[Federal Register Volume 84, Number 37 (Monday, February 25, 2019)]
[Rules and Regulations]
[Pages 5955-5956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03190]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 160426363-7275-02]
RIN 0648-XG770


Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
Atlantic Region; 2018-2019 Commercial Hook-and-Line Closure for King 
Mackerel in the Gulf of Mexico Southern Zone

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

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SUMMARY: NMFS implements an accountability measure (AM) to close the 
hook-and-line component of the commercial sector for king mackerel in 
the Gulf of Mexico (Gulf) southern zone. This closure is necessary to 
protect the Gulf king mackerel resource.

DATES: This temporary rule is effective from 12:01 a.m., local time, on 
February 22, 2019, through June 30, 2019.

FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, NMFS Southeast 
Regional Office, telephone: 727-824-5305, email: 
[email protected].

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 for Gulf 
migratory group king mackerel (Gulf king mackerel) below apply as 
either round or gutted weight.
    The king mackerel fishery in the Gulf is divided into western, 
northern, and southern zones, which have separate commercial quotas. 
The southern zone for Gulf king mackerel encompasses an area of the 
exclusive economic zone (EEZ) south of a line extending due west from 
the boundary of Lee and Collier Counties on the Florida west coast, and 
south of a line extending due east from the boundary of Monroe and 
Miami-Dade Counties on the Florida east coast, which includes the EEZ 
off Collier and Monroe Counties in south Florida (50 CFR 
622.369(a)(1)(iii)).

[[Page 5956]]

    The commercial quota for the hook-and-line component of the 
commercial sector in the southern zone is 585,900 lb (265,760 kg) for 
the current fishing year, July 1, 2018, through June 30, 2019 (50 CFR 
622.384(b)(1)(iii)(A)).
    Regulations at 50 CFR 622.8(b) and 622.388(a)(1) require NMFS to 
close any component of the king mackerel commercial sector when its 
quota has been reached, or is projected to be reached, by filing a 
notification with the Office of the Federal Register. NMFS has 
determined the commercial quota for the hook-and-line component of the 
commercial sector for Gulf king mackerel in the southern zone will be 
reached by February 22, 2019. Accordingly, the hook-and-line component 
of the commercial sector for Gulf king mackerel in the southern zone is 
closed effective at 12:01 a.m., local time, on February 22, 2019, 
through the end of the fishing year on June 30, 2019.
    NMFS has also determined that the Gulf king mackerel commercial 
quota for vessels using run-around gillnet gear in the southern zone 
was reached on February 8, 2019, and therefore on that date, NMFS 
closed the southern zone to commercial king mackerel fishing using run-
around gillnet gear (84 FR 3723, February 13, 2019). Accordingly, all 
commercial fishing for Gulf king mackerel in the southern zone is 
closed effective at 12:01 a.m., local time, on February 22, 2019. The 
commercial hook-and-line component for Gulf king mackerel in the 
southern zone will reopen on July 1, 2019. The commercial run-around 
gillnet component will reopen at 6 a.m., eastern time, on January 21, 
2020.
    A person aboard a vessel that has a valid Federal commercial permit 
for king mackerel may continue to retain king mackerel under the bag 
and possession limits set forth in 50 CFR 622.382(a)(1)(ii) and (a)(2), 
as long as the recreational sector for Gulf king mackerel is open (50 
CFR 622.384(e)(1)).
    During the commercial closure, king mackerel caught with hook-and-
line gear 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 caught with hook-and-line gear 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 Regional Administrator for the NMFS Southeast Region has 
determined this temporary rule is necessary for the conservation and 
management of Gulf king mackerel and is consistent with the Magnuson-
Stevens Act and other applicable laws.
    This action is taken under 50 CFR 622.8(b) and 622.388(a)(1), 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 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 on this temporary rule pursuant to the authority set 
forth in 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 implement immediately this 
action to protect the king 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 the action under 5 U.S.C. 
553(d)(3).

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

    Dated: February 20, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2019-03190 Filed 2-20-19; 4:15 pm]
 BILLING CODE 3510-22-P