[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Rules and Regulations]
[Pages 78875-78876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27915]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 160426363-7275-02; RTID 0648-XC590]


Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
Atlantic Region; 2022-2023 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 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 Gulf southern zone 
exceeded the commercial annual catch limit (ACL) in the 2021-2022 
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 2022-2023 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 17, 2023, through June 30, 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, 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, which is equivalent to the commercial quota, 
for Gulf king mackerel is divided into separate ACLs (quotas) 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 southwest coast of Florida, and south of a line extending due 
east from the boundary of Monroe and Miami-Dade Counties on the 
southeast coast of Florida (50 CFR 622.369(a)(1)(iii)).
    For the 2021-2022 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)(i) 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 March 2, 2022, NMFS determined 
that the 2021-2022 commercial gillnet quota had been reached, and 
closed the commercial gillnet component for the remainder of the 2021-
2022 fishing year (87 FR 11596, March 2, 2022).
    NMFS' most recent landings data for the 2021-2022 fishing year 
indicate that the commercial gillnet component exceeded its 575,400-lb 
(260,997-kg) quota by 18,962 lb (8,601 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.
    The fishing season for run-around gillnet gear is currently closed 
from July 1, 2022, through January 16, 2023, and will open at 6 a.m. 
local time on January 17, 2023. The 2022-2023 fishing year continues 
through June 30, 2023. On December 7, 2022, NMFS published a final rule 
implementing Framework Amendment 11 under the FMP (87 FR 74989). The 
final rule increased the catch limits for Gulf king mackerel, including 
the commercial quota for harvest by gillnet gear. Effective January 6, 
2023, the king mackerel commercial gillnet component quota for the 
2022-2023 fishing year will be 671,328 lb (304,509 kg).
    Consistent with the AM, NMFS reduces the 2022-2023 commercial 
gillnet quota by the amount of the 2021-2022 commercial gillnet ACL 
overage to 634,222 lb (287,678 kg). If king mackerel commercial gillnet 
landings do not exceed the ACL in the 2022-2023 fishing year, then in 
the 2023-2024 fishing year, the component's commercial quota will be 
671,328 lb (304,509 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 622.388(a)(1)(iii), 
which was 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

[[Page 78876]]

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: December 19, 2022.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2022-27915 Filed 12-22-22; 8:45 am]
BILLING CODE 3510-22-P