Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; 2017-2018 Commercial Closure for King Mackerel in the Gulf of Mexico Northern Zone, 22601-22602 [2018-10434]

Download as PDF Federal Register / Vol. 83, No. 95 / Wednesday, May 16, 2018 / Rules and Regulations 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). VII. Congressional Review Act nshattuck on DSK9F9SC42PROD with RULES 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). * * * * * [FR Doc. 2018–10345 Filed 5–15–18; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 160426363–7275–02] RIN 0648–XF920 Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; 2017–2018 Commercial Closure for King Mackerel in the Gulf of Mexico Northern Zone 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 king mackerel in the northern zone of the Gulf of Mexico List of Subjects in 40 CFR Part 180 (Gulf) exclusive economic zone (EEZ) through this temporary rule. NMFS has Environmental protection, determined that the commercial quota Administrative practice and procedure, for king mackerel in the northern zone Agricultural commodities, Pesticides and pests, Reporting and recordkeeping of the Gulf EEZ will be reached by May 15, 2018. Therefore, NMFS closes the requirements. northern zone of the Gulf EEZ to Dated: April 30, 2018. commercial king mackerel fishing on Daniel Rosenblatt, May 15, 2018. This closure is necessary Acting Director, Registration Division, Office to protect the Gulf king mackerel of Pesticide Program. resource. Therefore, 40 CFR chapter I is DATES: The closure is effective at 12:01 amended as follows: a.m., local time, May 15, 2018, until 12:01 a.m., local time, on October 1, PART 180—[AMENDED] 2018. FOR FURTHER INFORMATION CONTACT: ■ 1. The authority citation for part 180 Kelli O’Donnell, NMFS Southeast continues to read as follows: Regional Office, telephone: 727–824– Authority: 21 U.S.C. 321(q), 346a and 371. 5305, email: kelli.odonnell@noaa.gov. ■ 2. In § 180.474, add alphabetically the SUPPLEMENTARY INFORMATION: The entries ‘‘Ginseng, dried’’ and ‘‘Ginseng, fishery for coastal migratory pelagic fish fresh’’ to the table in paragraph (a)(1) to includes king mackerel, Spanish read as follows: mackerel, and cobia, and is managed under the Fishery Management Plan for § 180.474 Tebuconazole; tolerances for the Coastal Migratory Pelagic Resources residues. of the Gulf of Mexico and Atlantic (a) * * * Region (FMP). The FMP was prepared (1) * * * by the Gulf of Mexico and South Atlantic Fishery Management Councils Parts per Commodity and is implemented by NMFS under the million authority of the Magnuson-Stevens Fishery Conservation and Management * * * * * Act (Magnuson-Stevens Act) by Ginseng, dried 1 .................... 0.40 regulations at 50 CFR part 622. All 1 .................... Ginseng, fresh 0.15 weights for Gulf king mackerel below apply as either round or gutted weight. * * * * * On April 11, 2017, NMFS published 1 There are no U.S. registrations. a final rule to implement Amendment VerDate Sep<11>2014 13:12 May 15, 2018 Jkt 244001 SUMMARY: PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 22601 26 to the FMP in the Federal Register (82 FR 17387). That final rule adjusted the management boundaries, zones, and annual catch limits for Gulf migratory group king mackerel (Gulf king mackerel). The commercial quota for the Gulf king mackerel in the Gulf northern zone is 511,200 lb (231,876 kg) for the current fishing year, October 1, 2017, through September 30, 2018 (50 CFR 622.384(b)(1)(ii)). The Gulf king mackerel northern zone is located in the EEZ between a line at 87°31.6′ W long., which is a line extending due south of the state boundary of Alabama and Florida, and a line at 26°19.48′ N lat., which is a line extending west from the boundary of Lee and Collier Counties in southwest Florida. Regulations at 50 CFR 622.388(a)(1)(i) require NMFS to close the commercial sector for Gulf king 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 commercial quota of 511,200 lb (231,876 kg) for Gulf king mackerel in the northern zone will be reached by May 15, 2018. Accordingly, the northern zone is closed to commercial fishing for Gulf king mackerel effective from 12:01 a.m., local time, on May 15, 2018, through September 30, 2018, the end of the current fishing year. During the closure, a person on board a vessel that has been issued a valid Federal commercial or charter vessel/ headboat permit for coastal migratory pelagic fish may continue to retain the king mackerel in the northern zone under the recreational bag and possession limits specified in 50 CFR 622.382(a)(1)(ii) and (a)(2), as long as the recreational sector for Gulf king mackerel in the northern zone is open (50 CFR 622.384(e)(1)). Also during the closure, king 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 king 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 Regional Administrator for the NMFS Southeast Region has determined this temporary rule is necessary for the conservation and management of Gulf king mackerel and is consistent with the Magnuson-Stevens Act and other applicable laws. E:\FR\FM\16MYR1.SGM 16MYR1 22602 Federal Register / Vol. 83, No. 95 / Wednesday, May 16, 2018 / Rules and Regulations This action is taken under 50 CFR 622.384(e) and 622.388(a)(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 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 implement immediately this action to protect the king 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 the effectiveness of this action under 5 U.S.C. 553(d)(3). Authority: 16 U.S.C. 1801 et seq. Dated: May 11, 2018. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018–10434 Filed 5–11–18; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [Docket No. 150121066–5717–02] nshattuck on DSK9F9SC42PROD with RULES RIN 0648–XG237 Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. VerDate Sep<11>2014 13:12 May 15, 2018 Jkt 244001 NMFS closes the Gulf of Mexico Angling category fishery for large medium and giant (‘‘trophy’’ (i.e., measuring 73 inches curved fork length or greater)) Atlantic bluefin tuna (BFT). This action is being taken to prevent overharvest of the Angling category Gulf of Mexico trophy BFT subquota. DATES: Effective 11:30 p.m., local time, May 13, 2018, through December 31, 2018. SUMMARY: FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin or Brad McHale, 978–281–9260. SUPPLEMENTARY INFORMATION: Regulations implemented under the authority of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of BFT by persons and vessels subject to U.S. jurisdiction are found at 50 CFR part 635. Section 635.27 subdivides the U.S. BFT quota recommended by the International Commission for the Conservation of Atlantic Tunas (ICCAT) among the various domestic fishing categories, per the allocations established in the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan (2006 Consolidated HMS FMP) (71 FR 58058, October 2, 2006) and amendments. NMFS is required, under § 635.28(a)(1), to file a closure notice with the Office of the Federal Register for publication when a BFT quota is reached or is projected to be reached. On and after the effective date and time of such notification, for the remainder of the fishing year or for a specified period as indicated in the notification, retaining, possessing, or landing BFT under that quota category is prohibited until the opening of the subsequent quota period or until such date as specified in the notice. Angling Category Large Medium and Giant Gulf of Mexico ‘‘Trophy’’ Fishery Closure 50 CFR Part 635 AGENCY: Temporary rule; closure of Angling category Gulf of Mexico trophy fishery. ACTION: The 2018 BFT fishing year, which is managed on a calendar-year basis and subject to an annual calendar-year quota, began January 1, 2018. The Angling category season opened January 1, 2018, and continues through December 31, 2018. The currently codified Angling category quota is 195.2 metric tons (mt), of which 4.5 mt is allocated for the harvest of large medium and giant (trophy) BFT by PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 vessels fishing under the Angling category quota, with 1.5 mt allocated for each of the following areas: North of 39°18′ N lat. (off Great Egg Inlet, NJ); south of 39°18′ N lat. and outside the Gulf of Mexico (the ‘‘southern area’’); and in the Gulf of Mexico. Trophy BFT measure 73 inches (185 cm) curved fork length or greater. Based on reported landings from the NMFS Automated Catch Reporting System, NMFS has determined that the codified Angling category Gulf of Mexico trophy BFT subquota has been reached and exceeded and that a closure of the Gulf of Mexico trophy BFT fishery is warranted. Therefore, retaining, possessing, or landing large medium or giant BFT in the Gulf of Mexico by persons aboard vessels permitted in the HMS Angling category and the HMS Charter/Headboat category (when fishing recreationally) must cease at 11:30 p.m. local time on May 13, 2018. This closure will remain effective through December 31, 2018. This action is intended to prevent further overharvest of the Angling category Gulf of Mexico trophy BFT subquota, and is taken consistent with the regulations at § 635.28(a)(1). If needed, subsequent Angling category adjustments will be published in the Federal Register. Information regarding the Angling category fishery for Atlantic tunas, including daily retention limits for BFT measuring 27 inches (68.5 cm) to less than 73 inches and any further Angling category adjustments, is available at hmspermits.noaa.gov or by calling (978) 281–9260. HMS Angling and HMS Charter/Headboat category permit holders may catch and release (or tag and release) BFT of all sizes, subject to the requirements of the catch-andrelease and tag-and-release programs at § 635.26. Anglers are also reminded that all BFT that are released must be handled in a manner that will maximize survival, and without removing the fish from the water, consistent with requirements at § 635.21(a)(1). For additional information on safe handling, see the ‘‘Careful Catch and Release’’ brochure available at https:// www.fisheries.noaa.gov/resource/ outreach-and-education/careful-catchand-release-brochure. HMS Charter/Headboat and Angling category vessel owners are required to report the catch of all BFT retained or discarded dead, within 24 hours of the landing(s) or end of each trip, by accessing hmspermits.noaa.gov or by using the HMS Catch Reporting App. E:\FR\FM\16MYR1.SGM 16MYR1

Agencies

[Federal Register Volume 83, Number 95 (Wednesday, May 16, 2018)]
[Rules and Regulations]
[Pages 22601-22602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10434]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 160426363-7275-02]
RIN 0648-XF920


Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
Atlantic Region; 2017-2018 Commercial Closure for King Mackerel in the 
Gulf of Mexico Northern Zone

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 
king mackerel in the northern 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 northern 
zone of the Gulf EEZ will be reached by May 15, 2018. Therefore, NMFS 
closes the northern zone of the Gulf EEZ to commercial king mackerel 
fishing on May 15, 2018. This closure is necessary to protect the Gulf 
king mackerel resource.

DATES: The closure is effective at 12:01 a.m., local time, May 15, 
2018, until 12:01 a.m., local time, on October 1, 2018.

FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, 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 Gulf 
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 Gulf migratory group king mackerel (Gulf king mackerel). The 
commercial quota for the Gulf king mackerel in the Gulf northern zone 
is 511,200 lb (231,876 kg) for the current fishing year, October 1, 
2017, through September 30, 2018 (50 CFR 622.384(b)(1)(ii)).
    The Gulf king mackerel northern zone is located in the EEZ between 
a line at 87[deg]31.6' W long., which is a line extending due south of 
the state boundary of Alabama and Florida, and a line at 26[deg]19.48' 
N lat., which is a line extending west from the boundary of Lee and 
Collier Counties in southwest Florida.
    Regulations at 50 CFR 622.388(a)(1)(i) require NMFS to close the 
commercial sector for Gulf king 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 commercial quota of 511,200 lb (231,876 kg) for 
Gulf king mackerel in the northern zone will be reached by May 15, 
2018. Accordingly, the northern zone is closed to commercial fishing 
for Gulf king mackerel effective from 12:01 a.m., local time, on May 
15, 2018, through September 30, 2018, the end of the current fishing 
year.
    During the closure, a person on board a vessel that has been issued 
a valid Federal commercial or charter vessel/headboat permit for 
coastal migratory pelagic fish may continue to retain the king mackerel 
in the northern zone under the recreational bag and possession limits 
specified in 50 CFR 622.382(a)(1)(ii) and (a)(2), as long as the 
recreational sector for Gulf king mackerel in the northern zone is open 
(50 CFR 622.384(e)(1)).
    Also during the closure, king 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 king 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 Regional Administrator for the NMFS Southeast Region has 
determined this temporary rule is necessary for the conservation and 
management of Gulf king mackerel and is consistent with the Magnuson-
Stevens Act and other applicable laws.

[[Page 22602]]

    This action is taken under 50 CFR 622.384(e) and 622.388(a)(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 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 implement immediately this action to protect the king 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 the effectiveness of this action under 5 
U.S.C. 553(d)(3).

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

    Dated: May 11, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-10434 Filed 5-11-18; 4:15 pm]
 BILLING CODE 3510-22-P