[Federal Register Volume 86, Number 190 (Tuesday, October 5, 2021)]
[Rules and Regulations]
[Pages 54871-54872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21719]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 160426363-7275-02; RTID 0648-XB395]


Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
Atlantic Region; 2021-2022 Commercial Quota Reduction for King Mackerel 
in the Run-Around Gillnet Fishery of the Gulf of Mexico

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

ACTION: Temporary rule; commercial quota reduction.

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SUMMARY: NMFS implements an accountability measure (AM) through this 
temporary rule for commercial

[[Page 54872]]

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 landings of king mackerel harvested by run-
around gillnet gear in the southern zone of the Gulf EEZ exceeded the 
commercial annual catch limit (ACL), equivalent to the commercial 
quota, in the 2020-2021 fishing year. Therefore, NMFS reduces the 
southern zone commercial ACL for king mackerel fishing using run-around 
gillnet gear in the Gulf EEZ during the 2021-2022 fishing year. This 
commercial ACL reduction is necessary to protect the Gulf king mackerel 
resource.

DATES: The temporary rule is effective from 6 a.m. local time on 
January 18, 2022, through June 30, 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 the Gulf migratory group of king mackerel (Gulf king 
mackerel) described in this temporary rule apply as either round or 
gutted weight.
    The commercial ACL (equivalent to the commercial quota) 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 Gulf southern zone 
includes the EEZ off Collier and Monroe Counties in south Florida. The 
Gulf southern zone encompasses an area of 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)).
    For the 2020-2021 fishing season, the commercial gillnet quota for 
Gulf king mackerel was 575,400 lb (260,997 kg). 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 respective quota has been 
reached, or is projected to be reached, by filing a notification with 
the Office of the Federal Register. On January 28, 2021, NMFS 
determined that the 2020-2021 commercial gillnet quota had been 
reached, and closed the commercial gillnet component for the remainder 
of the 2020-2021 fishing year (86 FR 7815, February 2, 2021).
    NMFS' most recent landings data for the 2020-2021 fishing year 
indicate that the commercial gillnet component exceeded the 575,400-lb 
(260,997-kg) quota by 11,920 lb (5,407 kg). The AM specified in 50 CFR 
622.388(a)(1)(iii) states if commercial landings of king mackerel 
caught by run-around gillnet gear exceed the commercial gillnet ACL, 
then NMFS will reduce the commercial gillnet ACL in the following 
fishing year by the amount of the ACL overage.
    Prior to the application of the ACL reduction, the 2021-2022 
commercial gillnet ACL for Gulf king mackerel in the southern zone is 
575,400 lb (260,997 kg) (50 CFR 622.384(b)(1)(iii)(B)). The fishing 
season for run-around gillnet gear is currently closed from July 1, 
2021, through January 17, 2022, and will open at 6 a.m. on January 18, 
2022. The 2021-2022 fishing year runs through June 30, 2022.
    Consistent with the AM, NMFS reduces the 2021-2022 commercial 
gillnet quota by the amount of the 2020-2021 commercial gillnet ACL 
overage resulting in a run-around gillnet ACL of 563,480 lb (255,590 
kg). If king mackerel commercial gillnet landings do not exceed the 
adjusted ACL in the 2021-2022 fishing year, then in the 2022-2023 
fishing year, the component's commercial quota will again be 575,400 lb 
(260,997 kg) as specified in 50 CFR 622.384(b)(1)(iii)(B).

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.8(b) and 
622.388(a)(1)(iii), which were issued pursuant to section 304(b), 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, because 
prior notice and opportunity for public comment on this temporary rule 
is unnecessary. Such procedure is unnecessary because the rule that 
implemented the commercial ACL and the associated AM for the commercial 
ACL reduction has already been subject to public notice and comment, 
and all that remains is to notify the public of the commercial ACL 
reduction.

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

    Dated: September 30, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-21719 Filed 9-30-21; 4:15 pm]
BILLING CODE 3510-22-P