[Federal Register Volume 79, Number 208 (Tuesday, October 28, 2014)]
[Rules and Regulations]
[Pages 64127-64128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25600]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 101206604-1758-02]
RIN 0648-XD586
Coastal Migratory Pelagic Resources of the Gulf of Mexico and
South Atlantic; 2014-2015 Accountability Measure and Closure for Gulf
King Mackerel in the Florida West Coast Northern Subzone
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS implements an accountability measure (AM) for commercial
king mackerel in the Florida west coast northern subzone of the eastern
zone of the Gulf of Mexico (Gulf) in the U.S. exclusive economic zone
(EEZ) through this temporary final rule. NMFS has determined that the
quota for king mackerel in the Florida west coast northern subzone of
the Gulf EEZ will have been reached by October 27, 2014. Therefore,
NMFS closes the Florida west coast northern subzone to commercial king
mackerel fishing in the EEZ on October 27, 2014, to protect the Gulf
king mackerel resource.
DATES: The closure is effective noon, local time, October 27, 2014,
until 12:01 a.m., local time, on July 1, 2015.
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 Coastal Migratory Pelagic Resources in the
Gulf of Mexico and Atlantic Region (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 Gulf migratory group king mackerel is divided into western and
eastern zones. The Gulf's eastern zone for king mackerel is further
divided into the Florida west coast northern and southern subzones that
have separate quotas. The December 29, 2011 (76 FR 82058), final rule
specified the quota for the Florida west coast northern subzone at
178,848 lb (81,124 kg) (50 CFR 622.384(b)(1)(i)(B)(2)).
Because 75 percent of the Florida west coast northern subzone's
quota had been harvested, NMFS published a temporary rule on October
14, 2014, to reduce the trip limit for the commercial sector of king
mackerel in the Florida west coast northern subzone to 500 lb (227 kg)
of king mackerel per day in or from the EEZ (79 FR 61585).
Regulations at 50 CFR 622.388(a)(1) and 50 CFR 622.384(e) require
NMFS to close the commercial sector for Gulf migratory group king
mackerel in the Florida west coast northern subzone when the 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
quota of 178,848 lb (81,124 kg) for Gulf migratory group king mackerel
in the Florida west coast northern subzone will be reached by October
27, 2014. Accordingly, the northern Florida west coast subzone is
closed effective noon, local time, October 27, 2014, through June 30,
2015, the end of the fishing year, to commercial fishing for Gulf
migratory group king mackerel.
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 subzone (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 subzone 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. 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 subzone,
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 zones or subzones 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)).
The Florida west coast northern subzone is that part of the EEZ
between 26[deg]19.8' N. latitude (a line directly west from the
boundary between Lee and Collier Counties, FL) and 87[deg]31.1' W.
longitude (a line directly south from the state boundary of Alabama and
Florida).
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
Gulf migratory group king mackerel and is consistent with the Magnuson-
Stevens Act and other applicable laws.
This action is taken under 50 CFR 622.388(a)(1) and 50 CFR
622.384(e) 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 that the
need to immediately implement this action to close the Florida west
coast northern subzone of the Gulf eastern zone to commercial king
mackerel fishing constitutes 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) because prior notice and
opportunity for public comment is unnecessary and contrary to the
public interest. Prior notice and public comment is unnecessary because
the rule implementing the commercial quota and the associated
requirement for closure of the commercial harvest when the 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
[[Page 64128]]
interest because of the need to immediately implement this action to
protect the king mackerel resource 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 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 22, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2014-25600 Filed 10-23-14; 4:15 pm]
BILLING CODE 3510-22-P