Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; 2015-2016 Accountability Measure and Closure for King Mackerel in the Florida West Coast Northern Subzone, 74001-74002 [2015-30192]
Download as PDF
<![CDATA[
mstockstill on DSK4VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Rules and Regulations
Federal rules have been identified. In
addition, no new reporting, recordkeeping, or other compliance
requirements are introduced by this
final rule.
The Chief Counsel for Regulation of
the Department of Commerce (DOC)
certified to the Chief Counsel for
advocacy of the Small Business
Administration (SBA) during the
proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for this
determination was published in the
proposed rule and is not repeated here.
NMFS received no significant comments
regarding the certification. However,
one general comment on the expected
economic effects of this rule is
addressed in the Comments and
Response section of this rule. As a
result, a final regulatory flexibility
analysis was not required and was not
prepared.
As discussed in the background
section of this final rule, this rule also
re-inserts a sentence of regulatory text
originally published in the final rule
implementing Amendment 40 (80 FR
22422, April 22, 2015). The regulatory
text was inadvertently omitted in a
subsequent correcting amendment (80
FR 58219, September 28, 2015) to a final
rule that implemented a framework
amendment for red snapper in the Gulf
reef fish fishery (80 FR 24832, May 1,
2015). The DOC Chief Counsel for
Regulation certified to the Chief Counsel
for advocacy of the SBA that the final
rules implementing both Amendment
40 and the framework amendment
would not have a significant economic
impact on a substantial number of small
entities. The re-insertion of this
regulatory text is not expected to have
direct adverse economic effects on a
substantial number of small entities
because it is an administrative
correcting action. The final rule that
originally published the regulation was
certified to not have a significant
economic impact on a substantial
number of small entities, and the public
may believe the omitted text is already
included in the regulations. This change
is needed to ensure that the public is
aware of the correct recreational harvest
limit (quota) and accountability
measures for recreationally-caught Gulf
red snapper.
Pursuant to 5 U.S.C. 553(b)(B), the
Assistant Administrator for Fisheries,
NOAA, finds good cause to waive prior
notice and opportunity for additional
public comment for this correcting
action because it would be unnecessary
and contrary to the public interest. Such
procedures are unnecessary because the
VerDate Sep<11>2014
16:09 Nov 25, 2015
Jkt 238001
public received notice and an
opportunity to comment on the
proposed rules for the framework
amendment and Amendment 40 and the
final rule for Amendment 40 included
this regulatory text. This final rule
reinstates the regulatory text that was
inadvertently omitted from the
correcting amendment that published
on September 28, 2015 (80 FR 58219).
If this final rule was delayed to allow for
notice and opportunity for public
comment, it could cause confusion
because the public believes that the
omitted text is already included in the
regulations.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Gulf
of Mexico, Recreational, Red snapper,
Reef fish.
Dated: November 23, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622 is amended
as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
74001
(i) The recreational ACL is equal to
the total recreational quota specified in
§ 622.39(a)(2)(i)(A). The AA will
determine the length of the red snapper
recreational fishing season, or
recreational fishing seasons for the
Federal charter vessel/headboat and
private angling components, based on
when recreational landings are
projected to reach the recreational ACT,
or respective recreational component
ACT specified in paragraph (q)(2)(iii) of
this section, and announce the closure
date(s) in the Federal Register. These
seasons will serve as in-season
accountability measures. On and after
the effective date of the recreational
closure or recreational component
closure notifications, the bag and
possession limit for red snapper or for
the respective component is zero. When
the recreational sector or Federal charter
vessel/headboat component is closed,
this bag and possession limit applies in
the Gulf on board a vessel for which a
valid Federal charter vessel/headboat
permit for Gulf reef fish has been issued,
without regard to where such species
were harvested, i.e., in state or Federal
waters.
*
*
*
*
*
[FR Doc. 2015–30194 Filed 11–25–15; 8:45 am]
BILLING CODE 3510–22–P
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
DEPARTMENT OF COMMERCE
2. In § 622.39, add paragraphs
(a)(1)(i)(B)(1) and (2) to read as follows:
National Oceanic and Atmospheric
Administration
§ 622.39
50 CFR Part 622
■
Quotas.
*
*
*
*
*
(a) * * *
(1) * * *
(i) * * *
(B) * * *
(1) NMFS will withhold distribution
of 4.9 percent of the 2016 IFQ allocation
of red snapper commercial quota on
January 1, 2016, totaling 352,000 lb
(159,665 kg), round weight, of the 2016
red snapper commercial quota specified
in this paragraph (a)(1)(i)(B).
(2) As determined by NMFS,
remaining 2016 IFQ allocation of red
snapper will be distributed to the
current shareholders based on their
current shares held as of the date of
distribution.
*
*
*
*
*
■ 3. In § 622.41, revise paragraph
(q)(2)(i) to read as follows:
§ 622.41 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
*
*
*
(q) * * *
(2) * * *
PO 00000
Frm 00059
*
Fmt 4700
*
Sfmt 4700
[Docket No. 101206604–1758–02]
RIN 0648–XE326
Coastal Migratory Pelagic Resources
of the Gulf of Mexico and South
Atlantic; 2015–2016 Accountability
Measure and Closure for King
Mackerel in the Florida West Coast
Northern Subzone
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements an
accountability measure (AM) for
commercial king mackerel in the Florida
west coast northern subzone of the
eastern zone of the Gulf of Mexico (Gulf)
exclusive economic zone (EEZ) through
this temporary final rule. NMFS has
determined that the commercial quota
for king mackerel in the eastern zone,
Florida west coast northern subzone of
the Gulf EEZ will be reached by
SUMMARY:
E:\FR\FM\27NOR1.SGM
27NOR1
mstockstill on DSK4VPTVN1PROD with RULES
74002
Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Rules and Regulations
November 28, 2015. Therefore, NMFS
closes the Florida west coast northern
subzone to commercial king mackerel
fishing on November 28, 2015, to
protect the Gulf king mackerel resource.
DATES: The closure is effective noon,
local time, November 28, 2015, until
12:01 a.m., local time, on July 1, 2016.
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 Coastal Migratory
Pelagic Resources in 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
by NMFS 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
quotas. The quota for the Florida west
coast northern subzone is 178,848 lb
(81,124 kg) (50 CFR
622.384(b)(1)(i)(B)(2)).
Regulations at 50 CFR 622.388(a)(1)
require NMFS to close the commercial
sector for Gulf migratory group king
mackerel in the Florida west coast
northern subzone when the commercial
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 quota of
178,848 lb (81,124 kg) for Gulf migratory
group king mackerel in the Florida west
coast northern subzone will be reached
by November 28, 2015. Accordingly, the
Florida west coast northern subzone is
closed effective noon, local time,
November 28, 2015, through June 30,
2016, the end of the current fishing year,
to commercial fishing for Gulf migratory
group king mackerel.
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 subzone (50 CFR
622.384(e)(1) and (e)(2)). A person
aboard a vessel that has a valid charter
vessel/headboat permit for coastal
VerDate Sep<11>2014
16:09 Nov 25, 2015
Jkt 238001
migratory pelagic fish may continue to
retain king mackerel in or from the
closed subzone 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. 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 subzone, including
those harvested under the bag and
possession limits, may not be purchased
or sold. This prohibition does not apply
to king mackerel from the closed zones
or subzones 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)).
The Florida west coast northern
subzone is that part of the EEZ between
26°19.8′ N. latitude (a line directly west
from the boundary between Lee and
Collier Counties, FL) and 87°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
622.388(a)(1) and 50 CFR 622.384(e) 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 action to
close the Florida west coast northern
subzone of the Gulf eastern zone to
commercial king mackerel fishing
constitutes 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 procedures are
unnecessary and contrary to the public
interest. Such procedures are
unnecessary, because the rule
implementing the commercial quota and
the associated requirement for closure of
the commercial harvest when the quota
PO 00000
Frm 00060
Fmt 4700
Sfmt 4700
is reached or is projected to be reached
has already been subject to notice and
public comment, and all that remains is
to notify the public of the closure. Such
procedures are contrary to the public
interest because the capacity of the
fishing fleet allows for rapid harvest of
the quota, and there is a need to
immediately implement this action to
protect the king mackerel resource. Prior
notice and opportunity for public
comment would require time and could
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 the effectiveness of this
action under 5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: November 23, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2015–30192 Filed 11–23–15; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 665
[Docket No. 130708597–4380–01]
RIN 0648–XE329
Pacific Island Pelagic Fisheries; 2015
CNMI Longline Bigeye Tuna Fishery;
Closure
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is closing the U.S.
pelagic longline fishery for bigeye tuna
in the western and central Pacific Ocean
as a result of the fishery reaching the
2015 allocation limit for the
Commonwealth of the Northern Mariana
Islands (CNMI). This action is necessary
to comply with regulations managing
this fish stock.
DATES: Effective November 30, 2015,
through December 31, 2015.
FOR FURTHER INFORMATION CONTACT:
Jarad Makaiau, NMFS PIRO Sustainable
Fisheries, 808–725–5176.
SUPPLEMENTARY INFORMATION: On August
5, 2015, NMFS restricted the retention,
transshipment and landing of bigeye
tuna captured by longline gear in the
western and central Pacific Ocean
(WCPO) as a result of the U.S. longline
fishery reaching the 2015 U.S. bigeye
SUMMARY:
E:\FR\FM\27NOR1.SGM
27NOR1
]]>Agencies
[Federal Register Volume 80, Number 228 (Friday, November 27, 2015)]
[Rules and Regulations]
[Pages 74001-74002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30192]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 101206604-1758-02]
RIN 0648-XE326
Coastal Migratory Pelagic Resources of the Gulf of Mexico and
South Atlantic; 2015-2016 Accountability Measure and Closure for King
Mackerel in the Florida West Coast Northern Subzone
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 Florida west coast northern subzone of the eastern
zone of the Gulf of Mexico (Gulf) exclusive economic zone (EEZ) through
this temporary final rule. NMFS has determined that the commercial
quota for king mackerel in the eastern zone, Florida west coast
northern subzone of the Gulf EEZ will be reached by
[[Page 74002]]
November 28, 2015. Therefore, NMFS closes the Florida west coast
northern subzone to commercial king mackerel fishing on November 28,
2015, to protect the Gulf king mackerel resource.
DATES: The closure is effective noon, local time, November 28, 2015,
until 12:01 a.m., local time, on July 1, 2016.
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 Coastal Migratory Pelagic Resources in 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 by NMFS 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 quotas. The quota for the Florida west coast northern
subzone is 178,848 lb (81,124 kg) (50 CFR 622.384(b)(1)(i)(B)(2)).
Regulations at 50 CFR 622.388(a)(1) require NMFS to close the
commercial sector for Gulf migratory group king mackerel in the Florida
west coast northern subzone when the commercial 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 quota of
178,848 lb (81,124 kg) for Gulf migratory group king mackerel in the
Florida west coast northern subzone will be reached by November 28,
2015. Accordingly, the Florida west coast northern subzone is closed
effective noon, local time, November 28, 2015, through June 30, 2016,
the end of the current fishing year, to commercial fishing for Gulf
migratory group king mackerel.
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 subzone (50 CFR 622.384(e)(1) and
(e)(2)). 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 subzone 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. 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 subzone,
including those harvested under the bag and possession limits, may not
be purchased or sold. This prohibition does not apply to king mackerel
from the closed zones or subzones 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)).
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 622.388(a)(1) and 50 CFR
622.384(e) 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 action to close the Florida west
coast northern subzone of the Gulf eastern zone to commercial king
mackerel fishing constitutes 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 procedures are
unnecessary and contrary to the public interest. Such procedures are
unnecessary, because the rule implementing the commercial quota and the
associated requirement for closure of the commercial harvest when the
quota is reached or is projected to be reached has already been subject
to notice and public comment, and all that remains is to notify the
public of the closure. Such procedures are contrary to the public
interest because the capacity of the fishing fleet allows for rapid
harvest of the quota, and there is a need to immediately implement this
action to protect the king mackerel resource. Prior notice and
opportunity for public comment would require time and could 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 the effectiveness of this action under 5
U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: November 23, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2015-30192 Filed 11-23-15; 4:15 pm]
BILLING CODE 3510-22-P
