[Federal Register Volume 87, Number 41 (Wednesday, March 2, 2022)]
[Rules and Regulations]
[Pages 11596-11597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04394]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 160426363-7275-02; RTID 0648-XB854]


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

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS closes 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 harvested by run-
around gillnet gear in the Gulf southern zone has been reached. 
Therefore, NMFS implements an accountability measure (AM) and closes 
the southern zone to commercial king mackerel fishing using run-around 
gillnet gear in the Gulf EEZ on March 2, 2022. This closure is 
necessary to protect the Gulf king mackerel resource.

DATES: The closure is effective from 12 p.m. local time on March 2, 
2022, until 6 a.m. local time on January 17, 2023.

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. NMFS implements the FMP 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) 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 normally 575,400 lb (260,997 kg) 
and the current fishing year is from July 1, 2021, through June 30, 
2022 (50 CFR 622.384(b)(1)(iii)(B)). However, on October 5, 2021, NMFS 
published a temporary rule in the Federal Register to reduce the 
commercial gillnet ACL for the 2021-2022 fishing year (86 FR 54871, 
October 5, 2021). NMFS determined that landings in the 2020-2021 
fishing year of king mackerel harvested by run-around gillnet gear 
exceeded the commercial quota of 575,400 lb (260,997 kg) 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 ACL, then NMFS will reduce the commercial gillnet ACL in the 
following fishing year by the amount of the ACL overage. Therefore, 
NMFS reduced the 2021-2022 commercial gillnet ACL to 563,480 lb 
(255,590 kg) for the 2021-2022 fishing year.
    Further, 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 2021-2022 fishing year, 
landings have reached the commercial quota for Gulf king mackerel on 
vessels using run-around gillnet gear in the southern zone. 
Accordingly, commercial fishing using such gear in the southern zone is 
closed at 12 p.m. local time on March 2, 2022. The next fishing season 
begins at 6 a.m. local time on January 17, 2023, i.e., the day after 
the 2023 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

[[Page 11597]]

mackerel prior to 12 p.m. local time on March 2, 2022.
    Persons on 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 on 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 on 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 
procedure is 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 commercial 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 previously stated 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: February 25, 2022.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-04394 Filed 2-25-22; 4:15 pm]
BILLING CODE 3510-22-P