Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; Commercial Closure for Atlantic Spanish Mackerel in the Northern Zone
| Published date | 22 July 2020 |
| Citation | 85 FR 44218 |
| Record Number | 2020-15895 |
| Section | Rules and Regulations |
| Court | National Oceanic And Atmospheric Administration |
Federal Register, Volume 85 Issue 141 (Wednesday, July 22, 2020)
[Federal Register Volume 85, Number 141 (Wednesday, July 22, 2020)]
[Rules and Regulations]
[Pages 44218-44219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15895]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 140722613-4908-02]
RTID 0648-XA294
Coastal Migratory Pelagic Resources of the Gulf of Mexico and
Atlantic Region; Commercial Closure for Atlantic Spanish Mackerel in
the 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
Spanish mackerel in the northern zone of the Atlantic exclusive
economic zone (EEZ). NMFS projects that the commercial quota for
Spanish mackerel in the northern zone of the Atlantic EEZ will be
reached by July 22, 2020. Therefore, NMFS closes the northern zone in
the Atlantic EEZ to commercial harvest of Spanish mackerel on July 22,
2020. This closure is necessary to protect the Spanish mackerel
resource in the Atlantic.
DATES: This temporary rule is effective at 12:01 a.m., eastern time, on
July 22, 2020, until 12:01 a.m., eastern time, on March 1, 2021.
FOR FURTHER INFORMATION CONTACT: Karla Gore, NMFS Southeast Regional
Office, telephone: 727-824-5305, or email: [email protected].
SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic
fish in the Atlantic includes king mackerel, Spanish mackerel, and
cobia on the east coast of Florida, and is managed under the Fishery
Management Plan for 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 described for Spanish mackerel in the
Atlantic EEZ apply as either round or gutted weight.
The commercial annual catch limit (equal to the commercial quota)
for the Atlantic migratory group of Spanish mackerel (Atlantic Spanish
mackerel) is 3.33 million lb (1.51 million kg). Atlantic Spanish
mackerel are divided into northern and southern zones for management
purposes. The northern zone commercial quota for Atlantic Spanish
mackerel is 662,670 lb (300,582 kg) for the current fishing year, which
is March 1, 2020, through February 28, 2021 (50 CFR 622.384(c)(2)(i)).
The northern zone for Atlantic Spanish mackerel extends in Federal
waters from New York through North Carolina. The northern boundary of
the northern zone extends from an intersection point off New York,
Connecticut, and Rhode Island at 41[deg]18'16.249'' N lat.-
71[deg]54'28.477'' W long. and proceeds southeast to 37[deg]22'32.75''
N lat. and the intersection point with the outward boundary of the EEZ.
The southern boundary of the
[[Page 44219]]
northern zone extends from the North Carolina and South Carolina state
border, along a line extending in a direction of 135[deg]34'55'' from
true north beginning at 33[deg]51'07.9'' N lat.-78[deg]32'32.6'' W
long. to the intersection point with the outward boundary of the EEZ
(50 CFR 622.369(b)(2)). See Figure 2 of appendix G to part 622--Spanish
Mackerel for an illustration of the management zones.
Regulations at 50 CFR 622.388(d)(1)(i) require NMFS to close the
commercial sector for Atlantic Spanish mackerel in the northern zone
when the commercial quota for that zone is reached, or is projected to
be reached, by filing such a notification with the Office of the
Federal Register. NMFS projects that the commercial quota of 662,670 lb
(300,582 kg) for Atlantic Spanish mackerel in the northern zone will be
reached by July 22, 2020. Accordingly, the commercial sector for
Atlantic Spanish mackerel in the northern zone is closed effective at
12:01 a.m., eastern time, on July 22, 2020, through February 28, 2021,
the end of the current fishing year.
During the commercial closure, a person on a vessel that has been
issued a valid Federal commercial permit to harvest Atlantic Spanish
mackerel may continue to retain this species in the northern zone under
the recreational bag and possession limits specified in 50 CFR
622.382(a)(1)(iii) and (a)(2), as long as the recreational harvest of
Atlantic Spanish mackerel has not closed (50 CFR 622.384(e)(1)).
Also during the closure, Atlantic Spanish mackerel from the
northern zone, including those harvested under the recreational bag and
possession limits, may not be purchased or sold. This prohibition does
not apply to Atlantic Spanish mackerel from the northern 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
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.8(b), 622.384(e)(2),
and 622.388(d)(1)(i), which were issued pursuant to section 304(b) of
the Magnuson-Stevens Act, 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 opportunity for 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 Atlantic Spanish
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 effectiveness of this action under 5 U.S.C.
553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: July 17, 2020.
H[eacute]l[egrave]ne M.N. Scalliet,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-15895 Filed 7-17-20; 4:15 pm]
BILLING CODE 3510-22-P
