[Federal Register Volume 84, Number 219 (Wednesday, November 13, 2019)]
[Rules and Regulations]
[Pages 61568-61569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24516]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 160426363-7275-02]
RIN 0648-XS008


Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
Atlantic Region; 2019-2020 Commercial Quota Reduction for King Mackerel 
Run-Around Gillnet Fishery

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

ACTION: Temporary rule; commercial quota reduction.

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SUMMARY: NMFS implements an accountability measure (AM) through this 
temporary rule for commercial harvest of king mackerel in the southern 
zone of the Gulf of Mexico (Gulf) exclusive economic zone (EEZ) using 
run-around gillnet gear. NMFS has determined that the commercial annual 
catch limit (equivalent to the commercial quota) for king mackerel 
using run-around gillnet gear in the southern zone of the Gulf EEZ was 
exceeded in the 2018-2019 fishing year. Therefore, NMFS reduces the 
southern zone commercial annual catch limit (ACL) for king mackerel 
fishing using run-around gillnet gear in the Gulf EEZ during the 2019-
2020 fishing year. This commercial ACL reduction is necessary to 
protect the Gulf king mackerel resource.

DATES: The temporary rule is effective from 6 a.m. on January 21, 2020, 
through June 30, 2020.

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 in the Gulf 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 commercial ACL in the Gulf is divided into 
separate ACLs for hook-and-line and run-around gillnet gear. The use of 
run-around gillnets for king mackerel is restricted to the Gulf 
southern zone. The Gulf southern zone, which includes the EEZ off 
Collier and Monroe Counties in south Florida, encompasses an area of 
the 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 (50 CFR 622.369(a)(1)(iii)).
    For the 2018-2019 fishing season, the commercial gillnet quota for 
Gulf king mackerel was 585,900 lb (265,760 kg). 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 respective

[[Page 61569]]

quota has been reached, or is projected to be reached, by filing a 
notification with the Office of the Federal Register. On February 8, 
2019, NMFS determined that the 2018-2019 commercial gillnet quota had 
been reached, and closed the commercial gillnet component for the 
remainder of the 2018-2019 fishing year (84 FR 3723, February 13, 
2019).
    NMFS' most recent landings data for the 2018-2019 fishing year 
indicate that the commercial gillnet component exceeded the 585,900-lb 
(265,760-kg) quota by 45,357 lb (20,573 kg). The AM specified in 50 CFR 
622.388(a)(1)(iii) states if commercial landings of king mackerel 
caught by run-around gillnet gear exceed the commercial gillnet ACL, 
then NMFS will reduce the commercial gillnet ACL in the following 
fishing year by the amount of the overage.
    The 2019-2020 commercial gillnet ACL for Gulf king mackerel in the 
southern zone is 575,400 lb (260,997 kg) (50 CFR 
622.384(b)(1)(iii)(B)). The fishing season is currently closed from 
July 1, 2019, through January 20, 2020, and will open at 6 a.m. on 
January 21, 2020. The 2019-2020 fishing year runs through June 30, 
2020.
    Consistent with the AM, NMFS reduces the 2019-2020 commercial 
gillnet quota by the amount of the 2018-2019 commercial gillnet ACL 
overage to 530,043 lb (240,423 kg). If king mackerel commercial gillnet 
landings do not exceed the ACL in the 2019-2020 fishing year, then in 
the 2020-2021 fishing year, the component's commercial quota will again 
be 575,400 lb (260,997 kg) as specified in 50 CFR 
622.384(b)(1)(iii)(B).

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 FMP, the 
Magnuson-Stevens Act, and other applicable laws.
    This action is taken under 50 CFR 622.8(b) and 622.388(a)(1)(iii) 
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 prior 
notice and opportunity for public comment.
    This action responds to the best scientific information available. 
The NOAA Assistant Administrator for Fisheries (AA) finds that the need 
to immediately implement this action to reduce the commercial ACL for 
the fishery component that uses run-around gillnet gear constitutes 
good cause to waive the requirements to provide prior notice and 
opportunity for public comment pursuant to the authority set forth in 5 
U.S.C. 553(b)(B), because prior notice and opportunity for public 
comment on this temporary rule is unnecessary. Such procedure is 
unnecessary because the rule implementing the commercial ACL and the 
associated AM for the commercial ACL reduction has already been subject 
to public notice and comment, and all that remains is to notify the 
public of the commercial ACL reduction.

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

    Dated: November 6, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-24516 Filed 11-12-19; 8:45 am]
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