Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; 2016-2017 Commercial Accountability Measures and Closure for King Mackerel in the Florida West Coast Northern Subzone, 78941-78942 [2016-27200]

Download as PDF 78941 Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Rules and Regulations the exemption in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), do not apply. This action directly regulates growers, food processors, food handlers, and food retailers, not States or tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408(n)(4). As such, the Agency has determined that this action will not have a substantial direct effect on States or tribal governments, on the relationship between the national government and the States or tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian tribes. Thus, the Agency has determined that Executive Order 13132, entitled ‘‘Federalism’’ (64 FR 43255, August 10, 1999) and Executive Order 13175, entitled ‘‘Consultation and Coordination with Indian Tribal Governments’’ (65 FR 67249, November 9, 2000) do not apply to this action. In addition, this action does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq.). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note). VIII. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Inert ingredients * * BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 101206604–1758–02] RIN 0648–XF017 Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; 2016–2017 Commercial Accountability Measures 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: asabaliauskas on DSK3SPTVN1PROD with RULES Therefore, 40 CFR chapter I is amended as follows: PART 180—[AMENDED] 1. The authority citation for part 180 continues to read as follows: ■ Authority: 21 U.S.C. 321(q), 346a and 371. 2. In § 180.910, add alphabetically the inert ingredient to the table to read as follows: ■ § 180.910 Inert ingredients used pre- and post-harvest; exemptions from the requirement of a tolerance. * NMFS implements accountability measures (AMs) for commercially harvested king mackerel in the Florida west coast northern SUMMARY: 16:33 Nov 09, 2016 * * * * Uses * * * * * Not to exceed 25% by weight of Plasticizer in pesticide formulations for varroa mite control around bee pesticide formulation. hives [FR Doc. 2016–27209 Filed 11–9–16; 8:45 am] VerDate Sep<11>2014 Dated: October 28, 2016. Rachel C. Holloman, Acting Director, Registration Division, Office of Pesticide Programs. Limits * * di-n-Butyl adipate (CAS Reg. No. 105–99–7). * List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. Jkt 241001 * * subzone of the eastern 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 eastern zone, Florida west coast northern subzone of the Gulf EEZ will be reached by November 10, 2016. Therefore, NMFS closes the Florida west coast northern subzone to commercial fishing for king mackerel on November 10, 2016, to protect the Gulf king mackerel resource. DATES: The closure is effective at noon, local time, November 10, 2016, until 12:01 a.m., local time, on October 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 includes king mackerel, Spanish mackerel, and cobia, and 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 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 * * Gulf of Mexico and South Atlantic Fishery Management 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 of 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 Florida west coast northern subzone is that part of the Gulf EEZ between 26°19.8′ N. lat., a line extending directly west from the boundary between Lee and Collier Counties, Florida, and 87°31.1′ W. long., a line extending directly south from the state boundary of Alabama and Florida. The commercial quota for the Florida west coast northern subzone is 178,848 lb (81,124 kg), round or gutted weight, as specified in 50 CFR 622.384(b)(1)(i)(B)(2). Regulations at 50 CFR 622.8(b) and 50 CFR 622.388(a)(1)(i) require NMFS to close the commercial sector for Gulf migratory group king mackerel in the E:\FR\FM\10NOR1.SGM 10NOR1 78942 Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Rules and Regulations 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 10, 2016. Accordingly, the Florida west coast northern subzone is closed to commercial fishing for Gulf migratory group king mackerel effective from noon, local time, November 10, 2016, through September 30, 2017, the end of the current fishing year. The next fishing year for the Florida west coast northern subzone is October 1, 2017, through September 30, 2018. 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, as specified in 50 CFR 622.384(e)(1) and (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 harvested 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, as specified in 50 CFR 622.384(e)(3). 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 NOAA Fisheries (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 AMs 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 commercial 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 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: November 7, 2016. Jenni Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016–27200 Filed 11–7–16; 4:15 pm] BILLING CODE 3510–22–P asabaliauskas on DSK3SPTVN1PROD with RULES 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 50 CFR 622.384(e) VerDate Sep<11>2014 16:33 Nov 09, 2016 Jkt 241001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 151211999–6343–02] RIN 0648–XF030 Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Witch Flounder Trimester Total Allowable Catch Area Closure for the Common Pool Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; area closure. AGENCY: This action closes the Witch Flounder Trimester Total Allowable Catch Area to Northeast multispecies common pool vessels fishing with trawl gear for the remainder of Trimester 2, through December 31, 2016. The common pool fishery is projected to have caught 90 percent of its Trimester 2 quota for witch flounder. The closure is intended to prevent an overage of the common pool’s quota for this stock. DATES: This action is effective November 9, 2016, through December 31, 2016. FOR FURTHER INFORMATION CONTACT: Liz Sullivan, Fishery Management Specialist, (978) 282–8493. SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR 648.82(n)(2)(ii) require the Regional Administrator to close a common pool Trimester Total Allowable Catch (TAC) Area for a stock when 90 percent of the Trimester TAC is projected to be caught. The closure applies to all common pool vessels fishing with gear capable of catching that stock for the remainder of the trimester. As of November 1, 2016, the common pool fishery caught approximately 80 percent of the Trimester 2 TAC (2.4 mt) for witch flounder. We project that 90 percent of the Trimester 2 TAC was caught by November 6. Effective November 9, 2016, the Witch Flounder Trimester TAC Area is closed for the remainder of Trimester 2, through December 31, 2016, to all common pool vessels fishing with trawl gear. The Witch Flounder Trimester TAC Area consists of statistical areas 512, 513, 514, 515, 521, 522, and 525. The area reopens at the beginning of Trimester 3 on January 1, 2017. If a vessel declared its trip through the Vessel Monitoring System (VMS) or the interactive voice response system, and SUMMARY: E:\FR\FM\10NOR1.SGM 10NOR1

Agencies

[Federal Register Volume 81, Number 218 (Thursday, November 10, 2016)]
[Rules and Regulations]
[Pages 78941-78942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27200]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 101206604-1758-02]
RIN 0648-XF017


Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
Atlantic Region; 2016-2017 Commercial Accountability Measures 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 accountability measures (AMs) for commercially 
harvested 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 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 November 10, 
2016. Therefore, NMFS closes the Florida west coast northern subzone to 
commercial fishing for king mackerel on November 10, 2016, to protect 
the Gulf king mackerel resource.

DATES: The closure is effective at noon, local time, November 10, 2016, 
until 12:01 a.m., local time, on October 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 includes king mackerel, Spanish mackerel, and cobia, and 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 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 of 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 Florida west coast northern 
subzone is that part of the Gulf EEZ between 26[deg]19.8' N. lat., a 
line extending directly west from the boundary between Lee and Collier 
Counties, Florida, and 87[deg]31.1' W. long., a line extending directly 
south from the state boundary of Alabama and Florida. The commercial 
quota for the Florida west coast northern subzone is 178,848 lb (81,124 
kg), round or gutted weight, as specified in 50 CFR 
622.384(b)(1)(i)(B)(2).
    Regulations at 50 CFR 622.8(b) and 50 CFR 622.388(a)(1)(i) require 
NMFS to close the commercial sector for Gulf migratory group king 
mackerel in the

[[Page 78942]]

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 
10, 2016. Accordingly, the Florida west coast northern subzone is 
closed to commercial fishing for Gulf migratory group king mackerel 
effective from noon, local time, November 10, 2016, through September 
30, 2017, the end of the current fishing year. The next fishing year 
for the Florida west coast northern subzone is October 1, 2017, through 
September 30, 2018.
    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, as specified in 50 CFR 
622.384(e)(1) and (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 harvested 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, as specified in 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 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 NOAA Fisheries (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 AMs 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 commercial 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 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: November 7, 2016.
Jenni Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-27200 Filed 11-7-16; 4:15 pm]
 BILLING CODE 3510-22-P