[Federal Register Volume 84, Number 18 (Monday, January 28, 2019)]
[Rules and Regulations]
[Pages 407-408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00225]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 101206604-1758-02]
RIN 0648-XG732


Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
Atlantic Region; Commercial Trip Limit Reduction for Spanish Mackerel 
in the Atlantic Southern Zone

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 commercial trip limit of Atlantic migratory 
group Spanish mackerel in or from the exclusive economic zone (EEZ) in 
the southern zone to 500 lb (227 kg) per day. This trip limit reduction 
is necessary to maximize the socioeconomic benefits of the commercial 
quota for the southern zone.

DATES: This rule is effective from 6 a.m., local time, January 27, 
2019, until 12:01 a.m., local time, March 1, 2019.

FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional 
Office, telephone: 727-824-5305, or email: [email protected].

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 South Atlantic (FMP). The 
FMP was prepared by the Gulf of Mexico and South Atlantic Fishery 
Management 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. All weights in this 
temporary rule apply as either round or gutted weight.
    Framework Amendment 1 to the FMP (79 FR 69058; November 20, 2014) 
implemented a commercial annual catch limit (equal to the commercial 
quota) of 3.33 million lb (1.51 million kg) for the Atlantic migratory 
group of

[[Page 408]]

Spanish mackerel. Atlantic migratory group Spanish mackerel (Spanish 
mackerel) are divided into a northern and southern zone for management 
purposes. The southern zone consists of Federal waters off South 
Carolina, Georgia, and Florida. The northern boundary for the southern 
zone for Spanish mackerel extends from the state border of North 
Carolina and South Carolina along a line beginning at 33[deg]51'07.9'' 
N lat. and 78[deg]32'32.6'' W long. and extending in a direction of 
135[deg]34'55'' from true north to the intersection point with the 
outward boundary of the EEZ. The southern boundary for the southern 
zone is 25[deg]20'24'' N lat., which is the boundary between Miami-Dade 
and Monroe Counties, Florida.
    The southern zone commercial quota for Spanish mackerel is 
2,667,330 lb (1,209,881 kg). Seasonally variable commercial trip limits 
are based on an adjusted commercial quota of 2,417,330 lb (1,096,482 
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, through February 28, 2019, in accordance with 50 
CFR 622.385(b)(2).
    On December 27, 2018, NMFS published a temporary rule in the 
Federal Register to reduce the commercial trip limit for Spanish 
mackerel in or from the Atlantic EEZ in the southern zone to 1,500 lb 
(680 kg) (83 FR 66635). The temporary rule was effective at 6 a.m., 
local time, December 26, 2018, until 12:01 a.m., local time, March 1, 
2019, or until the commercial trip limit is reduced to 500 lb (227 kg) 
when 100 percent of the adjusted quota is reached or projected to be 
reached, whichever occurs first.
    As specified at 50 CFR 622.385(b)(1)(ii)(C), after 100 percent of 
the adjusted commercial quota of Spanish mackerel is reached or 
projected to be reached, Spanish mackerel in or from the EEZ in the 
southern zone may not be possessed on board or landed from a vessel 
with a Federal commercial permit for Spanish mackerel in amounts 
exceeding 500 lb (227 kg) per day.
    NMFS has determined that 100 percent of the adjusted commercial 
quota for Spanish mackerel has been reached. Accordingly, the 
commercial trip limit of 500 lb (227 kg) per day applies to Spanish 
mackerel in or from the EEZ in the southern zone effective at 6 a.m., 
local time January 27, 2019, until 12:01 a.m., local time, March 1, 
2019, unless changed by subsequent notification in the Federal 
Register.

Classification

    The Regional Administrator for the NMFS Southeast Region has 
determined this temporary rule is necessary for the conservation and 
management of 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 opportunity for comment.
    This action responds to the best scientific information available. 
The NOAA Assistant Administrator for Fisheries (AA) finds that the need 
to immediately reduce the trip limit for the commercial sector for 
Spanish mackerel constitutes good cause to waive the requirements to 
provide prior notice and the opportunity for public comment pursuant to 
5 U.S.C. 553(b)(B) as such procedures are unnecessary and contrary to 
the public interest. Such procedures are unnecessary because the rules 
implementing the commercial quotas and trip limits have already been 
subject to notice and comment, and all that remains is to notify the 
public of the trip limit reduction.
    Prior notice and opportunity for public comment is contrary to the 
public interest, because any delay in the trip limit reduction for the 
commercial harvest of Spanish mackerel could result in the commercial 
quota being exceeded. There is a need to immediately implement this 
action to protect the Spanish mackerel resource, because the capacity 
of the fishing fleet allows for rapid harvest of the commercial quota. 
Prior notice and opportunity for public comment would require 
additional 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: January 23, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2019-00225 Filed 1-23-19; 4:15 pm]
 BILLING CODE 3510-22-P