Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; Commercial Trip Limit Increase in the Atlantic Southern Zone, 5571-5572 [2018-02544]
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Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Rules and Regulations
(f) Issuance of an LOA shall be based
on a determination that the level of
taking shall be consistent with the
findings made for the total taking
allowable under these regulations.
(g) Notice of issuance or denial of an
LOA shall be published in the Federal
Register within 30 days of a
determination.
nshattuck on DSK9F9SC42PROD with RULES
§ 218.67 Renewals and modifications of
Letters of Authorization.
(a) An LOA issued under § 216.106 of
this chapter and § 218.66 for the activity
identified in § 218.60(a) shall be
renewed or modified upon request by
the applicant, provided that:
(1) The specified activity and
mitigation, monitoring, and reporting
measures, as well as the anticipated
impacts, are the same as those described
and analyzed for these regulations
(excluding changes made pursuant to
the adaptive management provision in
paragraph (c)(1) of this section); and
(2) NMFS determines that the
mitigation, monitoring, and reporting
measures required by the previous LOA
under these regulations were
implemented.
(b) For an LOA modification or
renewal request by the applicant that
includes changes to the activity or the
mitigation, monitoring, or reporting
(excluding changes made pursuant to
the adaptive management provision in
paragraph (c)(1) of this section) that do
not change the findings made for the
regulations or result in no more than a
minor change in the total estimated
number of authorized takes (or
distribution by species or years), NMFS
may publish a notice of proposed LOA
in the Federal Register, including the
associated analysis illustrating the
change, and solicit public comment
before issuing the LOA.
(c) An LOA issued under § 216.106 of
this chapter and § 218.66 for the activity
identified in § 218.60(a) may be
modified by NMFS under the following
circumstances:
(1) Adaptive Management—NMFS
may modify (including augment) the
existing mitigation, monitoring, or
reporting measures (after consulting
with Eglin AFB regarding the
practicability of the modifications) if
doing so creates a reasonable likelihood
of more effectively accomplishing the
goals of the mitigation and monitoring
set forth in the preamble for these
regulations;
(2) Possible sources of data that could
contribute to the decision to modify the
mitigation, monitoring, or reporting
measures in an LOA are:
(i) Results from Eglin AFB’s annual
monitoring reports;
VerDate Sep<11>2014
14:13 Feb 07, 2018
Jkt 244001
(ii) Results from other marine
mammal and sound research or studies;
or
(iii) Any information that reveals
marine mammals may have been taken
in a manner, extent or number not
authorized by these regulations or
subsequent LOAs.
(3) If, through adaptive management,
the modifications to the mitigation,
monitoring, or reporting measures are
substantial, NMFS will publish a notice
of proposed LOA in the Federal
Register and solicit public comment.
(4) Emergencies—If NMFS determines
that an emergency exists that poses a
significant risk to the well-being of the
species or stocks of marine mammals
specified under LOAs issued pursuant
to § 216.106 of this chapter and
§ 218.60, an LOA may be modified
without prior notice or opportunity for
public comment. Notice would be
published in the Federal Register
within 30 days of the action.
§§ 218.68–218.69
[Reserved]
[FR Doc. 2018–02511 Filed 2–7–18; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 160426363–7275–02]
RIN 0648–XG009
Coastal Migratory Pelagic Resources
of the Gulf of Mexico and Atlantic
Region; Commercial Trip Limit
Increase in the Atlantic Southern Zone
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; trip limit
increase.
AGENCY:
NMFS increases the
commercial trip limit for king mackerel
in or from Federal waters in an area off
the Florida east coast between the
border of Flagler and Volusia Counties
and the border of Miami-Dade and
Monroe Counties in the Atlantic
southern zone to 75 fish per day. This
commercial trip limit increase is
necessary to maximize the
socioeconomic benefits associated with
harvesting the commercial quota of
Atlantic migratory group king mackerel.
DATES: This temporary rule is effective
from 12:01 a.m., local time, February 5,
2018, through February 28, 2018.
SUMMARY:
PO 00000
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Fmt 4700
Sfmt 4700
5571
FOR FURTHER INFORMATION CONTACT:
Frank Helies, NMFS Southeast Regional
Office, telephone: 727–824–5305, email:
frank.helies@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 king mackerel
below apply as either round or gutted
weight.
On April 11, 2017, NMFS published
a final rule to implement Amendment
26 to the FMP in the Federal Register
(82 FR 17387). That final rule adjusted
the management boundaries, zones, and
annual catch limits for Atlantic
migratory group king mackerel (Atlantic
king mackerel). The commercial quota
for Atlantic king mackerel in the
southern zone is 4,540,640 lb (2,059,600
kg) for the current fishing year, March
1, 2017, through February 28, 2018 (50
CFR 622.384(b)(2)(ii)).
The Atlantic king mackerel southern
zone encompasses an area of Federal
waters south of a line extending from
the state border of North Carolina and
South Carolina, as specified in 50 CFR
622.2, and north of a line extending due
east from the border of Miami-Dade and
Monroe Counties, Florida (50 CFR
622.369(a)(2)(ii)). From October 1
through January 31, the commercial trip
limit for king mackerel in or from the
southern zone that may be possessed on
board or landed from a federally
permitted vessel is 50 fish per day (50
CFR 622.385(a)(2)(i)(A)).
However, if NMFS determines that
less than 70 percent of the Atlantic
southern zone commercial quota has
been harvested by February 1, then
during the month of February, the
commercial trip limit for king mackerel
in or from a specified area of the
southern zone that may be possessed on
board or landed from a federally
permitted vessel is increased to 75 fish
per day (50 CFR 622.385(a)(1)(ii)(D)).
The area of the southern zone in which
the commercial trip limit increase
applies is in Federal waters south of
29°25′ N lat., which is a line that
extends due east from the border of
Flagler and Volusia Counties, Florida,
and north of 25°20′24″ N lat., which is
E:\FR\FM\08FER1.SGM
08FER1
5572
Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Rules and Regulations
a line that extends due east from the
border of Miami-Dade and Monroe
Counties, Florida.
NMFS has determined that less than
70 percent of the commercial quota for
Atlantic king mackerel in the southern
zone was harvested by February 1, 2018.
Accordingly, a 75-fish commercial trip
limit applies to vessels fishing for king
mackerel in or from Federal waters
south of 29°25′ N lat. and north of
25°20′24″ N lat. off the east coast of
Florida in the Atlantic southern zone
effective at 12:01 a.m., local time,
February 5, 2018. The 75-fish trip limit
will remain in effect through February
28, 2018, or until the commercial quota
is reached and the southern zone closes.
On March 1, 2018, the new fishing year
begins and a commercial trip limit of 50
fish will again be in effect for this area.
nshattuck on DSK9F9SC42PROD with RULES
Classification
The Regional Administrator for the
NMFS Southeast Region has determined
this temporary rule is necessary for the
conservation and management of
VerDate Sep<11>2014
14:13 Feb 07, 2018
Jkt 244001
Atlantic king mackerel and is consistent
with the Magnuson-Stevens Act and
other applicable laws.
This action is taken under 50 CFR
622.385(a)(1)(ii)(D) 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
commercial trip limit increase
constitutes good cause to waive the
requirements to provide prior notice
and opportunity for public comment
pursuant to the authority set forth in 5
U.S.C. 553(b)(B), because prior notice
and opportunity for public comment on
this temporary rule is unnecessary and
contrary to the public interest. Such
procedures are unnecessary because the
PO 00000
Frm 00052
Fmt 4700
Sfmt 9990
rule establishing the commercial trip
limits has already been subject to notice
and comment, and all that remains is to
notify the public of the trip limit
increase. Such procedures are contrary
to the public interest, because prior
notice and opportunity for public
comment would require time and delay
the fishers’ ability to catch more king
mackerel to harvest the commercial
quota and achieve optimum yield, and
would prevent fishers from reaping the
socioeconomic benefits associated with
this increased commercial trip limit.
For the aforementioned reasons, the
AA also finds good cause to waive the
30-day delay in effectiveness of this
action, pursuant to 5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: February 5, 2018.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2018–02544 Filed 2–5–18; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\08FER1.SGM
08FER1
]]>Agencies
[Federal Register Volume 83, Number 27 (Thursday, February 8, 2018)]
[Rules and Regulations]
[Pages 5571-5572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02544]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 160426363-7275-02]
RIN 0648-XG009
Coastal Migratory Pelagic Resources of the Gulf of Mexico and
Atlantic Region; Commercial Trip Limit Increase in the Atlantic
Southern Zone
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; trip limit increase.
-----------------------------------------------------------------------
SUMMARY: NMFS increases the commercial trip limit for king mackerel in
or from Federal waters in an area off the Florida east coast between
the border of Flagler and Volusia Counties and the border of Miami-Dade
and Monroe Counties in the Atlantic southern zone to 75 fish per day.
This commercial trip limit increase is necessary to maximize the
socioeconomic benefits associated with harvesting the commercial quota
of Atlantic migratory group king mackerel.
DATES: This temporary rule is effective from 12:01 a.m., local time,
February 5, 2018, through February 28, 2018.
FOR FURTHER INFORMATION CONTACT: Frank Helies, NMFS Southeast Regional
Office, telephone: 727-824-5305, 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 king mackerel below apply as either round or gutted weight.
On April 11, 2017, NMFS published a final rule to implement
Amendment 26 to the FMP in the Federal Register (82 FR 17387). That
final rule adjusted the management boundaries, zones, and annual catch
limits for Atlantic migratory group king mackerel (Atlantic king
mackerel). The commercial quota for Atlantic king mackerel in the
southern zone is 4,540,640 lb (2,059,600 kg) for the current fishing
year, March 1, 2017, through February 28, 2018 (50 CFR
622.384(b)(2)(ii)).
The Atlantic king mackerel southern zone encompasses an area of
Federal waters south of a line extending from the state border of North
Carolina and South Carolina, as specified in 50 CFR 622.2, and north of
a line extending due east from the border of Miami-Dade and Monroe
Counties, Florida (50 CFR 622.369(a)(2)(ii)). From October 1 through
January 31, the commercial trip limit for king mackerel in or from the
southern zone that may be possessed on board or landed from a federally
permitted vessel is 50 fish per day (50 CFR 622.385(a)(2)(i)(A)).
However, if NMFS determines that less than 70 percent of the
Atlantic southern zone commercial quota has been harvested by February
1, then during the month of February, the commercial trip limit for
king mackerel in or from a specified area of the southern zone that may
be possessed on board or landed from a federally permitted vessel is
increased to 75 fish per day (50 CFR 622.385(a)(1)(ii)(D)). The area of
the southern zone in which the commercial trip limit increase applies
is in Federal waters south of 29[deg]25' N lat., which is a line that
extends due east from the border of Flagler and Volusia Counties,
Florida, and north of 25[deg]20'24'' N lat., which is
[[Page 5572]]
a line that extends due east from the border of Miami-Dade and Monroe
Counties, Florida.
NMFS has determined that less than 70 percent of the commercial
quota for Atlantic king mackerel in the southern zone was harvested by
February 1, 2018. Accordingly, a 75-fish commercial trip limit applies
to vessels fishing for king mackerel in or from Federal waters south of
29[deg]25' N lat. and north of 25[deg]20'24'' N lat. off the east coast
of Florida in the Atlantic southern zone effective at 12:01 a.m., local
time, February 5, 2018. The 75-fish trip limit will remain in effect
through February 28, 2018, or until the commercial quota is reached and
the southern zone closes. On March 1, 2018, the new fishing year begins
and a commercial trip limit of 50 fish will again be in effect for this
area.
Classification
The Regional Administrator for the NMFS Southeast Region has
determined this temporary rule is necessary for the conservation and
management of Atlantic king mackerel and is consistent with the
Magnuson-Stevens Act and other applicable laws.
This action is taken under 50 CFR 622.385(a)(1)(ii)(D) 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 commercial trip limit increase
constitutes good cause to waive the requirements to provide prior
notice and opportunity for public comment pursuant to the authority set
forth in 5 U.S.C. 553(b)(B), because prior notice and opportunity for
public comment on this temporary rule is unnecessary and contrary to
the public interest. Such procedures are unnecessary because the rule
establishing the commercial trip limits has already been subject to
notice and comment, and all that remains is to notify the public of the
trip limit increase. Such procedures are contrary to the public
interest, because prior notice and opportunity for public comment would
require time and delay the fishers' ability to catch more king mackerel
to harvest the commercial quota and achieve optimum yield, and would
prevent fishers from reaping the socioeconomic benefits associated with
this increased commercial trip limit.
For the aforementioned reasons, the AA also finds good cause to
waive the 30-day delay in effectiveness of this action, pursuant to 5
U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: February 5, 2018.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2018-02544 Filed 2-5-18; 4:15 pm]
BILLING CODE 3510-22-P
