[Federal Register Volume 84, Number 169 (Friday, August 30, 2019)]
[Rules and Regulations]
[Pages 45687-45688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18797]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 160426363-7275-02]
RIN 0648-XS010
Coastal Migratory Pelagic Resources of the Gulf of Mexico and
Atlantic Region; Commercial Trip Limit Reduction 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 reduction.
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SUMMARY: NMFS reduces the commercial trip limit for Atlantic migratory
group king mackerel (Atlantic king mackerel) in or from Federal waters
in the Atlantic southern zone off the Florida east coast between the
border of Flagler and Volusia Counties and the border of Miami-Dade and
Monroe Counties to 50 fish per day. This commercial trip limit
reduction is necessary to protect the Atlantic king mackerel resource.
DATES: This temporary rule is effective from September 1, 2019, through
September 30, 2019.
FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional
Office, telephone: 727-824-5305, email: [email protected].
SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic
fish
[[Page 45688]]
includes king mackerel, Spanish mackerel, and cobia in the Gulf of
Mexico and off the east coast of Florida, 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 described for Atlantic
migratory group king mackerel (Atlantic king mackerel) 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). Among
other measures, 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
3,617,120 lb (1,640,698 kg) for the current fishing year, March 1,
2019, through February 29, 2020 (50 CFR 622.384(b)(2)(ii)). The
seasonal quotas in the southern zone are 2,170,272 lb (984,419 kg) for
the period March 1 through September 30 (50 CFR 622.384(b)(2)(ii)(A)),
and 1,446,848 lb (656,279 kg) for October 1 through the end of February
(50 CFR 622.384(b)(2)(ii)(B)).
The southern zone for Atlantic king mackerel 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)). The area of the southern
zone in which this temporary rule 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 a line that extends due east from the
border of Miami-Dade and Monroe Counties, Florida (50 CFR
622.385(a)(1)(ii)).
From April 1 through September 30, the commercial trip limit for
Atlantic king mackerel in Federal waters off the east coast of Florida
between the border of Flagler and Volusia Counties, and the border of
Miami-Dade and Monroe Counties that may be possessed on board or landed
from a federally permitted vessel is 75 fish per day (50 CFR
622.385(a)(1)(ii)(B)). However, if during this period NMFS determines
that 75 percent of the commercial quota in the Atlantic southern zone
specified in 50 CFR 622.384(b)(2)(ii)(A) has been harvested, then the
commercial trip limit for king mackerel in or from this area that may
be possessed on board or landed from a federally permitted vessel is
reduced to 50 fish per day (50 CFR 622.385(a)(1)(ii)(B)).
NMFS has determined that for the 2019-2020 fishing year, 75 percent
of the March 1 through the September 30 commercial quota for Atlantic
king mackerel in the southern zone will be harvested by September 1,
2019. Accordingly, a 50-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 from September 1, 2019, through
September 30, 2019. On October 1, 2019, the new seasonal commercial
quota will be in effect and a commercial trip limit of 50 fish will
continue 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)(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 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 reduction
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 reduction. Such procedures are contrary to the public
interest because of the need to immediately implement this action to
protect the Atlantic king mackerel stock. The capacity of the fishing
fleet allows for more rapid harvest of the commercial quota under the
greater trip limit. Prior notice and opportunity for public comment
would require time and could potentially result in a harvest 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, pursuant to 5
U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: August 27, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-18797 Filed 8-27-19; 4:15 pm]
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