[Federal Register Volume 90, Number 53 (Thursday, March 20, 2025)]
[Rules and Regulations]
[Pages 13098-13099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-04783]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 160426363-7275-02; RTID 0648-XE727 ]
Coastal Migratory Pelagic Resources of the Gulf of Mexico and
Atlantic Region; 2024-2025 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 using run-
around gillnet gear in the southern zone of the Gulf of Mexico (Gulf)
exclusive economic zone (EEZ). NMFS has determined that the commercial
landings of king mackerel harvested by run-around gillnet gear in the
southern zone have reached the annual catch limit (ACL). 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. This closure is necessary to protect the Gulf king
mackerel resource.
DATES: The closure is effective from 12 p.m. local time on March 20,
2025, until 6 a.m. local time on January 20, 2026.
FOR FURTHER INFORMATION CONTACT: Daniel Luers, 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 approved by the Secretary of Commerce.
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.
On January 20, 2025, President Trump issued Executive Order 14172
to rename the Gulf of Mexico as the Gulf of America. However, the
Magnuson-Stevens Act contains several references to the Gulf of Mexico,
including a provision at 16 U.S.C. 1852(a)(1)(E) that establishes the
``Gulf of Mexico Fishery Management Council'' and specifies
responsibilities vis-a-vis ``fisheries in the Gulf of Mexico seaward
of'' specified States. In this action, NMFS is using terminology
consistent with wording in the Magnuson-Stevens Act.
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, 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 an illustration of the king mackerel zones,
see Figure 1 in Appendix G to part 622 at https://www.ecfr.gov/current/title-50/chapter-VI/part-622/appendix-Appendix%20G%20to%20Part%20622.
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. For the 2024-2025 fishing year, the king mackerel commercial
gillnet quota (equivalent to the commercial gillnet ACL) is 671,328
pounds (304,509 kilograms) (50 CFR 622.384(b)(1)(iii)(B)). The fishing
year for the harvest of Gulf king mackerel in the southern zone is from
July 1 through June 30 (50 CFR 622.7(b)(1)(i)).
Regulations at 50 CFR 622.388(a)(1) require NMFS to close any
component of the king mackerel commercial sector when NMFS projects
that commercial landings have reached or are projected to reach the
applicable quota by filing a notification to that effect with the
Office of the Federal Register. NMFS has determined that for the 2024-
2025 fishing year, landings have reached the commercial quota for Gulf
king mackerel harvested by 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 20, 2025. Vessel
operators 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 mackerel prior to
12 p.m. local time on March 20, 2025.
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
[[Page 13099]]
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 reasons just stated, 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: March 17, 2025.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2025-04783 Filed 3-17-25; 4:15 pm]
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