83 FR 55107 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; Commercial Closure for Spanish Mackerel
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 213 (November 2, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 213 (November 2, 2018)
| Page Range | 55107-55107 | |
| FR Document | 2018-23950 |
[Federal Register Volume 83, Number 213 (Friday, November 2, 2018)] [Rules and Regulations] [Page 55107] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-23950] [[Page 55107]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 140722613-4908-02] RIN 0648-XG588 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; Commercial Closure for Spanish Mackerel 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 November 4, 2018. Therefore, NMFS closes the northern zone of the Atlantic EEZ to commercial harvest of Spanish mackerel on November 4, 2018. 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 November 4, 2018, until 12:01 a.m., local time, on March 1, 2019. FOR FURTHER INFORMATION CONTACT: Frank Helies, NMFS Southeast Regional Office, telephone: 727-824-5305, or email: frank.helies@noaa.gov. SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic fish includes king mackerel, Spanish mackerel, and cobia, 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, 2018, through February 28, 2019 (50 CFR 622.384(c)(2)(i)). The northern zone for Atlantic Spanish mackerel extends in Federal waters off 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 lat., 71[deg]54'28.477'' W long. and proceeds southeast to 37[deg]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[deg]34'55'' from true north beginning at 33[deg]51'07.9'' N lat., 78[deg]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 November 4, 2018. Accordingly, the commercial sector for Atlantic Spanish mackerel in the northern zone is closed effective at 12:01 a.m., local time, on November 4, 2018, through February 28, 2019, 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 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 comment 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). Authority: 16 U.S.C. 1801 et seq. Dated: October 29, 2018. Karen H. Abrams Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-23950 Filed 10-30-18; 11:15 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 213 / Friday, November 2, 2018 / Rules and Regulations 55107
DEPARTMENT OF COMMERCE Amendment 1 to the FMP (79 FR does not apply to Atlantic Spanish
69058). That final rule implemented a mackerel from the closed zone that were
National Oceanic and Atmospheric commercial annual catch limit (equal to harvested, landed ashore, and sold prior
Administration the commercial quota) of 3.33 million lb to the closure and were held in cold
(1.51 million kg) for the Atlantic storage by a dealer or processor (50 CFR
50 CFR Part 622 migratory group of Spanish mackerel 622.384(e)(2)).
(Atlantic Spanish mackerel). Atlantic
[Docket No. 140722613–4908–02] Classification
Spanish mackerel are divided into
RIN 0648–XG588 northern and southern zones for
The RA for the NMFS Southeast
management purposes. The northern
Fisheries of the Caribbean, Gulf of zone commercial quota for Atlantic Region has determined this temporary
Mexico, and South Atlantic; Coastal Spanish mackerel is 662,670 lb (300,582 rule is necessary for the conservation
Migratory Pelagic Resources of the kg) for the current fishing year, which and management of Atlantic Spanish
Gulf of Mexico and Atlantic Region; is March 1, 2018, through February 28, mackerel and is consistent with the
Commercial Closure for Spanish 2019 (50 CFR 622.384(c)(2)(i)). Magnuson-Stevens Act and other
Mackerel The northern zone for Atlantic applicable laws.
Spanish mackerel extends in Federal This action is taken under 50 CFR
AGENCY: National Marine Fisheries waters off New York through North 622.8(b), 622.384(e)(2), and
Service (NMFS), National Oceanic and Carolina. The northern boundary of the 622.388(d)(1)(i) and is exempt from
Atmospheric Administration (NOAA), northern zone extends from an
Commerce. review under Executive Order 12866.
intersection point off New York,
ACTION: Temporary rule; closure. Connecticut, and Rhode Island at These measures are exempt from the
41°18′16.249″ N lat., 71°54′28.477″ W procedures of the Regulatory Flexibility
SUMMARY: NMFS implements an long. and proceeds southeast to Act, because the temporary rule is
accountability measure (AM) for 37°22′32.75″ N lat. and the intersection issued without opportunity for prior
commercial Spanish mackerel in the point with the outward boundary of the notice and opportunity for comment.
northern zone of the Atlantic exclusive EEZ. The southern boundary of the This action responds to the best
economic zone (EEZ) through this northern zone extends from the North scientific information available. The
temporary rule. NMFS has determined Carolina and South Carolina state Assistant Administrator for NOAA
that the commercial quota for Spanish border, along a line extending in a Fisheries (AA) finds good cause to
mackerel in the northern zone of the direction of 135°34′55″ from true north waive the requirements to provide prior
Atlantic EEZ will be reached by beginning at 33°51′07.9″ N lat., notice and opportunity for public
November 4, 2018. Therefore, NMFS 78°32′32.6″ W long. to the intersection
closes the northern zone of the Atlantic comment pursuant to the authority set
point with the outward boundary of the forth at 5 U.S.C. 553(b)(B) as such
EEZ to commercial harvest of Spanish EEZ.
mackerel on November 4, 2018. This procedures are unnecessary and
Regulations at 50 CFR 622.388(d)(1)(i)
closure is necessary to protect the require NMFS to close the commercial contrary to the public interest. Such
Spanish mackerel resource in the sector for Atlantic Spanish mackerel in procedures are unnecessary because the
Atlantic. the northern zone when the commercial rule implementing the commercial
quota for that zone is reached, or is quota and the associated AM has
DATES: The closure is effective at 12:01 already been subject to notice and
a.m., local time, on November 4, 2018, projected to be reached, by filing a
notification to that effect with the Office public comment, and all that remains is
until 12:01 a.m., local time, on March 1, to notify the public of the closure.
2019. of the Federal Register. NMFS has
determined that the commercial quota Additionally, allowing prior notice and
FOR FURTHER INFORMATION CONTACT: opportunity for public comment is
of 662,670 lb (300,582 kg) for Atlantic
Frank Helies, NMFS Southeast Regional Spanish mackerel in the northern zone contrary to the public interest because
Office, telephone: 727–824–5305, or will be reached by November 4, 2018. of the need to immediately implement
email: frank.helies@noaa.gov. Accordingly, the commercial sector for this action to protect the Atlantic
SUPPLEMENTARY INFORMATION: The Atlantic Spanish mackerel in the Spanish mackerel stock, because the
fishery for coastal migratory pelagic fish northern zone is closed effective at capacity of the fishing fleet allows for
includes king mackerel, Spanish 12:01 a.m., local time, on November 4, rapid harvest of the commercial quota.
mackerel, and cobia, and is managed 2018, through February 28, 2019, the Prior notice and opportunity for public
under the Fishery Management Plan for end of the current fishing year. comment would require time and could
the Coastal Migratory Pelagic Resources During the commercial closure, a potentially result in a harvest well in
of the Gulf of Mexico and Atlantic person on board a vessel that has been excess of the established commercial
Region (FMP). The FMP was prepared issued a valid Federal permit to harvest quota.
by the Gulf of Mexico and South Atlantic Spanish mackerel may
Atlantic Fishery Management Councils For the aforementioned reasons, the
continue to retain this species in the
and is implemented by NMFS under the AA also finds good cause to waive the
northern zone under the recreational
authority of the Magnuson-Stevens bag and possession limits specified in 30-day delay in effectiveness of this
Fishery Conservation and Management 50 CFR 622.382(a)(1)(iii) and (a)(2), as action under 5 U.S.C. 553(d)(3).
Act (Magnuson-Stevens Act) by long as the recreational sector for Authority: 16 U.S.C. 1801 et seq.
regulations at 50 CFR part 622. All Atlantic Spanish mackerel is open (50 Dated: October 29, 2018.
weights described for Spanish mackerel CFR 622.384(e)(1)).
in the Atlantic EEZ apply as either Also during the closure, Atlantic Karen H. Abrams
round or gutted weight. Spanish mackerel from the closed zone, Acting Director, Office of Sustainable
On November 20, 2014, NMFS including those harvested under the bag Fisheries, National Marine Fisheries Service.
published a final rule in the Federal and possession limits, may not be [FR Doc. 2018–23950 Filed 10–30–18; 11:15 am]
Register to implement Framework purchased or sold. This prohibition BILLING CODE 3510–22–P
VerDate Sep<11>2014 16:11 Nov 01, 2018 Jkt 247001 PO 00000 Frm 00015 Fmt 4700 Sfmt 9990 E:\FR\FM\02NOR1.SGM 02NOR1](https://thefederalregister.org/doc/83_FR_55320/page/1.svg)
Document Created: 2018-11-02 01:10:35
Document Modified: 2018-11-02 01:10:35
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; closure. | |
| Dates | The closure is effective at 12:01 a.m., local time, on November 4, 2018, until 12:01 a.m., local time, on March 1, 2019. | |
| Contact | Frank Helies, NMFS Southeast Regional Office, telephone: 727-824-5305, or email: [email protected] | |
| FR Citation | 83 FR 55107 | |
| RIN Number | 0648-XG58 |
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