[Federal Register Volume 81, Number 59 (Monday, March 28, 2016)]
[Rules and Regulations]
[Page 17093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06942]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02]
RIN 0648-XE533


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2016 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, March 27, 2016, 
through June 30, 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 includes king mackerel, Spanish mackerel, and cobia, and 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 by NMFS 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. The 2015 to 2016 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 from the Lee and Collier County, Florida, boundary on the 
Florida west coast, and south of a line extending due east from the 
Monroe and Miami-Dade County, Florida, boundary on the Florida east 
coast, which includes the EEZ off Collier and Monroe Counties, Florida. 
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.
    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 
commercial quota for the hook-and-line component of the commercial 
sector for Gulf migratory group king mackerel in the southern Florida 
west coast subzone will be reached by March 27, 2016. Accordingly, the 
hook-and-line component of the commercial sector for Gulf migratory 
group king mackerel in the Florida west coast southern subzone is 
closed effective 12:01 a.m., local time, March 27, 2016, through the 
end of the fishing year on June 30, 2016.
    On March 11, 2016, NMFS also closed the Florida west coast southern 
subzone to commercial harvest of king mackerel caught by run around 
gillnet gear, because the quota for that sector was reached (81 FR 
12826, March 11, 2016). Therefore, during the closures no person aboard 
a vessel for which a valid 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, as specified in 50 CFR 
622.384(e). However, there is one exception. A person aboard a vessel 
that has a valid Federal charter vessel/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 recreational bag limit, provided the vessel is 
operating as a charter vessel or headboat. Charter vessels or headboats 
that have a valid 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, NMFS Southeast Region, 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 NOAA Fisheries (AA), finds that the 
need to immediately implement this action 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 on 
this temporary rule are unnecessary and contrary to the public 
interest. Such procedures are unnecessary because the regulations at 50 
CFR 622.8(b) and 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 commercial 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 commercial 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: March 23, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-06942 Filed 3-23-16; 4:15 pm]
 BILLING CODE 3510-22-P