Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2013 Commercial Accountability Measure and Closure for Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic, 16817-16818 [2013-06284]
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Federal Register / Vol. 78, No. 53 / Tuesday, March 19, 2013 / Rules and Regulations
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[FR Doc. 2013–06316 Filed 3–18–13; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 001005281–0369–02]
RIN 0648–XC570
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; 2013
Commercial Accountability Measure
and Closure for Coastal Migratory
Pelagic Resources of the Gulf of
Mexico and South Atlantic
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements an
accountability measure (AM) to close
the hook-and-line component of the
commercial sector for king mackerel in
the southern Florida west coast
subzone. This closure is necessary to
protect the Gulf of Mexico (Gulf) king
mackerel resource.
DATES: This rule is effective 12:01 a.m.,
local time, March 17, 2013, through
June 30, 2013.
FOR FURTHER INFORMATION CONTACT:
Steve Branstetter, telephone 727–824–
5305, email Steve.Branstetter@noaa.gov.
SUPPLEMENTARY INFORMATION: The
fishery for coastal migratory pelagic fish
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:13 Mar 18, 2013
Jkt 229001
(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
Florida west coast subzone of the Gulf
eastern zone into northern and southern
subzones, and established their separate
commercial annual catch limits (ACLs),
equal to commercial quotas. The 2012 to
2013 fishing year ACL (quota) for the
hook-and-line component of the
commercial sector for king mackerel in
the southern Florida west coast subzone
is 607,614 lb (275,609 kg) (50 CFR
622.42(c)(1)(i)(A)(2)(i)).
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′06″ W.
long. (a line directly south from the
Alabama/Florida boundary). The
Florida west coast subzone is further
divided into northern and southern
subzones. From November 1 through
March 31, the southern subzone is
designated as the area extending south
and west from 25°20.4′ N. lat. to
26°19.8′ N. lat. (a line directly west from
the Lee/Collier County, Florida,
boundary), i.e., the area off Collier and
Monroe Counties. Beginning April 1, the
southern subzone is reduced to the area
off Collier County, Florida, between
25°48′ N. lat. and 26°19.8′ N. lat.
On March 12, 2013, NMFS
implemented a 500-lb (227-kg) trip limit
for vessels in the hook-and-line
component of the commercial sector for
king mackerel in or from the EEZ in the
southern Florida west coast subzone (78
FR 15642, March 12, 2013).
Under 50 CFR 622.43(a), NMFS is
required to close any component of the
king mackerel commercial sector when
its ACL (quota) has been reached, or is
projected to be reached, by filing a
notification at the Office of the Federal
Register. NMFS has determined the ACL
(quota) for hook-and-line component of
the commercial sector for Gulf migratory
group king mackerel in the southern
Florida west coast subzone will be
reached by March 17, 2013.
Accordingly, the hook-and-line
component of the commercial sector for
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
16817
Gulf migratory group king mackerel in
the southern Florida west coast subzone
is closed effective 12:01 a.m., local time,
March 17, 2013, through June 30, 2013,
the end of the fishing year.
During the closure period, no person
aboard a vessel for which a commercial
permit for king mackerel has been
issued may use hook-and-line gear to
harvest or possess Gulf migratory group
king mackerel in or from Federal waters
of the closed subzone. There is one
exception, however, for a person aboard
a charter vessel or headboat. A person
aboard a vessel that has a valid charter/
headboat permit and also has a
commercial king mackerel permit for
coastal migratory pelagic fish may
continue to retain king mackerel in or
from the closed subzone under the 2fish daily bag limit, provided the vessel
is operating as a charter vessel or
headboat. Charter vessels or headboats
that hold a commercial king mackerel
permit are considered to be operating as
a charter vessel or headboat when they
carry a passenger who pays a fee or
when more than three persons are
aboard, including operator and crew.
Classification
The Regional Administrator,
Southeast Region, NMFS, has
determined this temporary rule is
necessary for the conservation and
management of the Gulf king mackerel
resource and is consistent with the
Magnuson-Stevens Act and other
applicable laws.
This action is taken under 50 CFR
622.43(a) 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
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA,
(AA), finds that the need to immediately
implement this action to close the hookand-line component of the commercial
sector 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 rule
itself already has been subject to notice
and comment, and all that remains is to
notify the public of the closure.
Allowing prior notice and
opportunity for public comment is
contrary to the public interest because
of the need to immediately implement
E:\FR\FM\19MRR1.SGM
19MRR1
16818
Federal Register / Vol. 78, No. 53 / Tuesday, March 19, 2013 / Rules and Regulations
tkelley on DSK3SPTVN1PROD with RULES
this action to protect the fishery since
the capacity of the fishing fleet allows
for rapid harvest of the ACL (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.
VerDate Mar<15>2010
16:13 Mar 18, 2013
Jkt 229001
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.
PO 00000
Frm 00042
Fmt 4700
Sfmt 9990
Authority: 16 U.S.C. 1801 et seq.
Dated: March 14, 2013.
Kara Meckley,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2013–06284 Filed 3–14–13; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\19MRR1.SGM
19MRR1
]]>Agencies
[Federal Register Volume 78, Number 53 (Tuesday, March 19, 2013)]
[Rules and Regulations]
[Pages 16817-16818]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06284]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 001005281-0369-02]
RIN 0648-XC570
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2013 Commercial Accountability Measure and Closure for Coastal
Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS implements an accountability measure (AM) to close the
hook-and-line component of the commercial sector for king mackerel in
the southern Florida west coast subzone. This closure is necessary to
protect the Gulf of Mexico (Gulf) king mackerel resource.
DATES: This rule is effective 12:01 a.m., local time, March 17, 2013,
through June 30, 2013.
FOR FURTHER INFORMATION CONTACT: Steve Branstetter, telephone 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 Florida west coast subzone of the Gulf
eastern zone into northern and southern subzones, and established their
separate commercial annual catch limits (ACLs), equal to commercial
quotas. The 2012 to 2013 fishing year ACL (quota) for the hook-and-line
component of the commercial sector for king mackerel in the southern
Florida west coast subzone is 607,614 lb (275,609 kg) (50 CFR
622.42(c)(1)(i)(A)(2)(i)).
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]31'06'' W. long. (a line directly south from the
Alabama/Florida boundary). The Florida west coast subzone is further
divided into northern and southern subzones. From November 1 through
March 31, the southern subzone is designated as the area extending
south and west from 25[deg]20.4' N. lat. to 26[deg]19.8' N. lat. (a
line directly west from the Lee/Collier County, Florida, boundary),
i.e., the area off Collier and Monroe Counties. Beginning April 1, the
southern subzone is reduced to the area off Collier County, Florida,
between 25[deg]48' N. lat. and 26[deg]19.8' N. lat.
On March 12, 2013, NMFS implemented a 500-lb (227-kg) trip limit
for vessels in the hook-and-line component of the commercial sector for
king mackerel in or from the EEZ in the southern Florida west coast
subzone (78 FR 15642, March 12, 2013).
Under 50 CFR 622.43(a), NMFS is required to close any component of
the king mackerel commercial sector when its ACL (quota) has been
reached, or is projected to be reached, by filing a notification at the
Office of the Federal Register. NMFS has determined the ACL (quota) for
hook-and-line component of the commercial sector for Gulf migratory
group king mackerel in the southern Florida west coast subzone will be
reached by March 17, 2013. Accordingly, the hook-and-line component of
the commercial sector for Gulf migratory group king mackerel in the
southern Florida west coast subzone is closed effective 12:01 a.m.,
local time, March 17, 2013, through June 30, 2013, the end of the
fishing year.
During the closure period, no person aboard a vessel for which a
commercial permit for king mackerel has been issued may use hook-and-
line gear to harvest or possess Gulf migratory group king mackerel in
or from Federal waters of the closed subzone. There is one exception,
however, for a person aboard a charter vessel or headboat. A person
aboard a vessel that has a valid charter/headboat permit and also has a
commercial king mackerel permit for coastal migratory pelagic fish may
continue to retain king mackerel in or from the closed subzone under
the 2-fish daily bag limit, provided the vessel is operating as a
charter vessel or headboat. Charter vessels or headboats that hold a
commercial king mackerel permit are considered to be operating as a
charter vessel or headboat when they carry a passenger who pays a fee
or when more than three persons are aboard, including operator and
crew.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
the Gulf king mackerel resource and is consistent with the Magnuson-
Stevens Act and other applicable laws.
This action is taken under 50 CFR 622.43(a) 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 available information recently
obtained from the fishery. The Assistant Administrator for Fisheries,
NOAA, (AA), finds that the need to immediately implement this action to
close the hook-and-line component of the commercial sector 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 rule itself already has been subject to notice and comment, and all
that remains is to notify the public of the closure.
Allowing prior notice and opportunity for public comment is
contrary to the public interest because of the need to immediately
implement
[[Page 16818]]
this action to protect the fishery since the capacity of the fishing
fleet allows for rapid harvest of the ACL (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 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.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 14, 2013.
Kara Meckley,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-06284 Filed 3-14-13; 4:15 pm]
BILLING CODE 3510-22-P
