Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; 2017-2018 Commercial Trip Limit Reduction for Spanish Mackerel in the Atlantic Southern Zone, 3403-3404 [2018-01385]
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Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Rules and Regulations
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
sradovich on DSK3GMQ082PROD with RULES
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, which guides the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves an
emergency safety zone lasting less than
one week that will prohibit entry and
transiting between MM 40 and MM 45
on the Upper Mississippi River during
lightering operations of a grounded
barge. It is categorically excluded from
further review under paragraph L60(c)
of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 01. Because this safety zone is
established in response to an emergency
situation and is less than one week in
duration, a Record of Environmental
Consideration (REC) is not required.
Should this emergency situation require
a safety zone lasting longer than one
week, a REC will be made available as
indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
VerDate Sep<11>2014
16:01 Jan 24, 2018
Jkt 244001
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–0053 to read as
follows:
■
§ 165.T08–0053 Safety Zone; Upper
Mississippi River, Thebes, IL.
(a) Location. The following area is a
safety zone: All navigable waters of the
Upper Mississippi River from Mile
Marker (MM) 40 to MM 45, extending
the entire width of the river.
(b) Enforcement period. This section
will be enforced from 7 a.m. on January
19, 2018 through 5 p.m. on January 26
2018, or until the lightering operations
cease, whichever occurs first.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry of down-bound vessels
or persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port Sector Ohio Valley
(COTP) or designated representative. A
designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to
units under the operational control of
USCG Sector Ohio Valley.
(2) Vessels requiring entry into this
safety zone must request permission
from the COTP or a designated
representative. To seek entry into the
safety zone, contact the COTP or the
COTP’s representative by telephone at
270–217–0959 or on VHF–FM channel
16.
(3) Persons and vessels permitted to
enter this safety zone must transit at
their slowest safe speed and comply
with all lawful directions issued by the
COTP or the designated representative.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public through Broadcast
Notices to Mariners of any changes in
the planned schedule.
Dated: January 19, 2018
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2018–01336 Filed 1–24–18; 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–XF970
Coastal Migratory Pelagic Resources
of the Gulf of Mexico and Atlantic
Region; 2017–2018 Commercial Trip
Limit Reduction for Spanish Mackerel
in the Atlantic Southern Zone
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; trip limit
reduction.
AGENCY:
NMFS reduces the
commercial trip limit of Atlantic
migratory group Spanish mackerel in or
from the exclusive economic zone (EEZ)
in the Atlantic southern zone to 1,500
lb (680 kg), in round or gutted weight,
per day. This commercial trip limit
reduction is necessary to maximize the
socioeconomic benefits of the quota.
DATES: Effective 6 a.m., local time, on
January 27, 2018, 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 for Atlantic Spanish mackerel
below apply as either round or gutted
weight.
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 Spanish
mackerel). Atlantic Spanish mackerel
are divided into a northern and
southern zone for management
purposes. The southern zone consists of
Federal waters off South Carolina,
SUMMARY:
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3404
Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Rules and Regulations
Georgia, and Florida. The southern zone
boundaries for Atlantic Spanish
mackerel extend from the border of
North Carolina and South Carolina,
which is 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., and proceed south 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
border of Miami-Dade and Monroe
Counties, Florida.
The southern zone commercial quota
for Atlantic 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, 2018, in accordance with 50 CFR
622.385(b)(2). Regulations at 50 CFR
622.384(c)(2)(iii) allow for quota
transfers between the northern and
southern zones with NMFS approval.
On October 30, 2017, the State of
Florida sent a letter to NMFS, requesting
a transfer of 100,000 lb (45,359 kg) of
the 2017–2018 Spanish mackerel
commercial quota from the southern
zone to the northern zone, as per the
requirements of 50 CFR
622.384(c)(2)(iii). On November 1, 2017,
NMFS notified the respective states that
the quota transfer was approved.
Accordingly, the revised commercial
quota for the 2017–2018 fishing year for
the Atlantic Spanish mackerel northern
zone is 762,670 lb (345,941 kg) and the
revised commercial quota for the
southern zone is 2,567,330 lb (1,164,521
kg).
As specified at 50 CFR
622.385(b)(1)(ii)(B), after 75 percent of
the adjusted commercial quota of
Atlantic 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 Spanish mackerel has been
reached. Accordingly, the commercial
trip limit of 1,500 lb (680 kg) per day
applies to Atlantic Spanish mackerel in
or from the EEZ in the southern zone
effective 6 a.m., local time, on January
27, 2018, until 12:01 a.m., local time,
March 1, 2018, unless changed by
subsequent notification in the Federal
Register.
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16:01 Jan 24, 2018
Jkt 244001
Classification
DEPARTMENT OF COMMERCE
The Regional Administrator 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
622.385(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
NOAA Assistant Administrator for
Fisheries (AA) finds that the need to
immediately reduce the trip limit for the
commercial sector for Atlantic 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 are 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 Atlantic Spanish mackerel
resource, because the capacity of the
fishing fleet allows for rapid harvest of
the commercial 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 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).
National Oceanic and Atmospheric
Administration
Authority: 16 U.S.C. 1801 et seq.
Dated: January 22, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2018–01385 Filed 1–24–18; 8:45 am]
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50 CFR Part 622
[Docket No. 120919470–3513–02]
RIN 0648–XF965
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Shrimp
Fishery off the Southern Atlantic
States; Closure of the Penaeid Shrimp
Fishery off Georgia
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS closes the exclusive
economic zone (EEZ) off Georgia in the
South Atlantic to trawling for penaeid
shrimp, i.e., brown, pink, and white
shrimp. This closure is necessary to
protect the spawning stock of white
shrimp that has been subject to
unusually cold weather conditions
where state water temperatures have
been 9 °C (48 °F), or less, for at least 7
consecutive days.
DATES: The closure is effective January
24, 2018, until the effective date of a
notification of opening which NOAA
will publish in the Federal Register.
FOR FURTHER INFORMATION CONTACT:
Frank Helies, 727–824–5305; email:
Frank.Helies@noaa.gov.
SUPPLEMENTARY INFORMATION: The
penaeid shrimp fishery of the South
Atlantic is managed under the Fishery
Management Plan for the Shrimp
Fishery of the South Atlantic Region
(FMP). The FMP was prepared by the
South Atlantic Fishery Management
Council (Council) and is implemented
under the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act) by regulations at 50 CFR part 622.
Amendment 9 to the FMP revised the
criteria and procedures by which a
South Atlantic state may request a
concurrent closure of the EEZ to the
harvest of penaeid shrimp when state
waters close as a result of severe winter
weather (78 FR 35571, June 13, 2013).
Under 50 CFR 622.206(a), NMFS may
close the EEZ adjacent to South Atlantic
states that have closed their waters to
the harvest of brown, pink, and white
shrimp to protect the white shrimp
spawning stock that has been severely
depleted by cold weather or when
applicable state water temperatures are
9 °C (48 °F), or less, for at least 7
consecutive days. Consistent with those
SUMMARY:
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]]>Agencies
[Federal Register Volume 83, Number 17 (Thursday, January 25, 2018)]
[Rules and Regulations]
[Pages 3403-3404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01385]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 101206604-1758-02]
RIN 0648-XF970
Coastal Migratory Pelagic Resources of the Gulf of Mexico and
Atlantic Region; 2017-2018 Commercial Trip Limit Reduction for Spanish
Mackerel in the Atlantic Southern Zone
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; trip limit reduction.
-----------------------------------------------------------------------
SUMMARY: NMFS reduces the commercial trip limit of Atlantic migratory
group Spanish mackerel in or from the exclusive economic zone (EEZ) in
the Atlantic southern zone to 1,500 lb (680 kg), in round or gutted
weight, per day. This commercial trip limit reduction is necessary to
maximize the socioeconomic benefits of the quota.
DATES: Effective 6 a.m., local time, on January 27, 2018, 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: [email protected].
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 for
Atlantic Spanish mackerel below apply as either round or gutted weight.
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 Spanish mackerel). Atlantic Spanish
mackerel are divided into a northern and southern zone for management
purposes. The southern zone consists of Federal waters off South
Carolina,
[[Page 3404]]
Georgia, and Florida. The southern zone boundaries for Atlantic Spanish
mackerel extend from the border of North Carolina and South Carolina,
which is 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., and proceed south 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 border of Miami-Dade and Monroe Counties, Florida.
The southern zone commercial quota for Atlantic 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, 2018, in accordance with 50 CFR
622.385(b)(2). Regulations at 50 CFR 622.384(c)(2)(iii) allow for quota
transfers between the northern and southern zones with NMFS approval.
On October 30, 2017, the State of Florida sent a letter to NMFS,
requesting a transfer of 100,000 lb (45,359 kg) of the 2017-2018
Spanish mackerel commercial quota from the southern zone to the
northern zone, as per the requirements of 50 CFR 622.384(c)(2)(iii). On
November 1, 2017, NMFS notified the respective states that the quota
transfer was approved. Accordingly, the revised commercial quota for
the 2017-2018 fishing year for the Atlantic Spanish mackerel northern
zone is 762,670 lb (345,941 kg) and the revised commercial quota for
the southern zone is 2,567,330 lb (1,164,521 kg).
As specified at 50 CFR 622.385(b)(1)(ii)(B), after 75 percent of
the adjusted commercial quota of Atlantic 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 Spanish mackerel has been reached. Accordingly, the
commercial trip limit of 1,500 lb (680 kg) per day applies to Atlantic
Spanish mackerel in or from the EEZ in the southern zone effective 6
a.m., local time, on January 27, 2018, until 12:01 a.m., local time,
March 1, 2018, unless changed by subsequent notification in the Federal
Register.
Classification
The Regional Administrator 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 622.385(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 NOAA Assistant Administrator for Fisheries (AA) finds that the need
to immediately reduce the trip limit for the commercial sector for
Atlantic 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 are
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
Atlantic Spanish mackerel resource, because the capacity of the fishing
fleet allows for rapid harvest of the commercial 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
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: January 22, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2018-01385 Filed 1-24-18; 8:45 am]
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