[Federal Register Volume 85, Number 19 (Wednesday, January 29, 2020)]
[Rules and Regulations]
[Pages 5169-5170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01536]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140819687-5583-02]
RTID 0648-XS022


Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
Atlantic Region; 2019-2020 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 the southern zone of the Atlantic exclusive 
economic zone (EEZ) to 500 lb (227 kg) in round or gutted weight per 
day. This commercial trip limit reduction is necessary to maximize the 
socioeconomic benefits of the fishery.

DATES: This temporary rule is effective from 6 a.m. eastern time on 
January 29, 2020, until 12:01 a.m. eastern 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

[[Page 5170]]

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 for Atlantic Spanish 
mackerel extend from the border of North Carolina and South Carolina 
(which is a line extending in a direction of 135[deg]34'55'' from true 
north beginning at 33[deg]51'07.9'' N lat. and 78[deg]32'32.6'' W long. 
to the intersection point with the outward boundary of the EEZ) to the 
border of Miami-Dade and Monroe Counties, Florida (at 25[deg]20'24'' N. 
lat).
    The southern zone commercial quota for Atlantic Spanish mackerel is 
2,667,330 lb (1,209,881 kg). Seasonally variable 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 29, 2020, in accordance with regulations 
at 50 CFR 622.385(b)(2).
    NMFS reduced the commercial trip limit for Atlantic Spanish 
mackerel in or from the southern zone to 1,500 lb (680 kg) on December 
24, 2019 (84 FR 70904, December 26, 2019). That temporary rule is 
effective through end of the fishing year, or until the commercial trip 
limit is reduced to 500 lb (227 kg) when 100 percent of the adjusted 
quota is reached or is projected to be reached, whichever occurs first. 
NMFS has determined that 100 percent of the adjusted commercial quota 
for Atlantic Spanish mackerel has been reached and is reducing the 
commercial trip limit. Atlantic Spanish mackerel in or from the 
southern zone may not be possessed on board or landed from a vessel 
with a Federal commercial permit for Atlantic Spanish mackerel in 
amounts exceeding 500 lb (227 kg) per day (50 CFR 
622.385(b)(1)(ii)(C)).
    The commercial trip limit of 500 lb (227 kg) per day applies to 
Atlantic Spanish mackerel in or from the southern zone effective at 6 
a.m. eastern time on January 29, 2020, until 12:01 a.m. eastern time on 
March 1, 2020, 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 Atlantic Spanish mackerel and is consistent with the FMP, 
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 Assistant Administrator for NOAA Fisheries (AA) finds that the need 
to immediately reduce the trip limit for the commercial sector for 
Atlantic 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 of the 
commercial harvest could result in the commercial quota being exceeded. 
There is a need to immediately implement this action to protect the 
Atlantic 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 24, 2020.
Karyl K. Brewster-Geisz,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-01536 Filed 1-24-20; 4:15 pm]
BILLING CODE 3510-22-P