Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; Commercial Closure for Atlantic Spanish Mackerel in the Northern Zone, 33911-33912 [2021-13759]

Download as PDF Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Rules and Regulations DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 160426363–7275–02; RTID 0648–XB189] Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; 2020–2021 Commercial Closure for King Mackerel in the Gulf of Mexico Northern Zone National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS implements an accountability measure (AM) for commercial king mackerel in the northern zone of the Gulf of Mexico (Gulf) exclusive economic zone (EEZ). NMFS projects that the commercial quota for king mackerel in the northern zone of the Gulf EEZ has been reached. Therefore, NMFS closes the northern zone of the Gulf EEZ to commercial king mackerel fishing on June 28, 2021. This closure is necessary to protect the Gulf king mackerel resource. DATES: The closure is effective at 12:01 a.m., local time, June 28, 2021, until October 1, 2021. FOR FURTHER INFORMATION CONTACT: Kelli O’Donnell, NMFS Southeast Regional Office, telephone: 727–824– 5305, email: kelli.odonnell@noaa.gov. SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic fish in the Gulf includes king mackerel, Spanish mackerel, and cobia in the Gulf and 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. The FMP 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 king mackerel in the Gulf EEZ apply as either round or gutted weight. The commercial annual catch limit (equal to the commercial quota) for the Gulf migratory group of king mackerel (Gulf king mackerel) is 2.74 million lb (1.24 million kg). Commercial fishing for Gulf king mackerel is divided into multiple zones for management khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 15:59 Jun 25, 2021 Jkt 253001 purposes. The commercial quota for Gulf king mackerel in the northern zone is 493,200 lb (223,712 kg) for the current fishing year, October 1, 2020, through September 30, 2021 (50 CFR 622.384(b)(1)(ii)). The northern zone for Gulf king mackerel is located in the EEZ between a line at 87°31.6′ W longitude, which is a line extending due south of the state boundary of Alabama and Florida, and a line at 26°19.48′ N latitude, which is a line extending due west from the boundary of Lee and Collier Counties in southwest Florida 50 CFR 622.369(a)(1)(ii). Regulations at 50 CFR 622.388(a)(1)(i) require NMFS to close the commercial sector for Gulf king mackerel in the northern 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 the commercial quota for Gulf king mackerel in the northern zone has been reached. Accordingly, NMFS closes the northern zone to commercial fishing for Gulf king mackerel effective from 12:01 a.m., local time, on June 28, 2021, 2021, through September 30, 2021, the end of the current fishing year. During the closure, a person on board a vessel that has been issued a valid Federal commercial or charter vessel/ headboat permit for coastal migratory pelagic fish may continue to retain the king mackerel in the northern zone under the recreational bag and possession limits specified in 50 CFR 622.382(a)(1)(ii) and (a)(2), as long as the recreational sector for Gulf king mackerel in the northern zone is open (50 CFR 622.384(e)(1)). Also during the closure, Gulf king mackerel from the closed zone, including those harvested under the bag and possession limits, may not be purchased or sold. This prohibition does not apply to king 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 NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR 622.384(e) and 622.388(a)(1)(i), which were 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 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 33911 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. Such procedures are also contrary to the public interest because of the need to immediately implement the closure to protect the Gulf king mackerel stock. The capacity of the fishing fleet allows for rapid harvest of the commercial quota and the quota has already been met. Prior notice and opportunity for public comment would require time and could result in additional harvest. For the aforementioned 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: June 23, 2021. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2021–13761 Filed 6–25–21; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 140722613–4908–02; RTID 0648–XB185] Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; Commercial Closure for Atlantic Spanish Mackerel in the Northern Zone National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS implements an accountability measure (AM) for commercial 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 will be reached by June 28, 2021. Therefore, NMFS closes the northern zone in the Atlantic EEZ to commercial harvest of Spanish mackerel on June 28, 2021. This closure is necessary to protect the Spanish mackerel resource in the Atlantic. DATES: This temporary rule is effective at 12:01 a.m., eastern time, on June 28, SUMMARY: E:\FR\FM\28JNR1.SGM 28JNR1 33912 Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES 2021, 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: mary.vara@noaa.gov. 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. The FMP 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. 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 lb (1.51 million kg). 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, 2021, through February 28, 2022 (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 latitude–71°54′28.477″ W longitude, and proceeds southeast to 37°22′32.75″ N latitude and the intersection point with the outward VerDate Sep<11>2014 15:59 Jun 25, 2021 Jkt 253001 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°34′55″ from true north beginning at 33°51′07.9″ N latitude– 78°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 the commercial quota for that zone is reached, or is projected to be reached, by filing such a notification with the Office of the Federal Register. NMFS projects that the commercial quota of 662,670 lb (300,582 kg) for Atlantic Spanish mackerel in the northern zone will be reached by June 28, 2021. Accordingly, the commercial sector for Atlantic Spanish mackerel in the northern zone is closed effective at 12:01 a.m., eastern time, on June 28, 2021, 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 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 (a)(2), if recreational harvest of Atlantic Spanish mackerel in the northern zone has not been closed (50 CFR 622.384(e)(1)). Also during the closure, Atlantic Spanish mackerel from the northern 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 northern zone that were harvested, landed ashore, and sold prior to the PO 00000 Frm 00060 Fmt 4700 Sfmt 9990 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 622.8(b), 622.384(e)(2), and 622.388(d)(1)(i), which were 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 the associated 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 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 a harvest that exceeds the established commercial quota. For the aforementioned reasons, the Acting Assistant Administrator for NMFS also finds 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: June 23, 2021. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2021–13759 Filed 6–23–21; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\28JNR1.SGM 28JNR1

Agencies

[Federal Register Volume 86, Number 121 (Monday, June 28, 2021)]
[Rules and Regulations]
[Pages 33911-33912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13759]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140722613-4908-02; RTID 0648-XB185]


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.

-----------------------------------------------------------------------

SUMMARY: NMFS implements an accountability measure (AM) for commercial 
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 will be 
reached by June 28, 2021. Therefore, NMFS closes the northern zone in 
the Atlantic EEZ to commercial harvest of Spanish mackerel on June 28, 
2021. This closure is necessary to protect the Spanish mackerel 
resource in the Atlantic.

DATES: This temporary rule is effective at 12:01 a.m., eastern time, on 
June 28,

[[Page 33912]]

2021, 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: [email protected].

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. The FMP 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.
    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 lb (1.51 million kg). 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, 2021, through February 28, 2022 (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[deg]18'16.249'' N latitude-
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-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 the commercial quota for that zone is reached, or is projected to 
be reached, by filing such a notification with the Office of the 
Federal Register. NMFS projects that the commercial quota of 662,670 lb 
(300,582 kg) for Atlantic Spanish mackerel in the northern zone will be 
reached by June 28, 2021. Accordingly, the commercial sector for 
Atlantic Spanish mackerel in the northern zone is closed effective at 
12:01 a.m., eastern time, on June 28, 2021, 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 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 (a)(2), if recreational harvest of Atlantic 
Spanish mackerel in the northern zone has not been closed (50 CFR 
622.384(e)(1)).
    Also during the closure, Atlantic Spanish mackerel from the 
northern 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 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 622.8(b), 622.384(e)(2), 
and 622.388(d)(1)(i), which were 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 the associated 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 
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 a 
harvest that exceeds the established commercial quota.
    For the aforementioned reasons, the Acting Assistant Administrator 
for NMFS also finds 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: June 23, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-13759 Filed 6-23-21; 4:15 pm]
BILLING CODE 3510-22-P

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