[Federal Register Volume 79, Number 201 (Friday, October 17, 2014)]
[Rules and Regulations]
[Pages 62358-62359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24709]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 101206604-1758-02]
RIN 0648-XD559


Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
South Atlantic; 2014-2015 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 quota for king mackerel in the 
western zone of the Gulf EEZ will have been reached by October 17, 
2014. 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, October 17, 2014, 
until 12:01 a.m., local time, on July 1, 2015.

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 quota for the Gulf migratory group king mackerel in 
the western zone is 1,071,360 lb (485,961 kg) (76 FR 82058, December 
29, 2011), for the current fishing year, July 1, 2014, through June 30, 
2015.
    Regulations at 50 CFR 622.388(a)(1) require NMFS to close the 
commercial sector for Gulf migratory group king mackerel in the western 
zone when the quota is reached, or is projected to be

[[Page 62359]]

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 quota of 1,071,360 lb (485,961 kg) 
for Gulf migratory group king mackerel in the western zone will be 
reached by October 17, 2014. Accordingly, the western zone is closed to 
commercial fishing for Gulf migratory group king mackerel effective 
noon, local time, October 17, 2014, through June 30, 2015, the end of 
the fishing year. The Gulf migratory group king mackerel western zone 
is that part of the EEZ between a line extending east from the border 
of the United States and Mexico and 87[deg]31.1' W. longitude, which is 
a line directly south from the state boundary of Alabama and Florida.
    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 migratory 
group king mackerel in the EEZ in the closed zone (50 CFR 
622.384(e)(1)). 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 622.382(a)(1)(ii) and 
(a)(2), provided the vessel is operating as a charter vessel or 
headboat (50 CER 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 trade in 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, Southeast Region, NMFS, 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 622.388(a)(1) and 622.384(e), 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 Fisheries, NOAA (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 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 quota and 
the associated requirement for closure of the commercial harvest when 
the 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 stock 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).

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

    Dated: October 14, 2014.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2014-24709 Filed 10-14-14; 4:15 pm]
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