Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; Commercial Closure for Spanish Mackerel, 51577-51578 [2017-24220]

Download as PDF Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Rules and Regulations Dated: October 6, 2017. Robert A. Kaplan, Acting Regional Administrator, Region 5. 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (B) Wisconsin Administrative Code, NR 406.04(1)(w), NR 406.08(1), NR 406.10 and NR 406.11(1) as published in the Wisconsin Administrative Register November 2015 No. 719A1, effective December 1, 2015. (ii) [Reserved] [FR Doc. 2017–23048 Filed 11–6–17; 8:45 am] BILLING CODE 6560–50–P 1. The authority citation for part 52 continues to read as follows: ■ DEPARTMENT OF COMMERCE Authority: 42 U.S.C. 7401 et seq. 2. Section 52.2570 is amended by revising paragraph (c)(113)(i)(D) and by adding paragraph (c)(137) to read as follows: National Oceanic and Atmospheric Administration § 52.2570 [Docket No. 140722613–4908–02] ■ Identification of plan. nshattuck on DSK9F9SC42PROD with RULES * * * * * (c) * * * (113) * * * (i) * * * (D) NR 400.02(73m) and (131m), 406.02(1) and (2), 406.04(2m), NR 406.11(1)(g)(1), 406.11(3), 406.16, 406.17, 406.18, 407.02(3m), 407.105, 407.107, 407.14 Note, 407.14(4)(c), 407.15(8)(a) and 410.03(1)(a)(6) and (7) as created and published in the (Wisconsin) Register, August 2005, No. 596, effective September 1, 2005. Sections NR 406.16(2)(d) and NR 406.17(3)(e) were repealed in 2015 and are removed without replacement; see paragraph (c)(137) of this section. * * * * * (137) On May 16, 2017, the Wisconsin Department of Natural Resources submitted a request to revise Wisconsin’s air permitting rules NR 400.02(136m), NR 406.04(1)(w), NR 406.08(1), NR 406.10 and NR 406.11(1). These revisions replace the existing definition of ‘‘emergency electric generator’’ with a broader definition of ‘‘restricted internal combustion engine’’, amend procedures for revoking construction permits and include minor language changes and other administrative updates to ensure consistency with State and Federal regulations. Wisconsin has also requested to remove from the SIP NR 406.16(2)(d) and NR 406.17(3)(e), provisions affecting eligibility of coverage under general and registration construction permits, previously approved in paragraph (c)(113) of this section. This action ensures consistency with Wisconsin Environmental Protection Act (WEPA) laws. (i) Incorporation by reference. (A) Wisconsin Administrative Code, NR 400.02(136m) as published in the Wisconsin Administrative Register November 2015 No. 719A1, effective December 1, 2015. VerDate Sep<11>2014 15:04 Nov 06, 2017 Jkt 244001 50 CFR Part 622 RIN 0648–XF765 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; Commercial Closure for Spanish Mackerel 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 Spanish mackerel in the northern zone of the Atlantic exclusive economic zone (EEZ) through this temporary rule. NMFS has determined that the revised commercial quota for Spanish mackerel in the northern zone of the Atlantic EEZ will be reached by November 7, 2017. Therefore, NMFS closes the northern zone of the Atlantic EEZ to commercial harvest of Spanish mackerel on November 7, 2017. This closure is necessary to protect the Spanish mackerel resource in the Atlantic. SUMMARY: The closure is effective at 12:01 a.m., local time, November 7, 2017, until 12:01 a.m., local time, March 1, 2018. DATES: 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 includes king mackerel, Spanish mackerel, and cobia, and is managed under the Fishery Management Plan for the Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region (FMP). The FMP was prepared by the Gulf of Mexico and South Atlantic Fishery Management Councils PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 51577 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. All weights described for Spanish mackerel in the Atlantic EEZ apply as either round or gutted weight. On November 20, 2014, NMFS published a final rule in the Federal Register to implement Framework Amendment 1 to the FMP (79 FR 69058). That final rule 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 Spanish mackerel). Atlantic Spanish mackerel are divided into northern and southern zones for management purposes. The northern zone commercial quota for Atlantic Spanish mackerel is 662,670 lb (300,582 kg) for the current fishing year, March 1, 2017, through February 28, 2018 (50 CFR 622.384(c)(2)(i)). Regulations at 50 CFR 622.384(c)(2)(iii) allow for quota transfers between the northern and southern zones with the approval from the Regional Administrator (RA) of the NMFS Southeast Region. North Carolina or Florida, in consultation with the other states in the respective zones, may request approval from the RA to transfer part or all of a respective zone’s annual commercial quota to the other zone. For the purposes of quota closures as described in 50 CFR 622.8, the receiving zone’s quota will be the original quota plus any transferred amount, for that fishing year only. Landings associated with any transferred quota will be included in the total landings for the Atlantic migratory group, which will be evaluated relative to the total ACL. In a letter dated October 30, 2017, the State of Florida requested the transfer of 100,000 lb (45,359 kg) of Atlantic Spanish mackerel commercial quota from the southern zone to the northern zone to allow the commercial quota for both zones to be fully harvested. NMFS approved the transfer of commercial quota, and therefore, the revised northern zone commercial quota for Spanish mackerel is 762,670 lb (345,941 kg) and the revised southern zone commercial quota is 2,567,330 lb (1,164,521 kg) in the current fishing year, March 1, 2017, through February 28, 2018. The northern zone for Atlantic Spanish mackerel extends in Federal waters off New York, New Jersey, Delaware, Maryland, Virginia, and North Carolina. The northern boundary of the northern zone extends from an intersection point off New York, E:\FR\FM\07NOR1.SGM 07NOR1 51578 Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Rules and Regulations nshattuck on DSK9F9SC42PROD with RULES Connecticut, and Rhode Island at 41°18′16.249″ N. lat., 71°54′28.477″ W. long. and proceeds southeast to 37°22′32.75″ N. lat. and the intersection point with the outward boundary of the EEZ. The southern boundary of the northern zone extends from the North Carolina and South Carolina state border, along a line extending in a direction of 135°34′55″ from true north beginning at 33°51′07.9″ N. lat., 78°32′32.6″ W. long. to the intersection point with the outward boundary of the EEZ. Regulations at 50 CFR 622.388(d)(1)(i) require NMFS to close the commercial sector for Atlantic Spanish mackerel in the northern 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 revised commercial quota of 762,670 lb (345,941 kg) for Atlantic Spanish mackerel in the northern zone will be reached by November 7, 2017. Accordingly, the commercial sector for Atlantic Spanish mackerel in the northern zone is closed effective at 12:01 a.m., local time, November 7, 2017, through February 28, 2018, the end of the current fishing year. During the commercial closure, a person on board a vessel that has been issued a valid Federal permit to harvest Atlantic Spanish mackerel may continue to retain this species in the northern zone under the recreational bag and possession limits specified in 50 CFR 622.382(a)(1)(iii) and (a)(2), as long as the recreational sector for Atlantic Spanish mackerel is open (50 CFR 622.384(e)(1)). Also during the closure, Atlantic Spanish 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 Atlantic Spanish 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)(2)). Classification The RA for the NMFS Southeast Region has determined this temporary rule is necessary for the conservation and management of Atlantic Spanish mackerel and is consistent with the Magnuson-Stevens Act and other applicable laws. This action is taken under 50 CFR 622.8, 622.384(e), and 622.388(d)(1)(i) and is exempt from review under Executive Order 12866. These measures are exempt from the procedures of the Regulatory Flexibility VerDate Sep<11>2014 15:04 Nov 06, 2017 Jkt 244001 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 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 AM 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 Atlantic Spanish 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 effectiveness of this action under 5 U.S.C. 553(d)(3). Authority: 16 U.S.C. 1801 et seq. Dated: November 2, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017–24220 Filed 11–2–17; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 170717675–7999–02] RIN 0648–XF571 Fisheries of the Northeastern United States; Golden Tilefish Fishery; 2018 and Projected 2019–2020 Specifications National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: NMFS issues final specifications for the 2018 commercial golden tilefish fishery and projected SUMMARY: PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 specifications for 2019 and 2020. This action establishes allowable harvest levels and other management measures to prevent overfishing while allowing optimum yield, consistent with the Magnuson-Stevens Fishery Conservation and Management Act and the Tilefish Fishery Management Plan. It is also intended to inform the public of these specifications for the 2018 fishing year and projected specifications for 2019–2020. DATES: Effective November 2, 2017 through October 31, 2018. ADDRESSES: Copies of these specifications, including the Environmental Assessment, Regulatory Flexibility Act Analyses, and other supporting documents for the action, are available upon request from Dr. Christopher M. Moore, Executive Director, Mid-Atlantic Fishery Management Council, Suite 201, 800 N. State Street, Dover, DE 19901. The specifications document is also accessible via the Internet at: http:// www.greateratlantic.fisheries.noaa.gov. FOR FURTHER INFORMATION CONTACT: Cynthia Hanson, Fishery Management Specialist, (978) 281–9180. SUPPLEMENTARY INFORMATION: Background The golden tilefish fishery is managed by the Mid-Atlantic Fishery Management Council under the Tilefish Fishery Management Plan (FMP), which outlines the Council’s process for establishing annual specifications. Regulations implementing the Tilefish FMP appear at 50 CFR part 648, subparts A and N, which require the Council to recommend acceptable biological catch (ABC), annual catch limit (ACL), annual catch target (ACT), total allowable landings (TAL), and other management measures, for up to three years at a time. On September 7, 2017, NMFS proposed 2018–2020 specifications for the golden tilefish fishery (82 FR 42266) based on Council recommendations, and accepted public comment through September 22, 2017. Additional background information regarding the development of these specifications was provided in the proposed rule and is not repeated here. Final Specifications This action implements the approved ABCs, catch limits, and quota limits for the commercial golden tilefish fishery for the 2018 fishing year (Table 1), and projects specifications for fishing years 2019 and 2020 (Table 2), as outlined in the proposed rule. By providing projected quotas for 2019 and 2020, NMFS hopes to assist fishery E:\FR\FM\07NOR1.SGM 07NOR1

Agencies

[Federal Register Volume 82, Number 214 (Tuesday, November 7, 2017)]
[Rules and Regulations]
[Pages 51577-51578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24220]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140722613-4908-02]
RIN 0648-XF765


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic 
Region; Commercial Closure for Spanish Mackerel

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 
Spanish mackerel in the northern zone of the Atlantic exclusive 
economic zone (EEZ) through this temporary rule. NMFS has determined 
that the revised commercial quota for Spanish mackerel in the northern 
zone of the Atlantic EEZ will be reached by November 7, 2017. 
Therefore, NMFS closes the northern zone of the Atlantic EEZ to 
commercial harvest of Spanish mackerel on November 7, 2017. This 
closure is necessary to protect the Spanish mackerel resource in the 
Atlantic.

DATES: The closure is effective at 12:01 a.m., local time, November 7, 
2017, until 12:01 a.m., local time, March 1, 2018.

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 includes king mackerel, Spanish mackerel, and cobia, and is 
managed under the Fishery Management Plan for the Coastal Migratory 
Pelagic Resources of 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. All weights described 
for Spanish mackerel in the Atlantic EEZ apply as either round or 
gutted weight.
    On November 20, 2014, NMFS published a final rule in the Federal 
Register to implement Framework Amendment 1 to the FMP (79 FR 69058). 
That final rule 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 Spanish 
mackerel). Atlantic Spanish mackerel are divided into northern and 
southern zones for management purposes. The northern zone commercial 
quota for Atlantic Spanish mackerel is 662,670 lb (300,582 kg) for the 
current fishing year, March 1, 2017, through February 28, 2018 (50 CFR 
622.384(c)(2)(i)).
    Regulations at 50 CFR 622.384(c)(2)(iii) allow for quota transfers 
between the northern and southern zones with the approval from the 
Regional Administrator (RA) of the NMFS Southeast Region. North 
Carolina or Florida, in consultation with the other states in the 
respective zones, may request approval from the RA to transfer part or 
all of a respective zone's annual commercial quota to the other zone. 
For the purposes of quota closures as described in 50 CFR 622.8, the 
receiving zone's quota will be the original quota plus any transferred 
amount, for that fishing year only. Landings associated with any 
transferred quota will be included in the total landings for the 
Atlantic migratory group, which will be evaluated relative to the total 
ACL.
    In a letter dated October 30, 2017, the State of Florida requested 
the transfer of 100,000 lb (45,359 kg) of Atlantic Spanish mackerel 
commercial quota from the southern zone to the northern zone to allow 
the commercial quota for both zones to be fully harvested. NMFS 
approved the transfer of commercial quota, and therefore, the revised 
northern zone commercial quota for Spanish mackerel is 762,670 lb 
(345,941 kg) and the revised southern zone commercial quota is 
2,567,330 lb (1,164,521 kg) in the current fishing year, March 1, 2017, 
through February 28, 2018.
    The northern zone for Atlantic Spanish mackerel extends in Federal 
waters off New York, New Jersey, Delaware, Maryland, Virginia, and 
North Carolina. The northern boundary of the northern zone extends from 
an intersection point off New York,

[[Page 51578]]

Connecticut, and Rhode Island at 41[deg]18'16.249'' N. lat., 
71[deg]54'28.477'' W. long. and proceeds southeast to 37[deg]22'32.75'' 
N. lat. and the intersection point with the outward boundary of the 
EEZ. The southern boundary of the northern zone extends from the North 
Carolina and South Carolina state border, along a line extending in a 
direction of 135[deg]34'55'' from true north beginning at 
33[deg]51'07.9'' N. lat., 78[deg]32'32.6'' W. long. to the intersection 
point with the outward boundary of the EEZ.
    Regulations at 50 CFR 622.388(d)(1)(i) require NMFS to close the 
commercial sector for Atlantic Spanish mackerel in the northern 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 revised commercial quota of 762,670 
lb (345,941 kg) for Atlantic Spanish mackerel in the northern zone will 
be reached by November 7, 2017. Accordingly, the commercial sector for 
Atlantic Spanish mackerel in the northern zone is closed effective at 
12:01 a.m., local time, November 7, 2017, through February 28, 2018, 
the end of the current fishing year.
    During the commercial closure, a person on board a vessel that has 
been issued a valid Federal permit to harvest Atlantic Spanish mackerel 
may continue to retain this species in the northern zone under the 
recreational bag and possession limits specified in 50 CFR 
622.382(a)(1)(iii) and (a)(2), as long as the recreational sector for 
Atlantic Spanish mackerel is open (50 CFR 622.384(e)(1)).
    Also during the closure, Atlantic Spanish 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 
Atlantic Spanish 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)(2)).

Classification

    The RA for the NMFS Southeast Region has determined this temporary 
rule is necessary for the conservation and management of Atlantic 
Spanish mackerel and is consistent with the Magnuson-Stevens Act and 
other applicable laws.
    This action is taken under 50 CFR 622.8, 622.384(e), and 
622.388(d)(1)(i) 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 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 AM 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 Atlantic Spanish 
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 effectiveness of this action under 5 U.S.C. 
553(d)(3).

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

    Dated: November 2, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-24220 Filed 11-2-17; 4:15 pm]
BILLING CODE 3510-22-P