Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Reopening of the Commercial Harvest of Gulf King Mackerel in Western Zone, 64888-64889 [2013-25695]
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Federal Register / Vol. 78, No. 210 / Wednesday, October 30, 2013 / Rules and Regulations
Dated: September 24, 2013.
Eric A. Washburn,
Bridge Administrator, Western Rivers.
[FR Doc. 2013–25635 Filed 10–29–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 001005281–0369–02]
RIN 0648–XC928
Coastal Migratory Pelagic Resources
of the Gulf of Mexico and South
Atlantic; Reopening of the Commercial
Harvest of Gulf King Mackerel in
Western Zone
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reopening.
AGENCY:
NMFS reopens the 2013–2014
commercial sector for king mackerel in
the western zone of the Gulf of Mexico
(Gulf) exclusive economic zone (EEZ).
NMFS previously projected that the
commercial annual catch limit (ACL)
(equal to the commercial quota) for king
mackerel in the western zone of the Gulf
EEZ would be reached by September 20,
2013, and closed the western zone of the
Gulf to commercial king mackerel
fishing in the EEZ at noon, local time,
September 20, 2013, until 12:01 a.m.,
local time, on July 1, 2014. However,
updated landings estimates indicate the
commercial ACL (commercial quota) for
king mackerel in the western zone of the
Gulf EEZ has not been reached at this
time. Therefore, NMFS is reopening the
western zone of the Gulf to commercial
king mackerel fishing in the EEZ at
12:01 a.m., local time, on November 1,
2013, until 12:01 a.m., local time, on
November 3, 2013. The intended effect
of this temporary rule is to maximize
harvest benefits for the commercial
sector for Gulf king mackerel in the
western zone.
DATES: The reopening is effective 12:01
a.m., local time, November 1, 2013,
until 12:01 a.m., local time, on
November 3, 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
emcdonald on DSK67QTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
15:50 Oct 29, 2013
Jkt 232001
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 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.
NMFS projected that the commercial
annual catch limit (ACL) (equal to the
commercial quota) for king mackerel in
the western zone of the Gulf EEZ would
be reached on September 20, 2013, and
published a temporary rule to close the
western zone of the Gulf to commercial
king mackerel fishing in the EEZ (78 FR
58248). However, since that closure, the
Science and Research Director has
received additional landings data and
has determined that the commercial
ACL (commercial quota) was not
harvested prior to September 20, 2013.
Therefore, in accordance with 50 CFR
622.8(c), NMFS is reopening the
western zone of the Gulf to commercial
king mackerel fishing in the EEZ at
12:01 a.m., local time, on November 1,
2013, until 12:01 a.m., local time, on
November 3, 2013.
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.
After the commercial sector closes, no
person aboard a vessel for which a
commercial permit for king mackerel
has been issued, except for a person
aboard a charter vessel or headboat, may
fish for or retain Gulf group king
mackerel in the EEZ in the closed zone
(50 CFR 622.384(e)(1)). During the
closure, 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 CER
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
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
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
The Regional Administrator,
Southeast Region, NMFS, has
determined this temporary rule is
necessary for the conservation and
management of Gulf king mackerel and
is consistent with the MagnusonStevens Act and other applicable laws.
This action is taken under 50 CFR
622.8(c) 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 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 are
unnecessary because NMFS previously
determined the commercial ACL
(commercial quota) for king mackerel in
the western zone of the Gulf EEZ would
be reached by September 20, 2013, and
therefore, closed the commercial sector
for king mackerel in the western zone of
the Gulf EEZ at noon, local time, on
September 20, 2013. However, updated
landings estimates indicate the
commercial ACL (commercial quota) for
king mackerel in the western zone of the
Gulf EEZ has not been reached at this
time, and therefore additional harvest is
available in order to achieve optimum
yield. All that remains is to notify the
public that additional harvest is
available under the established
commercial ACL (commercial quota)
and, therefore, the commercial sector for
king mackerel in the western zone of the
Gulf EEZ will reopen.
Prior notice and an opportunity to
comment is contrary to the public
interest because king mackerel is a
migratory species, making the harvest of
the commercial ACL (commercial quota)
for the western zone of the Gulf EEZ
time-sensitive. Reopening quickly will
likely make additional king mackerel
available to consumers and result in
revenue increases to commercial
vessels.
For the aforementioned reasons, the
AA also finds good cause to waive the
E:\FR\FM\30OCR1.SGM
30OCR1
Federal Register / Vol. 78, No. 210 / Wednesday, October 30, 2013 / Rules and Regulations
30-day delay in the effectiveness of this
action under 5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: October 24, 2013.
Kelly Denit,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2013–25695 Filed 10–25–13; 11:15 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 130219149–3397–02]
RIN 0648–BC97
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Emergency Rule Extension,
Georges Bank Yellowtail Flounder and
White Hake Catch Limits and GOM Cod
Carryover Revisions
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary final rule;
emergency action extended.
AGENCY:
This rule extends, pursuant to
NMFS’s emergency authority in the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), the Georges
Bank (GB) yellowtail flounder and white
hake specifications for fishing year (FY)
2013 and the GOM cod sector carryover
reduction that were published on May
3, 2013, which were implemented as
emergency actions concurrently with
the Framework Adjustment (FW) 50
final rule under the Northeast (NE)
Multispecies Fishery Management Plan
(FMP). These measures were scheduled
to expire on October 30, 2013.
Specifically, this temporary rule
maintains the current Acceptable
Biological Catch (ABC) and Annual
Catch Limit (ACL) for GB yellowtail
flounder and white hake, and the 1.85percent allowable carryover of unused
FY 2012 GOM cod Annual Catch
Entitlement (ACE) for sectors for an
additional 183 days, i.e., through the
end of FY 2013 (May 1, 2013, through
April 30, 2014). The need for the
emergency measures is unchanged,
which is to establish FY 2013 catch
limits for GB yellowtail flounder and
white hake based upon the best
available scientific information, and to
reduce available carryover of unused FY
2012 GOM cod ACE for sectors. The
emcdonald on DSK67QTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
15:50 Oct 29, 2013
Jkt 232001
intended effect of the emergency
measures is to prevent overfishing on
GB yellowtail flounder and GOM cod,
and to incorporate the best available
science into the management of white
hake.
DATES: This rule is effective October 30,
2013, through April 30, 2014.
The expiration date of the emergency
measures for GB yellowtail flounder and
white hake specifications, and GOM cod
carryover in the preamble of the final
rule published May 3, 2013, (78 FR
26172) is extended through April 30,
2014.
ADDRESSES: Copies of Framework 50,
associated emergency rules, and other
measures, the environmental assessment
(EA), its Regulatory Impact Review
(RIR), and the Final Regulatory
Flexibility Act (FRFA) analysis prepared
by the New England Fishery
Management Council (Council) and
NMFS are available from John K.
Bullard, Regional Administrator, NMFS
Northeast Regional Office (NERO), 55
Great Republic Drive, Gloucester, MA
01930. The FRFA analysis consists of
the FRFA, public comments and
responses, and the summary of impacts
and alternatives contained in the final
rule for Framework 50, Associated
Emergency Rules, and Other Measures.
The EA/RIR/FRFA is also accessible via
the Internet at: https://
www.nero.noaa.gov/sfd/sfdmulti.html.
FOR FURTHER INFORMATION CONTACT:
Melissa Hooper, Fishery Policy Analyst,
(978) 281–9166, fax (978) 281–9135.
SUPPLEMENTARY INFORMATION:
Background
This temporary final rule extends the
revised GB yellowtail flounder and
white hake catch limits and GOM cod
carryover implemented through
emergency authority in the MagnusonStevens Act, as published in the
Framework 50 final rule on May 3,
2013, to maintain those measures
through the end of FY 2013 (April 30,
2014). The May 3, 2013, final rule (78
FR 26172) included detailed
information on the background, reasons,
and justification to revise through
emergency action, the GB yellowtail
flounder and white hake catch limits
from those originally proposed in the
Framework 50 proposed rule (78 FR
19368; March 29, 2013) and from the
standard 10-percent allowable carryover
for GOM cod. That information is not
repeated here.
Section 305(c) of the MagnusonStevens Act allows for the extension of
an emergency action, which is
otherwise effective for up to 180 days,
for up to another 186 days, provided
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
64889
that certain criteria are met: (1) The
public has had an opportunity to
comment on the emergency regulation,
and (2) in the case of a Council
recommendation for emergency action,
the Council is actively developing an
FMP amendment or regulations to
address the emergency or overfishing on
a permanent basis. NMFS accepted
public comment on the emergency
measures in the final rule through June
17, 2013, but no comments were
submitted. Because these extensions do
not change the measures already in
place, we are not accepting additional
public comment on their extension,
NMFS has determined that all the
necessary criteria have been met and,
therefore, is extending these emergency
measures.
1. FY 2013 GB Yellowtail Flounder ABC
The emergency specifications
extended through this final rule are the
revised GB yellowtail flounder catch
limits for FY 2013, as follows: A U.S.
Overfishing Limit (OFL) of 882 mt; a
U.S. ABC of 215 mt; a total ACL of 208.5
mt; a groundfish sub-ACL of 116.8 mt;
a scallop fishery sub-ACL of 83.4 mt; a
small-mesh fisheries sub-ACL of 4.0 mt;
and an Other ACL sub-component of 4.3
mt. The initial emergency action
modified GB yellowtail flounder catch
limits from those originally proposed
based on a determination that the
Framework 50 proposed catch limits
were not based upon the Council’s
Scientific and Statistical Committee
(SSC) recommendation, were not
consistent with the best available
scientific information, and had a high
likelihood of resulting in overfishing.
Although the Framework 50 final rule
contained preliminary information
regarding the more specific components
of the groundfish sub-ACL (the division
of the groundfish sub-ACL between
sectors and the common pool and the
Incidental Catch Total Allowable
Catches for common pool vessels), it did
not implement the final specification of
these components (and this rule does
not need to address those aspects of the
FMP). The components of the GB
yellowtail flounder groundfish sub-ACL
are specified in the final rule that
adjusted the FY 2013 groundfish subACL components for all stocks (78 FR
34928; June 11, 2013).
2. FY 2013 White Hake ABC
The emergency specifications
extended through this final rule are the
revised white hake catch limits for FY
2013, as follows: A U.S. OFL of 5,462
mt; a U.S. ABC of 4,177 mt; a total ACL
of 3,974 mt; a groundfish sub-ACL of
3,849 mt; a state waters sub-component
E:\FR\FM\30OCR1.SGM
30OCR1
]]>Agencies
[Federal Register Volume 78, Number 210 (Wednesday, October 30, 2013)]
[Rules and Regulations]
[Pages 64888-64889]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25695]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 001005281-0369-02]
RIN 0648-XC928
Coastal Migratory Pelagic Resources of the Gulf of Mexico and
South Atlantic; Reopening of the Commercial Harvest of Gulf King
Mackerel in Western Zone
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; reopening.
-----------------------------------------------------------------------
SUMMARY: NMFS reopens the 2013-2014 commercial sector for king mackerel
in the western zone of the Gulf of Mexico (Gulf) exclusive economic
zone (EEZ). NMFS previously projected that the commercial annual catch
limit (ACL) (equal to the commercial quota) for king mackerel in the
western zone of the Gulf EEZ would be reached by September 20, 2013,
and closed the western zone of the Gulf to commercial king mackerel
fishing in the EEZ at noon, local time, September 20, 2013, until 12:01
a.m., local time, on July 1, 2014. However, updated landings estimates
indicate the commercial ACL (commercial quota) for king mackerel in the
western zone of the Gulf EEZ has not been reached at this time.
Therefore, NMFS is reopening the western zone of the Gulf to commercial
king mackerel fishing in the EEZ at 12:01 a.m., local time, on November
1, 2013, until 12:01 a.m., local time, on November 3, 2013. The
intended effect of this temporary rule is to maximize harvest benefits
for the commercial sector for Gulf king mackerel in the western zone.
DATES: The reopening is effective 12:01 a.m., local time, November 1,
2013, until 12:01 a.m., local time, on November 3, 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 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.
NMFS projected that the commercial annual catch limit (ACL) (equal
to the commercial quota) for king mackerel in the western zone of the
Gulf EEZ would be reached on September 20, 2013, and published a
temporary rule to close the western zone of the Gulf to commercial king
mackerel fishing in the EEZ (78 FR 58248). However, since that closure,
the Science and Research Director has received additional landings data
and has determined that the commercial ACL (commercial quota) was not
harvested prior to September 20, 2013. Therefore, in accordance with 50
CFR 622.8(c), NMFS is reopening the western zone of the Gulf to
commercial king mackerel fishing in the EEZ at 12:01 a.m., local time,
on November 1, 2013, until 12:01 a.m., local time, on November 3, 2013.
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.
After the commercial sector closes, no person aboard a vessel for
which a commercial permit for king mackerel has been issued, except for
a person aboard a charter vessel or headboat, may fish for or retain
Gulf group king mackerel in the EEZ in the closed zone (50 CFR
622.384(e)(1)). During the closure, 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 CER 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
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
Gulf king mackerel and is consistent with the Magnuson-Stevens Act and
other applicable laws.
This action is taken under 50 CFR 622.8(c) 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 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 are
unnecessary because NMFS previously determined the commercial ACL
(commercial quota) for king mackerel in the western zone of the Gulf
EEZ would be reached by September 20, 2013, and therefore, closed the
commercial sector for king mackerel in the western zone of the Gulf EEZ
at noon, local time, on September 20, 2013. However, updated landings
estimates indicate the commercial ACL (commercial quota) for king
mackerel in the western zone of the Gulf EEZ has not been reached at
this time, and therefore additional harvest is available in order to
achieve optimum yield. All that remains is to notify the public that
additional harvest is available under the established commercial ACL
(commercial quota) and, therefore, the commercial sector for king
mackerel in the western zone of the Gulf EEZ will reopen.
Prior notice and an opportunity to comment is contrary to the
public interest because king mackerel is a migratory species, making
the harvest of the commercial ACL (commercial quota) for the western
zone of the Gulf EEZ time-sensitive. Reopening quickly will likely make
additional king mackerel available to consumers and result in revenue
increases to commercial vessels.
For the aforementioned reasons, the AA also finds good cause to
waive the
[[Page 64889]]
30-day delay in the effectiveness of this action under 5 U.S.C.
553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: October 24, 2013.
Kelly Denit,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-25695 Filed 10-25-13; 11:15 am]
BILLING CODE 3510-22-P
