[Federal Register Volume 84, Number 27 (Friday, February 8, 2019)]
[Rules and Regulations]
[Pages 2759-2760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01234]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 160426363-7275-02]
RIN 0648-XG762


Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
Atlantic Region; Commercial Trip Limit Increase for King Mackerel 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, on 
February 7, 2019, through February 28, 2019.

FOR FURTHER INFORMATION CONTACT: Karla Gore, 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 migratory group king mackerel (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 king mackerel. The commercial quota for Atlantic 
king mackerel in the southern zone is 4,001,920 lb (1,815,240 kg) for 
the current fishing year, March 1, 2018, through February 28, 2019 (50 
CFR 622.384(b)(2)(ii)). The seasonal quotas are 2,401,152 lb (1,089,144 
kg) for the period March 1 through September 30 (50 CFR 
622.384(b)(2)(ii)(A)), and 1,600,768 lb (726,096 kg) for October 1 
through the end of February (50 CFR 622.384(b)(2)(ii)(B)).
    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)(1)(ii)(C)).
    However, if NMFS determines that less than 70 percent of the 
Atlantic southern zone commercial quota specified in 50 CFR 
622.384(b)(2)(ii)(B) 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 2760]]

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 October 1 
through the end of February commercial quota for Atlantic king mackerel 
in the southern zone was harvested by February 1, 2019. 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, on February 7, 2019. 
The 75-fish trip limit will remain in effect through February 28, 2019, 
or until the commercial quota is reached and the southern zone closes. 
On March 1, 2019, 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 1, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2019-01234 Filed 2-7-19; 8:45 am]
 BILLING CODE 3510-22-P