[Federal Register Volume 77, Number 162 (Tuesday, August 21, 2012)]
[Rules and Regulations]
[Pages 50388-50389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20510]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02]
RIN 0648-XC160


Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
South Atlantic; 2012-2013 Accountability Measure and Closure for Gulf 
King Mackerel in Western Zone

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 final rule. NMFS 
has determined that the commercial annual catch limit (ACL) (equal to 
the commercial quota) for king mackerel in the western zone of the Gulf 
EEZ will have been reached by August 22, 2012. Therefore, NMFS closes 
the western zone of the Gulf to commercial king mackerel fishing in the 
EEZ. This closure is necessary to protect the Gulf king mackerel 
resource.

DATES: The closure is effective noon, local time, August 22, 2012, 
until 12:01 a.m., local time, on July 1, 2013.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, 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 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.
    The commercial ACL (commercial quota) for the Gulf migratory group 
king mackerel in the western zone is 1,180,480 lb (535,457 kg) (76 FR 
82058, December 29, 2011), for the current fishing year, July 1, 2012, 
through June 30, 2013.
    Regulations at 50 CFR 622.49(h)(1)(i) and 50 CFR 622.43(a)(3) 
require NMFS to close the commercial sector for Gulf migratory group 
king mackerel in the western zone when the ACL (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 ACL 
(commercial quota) of 1,180,480 lb (535,457 kg) for Gulf migratory 
group king mackerel in the western zone will be reached by August 22, 
2012. Accordingly, the western zone is closed effective noon, local 
time, August 22, 2012, through June 30, 2013, the end of the fishing 
year to commercial fishing for Gulf group king mackerel. The Gulf group 
king mackerel western zone begins at the United States/Mexico border 
(near Brownsville, Texas) and continues to the boundary between the 
eastern and western zones at 87[deg]31.1[min] W. long., which is a line 
directly south from the Alabama/Florida boundary.
    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 zones or subzones. 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 zones or subzones under the bag and possession limits set 
forth in 50 CFR 622.39(c)(1)(ii) and (c)(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

[[Page 50389]]

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 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.

Classification

    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 western zone of 
the Gulf 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) as such prior notice and opportunity for public comment is 
unnecessary and contrary to the public interest. Such procedures would 
be unnecessary because the rule implementing the commercial ACL 
(commercial quota) and the associated requirement for closure of the 
commercial harvest when the ACL (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 interest because of the need to 
immediately implement this action to protect the king mackerel 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).
    This action is taken under 50 CFR 622.43(a) and is exempt from 
review under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: August 16, 2012.
James P. Burgess,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2012-20510 Filed 8-16-12; 4:15 pm]
BILLING CODE 3510-22-P