[Federal Register Volume 79, Number 20 (Thursday, January 30, 2014)]
[Rules and Regulations]
[Pages 4823-4824]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01838]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 101206604-1758-02]
RIN 0648-XD100


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; in-season 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, 2014, 
through March 31, 2014, unless changed by further notification in the 
Federal Register.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727-824-
5305, email: Susan.Gerhart@noaa.gov.

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 1,102,896 lb (500,265 kg) for Gulf 
migratory group king mackerel in the Florida east coast subzone of the 
eastern zone (50 CFR 622.384(b)(1)(i)(A)), for the current fishing 
year, July 1, 2013, through June 30, 2014. From November 1 through 
March 31, the Florida east coast subzone encompasses an area of the EEZ 
south of a line extending due east of the Flagler/Volusia County, FL, 
boundary, and north of a line extending due east of the Miami-Dade/
Monroe County, FL, boundary.
    In accordance with 50 CFR 622.385(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, 2014. 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, 2014. The 75-fish 
trip limit will remain in effect until the subzone closes or until the 
end of the current fishing year (March 31, 2014) for this subzone.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is

[[Page 4824]]

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 622.385(a)(2)(i)(B)(2) 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 establishing the trip 
limits 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 27, 2014.
Sean F. Corson,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2014-01838 Filed 1-27-14; 11:15 am]
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