[Federal Register Volume 85, Number 141 (Wednesday, July 22, 2020)]
[Rules and Regulations]
[Pages 44218-44219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15895]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140722613-4908-02]
RTID 0648-XA294


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). NMFS projects that the commercial quota for 
Spanish mackerel in the northern zone of the Atlantic EEZ will be 
reached by July 22, 2020. Therefore, NMFS closes the northern zone in 
the Atlantic EEZ to commercial harvest of Spanish mackerel on July 22, 
2020. This closure is necessary to protect the Spanish mackerel 
resource in the Atlantic.

DATES: This temporary rule is effective at 12:01 a.m., eastern time, on 
July 22, 2020, until 12:01 a.m., eastern time, on March 1, 2021.

FOR FURTHER INFORMATION CONTACT: Karla Gore, 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 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 commercial annual catch limit (equal to the commercial quota) 
for the Atlantic migratory group of Spanish mackerel (Atlantic Spanish 
mackerel) is 3.33 million lb (1.51 million kg). 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, 2020, through February 28, 2021 (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

[[Page 44219]]

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 
(50 CFR 622.369(b)(2)). See Figure 2 of appendix G to part 622--Spanish 
Mackerel for an illustration of the management zones.
    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 such a notification with the Office of the 
Federal Register. NMFS projects that the commercial quota of 662,670 lb 
(300,582 kg) for Atlantic Spanish mackerel in the northern zone will be 
reached by July 22, 2020. Accordingly, the commercial sector for 
Atlantic Spanish mackerel in the northern zone is closed effective at 
12:01 a.m., eastern time, on July 22, 2020, through February 28, 2021, 
the end of the current fishing year.
    During the commercial closure, a person on a vessel that has been 
issued a valid Federal commercial 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 harvest of 
Atlantic Spanish mackerel has not closed (50 CFR 622.384(e)(1)).
    Also during the closure, Atlantic Spanish mackerel from the 
northern 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 northern 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

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.8(b), 622.384(e)(2), 
and 622.388(d)(1)(i), which were issued pursuant to section 304(b) of 
the Magnuson-Stevens Act, 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: July 17, 2020.
H[eacute]l[egrave]ne M.N. Scalliet,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-15895 Filed 7-17-20; 4:15 pm]
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