[Federal Register Volume 79, Number 208 (Tuesday, October 28, 2014)]
[Rules and Regulations]
[Pages 64127-64128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25600]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 101206604-1758-02]
RIN 0648-XD586


Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
South Atlantic; 2014-2015 Accountability Measure and Closure for Gulf 
King Mackerel in the Florida West Coast Northern Subzone

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

ACTION: Temporary rule; closure.

-----------------------------------------------------------------------

SUMMARY: NMFS implements an accountability measure (AM) for commercial 
king mackerel in the Florida west coast northern subzone of the eastern 
zone of the Gulf of Mexico (Gulf) in the U.S. exclusive economic zone 
(EEZ) through this temporary final rule. NMFS has determined that the 
quota for king mackerel in the Florida west coast northern subzone of 
the Gulf EEZ will have been reached by October 27, 2014. Therefore, 
NMFS closes the Florida west coast northern subzone to commercial king 
mackerel fishing in the EEZ on October 27, 2014, to protect the Gulf 
king mackerel resource.

DATES: The closure is effective noon, local time, October 27, 2014, 
until 12:01 a.m., local time, on July 1, 2015.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727-824-
5305, email: <a href="/cdn-cgi/l/email-protection#73000600121d5d1416011b120107331d1c12125d141c05"><span class="__cf_email__" data-cfemail="0c7f797f6d62226b697e646d7e784c62636d6d226b637a">[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 Coastal Migratory Pelagic Resources in the 
Gulf of Mexico and Atlantic Region (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.
    The Gulf migratory group king mackerel is divided into western and 
eastern zones. The Gulf's eastern zone for king mackerel is further 
divided into the Florida west coast northern and southern subzones that 
have separate quotas. The December 29, 2011 (76 FR 82058), final rule 
specified the quota for the Florida west coast northern subzone at 
178,848 lb (81,124 kg) (50 CFR 622.384(b)(1)(i)(B)(2)).
    Because 75 percent of the Florida west coast northern subzone's 
quota had been harvested, NMFS published a temporary rule on October 
14, 2014, to reduce the trip limit for the commercial sector of king 
mackerel in the Florida west coast northern subzone to 500 lb (227 kg) 
of king mackerel per day in or from the EEZ (79 FR 61585).
    Regulations at 50 CFR 622.388(a)(1) and 50 CFR 622.384(e) require 
NMFS to close the commercial sector for Gulf migratory group king 
mackerel in the Florida west coast northern subzone when the quota is 
reached, or is projected to be reached, by filing a notification to 
that effect with the Office of the Federal Register. Based on the best 
scientific information available, NMFS has determined the commercial 
quota of 178,848 lb (81,124 kg) for Gulf migratory group king mackerel 
in the Florida west coast northern subzone will be reached by October 
27, 2014. Accordingly, the northern Florida west coast subzone is 
closed effective noon, local time, October 27, 2014, through June 30, 
2015, the end of the fishing year, to commercial fishing for Gulf 
migratory group king mackerel.
    Except for a person aboard a charter vessel or headboat, during the 
closure, no person aboard a vessel for which a commercial permit for 
king mackerel has been issued may fish for or retain Gulf group king 
mackerel in the EEZ in the closed subzone (50 CFR 622.384(e)(1)). A 
person aboard a vessel that has a valid charter vessel/headboat permit 
for coastal migratory pelagic fish may continue to retain king mackerel 
in or from the closed subzone under the bag and possession limits set 
forth in 50 CFR 622.382(a)(1)(ii) and (a)(2), provided the vessel is 
operating as a charter vessel or headboat. A charter vessel or headboat 
that also has a commercial king mackerel permit is considered to be 
operating as a charter vessel or headboat when it carries a passenger 
who pays a fee or when there are more than three persons aboard, 
including operator and crew.
    During the closure, king mackerel from the closed subzone, 
including those harvested under the bag and possession limits, may not 
be purchased or sold. This prohibition does not apply to trade in king 
mackerel from the closed zones or subzones 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)(3)).
    The Florida west coast northern subzone is that part of the EEZ 
between 26[deg]19.8' N. latitude (a line directly west from the 
boundary between Lee and Collier Counties, FL) and 87[deg]31.1' W. 
longitude (a line directly south from the state boundary of Alabama and 
Florida).

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
Gulf migratory group king mackerel and is consistent with the Magnuson-
Stevens Act and other applicable laws.
    This action is taken under 50 CFR 622.388(a)(1) and 50 CFR 
622.384(e) 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 Fisheries, NOAA (AA), finds that the 
need to immediately implement this action to close the Florida west 
coast northern subzone of the Gulf eastern zone to commercial king 
mackerel fishing constitutes 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) because prior notice and 
opportunity for public comment is unnecessary and contrary to the 
public interest. Prior notice and public comment is unnecessary because 
the rule implementing the commercial quota and the associated 
requirement for closure of the commercial harvest when the quota is 
reached or projected to be reached has already been subject to notice 
and 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

[[Page 64128]]

interest because of the need to immediately implement this action to 
protect the king mackerel resource because the capacity of the fishing 
fleet allows for rapid harvest of the quota. Prior notice and 
opportunity for public comment would require time and would 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 the effectiveness of this action under 5 
U.S.C. 553(d)(3).

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

    Dated: October 22, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-25600 Filed 10-23-14; 4:15 pm]
BILLING CODE 3510-22-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>