[Federal Register Volume 60, Number 25 (Tuesday, February 7, 1995)]
[Rules and Regulations]
[Pages 7134-7136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2893]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 642
[Docket No. 950201032-5032-01; I.D. 011095C]
RIN 0648-AH25
Coastal Migratory Pelagic Resources of the Gulf of Mexico and
South Atlantic; Additional King Mackerel Quota
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Emergency interim rule.
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SUMMARY: NMFS publishes this emergency interim rule to add to the
commercial quota for the hook-and-line fishery in the Florida west
coast sub-zone of the Gulf migratory group of king mackerel, reopen
that fishery under the additional quota, and implement a vessel
possession limit of 125 king mackerel per trip during the period that
the fishery remains open. This rule responds to an economic and social
emergency in the commercial fishery for Gulf group king mackerel off
the southwest coast of Florida caused by the unforeseen harvest of most
of the quota by the fishery off Florida's northwest coast.
EFFECTIVE DATE: February 1, 1995 through May 8, 1995.
ADDRESSES: Copies of documents supporting this action, including an
environmental assessment, may be obtained from Mark F. Godcharles,
Southeast Regional Office, NMFS, 9721 Executive Center Drive N., St.
Petersburg, FL 33702. Copies of a minority report from the Gulf of
Mexico Fishery Management Council are also available from this address.
FOR FURTHER INFORMATION CONTACT: Mark F. Godcharles, 813-570-5305.
SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic
resources (king mackerel, Spanish mackerel, cero, cobia, little tunny,
dolphin, and, in the Gulf of Mexico only, bluefish) is managed under
the Fishery Management Plan for the Coastal Migratory Pelagic Resources
of the Gulf of Mexico and South Atlantic (FMP). The FMP was prepared by
the Gulf of Mexico and South Atlantic Fishery Management Councils
(Councils), and is implemented through regulations at 50 CFR part 642
under the authority of the Magnuson Fishery Conservation and Management
Act (Magnuson Act).
The 1994-95 fishing year quota for the commercial hook-and-line
fishery for Gulf group king mackerel in the Florida west coast sub-zone
was reached and the fishery was closed on December 20, 1994 (59 FR
66276, December 23, 1994). Landings estimates for the west coast sub-
zone show disproportionate catches between Florida's northwest and
southwest coast fisheries. Most of the 432,500-lb (196,179-kg) west
coast sub-zone quota was taken off northwest Florida before the
traditional and principal fishery in southwest Florida could take its
usual catch. The unusually high northwest Florida king mackerel
landings this fishing year represent an almost fourfold increase in
production over last year (about 400,000 lbs (181,437 kg) compared to
last year's 100,000-lb (45,359 kg) catch), and are attributable to
increased fishing effort. Fleet size of major harvesters doubled from
21 to 51 vessels since last fishing year, and uncommon fall weather
provided favorable fishing conditions in the northeastern Gulf of
Mexico through mid-December 1994. Prolonged warm fall weather also was
responsible for a delay in the timing of the usual migration of king
mackerel from the northeastern Gulf to overwintering grounds off
southwest Florida.
The significantly reduced catch caused by the unforeseen harvest of
most of the quota by the fishery off Florida's northwest coast has
created a social and economic emergency. Accordingly, the Gulf of
Mexico Fishery Management Council (Council) requested that NMFS
implement an emergency interim rule to add 300,000 lbs (136,078 kg) to
the commercial quota and reopen the commercial hook-and-line king
mackerel fishery in the Florida west coast sub-zone, which encompasses
that part of the exclusive economic zone (EEZ) from the Alabama/Florida
boundary (87 deg.31'06'' W. long.) to the Dade/Monroe County, FL,
boundary (25 deg.20.4' N. lat.). The commercial hook-and-line fishery
will remain open during the period of this emergency or until the date
NMFS determines that the revised quota of 732,500 lb (332,256 kg) has
been reached or is projected to be reached, whichever comes first.
Harvests of king mackerel from the open area are limited to 125 fish
per vessel per trip.
The Council and NMFS have concluded that the present fishery
situation constitutes a social and economic emergency that is properly
addressed by this emergency interim rule. The emergency situation: (1)
Results from recent, unforeseen events; [[Page 7135]] (2) is causing
serious economic and social problems in the fishery; and (3) justifies
an emergency interim rule that would have immediate benefits
outweighing the value of prior notice and an opportunity for public
comment and deliberative consideration provided under the normal FMP
amendment and rulemaking process. The basis for these conclusions is
summarized in the following paragraphs.
Fishermen in the hook-and-line commercial fishery for Gulf group
king mackerel fishery off the southwest coast of Florida will suffer
undue social and economic hardships unless timely action is taken to
allow additional king mackerel catches during the 1994-95 fishing year.
A substantial portion of these fishermen's annual income is earned
during the winter season (November to March) fishing for king mackerel.
Record low catches this fishing year have provided insufficient
revenues to meet usual living and business expenses.
Opportunities to offset lost income by prosecuting other fisheries
are limited and not readily available to these fishermen. Other
fisheries in which presently owned gear could be used or converted for
use are mostly overcapitalized, unavailable, or most of the seasonal
catch already has been harvested.
Events and circumstances that caused the disproportionately low
catches of king mackerel off Florida's southwest coast this winter to
date were essentially unforeseen and uncontrollable. The unprecedented
large catches of king mackerel taken off northwest Florida this fishing
year resulted significantly from an increased fishing effort in that
area (i.e., a doubling of the northwest Florida king mackerel fishing
fleet) that could not be restrained under current FMP measures and
implementing regulations. The fourfold increase in fishery production
and the taking of most of the 432,500-lb (196,179-kg) hook-and-line
west coast sub-zone quota off northwest Florida also resulted from a
prolonged fall fishing season, the absence of vessel trip/possession
limits and regional quotas, and delayed migration of king mackerel to
traditional overwintering grounds off southwest Florida.
The disproportionately large king mackerel catch this fishing year
in Florida's northwest fishery is substantially different from recent
years. During previous fishing years, both before and after the
institution of quota management under the FMP, the major portion of the
annual harvest of the Gulf group king mackerel west coast sub-zone
quota was taken off southwest Florida. This distribution of harvest,
evident since the early 1900s, has been dependent on a seasonal
abundance of king mackerel on overwintering grounds off southwest
Florida. As a result of this historic pattern, the southwest Florida
fishing industry has developed a significant seasonal dependence on
this resource.
The immediate social and economic benefits of adding to the
commercial quota for the hook-and-line fishery in the Florida west
coast sub-zone and reopening that fishery during this winter season
outweigh the value of providing opportunity for advance public review
and comment.
NMFS has concluded that this emergency action will not adversely
affect the current status of the Gulf group king mackerel stock nor its
rebuilding under the program established by the FMP. The additional
300,000-lb commercial quota for king mackerel for the Florida west
coast sub-zone does not significantly increase the level of risk of
exceeding the acceptable biological catch (ABC) for the 1994-95 fishing
year. In addition, estimates indicate that recreational catches did not
exceed, but rather were 20 percent (about 700,000 lb (317,515 kg))
below, the 1994-95 recreational allocation of 5.3 million lb (2.4
million kg). As a result, NMFS believes that the additional quota
allocation should not measurably affect the stock rebuilding program,
which requires the overfished stock to be rebuilt within about one
generation time (i.e., within 12 years or by the end of 1996-97 fishing
year).
If future changes in total allowable catch (TAC) for Gulf group
king mackerel are necessary, as may be determined based on subsequent
NMFS scientific stock assessments, the Council will make the necessary
adjustments in TAC for the appropriate fishing year to ensure
maintenance of the stock rebuilding schedule. Any future changes in TAC
will be based not only on any measurable effects of this emergency
action, but on the Council's continuing assessment of the levels of
biological risk associated with the TAC of 7.8 million lb (3.5 million
kg) implemented for the past 3 fishing years. The Council will also
consider the impact of persistent quota overruns, which have occurred
since the beginning of quota management. Finally, to avoid future
emergency situations of this nature, the Council is initiating action
that will ensure an equitable distribution of the catch between the
regional fisheries within the Florida west coast sub-zone that share
the hook-and-line commercial quota for Gulf group king mackerel.
The Gulf group king mackerel stock has been considered overfished
according to the FMP's definition of overfishing. The FMP defines
overfishing as harvesting at a rate not consistent with the stock
rebuilding schedule and its target level for stock size. The FMP also
requires the Council to develop annual ABC ranges based on a fishing
mortality rate that will achieve and maintain at least a minimum
specified spawning potential ratio (SPR) of 30 percent. Under this
management approach, the adult spawning stock biomass and the annual
ABCs for Gulf group king mackerel have continued to increase during the
last nine years of FMP quota management. In addition, a recent workshop
of stock assessment biologists concluded that the SPR of 30 percent may
be too high a threshold, and that a SPR of 20 percent is more
appropriate. Due to this new scientific finding, and to the overall
improved condition of the resource, the Council's mackerel stock
assessment panel is expected to consider a reduction in the SPR level
in 1995. Under a SPR of 20 percent, the Gulf group king mackerel
arguably should no longer be considered overfished.
One Gulf Council member submitted a minority report objecting to
the request for emergency action. A copy of this report is available
upon request (see ADDRESSES).
The Council believes that emergency action is an appropriate means
to provide expedient relief from the current social and economic
problems in the fishery. NMFS concurs. Accordingly, NMFS publishes this
emergency interim rule, effective February 1, 1995, through May 8,
1995, as authorized by section 305(c) of the Magnuson Act. By agreement
of NMFS and the Council, this emergency interim rule may be extended
for an additional period of 90 days.
Classification
The Assistant Administrator for Fisheries, NOAA, (AA) has
determined that this rule is necessary to respond to an emergency
situation and is consistent with the Magnuson Act and other applicable
law.
This emergency interim rule has been determined to be not
significant for purposes of Executive Order 12866.
The AA finds for good cause under 5 U.S.C. 553(b)(B) that the need
to relieve social and economic hardships in the Gulf of Mexico mackerel
fishery makes it impracticable and contrary to the public interest to
provide prior notice and opportunity for public comment on this rule.
Because this rule relieves a restriction, under 5 U.S.C. 553(d)(1) it
is [[Page 7136]] not subject to a 30-day delay in effective date and is
being made effective immediately.
List of Subjects in 50 CFR Part 642
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: February 1, 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, new paragraph (y) is added to read as follows:
Sec. 642.7 Prohibitions.
* * * * *
(y) In the Florida west coast subzone--
(1) Exceed the trip/possession limit for king mackerel, as
specified in Sec. 642.32(b)(1); or
(2) Transfer king mackerel at sea, as specified in
Sec. 642.32(b)(4).
3. In subpart B, new Sec. 642.32 is added to read as follows:
Sec. 642.32 Opening of the commercial king mackerel fishery for Gulf
group king mackerel.
(a) Other provisions of this part 642 notwithstanding, the
commercial fishery for king mackerel for vessels fishing under an
annual vessel permit specified in Sec. 642.4(a)(1) with hook-and-line
gear in the Florida west coast subzone is opened under a revised quota
of 732,500 lb (332,256 kg) for the 1994-95 fishing year.
(b) During the opening of the commercial fishery for Gulf group
king mackerel specified in paragraph (a) of this section--
(1) King mackerel in or from the EEZ in the Florida west coast
subzone may not be possessed aboard or landed from a vessel in a day in
quantities exceeding 125 fish. A person who fishes in the EEZ may not
combine this trip/possession limit with any trip or possession limit
applicable to state waters;
(2) The provisions of Sec. 642.24(a)(4) regarding sale of fish
after a closure do not apply to king mackerel harvested by vessels
fishing under an annual vessel permit specified in Sec. 642.4(a)(1)
with hook-and-line gear in the Florida west coast subzone.
(3) The provisions of Sec. 642.26(b) regarding fishing for,
retention of, and sale of fish after a closure do not apply to king
mackerel harvested by vessels fishing under an annual vessel permit
specified in Sec. 642.4(a)(1) with hook-and-line gear in the Florida
west coast subzone; and
(4) A person for whom the trip/possession limit specified in
paragraph (b)(1) of this section applies may not transfer at sea from
one vessel to another a king mackerel--
(i) Taken in the EEZ, regardless of where such transfer takes
place; or
(ii) In the EEZ, regardless of where such king mackerel was taken.
(c) The Assistant Administrator will close the commercial fishery
for king mackerel for vessels fishing with hook-and-line gear in the
Florida west coast subzone when he determines that the revised quota
specified in paragraph (a) of this section has been reached or is
projected to be reached. The Assistant Administrator will file a
notification of that date with the Office of the Federal Register.
(d) For the purposes of this section, the Florida west coast
subzone extends from the Alabama/Florida boundary (87 deg.31'06'' W.
long.) to the Dade/Monroe County, FL, boundary (25 deg.20.4' N. lat.).
[FR Doc. 95-2893 Filed 2-1-95; 4:58 pm]
BILLING CODE 3510-22-P
