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 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]


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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.

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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