2019-18128. Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; Commercial Closure for Atlantic Spanish Mackerel in the Northern Zone  

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    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 commercial Spanish mackerel in the northern zone of the Atlantic exclusive economic zone (EEZ) through this temporary rule. NMFS has determined that the commercial quota for Spanish mackerel in the northern zone of the Atlantic EEZ will be reached by August 24, 2019. Therefore, NMFS closes the northern zone of the Atlantic EEZ to commercial harvest of Spanish mackerel on August 24, 2019. This closure is necessary to protect the Spanish mackerel resource in the Atlantic.

    DATES:

    The closure is effective at 12:01 a.m., local time, on August 24, 2019, until 12:01 a.m., local time, on March 1, 2020.

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    FOR FURTHER INFORMATION CONTACT:

    Mary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, or email: mary.vara@noaa.gov.

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    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 Spanish mackerel in the Atlantic EEZ apply as either round or gutted weight.

    On November 20, 2014, NMFS published a final rule in the Federal Register to implement Framework Amendment 1 to the FMP (79 FR 69058). That final rule implemented a commercial annual catch limit (equal to the commercial quota) of 3.33 million lb (1.51 million kg) for the Atlantic migratory group of Spanish mackerel (Atlantic Spanish mackerel). 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, 2019, through February 29, 2020 (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°18′16.249″ N Lat., 71°54′28.477″ W long. and proceeds southeast to 37°22′32.75″ N Lat. 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 extending in a direction of 135°34′55″ from true north beginning at 33°51′07.9″ N Lat., 78°32′32.6″ W long. to the intersection point with the outward boundary of the EEZ.

    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 a notification to that effect with the Office of the Federal Register. NMFS has determined that the commercial quota of 662,670 lb (300,582 kg) for Atlantic Spanish mackerel in the northern zone will be reached by August 24, 2019. Accordingly, the commercial sector for Atlantic Spanish mackerel in the northern zone is closed effective at 12:01 a.m., local time, on August 24, 2019, through February 29, 2020, the end of the current fishing year.

    During the commercial closure, a person on board a vessel that has been issued a valid Federal 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), 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 closed 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 closed 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

    The RA for the NMFS Southeast Region has determined this temporary rule is necessary for the conservation and management of Atlantic Spanish mackerel and is consistent with the Magnuson-Stevens Act and other applicable laws.

    This action is taken under 50 CFR 622.8(b), 622.384(e)(2), and 622.388(d)(1)(i) and is exempt from review under Executive Order 12866.

    These measures are exempt from the procedures of the Regulatory Flexibility Act, because the temporary rule is issued without opportunity for prior notice and opportunity for comment.

    This action responds to the best scientific information available. The Assistant Administrator for NOAA Fisheries (AA) finds good cause to waive the requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such procedures 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. Additionally, allowing prior notice and opportunity for public comment is contrary to the public interest because of the need to immediately implement this action to protect the Atlantic Spanish mackerel stock, because the capacity of the fishing fleet allows for rapid harvest of the commercial quota. Prior notice and opportunity for public Start Printed Page 43727comment would require time and could potentially result in a harvest well in excess of the established commercial quota.

    For the aforementioned reasons, the AA also finds good cause to waive the 30-day delay in effectiveness of this action under 5 U.S.C. 553(d)(3).

    Start Authority

    Authority: 16 U.S.C. 1801 et seq.

    End Authority Start Signature

    Dated: August 19, 2019.

    Alan D. Risenhoover,

    Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

    End Signature End Supplemental Information

    [FR Doc. 2019-18128 Filed 8-19-19; 4:15 pm]

    BILLING CODE 3510-22-P

Document Information

Effective Date:
8/24/2019
Published:
08/22/2019
Department:
National Oceanic and Atmospheric Administration
Entry Type:
Rule
Action:
Temporary rule; closure.
Document Number:
2019-18128
Dates:
The closure is effective at 12:01 a.m., local time, on August 24, 2019, until 12:01 a.m., local time, on March 1, 2020.
Pages:
43726-43727 (2 pages)
Docket Numbers:
Docket No. 140722613-4908-02
RINs:
0648-XS00
PDF File:
2019-18128.Pdf
Supporting Documents:
» Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Snapper-Grouper Fishery of the South Atlantic; South Atlantic Yellowtail Snapper; Commercial Accountability Measure and Closure
» Authorization of Revised Reporting Requirements Due to Catastrophic Conditions for Federal Seafood Dealers and Individual Fishing Quota Dealers in Portions of Florida
» Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region: 2018-2019 Commercial Run-Around Gillnet Closure for King Mackerel
» Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: South Atlantic Red Snapper; Commercial Accountability Measure and Closure
» Snapper-Grouper Fishery of the South Atlantic: South Atlantic Yellowtail Snapper; Commercial Accountability Measure and Closure
» Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Shrimp Fishery off Southern Atlantic States; Reopening of Penaeid Shrimp Fishery off Georgia
» Authorization of Revised Reporting Requirements Due to Catastrophic Conditions for Federal Seafood Dealers in Texas and Portions of Louisiana
» Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Snapper-Grouper Fishery of South Atlantic; Greater Amberjack; Recreational Accountability Measure and Closure
» Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Snapper-Grouper Resources of South Atlantic; Commercial Trip Limit Reduction for Vermilion Snapper
» Snapper-Grouper Fishery of the South Atlantic: 2017 Recreational and Commercial Closures for Florida Keys/East Florida Stock of Hogfish in South Atlantic and Gulf of Mexico
CFR: (1)
50 CFR 622