[Federal Register Volume 83, Number 218 (Friday, November 9, 2018)]
[Rules and Regulations]
[Pages 55975-55976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24589]
[[Page 55975]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 160426363-7275-02]
RIN 0648-XG595
Coastal Migratory Pelagic Resources of the Gulf of Mexico and
Atlantic Region; Reopening of the Commercial Sector for King Mackerel
in the Gulf of Mexico Western Zone
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; reopening.
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SUMMARY: NMFS reopens the commercial sector for king mackerel in the
western zone of the Gulf of Mexico (Gulf) exclusive economic zone (EEZ)
through this temporary rule. The most recent commercial landings data
for king mackerel in the Gulf western zone indicate the commercial
quota for the 2018-2019 fishing year has not yet been reached.
Therefore, NMFS reopens the commercial sector for king mackerel in the
Gulf western zone for 7 days to allow the commercial quota to be
caught.
DATES: This temporary rule is effective at 12:01 a.m., local time, on
November 12, 2018, until 12:01 a.m., local time, on November 19, 2018.
FOR FURTHER INFORMATION CONTACT: Lauren Waters, 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 of the following
weights for king mackerel apply as either round or gutted weight.
The commercial quota for Gulf migratory group king mackerel (Gulf
king mackerel) in the western zone is 1,116,000 lb (506,209 kg) for the
current fishing year, July 1, 2018, through June 30, 2019 (50 CFR
622.384(b)(1)(i)).
The western zone of Gulf king mackerel is located in the EEZ
between a line extending east from the international 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. The
western zone includes the EEZ off Texas, Louisiana, Mississippi, and
Alabama.
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 previously projected that the commercial quota of 1,116,000 lb
(506,209 kg) for Gulf king mackerel in the western zone would be
reached on October 5, 2018. Accordingly, NMFS published a temporary
rule to close the western zone to commercial fishing for Gulf king
mackerel effective at noon, local time, on October 5, 2018, through
June 30, 2019, the end of the current fishing year (83 FR 50295,
October 5, 2018). However, a recent landings update indicates that the
commercial quota for king mackerel in the Gulf western zone was not
reached on October 5, 2018. Approximately 8,500 lb (3,856 kg) of the
commercial quota remain, and NMFS projects that this amount will be
harvested in 7 days.
For the reasons stated above, and in accordance with 50 CFR
622.8(c), NMFS temporarily reopens the commercial sector for king
mackerel in the Gulf western zone beginning at 12:01 a.m., local time,
on November 12, 2018. The commercial sector will close 7 days later at
12:01 a.m., local time, on November 19, 2018, and remain closed until
July 1, 2019, the start of the next fishing year. NMFS has determined
that reopening the Gulf western zone will allow additional
opportunities to harvest the commercial quota of king mackerel in that
zone.
During the closure beginning at 12:01 a.m., local time, on November
19, 2018, a person on board a vessel that has been issued a valid
Federal commercial or charter vessel/headboat permit for coastal
migratory pelagic fish may continue to retain king mackerel in the
western zone under the recreational bag and possession limits specified
in 50 CFR 622.382(a)(1)(ii) and (a)(2), as long as the recreational
sector for Gulf king mackerel is open (50 CFR 622.384(e)(1)).
Also 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)(2)).
Classification
The Regional Administrator for the NMFS Southeast Region has
determined this temporary rule is necessary for the conservation and
management of Gulf king mackerel and is consistent with the Magnuson-
Stevens Act and other applicable laws.
This action is taken under 50 CFR 622.8(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.
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 regulations at 50
CFR 622.8(c) have already been subject to notice and public comment,
and all that remains is to notify the public that additional harvest is
available under the established commercial quota, and therefore, the
commercial sector for king mackerel in the western zone of the Gulf EEZ
will reopen.
Prior notice and an opportunity to comment is contrary to the
public interest, because NMFS previously determined the commercial
quota for king mackerel in the western zone of the Gulf EEZ would be
reached and, therefore, closed the commercial sector for king mackerel
in this zone. However, following a recent landings update the
commercial quota for king mackerel in the Gulf western zone was not
reached on October 5, 2018, and therefore, additional commercial quota
of king mackerel in the Gulf western zone is available for harvest
during the 2018-2019 fishing year. Reopening quickly is expected to
help achieve optimum yield by making additional king mackerel available
to consumers and resulting in revenue increases to commercial vessels.
For the aforementioned reasons, the AA also finds good cause to
waive the
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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: November 6, 2018.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2018-24589 Filed 11-6-18; 4:15 pm]
BILLING CODE 3510-22-P