Federal Register / Vol. 87, No. 118 / Tuesday, June 21, 2022 / Rules and Regulations 36771 

(1) EPA-APPROVED NORTH CAROLINA REGULATIONS

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EPA approval date Explanation 

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Section .0543 ........ Best Available Retrofit Technology 11/1/2020 6/21/2022, [Insert citation of publication].

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[FR Doc. 2022–13161 Filed 6–17–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 140722613–4908–02; RTID 

0648–XC105] 

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 21, 

2022. Therefore, NMFS closes the 

northern zone in the Atlantic EEZ to 

commercial harvest of Spanish mackerel 

on June 21, 2022. 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 21 

2022, until February 28, 2023. 

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) 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 northern 

zone commercial quota for Atlantic 

Spanish mackerel is 662,670 lb (300,582 

kg) for the current fishing year, which 

is March 1, 2022, through February 28, 

2023 (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 and 

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 and 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 

21, 2022. Accordingly, the commercial 

sector for Atlantic Spanish mackerel in 

the northern zone is closed effective at 

12:01 a.m., eastern time, on June 21, 

2022, through February 28, 2023, 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)(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 

622.8(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 


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36772 Federal Register / Vol. 87, No. 118 / Tuesday, June 21, 2022 / Rules and Regulations 

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 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). 

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

Dated: June 16, 2022. 

Kelly Denit, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–13296 Filed 6–16–22; 4:15 pm] 

BILLING CODE 3510–22–P 


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