[Federal Register Volume 83, Number 17 (Thursday, January 25, 2018)]
[Rules and Regulations]
[Pages 3403-3404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01385]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 101206604-1758-02]
RIN 0648-XF970


Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
Atlantic Region; 2017-2018 Commercial Trip Limit Reduction for Spanish 
Mackerel in the Atlantic Southern Zone

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 southern zone to 1,500 lb (680 kg), in round or gutted 
weight, per day. This commercial trip limit reduction is necessary to 
maximize the socioeconomic benefits of the quota.

DATES: Effective 6 a.m., local time, on January 27, 2018, until 12:01 
a.m., local time, March 1, 2018.

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 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 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. All weights for 
Atlantic Spanish mackerel below apply as either round or gutted weight.
    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 Spanish mackerel). Atlantic Spanish 
mackerel are divided into a northern and southern zone for management 
purposes. The southern zone consists of Federal waters off South 
Carolina,

[[Page 3404]]

Georgia, and Florida. The southern zone boundaries for Atlantic Spanish 
mackerel extend from the border of North Carolina and South Carolina, 
which is 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., and proceed south 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 border of Miami-Dade and Monroe Counties, Florida.
    The southern zone commercial quota for Atlantic 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, 2018, in accordance with 50 CFR 
622.385(b)(2). Regulations at 50 CFR 622.384(c)(2)(iii) allow for quota 
transfers between the northern and southern zones with NMFS approval. 
On October 30, 2017, the State of Florida sent a letter to NMFS, 
requesting a transfer of 100,000 lb (45,359 kg) of the 2017-2018 
Spanish mackerel commercial quota from the southern zone to the 
northern zone, as per the requirements of 50 CFR 622.384(c)(2)(iii). On 
November 1, 2017, NMFS notified the respective states that the quota 
transfer was approved. Accordingly, the revised commercial quota for 
the 2017-2018 fishing year for the Atlantic Spanish mackerel northern 
zone is 762,670 lb (345,941 kg) and the revised commercial quota for 
the southern zone is 2,567,330 lb (1,164,521 kg).
    As specified at 50 CFR 622.385(b)(1)(ii)(B), after 75 percent of 
the adjusted commercial quota of Atlantic 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 Spanish mackerel has been reached. Accordingly, the 
commercial trip limit of 1,500 lb (680 kg) per day applies to Atlantic 
Spanish mackerel in or from the EEZ in the southern zone effective 6 
a.m., local time, on January 27, 2018, until 12:01 a.m., local time, 
March 1, 2018, unless changed by subsequent notification in the Federal 
Register.

Classification

    The Regional Administrator for the NMFS Southeast Region has 
determined this temporary rule is necessary for the conservation and 
management of Atlantic 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 NOAA Assistant Administrator for Fisheries (AA) finds that the need 
to immediately reduce the trip limit for the commercial sector for 
Atlantic 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 are 
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 
Atlantic Spanish mackerel resource, because the capacity of the fishing 
fleet allows for rapid harvest of the commercial 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 
commercial 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 22, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2018-01385 Filed 1-24-18; 8:45 am]
 BILLING CODE 3510-22-P