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, 3495-3496 [2015-01151]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 80, Number 15 (Friday, January 23, 2015)]
[Rules and Regulations]
[Pages 3495-3496]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01151]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02]
RIN 0648-XD717


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 in the hook-and-line component of 
the commercial sector for king mackerel in the southern Florida west 
coast 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 king mackerel resource in the Gulf of Mexico 
(Gulf).

DATES: This rule is effective 12:01 a.m., local time, January 24, 2015, 
through June 30, 2015, unless NMFS publishes a superseding document in 
the Federal Register.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, NMFS Southeast Regional 
Office, 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 Atlantic Region (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. The Gulf's eastern zone for king mackerel is further 
divided into the Florida west coast northern and southern subzones that 
have separate commercial quotas. The 2014 to 2015 fishing year quota 
for the hook-and-line component of the commercial sector in the 
southern Florida west coast subzone is 551,448 lb (250,133 kg) (50 CFR 
622.384(b)(1)(i)(B)(1)) (76 FR 82058, December 29, 2011).
    In accordance with 50 CFR 622.385(a)(2)(ii)(B)(2), from the date 
that 75 percent of the southern Florida west

[[Page 3496]]

coast subzone's hook-and-line gear quota has been harvested until a 
closure of the subzone's commercial sector of the hook-and-line 
component 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 hook-and-line gear quota 
for Gulf group king mackerel from the southern Florida west coast 
subzone will be harvested by January 24, 2015. Accordingly, a 500-lb 
(227-kg) trip limit applies to 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 effective 12:01 a.m., local time, 
January 24, 2015. The 500-lb (227-kg) trip limit will remain in effect 
until the component closes or until the end of the current fishing year 
(June 30, 2015), whichever occurs first.
    From November 1 through March 31, the southern subzone encompasses 
an area of the EEZ south of a line extending due west of the Lee and 
Collier County, FL, boundary on the Florida west coast, and south of a 
line extending due east of the Monroe and Miami-Dade County, FL, 
boundary on the Florida east coast, which includes the EEZ off Collier 
and Monroe Counties, FL. From April 1 through October 31, the southern 
subzone is reduced to the EEZ off Collier County, and the EEZ off 
Monroe County becomes part of the Atlantic migratory group area.

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 
622.385(a)(2)(iii) 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 that the 
need to immediately implement this trip limit reduction for 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), because prior notice and opportunity for public comment on 
this temporary rule is unnecessary and contrary to the public interest. 
Such procedures are unnecessary because the commercial trip limit for 
hook-and-line gear at 50 CFR 622.385(a)(2)(ii)(B) has already has been 
subject to notice and comment, and all that remains is to notify the 
public of the trip limit reduction. They are contrary to the public 
interest because there is a need to immediately implement this action 
to protect the king mackerel resource, since the capacity of the 
fishing fleet allows for rapid harvest of the quota. Prior notice and 
opportunity for public comment on this action 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: January 20, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-01151 Filed 1-20-15; 4:15 pm]
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