[Federal Register Volume 82, Number 214 (Tuesday, November 7, 2017)]
[Rules and Regulations]
[Pages 51577-51578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24220]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 140722613-4908-02]
RIN 0648-XF765
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic
Region; Commercial Closure for Spanish Mackerel
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
Spanish mackerel in the northern zone of the Atlantic exclusive
economic zone (EEZ) through this temporary rule. NMFS has determined
that the revised commercial quota for Spanish mackerel in the northern
zone of the Atlantic EEZ will be reached by November 7, 2017.
Therefore, NMFS closes the northern zone of the Atlantic EEZ to
commercial harvest of Spanish mackerel on November 7, 2017. This
closure is necessary to protect the Spanish mackerel resource in the
Atlantic.
DATES: The closure is effective at 12:01 a.m., local time, November 7,
2017, until 12:01 a.m., local time, March 1, 2018.
FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional
Office, telephone: 727-824-5305, or 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 described
for Spanish mackerel in the Atlantic EEZ apply as either round or
gutted weight.
On November 20, 2014, NMFS published a final rule in the Federal
Register to implement Framework Amendment 1 to the FMP (79 FR 69058).
That final rule implemented a commercial annual catch limit (equal to
the commercial quota) of 3.33 million lb (1.51 million kg) for the
Atlantic migratory group of Spanish mackerel (Atlantic Spanish
mackerel). Atlantic Spanish mackerel are divided into northern and
southern zones for management purposes. The northern zone commercial
quota for Atlantic Spanish mackerel is 662,670 lb (300,582 kg) for the
current fishing year, March 1, 2017, through February 28, 2018 (50 CFR
622.384(c)(2)(i)).
Regulations at 50 CFR 622.384(c)(2)(iii) allow for quota transfers
between the northern and southern zones with the approval from the
Regional Administrator (RA) of the NMFS Southeast Region. North
Carolina or Florida, in consultation with the other states in the
respective zones, may request approval from the RA to transfer part or
all of a respective zone's annual commercial quota to the other zone.
For the purposes of quota closures as described in 50 CFR 622.8, the
receiving zone's quota will be the original quota plus any transferred
amount, for that fishing year only. Landings associated with any
transferred quota will be included in the total landings for the
Atlantic migratory group, which will be evaluated relative to the total
ACL.
In a letter dated October 30, 2017, the State of Florida requested
the transfer of 100,000 lb (45,359 kg) of Atlantic Spanish mackerel
commercial quota from the southern zone to the northern zone to allow
the commercial quota for both zones to be fully harvested. NMFS
approved the transfer of commercial quota, and therefore, the revised
northern zone commercial quota for Spanish mackerel is 762,670 lb
(345,941 kg) and the revised southern zone commercial quota is
2,567,330 lb (1,164,521 kg) in the current fishing year, March 1, 2017,
through February 28, 2018.
The northern zone for Atlantic Spanish mackerel extends in Federal
waters off New York, New Jersey, Delaware, Maryland, Virginia, and
North Carolina. The northern boundary of the northern zone extends from
an intersection point off New York,
[[Page 51578]]
Connecticut, and Rhode Island at 41[deg]18'16.249'' N. lat.,
71[deg]54'28.477'' W. long. and proceeds southeast to 37[deg]22'32.75''
N. lat. and the intersection point with the outward boundary of the
EEZ. The southern boundary of the northern zone extends from the North
Carolina and South Carolina state border, along a line extending in a
direction of 135[deg]34'55'' from true north beginning at
33[deg]51'07.9'' N. lat., 78[deg]32'32.6'' W. long. to the intersection
point with the outward boundary of the EEZ.
Regulations at 50 CFR 622.388(d)(1)(i) require NMFS to close the
commercial sector for Atlantic Spanish mackerel in the northern 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 revised commercial quota of 762,670
lb (345,941 kg) for Atlantic Spanish mackerel in the northern zone will
be reached by November 7, 2017. Accordingly, the commercial sector for
Atlantic Spanish mackerel in the northern zone is closed effective at
12:01 a.m., local time, November 7, 2017, through February 28, 2018,
the end of the current fishing year.
During the commercial closure, a person on board a vessel that has
been issued a valid Federal permit to harvest Atlantic Spanish mackerel
may continue to retain this species in the northern zone under the
recreational bag and possession limits specified in 50 CFR
622.382(a)(1)(iii) and (a)(2), as long as the recreational sector for
Atlantic Spanish mackerel is open (50 CFR 622.384(e)(1)).
Also during the closure, Atlantic Spanish 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
Atlantic Spanish 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)(2)).
Classification
The RA for the NMFS Southeast Region has determined this temporary
rule is necessary for the conservation and management of Atlantic
Spanish mackerel and is consistent with the Magnuson-Stevens Act and
other applicable laws.
This action is taken under 50 CFR 622.8, 622.384(e), and
622.388(d)(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 opportunity for 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 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 Atlantic Spanish
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 effectiveness of this action under 5 U.S.C.
553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: November 2, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2017-24220 Filed 11-2-17; 4:15 pm]
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