Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; 2013-2014 Accountability Measure and Closure for Gulf King Mackerel in Western Zone, 58248-58249 [2013-23070]
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58248
Federal Register / Vol. 78, No. 184 / Monday, September 23, 2013 / Rules and Regulations
the Commonwealth of the Northern
Mariana Islands according to the
following criteria:
(i) Vessels included under the
arrangement must be registered for use
with valid permits issued under the
Fishery Ecosystem Plan for Pacific
Pelagic Fisheries of the Western Pacific
Region;
(ii) The arrangement must not impose
any requirements regarding where the
vessels included in the arrangement
must fish or land their catch;
(iii) The arrangement must be signed
by the owners of all the vessels included
in the arrangement or their designated
representative(s);
(iv) The arrangement must be signed
by an authorized official of American
Samoa, Guam, or the Commonwealth of
the Northern Mariana Islands or his or
her designated representative(s); and
(v) The arrangement must be funded
by deposits to the Western Pacific
Sustainable Fisheries Fund in support
of fisheries development projects
identified in the Marine Conservation
Plan of American Samoa, Guam, or the
Commonwealth of the Northern Mariana
Islands adopted pursuant to section 204
of the Magnuson-Stevens Fishery
Conservation and Management Act.
(4) NMFS will notify the parties to the
arrangement or their designated
representative(s) within 14 days of
receiving a copy of the arrangement, if
the arrangement does not meet the
criteria specified in paragraph (g)(3) of
this section.
[FR Doc. 2013–23106 Filed 9–20–13; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 001005281–0369–02]
RIN 0648–XC868
Coastal Migratory Pelagic Resources
of the Gulf of Mexico and South
Atlantic; 2013–2014 Accountability
Measure and Closure for Gulf King
Mackerel in Western Zone
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
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AGENCY:
NMFS implements an
accountability measure (AM) for
commercial king mackerel in the
western zone of the Gulf of Mexico
SUMMARY:
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19:25 Sep 20, 2013
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(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 western zone of the Gulf EEZ will
have been reached by September 20,
2013. Therefore, NMFS closes the
western zone of the Gulf 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, September 20, 2013, until
12:01 a.m., local time, on July 1, 2014.
FOR FURTHER INFORMATION CONTACT:
Susan Gerhart, 727–824–5305, email:
Susan.Gerhart@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.
The commercial ACL (commercial
quota) for the Gulf migratory group king
mackerel in the western zone is
1,071,360 lb (485,961 kg) (76 FR 82058,
December 29, 2011), for the current
fishing year, July 1, 2013, through June
30, 2014.
Regulations at 50 CFR 622.388(a)(1)
require NMFS to close the commercial
sector for Gulf migratory group king
mackerel in the western zone 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 1,071,360 lb
(485,961 kg) for Gulf migratory group
king mackerel in the western zone will
be reached by September 20, 2013.
Accordingly, the western zone is closed
to commercial fishing for Gulf group
king mackerel effective noon, local time,
September 20, 2013, through June 30,
2014, the end of the fishing year. The
Gulf group king mackerel western zone
begins at the United States/Mexico
border (near Brownsville, Texas) and
continues to the boundary between the
eastern and western zones at 87°31.1′ W.
long., which is a line directly south
from the Alabama/Florida boundary.
Except for a person aboard a charter
vessel or headboat, during the closure,
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Fmt 4700
Sfmt 4700
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 zone (50 CFR 622.384(e)(1)).
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 622.382(a)(1)(ii) and
(a)(2), provided the vessel is operating
as a charter vessel or headboat (50 CFR
622.384(e)(2)). 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 zone
that were harvested, landed ashore, and
sold prior to the closure and were held
in cold storage by a dealer or processor
(50 CFR 622.384(e)(3)).
Classification
This action responds to the best
scientific information available. The
Assistant Administrator for Fisheries,
NOAA (AA), finds 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) as such prior notice
and opportunity for public comment is
unnecessary and contrary to the public
interest. Such procedures would be
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
stock 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
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Federal Register / Vol. 78, No. 184 / Monday, September 23, 2013 / Rules and Regulations
30-day delay in the effectiveness of this
action under 5 U.S.C. 553(d)(3).
This action is taken under 50 CFR
622.384(e)(3) and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 18, 2013.
Emily H. Menashes,
Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2013–23070 Filed 9–18–13; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 130403321–3803–02]
RIN 0648–BD16
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery Off the Southern
Atlantic States; Regulatory
Amendment 19
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues this final rule to
implement management measures for
black sea bass described in Regulatory
Amendment 19 to the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP), as prepared by the South
Atlantic Fishery Management Council
(Council). Regulatory Amendment 19
specifies the acceptable biological catch
(ABC), and the amendment and this
final rule revise the optimum yield
(OY), the commercial and recreational
annual catch limits (ACLs), and the
recreational annual catch target (ACT)
for black sea bass harvested in or from
the South Atlantic exclusive economic
zone (EEZ). This final rule also
establishes an annual prohibition on the
use of black sea bass pots in the South
Atlantic from November 1 through April
30. The purpose of this rule is to
provide socio-economic benefits to
snapper-grouper fishermen and
communities that utilize the snappergrouper resource, while maintaining
fishing mortality at sustainable levels
according to the best scientific
information available. The rule also
prevents interactions between black sea
bass pot gear and whales listed under
the Endangered Species Act (ESA)
during periods of large whale migrations
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SUMMARY:
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19:25 Sep 20, 2013
Jkt 229001
and during the northern right whale
calving season off of the southeastern
coast.
DATES: This rule is effective October 23,
2013 except for the amendments to
§§ 622.190(a)(5) and 622.193(e)(2)
which are effective September 23, 2013.
ADDRESSES: Electronic copies of
Regulatory Amendment 19, which
includes an environmental assessment,
a Regulatory Flexibility Act analysis,
and a regulatory impact review, may be
obtained from the Southeast Regional
Office Web site at https://
sero.nmfs.noaa.gov/sf/pdfs/
SGRegAmend19.pdf.
FOR FURTHER INFORMATION CONTACT: Rick
DeVictor, Southeast Regional Office,
telephone: 727–824–5305, or email:
rick.devictor@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic, which includes black sea bass,
is managed under the FMP. The FMP
was prepared by the Council and is
implemented through regulations at 50
CFR part 622 under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
On July 2, 2013, NMFS published a
proposed rule for Regulatory
Amendment 19 and requested public
comment (78 FR 39700). The proposed
rule and Regulatory Amendment 19
outline the rationale for the actions
contained in this final rule. A summary
of the actions implemented by this final
rule is provided below.
Management Measures Contained in
This Final Rule
This final rule revises the commercial
and recreational ACLs for black sea bass
harvested in or from the South Atlantic
EEZ and establishes an annual
prohibition on the use of black sea bass
pots in the South Atlantic from
November 1 through April 30.
Black Sea Bass ACLs
For black sea bass, Regulatory
Amendment 19 changes the ACL and
revises the ACL and OY formula from
OY = ABC = ACL to OY = ACL. For 3
consecutive fishing years beginning in
2013–2014, and including 2014–2015
and 2015–2016, the Council set the ACL
value equal to the 2015–2016 fishing
year ABC value, which is 1,814,000 lb
(822,817 kg). Beginning with the 2016–
2017 fishing year, the stock ACL value
would be decreased to the yield at 75
percent FMSY, which equals 1,756,450 lb
(796,712 kg), round weight.
This final rule revises the commercial
ACL from the current 309,000 lb
(140,160 kg), gutted weight, 364,620 lb
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58249
(165,389 kg), round weight, to: 661,034
lb (299,840 kg), gutted weight, 780,020
lb (353,811 kg), round weight for the
2013–2014, 2014–2015, and 2015–2016
fishing years; and 640,063 lb (290,328
kg), gutted weight, 755,274 lb (342,587
kg), round weight, for the 2016–2017
fishing year and subsequent fishing
years. The recreational ACL is revised
from the current 409,000 lb (185,519
kg), gutted weight; 482,620 lb (218,913
kg), round weight, to: 876,254 lb
(397,462 kg), gutted weight, 1,033,980 lb
(469,005 kg), round weight for the 2013–
2014, 2014–2015, and 2015–2016
fishing years; and 848,455 lb (384,853
kg), gutted weight, 1,001,177 lb (454,126
kg), round weight, for the 2016–2017
fishing year and subsequent fishing
years.
Black Sea Bass Pot Gear Seasonal
Prohibition
This rule establishes a prohibition on
the use of black sea bass pots from
November 1 through April 30, each
year. The large whale migration period
and the right whale calving season in
the South Atlantic extends from
approximately November 1 through
April 30, each year. Since 2010, black
sea bass harvest levels have reached the
commercial ACL, triggering
accountability measures (AMs) to close
the commercial sector. Because these inseason commercial AM closures have
occurred prior to November 1, actions to
prevent black sea bass pot gear from
being in the water during the higher
whale concentration time period have
been unnecessary. However, NMFS has
determined that the increase in the
commercial ACL contained in this rule
could extend the commercial black sea
bass fishing season beyond November 1
and into a time period when a higher
concentration of endangered whales are
known to migrate through black sea bass
fishing grounds.
The seasonal sea bass pot prohibition
is a precautionary measure to prevent
interactions between black sea bass pot
gear and whales during large whale
migrations and during the right whale
calving season off the U.S. southeastern
coast. During this closure, no person is
allowed to harvest or possess black sea
bass in or from the South Atlantic EEZ
either with sea bass pots or from a
vessel with sea bass pots on board. In
addition, sea bass pots must be removed
from the water in the South Atlantic
EEZ before November 1, and may not be
on board a vessel in the South Atlantic
EEZ during this closure.
E:\FR\FM\23SER1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 184 (Monday, September 23, 2013)]
[Rules and Regulations]
[Pages 58248-58249]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23070]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 001005281-0369-02]
RIN 0648-XC868
Coastal Migratory Pelagic Resources of the Gulf of Mexico and
South Atlantic; 2013-2014 Accountability Measure and Closure for Gulf
King Mackerel in Western Zone
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 western 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 western zone of the Gulf
EEZ will have been reached by September 20, 2013. Therefore, NMFS
closes the western zone of the Gulf 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, September 20, 2013,
until 12:01 a.m., local time, on July 1, 2014.
FOR FURTHER INFORMATION CONTACT: Susan Gerhart, 727-824-5305, email:
Susan.Gerhart@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.
The commercial ACL (commercial quota) for the Gulf migratory group
king mackerel in the western zone is 1,071,360 lb (485,961 kg) (76 FR
82058, December 29, 2011), for the current fishing year, July 1, 2013,
through June 30, 2014.
Regulations at 50 CFR 622.388(a)(1) require NMFS to close the
commercial sector for Gulf migratory group king mackerel in the western
zone 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 1,071,360 lb
(485,961 kg) for Gulf migratory group king mackerel in the western zone
will be reached by September 20, 2013. Accordingly, the western zone is
closed to commercial fishing for Gulf group king mackerel effective
noon, local time, September 20, 2013, through June 30, 2014, the end of
the fishing year. The Gulf group king mackerel western zone begins at
the United States/Mexico border (near Brownsville, Texas) and continues
to the boundary between the eastern and western zones at 87[deg]31.1'
W. long., which is a line directly south from the Alabama/Florida
boundary.
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 zone (50 CFR 622.384(e)(1)). 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 622.382(a)(1)(ii) and (a)(2), provided the
vessel is operating as a charter vessel or headboat (50 CFR
622.384(e)(2)). 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 zone that were harvested, landed ashore, and
sold prior to the closure and were held in cold storage by a dealer or
processor (50 CFR 622.384(e)(3)).
Classification
This action responds to the best scientific information available.
The Assistant Administrator for Fisheries, NOAA (AA), finds 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) as such prior notice and opportunity for public comment is
unnecessary and contrary to the public interest. Such procedures would
be 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 stock
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
[[Page 58249]]
30-day delay in the effectiveness of this action under 5 U.S.C.
553(d)(3).
This action is taken under 50 CFR 622.384(e)(3) and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 18, 2013.
Emily H. Menashes,
Deputy Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2013-23070 Filed 9-18-13; 4:15 pm]
BILLING CODE 3510-22-P
