Rule2024-16476
Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; Commercial Closure for Atlantic Spanish Mackerel in the Northern 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
July 26, 2024
Effective
July 28, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 144 (Friday, July 26, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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: <a href="/cdn-cgi/l/email-protection#4924283b30673f283b280927262828672e263f"><span class="__cf_email__" data-cfemail="c8a5a9bab1e6bea9baa988a6a7a9a9e6afa7be">[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 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
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