[Federal Register Volume 80, Number 34 (Friday, February 20, 2015)]
[Rules and Regulations]
[Page 9230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-03532]
[[Page 9230]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 101206604-1758-02]
RIN 0648-XD779
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.
-----------------------------------------------------------------------
SUMMARY: NMFS reduces the trip limit for the commercial sector of
Atlantic migratory group Spanish mackerel in the southern zone to 1,500
lb (680 kg) of Spanish mackerel per day in or from the exclusive
economic zone (EEZ). This trip limit reduction is necessary to protect
the Spanish mackerel resource.
DATES: The rule is effective 6 a.m., local time, February 20, 2015,
until 12:01 a.m., local time, March 1, 2015, unless changed by
subsequent notification in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727-824-
5305, or 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.
Framework Amendment 1 to the FMP (79 FR 69058, November 20, 2014)
increased the commercial annual catch limit (equal to the commercial
quota) to 3.33 million lb (1.51 million kg) for the Atlantic migratory
group of Spanish mackerel. The Atlantic EEZ is divided into a northern
and southern zone for management purposes of Atlantic migratory group
Spanish mackerel. The southern zone for Atlantic migratory group
Spanish mackerel extends from 30[deg]42'45.6'' N. lat., which is a line
directly east from the Georgia/Florida boundary, to 25[deg]20.4' N.
lat., which is a line directly east from the Miami-Dade/Monroe County,
Florida, boundary. The northern and southern zones will have their own
quotas as of March 1, 2015, the beginning of the next fishing year,
with implementation of Amendment 20B to the FMP (80 FR 4216, January,
27, 2015).
For the southern zone, seasonally variable trip limits are based on
an adjusted commercial quota of 3.08 million lb (1.40 million kg). The
adjusted commercial quota is calculated to allow continued harvest in
the southern zone at a set rate for the remainder of the current
fishing year, February 28, 2015, in accordance with 50 CFR
622.385(b)(2). As specified at 50 CFR 622.385(b)(1)(ii)(B), beginning
December 1, annually, the trip limit is unlimited on weekdays and
limited to 1,500 lb (680 kg) of Spanish mackerel per day on weekends.
As specified at 50 CFR 622.385(b)(1)(ii)(C), after 75 percent of the
adjusted commercial quota of Atlantic migratory group Spanish mackerel
is taken until 100 percent of the adjusted commercial quota is taken,
Spanish mackerel in or from the EEZ in the southern zone may not be
possessed on board or landed from a permitted vessel in amounts
exceeding 1,500 lb (680 kg) per day.
NMFS has determined that 75 percent of the adjusted commercial
quota for Atlantic group Spanish mackerel has been harvested.
Accordingly, the 1,500-lb (680-kg) per day commercial trip limit
applies to Spanish mackerel in or from the EEZ in the southern zone
effective 6 a.m., local time, February 20, 2015, until 12:01 a.m.,
local time, March 1, 2015, unless changed by subsequent notification in
the Federal Register.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
Atlantic migratory group Spanish mackerel and is consistent with the
Magnuson-Stevens Act and other applicable laws.
This action is taken under 50 CFR 622.385(b)(1)(ii)(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.
Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for
Fisheries, NOAA, (AA), finds good cause to waive the requirements to
provide prior notice and the opportunity for public comment on this
temporary rule. Such procedures are unnecessary because the rule itself
has already 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 of the need to immediately
implement this action to protect the Atlantic migratory group Spanish
mackerel resource because the capacity of the commercial fleet allows
for rapid harvest of the quota. Prior notice and opportunity for public
comment would require time and could 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 effectiveness of this action under 5 U.S.C.
553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: February 17, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2015-03532 Filed 2-17-15; 4:15 pm]
BILLING CODE 3510-22-P