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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 [www.gpo.gov]
[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 https://www.fisheries.noaa.gov/action/framework-12-modifications-commercial-gulf-king-mackerel-gillnet-fishing-season.

FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, telephone: 727-824-
5305, or email: [email protected].

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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