[Federal Register Volume 77, Number 169 (Thursday, August 30, 2012)]
[Rules and Regulations]
[Page 52623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21426]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02]
RIN 0648-XC196


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.

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SUMMARY: NMFS reduces the trip limit for the commercial sector of king 
mackerel in the eastern zone of the Gulf of Mexico (Gulf) in the 
northern Florida west coast subzone to 500 lb (227 kg) of king mackerel 
per day in or from the exclusive economic zone (EEZ). This trip limit 
reduction is necessary to protect the Gulf king mackerel resource.

DATES: This rule is effective 12:01 a.m., local time, August 30, 2012, 
through June 30, 2013, unless changed by further notice in the Federal 
Register.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 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.
    On April 27, 2000, NMFS implemented the final rule (65 FR 16336, 
March 28, 2000) that divided the king mackerel Gulf migratory group's 
Florida west coast subzone of the Gulf eastern zone into northern and 
southern subzones, and established their separate quotas. The quota for 
the northern Florida west coast subzone is 197,064 lb (89,397 kg) (50 
CFR 622.42(c)(1)(i)(A)(2)(ii)).
    The regulations at 50 CFR 622.44(a)(2)(ii)(B)(2), provide that when 
75 percent of the northern Florida west coast subzone's quota has been 
harvested until a closure of the subzone has been effected or the 
fishing year ends, king mackerel in or from the EEZ may be possessed on 
board or landed from a permitted vessel in amounts not exceeding 500 lb 
(227 kg) per day.
    NMFS has projected that 75 percent of the quota for Gulf group king 
mackerel from the northern Florida west coast subzone will be reached 
by August 30, 2012. Accordingly, a 500-lb (227-kg) trip limit applies 
to vessels in the commercial sector for king mackerel in or from the 
EEZ in the northern Florida west coast subzone effective 12:01 a.m., 
local time, August 30, 2012. The 500-lb (227-kg) trip limit will remain 
in effect until the fishery closes or until the end of the current 
fishing year (June 30, 2013), whichever occurs first.
    The Florida west coast subzone is that part of the eastern zone 
located south and west of 25[deg]20.4' N. lat. (a line directly east 
from the Miami-Dade/Monroe County, FL boundary) along the west coast of 
Florida to 87[deg]31.1' W. long. (a line directly south from the 
Alabama/Florida boundary). The Florida west coast subzone is further 
divided into northern and southern subzones. The northern subzone is 
that part of the Florida west coast subzone that is between 
26[deg]19.8' N. lat. (a line directly west from the Lee/Collier County, 
FL boundary) and 87[deg]31.1' W. long. (a line directly south from the 
Alabama/Florida boundary).

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA, (AA), finds that the need to immediately implement this trip 
limit reduction for the commercial sector constitutes good cause to 
waive the requirements to provide prior notice and opportunity for 
public comment pursuant to the authority set forth in 5 U.S.C. 
553(b)(B), as such procedures would be unnecessary and contrary to the 
public interest. Such procedures would be unnecessary because the rule 
itself already has 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 the capacity of the fishing 
fleet allows for rapid harvest of the quota. Prior notice and 
opportunity for public comment could result in a harvest well in excess 
of the established quota. Immediate implementation of this action is 
needed to protect the fishery.
    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).
    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 27, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2012-21426 Filed 8-27-12; 4:15 pm]
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