Rule2021-28442
Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; 2021-2022 Commercial Closure for Spanish Mackerel in the Atlantic Southern Zone
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 3, 2022
Effective
January 3, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS closes the Atlantic southern zone for commercial Spanish mackerel in or from the Atlantic exclusive economic zone. NMFS has determined that the commercial quota for Spanish mackerel in the Atlantic southern zone will be reached by January 3, 2022. Therefore, NMFS closes the Atlantic southern zone to commercial harvest of Spanish mackerel on January 3, 2022. This closure is necessary to protect the Spanish mackerel resource in the Atlantic.
Full Text
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<title>Federal Register, Volume 87 Issue 1 (Monday, January 3, 2022)</title>
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[Federal Register Volume 87, Number 1 (Monday, January 3, 2022)]
[Rules and Regulations]
[Pages 53-54]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-28442]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 140819687-5583-02; RTID 0648-XB688]
Coastal Migratory Pelagic Resources of the Gulf of Mexico and
Atlantic Region; 2021-2022 Commercial Closure for Spanish Mackerel in
the Atlantic Southern Zone
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
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SUMMARY: NMFS closes the Atlantic southern zone for commercial Spanish
mackerel in or from the Atlantic exclusive economic zone. NMFS has
determined that the commercial quota for Spanish mackerel in the
Atlantic southern zone will be reached by January 3, 2022. Therefore,
NMFS closes the Atlantic southern zone to commercial harvest of Spanish
mackerel on January 3, 2022. This closure is necessary to protect the
Spanish mackerel resource in the Atlantic.
DATES: This temporary rule is effective from 6 a.m. eastern time on
January 3, 2022, 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#ff929e8d86d1899e8d9ebf91909e9ed1989089"><span class="__cf_email__" data-cfemail="4b262a3932653d2a392a0b25242a2a652c243d">[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 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. The southern zone boundaries 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 U.S. exclusive
economic zone, 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). Regulations at 50 CFR 622.388(d)(1)(i)
require NMFS to close the commercial sector for Atlantic Spanish
mackerel in the southern zone when the commercial quota is reached, or
is projected to be reached, by filing a notification to that effect
with the Office of the Federal Register. NMFS has determined that the
commercial quota for Atlantic Spanish mackerel in the southern zone
will be reached by January 3, 2022. Accordingly, the commercial sector
for Atlantic Spanish mackerel in the southern zone is closed effective
at 6 a.m. eastern time on January 3, 2022, 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 permit to harvest Atlantic Spanish mackerel may
continue to retain this species in the southern zone under the
recreational bag and possession limits specified in 50 CFR
622.382(a)(1)(iii) and (a)(2), as long as the recreational sector for
Atlantic Spanish mackerel is open (50 CFR 622.384(e)(1)).
Also during the closure, Atlantic Spanish mackerel from the
southern zone, including those harvested under the bag and possession
limits, may not be purchased or sold. This prohibition does not apply
to Atlantic Spanish mackerel from the southern 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)).
Commercial harvest of Atlantic Spanish mackerel in the southern
zone for the 2022-2023 fishing year begins on March 1, 2022.
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.
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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 closure 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 closure. Prior notice and opportunity for
public comment on this action is contrary to the public interest
because of the need to immediately implement the commercial closure to
protect the Atlantic Spanish mackerel resource. The capacity of the
fishing fleet allows for rapid harvest of the commercial quota, and any
delay in the commercial closure could result in the commercial quota
being exceeded. Prior notice and opportunity for public comment would
require time and would potentially result in a harvest that exceeds the
commercial quota.
For the aforementioned reasons, 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: December 28, 2021.
Karen Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-28442 Filed 12-28-21; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on January 3, 2022.
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