[Federal Register Volume 87, Number 118 (Tuesday, June 21, 2022)]
[Rules and Regulations]
[Pages 36771-36772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13296]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140722613-4908-02; RTID 0648-XC105]


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 June 21, 2022. Therefore, NMFS closes the northern zone in 
the Atlantic EEZ to commercial harvest of Spanish mackerel on June 21, 
2022. 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 
June 21 2022, until February 28, 2023.

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 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. The FMP is 
implemented by NMFS under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) through 
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, 2022, through February 28, 2023 (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 latitude and 
71[deg]54'28.477'' W longitude, and proceeds southeast to 
37[deg]22'32.75'' N latitude 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 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 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 June 21, 2022. Accordingly, the commercial sector for 
Atlantic Spanish mackerel in the northern zone is closed effective at 
12:01 a.m., eastern time, on June 21, 2022, through February 28, 2023, 
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)(i), if recreational harvest of Atlantic 
Spanish mackerel in the northern zone has not been closed (50 CFR 
622.384(e)(1)).
    Also during the closure, Atlantic Spanish mackerel from the 
northern zone, including those fish 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.
    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 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. Such procedures are also contrary to the public interest

[[Page 36772]]

because of the need to immediately implement the closure to protect 
Atlantic Spanish mackerel, 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 result in a 
harvest that exceeds the established commercial quota.
    For the same reasons, there is good cause to waive the 30-day delay 
in the effectiveness of this action under 5 U.S.C. 553(d)(3).

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

    Dated: June 16, 2022.
Kelly Denit,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-13296 Filed 6-16-22; 4:15 pm]
BILLING CODE 3510-22-P