[Federal Register Volume 78, Number 210 (Wednesday, October 30, 2013)]
[Rules and Regulations]
[Pages 64888-64889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25695]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 001005281-0369-02]
RIN 0648-XC928
Coastal Migratory Pelagic Resources of the Gulf of Mexico and
South Atlantic; Reopening of the Commercial Harvest of Gulf King
Mackerel in Western Zone
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; reopening.
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SUMMARY: NMFS reopens the 2013-2014 commercial sector for king mackerel
in the western zone of the Gulf of Mexico (Gulf) exclusive economic
zone (EEZ). NMFS previously projected that the commercial annual catch
limit (ACL) (equal to the commercial quota) for king mackerel in the
western zone of the Gulf EEZ would be reached by September 20, 2013,
and closed the western zone of the Gulf to commercial king mackerel
fishing in the EEZ at noon, local time, September 20, 2013, until 12:01
a.m., local time, on July 1, 2014. However, updated landings estimates
indicate the commercial ACL (commercial quota) for king mackerel in the
western zone of the Gulf EEZ has not been reached at this time.
Therefore, NMFS is reopening the western zone of the Gulf to commercial
king mackerel fishing in the EEZ at 12:01 a.m., local time, on November
1, 2013, until 12:01 a.m., local time, on November 3, 2013. The
intended effect of this temporary rule is to maximize harvest benefits
for the commercial sector for Gulf king mackerel in the western zone.
DATES: The reopening is effective 12:01 a.m., local time, November 1,
2013, until 12:01 a.m., local time, on November 3, 2013.
FOR FURTHER INFORMATION CONTACT: Steve Branstetter, 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 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.
NMFS projected that the commercial annual catch limit (ACL) (equal
to the commercial quota) for king mackerel in the western zone of the
Gulf EEZ would be reached on September 20, 2013, and published a
temporary rule to close the western zone of the Gulf to commercial king
mackerel fishing in the EEZ (78 FR 58248). However, since that closure,
the Science and Research Director has received additional landings data
and has determined that the commercial ACL (commercial quota) was not
harvested prior to September 20, 2013. Therefore, in accordance with 50
CFR 622.8(c), NMFS is reopening the western zone of the Gulf to
commercial king mackerel fishing in the EEZ at 12:01 a.m., local time,
on November 1, 2013, until 12:01 a.m., local time, on November 3, 2013.
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.
After the commercial sector closes, no person aboard a vessel for
which a commercial permit for king mackerel has been issued, except for
a person aboard a charter vessel or headboat, may fish for or retain
Gulf group king mackerel in the EEZ in the closed zone (50 CFR
622.384(e)(1)). During the closure, 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 CER 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
The Regional Administrator, Southeast Region, NMFS, 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(c) 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 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 are
unnecessary because NMFS previously determined the commercial ACL
(commercial quota) for king mackerel in the western zone of the Gulf
EEZ would be reached by September 20, 2013, and therefore, closed the
commercial sector for king mackerel in the western zone of the Gulf EEZ
at noon, local time, on September 20, 2013. However, updated landings
estimates indicate the commercial ACL (commercial quota) for king
mackerel in the western zone of the Gulf EEZ has not been reached at
this time, and therefore additional harvest is available in order to
achieve optimum yield. All that remains is to notify the public that
additional harvest is available under the established commercial ACL
(commercial quota) and, therefore, the commercial sector for king
mackerel in the western zone of the Gulf EEZ will reopen.
Prior notice and an opportunity to comment is contrary to the
public interest because king mackerel is a migratory species, making
the harvest of the commercial ACL (commercial quota) for the western
zone of the Gulf EEZ time-sensitive. Reopening quickly will likely make
additional king mackerel available to consumers and result in revenue
increases to commercial vessels.
For the aforementioned reasons, the AA also finds good cause to
waive the
[[Page 64889]]
30-day delay in the effectiveness of this action under 5 U.S.C.
553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: October 24, 2013.
Kelly Denit,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-25695 Filed 10-25-13; 11:15 am]
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