[Federal Register Volume 86, Number 64 (Tuesday, April 6, 2021)]
[Rules and Regulations]
[Pages 17751-17752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07094]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 160426363-7275-02]
RTID 0648-XA985


Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
Atlantic Region; Reopening of Commercial Hook-and-Line 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; reopening.

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SUMMARY: NMFS is temporarily reopening the commercial hook-and-line 
component for king mackerel in the Gulf of Mexico (Gulf) southern zone. 
The most recent commercial landings data for king mackerel in the Gulf 
southern zone indicate the commercial hook-and-line quota for the 2020-
2021 fishing year has not yet been reached. The commercial hook-and-
line component will reopen for 5 days to allow harvest of remaining 
king mackerel commercial quota. NMFS intends this action to maximize 
the economic benefits to commercial fishermen while continuing to 
protect the Gulf king mackerel resource within the established 
commercial quota.

DATES: This temporary rule is effective from 12:01 a.m., local time, on 
April 4, 2021, through April 8, 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 and is managed under the 
Fishery Management Plan for the Coastal Migratory Pelagic Resources of 
the Gulf of Mexico and Atlantic Region (FMP). The Gulf of Mexico and 
South Atlantic Fishery Management Councils prepared the FMP. NMFS 
implements the FMP 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) in this temporary rule 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 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)).
    Under 50 CFR 622.388(a)(1), NMFS is required to close the king 
mackerel commercial sector for the applicable zone or gear type during 
the remainder of the fishing year if landings reach, or are projected 
to reach, the applicable commercial quota by filing a notification to 
that effect with the Office of the Federal Register. The fishing year 
for the harvest of Gulf king mackerel with hook-and-line gear in the 
southern zone is July 1 through June 30. On February 22, 2021, NMFS 
projected that commercial fishermen would reach the commercial hook-
and-line quota for Gulf king mackerel in the southern zone and 
published a temporary rule in the Federal Register to close the zone to 
commercial harvest using such gear through June 30, 2021 (86 FR 10183, 
February 19, 2021).
    However, the most recent landings data for king mackerel in the 
Gulf southern zone indicate the commercial hook-and-line quota for the 
2020-2021 fishing year has not yet been reached. The commercial hook-
and-line quota for Gulf king mackerel in the southern zone is 575,400 
lb (260,997 kg) for the 2020-2021 fishing year (50 CFR 
622.384(b)(1)(iii)(A)). Approximately 50,562 lb (22,934 kg) of the 
commercial hook-and-line quota remain, and NMFS projects that this 
amount will be harvested in 5 days.
    Therefore, in accordance with 50 CFR 622.8(c), NMFS reopens the 
commercial hook-and-line component for king mackerel in the Gulf 
southern zone for 5 days to allow the commercial quota to be caught. 
Following the 5-day reopening period, the hook-and-line component of 
the commercial sector for Gulf king mackerel in the southern zone is 
closed again from April 9, 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 reopens on July 1, 2021.
    NMFS has also previously 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 such gear (86 FR 7815, February 2, 2021). Accordingly, all 
commercial fishing for Gulf king mackerel in the southern zone is 
closed from April 9, 2021, through June 30, 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 taken under 50 CFR 622.8(c), 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 regulation at 50 CFR 622.8(c) 
has already has already been subject to notice and public comment, and 
all that remains is to notify the public that additional harvest is 
available under the established commercial quota, and therefore, the 
commercial hook-and-line component for Gulf king mackerel in the 
southern zone will reopen. Prior notice and opportunity for public 
comment on this action is contrary to the public interest because these 
fish are migratory and reopening quickly is necessary to provide 
fishermen the best opportunity to harvest the fish before they leave 
the area. NMFS expects reopening quickly to help achieve optimum yield 
by making additional king mackerel available to consumers and resulting 
in revenue increases to commercial fishermen.
    For the aforementioned reasons, there is good cause under 5 U.S.C. 
553(d)(3)

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

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

    Dated: April 1, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-07094 Filed 4-1-21; 4:40 pm]
BILLING CODE 3510-22-P