Temporary Rule To Increase the Commercial Trip Limit for Atlantic King Mackerel, 51435-51438 [2019-21127]
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Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Rules and Regulations
§ 391.23(d) and (e). This file must be
maintained in a secure location with
controlled access.
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(b) * * *
(1) A copy of the driver’s written
authorization for the motor carrier to
seek information about a driver’s
alcohol and controlled substances
history as required under § 391.23(f)(1).
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PART 392—DRIVING OF COMMERCIAL
MOTOR VEHICLES
37. The authority citation for part 392
is revised to read as follows:
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Authority: 49 U.S.C. 504, 521, 13902,
13908, 31136, 31151, 31502; sec. 112 of Pub.
L. 103–311, 108 Stat. 1673, 1676, as amended
by sec. 32509 of Pub. L. 112–141, 126 Stat.
405, 805; and 49 CFR 1.87.
§ 392.10
[Amended]
38. Amend § 392.10 by removing the
commas at the end of paragraphs (b)(2)
and (4) and adding in their place
periods.
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PART 395—HOURS OF SERVICE OF
DRIVERS
39. The authority citation for part 395
continues to read as follows:
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Authority: 49 U.S.C. 504, 31133, 31136,
31137, 31502; sec. 113, Pub. L. 103–311, 108
Stat. 1673, 1676; sec. 229, Pub. L. 106–159
(as added and transferred by sec. 4115 and
amended by secs. 4130–4132, Pub. L. 109–59,
119 Stat. 1144, 1726, 1743, 1744); sec. 4133,
Pub. L. 109–59, 119 Stat. 1144, 1744; sec.
108, Pub. L. 110–432, 122 Stat. 4860–4866;
sec. 32934, Pub. L. 112–141, 126 Stat. 405,
830; sec. 5206(b), Pub. L. 114–94, 129 Stat.
1312, 1537; and 49 CFR 1.87.
40. Amend § 395.1 by revising
paragraph (a)(1) to read as follows:
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§ 395.1
Definitions.
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Livestock means cattle, elk, reindeer,
bison, horses, deer, sheep, goats, swine,
poultry (including egg-producing
poultry), llamas, alpacas, live fish,
crawfish, and other animals that are part
of a foundation herd (including dairy
producing cattle) or offspring; or are
purchased as part of a normal operation
and not to obtain additional benefits
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42. The authority citation for part 396
continues to read as follows:
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Authority: 49 U.S.C. 504, 31133, 31136,
31151, 31502; sec. 32934, Pub. L. 112–141,
126 Stat. 405, 830; sec. 5524, Pub. L. 114–94,
129 Stat. 1312, 1560; and 49 CFR 1.87.
43. Amend § 396.15 by revising
paragraph (a) to read as follows:
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§ 396.15 Driveaway-towaway operations
and inspections.
(a) General. Every motor carrier, with
respect to motor vehicles engaged in
driveaway-towaway operations, shall
comply with the requirements of this
part. Exception: Maintenance records
required by § 396.3, the vehicle
inspection report required by § 396.11,
and the periodic inspection required by
§ 396.17 of this part shall not be
required for any vehicle which is part of
the shipment being delivered.
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Issued under authority delegated in 49 CFR
1.87 on:
Dated: September 5, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019–20591 Filed 9–27–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[Docket No. 190924–0037]
Scope of rules in this part.
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PART 396—INSPECTION, REPAIR,
AND MAINTENANCE
50 CFR Part 622
(a) General. (1) The rules in this part
apply to all motor carriers and drivers,
except as provided in paragraphs (b)
through (x) of this section.
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■ 41. Amend § 395.2 by revising the
definition of ‘‘livestock’’ to read as
follows:
§ 395.2
under the Emergency Livestock Feed
Assistance Act of 1988, as amended.
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RIN 0648–BJ19
Temporary Rule To Increase the
Commercial Trip Limit for Atlantic King
Mackerel
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final temporary rule; emergency
action.
AGENCY:
NMFS issues this emergency
action, a final temporary rule to revise
the Atlantic migratory group king
mackerel (Atlantic king mackerel)
commercial trip limit within the
Atlantic southern zone from October 1,
2019, through February 29, 2020, as
requested by the South Atlantic Fishery
SUMMARY:
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51435
Management Council (Council). The
purpose of this final temporary rule is
to increase the commercial trip limit to
allow for a significant economic
opportunity that otherwise would be
forgone and relieve an economic burden
within the Atlantic king mackerel
commercial sector without increasing
the risk to the stock.
DATES: This temporary rule is effective
October 1, 2019, through February 29,
2020.
ADDRESSES: Electronic copies of the
documents in support of this emergency
rule, which includes the Council’s letter
to NMFS that contains the Council’s
rationale for the emergency action
request may be obtained from the
Southeast Regional Office website at
https://www.fisheries.noaa.gov/action/
emergency-rule-king-mackerel-triplimits.
FOR FURTHER INFORMATION CONTACT:
Karla Gore, NMFS Southeast Regional
Office, telephone: 727–551–5753, or
email: karla.gore@noaa.gov.
SUPPLEMENTARY INFORMATION: The
coastal migratory pelagics fishery is
managed under the Fishery
Management Plan for Coastal Migratory
Pelagic Resources in the Gulf of Mexico
and Atlantic Region (FMP) and includes
king mackerel and Spanish mackerel
and, in the Gulf of Mexico, cobia. The
FMP was prepared by the Gulf of
Mexico Fishery Management Council
and the Council and is implemented by
NMFS through regulations at 50 CFR
part 622 under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act). The
Magnuson-Stevens Act provides the
legal authority for the promulgation of
emergency regulations under section
305(c)(16 U.S.C. 1855(c)).
Background
The fishery for Atlantic king mackerel
is divided into a northern zone and a
southern zone in the exclusive
economic zone (EEZ), with the quota for
this migratory group divided between
the two zones. The northern zone
extends from the North Carolina/South
Carolina boundary through New York,
and the southern zone extends from the
North Carolina/South Carolina
boundary to the Miami-Dade/Monroe
County, Florida, boundary. The fishing
year for the commercial sector for
Atlantic king mackerel is March 1
through the end of February. The quota
for the southern zone is allocated
between two commercial seasons.
Season 1 allocates 60 percent of the
quota from March 1 through September
30, and Season 2 allocates 40 percent of
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the quota from October 1 through the
end of February. Any unused quota
from Season 1 transfers during the
current fishing year to Season 2, with no
provision allowing the carryover of any
unused quota at the end of Season 2.
When the quota for a season is reached
or expected to be reached, commercial
harvest of king mackerel in the Atlantic
southern zone is prohibited for the
remainder of that season.
The trip limit system for the southern
zone includes a 3,500 lb (1,588 kg) yearround trip limit north of the Flagler/
Volusia County, FL, boundary. For the
area between the Flagler/Volusia
County, FL, boundary, and the MiamiDade/Monroe County, FL, boundary, the
trip limit is 50 fish during Season 2
from October 1 through January 31. The
trip limit remains at 50 fish during the
month of February, unless NMFS
determines that less than 70 percent of
the commercial quota for the southern
zone’s second season has been landed.
In that case, NMFS announces the trip
limit increase to 75 fish in the Federal
Register.
The Southeast Data, Assessment, and
Review (SEDAR) 38 stock assessment
(SEDAR 38; September 2014) indicated
that neither the Atlantic nor Gulf king
mackerel migratory groups were
overfished or undergoing overfishing.
With the implementation of
Amendment 26 to the FMP (68 FR
17387; April 11, 2017), the southern
zone quota increased from the initial
2,587,960 lb (1,173,879 kg) to 5,002,400
lb (2,269,050 kg) in 2016–2017, and was
set at 4,450,640 lb (2,059,600 kg) in
2017–2018, 4,001,920 lb (1,185,240 kg)
in 2018–2019, and 3,617,120 lb
(1,640,698 kg) in 2019–2020.
In March 2019, the Council voted to
begin developing Framework
Amendment 8 to the FMP to address
stakeholder concerns about the 50-fish
Season 2 trip limit. Stakeholders and
members of the Council’s Mackerel
Cobia Advisory Panel (AP) indicated
that the current 50-fish Season 2 trip
limit is a factor in preventing
commercial king mackerel fishermen
from catching the Season 2 quota or
achieving optimum yield (OY). While
commercial landings have increased
slightly in recent years, during Season 2
the vessels that are capable of landing
more than the trip limit are
unnecessarily limited because of the
lower trip limit. The AP discussed these
problems at its April 2019 meeting and
reviewed new information showing how
much of the quota is not being harvested
since the implementation of the 50-fish
Season 2 trip limit in May 2017. After
discussion, the AP voted to recommend
that the Council consider emergency
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action for 2019 to raise the trip limit
south of the Flagler/Volusia County, FL,
boundary from 50 to 75 fish beginning
in October, the start of Season 2. The
Council discussed the AP’s
recommendation at their June 2019
meeting and heard public testimony
supporting the emergency action. They
reviewed new information showing how
much of the Season 2 quota has not
been harvested the last several years by
the commercial sector. For example,
Season 2 preliminary landings are
710,729 lb (322,381 kg) for the 2017–
2018 fishing year and 929,000 lb
(421,387 kg) for the 2018–2019 fishing
year, and the unadjusted quota was
1,600,768 lb (726,096 kg). The Council
was also presented with new
preliminary information that showed
the estimated average value of the
unharvested southern zone quota was
over 5 million dollars for the 2017–2018
fishing year and over 3 million dollars
for the 2018–2019 fishing year. After
reviewing all of the information, the
Council voted 12–1 in favor of an
emergency rule under the MagnusonStevens Act to increase the trip limit for
Season 2 to 75 fish. On June 21, 2019,
the Council sent NMFS a letter
requesting an emergency rule to
increase the 2019–2020 fishing year’s
Season 2 commercial trip limit for king
mackerel.
Justification for Emergency Action
NMFS’ Policy Guidelines for the Use
of Emergency Rules (62 FR 44421;
August 21, 1997) list three criteria for
determining whether an emergency
exists, and this temporary rule is
promulgated under these guidelines and
meets each of these three criteria.
Specifically, NMFS’ policy guidelines
require that an emergency: (1) Results
from recent, unforeseen events or
recently discovered circumstances; (2)
presents serious conservation or
management problems in the fishery;
and (3) can be addressed through
emergency regulations for which the
immediate benefits outweigh the value
of advance notice, public comment, and
deliberative consideration of the
impacts on participants to the same
extent as would be expected under the
normal rulemaking process.
At their June 2019 meeting, the
Council reviewed recent preliminary
landings estimates showing that a large
percentage of the southern zone quota
was not being harvested. The trip limit
system and split season structure for the
southern zone were implemented on
May 11, 2017, through Amendment 26
to the FMP. One purpose of Amendment
26 was to increase the social and
economic benefits of the fishery. The
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primary function of the split season
structure and trip limit system was to
ensure the longest commercial fishing
season possible for Atlantic king
mackerel and to provide continued
access throughout the fishing year to
commercial king mackerel fishermen.
However, during public comment at the
June 2019 Council meeting, commercial
king mackerel fishermen told the
Council that when they fish south of the
Flagler/Volusia County, FL, boundary,
because of the low trip limit they are
unable to carry their usual amount of
crew, they operate less efficiently, and
they are unable to fully utilize the
available resource. The Council
discussed the fishermen’s concerns and
these unforeseen negative consequences
of the Season 2 trip limit, including the
estimated value of the unharvested
quota. The Council determined that an
emergency rule to increase the trip limit
was necessary to prevent further
unnecessary economic losses and would
substantially increase the likelihood of
achieving OY in the fishery for the
2019–2020 fishing year. Framework
Amendment 8 is in the early stages of
development by the Council and cannot
be implemented in time for the October
1, 2019, beginning of Season 2 for the
2019–2020 fishing year. Waiting for
implementation of Framework
Amendment 8 would preclude a
significant economic opportunity that
could otherwise be realized in the 2019–
2020 fishing year under an emergency
rule.
An emergency rule could provide for
a temporary increase in the trip limit
that would allow fishermen to increase
their trip efficiency and avoid further
unnecessary economic harm and related
social problems, while the Council
works on providing a permanent
solution through the development of
Framework Amendment 8. The
emergency rule would not increase the
overall Season 2 commercial quota or
ACL for king mackerel, but it would
allow fishermen more opportunity to
harvest the quota and to achieve OY.
The Council and NMFS expect that,
since commercial king mackerel
landings have not reached the southern
zone quota in recent years, increasing
the trip limit from 50 to 75 fish in the
southern zone south of Flagler/Volusia
County, FL, for Season 2 would be
unlikely to result in an early
commercial closure, given the expected
level of commercial effort during Season
2, including the anticipated increased
effort resulting from this emergency
rule. In addition, the current ACL and
accountability measures would continue
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to constrain harvest and prevent
overfishing.
NMFS has determined that modifying
the 2019–2020 Season 2 commercial trip
limit as described above meets the three
criteria required for an emergency rule.
The Council requested this emergency
rule, a final temporary rule, in response
to recently discovered and unforeseen
negative consequences of the
commercial trip limit system for
Atlantic king mackerel put in place
through Amendment 26 that present a
serious management problem in this
fishery. In recent years, the king
mackerel commercial quota for the
Atlantic southern zone has not been
harvested. In the 2018–2019 fishing
year, only approximately 59 percent of
the quota was harvested. The value of
unharvested commercial quota for the
Atlantic southern zone over the last four
fishing seasons averages $3,880,961 per
season. The unharvested quota of king
mackerel in the Atlantic southern zone
represents a significant value of catch
unavailable to fishing communities from
trip limits that are unnecessarily
restricting harvest well below the
allowable quota. The current trip limit
of 50 fish in Season 2 for the southern
zone south of Flagler/Volusia County,
FL, results in a loss of significant
economic opportunity, because vessels
that are capable of landing more than 50
fish are unnecessarily limited by the
lower trip limit.
NMFS expects 102 vessels that make
593 (28.7 percent) of the affected trips
to benefit from the increased trip limit,
with an average increase of dockside
revenue of $203.81 (2017 dollars) per
trip, and an increase in the total
dockside revenue for those trips,
combined, of approximately $120,859.
Additionally, this rule changes the
February 2020 commercial trip limit,
currently at 75 fish if less than 70
percent of the quota is reached, and 50
fish after 70 percent of the quota is
reached, to 75 fish in February
regardless of the percentage of the quota
reached. Not revising the trip limit
system for the Atlantic southern zone
during Season 2 of the 2019–2020
fishing year would result in unnecessary
limits on landings and associated
dockside revenues because of
unharvested quota, and most likely
would preclude achievement of OY.
Unnecessarily low trip limits are
affecting these vessels’ ability to operate
efficiently, and reduced dockside
revenues per trip have negative indirect
economic effects, such as significantly
reduced incomes for vessel owners and
crew. The current trip limit system is
causing undue hardship on fishing
communities reliant upon the king
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mackerel resource along the east coast of
Florida, specifically, south of Flagler/
Volusia County, FL, to the Miami-Dade/
Monroe County, FL, boundary. NMFS
expects an increase in the Season 2 trip
limit for the 2019–2020 fishing year to
provide immediate direct economic and
social benefits to commercial king
mackerel fishermen operating in this
area by allowing for increased landings
and thereby increasing trip revenues.
Additionally, larger trip limits that
result in increased revenues to vessels
have positive economic impacts, such as
increased incomes to owners and crew,
more job opportunities for vessel crew,
and more king mackerel available to
processors, dealers and consumers.
The benefits to the king mackerel
fishermen of using an emergency action
to increase the trip limit for Season 2 in
the 2019–2020 fishing year outweigh the
value of taking the time necessary to
complete normal, notice-and-comment
rulemaking. Season 2 begins on October
1, 2019, and Framework Amendment 8
to the FMP, which the Council is
developing to make more permanent
modifications to the Season 2 trip limit
measures, will not be completed and
implemented during 2019. As a result,
neither the upcoming Framework
Amendment 8 and its required noticeand-comment rulemaking process
would allow for an increase in the trip
limit in time to apply to Season 2 of the
2019–2020 fishing year. Thus, using the
notice-and-comment rulemaking
process instead of an emergency action
would unnecessarily prevent the
economic gains to fishing industry
participants and communities for the
upcoming season. During the June 2019
Council meeting held in Stuart, FL,
nearly 40 individuals commented
during the public comment session, and
most of them spoke in support of
increasing the trip limit. In addition,
this emergency action is temporary. In
developing any future, more permanent
trip limit measures through Framework
Amendment 8, the Council process will
provide ample opportunity for notice
and comment and full public
participation.
Management Measure Contained in
This Temporary Rule
This final temporary rule revises the
Atlantic king mackerel commercial trip
limit in the southern zone south of
Flagler/Volusia County, FL, to the
Miami-Dade/Monroe County, FL,
boundary during Season 2 for the
commercial sector. The current 50-fish
commercial trip limit will be increased
to 75 fish from October 1, 2019, through
February 29, 2020, between the Flagler/
Volusia County, FL, boundary, and the
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51437
Miami-Dade/Monroe County, FL,
boundary. For the month of February,
this temporary rule will remove the trip
limit reduction measures of 75 to 50 fish
when 70 percent of the quota is reached
to maintaining 75 fish for the entire
month of February, or until the total
quota is reached. Implementing this
measure through emergency action will
allow for increased economic and
harvest opportunities that would
otherwise not be realized by fishing
industry participants and communities
in the upcoming season, while the
Council continues development of longterm measures to address commercial
trip limits in Framework Amendment 8.
The Council is currently planning to
finalize Framework Amendment 8 in
December 2019, and will subsequently
submit it for Secretarial review and
rulemaking.
NMFS issues this final temporary rule
without opportunity for prior notice and
public comment. While an emergency
action through the Magnuson-Stevens
Act may be implemented for an initial
period of 180 days and then
subsequently extended for up to another
186 days, NMFS does not expect that to
occur for this action. Given the limited
scope of this action to only be effective
from October 2019 through February
2020, no extension of these emergency
measures is necessary or expected.
Classification
This action is issued pursuant to
section 305(c) of the Magnuson-Stevens
Act, 16 U.S.C. 1855(c). The Assistant
Administrator for Fisheries, NOAA, has
determined that this emergency action
is consistent with the MagnusonStevens Act, the FMP, and other
applicable law. This action is being
taken pursuant to the emergency
provisions of the Magnuson-Stevens Act
and is exempt from Office of
Management and Budget (OMB) review.
The Assistant Administrator for
Fisheries, NOAA, finds good cause,
pursuant to 5 U.S.C. 553(b)(B), to waive
prior notice and the opportunity for
public comment as impracticable and
contrary to the public interest.
Providing prior notice and opportunity
for public comment would preclude
implementing the higher trip limit in
time for the start of Season 2 on October
1, 2019. Notice-and-comment
rulemaking is contrary to the public
interest in these circumstances. This
final temporary rule allows for a
significant economic opportunity that
otherwise would be forgone, and
relieves an economic burden within the
Atlantic king mackerel commercial
sector without increasing the risk to the
stock. This emergency action increases
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the commercial trip limit for Atlantic
king mackerel from 50 fish to 75 fish
from October 2019 through January
2020, in Federal waters from the
Flagler/Volusia County, FL, boundary to
the Miami-Dade/Monroe County, FL,
boundary. One hundred and two vessels
that make 28.7 percent of the trips are
expected to benefit, with an average
increase of dockside revenue of $203.81
per trip (2017 dollars) for 593 trips, and
an increase in total dockside revenue for
those trips combined approximately by
$120,859. This rule also changes the
February 2020 commercial trip limit
from the Flagler/Volusia County, FL,
boundary to the Miami-Dade/Monroe
County, FL, boundary, which is
presently at 75 fish if less than 70
percent of the Season 2 quota is reached
and 50 fish after 70 percent of the quota
is reached, to 75 fish regardless of the
percentage of the quota reached.
Because 70 percent of the quota has not
been reached since implementation of
the current trip limit, the limit in
February has essentially been at 75 fish.
Consequently, no changes in February
landings are expected. The current ACL
and accountability measures will
continue to constrain commercial
harvest and prevent overfishing, and no
adverse effects to the king mackerel
resource are expected to occur as a
result of the increased trip limit.
For these same reasons, the AA also
finds good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in
the date of effectiveness of the action.
Also, because this measure increases the
current Season 2 trip limit, it relieves a
restriction, and therefore it also falls
within the 5 U.S.C. 553(d)(1) exception
to the 30-day delay in the date of
effectiveness requirement. Additionally,
if the increased trip limit is not in effect
by the start of Season 2, October, 1,
2019, then the benefits of this action
would be reduced and the full economic
opportunities that are anticipated would
not be realized. A reduction of expected
benefits would also be contrary to the
intent of the Council.
This emergency rule is exempt from
the procedures of the Regulatory
Flexibility Act because the rule is not
subject to the requirement to provide
prior notice and opportunity for public
comment pursuant to 5 U.S.C. 553 or
any other law. Accordingly, no
regulatory flexibility analysis is required
and none has been prepared.
List of Subjects in 50 CFR Part 622
Atlantic, Commercial, Fisheries,
Fishing, King mackerel, Trip limits.
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Dated: September 24, 2019.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622 is amended
as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.385, suspend paragraphs
(a)(1)(ii)(C) and (D), and (a)(1)(iii)(C) and
(D), and add paragraphs (a)(1)(ii)(E), and
(a)(1)(iii)(E) to read as follows:
■
§ 622.385
Commercial trip limits.
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(a) * * *
(1) * * *
(ii) * * *
(E) From October 1 through the end of
February—75 fish.
(iii) * * *
(E) From October 1 through the end of
February—75 fish.
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[FR Doc. 2019–21127 Filed 9–27–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 170828822–70999–02]
RIN 0648–XX014
Fisheries of the Northeastern United
States; Scup Fishery; Adjustment to
the 2019 Winter II Quota
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
adjustment.
AGENCY:
NMFS adjusts the 2019
Winter II commercial scup quota and
per-trip Federal landing limit. This
action is intended to comply with
Framework Adjustment 3 to the
Summer Flounder, Scup, and Black Sea
Bass Fishery Management Plan that
established the rollover of unused
commercial scup quota from the Winter
I to Winter II period. This document is
intended to inform the public of this
quota and trip limit change.
SUMMARY:
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Effective October 1, 2019,
through December 31, 2019.
DATES:
FOR FURTHER INFORMATION CONTACT:
Laura Hansen, Fishery Management
Specialist, (978) 281–9225; or
Laura.Hansen@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS
published a final rule for Framework
Adjustment 3 to the Summer Flounder,
Scup, and Black Sea Bass Fishery
Management Plan in the Federal
Register on November 3, 2003 (68 FR
62250), implementing a process to roll
over unused Winter I commercial scup
quota (January 1 through April 30) to be
added to the Winter II period quota
(October 1 through December 31) (50
CFR 648.122(d)). The framework also
allows adjustment of the commercial
possession limit for the Winter II period
dependent on the amount of quota
rolled over from the Winter I period.
The Winter II period start date was
changed from November 1 to October 1
as a part of Framework Adjustment 12
(83 FR 17314; April 19, 2018).
For 2019, the initial Winter II quota is
3,822,816 lb (1,734 mt). The best
available landings information indicates
that 5,267,671 lb (2,389 mt) remain of
the 10,820,000 lb (4,908 mt) Winter I
quota. Consistent with Framework 3, the
full amount of unused 2019 Winter I
quota is being transferred to Winter II,
resulting in a revised 2019 Winter II
quota of 9,090,487 lb (4,123 mt).
Because the amount transferred is
between 5.0 and 5.5 million lb (2,268 mt
and 2,495 mt), the Federal per trip
possession limit will increase from
12,000 lb (5.4 mt) to 27,000 lb (12.2 mt),
as outlined in the final rule that
established the possession limit and
quota rollover procedures for this year,
published on December 22, 2017 (82 FR
60682).
Classification
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866.
The Assistant Administrator for
Fisheries, NOAA, finds good cause
under 5 U.S.C. 553(b)(B) to waive prior
notice and the opportunity for public
comment on this in-season adjustment
because it would be contrary to the
public interest. This action transfers
unused quota from Winter I Period to
the remaining Winter II Period to make
it accessible to the commercial scup
fishery. If implementation of this inseason action is delayed to solicit prior
public comment, the objective of the
fishery management plan to achieve the
optimum yield from the fishery could be
compromised. Deteriorating weather
conditions during the latter part of the
E:\FR\FM\30SER1.SGM
30SER1
]]>Agencies
[Federal Register Volume 84, Number 189 (Monday, September 30, 2019)]
[Rules and Regulations]
[Pages 51435-51438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21127]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 190924-0037]
RIN 0648-BJ19
Temporary Rule To Increase the Commercial Trip Limit for Atlantic
King Mackerel
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final temporary rule; emergency action.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this emergency action, a final temporary rule to
revise the Atlantic migratory group king mackerel (Atlantic king
mackerel) commercial trip limit within the Atlantic southern zone from
October 1, 2019, through February 29, 2020, as requested by the South
Atlantic Fishery Management Council (Council). The purpose of this
final temporary rule is to increase the commercial trip limit to allow
for a significant economic opportunity that otherwise would be forgone
and relieve an economic burden within the Atlantic king mackerel
commercial sector without increasing the risk to the stock.
DATES: This temporary rule is effective October 1, 2019, through
February 29, 2020.
ADDRESSES: Electronic copies of the documents in support of this
emergency rule, which includes the Council's letter to NMFS that
contains the Council's rationale for the emergency action request may
be obtained from the Southeast Regional Office website at https://www.fisheries.noaa.gov/action/emergency-rule-king-mackerel-trip-limits.
FOR FURTHER INFORMATION CONTACT: Karla Gore, NMFS Southeast Regional
Office, telephone: 727-551-5753, or email: [email protected].
SUPPLEMENTARY INFORMATION: The coastal migratory pelagics fishery is
managed under the Fishery Management Plan for Coastal Migratory Pelagic
Resources in the Gulf of Mexico and Atlantic Region (FMP) and includes
king mackerel and Spanish mackerel and, in the Gulf of Mexico, cobia.
The FMP was prepared by the Gulf of Mexico Fishery Management Council
and the Council and is implemented by NMFS through regulations at 50
CFR part 622 under authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act). The Magnuson-
Stevens Act provides the legal authority for the promulgation of
emergency regulations under section 305(c)(16 U.S.C. 1855(c)).
Background
The fishery for Atlantic king mackerel is divided into a northern
zone and a southern zone in the exclusive economic zone (EEZ), with the
quota for this migratory group divided between the two zones. The
northern zone extends from the North Carolina/South Carolina boundary
through New York, and the southern zone extends from the North
Carolina/South Carolina boundary to the Miami-Dade/Monroe County,
Florida, boundary. The fishing year for the commercial sector for
Atlantic king mackerel is March 1 through the end of February. The
quota for the southern zone is allocated between two commercial
seasons. Season 1 allocates 60 percent of the quota from March 1
through September 30, and Season 2 allocates 40 percent of
[[Page 51436]]
the quota from October 1 through the end of February. Any unused quota
from Season 1 transfers during the current fishing year to Season 2,
with no provision allowing the carryover of any unused quota at the end
of Season 2. When the quota for a season is reached or expected to be
reached, commercial harvest of king mackerel in the Atlantic southern
zone is prohibited for the remainder of that season.
The trip limit system for the southern zone includes a 3,500 lb
(1,588 kg) year-round trip limit north of the Flagler/Volusia County,
FL, boundary. For the area between the Flagler/Volusia County, FL,
boundary, and the Miami-Dade/Monroe County, FL, boundary, the trip
limit is 50 fish during Season 2 from October 1 through January 31. The
trip limit remains at 50 fish during the month of February, unless NMFS
determines that less than 70 percent of the commercial quota for the
southern zone's second season has been landed. In that case, NMFS
announces the trip limit increase to 75 fish in the Federal Register.
The Southeast Data, Assessment, and Review (SEDAR) 38 stock
assessment (SEDAR 38; September 2014) indicated that neither the
Atlantic nor Gulf king mackerel migratory groups were overfished or
undergoing overfishing. With the implementation of Amendment 26 to the
FMP (68 FR 17387; April 11, 2017), the southern zone quota increased
from the initial 2,587,960 lb (1,173,879 kg) to 5,002,400 lb (2,269,050
kg) in 2016-2017, and was set at 4,450,640 lb (2,059,600 kg) in 2017-
2018, 4,001,920 lb (1,185,240 kg) in 2018-2019, and 3,617,120 lb
(1,640,698 kg) in 2019-2020.
In March 2019, the Council voted to begin developing Framework
Amendment 8 to the FMP to address stakeholder concerns about the 50-
fish Season 2 trip limit. Stakeholders and members of the Council's
Mackerel Cobia Advisory Panel (AP) indicated that the current 50-fish
Season 2 trip limit is a factor in preventing commercial king mackerel
fishermen from catching the Season 2 quota or achieving optimum yield
(OY). While commercial landings have increased slightly in recent
years, during Season 2 the vessels that are capable of landing more
than the trip limit are unnecessarily limited because of the lower trip
limit. The AP discussed these problems at its April 2019 meeting and
reviewed new information showing how much of the quota is not being
harvested since the implementation of the 50-fish Season 2 trip limit
in May 2017. After discussion, the AP voted to recommend that the
Council consider emergency action for 2019 to raise the trip limit
south of the Flagler/Volusia County, FL, boundary from 50 to 75 fish
beginning in October, the start of Season 2. The Council discussed the
AP's recommendation at their June 2019 meeting and heard public
testimony supporting the emergency action. They reviewed new
information showing how much of the Season 2 quota has not been
harvested the last several years by the commercial sector. For example,
Season 2 preliminary landings are 710,729 lb (322,381 kg) for the 2017-
2018 fishing year and 929,000 lb (421,387 kg) for the 2018-2019 fishing
year, and the unadjusted quota was 1,600,768 lb (726,096 kg). The
Council was also presented with new preliminary information that showed
the estimated average value of the unharvested southern zone quota was
over 5 million dollars for the 2017-2018 fishing year and over 3
million dollars for the 2018-2019 fishing year. After reviewing all of
the information, the Council voted 12-1 in favor of an emergency rule
under the Magnuson-Stevens Act to increase the trip limit for Season 2
to 75 fish. On June 21, 2019, the Council sent NMFS a letter requesting
an emergency rule to increase the 2019-2020 fishing year's Season 2
commercial trip limit for king mackerel.
Justification for Emergency Action
NMFS' Policy Guidelines for the Use of Emergency Rules (62 FR
44421; August 21, 1997) list three criteria for determining whether an
emergency exists, and this temporary rule is promulgated under these
guidelines and meets each of these three criteria. Specifically, NMFS'
policy guidelines require that an emergency: (1) Results from recent,
unforeseen events or recently discovered circumstances; (2) presents
serious conservation or management problems in the fishery; and (3) can
be addressed through emergency regulations for which the immediate
benefits outweigh the value of advance notice, public comment, and
deliberative consideration of the impacts on participants to the same
extent as would be expected under the normal rulemaking process.
At their June 2019 meeting, the Council reviewed recent preliminary
landings estimates showing that a large percentage of the southern zone
quota was not being harvested. The trip limit system and split season
structure for the southern zone were implemented on May 11, 2017,
through Amendment 26 to the FMP. One purpose of Amendment 26 was to
increase the social and economic benefits of the fishery. The primary
function of the split season structure and trip limit system was to
ensure the longest commercial fishing season possible for Atlantic king
mackerel and to provide continued access throughout the fishing year to
commercial king mackerel fishermen. However, during public comment at
the June 2019 Council meeting, commercial king mackerel fishermen told
the Council that when they fish south of the Flagler/Volusia County,
FL, boundary, because of the low trip limit they are unable to carry
their usual amount of crew, they operate less efficiently, and they are
unable to fully utilize the available resource. The Council discussed
the fishermen's concerns and these unforeseen negative consequences of
the Season 2 trip limit, including the estimated value of the
unharvested quota. The Council determined that an emergency rule to
increase the trip limit was necessary to prevent further unnecessary
economic losses and would substantially increase the likelihood of
achieving OY in the fishery for the 2019-2020 fishing year. Framework
Amendment 8 is in the early stages of development by the Council and
cannot be implemented in time for the October 1, 2019, beginning of
Season 2 for the 2019-2020 fishing year. Waiting for implementation of
Framework Amendment 8 would preclude a significant economic opportunity
that could otherwise be realized in the 2019-2020 fishing year under an
emergency rule.
An emergency rule could provide for a temporary increase in the
trip limit that would allow fishermen to increase their trip efficiency
and avoid further unnecessary economic harm and related social
problems, while the Council works on providing a permanent solution
through the development of Framework Amendment 8. The emergency rule
would not increase the overall Season 2 commercial quota or ACL for
king mackerel, but it would allow fishermen more opportunity to harvest
the quota and to achieve OY. The Council and NMFS expect that, since
commercial king mackerel landings have not reached the southern zone
quota in recent years, increasing the trip limit from 50 to 75 fish in
the southern zone south of Flagler/Volusia County, FL, for Season 2
would be unlikely to result in an early commercial closure, given the
expected level of commercial effort during Season 2, including the
anticipated increased effort resulting from this emergency rule. In
addition, the current ACL and accountability measures would continue
[[Page 51437]]
to constrain harvest and prevent overfishing.
NMFS has determined that modifying the 2019-2020 Season 2
commercial trip limit as described above meets the three criteria
required for an emergency rule. The Council requested this emergency
rule, a final temporary rule, in response to recently discovered and
unforeseen negative consequences of the commercial trip limit system
for Atlantic king mackerel put in place through Amendment 26 that
present a serious management problem in this fishery. In recent years,
the king mackerel commercial quota for the Atlantic southern zone has
not been harvested. In the 2018-2019 fishing year, only approximately
59 percent of the quota was harvested. The value of unharvested
commercial quota for the Atlantic southern zone over the last four
fishing seasons averages $3,880,961 per season. The unharvested quota
of king mackerel in the Atlantic southern zone represents a significant
value of catch unavailable to fishing communities from trip limits that
are unnecessarily restricting harvest well below the allowable quota.
The current trip limit of 50 fish in Season 2 for the southern zone
south of Flagler/Volusia County, FL, results in a loss of significant
economic opportunity, because vessels that are capable of landing more
than 50 fish are unnecessarily limited by the lower trip limit.
NMFS expects 102 vessels that make 593 (28.7 percent) of the
affected trips to benefit from the increased trip limit, with an
average increase of dockside revenue of $203.81 (2017 dollars) per
trip, and an increase in the total dockside revenue for those trips,
combined, of approximately $120,859. Additionally, this rule changes
the February 2020 commercial trip limit, currently at 75 fish if less
than 70 percent of the quota is reached, and 50 fish after 70 percent
of the quota is reached, to 75 fish in February regardless of the
percentage of the quota reached. Not revising the trip limit system for
the Atlantic southern zone during Season 2 of the 2019-2020 fishing
year would result in unnecessary limits on landings and associated
dockside revenues because of unharvested quota, and most likely would
preclude achievement of OY.
Unnecessarily low trip limits are affecting these vessels' ability
to operate efficiently, and reduced dockside revenues per trip have
negative indirect economic effects, such as significantly reduced
incomes for vessel owners and crew. The current trip limit system is
causing undue hardship on fishing communities reliant upon the king
mackerel resource along the east coast of Florida, specifically, south
of Flagler/Volusia County, FL, to the Miami-Dade/Monroe County, FL,
boundary. NMFS expects an increase in the Season 2 trip limit for the
2019-2020 fishing year to provide immediate direct economic and social
benefits to commercial king mackerel fishermen operating in this area
by allowing for increased landings and thereby increasing trip
revenues. Additionally, larger trip limits that result in increased
revenues to vessels have positive economic impacts, such as increased
incomes to owners and crew, more job opportunities for vessel crew, and
more king mackerel available to processors, dealers and consumers.
The benefits to the king mackerel fishermen of using an emergency
action to increase the trip limit for Season 2 in the 2019-2020 fishing
year outweigh the value of taking the time necessary to complete
normal, notice-and-comment rulemaking. Season 2 begins on October 1,
2019, and Framework Amendment 8 to the FMP, which the Council is
developing to make more permanent modifications to the Season 2 trip
limit measures, will not be completed and implemented during 2019. As a
result, neither the upcoming Framework Amendment 8 and its required
notice-and-comment rulemaking process would allow for an increase in
the trip limit in time to apply to Season 2 of the 2019-2020 fishing
year. Thus, using the notice-and-comment rulemaking process instead of
an emergency action would unnecessarily prevent the economic gains to
fishing industry participants and communities for the upcoming season.
During the June 2019 Council meeting held in Stuart, FL, nearly 40
individuals commented during the public comment session, and most of
them spoke in support of increasing the trip limit. In addition, this
emergency action is temporary. In developing any future, more permanent
trip limit measures through Framework Amendment 8, the Council process
will provide ample opportunity for notice and comment and full public
participation.
Management Measure Contained in This Temporary Rule
This final temporary rule revises the Atlantic king mackerel
commercial trip limit in the southern zone south of Flagler/Volusia
County, FL, to the Miami-Dade/Monroe County, FL, boundary during Season
2 for the commercial sector. The current 50-fish commercial trip limit
will be increased to 75 fish from October 1, 2019, through February 29,
2020, between the Flagler/Volusia County, FL, boundary, and the Miami-
Dade/Monroe County, FL, boundary. For the month of February, this
temporary rule will remove the trip limit reduction measures of 75 to
50 fish when 70 percent of the quota is reached to maintaining 75 fish
for the entire month of February, or until the total quota is reached.
Implementing this measure through emergency action will allow for
increased economic and harvest opportunities that would otherwise not
be realized by fishing industry participants and communities in the
upcoming season, while the Council continues development of long-term
measures to address commercial trip limits in Framework Amendment 8.
The Council is currently planning to finalize Framework Amendment 8 in
December 2019, and will subsequently submit it for Secretarial review
and rulemaking.
NMFS issues this final temporary rule without opportunity for prior
notice and public comment. While an emergency action through the
Magnuson-Stevens Act may be implemented for an initial period of 180
days and then subsequently extended for up to another 186 days, NMFS
does not expect that to occur for this action. Given the limited scope
of this action to only be effective from October 2019 through February
2020, no extension of these emergency measures is necessary or
expected.
Classification
This action is issued pursuant to section 305(c) of the Magnuson-
Stevens Act, 16 U.S.C. 1855(c). The Assistant Administrator for
Fisheries, NOAA, has determined that this emergency action is
consistent with the Magnuson-Stevens Act, the FMP, and other applicable
law. This action is being taken pursuant to the emergency provisions of
the Magnuson-Stevens Act and is exempt from Office of Management and
Budget (OMB) review.
The Assistant Administrator for Fisheries, NOAA, finds good cause,
pursuant to 5 U.S.C. 553(b)(B), to waive prior notice and the
opportunity for public comment as impracticable and contrary to the
public interest. Providing prior notice and opportunity for public
comment would preclude implementing the higher trip limit in time for
the start of Season 2 on October 1, 2019. Notice-and-comment rulemaking
is contrary to the public interest in these circumstances. This final
temporary rule allows for a significant economic opportunity that
otherwise would be forgone, and relieves an economic burden within the
Atlantic king mackerel commercial sector without increasing the risk to
the stock. This emergency action increases
[[Page 51438]]
the commercial trip limit for Atlantic king mackerel from 50 fish to 75
fish from October 2019 through January 2020, in Federal waters from the
Flagler/Volusia County, FL, boundary to the Miami-Dade/Monroe County,
FL, boundary. One hundred and two vessels that make 28.7 percent of the
trips are expected to benefit, with an average increase of dockside
revenue of $203.81 per trip (2017 dollars) for 593 trips, and an
increase in total dockside revenue for those trips combined
approximately by $120,859. This rule also changes the February 2020
commercial trip limit from the Flagler/Volusia County, FL, boundary to
the Miami-Dade/Monroe County, FL, boundary, which is presently at 75
fish if less than 70 percent of the Season 2 quota is reached and 50
fish after 70 percent of the quota is reached, to 75 fish regardless of
the percentage of the quota reached. Because 70 percent of the quota
has not been reached since implementation of the current trip limit,
the limit in February has essentially been at 75 fish. Consequently, no
changes in February landings are expected. The current ACL and
accountability measures will continue to constrain commercial harvest
and prevent overfishing, and no adverse effects to the king mackerel
resource are expected to occur as a result of the increased trip limit.
For these same reasons, the AA also finds good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in the date of effectiveness of the
action. Also, because this measure increases the current Season 2 trip
limit, it relieves a restriction, and therefore it also falls within
the 5 U.S.C. 553(d)(1) exception to the 30-day delay in the date of
effectiveness requirement. Additionally, if the increased trip limit is
not in effect by the start of Season 2, October, 1, 2019, then the
benefits of this action would be reduced and the full economic
opportunities that are anticipated would not be realized. A reduction
of expected benefits would also be contrary to the intent of the
Council.
This emergency rule is exempt from the procedures of the Regulatory
Flexibility Act because the rule is not subject to the requirement to
provide prior notice and opportunity for public comment pursuant to 5
U.S.C. 553 or any other law. Accordingly, no regulatory flexibility
analysis is required and none has been prepared.
List of Subjects in 50 CFR Part 622
Atlantic, Commercial, Fisheries, Fishing, King mackerel, Trip
limits.
Dated: September 24, 2019.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is amended
as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.385, suspend paragraphs (a)(1)(ii)(C) and (D), and
(a)(1)(iii)(C) and (D), and add paragraphs (a)(1)(ii)(E), and
(a)(1)(iii)(E) to read as follows:
Sec. 622.385 Commercial trip limits.
* * * * *
(a) * * *
(1) * * *
(ii) * * *
(E) From October 1 through the end of February--75 fish.
(iii) * * *
(E) From October 1 through the end of February--75 fish.
* * * * *
[FR Doc. 2019-21127 Filed 9-27-19; 8:45 am]
BILLING CODE 3510-22-P
