Rule2022-04394
Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; 2021-2022 Closure of Commercial Run-Around Gillnet Fishery for King Mackerel
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
March 2, 2022
Effective
March 2, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 41 (Wednesday, March 2, 2022)</title>
</head>
<body><pre>
[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04394]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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:
<a href="/cdn-cgi/l/email-protection#056e6069696c2b6a616a6b6b606969456b6a64642b626a73"><span class="__cf_email__" data-cfemail="4e252b22222760212a2120202b22220e20212f2f60292138">[email protected]</span></a>.
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
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on March 2, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.