Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Trip Limit Reduction, 61585-61586 [2014-24358]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 79, Number 198 (Tuesday, October 14, 2014)]
[Rules and Regulations]
[Pages 61585-61586]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24358]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 101206604-1758-02]
RIN 0648-X100714b


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South 
Atlantic; Trip Limit Reduction

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 trip limit for the commercial sector of king 
mackerel in the eastern zone of the Gulf of Mexico (Gulf) in the 
Florida west coast northern subzone to 500 lb (227 kg) of king mackerel 
per day in or from the exclusive economic zone (EEZ). This trip limit 
reduction is necessary to protect the Gulf king mackerel resource.

DATES: This rule is effective 12:01 a.m., local time, October 13, 2014, 
through June 30, 2015, unless changed by further notice in the Federal 
Register.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 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 Gulf migratory group king mackerel is divided into western and 
eastern zones. On April 27, 2000, NMFS implemented the final rule (65 
FR 16336, March 28, 2000) that further divided the Gulf eastern zone's 
Florida west coast subzone into northern and southern subzones, and 
established their separate quotas. The December 29, 2011 (76 FR 82058), 
final rule specified the quota for the Florida west coast northern 
subzone at 178,848 lb (81,124 kg) (50 CFR 622.384(b)(1)(i)(B)(2)).
    The regulations at 50 CFR 622.385(a)(2)(ii)(B)(2), provide that 
when 75 percent of the Florida west coast northern subzone's quota has 
been harvested until a closure of the subzone has been effected or the 
fishing year ends, king mackerel in or from the EEZ may be possessed on 
board or landed from a permitted vessel in amounts not exceeding 500 lb 
(227 kg) per day.
    NMFS has projected that 75 percent of the quota for Gulf migratory 
group king mackerel from the Florida west coast northern subzone has 
been reached. Accordingly, a 500-lb (227-kg) trip limit applies to 
vessels with a commercial permit for king mackerel that possess or land 
king mackerel in or from the EEZ in the Florida west coast northern 
subzone effective 12:01 a.m., local time, October 13, 2014. The 500-lb 
(227-kg) trip limit will remain in effect until the subzone closes or 
until the end of the current fishing year (June 30, 2015), whichever 
occurs first.
    The Florida west coast northern subzone is that part of the EEZ 
between 26[deg]19.8' N. latitude (a line directly west from the 
boundary between Lee and Collier Counties, FL) and 87[deg]31.1' W. 
longitude (a line directly south from the state boundary of Alabama and 
Florida).

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
Gulf migratory group king mackerel and is consistent with the Magnuson-
Stevens Act and other applicable laws.
    This action is taken under 50 CFR 622.385(a)(2)(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 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

[[Page 61586]]

interest. Such procedures would be unnecessary because the rule 
implementing the trip limit reductions when 75 percent of the quota has 
been or projected to be reached has already been subject to notice and 
comment, and all that remains is to notify the public of the trip limit 
reduction. 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 30-day delay in effectiveness of this action under 5 U.S.C. 
553(d)(3).

    Authority:  16 U.S.C. 1801 et seq.

    Dated: October 8, 2014.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-24358 Filed 10-8-14; 4:15 pm]
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