Rule2022-27915
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
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
December 23, 2022
Effective
January 17, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 246 (Friday, December 23, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
<a href="/cdn-cgi/l/email-protection#c5aea0a9a9acebaaa1aaababa0a9a985abaaa4a4eba2aab3"><span class="__cf_email__" data-cfemail="513a343d3d387f3e353e3f3f343d3d113f3e30307f363e27">[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, 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
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