Rule2021-13759
Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; Commercial Closure for Atlantic Spanish Mackerel in the Northern Zone
Primary source
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Published
June 28, 2021
Effective
June 28, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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 28, 2021. Therefore, NMFS closes the northern zone in the Atlantic EEZ to commercial harvest of Spanish mackerel on June 28, 2021. This closure is necessary to protect the Spanish mackerel resource in the Atlantic.
Full Text
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<title>Federal Register, Volume 86 Issue 121 (Monday, June 28, 2021)</title>
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[Federal Register Volume 86, Number 121 (Monday, June 28, 2021)]
[Rules and Regulations]
[Pages 33911-33912]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-13759]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 140722613-4908-02; RTID 0648-XB185]
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 28, 2021. Therefore, NMFS closes the northern zone in
the Atlantic EEZ to commercial harvest of Spanish mackerel on June 28,
2021. 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 28,
[[Page 33912]]
2021, until 12:01 a.m., eastern time, on March 1, 2022.
FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional
Office, telephone: 727-824-5305, or email: <a href="/cdn-cgi/l/email-protection#85e8e4f7fcabf3e4f7e4c5ebeae4e4abe2eaf3"><span class="__cf_email__" data-cfemail="fb969a8982d58d9a899abb95949a9ad59c948d">[email protected]</span></a>.
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) by 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, 2021, through February 28, 2022 (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-
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-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 28, 2021. Accordingly, the commercial sector for
Atlantic Spanish mackerel in the northern zone is closed effective at
12:01 a.m., eastern time, on June 28, 2021, through February 28, 2022,
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), 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 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
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 aforementioned reasons, the Acting Assistant Administrator
for NMFS also finds 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 23, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-13759 Filed 6-23-21; 4:15 pm]
BILLING CODE 3510-22-P
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