Coastal Migratory Pelagic Resources of the Gulf and Atlantic Region; Commercial Closure for Atlantic Spanish Mackerel in the Northern Zone

Issuing agencies

Abstract

NMFS implements an accountability measure (AM) for the commercial harvest of the Atlantic migratory group 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 2026-2027 fishing year. In accordance with the regulations for the Atlantic migratory group of Spanish mackerel, NMFS closes the northern zone for commercial harvest to protect this fishery resource.

Full Text

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<title>Federal Register, Volume 91 Issue 162 (Monday, August 24, 2026)</title>
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[Federal Register Volume 91, Number 162 (Monday, August 24, 2026)]
[Rules and Regulations]
[Pages 54664-54665]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17228]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140722613-4908-02; RTID 0648-XF993]


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.

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SUMMARY: NMFS implements an accountability measure (AM) for the 
commercial harvest of the Atlantic migratory group 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 2026-2027 fishing year. In accordance with the

[[Page 54665]]

regulations for the Atlantic migratory group of Spanish mackerel, NMFS 
closes the northern zone for commercial harvest to protect this fishery 
resource.

DATES: This temporary rule is effective from August 25, 2026, through 
February 28, 2027.

FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional 
Office, telephone: 727-824-5305, or email: <a href="/cdn-cgi/l/email-protection#523f33202b7c24332033123c3d33337c353d24"><span class="__cf_email__" data-cfemail="b0ddd1c2c99ec6d1c2d1f0dedfd1d19ed7dfc6">[email&#160;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)).
    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) (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 (50 CFR 
622.384(c)(2)(i) and (ii)). For the 2026-2027 fishing year, the 
Atlantic Spanish mackerel fishing year is from March 1, 2026 through 
February 28, 2027 (50 CFR 622.7(b)(3)).
    The regulation codified at 50 CFR 622.384(c)(2)(iii) allows for 
commercial quota transfers between the northern and southern zones with 
approval from the Regional Administrator (RA) of the NMFS Southeast 
Region. Specifically, North Carolina or Florida, in consultation with 
the other states in their respective zones, may request approval from 
the RA to transfer part or all of its 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 16, 2026, 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 on July 20, 2026, 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 2026-2027 fishing year.
    The commercial AM for Atlantic Spanish mackerel requires 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 (50 CFR 622.388(d)(1)(i)). For Atlantic 
Spanish mackerel from the northern zone, NMFS projects that the 2026-
2027 revised commercial quota will have been reached by August 25, 
2026. Accordingly, the commercial sector for Atlantic Spanish mackerel 
in the northern zone is closed effective on August 25, 2026, and 
remains closed through February 28, 2027, 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), 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)).

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: August 20, 2026.
David R. Blankinship,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2026-17228 Filed 8-20-26; 4:15 pm]
BILLING CODE 3510-22-P


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