[Federal Register Volume 80, Number 24 (Thursday, February 5, 2015)]
[Rules and Regulations]
[Pages 6464-6465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02321]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02]
RIN 0648-XD709


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2015 Commercial Accountability Measure and Closure for Coastal 
Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic

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) to close the 
hook-and-line component of the commercial sector for king mackerel in 
the Florida west coast southern subzone. This closure is necessary to 
protect the Gulf of Mexico (Gulf) king mackerel resource.

DATES: This rule is effective 12:01 a.m., local time, February 5, 2015, 
through June 30, 2015.

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 Atlantic Region (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 Gulf migratory group king mackerel is divided into western and 
eastern zones. The Gulf's eastern zone for king mackerel is further 
divided into the Florida west coast northern and southern subzones that 
have separate commercial quotas. On January 30, 2012, NMFS implemented 
the final rule (76 FR 82058, December 29, 2011) that established annual 
catch limits (ACLs). The 2014 to 2015 fishing year quota for the hook-
and-line component of the commercial sector in the Florida west coast 
southern subzone is 551,448 lb (250,133 kg) (50 CFR 
622.384(b)(1)(i)(B)(1)).
    From November 1 through March 31, the southern subzone encompasses 
an area of the exclusive economic zone (EEZ) south of a line extending 
due west of the Lee and Collier County, FL, boundary on the Florida 
west coast, and south of a line extending due east of the Monroe and 
Miami-Dade County, FL, boundary on the Florida east coast, which 
includes the EEZ off Collier and Monroe Counties, FL. From April 1 
through October 31, the southern subzone is reduced to the EEZ off 
Collier County, and the EEZ off Monroe County becomes part of the 
Atlantic migratory group area.
    On January 24, 2015, NMFS implemented a 500-lb (227-kg) trip limit 
for vessels in the hook-and-line component of the commercial king 
mackerel sector in this subzone, because 75 percent of quota had been 
reached (622.385(a)(2)(ii)(B)).
    Under 50 CFR 622.8(b) and 622.388(a)(1), NMFS is required to close 
any component of the king mackerel commercial sector when its quota has 
been reached, or is projected to be reached, by filing a notification 
at the Office of the Federal Register. NMFS has determined the quota 
for the hook-and-line component of the commercial sector for Gulf 
migratory group king mackerel in the southern Florida west coast 
subzone has been reached. Accordingly, the hook-and-line component of 
the commercial sector for Gulf migratory group king mackerel in the 
southern Florida west coast subzone is closed effective 12:01 a.m., 
local time, February 5, 2015, through June 30, 2015, the end of the 
fishing year.
    As specified in 50 CFR 622.384(e), during the closure period no 
person aboard a vessel for which a commercial permit for king mackerel 
has been issued may harvest or possess Gulf migratory group king 
mackerel in or from Federal waters of the closed subzone. However, 
there is one exception that a person aboard a vessel that has a valid 
charter/headboat permit and also has a commercial king mackerel permit 
for coastal migratory pelagic fish may continue to retain king mackerel 
in or from the closed subzone under the 2-fish daily bag limit, 
provided the vessel is operating as a charter vessel or headboat. 
Charter vessels or headboats that hold a commercial king mackerel 
permit are considered to be operating as a charter vessel or headboat 
when they carry a passenger who pays a fee or when more than three 
persons are aboard, including operator and crew.

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 622.8(b) and 622.388(a)(1) 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 that the 
need to immediately implement this action to close the hook-and-line 
component of 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 
prior notice and opportunity for public comment are unnecessary and

[[Page 6465]]

contrary to the public interest. Such procedures are unnecessary, 
because the regulations at 50 CFR 622.388(a)(1) have already been 
subject to notice and comment, and all that remains is to notify the 
public of the closure. Such procedures are contrary to the public 
interest, because there is a need to immediately implement this action 
to protect the king mackerel resource since the capacity of the fishing 
fleet allows for rapid harvest of the quota. Prior notice and 
opportunity for public comment on this action 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 effectiveness of the action under 5 U.S.C. 
553(d)(3).

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

    Dated: February 2, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-02321 Filed 2-2-15; 4:15 pm]
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