[Federal Register Volume 88, Number 24 (Monday, February 6, 2023)]
[Rules and Regulations]
[Page 7626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02439]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140819687-5583-02; RTID 0648-XC734]


Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
Atlantic Region; 2022-2023 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 for the Atlantic 
migratory group of Spanish mackerel in the southern zone of the 
Atlantic exclusive economic zone (EEZ) to 1,500 lb (680 kg) in round or 
gutted weight per day. This commercial trip limit reduction is 
necessary to increase the socioeconomic benefits of the fishery.

DATES: This temporary rule is effective from 6 a.m. eastern time on 
February 4, 2023, until 12:01 a.m. eastern time on March 1, 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 EEZ 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, as specified in 50 CFR 622.369(b)(2)(ii). 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 latitude and 78[deg]32'32.6'' W longitude to the 
intersection point with the outward boundary of the EEZ, 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). 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 28, 2023, in accordance with 50 CFR 
622.385(b)(2).
    As specified at 50 CFR 622.385(b)(1)(ii)(B), after 75 percent of 
the adjusted commercial quota of Atlantic Spanish mackerel for the 
southern zone is reached or is projected to be reached, Atlantic 
Spanish mackerel in or from the EEZ in the southern zone may not be 
possessed on board or landed from a vessel that has been issued a 
Federal permit for Atlantic Spanish mackerel in amounts exceeding 1,500 
lb (680 kg) per day.
    NMFS has determined that 75 percent of the adjusted commercial 
quota for Atlantic Spanish mackerel for the southern zone will be 
reached by February 4, 2023. Accordingly, the commercial trip limit of 
1,500 lb (680 kg) per day applies to Atlantic Spanish mackerel 
harvested in or from the EEZ in the southern zone effective from 6 a.m. 
eastern time on February 4, 2023, until 12:01 a.m. eastern time on 
March 1, 2023, unless NMFS announces a subsequent change through a 
notification in the Federal Register.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.385(b)(1)(ii)(B), 
which was 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 is unnecessary and contrary to the public interest. Such 
procedures are unnecessary because the regulations associated with the 
commercial trip limit 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 trip limit reduction. Prior notice and 
opportunity for public comment on this action is contrary to the public 
interest because of the time required to provide notice and an 
opportunity for public comment. There is a need to immediately 
implement the commercial trip limit reduction to increase the 
socioeconomic benefits of the fishery. The capacity of the fishing 
fleet allows for rapid harvest of the commercial quota, and any delay 
in reducing the commercial trip limit could result in the commercial 
quota being reached. If the commercial quota is reached, NMFS is 
required to implement further fishery restrictions, thereby limiting 
the socioeconomic benefits of the fishery.
    For the reasons stated earlier, 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: February 1, 2023.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-02439 Filed 2-1-23; 4:15 pm]
BILLING CODE 3510-22-P