Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; 2021-2022 Commercial Closure for Spanish Mackerel in the Atlantic Southern Zone
| Published date | 03 January 2022 |
| Citation | 87 FR 53 |
| Record Number | 2021-28442 |
| Section | Rules and Regulations |
| Court | National Oceanic And Atmospheric Administration |
53
Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Rules and Regulations
contrary to the public interest because a
failure to implement the ACL overage
adjustment prior to the end of 2021
would not reduce the 2021 Texas ACL,
consistent with the agreement between
NMFS and Texas, and as required under
Amendments 50F. Adjusting the 2021
Texas ACL will ensure that any harvest
in excess of that adjusted ACL is
accounted for during the 2022 fishing
year.
For the aforementioned reasons, the
AA also finds good cause to waive the
30-day delay in the effectiveness of the
action under 5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: December 28, 2021.
Karen Abrams,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–28455 Filed 12–28–21; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 140819687–5583–02; RTID
0648–XB688]
Coastal Migratory Pelagic Resources
of the Gulf of Mexico and Atlantic
Region; 2021–2022 Commercial
Closure for Spanish Mackerel in the
Atlantic Southern Zone
AGENCY
: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION
: Temporary rule; closure.
SUMMARY
: NMFS closes the Atlantic
southern zone for commercial Spanish
mackerel in or from the Atlantic
exclusive economic zone. NMFS has
determined that the commercial quota
for Spanish mackerel in the Atlantic
southern zone will be reached by
January 3, 2022. Therefore, NMFS closes
the Atlantic southern zone to
commercial harvest of Spanish mackerel
on January 3, 2022. This closure is
necessary to protect the Spanish
mackerel resource in the Atlantic.
DATES
: This temporary rule is effective
from 6 a.m. eastern time on January 3,
2022, until 12:01 a.m. eastern time on
March 1, 2022.
FOR FURTHER INFORMATION CONTACT
:
Mary Vara, NMFS Southeast Regional
Office, telephone: 727–824–5305, or
email: mary.vara@noaa.gov.
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 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 described for the Atlantic
migratory group of Spanish mackerel
(Atlantic Spanish mackerel) apply as
either round or gutted weight.
For management purposes, the
commercial sector of Atlantic Spanish
mackerel is divided into northern and
southern zones. The southern zone
consists of Federal waters off South
Carolina, Georgia, and the east coast of
Florida. The southern zone boundaries
extend from the border of North
Carolina and South Carolina, which is a
line extending in a direction of
135°34′55″ from true north beginning at
33°51′07.9″ N latitude and 78°32′32.6″
W longitude to the intersection point
with the outward boundary of the U.S.
exclusive economic zone, to the border
of Miami-Dade and Monroe Counties in
Florida at 25°20′24″ N latitude.
The southern zone commercial quota
for Atlantic Spanish mackerel is
2,667,330 lb (1,209,881 kg). Regulations
at 50 CFR 622.388(d)(1)(i) require NMFS
to close the commercial sector for
Atlantic Spanish mackerel in the
southern 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 that the
commercial quota for Atlantic Spanish
mackerel in the southern zone will be
reached by January 3, 2022.
Accordingly, the commercial sector for
Atlantic Spanish mackerel in the
southern zone is closed effective at 6
a.m. eastern time on January 3, 2022,
through February 28, 2022, the end of
the current fishing year.
During the commercial closure, a
person on a vessel that has been issued
a valid Federal permit to harvest
Atlantic Spanish mackerel may
continue to retain this species in the
southern 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 sector for
Atlantic Spanish mackerel is open (50
CFR 622.384(e)(1)).
Also during the closure, Atlantic
Spanish mackerel from the southern
zone, including those harvested under
the bag and possession limits, may not
be purchased or sold. This prohibition
does not apply to Atlantic Spanish
mackerel from the southern 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)).
Commercial harvest of Atlantic
Spanish mackerel in the southern zone
for the 2022–2023 fishing year begins on
March 1, 2022.
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
622.388(d)(1)(i), which was issued
pursuant to section 304(b) of the
Magnuson-Stevens Act, and is exempt
from review under Executive Order
12866.
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Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Rules and Regulations
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
an opportunity for public comment on
this action, as notice and comment is
unnecessary and contrary to the public
interest. Such procedures are
unnecessary because the regulations
associated with the commercial closure
for Atlantic Spanish mackerel have
already been subject to notice and
public comment, and all that remains is
to notify the public of the commercial
closure. Prior notice and opportunity for
public comment on this action is
contrary to the public interest because
of the need to immediately implement
the commercial closure to protect the
Atlantic Spanish mackerel resource. The
capacity of the fishing fleet allows for
rapid harvest of the commercial quota,
and any delay in the commercial closure
could result in the commercial quota
being exceeded. Prior notice and
opportunity for public comment would
require time and would potentially
result in a harvest that exceeds the
commercial quota.
For the aforementioned reasons, there
is good cause under 5 U.S.C. 553(d)(3)
to waive the 30-day delay in
effectiveness of this action.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 28, 2021.
Karen Abrams,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–28442 Filed 12–28–21; 4:15 pm]
BILLING CODE 3510–22–P
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