[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