Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Commercial Trip Limit Reduction for Spanish Mackerel, 9189-9190 [2017-02345]

Download as PDF 9189 Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Rules and Regulations CIVIL MONETARY PENALTY AUTHORITIES ADMINISTERED BY HHS AGENCIES AND PENALTY AMOUNTS—Continued [Effective February 3, 2017] Citation Date of last penalty figure or adjustment 3 2016 Maximum adjusted penalty ($) 2017 Maximum adjusted penalty ($) 4 Description 2 CFR 1 HHS agency 18081(h)(2) ......................... 42 CFR 155.260 ........... CMS ... Penalty for knowingly or willfully disclosing protected information from Exchange. 2016 27,186 27,631 31 U.S.C. 1352 .................................... 45 CFR 93.400(e) ......... HHS ... Penalty for the first time an individual makes an expenditure prohibited by regulations regarding lobbying disclosure, absent aggravating circumstances. Penalty for second and subsequent offenses by individuals who make an expenditure prohibited by regulations regarding lobbying disclosure: Minimum ............................................................... Maximum .............................................................. Penalty for the first time an individual fails to file or amend a lobbying disclosure form, absent aggravating circumstances. Penalty for second and subsequent offenses by individuals who fail to file or amend a lobbying disclosure form, absent aggravating circumstances: Minimum ............................................................... Maximum .............................................................. Penalty for failure to provide certification regarding lobbying in the award documents for all sub-awards of all tiers: Minimum ............................................................... Maximum .............................................................. Penalty for failure to provide statement regarding lobbying for loan guarantee and loan insurance transactions: Minimum ............................................................... Maximum .............................................................. Penalty against any individual who—with knowledge or reason to know—makes, presents or submits a false, fictitious or fraudulent claim to the Department. Penalty against any individual who—with knowledge or reason to know—makes, presents or submits a false, fictitious or fraudulent claim to the Department. 2016 18,936 19,246 2016 2016 2016 18,936 189,361 18,936 19,246 192,459 19,246 2016 2016 18,936 189,361 19,246 192,459 2016 2016 18,936 189,361 19,246 192,459 2016 2016 2016 18,936 189,361 9,894 19,246 192,459 10,056 2016 9,894 10,056 U.S.C. ......................................... 3801–3812 .......................... 45 CFR Part 93, Appendix A HHS ... 45 CFR 79.3(a)(1)(iv) .... HHS ... 45 CFR 79.3(b)(1)(ii) ............ 1 Some HHS components have not promulgated regulations regarding their civil monetary penalty-specific statutory authorities. 2 The description is not intended to be a comprehensive explanation of the underlying violation; the statute and corresponding regulation, if applicable should be consulted. 3 Statutory or Inflation Act Adjustment. 3 Statutory or Inflation Act Adjustment. 4 The cost of living multiplier for 2017, based on the Consumer Price Index (CPI–U) for the month of October 2016, not seasonally adjusted, is 1.01636, as indicated in OMB Memorandum M–17–11, ‘‘Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties Adjustment Act Improvements Act of 2015’’ (December 16, 2016). Dated: January 30, 2017. Norris Cochran, Acting Secretary, Department of Health and Human Services. [FR Doc. 2017–02300 Filed 2–2–17; 8:45 am] BILLING CODE 4150–24–P ACTION: National Oceanic and Atmospheric Administration SUMMARY: 50 CFR Part 622 [Docket No. 101206604–1758–02] asabaliauskas on DSK3SPTVN1PROD with RULES RIN 0648–XF179 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Commercial Trip Limit Reduction for Spanish Mackerel National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: VerDate Sep<11>2014 21:08 Feb 02, 2017 Jkt 241001 Temporary rule; trip limit reduction. DEPARTMENT OF COMMERCE PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 NMFS reduces the commercial trip limit of Atlantic migratory group Spanish mackerel in or from the exclusive economic zone (EEZ) in the Atlantic migratory group southern zone to 1,500 lb (680 kg), round weight, per day. This trip limit reduction is necessary to maximize the socioeconomic benefits of the quota. DATES: Effective 6:00 a.m., local time, February 6, 2017, until 12:01 a.m., local time, March 1, 2017. FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional Office, telephone: 727–824–5305, or email: mary.vara@noaa.gov. SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic fish E:\FR\FM\03FER1.SGM 03FER1 9190 Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Rules and Regulations asabaliauskas on DSK3SPTVN1PROD with RULES (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 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. Framework Amendment 1 to the FMP (79 FR 69058, November 20, 2014) implemented a commercial annual catch limit (equal to the commercial quota) of 3.33 million lb (1.51 million kg) for the Atlantic migratory group of Spanish mackerel. Atlantic migratory group Spanish mackerel are divided into a northern and southern zone for management purposes. The southern zone consists of Federal waters off South Carolina, Georgia, and Florida. The boundaries for the southern zone for Atlantic migratory group Spanish mackerel extend between North Carolina/South Carolina, a line extending in a direction of 135°34′55″ from true north beginning at 33°51′07.9″ N. lat. and 78°32′32.6″ W. long. to the intersection point with the outward boundary of the EEZ, at 25°20′24″ N. lat., which is a line directly east from the boundary between Miami-Dade/ Monroe Counties, Florida. The southern zone quota for Atlantic migratory group Spanish mackerel is 2,667,330 lb (1,209,881 kg). Seasonally variable trip limits are based on an adjusted commercial quota of 2,417,330 lb (1,096,482 kg). The adjusted commercial quota is calculated to allow VerDate Sep<11>2014 21:08 Feb 02, 2017 Jkt 241001 continued harvest in the southern zone at a set rate for the remainder of the current fishing year, through February 28, 2017, in accordance with 50 CFR 622.385(b)(2). As specified at 50 CFR 622.385(b)(1)(ii)(B), after 75 percent of the adjusted commercial quota of Atlantic migratory group Spanish mackerel is reached or projected to be reached, Spanish mackerel in or from the EEZ in the southern zone may not be possessed onboard or landed from a permitted vessel in amounts exceeding 1,500 lb (680 kg) per day. NMFS has determined that 75 percent of the adjusted commercial quota for Atlantic group Spanish mackerel has been reached. Accordingly, the commercial trip limit of 1,500 lb (680 kg) per day applies to Atlantic migratory group Spanish mackerel in or from the EEZ in the southern zone effective 6 a.m., local time February 6, 2017, until 12:01 a.m., local time, March 1, 2017, unless changed by subsequent notification in the Federal Register. Classification The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of Atlantic migratory group Spanish mackerel and is consistent with the Magnuson-Stevens Act and other applicable laws. This action is taken under 50 CFR 622.385(b)(1)(ii)(B) 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 opportunity for comment. PO 00000 Frm 00064 Fmt 4700 Sfmt 9990 This action responds to the best scientific information available. The Acting Assistant Administrator for Fisheries (AA) finds that the need to immediately reduce the trip limit for the commercial sector for Spanish mackerel constitutes good cause to waive the requirements to provide prior notice and the opportunity for public comment pursuant to 5 U.S.C. 553(b)(B) as such procedures would be unnecessary and contrary to the public interest. Such procedures are unnecessary because the rules implementing the quotas and trip limits have already been subject to notice and comment, and all that remains is to notify the public of the trip limit reduction. Prior notice and opportunity for public comment is contrary to the public interest, because any delay in the trip limit reduction of the commercial harvest could result in the commercial quota being exceeded. There is a need to immediately implement this action to protect the Spanish mackerel resource, because the capacity of the fishing fleet allows for rapid harvest of the quota. Prior notice and opportunity for public comment would require additional 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 effectiveness of this action under 5 U.S.C. 553(d)(3). Authority: 16 U.S.C. 1801 et seq. Dated: January 31, 2017. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017–02345 Filed 1–31–17; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\03FER1.SGM 03FER1

Agencies

[Federal Register Volume 82, Number 22 (Friday, February 3, 2017)]
[Rules and Regulations]
[Pages 9189-9190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02345]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 101206604-1758-02]
RIN 0648-XF179


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South 
Atlantic; Commercial Trip Limit Reduction for Spanish Mackerel

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 commercial trip limit of Atlantic migratory 
group Spanish mackerel in or from the exclusive economic zone (EEZ) in 
the Atlantic migratory group southern zone to 1,500 lb (680 kg), round 
weight, per day. This trip limit reduction is necessary to maximize the 
socioeconomic benefits of the quota.

DATES: Effective 6:00 a.m., local time, February 6, 2017, until 12:01 
a.m., local time, March 1, 2017.

FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional 
Office, telephone: 727-824-5305, or email: mary.vara@noaa.gov.

SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic 
fish

[[Page 9190]]

(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 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.
    Framework Amendment 1 to the FMP (79 FR 69058, November 20, 2014) 
implemented a commercial annual catch limit (equal to the commercial 
quota) of 3.33 million lb (1.51 million kg) for the Atlantic migratory 
group of Spanish mackerel. Atlantic migratory group Spanish mackerel 
are divided into a northern and southern zone for management purposes. 
The southern zone consists of Federal waters off South Carolina, 
Georgia, and Florida. The boundaries for the southern zone for Atlantic 
migratory group Spanish mackerel extend between North Carolina/South 
Carolina, a line extending in a direction of 135[deg]34'55'' from true 
north beginning at 33[deg]51'07.9'' N. lat. and 78[deg]32'32.6'' W. 
long. to the intersection point with the outward boundary of the EEZ, 
at 25[deg]20'24'' N. lat., which is a line directly east from the 
boundary between Miami-Dade/Monroe Counties, Florida.
    The southern zone quota for Atlantic migratory group Spanish 
mackerel is 2,667,330 lb (1,209,881 kg). Seasonally variable trip 
limits are based on an adjusted commercial quota of 2,417,330 lb 
(1,096,482 kg). The adjusted commercial quota is calculated to allow 
continued harvest in the southern zone at a set rate for the remainder 
of the current fishing year, through February 28, 2017, in accordance 
with 50 CFR 622.385(b)(2). As specified at 50 CFR 622.385(b)(1)(ii)(B), 
after 75 percent of the adjusted commercial quota of Atlantic migratory 
group Spanish mackerel is reached or projected to be reached, Spanish 
mackerel in or from the EEZ in the southern zone may not be possessed 
onboard or landed from a permitted vessel in amounts exceeding 1,500 lb 
(680 kg) per day.
    NMFS has determined that 75 percent of the adjusted commercial 
quota for Atlantic group Spanish mackerel has been reached. 
Accordingly, the commercial trip limit of 1,500 lb (680 kg) per day 
applies to Atlantic migratory group Spanish mackerel in or from the EEZ 
in the southern zone effective 6 a.m., local time February 6, 2017, 
until 12:01 a.m., local time, March 1, 2017, unless changed by 
subsequent notification in the Federal Register.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
Atlantic migratory group Spanish mackerel and is consistent with the 
Magnuson-Stevens Act and other applicable laws.
    This action is taken under 50 CFR 622.385(b)(1)(ii)(B) 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 opportunity for comment.
    This action responds to the best scientific information available. 
The Acting Assistant Administrator for Fisheries (AA) finds that the 
need to immediately reduce the trip limit for the commercial sector for 
Spanish mackerel constitutes good cause to waive the requirements to 
provide prior notice and the opportunity for public comment pursuant to 
5 U.S.C. 553(b)(B) as such procedures would be unnecessary and contrary 
to the public interest. Such procedures are unnecessary because the 
rules implementing the quotas and trip limits have already been subject 
to notice and comment, and all that remains is to notify the public of 
the trip limit reduction.
    Prior notice and opportunity for public comment is contrary to the 
public interest, because any delay in the trip limit reduction of the 
commercial harvest could result in the commercial quota being exceeded. 
There is a need to immediately implement this action to protect the 
Spanish mackerel resource, because the capacity of the fishing fleet 
allows for rapid harvest of the quota. Prior notice and opportunity for 
public comment would require additional 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 effectiveness of this action under 5 U.S.C. 
553(d)(3).

    Authority: 16 U.S.C. 1801 et seq.

    Dated: January 31, 2017.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-02345 Filed 1-31-17; 4:15 pm]
 BILLING CODE 3510-22-P