[Federal Register Volume 83, Number 247 (Thursday, December 27, 2018)]
[Rules and Regulations]
[Pages 66635-66636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28039]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140819687-5583-02]
RIN 0648-XG697


2018-2019 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 fishery.

DATES: This temporary rule is effective from 6 a.m., local time, on 
December 26, 2018, until 12:01 a.m., local time, on March 1, 2019.

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 the 
Atlantic migratory group of Spanish mackerel (Atlantic Spanish 
mackerel) described apply as either round or gutted weight, and the 
fishing year is March through the end of February.
    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 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, Georgia, and the east coast of 
Florida. The southern zone boundaries for Atlantic Spanish mackerel 
extend from the border of North Carolina and South Carolina (which is a 
line extending southeast 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) to the 
border of Miami-Dade and Monroe Counties, Florida (at 25[deg]20'24'' N 
lat.). Framework Amendment 2 to the FMP (80 FR 40936, July 14, 2015) 
revised the commercial trip limits for Atlantic Spanish mackerel in the 
southern zone to streamline the commercial trip limit system and 
increase the social and economic benefits of the fishery.
    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, 2019, in accordance with 50 CFR 
622.385(b)(2).

[[Page 66636]]

    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 is projected to be reached, Atlantic Spanish mackerel in or from the 
EEZ in the southern zone may not be possessed onboard or landed from a 
vessel issued a Federal permit for Atlantic Spanish mackerel 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 will be reached by December 25, 
2018. 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 from 6 a.m., local time, on December 26, 2018, 
until 12:01 a.m., local time, on March 1, 2019, 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 Assistant Administrator for NOAA 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: December 20, 2018.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-28039 Filed 12-20-18; 4:15 pm]
 BILLING CODE 3510-22-P