel from the northern Florida west coast subzone has been reached.
Accordingly, a 500-lb (227-kg) trip limit applies to vessels with a
commercial permit for king mackerel that possess or land king mackerel
in or from the EEZ in the northern Florida west coast subzone effective
noon, local time, September 25, 2013. The 500-lb (227-kg) trip limit
will remain in effect until the fishery closes or until the end of the
current fishing year (June 30, 2014), whichever occurs first.
The Florida west coast subzone is that part of the eastern zone
located south and west of 25[deg]20.4' N. lat. (a line directly east
from the Miami-Dade/Monroe County, FL boundary) along the west coast of
Florida to 87[deg]31.1' W. long. (a line directly south from the
Alabama/Florida boundary). The Florida west coast subzone is further
divided into northern and southern subzones. The northern subzone is
that part of the Florida west coast subzone
[[Page 59288]]
that is between 26[deg]19.8' N. lat. (a line directly west from the
Lee/Collier County, FL boundary) and 87[deg]31.1' W. long. (a line
directly south from the Alabama/Florida boundary).
Classification
This action responds to the best available information recently
obtained from the fishery. The Assistant Administrator for Fisheries,
NOAA, (AA), finds that the need to immediately implement this trip
limit reduction for the commercial sector constitutes good cause to
waive the requirements 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 procedures would be unnecessary and contrary to the
public interest. Such procedures would be 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 reduction.
Allowing prior notice and opportunity for public comment is
contrary to the public interest because the capacity of the fishing
fleet allows for rapid harvest of the quota. Prior notice and
opportunity for public comment could result in a harvest well in excess
of the established quota. Immediate implementation of this action is
needed to protect the fishery.
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).
This action is taken under 50 CFR 622.43(a) and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 23, 2013.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2013-23476 Filed 9-23-13; 4:15 pm]
BILLING CODE 3510-22-P