[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)]
[Rules and Regulations]
[Pages 11451-11452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04798]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 101206604-1758-02]
RIN 0648-XE480


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South 
Atlantic; Trip Limit Increase

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; inseason trip limit increase.

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SUMMARY: NMFS increases the trip limit in the commercial sector for 
king mackerel in the Florida east coast subzone to 75 fish per day in 
or from the exclusive economic zone (EEZ). This trip limit increase is 
necessary to maximize the socioeconomic benefits associated with 
harvesting the king mackerel commercial quota.

DATES: This rule is effective 12:01 a.m., local time, March 1, 2016, 
through March 31, 2016.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, NMFS Southeast Regional 
Office, 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 by NMFS under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) by regulations at 50 CFR part 622.
    On January 30, 2012 (76 FR 82058, December 29, 2011), NMFS 
implemented a commercial quota of

[[Page 11452]]

1,102,896 lb (500,265 kg) for Gulf migratory group king mackerel in the 
Florida east coast subzone (50 CFR 622.384(b)(1)(i)(A)). From November 
1 through March 31, the Florida east coast subzone encompasses an area 
of the EEZ south of a line extending due east of the boundary between 
Flagler and Volusia Counties, FL, and north of a line extending due 
east of the boundary between Miami-Dade and Monroe Counties, FL. From 
November 1 through the end of February, king mackerel in or from the 
subzone may be possessed on board or landed from a permitted vessel in 
amounts not exceeding 50 fish per day (50 CFR 622.385(a)(2)(i)(A)).
    However, beginning on March 1, if less than 70 percent of the 
Florida east coast subzone king mackerel commercial quota has been 
harvested by that date, king mackerel in or from that subzone may be 
possessed on board or landed from a permitted vessel in amounts not 
exceeding 75 fish per day (50 CFR 622.385(a)(2)(i)(B)(2)).
    NMFS has determined that less than 70 percent of the quota for Gulf 
migratory group king mackerel in the Florida east coast subzone will be 
harvested by March 1, 2016. Accordingly, a 75-fish trip limit applies 
to vessels fishing for king mackerel in or from the EEZ in the Florida 
east coast subzone effective 12:01 a.m., local time, March 1, 2016. The 
75-fish trip limit will remain in effect until the commercial quota is 
reached and the subzone closes, or until the end of the subzone's 
current fishing year on March 31, 2016.

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 622.385(a)(2)(i)(B)(2) 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 commercial trip limit increase 
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), because prior notice and opportunity for 
public comment on this temporary rule is unnecessary and contrary to 
the public interest. Such procedures are unnecessary because the rule 
establishing the trip limits has already been subject to notice and 
comment, and all that remains is to notify the public of the trip limit 
increase. Such procedures are contrary to the public interest, because 
prior notice and opportunity for public comment would require time, 
thus delaying fishermen's ability to catch more king mackerel than the 
present trip limit allows and preventing fishermen from reaping the 
socioeconomic benefits associated with this increased trip limit.
    As this action allows fishermen to increase their harvest of king 
mackerel from 50 fish to 75 fish per day in or from the EEZ of the 
Florida east coast subzone, the AA finds it relieves a restriction and 
may go into effect without a 30-day delay in effectiveness, pursuant to 
5 U.S.C. 553(d)(1).

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

    Dated: March 1, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-04798 Filed 3-1-16; 4:15 pm]
 BILLING CODE 3510-22-P