[Federal Register Volume 62, Number 198 (Tuesday, October 14, 1997)]
[Proposed Rules]
[Pages 53278-53281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27043]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 970930235-7235-01; I.D. 090397A]
RIN 0648-AJ12
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South
Atlantic; Catch Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule, request for comments.
-----------------------------------------------------------------------
SUMMARY: In accordance with the framework procedure for adjusting
management measures of the Fishery Management Plan for the Coastal
Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic
(FMP), NMFS proposes to increase the total allowable catch (TAC) for
Atlantic group Spanish mackerel and for Gulf group king mackerel,
revise the commercial trip limits off the Florida east and south coasts
for the Gulf and Atlantic groups of king mackerel, and allow the
operator and crew on for-hire vessels to take the bag limit of Gulf
group king mackerel. The intended effects of this proposed rule would
be to protect king and Spanish mackerel from overfishing and maintain
healthy stocks while still allowing catches by important commercial and
recreational fisheries.
DATES: Written comments must be received on or before October 29, 1997.
ADDRESSES: Comments on the proposed rule must be sent to the Southeast
Regional Office, NMFS, 9721 Executive Center Drive N., St. Petersburg,
FL 33702.
Requests for copies of the environmental assessment and regulatory
impact review supporting aspects of this action relating to Atlantic
migratory groups of king and Spanish mackerel should be sent to the
South Atlantic Fishery Management Council, Southpark Building, One
Southpark Circle, Suite 306, Charleston, SC 29407-4699, Phone: 803-571-
4366, Fax: 803-769-4520.
Requests for copies of the environmental assessment, regulatory
impact review, and initial regulatory flexibility analysis supporting
aspects of this action relating to Gulf group king and Spanish mackerel
should be sent to the Gulf of Mexico Fishery Management Council, 3018
U.S. Highway North, Suite 1000, Tampa, FL, 33619, Phone: 813-228-2815,
Fax: 813-225-7015.
Requests for copies of NMFS' supplementary analysis of economic
impacts on small entities for purposes of the Regulatory Flexibility
Act (RFA) should be sent to Mark Godcharles, Southeast Regional Office,
NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702.
FOR FURTHER INFORMATION CONTACT: Mark Godcharles, 813-570-5305.
SUPPLEMENTARY INFORMATION: The fisheries for coastal migratory pelagic
resources are regulated under the FMP. The FMP was prepared jointly by
the Gulf of Mexico and South Atlantic Fishery Management Councils
(Councils) and is implemented by regulations at 50 CFR part 622.
In accordance with the framework procedures of the FMP, the
Councils made recommendations to the Regional Administrator, Southeast
Region, NMFS (RA), for changes in TACs, trip limits, and bag limits in
separate regulatory amendments. For Atlantic migratory groups, the
Councils recommended increasing the commercial quota and recreational
allocation for Spanish mackerel and modifying the commercial trip
limits off Florida for king mackerel. For Gulf migratory group king
mackerel, the Councils recommended increasing the commercial quota and
recreational allocation, revising the commercial trip limit off the
Florida east coast, and restoring the bag limit applicable to operator
and crew of for-hire vessels. The recommended changes are within the
scope of the management measures that may be adjusted under the
framework procedure, as specified in 50 CFR 622.48.
TACs, Allocations, and Quotas
The South Atlantic Fishery Management Council (SA Council)
recommended increasing the annual TAC for the Atlantic migratory group
of Spanish mackerel from 7.0 million lb (3.18 million kg) to 8.0
million lb (3.63 million kg), to be effective commencing with the
fishing year that began April 1, 1997. The Gulf of Mexico Fishery
Management Council (Gulf Council) recommended increasing the annual TAC
for the Gulf migratory group of king mackerel from 7.8 million lb (3.54
million kg) to 10.6 million lb (4.81 million kg), to be effective
commencing with the fishing year that began July 1, 1997.
Consistent with the FMP's framework procedure, the recommended TACs
are within the range of the acceptable biological catch (ABC)
established by the Councils and calculated by the Mackerel Stock
Assessment Panel (MSAP). The TACs represent a biologically conservative
approach supported by the Councils' Scientific and Statistical
Committees and Mackerel Advisory Panels. The respective commercial
quotas and recreational allocations would be increased under these
proposed increased TACs. Because the increased quotas and allocations
would be higher than recent harvest levels, no early or unexpected
fishery closures or quota/allocation overruns are likely.
The Councils' recommended TACs are within ABCs that were calculated
to increase or maintain stocks at a 30-percent spawning potential ratio
(SPR) level. That SPR level represents the threshold under which stocks
are considered overfished by terms of the FMP, the level selected by
the MSAP at which stocks produce maximum sustainable yield, and the
optimum yield (OY) target level approved for Gulf mackerel groups under
Amendment 8. A 40-percent OY target level was
[[Page 53279]]
approved for the Atlantic mackerel groups.
Currently, the Gulf group king mackerel is the only mackerel group
considered overfished (SPR level estimated at 22 percent). The proposed
TAC for this group is within an ABC range that would rebuild the stock
in about 10 years to the 30-percent SPR level given the uncertainties
of long-term stock-recruitment relationships and fishing mortality.
Later this year, NMFS expects to advise the Councils, as required by
section 304(e) of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act), of fisheries that are
overfished. The Councils then must reevaluate and, as necessary, revise
or develop rebuilding programs to ensure consistency with the
requirements of section 304(e) of the Magnuson-Stevens Act.
Under the provisions of the FMP, the recreational and commercial
fisheries are allocated a fixed percentage of TAC. Under the
established percentages, the proposed revised TACs of 8.0 million lb
(3.63 million kg) for Atlantic group Spanish mackerel and 10.6 million
lb (4.81 million kg) for Gulf group king mackerel would be allocated as
follows:
------------------------------------------------------------------------
Migratory group/species m. lb m. kg
------------------------------------------------------------------------
Atlantic Group Spanish Mackerel--TAC.................... 8.0 3.63
Recreational allocation (50%)......................... 4.0 1.81
Commercial quota (50%)................................ 4.0 1.81
Gulf Group King Mackerel--TAC........................... 10.6 4.81
Recreational allocation (68%)......................... 7.21 3.27
Commercial quota (32%)................................ 3.39 1.54
------------------------------------------------------------------------
These allocations and quotas would be effective for Atlantic group
Spanish mackerel commencing with the fishing year that began April 1,
1997, and for Gulf group king mackerel commencing with the fishing year
that began July 1, 1997. Also for Gulf group king mackerel, the
increased commercial quota would result in concomitant increases in
that group's zone and subzone commercial quotas.
Atlantic Group Spanish Mackerel: Commercial Vessel Trip Limits
The commercial sector of the Atlantic group Spanish mackerel
fishery is managed under trip limits. In the southern zone (i.e., south
of a line extending directly east from the Georgia/Florida boundary),
the trip limits vary depending on the percentage of the adjusted quota
landed. The adjusted quota is the commercial quota reduced by an amount
calculated to allow continued harvest of Atlantic group Spanish
mackerel at the rate of 500 lb (227 kg) per vessel per day for the
remainder of the fishing year after the adjusted quota is reached.
Along with the increased commercial quota, the SA Council recommended
that the adjusted quota be increased from 3.25 million lb (1.47 million
kg) to 3.75 million lb (1.70 million kg).
Gulf Group King Mackerel: Commercial Vessel Trip Limits and
Recreational Bag Limits
The Gulf Council recommended revising the vessel trip limits for
the commercial sector of the Gulf group king mackerel fishery in the
Florida east coast subzone. The Council recommended establishing a 50-
fish daily trip limit to ensure full utilization of the quota while
preventing early season closure. There would be no step-down in the
trip limit when 75 percent of the quota is taken, as is currently the
case. For the 1996/97 season, the quota was taken under a 50-fish daily
trip limit that was reduced to 25 fish per day on March 1, 1997, when
75 percent of the quota was taken. However, for the 1997/98 season,
newly effective regulations (62 FR 23671; May 1, 1997) specify a daily
trip limit of 750 lb (340 kg) reducing to 500 lb (227 kg) if 75 percent
of the quota is taken by February 15. The Councils have now concluded
that a trip limit of 750 lb (340 kg) is too high and would lead to an
early closure of the fishery. Lower daily landings under the proposed
50-fish trip limit would help prevent the quota from being reached
before the season ends March 31 and should contribute to more stable
markets. The Councils also recommended changing the trip limit from
pounds of fish to number of fish to facilitate at-sea enforcement.
The Gulf Council also recommended that the operator and crew on
for-hire vessels (i.e., charter vessels and headboats) be allowed to
take the bag limit of Gulf group king mackerel. The Gulf Council
determined that the zero bag limit for operators and crews, implemented
on June 2, 1997, was no longer appropriate considering that, with the
proposed increases, the recreational allocation and TAC would not
likely be exceeded.
Atlantic Group King Mackerel: Commercial Vessel Trip Limits
The SA Council recommended revising the vessel trip limits for the
commercial sector of the Atlantic group king mackerel fishery off the
southeast coast of Florida and off Monroe County (including the Florida
Keys). The Council recommended changing the trip limits from pounds to
number of fish to facilitate at-sea enforcement and to provide a year-
round 50-fish daily trip limit for king mackerel, both Atlantic and
Gulf groups, off the east coast of Florida.
For the exclusive economic zone (EEZ) off southeast Florida between
the Volusia/Brevard and Dade/Monroe County boundaries, the Council
recommended changing the king mackerel trip limit from 500 lb (227 kg)
to 50 fish from April 1 through October 31. Off Monroe County, the
Council recommended changing the daily vessel trip limit from 1,250 lb
(567 kg) to 125 fish per day from April 1 through October 31.
The RA initially concurs that implementation of the Councils'
recommendations is necessary to protect the king and Spanish mackerel
stocks and prevent overfishing and are consistent with the FMP, the
Magnuson-Stevens Act, and other applicable law. Accordingly, the
Councils' recommended changes are published for comment.
Classification
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
The initial regulatory flexibility analysis for the rule consists
of the following three parts: An initial regulatory flexibility
analysis prepared by the Gulf Council (Gulf Council's IRFA) for Gulf
groups of king and Spanish mackerel; a regulatory impact review (RIR)
prepared by the SA Council for Atlantic groups of king and Spanish
mackerel; and NMFS' Supplementary Analysis under RFA.
The Gulf Council's IRFA describes the significant, positive,
economic impacts this proposed rule, if adopted, would have on small
entities affected by the proposed management changes for the Gulf
groups of king and Spanish mackerel. The SA Council prepared a RIR
evaluating the economic impacts on small entities affected by the
proposed management changes for Atlantic groups of king and Spanish
mackerel. Based on the Gulf Council's IRFA, the SA Council's RIR, and
its own Supplementary Analysis, NMFS has determined that this
regulatory action, if approved and implemented through final
regulations, would have significant economic impacts on a substantial
number of small entities for purposes of the RFA. A summary of the Gulf
Council's IRFA, the SA Council's RIR, and NMFS' supplementary analysis
follows.
All commercial fishing and charter/headboat businesses are
considered
[[Page 53280]]
small entities and both the SA and Gulf Councils concluded that a
substantial number of small entities (greater than 20 percent)
operating in commercial and for-hire recreational fisheries for
Atlantic and Gulf groups of king and Spanish mackerel would be affected
by the proposed changes. Specifically, the proposed increases in
Atlantic group Spanish mackerel and Gulf group king mackerel commercial
quotas and recreational allocations, and the proposed changes in trip
limits for Gulf and Atlantic groups of king mackerel would affect most
of the small businesses engaged in the fisheries. Although the exact
numbers of small businesses operating in these fisheries is unknown, as
of October 18, 1996, Federal permits allow a total of 3,819 vessels
from Atlantic (1,722 vessels) and Gulf states (2,097 vessels) to
operate in mackerel fisheries in the EEZ. For Atlantic states, 1,093
vessels possess commercial permits, 393 possess charter/headboat
permits, and 236 vessels possess both permits. For Gulf states, 1,266
vessels possess commercial permits, 613 possess charter/headboat
permits, and 218 vessels possess both permits.
The SA Council concluded, based upon the RIR, that the proposed
revisions would not have a significant economic impact on a substantial
number of small entities participating in fisheries for the Atlantic
groups of king and Spanish mackerel. The RIR analysis included
examination of the proposals to: (1) Increase TAC for Atlantic group
Spanish mackerel, and (2) change Atlantic group king mackerel trip
limits for the Florida east coast and Monroe County from pounds to
number of fish. Increases in the commercial quota and recreational
allocation for Spanish mackerel are not expected to increase the
revenues of commercial harvesters or charter vessel operators because
the current quota and allocation, which are lower than the proposed
quota and allocation, are not being caught. The change in the trip
limit for king mackerel may reduce the overall catch of the fishermen
in the Florida area because the change to trip limits based on 50 fish
instead of 500 lb (227 kg) of fish is actually a reduction in pounds
landed per trip since the average weight of a king mackerel in that
area is less than 10 lb (5 kg). Nonetheless, the resulting decrease in
revenues for those fishermen is expected to be well below 5 percent of
total revenues. Therefore, the SA Council determined that: (1) Any
impacted businesses would be small entities; (2) any change in annual
gross revenues likely would be much less than 5 percent; (3) any
increase in compliance costs would be much less than a 5-percent
increase in total costs of production; (4) capital costs of compliance
would represent a very small portion of capital; and (5) no entity
would be expected to cease business operations. For these reasons, the
SA Council's RIR analysis concluded that these proposed measures were
not significant under the RFA and an IRFA was not prepared for the
South Atlantic mackerels.
The Gulf Council examined the potential impacts of the
recommendations for Gulf group king mackerel and found that the
increase in the TAC of 36 percent would result in a comparable increase
in commercial revenues. Further, the restoration of the bag limit to
captain and crew on for-hire vessels would be expected to increase
revenues to charter vessel operators and/or crews, and that compliance
and other costs of the proposed TAC increase are not significant.
Accordingly, the Gulf Council determined that: (1) The proposed changes
would increase revenues of a large portion of the small businesses by
more than 5 percent; (2) the proposed actions would not be expected to
result in major increases in compliance costs to the industry; (3)
there would be no differential impact between large and small entities
because all firms expected to be impacted by the proposals are small
entities; (4) the industry would not be expected to incur additional
capital costs as a result of the proposed actions; and (5) the proposed
actions would not be expected to force any entities out of business.
Since it was determined that the proposed rule would have a significant
impact on a substantial number of small business entities, the Gulf
Council prepared an IRFA.
Considering all the management measures proposed by both Councils
in aggregate, NMFS anticipates that the TAC increase for Gulf group
king mackerel will more than offset the revenue decline expected for
South Atlantic group king mackerel and will result in a significant and
positive economic impact on a substantial number of small entities
participating in the commercial and for-hire recreational fisheries for
Atlantic group Spanish mackerel and Gulf group king mackerel.
Specifically, more than 20 percent of the 3,819 permitted small
entities affected will experience an increase in gross revenues of more
than 5 percent because of the large increase in revenues expected to
result from the proposal to increase the TAC for Gulf Group king
mackerel by 36 percent. Copies of these analyses are available (see
ADDRESSES).
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: October 6, 1997.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 622 is
proposed to be amended as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
1. The authority citation for part 622 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 622.39, paragraph (c)(1)(ii) is revised to read as
follows:
Sec. 622.39 Bag and possession limits.
* * * * *
(c) * * *
(1) * * *
(ii) Gulf migratory group king mackerel--2.
* * * * *
3. In Sec. 622.42, paragraphs (c)(1)(i) and (c)(2)(ii) are revised
to read as follows:
Sec. 622.42 Quotas.
* * * * *
(c) * * *
(1) * * *
(i) Gulf migratory group. The quota for the Gulf migratory group of
king mackerel is 3.39 million lb (1.54 million kg). The Gulf migratory
group is divided into eastern and western zones separated by
87 deg.31'06'' W. long., which is a line directly south from the
Alabama/Florida boundary. Quotas for the eastern and western zones are
as follows:
(A) Eastern zone--2.34 million lb (1.06 million kg), which is
further divided into quotas as follows:
(1) Florida east coast subzone--1.17 million lb (0.53 million kg).
(2) Florida west coast subzone--1.17 million lb (0.53 million kg),
which is further divided into quotas by gear types as follows:
(i) 585,000 lb (265,352 kg) for vessels fishing with hook-and-line
gear.
(ii) 585,000 lb (265,352 kg) for vessels fishing with run-around
gillnets.
(3) The Florida east coast subzone is that part of the eastern zone
north of 25 deg.20.4' N. lat., which is a line directly east from the
Dade/Monroe County, FL, boundary, and the Florida west coast subzone is
that part of the eastern zone south and west of 25 deg.20.4' N. lat.
[[Page 53281]]
(B) Western zone--1.05 million lb (0.48 million kg).
* * * * *
(2) * * *
(ii) Atlantic migratory group. The quota for the Atlantic migratory
group of Spanish mackerel is 4.00 million lb (1.81 million kg).
* * * * *
4. In Sec. 622.44, paragraphs (a)(1) (iii) and (iv), paragraph
(a)(2)(i), and the first sentence of paragraph (b)(2) are revised to
read as follows:
Sec. 622.44 Commercial trip limits.
* * * * *
(a) * * *
(1) * * *
(iii) In the area between 28 deg.47.8' N. lat. and 25 deg.20.4' N.
lat., which is a line directly east from the Dade/Monroe County, FL,
boundary, king mackerel in or from the EEZ may not be possessed on
board or landed from a vessel in a day in amounts exceeding 50 fish
from April 1 through October 31.
(iv) In the area between 25 deg.20.4' N. lat. and 25 deg.48' N.
lat., which is a line directly west from the Monroe/Collier County, FL,
boundary, king mackerel in or from the EEZ may not be possessed on
board or landed from a vessel in a day in amounts exceeding 125 fish
from April 1 through October 31.
(2) * * *
(i) Florida east coast subzone. In the Florida east coast subzone,
king mackerel in or from the EEZ may be possessed on board or landed
from a vessel for which a commercial permit for king and Spanish
mackerel has been issued, as required under Sec. 622.4(a)(2)(iv), from
November 1 each fishing year until the subzone's fishing year quota of
king mackerel has been harvested or until March 31, whichever occurs
first, in amounts not exceeding 50 fish per day.
* * * * *
(b) * * *
(2) For the purpose of paragraph (b)(1)(ii) of this section, the
adjusted quota is 3.75 million lb (1.70 million kg). * * *
* * * * *
[FR Doc. 97-27043 Filed 10-10-97; 8:45 am]
BILLING CODE 3510-22-P
