[Federal Register Volume 89, Number 144 (Friday, July 26, 2024)]
[Rules and Regulations]
[Pages 60578-60579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16476]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140722613-4908-02; RTID 0648-XE115]


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 the 
commercial harvest of 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 for the 2024-2025 fishing year. According 
to regulations for Spanish mackerel in the Atlantic, NMFS closes the 
northern zone for commercial harvest to protect this fishery resource.

DATES: This temporary rule is effective from July 28, 2024, through 
February 28, 2025.

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 and NMFS. 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 pounds (lb) or 1.51 million kilograms (kg) 
[50 CFR 622.384(c)(2)]. 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, 2024, 
through February 28, 2025 [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 landings reach or are projected to reach the commercial quota for 
that zone. NMFS projects that the commercial quota of 662,670 lb 
(300,582 kg) for Atlantic Spanish mackerel in the northern zone has 
been reached for the 2024-2025 fishing year. Accordingly, the 
commercial sector for Atlantic Spanish mackerel in the northern zone is 
closed effective on July 28, 2024, through February 28, 2025, 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 commercial 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)].

[[Page 60579]]

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 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 the Atlantic Spanish 
mackerel resource, 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 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: July 23, 2024.
Lindsay Fullenkamp,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-16476 Filed 7-23-24; 4:15 pm]
BILLING CODE 3510-22-P