[Federal Register Volume 86, Number 20 (Tuesday, February 2, 2021)]
[Rules and Regulations]
[Pages 7815-7816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02134]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 160426363-7275-02; RTID 0648-XA837]


Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
Atlantic Region; 2020-2021 Closure of Commercial Run-Around Gillnet for 
King Mackerel

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

[[Page 7816]]


ACTION: Temporary rule; closure.

-----------------------------------------------------------------------

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) 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 January 28, 2021. This closure 
is necessary to protect the Gulf king mackerel resource.

DATES: The closure is effective from 12 p.m. local time on January 28, 
2021, until 6 a.m. local time on January 18, 2022.

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. The commercial gillnet quota (equivalent to the commercial 
gillnet ACL) for Gulf king mackerel is 575,400 lb (260,997 kg) during 
the fishing year from July 1, 2020, through June 30, 2021 (50 CFR 
622.384(b)(1)(iii)(B)).
    Regulations at 50 CFR 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 2020-2021 fishing year, the commercial 
quota for Gulf king mackerel on 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 
January 28, 2021, until 6 a.m. local time on January 18, 2022, the 
beginning of the next fishing season, i.e., the day after the 2022 
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 January 28, 2021.
    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

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.388(a)(1), which was 
issued pursuant to section 304(b) of the Magnuson-Stevens Act, and is 
exempt from review under Executive Order 12866.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment on this action, as notice 
and comment is unnecessary and contrary to the public interest. Such 
procedures are unnecessary because the regulations associated with the 
commercial quota and associated AM for Gulf king mackerel have already 
been subject to notice and public comment, and all that remains is to 
notify the public of the closure. Prior notice and opportunity for 
public comment on this action is contrary to the public interest 
because of the need to immediately implement the closure to protect the 
Gulf king mackerel resource. The capacity of the fishing fleet allows 
for rapid harvest of the commercial quota, and any delay in the closure 
could result in the commercial quota being exceeded. Prior notice and 
opportunity for public comment would require time and would potentially 
result in a harvest that exceeds the commercial quota.
    For the aforementioned reasons, there is good cause under 5 U.S.C. 
553(d)(3) to waive the 30-day delay in effectiveness of this action.

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

    Dated: January 27, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-02134 Filed 1-28-21; 4:15 pm]
BILLING CODE 3510-22-P