[Federal Register Volume 83, Number 218 (Friday, November 9, 2018)]
[Rules and Regulations]
[Pages 55975-55976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24589]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 160426363-7275-02]
RIN 0648-XG595


Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
Atlantic Region; Reopening of the Commercial Sector for King Mackerel 
in the Gulf of Mexico Western Zone

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

ACTION: Temporary rule; reopening.

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SUMMARY: NMFS reopens the commercial sector for king mackerel in the 
western zone of the Gulf of Mexico (Gulf) exclusive economic zone (EEZ) 
through this temporary rule. The most recent commercial landings data 
for king mackerel in the Gulf western zone indicate the commercial 
quota for the 2018-2019 fishing year has not yet been reached. 
Therefore, NMFS reopens the commercial sector for king mackerel in the 
Gulf western zone for 7 days to allow the commercial quota to be 
caught.

DATES: This temporary rule is effective at 12:01 a.m., local time, on 
November 12, 2018, until 12:01 a.m., local time, on November 19, 2018.

FOR FURTHER INFORMATION CONTACT: Lauren Waters, 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 of the following 
weights for king mackerel apply as either round or gutted weight.
    The commercial quota for Gulf migratory group king mackerel (Gulf 
king mackerel) in the western zone is 1,116,000 lb (506,209 kg) for the 
current fishing year, July 1, 2018, through June 30, 2019 (50 CFR 
622.384(b)(1)(i)).
    The western zone of Gulf king mackerel is located in the EEZ 
between a line extending east from the international border of the 
United States and Mexico, and 87[deg]31.1' W long., which is a line 
extending south from the state boundary of Alabama and Florida. The 
western zone includes the EEZ off Texas, Louisiana, Mississippi, and 
Alabama.
    Regulations at 50 CFR 622.388(a)(1)(i) require NMFS to close the 
commercial sector for Gulf king mackerel in the western zone 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. 
NMFS previously projected that the commercial quota of 1,116,000 lb 
(506,209 kg) for Gulf king mackerel in the western zone would be 
reached on October 5, 2018. Accordingly, NMFS published a temporary 
rule to close the western zone to commercial fishing for Gulf king 
mackerel effective at noon, local time, on October 5, 2018, through 
June 30, 2019, the end of the current fishing year (83 FR 50295, 
October 5, 2018). However, a recent landings update indicates that the 
commercial quota for king mackerel in the Gulf western zone was not 
reached on October 5, 2018. Approximately 8,500 lb (3,856 kg) of the 
commercial quota remain, and NMFS projects that this amount will be 
harvested in 7 days.
    For the reasons stated above, and in accordance with 50 CFR 
622.8(c), NMFS temporarily reopens the commercial sector for king 
mackerel in the Gulf western zone beginning at 12:01 a.m., local time, 
on November 12, 2018. The commercial sector will close 7 days later at 
12:01 a.m., local time, on November 19, 2018, and remain closed until 
July 1, 2019, the start of the next fishing year. NMFS has determined 
that reopening the Gulf western zone will allow additional 
opportunities to harvest the commercial quota of king mackerel in that 
zone.
    During the closure beginning at 12:01 a.m., local time, on November 
19, 2018, a person on board a vessel that has been issued a valid 
Federal commercial or charter vessel/headboat permit for coastal 
migratory pelagic fish may continue to retain king mackerel in the 
western zone under the recreational bag and possession limits specified 
in 50 CFR 622.382(a)(1)(ii) and (a)(2), as long as the recreational 
sector for Gulf king mackerel is open (50 CFR 622.384(e)(1)).
    Also during the closure, king mackerel 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 
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(c) 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 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 regulations at 50 
CFR 622.8(c) have already been subject to notice and public comment, 
and all that remains is to notify the public that additional harvest is 
available under the established commercial quota, and therefore, the 
commercial sector for king mackerel in the western zone of the Gulf EEZ 
will reopen.
    Prior notice and an opportunity to comment is contrary to the 
public interest, because NMFS previously determined the commercial 
quota for king mackerel in the western zone of the Gulf EEZ would be 
reached and, therefore, closed the commercial sector for king mackerel 
in this zone. However, following a recent landings update the 
commercial quota for king mackerel in the Gulf western zone was not 
reached on October 5, 2018, and therefore, additional commercial quota 
of king mackerel in the Gulf western zone is available for harvest 
during the 2018-2019 fishing year. Reopening quickly is expected to 
help achieve optimum yield by making additional king mackerel available 
to consumers and resulting in revenue increases to commercial vessels.
    For the aforementioned reasons, the AA also finds good cause to 
waive the

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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 6, 2018.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2018-24589 Filed 11-6-18; 4:15 pm]
 BILLING CODE 3510-22-P