Rule2023-19253
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region; Framework Amendment 12
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
September 7, 2023
Effective
October 10, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues regulations to implement a management measure described in Framework Amendment 12 under the Fishery Management Plan (FMP) for the Coastal Migratory Pelagic (CMP) Resources of the Gulf of Mexico and Atlantic Region (CMP FMP), as prepared and submitted by the Gulf of Mexico Fishery Management Council (Gulf Council). This final rule and Framework Amendment 12 modify the Gulf of Mexico (Gulf) migratory group of king mackerel (Gulf king mackerel) gillnet component commercial fishing season. The purpose of this final rule and Framework Amendment 12 is to allow the Gulf king mackerel gillnet component of the CMP fishery to fish without interruption from the season start date until NMFS determines that the gillnet quota has been met.
Full Text
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<title>Federal Register, Volume 88 Issue 172 (Thursday, September 7, 2023)</title>
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[Federal Register Volume 88, Number 172 (Thursday, September 7, 2023)]
[Rules and Regulations]
[Pages 61475-61477]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19253]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 230831-0208]
RIN 0648-BM37
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic
Region; Framework Amendment 12
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues regulations to implement a management measure
described in Framework Amendment 12 under the Fishery Management Plan
(FMP) for the Coastal Migratory Pelagic (CMP) Resources of the Gulf of
Mexico and Atlantic Region (CMP FMP), as prepared and submitted by the
Gulf of Mexico Fishery Management Council (Gulf Council). This final
rule and Framework Amendment 12 modify the Gulf of Mexico (Gulf)
migratory group of king mackerel (Gulf king mackerel) gillnet component
commercial fishing
[[Page 61476]]
season. The purpose of this final rule and Framework Amendment 12 is to
allow the Gulf king mackerel gillnet component of the CMP fishery to
fish without interruption from the season start date until NMFS
determines that the gillnet quota has been met.
DATES: This final rule is effective October 10, 2023.
ADDRESSES: Electronic copies of Framework Amendment 12, which includes
a regulatory impact review, may be obtained from the Southeast Regional
Office website at <a href="https://www.fisheries.noaa.gov/action/framework-12-modifications-commercial-gulf-king-mackerel-gillnet-fishing-season">https://www.fisheries.noaa.gov/action/framework-12-modifications-commercial-gulf-king-mackerel-gillnet-fishing-season</a>.
FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, telephone: 727-824-
5305, or email: <a href="/cdn-cgi/l/email-protection#fab19f969693d4b5be9594949f9696ba94959b9bd49d958c"><span class="__cf_email__" data-cfemail="e9a28c858580c7a6ad8687878c8585a987868888c78e869f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Gulf king mackerel is managed under the CMP
FMP prepared by the Gulf and South Atlantic Fishery Management Councils
and implemented through regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act).
On July 17, 2023, NMFS published a proposed rule for Framework
Amendment 12 and requested public comment (88 FR 45384, July 17, 2023).
The proposed rule and Framework Amendment 12 outline the rationale for
the actions contained in this final rule. A summary of the management
measures described in Framework 12 and implemented by this final rule
is provided below.
Background
Under the CMP FMP, the Gulf Council has the authority to develop
framework amendments specific to fishing for the Gulf migratory group
of king mackerel, which is found in Federal waters from Texas to the
Florida Monroe/Miami-Dade County boundary. Fishing by the Gulf king
mackerel gillnet component is allowed only in the Gulf king mackerel
southern zone as described in 50 CFR 622.369(a)(1)(iii).
The current Gulf king mackerel gillnet component fishing season
starts annually in January on the Tuesday after the Martin Luther King
Jr. Federal holiday. The first weekend after the fishing season starts
is open to gillnet fishing, but all subsequent weekends and holidays
are closed to gillnet fishing while the season remains open. The
current fishing season structure was established in a 1999 Framework
Amendment to the CMP FMP (64 FR 45457, August 20, 1999). This fishing
season structure formalized a private agreement between the small
number of gillnet participants, which was to wait until January to fish
to reduce the chance of a quota overage for the gillnet component.
After the season and first weekend opening, subsequent weekends and
holidays were closed to fishing because the gillnet component could
rapidly harvest the fish and NMFS did not have the ability to monitor
landings and process an inseason closure during weekends and holidays.
However, for the last 10 years, gillnet fishers have cooperated with
NMFS and voluntarily stopped fishing when landings are close to
reaching the gillnet component annual catch limit (ACL; component
quota). The gillnet fishers then wait for NMFS to determine if there is
remaining quota available to harvest or if the season will be closing.
Due to the low number of participants in the Gulf king mackerel gillnet
component, and their consistent cooperation with NMFS, NMFS expects
this practice to continue to be successful. This cooperation also helps
ensure that landings do not exceed the commercial gillnet component
ACL, which would result in a reduction of the component ACL in the
following fishing year (50 CFR 622.388(a)(1)(iii)).
In 2022, the Council received a request from Gulf king mackerel
commercial gillnet component fishermen to remove the weekend and
holiday seasonal closures during the fleet's open season. The request
stated that the removal of the weekend and holiday closures would allow
the gillnet component to be more efficient by allowing participants to
harvest the gillnet component quota as quickly as possible and so that
they may then return to harvesting other species. The Council agreed
that the weekend and holiday closures are no longer necessary.
Management Measure Contained in This Final Rule
For the Gulf king mackerel commercial gillnet component, this final
rule revises the fishing season. The current fishing season for the
Gulf king mackerel gillnet component starts the Tuesday after the
Martin Luther King Jr. Federal holiday. The first weekend after the
fishing season starts is open, but all subsequent weekends and holidays
are closed to fishing while the season remains open. Through this final
rule, the revised fishing season will still start the Tuesday after the
Martin Luther King Jr. Federal holiday but with all subsequent weekends
and holidays remaining open to fishing while the season remains open.
Comments and Responses
NMFS received four comments on the proposed rule for Framework
Amendment 12, including comments from individuals and a commercial
fishing organization. One comment supported the measure to modify the
Gulf king mackerel commercial gillnet component fishing season. The
rest of the comments suggested a change to management measures that are
outside the scope of Framework Amendment 12 and the proposed rule;
specifically prohibiting commercial harvest of king mackerel by
gillnet. These comments are not addressed further. No changes have been
made to this final rule as a result of public comment.
Classification
Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined that this final rule is
consistent with Framework Amendment 12, the CMP FMP, the Magnuson-
Stevens Act, and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Magnuson-Stevens Act provides the statutory basis for this
rule. No duplicative, overlapping, or conflicting Federal rules have
been identified. A description of this final rule, why it is being
implemented, and the purpose of this final rule are contained in the
SUMMARY and SUPPLEMENTARY INFORMATION sections of this final rule.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Gulf of Mexico, King mackerel.
[[Page 61477]]
Dated: August 31, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
622 as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.378, revise paragraph (a) to read as follows:
Sec. 622.378 Seasonal closures of the Gulf migratory group king
mackerel gillnet fishery.
(a) Seasonal closure of the gillnet component for Gulf migratory
group king mackerel. The gillnet component for Gulf migratory group
king mackerel in or from the southern zone is closed each fishing year
from July 1 until 6 a.m. eastern standard time on the day after the
Martin Luther King Jr. Federal holiday. During the closure, a person
aboard a vessel using or possessing a gillnet with a stretched-mesh
size of 4.75 inches (12.1 cm) or larger in the southern zone may not
fish for or possess Gulf migratory group king mackerel. (See Sec.
622.369(a)(1)(iii) for a description of the southern zone.)
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[FR Doc. 2023-19253 Filed 9-6-23; 8:45 am]
BILLING CODE 3510-22-P
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