[Federal Register Volume 85, Number 40 (Friday, February 28, 2020)]
[Rules and Regulations]
[Pages 11861-11862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04092]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 160426363-7275-02]
RTID 0648-XS021


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

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

ACTION: Temporary rule; closure.

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[[Page 11862]]

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 (ACL) (equivalent to the commercial quota) for king 
mackerel using run-around gillnet gear in the southern zone of the Gulf 
EEZ has been reached. Therefore, NMFS closes the southern zone to 
commercial king mackerel fishing using run-around gillnet gear in the 
Gulf EEZ on February 25, 2020. This closure is necessary to protect the 
Gulf king mackerel resource.

DATES: The closure is effective from 12 p.m. local time on February 25, 
2020, until 6 a.m. local time on January 19, 2021.

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) 
apply as either round or gutted weight.
    The commercial fishery for Gulf king mackerel is divided into 
western, northern, and southern zones. The southern zone for Gulf king 
mackerel encompasses an area of the Gulf EEZ off Collier and Monroe 
Counties in south Florida, which is 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)).
    The commercial ACL for Gulf king mackerel 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. On November 13, 2019, as a result of an overage of the 2018-2019 
commercial gillnet ACL, NMFS reduced the 2019-2020 commercial quota 
(equivalent to the commercial ACL) for Gulf king mackerel in the 
southern zone for vessels using run-around gillnet gear to 530,043 lb 
(240,423 kg) for the 2019-2020 fishing year, which extends through June 
30, 2020 (84 FR 61568, November 13, 2019; 50 CFR 622.388(a)(1)(iii)).
    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 
applicable quota has been reached, or is projected to be reached, by 
filing a notification to that effect with the Office of the Federal 
Register. NMFS has determined that for the 2019-2020 fishing year, the 
adjusted Gulf king mackerel commercial quota for vessels using run-
around gillnet gear in the southern zone has been reached. Accordingly, 
commercial fishing using such gear in the southern zone is closed at 12 
p.m. local time on February 25, 2020, until 6 a.m. local time on 
January 19, 2021, the beginning of the next fishing season, i.e., the 
day after the 2021 Martin Luther King, Jr. Federal holiday. Vessel 
operators that have been issued a Federal commercial permit to harvest 
Gulf king mackerel using run-around gillnet gear in the southern zone 
must have landed ashore and bartered, traded, or sold such king 
mackerel prior to 12 p.m. local time on February 25, 2020.
    Persons aboard a vessel using hook-and-line gear in the southern 
zone for which a Federal commercial permit for Gulf king mackerel has 
been issued, except persons aboard such a vessel also issued a Federal 
commercial permit to harvest Gulf king mackerel using run-around 
gillnet gear, may fish for or retain Gulf king mackerel unless the 
southern zone commercial quota for hook-and-line gear has been met and 
the hook-and-line component of the commercial sector has been closed. 
In addition, as long as the recreational sector for Gulf king mackerel 
is open (50 CFR 622.384(e)(1)), a person aboard a vessel that has a 
valid Federal commercial gillnet permit for king mackerel may continue 
to retain king mackerel under the recreational bag and possession 
limits set forth in 50 CFR 622.382(a)(1)(ii) and (a)(2).
    During the commercial closure, Gulf king mackerel harvested using 
run-around gillnet gear in the southern zone may not be purchased or 
sold. This prohibition does not apply to Gulf king mackerel harvested 
using run-around gillnet gear in the southern 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 FMP, 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 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 close the run-around gillnet 
component of the commercial sector in the Gulf southern zone 
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 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 comment, and all that remains is to notify 
the public of the closure. Prior notice and opportunity for public 
comment is contrary to the public interest, because any delay in the 
closure of the commercial harvest could result in the commercial quota 
being exceeded. There is a need to immediately implement this action to 
protect the king mackerel resource, because the capacity of the fishing 
fleet allows for rapid harvest of the quota. Prior notice and 
opportunity for public comment on this action would require time and 
would potentially result in a harvest well in excess of the established 
quota.
    For the aforementioned reasons, the AA also finds good cause to 
waive the 30-day delay in effectiveness under 5 U.S.C. 553(d)(3).

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

    Dated: February 25, 2020.
Karyl K. Brewster-Geisz,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-04092 Filed 2-25-20; 4:15 pm]
 BILLING CODE 3510-22-P