47162 Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Rules and Regulations 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary, Office of the Secretary. 

[FR Doc. 2017–21766 Filed 10–10–17; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 160426363–7275–02] 

RIN 0648–XF735 

Coastal Migratory Pelagic Resources 

of the Gulf of Mexico and Atlantic 

Region; 2017–2018 Commercial 

Accountability Measure and Closure 

for King Mackerel in the Gulf of Mexico 

Western Zone 

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 

western 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 western zone of 

the Gulf EEZ will be reached by October 

7, 2017. Therefore, NMFS closes the 

western zone of the Gulf EEZ to 

commercial king mackerel fishing on 

October 7, 2017. This closure is 

necessary to protect the Gulf king 

mackerel resource. 

DATES: The closure is effective at noon, 

local time, October 7, 2017, until 12:01 

a.m., local time, on July 1, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Kelli O’Donnell, NMFS Southeast 

Regional Office, telephone: 727–824– 

5305, email: kelli.odonnell@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 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) (82 FR 21314, May 8, 2017). 

The commercial quota for the Gulf king 

mackerel in the Gulf western zone is 

1,136,000 lb (515,281 kg) for the current 

fishing year, July 1, 2017, through June 

30, 2018 (50 CFR 622.384(b)(1)(i)). 

The western zone of Gulf king 

mackerel is located in the EEZ between 

a line extending east from the border of 

the United States and Mexico, and 

87°31.1′ W. long., which is a line 

extending south from the state boundary 

of Alabama and Florida. The western 

zone includes the EEZ off Texas, 

Louisiana, Mississippi, and Alabama. 

Regulations at 50 CFR 622.388(a)(1)(i) 

require NMFS to close the commercial 

sector for Gulf king mackerel in the 

western 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 1,136,000 lb 

(515,281 kg) for Gulf king mackerel in 

the western zone will be reached by 

October 7, 2017. Accordingly, the 

western zone is closed to commercial 

fishing for Gulf king mackerel effective 

at noon, local time, October 7, 2017, 

through June 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 western 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 western 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. 

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 immediately implement 

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: October 5, 2017. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2017–21908 Filed 10–5–17; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 161020985–7181–02] 

RIN 0648–XF732 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pacific Cod in the Bering Sea and 

Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 


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