[Federal Register Volume 80, Number 34 (Friday, February 20, 2015)]
[Rules and Regulations]
[Page 9230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-03532]



[[Page 9230]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 101206604-1758-02]
RIN 0648-XD779


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South 
Atlantic; Trip Limit Reduction

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; trip limit reduction.

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SUMMARY: NMFS reduces the trip limit for the commercial sector of 
Atlantic migratory group Spanish mackerel in the southern zone to 1,500 
lb (680 kg) of Spanish mackerel per day in or from the exclusive 
economic zone (EEZ). This trip limit reduction is necessary to protect 
the Spanish mackerel resource.

DATES: The rule is effective 6 a.m., local time, February 20, 2015, 
until 12:01 a.m., local time, March 1, 2015, unless changed by 
subsequent notification in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727-824-
5305, or email: <a href="/cdn-cgi/l/email-protection#8af9fff9ebe4a4edeff8e2ebf8fecae4e5ebeba4ede5fc"><span class="__cf_email__" data-cfemail="d9aaacaab8b7f7bebcabb1b8abad99b7b6b8b8f7beb6af">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic 
fish (king mackerel, Spanish mackerel, and cobia) is managed under the 
Fishery Management Plan for the Coastal Migratory Pelagic Resources of 
the Gulf of Mexico and South Atlantic (FMP). The FMP was prepared by 
the Gulf of Mexico and South Atlantic Fishery Management Councils 
(Councils) and is implemented under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) 
by regulations at 50 CFR part 622.
    Framework Amendment 1 to the FMP (79 FR 69058, November 20, 2014) 
increased the commercial annual catch limit (equal to the commercial 
quota) to 3.33 million lb (1.51 million kg) for the Atlantic migratory 
group of Spanish mackerel. The Atlantic EEZ is divided into a northern 
and southern zone for management purposes of Atlantic migratory group 
Spanish mackerel. The southern zone for Atlantic migratory group 
Spanish mackerel extends from 30[deg]42'45.6'' N. lat., which is a line 
directly east from the Georgia/Florida boundary, to 25[deg]20.4' N. 
lat., which is a line directly east from the Miami-Dade/Monroe County, 
Florida, boundary. The northern and southern zones will have their own 
quotas as of March 1, 2015, the beginning of the next fishing year, 
with implementation of Amendment 20B to the FMP (80 FR 4216, January, 
27, 2015).
    For the southern zone, seasonally variable trip limits are based on 
an adjusted commercial quota of 3.08 million lb (1.40 million 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, February 28, 2015, in accordance with 50 CFR 
622.385(b)(2). As specified at 50 CFR 622.385(b)(1)(ii)(B), beginning 
December 1, annually, the trip limit is unlimited on weekdays and 
limited to 1,500 lb (680 kg) of Spanish mackerel per day on weekends. 
As specified at 50 CFR 622.385(b)(1)(ii)(C), after 75 percent of the 
adjusted commercial quota of Atlantic migratory group Spanish mackerel 
is taken until 100 percent of the adjusted commercial quota is taken, 
Spanish mackerel in or from the EEZ in the southern zone may not be 
possessed on board 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 group Spanish mackerel has been harvested. 
Accordingly, the 1,500-lb (680-kg) per day commercial trip limit 
applies to Spanish mackerel in or from the EEZ in the southern zone 
effective 6 a.m., local time, February 20, 2015, until 12:01 a.m., 
local time, March 1, 2015, unless changed by subsequent notification in 
the Federal Register.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
Atlantic migratory group 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)(C) 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.
    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for 
Fisheries, NOAA, (AA), finds good cause to waive the requirements to 
provide prior notice and the opportunity for public comment on this 
temporary rule. Such procedures are unnecessary because the rule itself 
has already been subject to notice and comment, and all that remains is 
to notify the public of the trip limit reduction.
    Allowing prior notice and opportunity for public comment is 
contrary to the public interest because of the need to immediately 
implement this action to protect the Atlantic migratory group Spanish 
mackerel resource because the capacity of the commercial fleet allows 
for rapid harvest of the quota. Prior notice and opportunity for public 
comment would require time and could potentially result in a harvest 
well in excess of the established 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: February 17, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-03532 Filed 2-17-15; 4:15 pm]
BILLING CODE 3510-22-P


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