[Federal Register Volume 86, Number 32 (Friday, February 19, 2021)]
[Rules and Regulations]
[Pages 10183-10184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03351]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 160426363-7275-02]
RTID 0648-XA879


Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
Atlantic Region; 2020-2021 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 
February 22, 2021, through June 30, 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) through 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. The southern zone encompasses an 
area of the exclusive economic zone (EEZ) off Collier and Monroe 
Counties in south Florida. The southern zone includes 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 annual catch limit (ACL) for Gulf king mackerel is 
divided into separate ACLs for the hook-and-line and run-around gillnet 
components of the commercial sector. The commercial hook-and-line quota 
(equivalent to the commercial hook-and-line ACL) for Gulf king mackerel 
in the southern zone is 575,400 lb (260,997 kg) for the current fishing 
year of July 1, 2020, through June 30, 2021 (50 CFR 
622.384(b)(1)(iii)(A)).
    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 with the Office of the Federal Register. NMFS has 
determined the 2020-2021 hook-and-line commercial quota for Gulf king 
mackerel in the southern zone will be reached by February 22, 2021. 
Accordingly, the hook-and-line component of the commercial sector for 
Gulf king mackerel in the southern zone is closed from February 22, 
2021, through the end of the fishing year on June 30, 2021. The 
commercial hook-and-line component for Gulf king mackerel in the 
southern zone will reopen on July 1, 2021.
    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 January 28, 2021, and therefore on that date, NMFS 
closed the southern zone to commercial king mackerel fishing using run-
around gillnet gear (86 FR 7815, February 2, 2021). Accordingly, all 
commercial fishing for Gulf king mackerel in the southern zone is 
closed effective at 12:01 a.m. local time on February 22, 2021. The 
commercial run-around gillnet component for Gulf king mackerel in the 
southern zone will reopen at 6 a.m. local time on January 18, 2022.
    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 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)).
    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

    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 time required to provide notice and an opportunity for 
public comment. There is a need to immediately implement the closure to 
protect the Gulf king mackerel resource, because 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.
    For the aforementioned reasons, there is good cause under 5 U.S.C. 
553(d)(3)

[[Page 10184]]

to waive the 30-day delay in effectiveness of this action.

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

    Dated: February 12, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-03351 Filed 2-16-21; 4:15 pm]
BILLING CODE 3510-22-P