Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; 2016-2017 Commercial Accountability Measures and Closure for King Mackerel in Western Zone of the Gulf of Mexico, 71410-71411 [2016-25052]
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Federal Register / Vol. 81, No. 200 / Monday, October 17, 2016 / Rules and Regulations
reasonable time for reporting if access to
these offices is limited due to closure.
(6) Additional taking authorizations
for Tribal employees, State and local
law enforcement officers, and Statelicensed wildlife rehabilitation facilities.
(i) Tribal employees and State and local
government law enforcement officers.
When acting in the course of their
official duties, both Tribal employees
designated by the Tribe for such
purposes, and State and local
government law enforcement officers
working in the States of Oregon or
Washington, may take CWTD for the
following purposes:
(A) Aiding or euthanizing sick,
injured, or orphaned CWTD;
(B) Disposing of a dead specimen; and
(C) Salvaging a dead specimen that
may be used for scientific study.
(ii) Such take must be reported to the
Service within 72 hours, and specimens
may be disposed of only in accordance
with directions from the Service.
(7) Wildlife rehabilitation facilities
licensed by the States of Oregon or
Washington. When acting in the course
of their official duties, a State-licensed
wildlife rehabilitation facility may take
CWTD for the purpose of aiding or
euthanizing sick, injured, or orphaned
CWTD. Such take must be reported to
the Service within 72 hours as required
by paragraph (i)(5) of this section, and
specimens may be retained and
disposed of only in accordance with
directions from the Service.
(8) Take authorized by permits. Any
person with a valid permit issued by the
Service under § 17.32 may take CWTD,
pursuant to the special terms and
conditions of the permit.
*
*
*
*
*
Dated: October 5, 2016.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. 2016–24790 Filed 10–14–16; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 101206604–1758–02]
RIN 0648–XE959
Coastal Migratory Pelagic Resources
of the Gulf of Mexico and South
Atlantic; 2016–2017 Commercial
Accountability Measures and Closure
for King Mackerel in Western Zone of
the Gulf of Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements
accountability measures (AMs) for
commercial king mackerel in the
western zone of the Gulf of Mexico
(Gulf) exclusive economic zone (EEZ)
through this temporary rule. NMFS has
determined that the commercial quota
for king mackerel in the western zone of
the Gulf EEZ will be reached by October
14, 2016. Therefore, NMFS closes the
western zone of the Gulf EEZ to
commercial king mackerel fishing on
October 14, 2016. This closure is
necessary to protect the Gulf king
mackerel resource.
DATES: The closure is effective at noon,
local time, October 14, 2016, until 12:01
a.m., local time, on July 1, 2017.
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 South Atlantic (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 commercial quota for the Gulf
migratory group king mackerel in the
Gulf western zone is 1,071,360 lb
(485,961 kg) for the current fishing year,
July 1, 2016, through June 30, 2017 (50
CFR 622.384(b)(1)(ii)).
Regulations at 50 CFR 622.388(a)(1)(i)
require NMFS to close the commercial
sector for Gulf migratory group king
SUMMARY:
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Fmt 4700
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mackerel in the western zone 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. NMFS has
determined the commercial quota of
1,071,360 lb (485,961 kg) for Gulf
migratory group king mackerel in the
western zone will be reached by October
14, 2016. Accordingly, the western zone
is closed to commercial fishing for Gulf
migratory group king mackerel effective
at noon, local time, October 14, 2016,
through June 30, 2017, the end of the
current fishing year. The western zone
of Gulf migratory group king mackerel is
that part of the EEZ between a line
extending east from the border of the
United States and Mexico and 87°31.1′
W. long., which is a line extending
south from the state boundary of
Alabama and Florida.
Except for a person aboard a charter
vessel or headboat, during the closure
no person aboard a vessel that has been
issued a Federal commercial permit for
king mackerel may fish for or retain Gulf
migratory group king mackerel in the
EEZ in the closed zone (50 CFR
622.384(e)(1)). A person aboard a vessel
that has a valid Federal charter vessel/
headboat permit for coastal migratory
pelagic fish may continue to retain king
mackerel in or from the closed zone
under the recreational 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 CFR 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 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 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)(i) and 622.384(e), and is
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Federal Register / Vol. 81, No. 200 / Monday, October 17, 2016 / Rules and Regulations
jstallworth on DSK7TPTVN1PROD with RULES
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 NOAA
Fisheries (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
procedures are unnecessary and
VerDate Sep<11>2014
14:00 Oct 14, 2016
Jkt 241001
contrary to the public interest. Such
procedures are unnecessary because the
rule implementing the commercial
quota and the associated AMs has
already been subject to notice and
public comment, and all that remains is
to notify the public of the closure.
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 commercial quota. Prior notice and
opportunity for public comment would
PO 00000
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71411
require time and could potentially result
in a harvest well in excess of the
established commercial 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: October 12, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2016–25052 Filed 10–12–16; 4:15 pm]
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]]>Agencies
[Federal Register Volume 81, Number 200 (Monday, October 17, 2016)]
[Rules and Regulations]
[Pages 71410-71411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25052]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 101206604-1758-02]
RIN 0648-XE959
Coastal Migratory Pelagic Resources of the Gulf of Mexico and
South Atlantic; 2016-2017 Commercial Accountability Measures and
Closure for King Mackerel in Western Zone of the Gulf of Mexico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS implements accountability measures (AMs) for commercial
king mackerel in the western zone of the Gulf of Mexico (Gulf)
exclusive economic zone (EEZ) through this temporary rule. NMFS has
determined that the commercial quota for king mackerel in the western
zone of the Gulf EEZ will be reached by October 14, 2016. Therefore,
NMFS closes the western zone of the Gulf EEZ to commercial king
mackerel fishing on October 14, 2016. This closure is necessary to
protect the Gulf king mackerel resource.
DATES: The closure is effective at noon, local time, October 14, 2016,
until 12:01 a.m., local time, on July 1, 2017.
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 South Atlantic (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 commercial quota for the Gulf migratory group king mackerel in
the Gulf western zone is 1,071,360 lb (485,961 kg) for the current
fishing year, July 1, 2016, through June 30, 2017 (50 CFR
622.384(b)(1)(ii)).
Regulations at 50 CFR 622.388(a)(1)(i) require NMFS to close the
commercial sector for Gulf migratory group king mackerel in the western
zone 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. NMFS has determined the commercial quota of 1,071,360
lb (485,961 kg) for Gulf migratory group king mackerel in the western
zone will be reached by October 14, 2016. Accordingly, the western zone
is closed to commercial fishing for Gulf migratory group king mackerel
effective at noon, local time, October 14, 2016, through June 30, 2017,
the end of the current fishing year. The western zone of Gulf migratory
group king mackerel is that part of the EEZ between a line extending
east from the border of the United States and Mexico and 87[deg]31.1'
W. long., which is a line extending south from the state boundary of
Alabama and Florida.
Except for a person aboard a charter vessel or headboat, during the
closure no person aboard a vessel that has been issued a Federal
commercial permit for king mackerel may fish for or retain Gulf
migratory group king mackerel in the EEZ in the closed zone (50 CFR
622.384(e)(1)). A person aboard a vessel that has a valid Federal
charter vessel/headboat permit for coastal migratory pelagic fish may
continue to retain king mackerel in or from the closed zone under the
recreational 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 CFR 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 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 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)(i) and 622.384(e),
and is
[[Page 71411]]
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 NOAA Fisheries (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 procedures are unnecessary and contrary to the public
interest. Such procedures are unnecessary because the rule implementing
the commercial quota and the associated AMs has already been subject to
notice and public comment, and all that remains is to notify the public
of the closure. 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 commercial quota. Prior notice and opportunity for
public comment would require time and could potentially result in a
harvest well in excess of the established commercial 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: October 12, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-25052 Filed 10-12-16; 4:15 pm]
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