[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Rules and Regulations]
[Pages 23151-23152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10251]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 101206604-1758-02]
RIN 0648-XF414
Coastal Migratory Pelagic Resources of the Gulf of Mexico and
South Atlantic; 2016-2017 Commercial Accountability Measure and Closure
for King Mackerel in Western Zone of the Gulf of Mexico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
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SUMMARY: NMFS implements an accountability measure (AM) for commercial
king mackerel in the western zone of the Gulf of Mexico (Gulf)
exclusive economic zone (EEZ) through this temporary rule. NMFS has
determined that the commercial quota for king mackerel in the western
zone of the Gulf EEZ will be reached by May 21, 2017. Therefore, NMFS
closes the western zone of the Gulf EEZ to commercial king mackerel
fishing on May 21, 2017. This closure is necessary to protect the Gulf
king mackerel resource.
DATES: The closure is effective at 12:01 p.m., local time, May 21,
2017, until 12:01 a.m., local time, on July 1, 2017.
FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, NMFS Southeast
Regional Office, telephone: 727-824-5305, email:
[email protected].
SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic
fish includes king mackerel, Spanish mackerel, and cobia, and is
managed under the Fishery Management Plan for the Coastal Migratory
Pelagic Resources of the Gulf of Mexico and Atlantic Region (FMP). The
FMP was prepared by the Gulf of Mexico and South Atlantic Fishery
Management Councils and is implemented by NMFS under the authority of
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) by regulations at 50 CFR part 622. All weights for Gulf
king mackerel below apply as either round or gutted weight.
On October 14, 2016, NMFS closed the commercial sector for king
mackerel in the western zone, because the commercial harvest of king
mackerel in the July 1, 2016, through June 30, 2017, fishing year
reached the commercial quota that was in place at that time (81 FR
71410, October 17, 2016). The western zone of Gulf migratory group king
mackerel is located in the EEZ between a line extending east from the
border of the United States and Mexico, and 87[deg]31.1' W. long.,
which is a line extending south from the state boundary of Alabama and
Florida.
On April 11, 2017, NMFS published a final rule to implement
Amendment 26 to the FMP in the Federal Register (82 FR 17387). That
final rule adjusted the management boundaries, zones, and annual catch
limits for Gulf migratory group king mackerel (Gulf king mackerel) that
resulted in increased commercial quotas for each zone of the Gulf EEZ.
Consequently, NMFS reopened the western zone to commercial harvest of
king mackerel on May 11, 2017, to allow harvest up to the new
commercial quota for that zone of 1,180,000 lb (535,239 kg) (82 FR
21314, May 8, 2017).
Regulations at 50 CFR 622.388(a)(1)(i) require NMFS to close the
commercial sector for Gulf king mackerel in the western zone when the
commercial quota is reached, or is projected to be reached, by filing a
notification to that effect with the Office of the Federal Register.
NMFS has determined the commercial quota of 1,180,000 lb (535,239 kg)
for Gulf king mackerel in the western zone will be reached by May 21,
2017. Accordingly, the western zone is closed to commercial fishing for
Gulf king mackerel effective at 12:01 p.m., local time, May 21, 2017,
through June 30, 2017, the end of the current fishing year.
Except for a person aboard a charter vessel or headboat, during the
closure no person aboard a vessel that has been issued a Federal
commercial permit for king mackerel may fish for or retain Gulf king
mackerel in the EEZ in the closed zone (50 CFR 622.384(e)(1)). A person
aboard a vessel that has a valid Federal charter vessel/headboat permit
for coastal migratory pelagic fish may continue to retain king mackerel
in or from the closed zone under the recreational 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 CFR
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 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 for the NMFS Southeast Region 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 622.384(e) and 622.388(a)(1)(i),
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 NOAA Fisheries (AA) finds good cause to
waive the requirements to provide prior
[[Page 23152]]
notice and opportunity for public comment pursuant to the authority set
forth at 5 U.S.C. 553(b)(B) as such procedures are unnecessary and
contrary to the public interest. Such procedures are unnecessary
because the rule implementing the commercial quota and the associated
AM has already been subject to notice and public 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 interest because of the need to immediately implement this
action to protect the king mackerel stock, because the capacity of the
fishing fleet allows for rapid harvest of the commercial quota. Prior
notice and opportunity for public comment would require time and could
potentially result in a harvest well in excess of the established
commercial 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: May 16, 2017.
Margo B. Schulze-Haugen,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2017-10251 Filed 5-16-17; 4:15 pm]
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