Overview
Title
Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; 2020-2021 Closure of Commercial Run-Around Gillnet for King Mackerel
Agencies
ELI5 AI
In the ocean near the southern part of the Gulf of Mexico, there's a type of fish called king mackerel. Because too many were caught, the rulers of fish decided that the special fishing nets used for catching them can't be used until next year. This helps keep enough fish in the sea.
Summary AI
The National Marine Fisheries Service (NMFS), part of the National Oceanic and Atmospheric Administration (NOAA), has issued a temporary rule to close commercial fishing for king mackerel using run-around gillnets in the southern Gulf of Mexico. This closure, starting on January 28, 2021, and lasting until January 18, 2022, is due to the annual catch limit being reached. The closure is intended to protect the king mackerel population in the area. While the commercial use of gillnets is halted, hook-and-line fishing and recreational fishing for king mackerel in the area may continue under certain conditions.
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 the commercial annual catch limit (ACL) for king mackerel using run-around gillnet gear in the southern zone of the Gulf EEZ has been reached. Therefore, NMFS closes the southern zone to commercial king mackerel fishing using run- around gillnet gear in the Gulf EEZ on January 28, 2021. This closure is necessary to protect the Gulf king mackerel resource.
Keywords AI
Sources
AnalysisAI
The document from the Federal Register, issued by the National Marine Fisheries Service (NMFS) under the aegis of the National Oceanic and Atmospheric Administration (NOAA), announces a temporary rule to close the southern zone of the Gulf of Mexico to commercial king mackerel fishing using run-around gillnets. This closure spans from January 28, 2021, to January 18, 2022. The primary reason for this action is that the annual catch limit (ACL) for this specific method of fishing has been reached. The closure aims to safeguard the king mackerel population in the region.
General Summary
The document details an accountability measure invoked by NMFS, following the determination that commercial fishermen using run-around gillnet gear have reached the prescribed catch limit for king mackerel. The subsequent closure bans these fishermen from further harvesting in the southern Gulf of Mexico to prevent overfishing and ensure sustainability. Commercial fishers using alternative methods and recreational fishers are still permitted to catch king mackerel within set guidelines.
Significant Issues or Concerns
Several issues emerge from this temporary rule. Primarily, the policy does not elucidate the course of action if the ACL was exceeded before the closure; such a scenario could harm the king mackerel's sustainability. Furthermore, the rule does not elaborate on enforcement strategies or the penalties for non-compliance, potentially leaving gaps in the regulation's effectiveness.
There is also some ambiguity in the document, particularly concerning the specific closure timings. The decision to start the closure at 12 p.m. on January 28 and end it at 6 a.m. on January 18, 2022, without further rationale, might confuse stakeholders. Additionally, the regulatory references, such as "50 CFR 622.388(a)(1)," assume familiarity with legal codes, which might not be accessible to a lay audience. This could hinder public understanding and compliance.
Impact on the Public
Broadly, the rule's primary public impact is environmental protection. By ensuring king mackerel populations are not overfished, the NMFS contributes to maintaining biodiversity and sustaining fish stocks for future generations. However, the closure might have inadvertent effects on communities dependent on fishing activities.
Impact on Specific Stakeholders
For commercial fishers using run-around gillnets, this closure represents a significant economic setback, as they must cease operations for nearly a year. This could disproportionately affect smaller businesses and local economies reliant on this catch method. However, for fishers using hook-and-line methods, the impact is minimal, allowing them to continue operations within regulatory constraints. The rule's benefits lie in long-term resource sustainability, preserving the fish population, which can help maintain future fishing opportunities and ecological balance.
In conclusion, while the temporary closure is a decisive step towards protecting marine resources, it raises questions that need careful consideration to ensure fairness and clarity for all parties involved.
Issues
• The document does not specify what happens if the commercial annual catch limit (ACL) is exceeded before the closure date, potentially posing a risk to the king mackerel resource.
• The document lacks clarity on enforcement measures or penalties for non-compliance with the closure.
• The language specifying the closure dates and times may be confusing without a clear explanation of the reason for these specific timings (from 12 p.m. on January 28, 2021, until 6 a.m. on January 18, 2022, the day after the 2022 Martin Luther King, Jr. Federal holiday).
• The document assumes familiarity with specific CFR (Code of Federal Regulations) parts and sections that might not be easily understood by a layperson.
• The rationale for waiving prior notice and public comment is based on the urgency, but it lacks specific evidence or data showing how quickly the quota was reached, necessitating immediate closure.
• The document uses regulatory jargon (e.g., 50 CFR 622.388(a)(1)) that may be difficult for the general public to understand without additional context.