[Federal Register Volume 60, Number 222 (Friday, November 17, 1995)]
[Rules and Regulations]
[Pages 57686-57690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28348]
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DEPARTMENT OF COMMERCE
50 CFR Part 642
[Docket No. 950725189-5260-02; I.D. 062795A]
RIN 0648-XX24
Coastal Migratory Pelagic Resources of the Gulf of Mexico and
South Atlantic; Changes in Catch Limits
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS announces changes in the management measures applicable
to the Atlantic migratory groups of king and Spanish mackerel and the
Gulf
[[Page 57687]]
group of king mackerel, in accordance with the framework procedure for
adjusting management measures for the Fishery Management Plan for the
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South
Atlantic (FMP). This rule decreases the total allowable catch (TAC),
commercial allocation, and recreational bag limit for Atlantic group
king mackerel; increases the TAC and commercial allocation for Atlantic
group Spanish mackerel; and changes the commercial vessel trip limits
for Gulf group king mackerel. The intended effect is to protect king
and Spanish mackerel from overfishing and continue stock rebuilding
programs while still allowing catches by important recreational and
commercial fisheries dependent on king and Spanish mackerel.
EFFECTIVE DATE: December 18, 1995, except for Sec. 642.28(b)(2) which
is effective November 22, 1995.
FOR FURTHER INFORMATION CONTACT: Mark F. 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 642.
In accordance with the framework procedure of the FMP, the Councils
recommended, and NMFS published, a proposed rule to change certain
management measures applicable to the Atlantic migratory groups of king
and Spanish mackerel and the Gulf group of king mackerel (60 FR 39698,
August 3, 1995). That proposed rule described the FMP framework
procedures through which the Councils recommended the specific changes,
and described the need and rationale for them. Those descriptions are
not repeated here.
The final rule adopts the proposed decrease in the TAC for Atlantic
group king mackerel and the proposed increase in the TAC for Atlantic
group Spanish mackerel. Under the provisions of the FMP, the
recreational and commercial fisheries are allocated a fixed percentage
of the TAC. The TACs and their allocations for the fishing year that
commenced April 1, 1995, under the established percentages are as
follows:
------------------------------------------------------------------------
Species m. lb m. kg
------------------------------------------------------------------------
Atlantic Spanish Mackerel--TAC.......................... 9.40 4.26
---------------
Recreational allocation (50%)......................... 4.70 2.13
Commercial allocation (50%)........................... 4.70 2.13
Atlantic King Mackerel--TAC............................. 7.30 3.31
---------------
Recreational allocation (62.9%)....................... 4.60 2.09
Commercial allocation (37.1%)......................... 2.70 1.22
------------------------------------------------------------------------
Comments and Responses
Five letters were received during the comment period. One from the
South Atlantic Fishery Management Council (South Atlantic Council)
supported the actions proposed for the Atlantic groups of king and
Spanish mackerel and requested full approval and expedient
implementation. The other four--from a U.S. Congressman, a fisherman, a
commercial fishermen's organization, and a seafood association--opposed
the commercial trip limits proposed for the Atlantic group king
mackerel, contending that the proposals would negatively impact Florida
Keys fishermen and are inconsistent with National Standards 1, 2, 4, 5,
and 7 of the Magnuson Fishery Conservation and Management Act (Magnuson
Act) as discussed below.
Inadequate information in the South Atlantic Council's analyses of
impacts on the Florida Keys fishery, and the inadequate opportunity for
public comment during the Council framework process, preclude NMFS from
determining at this time, whether the proposed commercial trip limits
for Atlantic group king mackerel are consistent with the national
standards. Available information suggests that impacted fishermen were
not provided timely notice of the South Atlantic Council's intent to
take final action on the proposed trip limits through the FMP framework
process at its April 1995 meeting. Previous notices indicated that the
trip limits would be considered in Amendment 8, which is being
developed by the South Atlantic Council and the Gulf of Mexico Council
(Gulf Council). NMFS believes that if the South Atlantic Council been
aware of these deficiencies, it may not have approved the trip limits.
For these reasons, NMFS has decided not to implement the proposed trip
limits at this time.
National Standard 1 and the FMP
Comment: The commenters state that implementation of the trip
limits proposed for Atlantic group king mackerel during the 1995-96
season is unnecessary to reduce harvest and safeguard an overrun of the
reduced commercial allocation, 2.70 million lb (1.22 million kg). They
commented that the quota will not be reached anyway, and the trip
limits would reduce harvest and preclude the taking of the annual
commercial allocation and TAC and, thus, the achievement of optimum
yield (OY).
Response: Information now available from fishery reporting
specialists and the quota monitoring program indicates that the reduced
commercial quota will not be reached and the fishery will not be closed
during the 1995-96 fishing year, although that was not clear at the
time the South Atlantic Council took action. To date, effort and
harvest have not increased significantly off southeast Florida as had
been expected by the Council; nevertheless, the likelihood of an
increase in effort and harvest by presently unemployed fishermen still
exists and corrective action may be needed as early as the 1996-97
fishing year. Currently, only a few new entrants, who were displaced
from inshore fisheries that closed July 1, 1995, as a result of
Florida's net ban or from closed northeast U.S. groundfish fisheries,
have joined the fishery. Also, this year's production is paralleling
that of the previous year, which totaled about 2.02 million lb (0.92
million kg). Thus, immediate implementation of trip limits appears
unnecessary to reduce harvest off south and southeast Florida and
prevent overrun of the commercial quota and closure of the commercial
fishery before the Carolina fisheries have an opportunity to take their
traditional fall/winter catch. Although the latest available
information indicates that the approved 1995-96 commercial allocation
of 2.70 million lb (1.22 million kg) for the Atlantic group king
mackerel probably will not be reached this year that does not preclude
future implementation of trip limits as a necessary device to keep
landings within the quota and user groups within their allocations.
The FMP specifies that commercial trip limits only may be imposed
under framework action when necessary to keep user groups within their
allocations. Therefore, NMFS recommends that the Councils consider
Amendment 8 as the most expedient vehicle to submit trip limits for
review. As in a previous review of these proposed trip limits, NMFS
affirms that proposals that potentially reallocate the quota and may
affect access for certain fishery participants should be addressed
through an FMP amendment. Given the complexity and controversial
aspects of these trip limit proposals, NMFS believes they will be more
appropriately reviewed and resolved under Amendment 8. The trip limit
proposals
[[Page 57688]]
have been retained as a management option in Amendment 8, and the Gulf
Council also has recommended a 125-fish trip limit as a management
option for the Florida Keys fishery for Atlantic group king mackerel.
National Standard 2
Comment: The commenters also contend that the proposed commercial
trip limits are inconsistent with the best available scientific
information, which indicates that the stock is not overfished or in
need of more conservative management measures to reduce mortality and
prevent early closure and overharvest of the commercial allocation.
They reference the 1995 stock assessment, which reports that Atlantic
group king mackerel are not overfished. That report estimates the
spawning potential ratio at 55 percent, well over the present 30
percent overfishing level defined in the FMP and the 20 percent level
recently recommended by scientific advisers. Therefore, they argue that
the implementation of trip limits is unnecessary to curtail harvest in
the Florida Keys, inferring that the 40,000 to 50,000 lb (18,144 to
22,680 kg) of king mackerel generally taken there during the April
season insignificantly affect the status of the Atlantic group king
mackerel.
Response: For the reasons stated above in the response under
National Standard 1, NMFS is unable at this time to determine whether
the trip limits are based on the best available scientific information.
However, increased effort and harvest in the future, coupled with lower
estimates of acceptable biological catch (ABC) and a lower TAC, may
necessitate future implementation of trip limits to prevent quota
overruns and keep user groups within their allocations.
National Standard 4
Comment: The commenters believe that the proposed trip limits would
unfairly and inequitably discriminate against participants in the
Florida Keys fishery. A 50-fish trip limit would exclude many
participants, and thus reallocate their traditional share of the quota
to more northerly participants. This would inflict an unfair economic
burden on dependent businesses and communities. Fishermen would not be
able to operate in the April fishery near the Dry Tortugas, because 50
king mackerel would provide insufficient revenue to offset expenses and
generate an acceptable profit per trip. Traditionally, fishermen in the
Florida Keys take 3- to 5-day fishing trips ranging 30 to 85 nautical
miles from their home landing port. The commenters believe that a 3500-
lb (1588-kg) trip limit for Florida fishermen north of Brevard County,
who take trips of similar distance and duration to harvest the same
group of king mackerel, would be discriminatory. The 3500-lb (1588-kg)
trip limit would provide an unfair opportunity for northern
participants to harvest up to 7 times as many king mackerel per trip as
could be harvested off the Florida Keys under a 50-fish trip limit.
Response: NMFS believes that inaccuracies in the analyses
considered by the South Atlantic Council raise questions about the
rationale for the trip limits. Specifically, it is unclear how the
apparent disadvantage to Florida Keys fishermen that would result from
a 50-fish trip limit would maximize overall benefits from the fishery
as stated in the analyses. NMFS believes the proposed trip limits,
including the 3500-lb (1,588 kg) proposal, have the potential to alter
harvest geographically, redistribute catch, and reallocate quotas among
user groups. Therefore, these proposals should be reanalyzed and
reconsidered before submission for review.
National Standard 5
Comment: The commenters contend that the trip limits would not
promote efficiency in the utilization of fishery resources for Florida
Keys fishermen. The higher costs of production to harvest Atlantic
group king mackerel from more distant fishing grounds require harvests
greater than 50 fish per trip to operate efficiently and profitably.
They note that the 3500-lb (1588-kg) trip limit proposal was offered
only to fishermen operating in the Atlantic exclusive economic zone
north of Florida's Brevard County, but not to those in the Florida
Keys.
Response: In the Florida Keys fishery, a 50-fish trip limit would
appear to decrease harvest while increasing the cost of harvest and
operations. However, the impact of these localized inefficiencies on
attaining OY or maximizing benefits for the overall fishery cannot be
accurately determined based on the rationale and inaccurate analyses
provided thus far. Therefore, NMFS at this time is unable to determine
whether prosecution of the fishery under a 50-fish trip limit would
promote wise and efficient use of natural resources in the fishery.
National Standard 7
Comment: The commenters also contend that the proposed trip limits
would not minimize costs, place an undue economic and regulatory burden
on Florida Keys fishermen, and add more micromanagement measures to an
already highly regulated fishery that is not overfished or able to take
its quota or achieve optimum yield. Consequently, the trip limits are
inconsistent with a balanced management strategy and National Standard
7.
Response: See response to previous comment under National Standard
5. In addition, NMFS has advised the South Atlantic Council to
reanalyze available information and consider resubmitting the proposed
trip limits with supporting rationale specifically addressing the
balance of costs and benefits, as part of Amendment 8.
Other Concerns
Comment: Three respondents opposed the 27 percent reduction in the
TAC proposed for the Atlantic group king mackerel because of their
belief that the reduction is not supported by the best available
scientific information (i.e., 1995 Report of the Mackerel Stock
Assessment Panel), which indicates that the group is not overfished;
its spawning potential ratio is estimated well above the FMP-defined 30
percent overfishing level.
Response: The South Atlantic Council identified legitimate concerns
in proposing a TAC at the lower limit of the ABC range, 7.3-15.5
million lb (3.3-7.0 million kg), calculated by the Stock Assessment
Panel. The reduced TAC of 7.3 million lb (3.3 million kg) represents a
conservative risk-averse strategy that reflects the South Atlantic
Council's concern that next year's ABC estimate will be lower;
calculation of the 1996 ABC estimate will include a more accurate
estimate of juvenile mortality taken as bycatch in the south Atlantic
shrimp fishery. The reduced TAC reflects concern for the resource, but
still provides an ample harvest level that has been reached or exceeded
only four times in the past nine years under FMP quota management.
Accordingly, NMFS adopts the revised TAC of 7.30 million lb (3.31
million kg).
Comment: One respondent opposed the commercial trip limits proposed
for the Gulf group king mackerel in the Florida west coast sub-zone
because of a belief that they would discriminate against the more
efficient and productive fishermen, would not resolve
overcapitalization problems of too many boats chasing a very small
quota, and would remain as a lingering feature in an already complex
management system in lieu of implementing a permanent comprehensive
solution, e.g., limited entry.
[[Page 57689]]
Response: The trip limits are intended to maintain traditional
harvest in the Florida west coast commercial fishery for Gulf group
king mackerel, thereby preventing disproportionate harvest of the quota
by certain user groups that could result in a situation similar to that
which required emergency remedial action during the 1994-95 fishing
year. From February 1-21, 1995, the hook-and-line fishery in the
Florida west coast sub-zone was reopened under a 300,000-lb (136,078-
kg) emergency supplement. The fishery was reopened because northwest
Florida fishermen harvested most of the quota before king mackerel
migrated to traditional winter fishing grounds off the Florida Keys,
where historically most of the quota had been taken. Accordingly, the
final rule implements the trip limits.
Partial Approval/Deferral
Based on the most recent stock assessment and quota monitoring
information, and on comments received during the public comment period,
the 1995-96 preseason adjustments have been partially approved. At this
time, NMFS is implementing all of the proposed changes except for the
trip limits proposed for the commercial fishery for Atlantic group king
mackerel. Implementation of those trip limits is being deferred due to
inadequate and inaccurate analyses of their impacts on Florida Keys
fishermen, insufficient justification for the proposed limits, and
possible inconsistencies with the Magnuson Act and the FMP annual
framework adjustment process as discussed above. Implementation of the
proposed trip limits will be reconsidered if they are resubmitted with
adequate and accurate analyses as a part of Amendment 8.
Changes From the Proposed Rule
For the reasons set forth above, the final rule does not implement
commercial trip limits for Atlantic group king mackerel. Likewise, the
final rule does not include the proposed prohibitions in Sec. 642.27
corresponding to those trip limits. In addition, the final rule
corrects an erroneous reference in Sec. 642.7(t).
Classification
This final rule has been determined to be not significant for
purposes of E.O. 12866.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that the proposed rule, if adopted,
would not have a significant economic impact on a substantial number of
small entities. The reasons were published in the preamble to the
proposed rule (60 FR 39698, August 3, 1995). As a result, a regulatory
flexibility analysis was not prepared.
The Assistant Administrator for Fisheries, NOAA, finds that good
cause exists, under 5 U.S.C. 553(d)(3), to establish an effective date
of less than 30 days after the date of publication for the trip limits
for commercial hook-and-line vessels that harvest Gulf group king
mackerel in the Florida west coast sub-zone. To avoid early closure of
the fishery and disproportionate harvest of the quota by certain user
groups, these trip limits are effective 5 days after the date of
publication.
List of Subjects in 50 CFR Part 642
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: November 9, 1995.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 642 is amended
as follows:
PART 642--COASTAL MIGRATORY PELAGIC RESOURCES OF THE GULF OF MEXICO
AND SOUTH ATLANTIC
1. The authority citation for part 642 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 642.7, paragraphs (s), (t), and (u) are revised to read
as follows:
Sec. 642.7 Prohibitions.
* * * * *
(s) In the eastern zone, possess or land Gulf group king mackerel
in or from the EEZ in excess of an applicable trip limit, as specified
in Sec. 642.28(a), (b)(1), or (b)(2), or transfer at sea such king
mackerel, as specified in Sec. 642.28(e).
(t) In the Florida west coast sub-zone, possess or land Gulf group
king mackerel in or from the EEZ aboard a vessel that uses or has on
board a run-around gillnet on a trip when such vessel does not have on
board a commercial permit for king and Spanish mackerel with a gillnet
endorsement, as specified in Sec. 642.28(b)(1)(ii)(A).
(u) In the Florida west coast sub-zone, on board a vessel for which
a commercial permit for king and Spanish mackerel with a gillnet
endorsement has been issued, retain Gulf group king mackerel in or from
the EEZ harvested with gear other than run-around gillnet, as specified
in Sec. 642.28(b)(1)(ii)(C).
* * * * *
3. In Sec. 642.24, paragraph (a)(1)(ii)(A) is revised to read as
follows:
Sec. 642.24 Bag and possession limits.
(a) * * *
(1) * * *
(ii) * * *
(A) Northern area--five per person through December 31, 1995; three
per person thereafter.
* * * * *
Sec. 642.25 [Amended]
4. In Sec. 642.25, in paragraph (a)(2), the numbers ``3.71'' and
``1.68'' are revised to read ``2.70'' and ``1.22'', respectively, and
in paragraph (b)(2), the numbers ``4.60'' and ``2.09'' are revised to
read ``4.70'' and ``2.13'', respectively.
Sec. 642.27 [Amended]
5. In Sec. 642.27(b), the numbers ``4.35'' and ``1.97'' are revised
to read ``4.45'' and ``2.02'', respectively.
6. In Sec. 642.28, a sentence is added at the end of paragraph
(a)(2); in paragraph (c), the phrase ``the trip limit change specified
in paragraph (a) of this section'' is revised to read ``the trip limit
changes specified in paragraphs (a) and (b) (2) of this section''; and
paragraph (b)(1), and paragraph (e) introductory text, are revised
effective December 18, 1995, set forth below. Paragraph (b)(2) of
Sec. 642.28 is revised effective November 22, 1995, to read as follows:
Sec. 642.28 Additional limitations for Gulf group king mackerel in the
eastern zone.
(a) * * *
(2) * * * However, if 75 percent of the sub-zone's quota has not
been harvested by March 1, the vessel limit remains at 50 king mackerel
per day until the sub-zone's quota is filled or until March 31,
whichever occurs first.
(b) Florida west coast sub-zone. (1) Gillnet gear. (i) In the
Florida west coast sub-zone, king mackerel in or from the EEZ may be
possessed on board or landed from a vessel for which a permit with a
gillnet endorsement has been issued under Sec. 642.4, from July 1, each
fishing year, until a closure of the Florida west coast sub-zone's
commercial fishery for vessels fishing with run-around gillnets has
been effected under Sec. 642.26--in amounts not exceeding 25,000 lb
(11,340 kg) per day.
(ii) In the Florida west coast sub-zone:
(A) King mackerel in or from the EEZ may be possessed on board or
landed from a vessel that uses or has on board a run-around gillnet on
a trip only when such vessel has on board a commercial permit for king
and Spanish mackerel with a gillnet endorsement;
(B) King mackerel from the west coast sub-zone landed by a vessel
for which
[[Page 57690]]
such commercial permit with endorsement has been issued will be counted
against the run-around gillnet quota of Sec. 642.25(a)(1)(i)(B)(2);
and
(C) King mackerel in or from the EEZ harvested with gear other than
run-around gillnet may not be retained on board a vessel for which such
commercial permit with endorsement has been issued.
(2) Hook-and-line gear. In the Florida west coast sub-zone, king
mackerel in or from the EEZ may be possessed on board or landed from a
vessel permitted under Sec. 642.4(a)(1) and operating under the
commercial hook-and-line gear quota in Sec. 642.25(a)(1)(i)(B)(1):
(i) From July 1, each fishing year, until 75 percent of the sub-
zone's hook-and-line gear quota has been harvested--in amounts not
exceeding 125 king mackerel per day; and
(ii) From the date that 75 percent of the sub-zone's hook-and-line
gear quota has been harvested until a closure of the west coast sub-
zone's hook-and-line fishery has been effected under Sec. 642.26--in
amounts not exceeding 50 king mackerel per day.
* * * * *
(e) Transfer at sea. A person for whom a trip limit specified in
paragraph (a), (b)(1)(i), or (b)(2) of this section or a gear
limitation specified in paragraph (b)(1)(ii)(A) of this section applies
may not transfer at sea from one vessel to another a king mackerel:
* * * * *
[FR Doc. 95-28348 Filed 11-16-95; 8:45 am]
BILLING CODE 3510-22-W
