[Federal Register Volume 83, Number 36 (Thursday, February 22, 2018)]
[Rules and Regulations]
[Pages 7636-7637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03651]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 160426363-7275-02]
RIN 0648-XG034


Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
Atlantic Region; 2017-2018 Commercial Hook-and-Line Closure for King 
Mackerel in the Gulf of Mexico Southern Zone

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS implements an accountability measure (AM) to close the 
hook-and-line component of the commercial sector for king mackerel in 
the Gulf of Mexico (Gulf) southern zone. This closure is necessary to 
protect the Gulf king mackerel resource.

DATES: This temporary rule is effective from 12:01 a.m., local time, 
February 20, 2018, through June 30, 2018.

FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, 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 Gulf 
migratory group king mackerel (Gulf 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 Gulf king mackerel. King mackerel in the Gulf is divided 
into western, northern, and southern zones, which have separate 
commercial quotas.

[[Page 7637]]

    The southern zone for Gulf king mackerel encompasses an area of the 
exclusive economic zone (EEZ) south of a line extending due west from 
the boundary of Lee and Collier Counties on the Florida west coast, and 
south of a line extending due east from the boundary of Monroe and 
Miami-Dade Counties on the Florida east coast, which includes the EEZ 
off Collier and Monroe Counties in south Florida (50 CFR 
622.369(a)(1)(iii)).
    The commercial quota for the hook-and-line component of the 
commercial sector in the southern zone is 596,400 lb (270,522 kg) for 
the current fishing year, July 1, 2017, through June 30, 2018 (50 CFR 
622.384(b)(1)(iii)(A)).
    Under 50 CFR 622.8(b) and 622.388(a)(1), NMFS is required to close 
any component of the king mackerel commercial sector when its quota has 
been reached, or is projected to be reached, by filing a notification 
at the Office of the Federal Register. NMFS has determined the 
commercial quota for the hook-and-line component of the commercial 
sector for Gulf king mackerel in the southern zone will be reached by 
February 20, 2018. Accordingly, the hook-and-line component of the 
commercial sector for Gulf migratory group king mackerel in the 
southern zone is closed effective at 12:01 a.m., local time, February 
20, 2018, through the end of the fishing year on June 30, 2018.
    During the commercial hook-and-line closure in the southern zone, 
no person aboard a vessel for which a valid commercial permit for king 
mackerel has been issued may harvest or possess Gulf migratory group 
king mackerel in or from Federal waters of the closed zone, as 
specified in 50 CFR 622.384(e), unless a valid Federal commercial 
gillnet permit for king mackerel has been issued to the vessel and the 
gillnet fishery is open. There is one other exception. A person aboard 
a vessel that has a valid Federal charter vessel/headboat permit and 
also has a commercial king mackerel permit for coastal migratory 
pelagic fish may continue to retain king mackerel in or from the closed 
zone under the 3-fish daily recreational bag limit, provided the vessel 
is operating as a charter vessel or headboat, and as long as the 
recreational sector for Gulf king mackerel is open. Charter vessels or 
headboats that have a valid commercial king mackerel permit are 
considered to be operating as a charter vessel or headboat when they 
carry a passenger who pays a fee or when more than three persons are 
aboard, including operator and crew.
    Also during the closure, king mackerel caught with hook-and-line 
gear 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 caught with hook-and-line gear 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)(2)).

Classification

    The Regional Administrator for the NMFS Southeast Region has 
determined this temporary rule is necessary for the conservation and 
management of Gulf king mackerel and is consistent with the Magnuson-
Stevens Act and other applicable laws.
    This action is taken under 50 CFR 622.8(b) and 622.388(a)(1), 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 good cause to 
waive the requirements to provide prior notice and opportunity for 
public comment on this temporary rule pursuant to the authority set 
forth in 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 
AM 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 implement immediately 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 effectiveness of the action under 5 U.S.C. 
553(d)(3).

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

    Dated: February 16, 2018.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-03651 Filed 2-16-18; 4:15 pm]
 BILLING CODE 3510-22-P