Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; Commercial Closure for Atlantic Spanish Mackerel in the Northern Zone, 65626-65627 [2023-20715]

Download as PDF 65626 Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Rules and Regulations September 25, 2023, through February 29, 2024. FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional Office, telephone: 727–824–5305, or email: mary.vara@noaa.gov. SUPPLEMENTARY INFORMATION: The Appendix A to Part 272—State fishery for coastal migratory pelagic fish Requirements in the Atlantic includes king mackerel, * * * * * Spanish mackerel, and cobia on the east coast of Florida, and is managed under Wyoming the Fishery Management Plan for The regulatory provisions include: Coastal Migratory Pelagic Resources of Wyoming Hazardous Waste Rules and the Gulf of Mexico and Atlantic Region Regulations, as amended effective April 7, 2022, Chapter 1, General Provisions, sections (FMP). The FMP was prepared by the 2(b), 2(c); 3; 4; 124(g)(v); 260 (except Gulf of Mexico and South Atlantic 260(b)(ii)); 261; 262; 263; 264(a) through Fishery Management Councils. The 264(c), 264(d)(i) (except the citation ‘‘W.S. FMP is implemented by NMFS under 35–11–1607’’ and the phrase ‘‘or a signed the authority of the Magnuson-Stevens remedy agreement pursuant to W.S. 35–11– Fishery Conservation and Management 1607’’ in the first sentence), 264(d)(iii), 264(e) Act (Magnuson-Stevens Act) through through 264(j); 265; 266; 267; 268; 270(a) regulations at 50 CFR part 622. All through 270(k); 273; and 279. Copies of the Wyoming regulations that are weights described for Spanish mackerel in the Atlantic EEZ apply as either incorporated by reference are available from the Wyoming Secretary of State’s Office, round or gutted weight. Herschler Building East, 122 West 25th The commercial annual catch limit Street, Suite 100, Cheyenne, WY 82002– (equal to the commercial quota) for the 0020, (Phone: (307) 777–5847; website: Atlantic migratory group of Spanish https://rules.wyo.gov/). mackerel (Atlantic Spanish mackerel) is [FR Doc. 2023–20523 Filed 9–22–23; 8:45 am] 3.33 million lb (1.51 million kg). BILLING CODE 6560–50–P Atlantic Spanish mackerel are divided into northern and southern zones for management purposes. The commercial quota for Atlantic Spanish mackerel in DEPARTMENT OF COMMERCE the northern zone is 662,670 lb (300,582 National Oceanic and Atmospheric kg) for the current fishing year, which Administration is March 1, 2023, through February 29, 2024 (50 CFR 622.384(c)(2)(i)). 50 CFR Part 622 The northern zone for Spanish mackerel extends in the Atlantic EEZ [Docket No. 140722613–4908–02;RTID 0648– from New York through North Carolina. XD394] The northern boundary of the northern zone extends from an intersection point Coastal Migratory Pelagic Resources off New York, Connecticut, and Rhode of the Gulf of Mexico and Atlantic Island at 41°18′16.249″ N latitude and Region; Commercial Closure for 71°54′28.477″ W longitude, and Atlantic Spanish Mackerel in the proceeds southeast to 37°22′32.75″ N Northern Zone latitude and the intersection point with AGENCY: National Marine Fisheries the outward boundary of the EEZ. The Service (NMFS), National Oceanic and southern boundary of the northern zone Atmospheric Administration (NOAA), extends from the North Carolina and Commerce. South Carolina state border along a line in a direction of 135°34′55″ from true ACTION: Temporary rule; closure. north beginning at 33°51′07.9″ N SUMMARY: NMFS implements an latitude and 78°32′32.6″ W longitude to accountability measure (AM) for the intersection point with the outward commercial Spanish mackerel in the boundary of the EEZ (50 CFR northern zone of the Atlantic exclusive 622.369(b)(2)). See Figure 2 of appendix economic zone (EEZ). NMFS projects G to part 622—Spanish Mackerel for an that the commercial quota for Spanish illustration of the management zones. mackerel in the northern zone of the Regulations at 50 CFR 622.388(d)(1)(i) Atlantic EEZ has been reached. require NMFS to close the commercial Therefore, NMFS closes the northern sector for Atlantic Spanish mackerel in zone for commercial harvest of Spanish the northern zone when the commercial mackerel to protect the Spanish quota for that zone is reached, or is mackerel resource in the Atlantic. projected to be reached, by filing such a notification with the Office of the DATES: This temporary rule is effective Federal Register. NMFS projects that the from 12:01 a.m. eastern time on ddrumheller on DSK120RN23PROD with RULES1 under subtitle C of RCRA, 42 U.S.C. 6921 et seq. ■ 3. Appendix A to part 272, State Requirements, is amended by revising the listing for ‘‘Wyoming’’ to read as follows: VerDate Sep<11>2014 16:08 Sep 22, 2023 Jkt 259001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 commercial quota of 662,670 lb (300,582 kg) for Atlantic Spanish mackerel in the northern zone has been reached. Accordingly, the commercial sector for Atlantic Spanish mackerel in the northern zone is closed effective at 12:01 a.m. eastern time on September 25, 2023, through February 29, 2024, 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 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 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 additional harvest in exceedance of 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). E:\FR\FM\25SER1.SGM 25SER1 Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Rules and Regulations Authority: 16 U.S.C. 1801 et seq. [FR Doc. 2023–20715 Filed 9–20–23; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 160906822–7547–02; RTID 0648–XD370] Snapper-Grouper Fishery of the South Atlantic; 2023 Recreational Harvest Closure of Hogfish Off Georgia, South Carolina, and North Carolina in the South Atlantic National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS implements an accountability measure (AM) for the recreational harvest of hogfish off Georgia, South Carolina, and North Carolina in the South Atlantic exclusive economic zone (EEZ). NMFS estimates that recreational landings of hogfish harvested off Georgia through North Carolina have exceeded the recreational annual catch limit (ACL). Therefore, NMFS closes the recreational sector for hogfish in the EEZ off Georgia through North Carolina to protect the hogfish resource. DATES: This temporary rule is effective from September 26, 2023, through December 31, 2023. FOR FURTHER INFORMATION CONTACT: Frank Helies, NMFS Southeast Regional Office, telephone: 727–824–5305, email: frank.helies@noaa.gov. ddrumheller on DSK120RN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 16:08 Sep 22, 2023 Jkt 259001 The snapper-grouper fishery in the South Atlantic EEZ includes hogfish and is managed under the Fishery Management Plan for the SnapperGrouper Fishery of the South Atlantic Region (FMP). The South Atlantic Fishery Management Council and NMFS prepared the FMP, and NMFS implements the FMP under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. In the South Atlantic EEZ, hogfish are managed as two separate stocks: one stock that exists off Georgia, South Carolina, and North Carolina (GeorgiaNorth Carolina), and another stock that exists off the Florida Keys and east Florida. This temporary rule applies only to the recreational harvest of hogfish in the EEZ off Georgia-North Carolina. The recreational ACL for hogfish off Georgia-North Carolina is 988 fish (50 CFR 622.193(u)(1)(iii)(B)). The AMs for hogfish off Georgia-North Carolina require NMFS to close the recreational harvest for the remainder of the fishing year if landings reach or are projected to reach the recreational ACL (50 CFR 622.193(u)(1)(ii)(A)). The NMFS Southeast Fisheries Science Center estimates that recreational landings of hogfish harvested from the EEZ off Georgia-North Carolina have reached and likely exceeded the recreational ACL. Therefore, this temporary rule implements the AM to close the recreational harvest of hogfish in the EEZ off Georgia-North Carolina for the remainder of the fishing year, which continues through December 31, 2023. During this recreational closure, the recreational bag and possession limits for hogfish off Georgia-North Carolina in or from South Atlantic EEZ are zero fish. The recreational harvest for hogfish off Georgia-North Carolina for the 2024 SUPPLEMENTARY INFORMATION: Dated: September 20, 2023. Kelly Denit, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. PO 00000 Frm 00047 Fmt 4700 Sfmt 9990 65627 fishing year will open again on January 1. Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR 622.193(u)(1)(ii)(A), 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 that established the recreational ACL and AMs for hogfish was already subject to notice and comment, and all that remains is to notify the public of the closure. Such procedures are contrary to the public interest because of the need to immediately implement this action to protect hogfish off Georgia-North Carolina. The recreational ACL for hogfish off Georgia-North Carolina in the South Atlantic has been reached and likely exceeded, and prior notice and opportunity for public comment would require more time and result in further recreational harvest in excess of the established ACL. For the reasons just stated, there is also 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 20, 2023. Kelly Denit, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2023–20705 Filed 9–20–23; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\25SER1.SGM 25SER1

Agencies

[Federal Register Volume 88, Number 184 (Monday, September 25, 2023)]
[Rules and Regulations]
[Pages 65626-65627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20715]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140722613-4908-02;RTID 0648-XD394]


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 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 has been 
reached. Therefore, NMFS closes the northern zone for commercial 
harvest of Spanish mackerel to protect the Spanish mackerel resource in 
the Atlantic.

DATES: This temporary rule is effective from 12:01 a.m. eastern time on 
September 25, 2023, through February 29, 2024.

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) 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 lb (1.51 million kg). 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, 2023, through February 29, 2024 (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 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 has 
been reached. Accordingly, the commercial sector for Atlantic Spanish 
mackerel in the northern zone is closed effective at 12:01 a.m. eastern 
time on September 25, 2023, through February 29, 2024, 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 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 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 
additional harvest in exceedance of 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).


[[Page 65627]]


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

    Dated: September 20, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2023-20715 Filed 9-20-23; 4:15 pm]
BILLING CODE 3510-22-P
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