[Federal Register Volume 87, Number 1 (Monday, January 3, 2022)]
[Rules and Regulations]
[Pages 53-54]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28442]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140819687-5583-02; RTID 0648-XB688]


Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
Atlantic Region; 2021-2022 Commercial Closure for Spanish Mackerel in 
the Atlantic Southern Zone

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

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SUMMARY: NMFS closes the Atlantic southern zone for commercial Spanish 
mackerel in or from the Atlantic exclusive economic zone. NMFS has 
determined that the commercial quota for Spanish mackerel in the 
Atlantic southern zone will be reached by January 3, 2022. Therefore, 
NMFS closes the Atlantic southern zone to commercial harvest of Spanish 
mackerel on January 3, 2022. This closure is necessary to protect the 
Spanish mackerel resource in the Atlantic.

DATES: This temporary rule is effective from 6 a.m. eastern time on 
January 3, 2022, until 12:01 a.m. eastern time on March 1, 2022.

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 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 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 latitude and 78[deg]32'32.6'' W longitude to the 
intersection point with the outward boundary of the U.S. exclusive 
economic zone, to the border of Miami-Dade and Monroe Counties in 
Florida at 25[deg]20'24'' N latitude.
    The southern zone commercial quota for Atlantic Spanish mackerel is 
2,667,330 lb (1,209,881 kg). 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 that the 
commercial quota for Atlantic Spanish mackerel in the southern zone 
will be reached by January 3, 2022. Accordingly, the commercial sector 
for Atlantic Spanish mackerel in the southern zone is closed effective 
at 6 a.m. eastern time on January 3, 2022, through February 28, 2022, 
the end of the current fishing year.
    During the commercial closure, a person on 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 
southern 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 southern 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)).
    Commercial harvest of Atlantic Spanish mackerel in the southern 
zone for the 2022-2023 fishing year begins on March 1, 2022.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.388(d)(1)(i), which 
was issued pursuant to section 304(b) of the Magnuson-Stevens Act, and 
is exempt from review under Executive Order 12866.

[[Page 54]]

    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment on this action, as notice 
and comment is unnecessary and contrary to the public interest. Such 
procedures are unnecessary because the regulations associated with the 
commercial closure for Atlantic Spanish mackerel have already been 
subject to notice and public comment, and all that remains is to notify 
the public of the commercial closure. Prior notice and opportunity for 
public comment on this action is contrary to the public interest 
because of the need to immediately implement the commercial closure to 
protect the Atlantic Spanish mackerel resource. The capacity of the 
fishing fleet allows for rapid harvest of the commercial quota, and any 
delay in the commercial closure could result in the commercial quota 
being exceeded. Prior notice and opportunity for public comment would 
require time and would potentially result in a harvest that exceeds the 
commercial quota.
    For the aforementioned reasons, there is good cause under 5 U.S.C. 
553(d)(3) to waive the 30-day delay in effectiveness of this action.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: December 28, 2021.
Karen Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-28442 Filed 12-28-21; 4:15 pm]
BILLING CODE 3510-22-P