[Federal Register Volume 60, Number 199 (Monday, October 16, 1995)]
[Proposed Rules]
[Pages 53576-53577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25526]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 642
[Docket No. 951005246-5246-01; I.D. 072895B]
RIN 0648-AI12
Fisheries for the Gulf of Mexico and South Atlantic Migratory
Groups of King Mackerel; Control Date
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Advance notice of proposed rulemaking; consideration of a
control date.
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SUMMARY: This notice announces that the Gulf of Mexico and South
Atlantic Fishery Management Councils (Councils) are considering whether
there is a need to impose additional management measures limiting entry
into the fisheries for the Gulf of Mexico and South Atlantic migratory
groups of king mackerel in the exclusive economic zone (EEZ) in the
Gulf of Mexico and South Atlantic, and, if there is a need, what
management measures should be imposed. If it is determined that there
is a need to impose additional management measures, the Councils may
initiate a rulemaking to do so. Possible measures include the
establishment of a limited entry program to control participation or
effort in the commercial and for-hire (charter and headboat) fisheries
for Gulf group king mackerel and for the commercial fisheries for
Atlantic group king mackerel. If a limited entry program is
established, the Councils are considering October 16, 1995, as a
possible control date. Consideration of a control date is intended to
discourage new entry into the fisheries based on economic speculation
during the Councils deliberation on the issues.
DATES: Comments must be submitted by November 15, 1995.
ADDRESSES: Comments should be directed to the Gulf of Mexico Fishery
Management Council, 5401 West Kennedy Boulevard, Suite 331, Tampa, FL
33609 or the South Atlantic Fishery Management Council, Southpark
Building, One Southpark Circle, Suite 306, Charleston, SC 29407-4699.
FOR FURTHER INFORMATION CONTACT: Mark Godcharles, 813-570-5305.
SUPPLEMENTARY INFORMATION: The Fishery Management Plan for the Coastal
Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic
(FMP), developed by the Gulf of Mexico and South Atlantic Councils, is
implemented through regulations at 50 CFR part 642 under the authority
of the Magnuson Fishery Conservation and Management Act. For management
purposes, the FMP recognizes two migratory groups of king mackerel: The
Atlantic and Gulf of Mexico groups. The management area for the Gulf of
Mexico migratory group (Gulf group) extends from the United States/
Mexico border to the Florida seasonal boundaries: Flagler/Volusia
County off Florida's northeast coast from November 1 through March 31
and Collier/Monroe County off Florida's southwest coast from April 1
through October 31. The management area for the Atlantic migratory
group (Atlantic group) extends from the Florida seasonal boundaries to
the New York/Connecticut border.
To rebuild overfished stocks, the Gulf Council has recommended
implementation of restrictive total allowable catches (TACs) since 1985
to constrain harvest of Gulf group king mackerel. Recently, the South
Atlantic Council recommended lowering the TAC for the Atlantic group
for the 1995-
[[Page 53577]]
96 fishing year to a level that provides a commercial allocation (2.7
million lb (1.2 million kg)) that has been reached or exceeded in 4 of
the past 9 years under FMP quota management. Despite these
restrictions, participation in the commercial and recreational
fisheries has continued to increase. From 1988 to 1994, the total
number of vessels holding Federal commercial mackerel permits increased
102 percent, from 1,280 to 2,588. The commercial fleet has demonstrated
capacity to harvest quotas for the Gulf group quickly when king
mackerel become seasonally available.
The Gulf Council, with some success, has employed area and gear
allocations and trip limits to equitably distribute the king mackerel
catch throughout the season among an increasing number of participants.
As a result of recent quota reductions, the South Atlantic Council is
considering similar measures for the Atlantic group king mackerel.
Despite the implementation of regulations to control harvest and user
groups, unexpected shifts in effort and quota distribution and early
closures of Gulf group fisheries have required emergency actions to
avert potential negative socioeconomic impacts. In recent years, the
western zone (state and Federal waters off Texas, Louisiana,
Mississippi, and Alabama) quota has been taken in about 3 months (July
through September), and this year it was taken by September 4, 1995,
just over two months after the July 1 fishery opening. The two newly
established gear quotas for the Florida west coast sub-zone for the
Gulf group also are taken quickly. The gillnet quota (432,500 pounds)
was taken last season in less than 3 weeks in January after migrating
fish became available on south Florida's overwintering grounds. Also,
the hook-and-line quota (432,500 lb (196,179 kg)) was taken mostly off
northwest Florida early in the season as a result of an unexpected
increase in fishing effort. Subsequently, the fishery was closed
December 20, 1994, before king mackerel migrated to traditional fishing
grounds off southwest Florida. To avert socioeconomic hardships among
southwest Florida participants, the fishery was reopened by emergency
rulemaking from February 1-21 with a 300,000-lb (136,078-kg)
supplemental quota.
In 1995, the Gulf Council's industry advisory panel requested that
the Gulf Council consider a long-term solution to management problems
resulting from increased participation in the fishery. The panel
suggested development of limited access alternatives, and the Gulf
Council's Socioeconomic Panel also recommended a limited access
program. The Gulf and South Atlantic Councils previously considered
these management approaches and established a control date of July 2,
1993 (58 FR 35914, July 2, 1993) for king and Spanish mackerel in the
Gulf of Mexico and Atlantic. The July 2, 1993, control date remains in
effect for the Gulf and Atlantic groups of Spanish mackerel. Subsequent
efforts to develop limited access alternatives were delayed or
deferred.
Implementation of an effort limitation program for the EEZ would
require preparation of an FMP amendment by both Councils and
publication of a proposed implementing rule with a public comment
period. NMFS' approval of the amendment and issuance of a final rule
would also be required.
As the Councils consider management options, including limited
entry or access-controlled regimes, some fishermen who do not currently
harvest Gulf or Atlantic group king mackerel, and have never done so,
may decide to enter the fishery for the sole purpose of establishing a
record of commercial landings or for-hire recreational participation.
When management authorities begin to consider use of a limited access
management regime, this kind of speculative entry often is responsible
for a rapid increase in fishing effort in fisheries that are already
fully developed or overdeveloped. The original fishery problems, such
as overcapitalization or overfishing, may be exacerbated by the entry
of new participants.
In order to avoid this problem, if management measures to limit
participation or effort in the fishery are determined to be necessary,
the Councils are considering October 16, 1995, as the control date.
After that date, anyone entering the commercial or for-hire (charter
and headboat) fisheries for Gulf group king mackerel or the commercial
fishery for Atlantic group king mackerel may not be assured of future
participation in the respective fishery if a management regime is
developed and implemented limiting the number of fishery participants.
Consideration of a control date does not commit the Councils or
NMFS to any particular management regime or criteria for entry into the
fisheries for Gulf or Atlantic group king mackerel. Fishermen are not
guaranteed future participation in these fisheries regardless of their
entry date or intensity of participation in these fisheries before or
after the control date under consideration. The Councils may
subsequently choose a different control date or they may choose a
management regime that does not make use of such a date. The Councils
may choose to give variably weighted consideration to fishermen active
in the fisheries before and after the control date. Other qualifying
criteria, such as documentation of commercial landings and sales and
for-hire charter and headboat participation, may be applied for entry.
The Councils also may choose to take no further action to control entry
or access to the fishery, in which case the control date may be
rescinded.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 10, 1995.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 95-25526 Filed 10-13-95; 8:45 am]
BILLING CODE 3510-22-F
