[Federal Register Volume 82, Number 22 (Friday, February 3, 2017)]
[Rules and Regulations]
[Pages 9189-9190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02345]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 101206604-1758-02]
RIN 0648-XF179


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South 
Atlantic; Commercial Trip Limit Reduction for Spanish Mackerel

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

ACTION: Temporary rule; trip limit reduction.

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SUMMARY: NMFS reduces the commercial trip limit of Atlantic migratory 
group Spanish mackerel in or from the exclusive economic zone (EEZ) in 
the Atlantic migratory group southern zone to 1,500 lb (680 kg), round 
weight, per day. This trip limit reduction is necessary to maximize the 
socioeconomic benefits of the quota.

DATES: Effective 6:00 a.m., local time, February 6, 2017, until 12:01 
a.m., local time, March 1, 2017.

FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional 
Office, telephone: 727-824-5305, or email: [email protected].

SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic 
fish

[[Page 9190]]

(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 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.
    Framework Amendment 1 to the FMP (79 FR 69058, November 20, 2014) 
implemented a commercial annual catch limit (equal to the commercial 
quota) of 3.33 million lb (1.51 million kg) for the Atlantic migratory 
group of Spanish mackerel. Atlantic migratory group Spanish mackerel 
are divided into a northern and southern zone for management purposes. 
The southern zone consists of Federal waters off South Carolina, 
Georgia, and Florida. The boundaries for the southern zone for Atlantic 
migratory group Spanish mackerel extend between North Carolina/South 
Carolina, a line extending in a direction of 135[deg]34'55'' from true 
north beginning at 33[deg]51'07.9'' N. lat. and 78[deg]32'32.6'' W. 
long. to the intersection point with the outward boundary of the EEZ, 
at 25[deg]20'24'' N. lat., which is a line directly east from the 
boundary between Miami-Dade/Monroe Counties, Florida.
    The southern zone quota for Atlantic migratory group Spanish 
mackerel is 2,667,330 lb (1,209,881 kg). Seasonally variable trip 
limits are based on an adjusted commercial quota of 2,417,330 lb 
(1,096,482 kg). The adjusted commercial quota is calculated to allow 
continued harvest in the southern zone at a set rate for the remainder 
of the current fishing year, through February 28, 2017, in accordance 
with 50 CFR 622.385(b)(2). As specified at 50 CFR 622.385(b)(1)(ii)(B), 
after 75 percent of the adjusted commercial quota of Atlantic migratory 
group Spanish mackerel is reached or projected to be reached, Spanish 
mackerel in or from the EEZ in the southern zone may not be possessed 
onboard or landed from a permitted vessel in amounts exceeding 1,500 lb 
(680 kg) per day.
    NMFS has determined that 75 percent of the adjusted commercial 
quota for Atlantic group Spanish mackerel has been reached. 
Accordingly, the commercial trip limit of 1,500 lb (680 kg) per day 
applies to Atlantic migratory group Spanish mackerel in or from the EEZ 
in the southern zone effective 6 a.m., local time February 6, 2017, 
until 12:01 a.m., local time, March 1, 2017, unless changed by 
subsequent notification in the Federal Register.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
Atlantic migratory group Spanish mackerel and is consistent with the 
Magnuson-Stevens Act and other applicable laws.
    This action is taken under 50 CFR 622.385(b)(1)(ii)(B) 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 opportunity for comment.
    This action responds to the best scientific information available. 
The Acting Assistant Administrator for Fisheries (AA) finds that the 
need to immediately reduce the trip limit for the commercial sector for 
Spanish mackerel constitutes good cause to waive the requirements to 
provide prior notice and the opportunity for public comment pursuant to 
5 U.S.C. 553(b)(B) as such procedures would be unnecessary and contrary 
to the public interest. Such procedures are unnecessary because the 
rules implementing the quotas and trip limits have already been subject 
to notice and comment, and all that remains is to notify the public of 
the trip limit reduction.
    Prior notice and opportunity for public comment is contrary to the 
public interest, because any delay in the trip limit reduction of the 
commercial harvest could result in the commercial quota being exceeded. 
There is a need to immediately implement this action to protect the 
Spanish mackerel resource, because the capacity of the fishing fleet 
allows for rapid harvest of the quota. Prior notice and opportunity for 
public comment would require additional time and could 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 this action under 5 U.S.C. 
553(d)(3).

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

    Dated: January 31, 2017.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-02345 Filed 1-31-17; 4:15 pm]
 BILLING CODE 3510-22-P