Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Rules and Regulations 53 

contrary to the public interest because a 

failure to implement the ACL overage 

adjustment prior to the end of 2021 

would not reduce the 2021 Texas ACL, 

consistent with the agreement between 

NMFS and Texas, and as required under 

Amendments 50F. Adjusting the 2021 

Texas ACL will ensure that any harvest 

in excess of that adjusted ACL is 

accounted for during the 2022 fishing 

year. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in the effectiveness of the 

action under 5 U.S.C. 553(d)(3). 

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

Dated: December 28, 2021. 

Karen Abrams, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2021–28455 Filed 12–28–21; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 140819687–5583–02; RTID 

0648–XB688] 

Coastal Migratory Pelagic Resources 

of the Gulf of Mexico and Atlantic 

Region; 2021–2022 Commercial 

Closure for Spanish Mackerel in the 

Atlantic Southern Zone 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the Atlantic 

southern zone for commercial Spanish 

mackerel in or from the Atlantic 

exclusive economic zone. NMFS has 

determined that the commercial quota 

for Spanish mackerel in the Atlantic 

southern zone will be reached by 

January 3, 2022. Therefore, NMFS closes 

the Atlantic southern zone to 

commercial harvest of Spanish mackerel 

on January 3, 2022. This closure is 

necessary to protect the Spanish 

mackerel resource in the Atlantic. 

DATES: This temporary rule is effective 

from 6 a.m. eastern time on January 3, 

2022, 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 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 

extend from the border of North 

Carolina and South Carolina, which is a 

line extending in a direction of 

135°34′55′′ from true north beginning at 

33°51′07.9′′ N latitude and 78°32′32.6′′ 

W longitude to the intersection point 

with the outward boundary of the U.S. 

exclusive economic zone, to the border 

of Miami-Dade and Monroe Counties in 

Florida at 25°20′24′′ N latitude. 

The southern zone commercial quota 

for Atlantic Spanish mackerel is 

2,667,330 lb (1,209,881 kg). Regulations 

at 50 CFR 622.388(d)(1)(i) require NMFS 

to close the commercial sector for 

Atlantic Spanish mackerel in the 

southern 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 that the 

commercial quota for Atlantic Spanish 

mackerel in the southern zone will be 

reached by January 3, 2022. 

Accordingly, the commercial sector for 

Atlantic Spanish mackerel in the 

southern zone is closed effective at 6 

a.m. eastern time on January 3, 2022, 

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 permit to harvest 

Atlantic Spanish mackerel may 

continue to retain this species in the 

southern 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 southern 

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 southern 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)). 

Commercial harvest of Atlantic 

Spanish mackerel in the southern zone 

for the 2022–2023 fishing year begins on 

March 1, 2022. 

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. 


khammond on DSKJM1Z7X2PROD with RULES
54 Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Rules and Regulations 

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 is 

unnecessary and contrary to the public 

interest. Such procedures are 

unnecessary because the regulations 

associated with the commercial closure 

for Atlantic Spanish mackerel have 

already been subject to notice and 

public comment, and all that remains is 

to notify the public of the commercial 

closure. Prior notice and opportunity for 

public comment on this action is 

contrary to the public interest because 

of the need to immediately implement 

the commercial closure to protect the 

Atlantic Spanish mackerel resource. The 

capacity of the fishing fleet allows for 

rapid harvest of the commercial quota, 

and any delay in the commercial closure 

could result in the commercial quota 

being exceeded. Prior notice and 

opportunity for public comment would 

require time and would potentially 

result in a harvest that exceeds the 

commercial quota. 

For the aforementioned reasons, there 

is good cause under 5 U.S.C. 553(d)(3) 

to waive the 30-day delay in 

effectiveness of this action. 

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

Dated: December 28, 2021. 

Karen Abrams, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2021–28442 Filed 12–28–21; 4:15 pm] 

BILLING CODE 3510–22–P 


khammond on DSKJM1Z7X2PROD with RULES