[Federal Register Volume 81, Number 218 (Thursday, November 10, 2016)]
[Rules and Regulations]
[Pages 78941-78942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27200]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 101206604-1758-02]
RIN 0648-XF017


Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
Atlantic Region; 2016-2017 Commercial Accountability Measures and 
Closure for King Mackerel in the Florida West Coast Northern Subzone

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS implements accountability measures (AMs) for commercially 
harvested king mackerel in the Florida west coast northern subzone of 
the eastern 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 eastern zone, Florida west 
coast northern subzone of the Gulf EEZ will be reached by November 10, 
2016. Therefore, NMFS closes the Florida west coast northern subzone to 
commercial fishing for king mackerel on November 10, 2016, to protect 
the Gulf king mackerel resource.

DATES: The closure is effective at noon, local time, November 10, 2016, 
until 12:01 a.m., local time, on October 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 includes king mackerel, Spanish mackerel, and cobia, and is 
managed under the Fishery Management Plan for Coastal Migratory Pelagic 
Resources in the Gulf of Mexico and Atlantic Region (FMP). The FMP was 
prepared by the Gulf of Mexico and South Atlantic Fishery Management 
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 of 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 Florida west coast northern 
subzone is that part of the Gulf EEZ between 26[deg]19.8' N. lat., a 
line extending directly west from the boundary between Lee and Collier 
Counties, Florida, and 87[deg]31.1' W. long., a line extending directly 
south from the state boundary of Alabama and Florida. The commercial 
quota for the Florida west coast northern subzone is 178,848 lb (81,124 
kg), round or gutted weight, as specified in 50 CFR 
622.384(b)(1)(i)(B)(2).
    Regulations at 50 CFR 622.8(b) and 50 CFR 622.388(a)(1)(i) require 
NMFS to close the commercial sector for Gulf migratory group king 
mackerel in the

[[Page 78942]]

Florida west coast northern subzone 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. Based on the best 
scientific information available, NMFS has determined the commercial 
quota of 178,848 lb (81,124 kg) for Gulf migratory group king mackerel 
in the Florida west coast northern subzone will be reached by November 
10, 2016. Accordingly, the Florida west coast northern subzone is 
closed to commercial fishing for Gulf migratory group king mackerel 
effective from noon, local time, November 10, 2016, through September 
30, 2017, the end of the current fishing year. The next fishing year 
for the Florida west coast northern subzone is October 1, 2017, through 
September 30, 2018.
    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 group king 
mackerel in the EEZ in the closed subzone, as specified in 50 CFR 
622.384(e)(1) and (2). 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 subzone 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. 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 harvested from the closed 
subzone, 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 zones or subzones that were harvested, landed 
ashore, and sold prior to the closure and were held in cold storage by 
a dealer or processor, as specified in 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 50 CFR 
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 NOAA Fisheries (AA) finds that the need 
to immediately implement this action to close the Florida west coast 
northern subzone of the Gulf eastern zone to commercial king mackerel 
fishing constitutes 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. Such 
procedures are contrary to the public interest because the capacity of 
the fishing fleet allows for rapid harvest of the commercial quota, and 
there is a need to immediately implement this action to protect the 
king mackerel resource. 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: November 7, 2016.
Jenni Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-27200 Filed 11-7-16; 4:15 pm]
 BILLING CODE 3510-22-P