Rule2025-17870
Coastal Migratory Pelagic Resources of the Gulf 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
September 16, 2025
Effective
September 20, 2025
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 landings will soon reach the revised commercial quota for Spanish mackerel in the northern zone of the Atlantic EEZ for the 2025-2026 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
<html>
<head>
<title>Federal Register, Volume 90 Issue 177 (Tuesday, September 16, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 177 (Tuesday, September 16, 2025)]
[Rules and Regulations]
[Pages 44581-44582]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17870]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 140722613-4908-02]
RTID 0648-XF043
Coastal Migratory Pelagic Resources of the Gulf 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.
-----------------------------------------------------------------------
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 landings
will soon reach the revised commercial quota for Spanish mackerel in
the northern zone of the Atlantic EEZ for the 2025-2026 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 September 20, 2025,
through February 28, 2026.
FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional
Office, telephone: 727-824-5305, or email: <a href="/cdn-cgi/l/email-protection#0964687b70277f687b684967666868276e667f"><span class="__cf_email__" data-cfemail="89e4e8fbf0a7ffe8fbe8c9e7e6e8e8a7eee6ff">[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 and
Atlantic Region (FMP). The FMP was prepared by the Gulf and South
Atlantic Fishery Management Councils and NMFS, was approved by the
Secretary of Commerce, and is implemented by NMFS through regulations
at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act). All weights
described for Spanish mackerel in the Atlantic EEZ apply as either
round or gutted weight.
Atlantic Spanish mackerel are divided into northern and southern
zones for management purposes. 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.
The commercial annual catch limit (ACL; 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)). The commercial quota for Atlantic Spanish
mackerel in the northern zone is 662,670 lb (300,582 kg) and is
2,667,330 lb (1,209,881 kg) in the southern zone for the 2025-2026
fishing year, which is March 1, 2025, through February 28, 2026 (50 CFR
622.384(c)(2)(i) and (ii)).
Regulations at 50 CFR 622.384(c)(2)(iii) allow for quota transfers
between the northern and southern zones with the approval from the
Regional Administrator (RA) of the NMFS Southeast Region. North
Carolina or Florida, in consultation with the other states in the
respective zones, may request approval from the RA to transfer part or
all of a respective zone's annual commercial quota to the other zone.
For the purposes of quota closures as described in 50 CFR 622.8, the
receiving zone's quota will be the original quota plus any transferred
amount, for that fishing year only. Landings associated with any
transferred quota will be included in the total landings for Atlantic
Spanish mackerel, which will be evaluated relative to the total ACL.
In a letter to NMFS dated July 22, 2025, the State of Florida
requested the transfer of 250,000 lb (113,398 kg) of Atlantic Spanish
mackerel commercial quota from the southern zone to the northern zone
to allow the commercial quota for both zones in the current fishing
year to be fully harvested. NMFS approved the transfer of commercial
quota, and therefore, the revised northern zone commercial quota for
Spanish mackerel is 912,670 lb (413,980 kg) and the revised southern
zone commercial quota is 2,417,330 lb (1,096,482 kg) for the 2025-2026
fishing year.
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 landings of Atlantic Spanish mackerel
from the northern zone will reach the revised commercial quota of
912,670 lb (413,980 kg) on September 20, 2025. Accordingly, the
commercial sector for Atlantic Spanish mackerel in the northern zone is
closed effective on September 20, 2025, and continues through February
28, 2026, 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 44582]]
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 resource of
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 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: September 9, 2025.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2025-17870 Filed 9-12-25; 4:15 pm]
BILLING CODE 3510-22-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on September 16, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.