[Federal Register Volume 83, Number 27 (Thursday, February 8, 2018)]
[Rules and Regulations]
[Pages 5571-5572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02544]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 160426363-7275-02]
RIN 0648-XG009


Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
Atlantic Region; Commercial Trip Limit Increase in the Atlantic 
Southern Zone

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

ACTION: Temporary rule; trip limit increase.

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SUMMARY: NMFS increases the commercial trip limit for king mackerel in 
or from Federal waters in an area off the Florida east coast between 
the border of Flagler and Volusia Counties and the border of Miami-Dade 
and Monroe Counties in the Atlantic southern zone to 75 fish per day. 
This commercial trip limit increase is necessary to maximize the 
socioeconomic benefits associated with harvesting the commercial quota 
of Atlantic migratory group king mackerel.

DATES: This temporary rule is effective from 12:01 a.m., local time, 
February 5, 2018, through February 28, 2018.

FOR FURTHER INFORMATION CONTACT: Frank Helies, 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 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 king mackerel below apply as either round or gutted weight.
    On April 11, 2017, NMFS published a final rule to implement 
Amendment 26 to the FMP in the Federal Register (82 FR 17387). That 
final rule adjusted the management boundaries, zones, and annual catch 
limits for Atlantic migratory group king mackerel (Atlantic king 
mackerel). The commercial quota for Atlantic king mackerel in the 
southern zone is 4,540,640 lb (2,059,600 kg) for the current fishing 
year, March 1, 2017, through February 28, 2018 (50 CFR 
622.384(b)(2)(ii)).
    The Atlantic king mackerel southern zone encompasses an area of 
Federal waters south of a line extending from the state border of North 
Carolina and South Carolina, as specified in 50 CFR 622.2, and north of 
a line extending due east from the border of Miami-Dade and Monroe 
Counties, Florida (50 CFR 622.369(a)(2)(ii)). From October 1 through 
January 31, the commercial trip limit for king mackerel in or from the 
southern zone that may be possessed on board or landed from a federally 
permitted vessel is 50 fish per day (50 CFR 622.385(a)(2)(i)(A)).
    However, if NMFS determines that less than 70 percent of the 
Atlantic southern zone commercial quota has been harvested by February 
1, then during the month of February, the commercial trip limit for 
king mackerel in or from a specified area of the southern zone that may 
be possessed on board or landed from a federally permitted vessel is 
increased to 75 fish per day (50 CFR 622.385(a)(1)(ii)(D)). The area of 
the southern zone in which the commercial trip limit increase applies 
is in Federal waters south of 29[deg]25' N lat., which is a line that 
extends due east from the border of Flagler and Volusia Counties, 
Florida, and north of 25[deg]20'24'' N lat., which is

[[Page 5572]]

a line that extends due east from the border of Miami-Dade and Monroe 
Counties, Florida.
    NMFS has determined that less than 70 percent of the commercial 
quota for Atlantic king mackerel in the southern zone was harvested by 
February 1, 2018. Accordingly, a 75-fish commercial trip limit applies 
to vessels fishing for king mackerel in or from Federal waters south of 
29[deg]25' N lat. and north of 25[deg]20'24'' N lat. off the east coast 
of Florida in the Atlantic southern zone effective at 12:01 a.m., local 
time, February 5, 2018. The 75-fish trip limit will remain in effect 
through February 28, 2018, or until the commercial quota is reached and 
the southern zone closes. On March 1, 2018, the new fishing year begins 
and a commercial trip limit of 50 fish will again be in effect for this 
area.

Classification

    The Regional Administrator for the NMFS Southeast Region has 
determined this temporary rule is necessary for the conservation and 
management of Atlantic king mackerel and is consistent with the 
Magnuson-Stevens Act and other applicable laws.
    This action is taken under 50 CFR 622.385(a)(1)(ii)(D) 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 commercial trip limit increase 
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), because prior notice and opportunity for 
public comment on this temporary rule is unnecessary and contrary to 
the public interest. Such procedures are unnecessary because the rule 
establishing the commercial trip limits has already been subject to 
notice and comment, and all that remains is to notify the public of the 
trip limit increase. Such procedures are contrary to the public 
interest, because prior notice and opportunity for public comment would 
require time and delay the fishers' ability to catch more king mackerel 
to harvest the commercial quota and achieve optimum yield, and would 
prevent fishers from reaping the socioeconomic benefits associated with 
this increased commercial trip limit.
    For the aforementioned reasons, the AA also finds good cause to 
waive the 30-day delay in effectiveness of this action, pursuant to 5 
U.S.C. 553(d)(3).

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

    Dated: February 5, 2018.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2018-02544 Filed 2-5-18; 4:15 pm]
 BILLING CODE 3510-22-P