Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; 2012-2013 Accountability Measure and Closure for Gulf King Mackerel in Northern Florida West Coast Subzone, 60946-60947 [2012-24653]
Download as PDF
<![CDATA[
60946
Federal Register / Vol. 77, No. 194 / Friday, October 5, 2012 / Rules and Regulations
purchase of black sea bass that were
harvested, landed ashore, and sold prior
to 12:01 a.m., local time, October 8,
2012, and held in cold storage by a
dealer or processor. For a person on
board a vessel for which a Federal
commercial or charter vessel/headboat
permit for the South Atlantic snappergrouper fishery has been issued, the sale
and purchase provisions of the
commercial closure for black sea bass
would apply regardless of whether the
fish were harvested in state or Federal
waters, as specified in 50 CFR
622.43(a)(5)(ii).
Classification
pmangrum on DSK3VPTVN1PROD with RULES
Authority: 16 U.S.C. 1801 et seq.
Dated: October 2, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2012–24651 Filed 10–2–12; 4:15 pm]
BILLING CODE 3510–22–P
15:07 Oct 04, 2012
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 001005281–0369–02]
RIN 0648–XC273
Coastal Migratory Pelagic Resources
of the Gulf of Mexico and South
Atlantic; 2012–2013 Accountability
Measure and Closure for Gulf King
Mackerel in Northern Florida West
Coast Subzone
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
This action responds to the best
scientific information available. The
Assistant Administrator for Fisheries,
NOAA (AA), finds that the need to
immediately implement this action to
close the commercial sector to the
harvest of black sea bass 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),
as such procedures would be
unnecessary and contrary to the public
interest. Such procedures would be
unnecessary because the regulations
have already been subject to notice and
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 immediately implement
this action to protect the black sea bass
stock because it is subject to overfishing
and the capacity of the fishing fleet
allows for rapid harvest of the
commercial ACL (commercial quota).
Prior notice and opportunity for public
comment would require time and would
potentially result in a harvest well in
excess of the established commercial
ACL (commercial quota), which would
impede the rebuilding of the stock by
the end of the rebuilding period set at
2016.
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).
This action is taken under 50 CFR
622.43(a) and is exempt from review
under Executive Order 12866.
VerDate Mar<15>2010
DEPARTMENT OF COMMERCE
Jkt 229001
NMFS implements an
accountability measure (AM) for
commercial king mackerel in the
northern Florida west coast subzone of
the eastern zone of the Gulf of Mexico
(Gulf) exclusive economic zone (EEZ)
through this temporary final rule. NMFS
has determined that the commercial
annual catch limit (ACL) (equal to the
commercial quota) for king mackerel in
the northern Florida west coast subzone
of the Gulf EEZ will have been reached
by October 5, 2012. Therefore, NMFS
closes the northern Florida west coast
subzone to commercial king mackerel
fishing in the EEZ. This closure is
necessary to protect the Gulf king
mackerel resource.
DATES: The closure is effective noon,
local time, October 5, 2012, until 12:01
a.m., local time, on July 1, 2013.
FOR FURTHER INFORMATION CONTACT:
Steve Branstetter, 727–824–5305, email:
Steve.Branstetter@noaa.gov.
SUPPLEMENTARY INFORMATION: The
fishery for coastal migratory pelagic fish
(king mackerel, Spanish mackerel, and
cobia) is managed under the Fishery
Management Plan for the Coastal
Migratory Pelagic Resources of the Gulf
of Mexico and South Atlantic (FMP).
The FMP was prepared by the Gulf of
Mexico and South Atlantic Fishery
Management Councils (Councils) and is
implemented under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) by regulations
at 50 CFR part 622.
On April 27, 2000, NMFS
implemented the final rule (65 FR
16336, March 28, 2000) that divided the
Gulf migratory group king mackerel’s
Florida west coast subzone of the Gulf
eastern zone into northern and southern
subzones, and established their separate
SUMMARY:
PO 00000
Frm 00064
Fmt 4700
Sfmt 4700
quotas. The Florida west coast subzone
is that part of the eastern zone located
south and west of 25°20.4′ N. lat. (a line
directly east from the Miami-Dade/
Monroe County, FL boundary) along the
west coast of Florida to 87°31.1′ W.
long. (a line directly south from the
Alabama/Florida boundary). The
Florida west coast subzone is further
divided into northern and southern
subzones. The northern subzone is that
part of the Florida west coast subzone
that is between 26°19.8′ N. lat. (a line
directly west from the Lee/Collier
County, FL boundary) and 87°31.1′ W.
long. (a line directly south from the
Alabama/Florida boundary).
The commercial ACL (commercial
quota) for the Gulf migratory group king
mackerel in the northern Florida west
coast subzone is 197,064 lb (89,397 kg)
(50 CFR 622.42(c)(1)(i)(A)(2)(ii)), for the
current fishing year, July 1, 2012,
through June 30, 2013.
Because 75 percent of the northern
Florida west coast subzone’s quota had
been harvested, NMFS published a
temporary rule on August 30, 2012, to
reduce the trip limit for the commercial
sector of king mackerel in the northern
Florida west coast subzone to 500 lb
(227 kg) of king mackerel per day in or
from the EEZ (77 FR 52623).
Regulations at 50 CFR 622.49(h)(1)(i)
and 50 CFR 622.43(a)(3) require NMFS
to close the commercial sector for Gulf
migratory group king mackerel in the
northern Florida west coast subzone
when the ACL (quota) is reached, or is
projected to be reached, by filing a
notification to that effect with the Office
of the Federal Register. Based on the
best scientific information available,
NMFS has determined the commercial
ACL (commercial quota) of 197,064 lb
(89,397 kg) for Gulf migratory group
king mackerel in the northern Florida
west coast subzone will be reached by
October 5, 2012. Accordingly, the
northern Florida west coast subzone is
closed effective noon, local time,
October 5, 2012, through June 30, 2013,
the end of the fishing year, to
commercial fishing for Gulf migratory
group king mackerel.
Except for a person aboard a charter
vessel or headboat, during the closure,
no person aboard a vessel for which a
commercial permit for king mackerel
has been issued may fish for or retain
Gulf group king mackerel in the EEZ in
the closed zones or subzones. A person
aboard a vessel that has a valid charter
vessel/headboat permit for coastal
migratory pelagic fish may continue to
retain king mackerel in or from the
closed zones or subzones under the bag
and possession limits set forth in 50
CFR 622.39(c)(1)(ii) and (c)(2), provided
E:\FR\FM\05OCR1.SGM
05OCR1
Federal Register / Vol. 77, No. 194 / Friday, October 5, 2012 / Rules and Regulations
the vessel is operating as a charter
vessel or headboat. A charter vessel or
headboat that also has a commercial
king mackerel permit is considered to be
operating as a charter vessel or headboat
when it carries a passenger who pays a
fee or when there are more than three
persons aboard, including operator and
crew.
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 trade
in king mackerel from the closed zones
or subzones that were harvested, landed
ashore, and sold prior to the closure and
were held in cold storage by a dealer or
processor.
pmangrum on DSK3VPTVN1PROD with RULES
Classification
This action responds to the best
scientific information available. The
Assistant Administrator for Fisheries,
NOAA (AA), finds that the need to
VerDate Mar<15>2010
15:07 Oct 04, 2012
Jkt 229001
immediately implement this action to
close the Florida west coast subzone to
commercial king mackerel fishing
constitutes 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) because prior notice
and opportunity for public comment is
unnecessary and contrary to the public
interest. Prior notice and public
comment is unnecessary because the
rule implementing the commercial ACL
(commercial quota) and the associated
requirement for closure of the
commercial harvest when the ACL
(quota) is reached or projected to be
reached has already been subject to
notice and 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
PO 00000
Frm 00065
Fmt 4700
Sfmt 9990
60947
of the need to immediately implement
this action to protect the king mackerel
resource because the capacity of the
fishing fleet allows for rapid harvest of
the quota. Prior notice and opportunity
for public comment would require time
and would potentially result in a
harvest well in excess of the established
quota.
For the aforementioned reasons, the
AA also finds good cause to waive the
30-day delay in the effectiveness of this
action under 5 U.S.C. 553(d)(3).
This action is taken under 50 CFR
622.43(a) and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 2, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2012–24653 Filed 10–2–12; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\05OCR1.SGM
05OCR1
]]>Agencies
[Federal Register Volume 77, Number 194 (Friday, October 5, 2012)]
[Rules and Regulations]
[Pages 60946-60947]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24653]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 001005281-0369-02]
RIN 0648-XC273
Coastal Migratory Pelagic Resources of the Gulf of Mexico and
South Atlantic; 2012-2013 Accountability Measure and Closure for Gulf
King Mackerel in Northern Florida West Coast Subzone
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS implements an accountability measure (AM) for commercial
king mackerel in the northern Florida west coast subzone of the eastern
zone of the Gulf of Mexico (Gulf) exclusive economic zone (EEZ) through
this temporary final rule. NMFS has determined that the commercial
annual catch limit (ACL) (equal to the commercial quota) for king
mackerel in the northern Florida west coast subzone of the Gulf EEZ
will have been reached by October 5, 2012. Therefore, NMFS closes the
northern Florida west coast subzone to commercial king mackerel fishing
in the EEZ. This closure is necessary to protect the Gulf king mackerel
resource.
DATES: The closure is effective noon, local time, October 5, 2012,
until 12:01 a.m., local time, on July 1, 2013.
FOR FURTHER INFORMATION CONTACT: Steve Branstetter, 727-824-5305,
email: Steve.Branstetter@noaa.gov.
SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic
fish (king mackerel, Spanish mackerel, and cobia) is managed under the
Fishery Management Plan for the Coastal Migratory Pelagic Resources of
the Gulf of Mexico and South Atlantic (FMP). The FMP was prepared by
the Gulf of Mexico and South Atlantic Fishery Management Councils
(Councils) and is implemented under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act)
by regulations at 50 CFR part 622.
On April 27, 2000, NMFS implemented the final rule (65 FR 16336,
March 28, 2000) that divided the Gulf migratory group king mackerel's
Florida west coast subzone of the Gulf eastern zone into northern and
southern subzones, and established their separate quotas. The Florida
west coast subzone is that part of the eastern zone located south and
west of 25[deg]20.4' N. lat. (a line directly east from the Miami-Dade/
Monroe County, FL boundary) along the west coast of Florida to
87[deg]31.1' W. long. (a line directly south from the Alabama/Florida
boundary). The Florida west coast subzone is further divided into
northern and southern subzones. The northern subzone is that part of
the Florida west coast subzone that is between 26[deg]19.8' N. lat. (a
line directly west from the Lee/Collier County, FL boundary) and
87[deg]31.1' W. long. (a line directly south from the Alabama/Florida
boundary).
The commercial ACL (commercial quota) for the Gulf migratory group
king mackerel in the northern Florida west coast subzone is 197,064 lb
(89,397 kg) (50 CFR 622.42(c)(1)(i)(A)(2)(ii)), for the current fishing
year, July 1, 2012, through June 30, 2013.
Because 75 percent of the northern Florida west coast subzone's
quota had been harvested, NMFS published a temporary rule on August 30,
2012, to reduce the trip limit for the commercial sector of king
mackerel in the northern Florida west coast subzone to 500 lb (227 kg)
of king mackerel per day in or from the EEZ (77 FR 52623).
Regulations at 50 CFR 622.49(h)(1)(i) and 50 CFR 622.43(a)(3)
require NMFS to close the commercial sector for Gulf migratory group
king mackerel in the northern Florida west coast subzone when the ACL
(quota) is reached, or is projected to be reached, by filing a
notification to that effect with the Office of the Federal Register.
Based on the best scientific information available, NMFS has determined
the commercial ACL (commercial quota) of 197,064 lb (89,397 kg) for
Gulf migratory group king mackerel in the northern Florida west coast
subzone will be reached by October 5, 2012. Accordingly, the northern
Florida west coast subzone is closed effective noon, local time,
October 5, 2012, through June 30, 2013, the end of the fishing year, to
commercial fishing for Gulf migratory group king mackerel.
Except for a person aboard a charter vessel or headboat, during the
closure, no person aboard a vessel for which a commercial permit for
king mackerel has been issued may fish for or retain Gulf group king
mackerel in the EEZ in the closed zones or subzones. A person aboard a
vessel that has a valid charter vessel/headboat permit for coastal
migratory pelagic fish may continue to retain king mackerel in or from
the closed zones or subzones under the bag and possession limits set
forth in 50 CFR 622.39(c)(1)(ii) and (c)(2), provided
[[Page 60947]]
the vessel is operating as a charter vessel or headboat. A charter
vessel or headboat that also has a commercial king mackerel permit is
considered to be operating as a charter vessel or headboat when it
carries a passenger who pays a fee or when there are more than three
persons aboard, including operator and crew.
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 trade in king
mackerel from the closed zones or subzones that were harvested, landed
ashore, and sold prior to the closure and were held in cold storage by
a dealer or processor.
Classification
This action responds to the best scientific information available.
The Assistant Administrator for Fisheries, NOAA (AA), finds that the
need to immediately implement this action to close the Florida west
coast subzone to commercial king mackerel fishing constitutes 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) because prior notice and opportunity for public comment is
unnecessary and contrary to the public interest. Prior notice and
public comment is unnecessary because the rule implementing the
commercial ACL (commercial quota) and the associated requirement for
closure of the commercial harvest when the ACL (quota) is reached or
projected to be reached has already been subject to notice and 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
immediately implement this action to protect the king mackerel resource
because the capacity of the fishing fleet allows for rapid harvest of
the quota. Prior notice and opportunity for public comment would
require time and would potentially result in a harvest well in excess
of the established quota.
For the aforementioned reasons, the AA also finds good cause to
waive the 30-day delay in the effectiveness of this action under 5
U.S.C. 553(d)(3).
This action is taken under 50 CFR 622.43(a) and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 2, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2012-24653 Filed 10-2-12; 4:15 pm]
BILLING CODE 3510-22-P
