[Federal Register Volume 84, Number 163 (Thursday, August 22, 2019)]
[Rules and Regulations]
[Pages 43726-43727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18128]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 140722613-4908-02]
RIN 0648-XS007
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) through this temporary rule. NMFS has determined
that the commercial quota for Spanish mackerel in the northern zone of
the Atlantic EEZ will be reached by August 24, 2019. Therefore, NMFS
closes the northern zone of the Atlantic EEZ to commercial harvest of
Spanish mackerel on August 24, 2019. This closure is necessary to
protect the Spanish mackerel resource in the Atlantic.
DATES: The closure is effective at 12:01 a.m., local time, on August
24, 2019, until 12:01 a.m., local time, on March 1, 2020.
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 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 Spanish mackerel in the
Atlantic EEZ apply as either round or gutted weight.
On November 20, 2014, NMFS published a final rule in the Federal
Register to implement Framework Amendment 1 to the FMP (79 FR 69058).
That final rule 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 Spanish mackerel (Atlantic Spanish
mackerel). 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, 2019, through February 29, 2020
(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 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.
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 a notification to that effect with the Office of
the Federal Register. NMFS has determined that the commercial quota of
662,670 lb (300,582 kg) for Atlantic Spanish mackerel in the northern
zone will be reached by August 24, 2019. Accordingly, the commercial
sector for Atlantic Spanish mackerel in the northern zone is closed
effective at 12:01 a.m., local time, on August 24, 2019, through
February 29, 2020, the end of the current fishing year.
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 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 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 recreational 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(b), 622.384(e)(2), 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
[[Page 43727]]
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: August 19, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2019-18128 Filed 8-19-19; 4:15 pm]
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