[Federal Register Volume 63, Number 33 (Thursday, February 19, 1998)]
[Rules and Regulations]
[Pages 8353-8356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4093]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 970930235-8028-02; 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: Final rule.
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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 increases the total allowable catch (TAC) for Atlantic
group Spanish mackerel and Gulf group king mackerel, revises the
commercial trip limits off the Florida east coast for the Gulf and
Atlantic groups of king mackerel, and allows the operator and crew on
for-hire vessels to take the bag limit of Gulf group king mackerel. The
intended effects of this rule are to protect king and Spanish mackerel
from overfishing and to maintain healthy stocks while still allowing
catches by important commercial and recreational fisheries.
DATES: Effective February 19, 1998, except for the revision of
Sec. 622.44(a)(2)(i) which is effective February 24, 1998, and for the
addition of introductory text at Sec. 622.44(a)(1) and the revision of
Sec. 622.44(a)(1)(iii) which are effective March 23, 1998.
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 under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act)
by regulations at 50 CFR part 622.
In accordance with the framework procedures of the FMP, the
Councils recommended, and NMFS published, a proposed rule (62 FR 53278,
October 14, 1997) to: (1) For Atlantic migratory groups, increase the
commercial quota and recreational allocation for Spanish mackerel and
modify the commercial
[[Page 8354]]
trip limits off Florida for king mackerel; and (2) for Gulf migratory
group king mackerel, increase the commercial quota and recreational
allocation, revise the commercial trip limit off the Florida east
coast, and restore the bag limit applicable to the operator (captain)
and crew of for-hire vessels. That proposed rule described the FMP's
framework procedures through which the Councils recommended the changes
and explained the need and rationale for them. Those descriptions are
not repeated here.
The changes in commercial quotas and recreational allocations are
effective commencing with the 1997/98 fishing years, which began for
Gulf migratory group king mackerel on July 1, 1997, and for all other
groups of Spanish and king mackerel on April 1, 1997.
Comments and Responses
Comments were received during the public comment period from the
Florida Marine Fisheries Commission (Commission), the South Atlantic
Fishery Management Council (SA Council), and a Florida commercial
fisherman. A summary of the comments and NMFS' responses follow.
Increases in TAC
Comment: The Commission supported the TAC increases for both Gulf
group king mackerel and Atlantic group Spanish mackerel. The SA Council
reiterated its support for increasing the TAC from 7.0 to 8.0 million
lb (3.18 to 3.63 million kg) for Atlantic group Spanish mackerel. The
SA Council believes that the increase is a prudent decision that will
provide sufficient opportunity for recreational and commercial fishery
sectors to maximize the socioeconomic benefits of the resource, despite
the inability of the recreational sector to take its allocation in
recent years. The SA Council also believes that the TAC increase will
not jeopardize the continued progress of the stocks toward the
Councils' optimum yield goal of a 40-percent spawning potential ratio.
Response: NMFS concurs. As stated in the preamble to the proposed
rule, NMFS preliminarily found the Councils' proposed TACs to be
consistent with the FMP and the Magnuson-Stevens Act. Final review of
the proposed TACs and the comments received have not altered that
determination.
Bag Limit for Operator and Crew on For-Hire Vessels
Comment: The Commission supported allowing the operator and crew on
for-hire vessels to take the bag limit of Gulf group king mackerel.
With the increase in TAC, the Commission believes that a bag limit of
zero for such captains and crews is no longer necessary.
Response: NMFS concurs.
Commercial King Mackerel Trip Limits
Comment: The SA Council supported all of its trip limit
recommendations for commercial vessels harvesting Atlantic group king
mackerel off Florida's east and south coasts. It also supported the
changes in trip limits proposed for the Gulf group king mackerel in the
Florida east coast subzone.
The Commission supported all of the changes in trip limits except
the one proposed for Atlantic group king mackerel off Monroe County, FL
(including the Florida Keys). The Commission did not support changing
the trip limit in that area from 1,250 lb (567 kg) to 125 fish per day.
The Commission preferred the status quo (retention of the 1,250-lb (567
kg) trip limit) to simplify the regulations and facilitate law
enforcement in that area. The status quo would maintain a year-round
1,250-lb (567 kg) king mackerel trip limit in both state and Federal
waters off Monroe County. A 1,250-lb (567 kg) trip limit was
established there earlier this year for the hook-and-line fishery for
Gulf group king mackerel in the Florida west coast subzone that
includes Monroe County from November through March.
Response: NMFS concurs with the Commission. Accordingly, NMFS
approves the Councils' trip limit recommendations except the change
from pounds to number of fish proposed for Atlantic group king mackerel
off Monroe County. The status quo provides a year-round 1,250-lb (567
kg) king mackerel trip limit in both state and Federal waters in that
area. This is consistent with the other trip limit approvals in this
action and with the trip limits implemented by Florida on January 1,
1998, that provide a year-round 50-fish king mackerel trip limit off
southeast Florida for the Atlantic and Gulf groups in both state and
Federal waters. The approved trip limits in concert will simplify the
regulations in those areas, thus facilitating compliance and
enforceability.
Comment: A Florida commercial fisherman expressed his overall
disappointment with the current trip limit regime for the hook-and-line
fishery for Gulf group king mackerel in the Florida west coast subzone.
He also expressed concern that trip limits will continue as a permanent
fixture in the FMP.
His comments focused on the efficacy of the trip limit. He believes
that the present trip limits fail to meet their stated goals of
forestalling early closures and protecting traditional fishermen.
Alternatively, he suggested that lengthening the fishing season would
be more effectively achieved by addressing the problems of an over-
capitalized fleet having to share a restricted quota. Also, he believes
that the trip limits unfairly and disproportionately impact the highest
producers who are historically the most dependent on the resource.
In addition, he believes that the trip limits are determined in a
too arbitrary manner. He preferred that the Councils better define the
goals and parameters for setting trip limits to determine more
accurately the economic impacts on fishing vessels and businesses.
Finally, he commented that the trip limits compromise the safety of
his vessel because they provide insufficient revenue to offset the
costs of hiring a crew member. He believes that operating alone is less
safe than operating with two persons on board, particularly for vessels
that fish far from home port and make return trips under extremely
fatiguing conditions to offload daily landings.
Response: These comments all address issues beyond the scope of
this action. Trip limits for commercial vessels harvesting Gulf group
king mackerel off Florida have been a component of the FMP for almost
five years. The Councils proposed, and NMFS approved, the trip limits
currently in place for Florida's hook-and-line and run-around gillnet
fisheries. Some trip limits were initially implemented under emergency
actions (58 FR 10990, February 23, 1993, and 60 FR 7134, February 7,
1995) and others under the annual framework regulatory actions changing
catch specifications (58 FR 58509, November 2, 1993; 59 FR 53120,
October 21, 1994; and 60 FR 57686, November 17, 1995). The rationale
for implementing the trip limits is contained in those actions.
Changes From the Proposed Rule
As discussed above, conversion of the daily commercial trip limit
for Atlantic group king mackerel off Monroe County (including the
Florida Keys) from 1,250 lb (567 kg) to 125 fish was disapproved.
Accordingly, the change in the proposed rule to Sec. 622.44(a)(1)(iv)
is not included in this final rule.
Language is added at Sec. 622.44(a)(1) to clarify that the trip
limits for king mackerel from the Atlantic group apply to vessels for
which commercial permits have been issued.
[[Page 8355]]
Classification
This final rule has been determined to be not significant for
purposes of E.O. 12866.
The SA Council determined that the regulatory changes affecting
Atlantic groups of king and Spanish mackerel in the framework
regulatory action would not have a significant impact on a substantial
number of small entities, but the Gulf of Mexico Fishery Management
Council (Gulf Council) determined that regulatory changes affecting the
Gulf group of king mackerel in that action would have a significant
impact on a substantial number of small entities. Accordingly, the SA
Council did not prepare an initial regulatory flexibility analysis
(IRFA), but the Gulf Council did. NMFS considered all the changes in
aggregate and concluded that they would have a positive, significant
impact on a substantial number of the small entities in the Atlantic
and Gulf areas affected by the changes. Public comments were invited on
the framework regulatory action, the proposed rule, the IRFA, and other
supporting documents through October 29, 1997. NMFS partially approved
the framework action and developed a final regulatory flexibility
analysis (FRFA). None of the changes to the proposed rule in this final
rule were the result of comments on the IRFA. A summary of the FRFA
follows.
Actions proposed in the framework adjustment are designed to
stabilize yield at the maximum sustainable yield, maintain adequate
recruitment, provide flexible management, and optimize social and
economic benefits. During the public comment period, one commercial
fisherman commented that trip limits of any sort for Gulf group king
mackerel create economic inefficiencies and incentives for fishing
during unsafe weather conditions. This comment addresses issues beyond
the scope of this year's framework changes. NMFS disapproved the
proposed trip limit change for Atlantic group king mackerel off Monroe
County (including the Florida Keys) but that disapproval was not the
result of comment on the IRFA.
The framework adjustments will affect most of the 3,819 vessels
that have permits to harvest king and Spanish mackerel. No recent data
are available that describe the precise average or range of vessel-
operating costs or annual gross revenues. The framework changes do not
alter the compliance costs related to reporting or recordkeeping.
Significant alternatives were identified for the five proposed
changes to the framework measures. The alternative to maintain the Gulf
group king mackerel TAC at 7.8 million lb (3.54 million kg) was
rejected because it would not provide the level of benefits associated
with increasing the TAC to 10.6 million lb (4.81 million kg). The Gulf
Council also rejected the status quo alternative to maintain the daily
trip limit for Gulf group king mackerel in the Florida east coast
subzone at the current level, i.e., 750 lb (340 kg) reducing to 500 lb
(227 kg) when 75 percent of the quota is taken. The RIR/IRFA indicated
that the status quo would provide for an increase in economic benefits
relative to the proposed alternative of reducing the trip limit to 50
fish. Nevertheless, the status quo was rejected because the preferred
alternative might forestall an early closure of the commercial fishery
in the Florida east coast subzone, even though this outcome was
unlikely. Also, the preferred alternative would be consistent with the
50-fish trip limit that the SA Council proposed for Atlantic group king
mackerel for that same area for the April through October period.
Another alternative similar to the preferred alternative was rejected
because it would provide slightly less benefits than the preferred
alternative.
The Gulf Council rejected the status quo alternative that would
have continued the bag limit of zero for Gulf group king mackerel for
captains and crews of for-hire vessels. The Gulf Council determined
that continuation of the status quo was unnecessary to protect the
stocks because the increased TAC was sufficient to allow reinstatement
of the 2-fish bag limit to captains and crews without incurring an
overrun of the recreational allocation. Also, the Gulf Council
preferred the proposed alternative because it provided a greater level
of economic benefit than the status quo.
Before making the decision to increase the TAC for Atlantic group
Spanish mackerel from 7.0 to 8.0 million lb (3.18 to 3.63 million kg),
the SA Council considered and rejected several alternatives.
Alternatives for lower TACs were rejected on the basis that they would
have provided less economic benefits, whereas alternatives for higher
TACs were rejected on the basis that those higher levels would not be
reached and, thus, were unrealistic.
The SA Council also proposed changing the trip limits from pounds
to number of fish for Atlantic group king mackerel off southeast
(Brevard/Volusia to Dade/Monroe Counties) and south (Monroe County)
Florida to induce a lower level of catch and to facilitate at-sea
enforcement. The SA Council also expected Florida to change its
regulations similarly to provide compatible regulations in state
waters, thereby enhancing compliance and enforceability. NMFS did not
approve the trip limit change for off Monroe County because the
proposed trip limit of 125 fish would be inconsistent with the 1,250-lb
(567-kg) Gulf group king mackerel trip limit for that area for November
through March. For the same reason, Florida decided to reject that
change for state waters off Monroe County. Given the small portion of
Atlantic group king mackerel taken off Monroe County, NMFS considered
that the other socioeconomic benefits offered by the SA Council in
support of the proposal would be nominal.
The revisions in this final rule to the bag and possession limits
for Gulf migratory group king mackerel at Sec. 622.39(c)(1)(ii) and to
the quotas for king and Spanish mackerel at Sec. 622.42(c) relieve
restrictions and, pursuant to 5 U.S.C. 553(d)(1), are not subject to a
30-day delay in effective date. Accordingly, these measures are
effective February 19, 1998.
The reduction of the commercial trip limit for Gulf migratory group
king mackerel in the Florida east coast subzone to 50 fish per day is
designed to prevent an early closure of the fishery. The current trip
limit, 750 lb (340 kg) per day, allows a higher rate of harvest that
could result in the quota being taken and in that sector of the fishery
being closed before the Lenten season that is often the most profitable
part of the fishing season. Delay in such closure is also expected to
contribute to more stable markets by providing fresh fish over a longer
period. To obtain the intended benefit of this change during the
current fishing year, the reduction should be effective as soon as
possible. Accordingly, under 5 U.S.C. 553(d)(3), the Assistant
Administrator for Fisheries, NOAA, finds for good cause that it is
contrary to the public interest to delay for the full 30 days the
effective date of the reduction of the commercial trip limit for Gulf
migratory group king mackerel in the Florida east coast subzone.
However, to allow time for this change to be communicated to fishermen,
the effective date of this change is delayed to February 24, 1998.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
[[Page 8356]]
Dated: February 12, 1998.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 622 is 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. Effective February 19, 1998, 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. Effective February 19, 1998, 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.
(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. Effective March 23, 1998, in Sec. 622.44, paragraph (a)(1)
introductory text is added and paragraph (a)(1)(iii) is revised to read
as follows:
Sec. 622.44 Commercial trip limits.
* * * * *
(a) * * *
(1) Atlantic group. The following trip limits apply to vessels for
which commercial permits for king mackerel have been issued, as
required under Sec. 622.4(a)(2)(iii):
* * * * *
(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.
* * * * *
5. Effective February 24, 1998, in Sec. 622.44, paragraph (a)(2)(i)
is revised to read as follows:
Sec. 622.44 Commercial trip limits.
* * * * *
(a) * * *
(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 mackerel has been
issued, as required under Sec. 622.4(a)(2)(iii), 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.
* * * * *
6. Effective February 24, 1998, in Sec. 622.44, the first sentence
of paragraph (b)(2) is revised to read as follows:
Sec. 622.44 Commercial trip limits.
* * * * *
(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. 98-4093 Filed 2-18-98; 8:45 am]
BILLING CODE 3510-22-F
