Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Rules and Regulations 33911 

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 

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 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 

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 

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 

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, 


khammond on DSKJM1Z7X2PROD with RULES
33912 Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Rules and Regulations 

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 

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 

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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