[Federal Register Volume 84, Number 225 (Thursday, November 21, 2019)]
[Rules and Regulations]
[Pages 64227-64228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25222]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 160426363-7275-02; RTID 0648-XS016]


Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
Atlantic Region; 2019-2020 Commercial Closure for King Mackerel in the 
Gulf of Mexico Western 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) for commercial 
king mackerel in the western zone of the Gulf of Mexico (Gulf) 
exclusive economic zone (EEZ) through this temporary rule. NMFS has 
determined that the commercial quota for king mackerel in the western 
zone of the Gulf EEZ will be reached by November 21, 2019. Therefore, 
NMFS closes the western zone of the Gulf EEZ to commercial king 
mackerel fishing on November 21, 2019. This closure is necessary to 
protect the Gulf king mackerel resource.

DATES: The closure is effective at noon, central time, on November 21, 
2019, until 12:01 a.m., central time, on July 1, 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 of king mackerel (Gulf king mackerel) 
below apply as either round or gutted weight.
    The commercial quota for the Gulf king mackerel in the western zone 
is 1,096,000 lb (497,137 kg) for the current fishing year, July 1, 
2019, through June 30, 2020 (50 CFR 622.384(b)(1)(i)).
    The western zone of Gulf king mackerel is located in the EEZ 
between a line extending east from the border of the United States and 
Mexico, and 87[deg]31.1' W. long., which is a line extending south from 
the state boundary of Alabama and Florida. The western zone includes 
the EEZ off Texas, Louisiana, Mississippi, and Alabama.
    Regulations at 50 CFR 622.388(a)(1)(i) require NMFS to close the 
commercial sector for Gulf king mackerel in the western zone when the 
zone's 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 western zone will be reached by November 21, 2019.

[[Page 64228]]

Accordingly, the western zone is closed to commercial fishing for Gulf 
king mackerel effective at noon, central time, on November 21, 2019, 
through the end of the current fishing year on June 30, 2020.
    During the commercial 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 king 
mackerel in the western 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 is open (50 CFR 
622.384(e)(1)).
    Also during the commercial closure, king mackerel from the closed 
zone, including those harvested under the recreational 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

    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 622.384(e) and 622.388(a)(1)(i), 
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 pursuant to the authority set forth at 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 immediately implement this action to protect the king mackerel 
stock. 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 the effectiveness of this action under 5 
U.S.C. 553(d)(3).

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

    Dated: November 15, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-25222 Filed 11-18-19; 4:15 pm]
 BILLING CODE 3510-22-P