[Federal Register Volume 81, Number 200 (Monday, October 17, 2016)]
[Rules and Regulations]
[Pages 71410-71411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25052]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 101206604-1758-02]
RIN 0648-XE959


Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
South Atlantic; 2016-2017 Commercial Accountability Measures and 
Closure for King Mackerel in Western Zone of the Gulf of Mexico

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

ACTION: Temporary rule; closure.

-----------------------------------------------------------------------

SUMMARY: NMFS implements accountability measures (AMs) for commercial 
king mackerel in the western zone of the Gulf of Mexico (Gulf) 
exclusive economic zone (EEZ) through this temporary rule. NMFS has 
determined that the commercial quota for king mackerel in the western 
zone of the Gulf EEZ will be reached by October 14, 2016. Therefore, 
NMFS closes the western zone of the Gulf EEZ to commercial king 
mackerel fishing on October 14, 2016. This closure is necessary to 
protect the Gulf king mackerel resource.

DATES: The closure is effective at noon, local time, October 14, 2016, 
until 12:01 a.m., local time, on July 1, 2017.

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.
    The commercial quota for the Gulf migratory group king mackerel in 
the Gulf western zone is 1,071,360 lb (485,961 kg) for the current 
fishing year, July 1, 2016, through June 30, 2017 (50 CFR 
622.384(b)(1)(ii)).
    Regulations at 50 CFR 622.388(a)(1)(i) require NMFS to close the 
commercial sector for Gulf migratory group king mackerel in the western 
zone when the commercial quota is reached, or is projected to be 
reached, by filing a notification to that effect with the Office of the 
Federal Register. 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 14, 2016. Accordingly, the western zone 
is closed to commercial fishing for Gulf migratory group king mackerel 
effective at noon, local time, October 14, 2016, through June 30, 2017, 
the end of the current fishing year. The western zone of Gulf migratory 
group king mackerel 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. long., which is a line extending 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 that has been issued a Federal 
commercial permit for king mackerel 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 Federal 
charter vessel/headboat permit for coastal migratory pelagic fish may 
continue to retain king mackerel in or from the closed zone under the 
recreational 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 CFR 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 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)(i) and 622.384(e), 
and is

[[Page 71411]]

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 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 procedures are unnecessary and contrary to the public 
interest. Such procedures are unnecessary because the rule implementing 
the commercial quota and the associated AMs has already been subject to 
notice and public 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 commercial quota. Prior notice and opportunity for 
public comment would require time and could 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 the effectiveness of this action under 5 
U.S.C. 553(d)(3).

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

    Dated: October 12, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-25052 Filed 10-12-16; 4:15 pm]
BILLING CODE 3510-22-P