[Federal Register Volume 85, Number 45 (Friday, March 6, 2020)]
[Rules and Regulations]
[Pages 13070-13071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04587]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 160426363-7275-02]
RTID 0648-XS025


Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
Atlantic Region; 2019-2020 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 
March 4, 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

[[Page 13071]]

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 sector for Gulf king mackerel 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, and includes 
the EEZ off Collier and Monroe Counties in south Florida (50 CFR 
622.369(a)(1)(iii)).
    The commercial quota for the hook-and-line component of the 
commercial sector in the southern zone is 575,400 lb (260,997 kg) for 
the current fishing year, July 1, 2019, through June 30, 2020 (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 
applicable 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 2019-2020 hook-and-line commercial quota for Gulf king 
mackerel in the southern zone will be reached by March 4, 2020. 
Accordingly, the hook-and-line component of the commercial sector for 
Gulf king mackerel in the southern zone is closed from March 4, 2020, 
through the end of the fishing year on June 30, 2020. The commercial 
hook-and-line component for Gulf king mackerel in the southern zone 
will reopen on July 1, 2020.
    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 25, 2020, and therefore on that date, NMFS 
closed the southern zone to commercial king mackerel fishing using run-
around gillnet gear (85 FR 11861, February 28, 2020). Accordingly, all 
commercial fishing for Gulf king mackerel in the southern zone is 
closed effective at 12:01 a.m. local time on March 4, 2020. The 
commercial hook-and-line component for Gulf king mackerel in the 
southern zone will reopen on July 1, 2020. The commercial run-around 
gillnet component will reopen at 6 a.m. local time on January 19, 2021.
    A person aboard a vessel that has a valid Federal commercial 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), 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 may not be purchased or sold, including 
those harvested under the recreational bag and possession limits. 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 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 
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 Gulf 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: March 2, 2020.
Karyl K. Brewster-Geisz,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-04587 Filed 3-3-20; 4:15 pm]
 BILLING CODE 3510-22-P