[Federal Register Volume 88, Number 184 (Monday, September 25, 2023)]
[Rules and Regulations]
[Pages 65626-65627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20715]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140722613-4908-02;RTID 0648-XD394]


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 has been 
reached. Therefore, NMFS closes the northern zone for commercial 
harvest of Spanish mackerel to protect the Spanish mackerel resource in 
the Atlantic.

DATES: This temporary rule is effective from 12:01 a.m. eastern time on 
September 25, 2023, through February 29, 2024.

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 commercial quota for Atlantic Spanish mackerel in the 
northern zone is 662,670 lb (300,582 kg) for the current fishing year, 
which is March 1, 2023, through February 29, 2024 (50 CFR 
622.384(c)(2)(i)).
    The northern zone for Spanish mackerel extends in the Atlantic EEZ 
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 has 
been reached. Accordingly, the commercial sector for Atlantic Spanish 
mackerel in the northern zone is closed effective at 12:01 a.m. eastern 
time on September 25, 2023, through February 29, 2024, 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 (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 622.388(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.
    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 
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 
additional harvest in exceedance of 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).


[[Page 65627]]


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

    Dated: September 20, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2023-20715 Filed 9-20-23; 4:15 pm]
BILLING CODE 3510-22-P