[Federal Register Volume 84, Number 247 (Thursday, December 26, 2019)]
[Rules and Regulations]
[Page 70904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27723]
[[Page 70904]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 140819687-5583-02; RTID 0648-XS020]
Coastal Migratory Pelagic Resources of the Gulf of Mexico and
Atlantic Region; 2019-2020 Commercial Trip Limit Reduction for Spanish
Mackerel in the Atlantic Southern Zone
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; trip limit reduction.
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SUMMARY: NMFS reduces the commercial trip limit of Atlantic migratory
group Spanish mackerel in the southern zone of the Atlantic exclusive
economic zone (EEZ) to 1,500 lb (680 kg) in round or gutted weight per
day. This commercial trip limit reduction is necessary to maximize the
socioeconomic benefits of the fishery.
DATES: This temporary rule is effective from 6 a.m. eastern time on
December 24, 2019, until 12:01 a.m. eastern time on March 1, 2020.
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 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 the Atlantic migratory
group of Spanish mackerel (Atlantic Spanish mackerel) apply as either
round or gutted weight.
For management purposes, the commercial sector of Atlantic Spanish
mackerel is divided into northern and southern zones. The southern zone
consists of Federal waters off South Carolina, Georgia, and the east
coast of Florida. The southern zone boundaries for Atlantic Spanish
mackerel extend from the border of North Carolina and South Carolina
(which is a line extending in a direction of 135[deg]34'55'' from true
north beginning at 33[deg]51'07.9'' N lat. and 78[deg]32'32.6'' W long.
to the intersection point with the outward boundary of the EEZ) to the
border of Miami-Dade and Monroe Counties, Florida (at 25[deg]20'24'' N
lat.).
The southern zone commercial quota for Atlantic Spanish mackerel is
2,667,330 lb (1,209,881 kg). Seasonally variable trip limits are based
on an adjusted commercial quota of 2,417,330 lb (1,096,482 kg). The
adjusted commercial quota is calculated to allow continued harvest in
the southern zone at a set rate for the remainder of the current
fishing year, through February 29, 2020, in accordance with 50 CFR
622.385(b)(2).
As specified at 50 CFR 622.385(b)(1)(ii)(B), after 75 percent of
the adjusted commercial quota of Atlantic Spanish mackerel is reached
or is projected to be reached, Atlantic Spanish mackerel in or from the
EEZ in the southern zone may not be possessed on board or landed from a
vessel that has been issued a Federal permit for Atlantic Spanish
mackerel in amounts exceeding 1,500 lb (680 kg) per day.
NMFS has determined that 75 percent of the adjusted commercial
quota for Atlantic Spanish mackerel has been reached. Accordingly, the
commercial trip limit of 1,500 lb (680 kg) per day applies to Atlantic
Spanish mackerel harvested in or from the EEZ in the southern zone
effective from 6 a.m. eastern time on December 24, 2019, until 12:01
a.m. eastern time on March 1, 2020, unless changed by subsequent
notification in the Federal Register.
Classification
The Regional Administrator 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 622.385(b)(1)(ii)(B) 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 that the need
to immediately reduce the trip limit for the commercial sector for
Atlantic Spanish mackerel constitutes good cause to waive the
requirements to provide prior notice and the opportunity for public
comment pursuant to 5 U.S.C. 553(b)(B) as such procedures are
unnecessary and contrary to the public interest. Such procedures are
unnecessary because the rules implementing the commercial quotas and
trip limits have already been subject to notice and comment, and all
that remains is to notify the public of the trip limit reduction.
Prior notice and opportunity for public comment is contrary to the
public interest, because any delay in the trip limit reduction of the
commercial harvest could result in the commercial quota being exceeded.
There is a need to immediately implement this action to protect the
Atlantic Spanish mackerel resource, because the capacity of the fishing
fleet allows for rapid harvest of the commercial quota. Prior notice
and opportunity for public comment would require additional 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: December 18, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-27723 Filed 12-19-19; 4:15 pm]
BILLING CODE 3510-22-P