[Federal Register Volume 84, Number 24 (Tuesday, February 5, 2019)]
[Rules and Regulations]
[Pages 1631-1632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01117]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140722613-4908-02]
RIN 0648-XG734


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic 
Region; Commercial Closure for Spanish Mackerel

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 
Spanish mackerel in the Atlantic southern zone of the exclusive 
economic zone (EEZ) through this temporary rule. NMFS has determined 
that the commercial quota for Spanish mackerel in the Atlantic southern 
zone will be reached by February 5, 2019. Therefore, NMFS closes the 
Atlantic southern zone of the EEZ to commercial harvest of Spanish 
mackerel on February 5, 2019. This closure is necessary to protect the 
Spanish mackerel resource in the Atlantic.

DATES: The closure is effective at 6:00 a.m., local time, on February 
5, 2019, until 12:01 a.m., local time, on 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 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 fishing year for the Atlantic migratory group of 
Spanish mackerel (Atlantic Spanish mackerel) is March through the end 
of February each year.
    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 Atlantic Spanish 
mackerel. Atlantic 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 the east coast of 
Florida. The northern boundary for the southern zone for Atlantic 
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 Atlantic 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), with the adjusted commercial quota calculated to allow continued 
harvest in the southern zone at a set rate for the remainder of the 
current fishing year, in accordance with 50 CFR 622.385(b)(2). 
Regulations at 50 CFR 622.385(b)(1)(ii) require NMFS to reduce the 
commercial trip limit for Atlantic Spanish mackerel in the southern 
zone when specified percentages of the adjusted commercial quota are 
reached or are projected to be reached. Accordingly, on December 27, 
2018, NMFS published a temporary rule in the Federal Register to reduce 
the commercial trip limit from 3,500 lb (1,588 kg) to 1,500 lb (680 kg) 
for Atlantic Spanish mackerel in the southern zone (83 FR 66635). On 
January 28, 2019, NMFS published a subsequent temporary rule in the 
Federal Register that further reduced the commercial trip limit for 
Atlantic Spanish mackerel in the southern zone to 500 lb (227 kg) (84 
FR 407).

[[Page 1632]]

    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 the commercial quota of 2,667,330 lb 
(1,209,881 kg) for Atlantic Spanish mackerel in the southern zone will 
be reached by February 5, 2019. Accordingly, the commercial sector for 
Atlantic Spanish mackerel in the southern zone is closed effective at 
6:00 a.m., local time, on February 5, 2019, through February 28, 2019, 
the end of the current fishing year. Commercial harvest of Atlantic 
Spanish mackerel for the 2019-2020 fishing year begins on March 1, 
2019.
    During the commercial closure, a person on board 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 closed 
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 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 RA for the NMFS Southeast Region has determined this temporary 
rule is necessary for the conservation and management of Atlantic 
Spanish mackerel and is consistent with the Magnuson-Stevens Act and 
other applicable laws.
    This action is taken under 50 CFR 622.8, 622.384(e), and 
622.388(d)(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 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: January 31, 2019.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-01117 Filed 1-31-19; 4:15 pm]
 BILLING CODE 3510-22-P