[Federal Register Volume 86, Number 121 (Monday, June 28, 2021)]
[Rules and Regulations]
[Page 33911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13761]



[[Page 33911]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 160426363-7275-02; RTID 0648-XB189]


Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
Atlantic Region; 2020-2021 Commercial Closure for King Mackerel in the 
Gulf of Mexico Northern 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) for commercial 
king mackerel in the northern zone of the Gulf of Mexico (Gulf) 
exclusive economic zone (EEZ). NMFS projects that the commercial quota 
for king mackerel in the northern zone of the Gulf EEZ has been 
reached. Therefore, NMFS closes the northern zone of the Gulf EEZ to 
commercial king mackerel fishing on June 28, 2021. This closure is 
necessary to protect the Gulf king mackerel resource.

DATES: The closure is effective at 12:01 a.m., local time, June 28, 
2021, until October 1, 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 in 
the Gulf and on the east coast of Florida, 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. The 
FMP 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 described for king mackerel 
in the Gulf EEZ apply as either round or gutted weight.
    The commercial annual catch limit (equal to the commercial quota) 
for the Gulf migratory group of king mackerel (Gulf king mackerel) is 
2.74 million lb (1.24 million kg). Commercial fishing for Gulf king 
mackerel is divided into multiple zones for management purposes. The 
commercial quota for Gulf king mackerel in the northern zone is 493,200 
lb (223,712 kg) for the current fishing year, October 1, 2020, through 
September 30, 2021 (50 CFR 622.384(b)(1)(ii)).
    The northern zone for Gulf king mackerel is located in the EEZ 
between a line at 87[deg]31.6' W longitude, which is a line extending 
due south of the state boundary of Alabama and Florida, and a line at 
26[deg]19.48' N latitude, which is a line extending due west from the 
boundary of Lee and Collier Counties in southwest Florida 50 CFR 
622.369(a)(1)(ii).
    Regulations at 50 CFR 622.388(a)(1)(i) require NMFS to close the 
commercial sector for Gulf king mackerel in the northern zone when the 
commercial quota is reached, or is projected to be reached, by filing a 
notification to that effect with the Office of the Federal Register. 
NMFS has determined the commercial quota for Gulf king mackerel in the 
northern zone has been reached. Accordingly, NMFS closes the northern 
zone to commercial fishing for Gulf king mackerel effective from 12:01 
a.m., local time, on June 28, 2021, 2021, through September 30, 2021, 
the end of the current fishing year.
    During the closure, a person on board a vessel that has been issued 
a valid Federal commercial or charter vessel/headboat permit for 
coastal migratory pelagic fish may continue to retain the king mackerel 
in the northern zone 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 in the northern zone is open 
(50 CFR 622.384(e)(1)).
    Also during the closure, Gulf king mackerel from the closed zone, 
including those harvested under the bag and possession limits, may not 
be purchased or sold. This prohibition does not apply to king mackerel 
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 622.384(e) and 
622.388(a)(1)(i), which were 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 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. Such procedures are also contrary to the public interest 
because of the need to immediately implement the closure to protect the 
Gulf king mackerel stock. The capacity of the fishing fleet allows for 
rapid harvest of the commercial quota and the quota has already been 
met. Prior notice and opportunity for public comment would require time 
and could result in additional harvest.
    For the aforementioned reasons, there is good cause to waive the 
30-day delay in the effectiveness of this action under 5 U.S.C. 
553(d)(3).

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

    Dated: June 23, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-13761 Filed 6-25-21; 8:45 am]
BILLING CODE 3510-22-P