Rule2021-13761
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
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 28, 2021
Effective
June 28, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 121 (Monday, June 28, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
<a href="/cdn-cgi/l/email-protection#3d56585151541352595253535851517d53525c5c135a524b"><span class="__cf_email__" data-cfemail="cda6a8a1a1a4e3a2a9a2a3a3a8a1a18da3a2acace3aaa2bb">[email protected]</span></a>.
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
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