[Federal Register Volume 63, Number 42 (Wednesday, March 4, 1998)]
[Rules and Regulations]
[Pages 10561-10569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5476]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 970606131-8033-02; I.D. 041497C]
RIN 0648-AG25
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South
Atlantic; Amendment 8
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues this final rule to implement the approved measures
in Amendment 8 to the Fishery Management Plan for the Coastal Migratory
Pelagic Resources of the Gulf of Mexico and South Atlantic (FMP). These
measures revise the earned income requirement for a commercial vessel
permit for king or Spanish mackerel, establish a moratorium on the
issuance of commercial vessel permits for king mackerel, extend the
management area for cobia to include the exclusive economic zone (EEZ)
off the states of Virginia through New York, specify allowable gear in
the fisheries for coastal migratory pelagic resources, allow the
retention of up to five cut-off king mackerel in excess of an
applicable commercial trip limit, and add to the management measures
that may be established or modified by the FMP's framework procedure.
In addition, NMFS clarifies that a Federal vessel permit is not
required for the use of a sea bass pot north of Cape Hatteras, NC;
clarifies what constitutes commercial fishing for the purpose of
obtaining a commercial vessel permit; revises the definition of
``charter vessel'' to conform to a new definition of charter fishing in
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act); and makes explicit the authority of NMFS to reopen a
fishery that has been closed prematurely, i.e., prior to a quota having
been reached. The intended effects of this rule are to protect king and
Spanish mackerel from overfishing and maintain healthy stocks while
still allowing catches by important commercial and recreational
fisheries and to clarify and correct the regulations.
DATES: This rule is effective April 3, 1998, except that changes to
Sec. 622.4 are effective March 4, 1998.
ADDRESSES: Copies of the final regulatory flexibility analysis (FRFA)
may be obtained from the Southeast Regional Office, NMFS, 9721
Executive Center Drive N., St. Petersburg, FL 33702.
Comments regarding the collection-of-information requirements
contained in this rule should be sent to Edward E. Burgess, Southeast
Regional Office, NMFS, 9721 Executive Center Drive N., St. Petersburg,
FL 33702, and to the Office of Information and Regulatory Affairs,
Office of Management and Budget (OMB), Washington, DC 20503 (Attention:
NOAA Desk Officer).
FOR FURTHER INFORMATION CONTACT: Mark Godcharles, 813-570-5305.
SUPPLEMENTARY INFORMATION: The fisheries for coastal migratory pelagic
resources are managed under the FMP. The FMP was prepared jointly by
the Gulf of Mexico Fishery Management Council and the South Atlantic
Fishery Management Council (Councils) and is implemented under the
authority of the Magnuson-Stevens Act by regulations at 50 CFR part
622.
On June 23, 1997, NMFS published a proposed rule to implement the
measures in Amendment 8 and additional measures proposed by NMFS (62 FR
33800). The background and rationale for those measures are contained
in the preamble to the proposed rule and are not repeated here. On July
23, 1997, NMFS partially approved Amendment 8. Two measures were not
approved, namely, the removal of the current prohibition on the use of
a drift gillnet in a directed fishery for coastal migratory pelagic
fish north of Cape Lookout, NC, and revisions of the FMP's definitions
of overfishing and overfished.
Drift Gillnets in Directed Fisheries North of Cape Lookout
NMFS disapproved the proposal to authorize the use of drift
gillnets in directed fisheries for coastal migratory pelagic species
north of Cape Lookout, NC, because Amendment 8 does not contain any
rationale for such use. Specifically, Amendment 8 describes neither
impacts on existing harvesters under the current prohibition on the use
of this gear nor any benefits that would result from approving its use.
Under section 303(a)(1) of the Magnuson-Stevens Act, an FMP must
contain, among other things, the conservation and management measures
that are necessary and appropriate for the conservation and management
of the fishery. In addition, E.O. 12866 specifies that NMFS should
promulgate only such regulations that are required by law, necessary to
interpret the law, or are made necessary by compelling public need and
must base its decisions regarding appropriate regulations on the best
reasonably obtainable information concerning the need for, and
consequences of, the intended regulations. Finally, the Administrative
Procedure Act requires NMFS to incorporate in a final rulemaking a
concise statement of its basis and purpose. Lacking information on the
need for and consequences of the proposal to authorize the use of drift
gillnets in directed fisheries for coastal migratory pelagic species
north of Cape Lookout, NC, NMFS disapproved this measure.
Definitions of Overfishing and Overfished
NMFS disapproved the revised FMP definitions of overfishing/
overfished for all coastal migratory pelagic species because they were
found to be inconsistent with the Magnuson-Stevens Act definitions of
overfishing and overfished, and with national standards 1 and 2.
Specifically, reducing the overfished threshold from 30 percent to the
20 percent level of the spawning potential ratio (SPR) would allow the
Councils to recommend a higher level of fishing mortality, which could
jeopardize the capacity of the fisheries to produce maximum sustainable
yield (MSY) on a continuing basis. Retention of the overfished
threshold at the 30 percent SPR level, in combination with the
Magnuson-Stevens Act mandate to rebuild an overfished stock within a
definite time period if it falls below that threshold, will provide a
more risk-averse management strategy for attaining MSY on a continuing
basis than would be the case with the 20-
[[Page 10562]]
percent SPR overfished threshold. Currently, the Mackerel Stock
Assessment Panel's best estimate of MSY is 30 percent SPR, the FMP
defines long-term optimum yield (OY) as MSY, and stock assessment
scientists advise that the best estimate of OY for mackerels ranges
between 30-percent and 40-percent SPR. With disapproval of the proposed
overfishing/overfished definitions, Gulf group king mackerel is still
considered to be overfished; therefore, the rebuilding requirements of
section 304(e) of the Magnuson-Stevens Act still apply to this stock.
Unauthorized Gear and Directed Fishery
As used in this rule, unauthorized gear is any gear not
specifically authorized in a directed fishery for a species, migratory
group, and/or geographical area. ``Directed fishery'' is not defined.
Nevertheless, the specification of authorized gear in a ``directed
fishery'' is included in this rule as a statement of the Councils'
intent. Conformance with that intent will be accomplished by
enforcement of the limitations on possession of species, by migratory
group and/or geographical area, when specific unauthorized gear is on
board a vessel. For example, as specified at Sec. 622.41(c)(2)(i), a
vessel with a long gillnet on board in the Gulf, Mid-Atlantic, or South
Atlantic EEZ may not have on board any coastal migratory pelagic fish.
Specific possession limitations at Sec. 622.41(c)(2)(ii) and (iii)
apply to vessels with other unauthorized gear on board in specified
areas and/or for species of migratory pelagic fish.
Comments and Responses
Ninety-nine individuals and two government agencies provided
written comments on Amendment 8 and the proposed rule. Comments in
opposition focused on the moratorium for issuing new commercial permits
for king mackerel, the exclusion of gillnets as an authorized gear for
Atlantic group king mackerel south of Cape Lookout, NC, the restriction
of the incidental catch by unauthorized gear to the bag limit, the
revision of the earned income qualifications to obtain vessel permits
for commercial king and Spanish mackerel fishing, and the exclusion of
spearfishing gear as authorized gear in the directed fishery for cobia.
About 75 percent of the responses expressed support for Amendment
8. Seventy-three individuals submitted comments, mainly on form
letters, that supported the exclusion of gillnets as an authorized gear
for directed fishing for Atlantic group king mackerel off the Florida
east coast. Implementation of that measure, they believe, would
eliminate illegal drift gillnet fishing for king mackerel occurring in
that area. Six commenters, including the Florida Marine Fisheries
Commission and the U.S. Fish and Wildlife Service, supported all
proposals in Amendment 8. Two commenters each supported the revised
earned income requirements to obtain commercial mackerel permits and
the allowance for five cut-off (damaged) king mackerel above
established commercial trip limits. Single responses were received from
individuals supporting provisions to transfer king mackerel permits
during the moratorium, to restrict the incidental catch of Atlantic
group king mackerel by unauthorized gear to the bag limit, and to allow
possession above the commercial trip limits of five cut-off (damaged)
king mackerel. Specific comments and NMFS responses are discussed
below.
Revised Earned Income Requirements
Comment: Three individuals opposed revising the earned income
requirement for a commercial king or Spanish mackerel permit because
they would be unable to qualify for a permit if the revisions were
approved.
Response: NMFS finds that increasing the earned income requirement
from 10 to 25 percent of earned income, or at least $10,000, derived
from sale of fish or from charter fishing is necessary to differentiate
clearly between fishermen subject to the bag limits and those subject
to the commercial quotas. Such clarification is necessary to limit
harvest of commercial mackerel quotas to fishermen who are primarily
dependent on commercial or charter fishing for their livelihoods. Under
the revised earned income or gross sales requirement, some fishermen
who currently qualify for permits based on sales of small amounts of
fish will be unable to qualify for a commercial permit and will be
restricted to the bag limits.
A recent analysis of commercial mackerel permit files by NMFS
indicates that approximately 57 vessel owners, or about 2 percent of
the commercial mackerel permit holders, do not currently meet the
revised earned income requirement. However, if a fisherman in the
future meets the revised earned income requirement, he or she may apply
for and obtain a commercial Spanish mackerel permit and may obtain a
commercial king mackerel permit if the moratorium criteria are met.
Comment: One person commented that the income requirement should be
50 percent of earned income.
Response: The Councils rejected, as too restrictive, an alternative
that would have required at least 50 percent of earned income, or
$20,000, be derived from sale of fish or from charter fishing in 1 of
the 3 calendar years preceding the application to qualify for a
commercial vessel permit for king or Spanish mackerel. Some long-time
commercial fishermen, faced with increasingly restrictive state and
Federal fishing regulations, would have been ineligible under that
alternative.
Comment: One individual commented that an exception to the income
requirements should be available to fishermen over age 62 or to
retirees.
Response: In Amendment 8, the Councils considered an alternative
that would have grandfathered into the fishery fishermen age 62 or
older who had held a mackerel permit for longer than 10 years. However,
that option also had a minimum threshold income from the sale of fish
of $5,000. The Councils rejected this alternative because some part-
time and recreational fishermen would still be able to meet the minimum
threshold income level and, thus, the desired reduction in the number
of current permit holders would not have been realized. Under the
current regulations, no qualifying income exceptions exist for
fishermen over age 62 or for retirees. Such actions may be considered
in future amendments.
Moratorium on Commercial Permits for King Mackerel
Comment: Eighteen commenters opposed the use of the control date,
i.e., October 16, 1995, to determine eligibility for retaining a permit
to commercially fish for king mackerel under the quotas. Most stated
that current permit holders should continue to maintain their king
mackerel permit even if it was initially issued after the control date.
Some opposed the provision that will allow individuals to renew expired
permits while those currently holding permits that were issued after
October 16, 1995, will be denied renewal opportunities. Several stated
that they did not apply for a permit prior to the control date because
they fished only in Florida's waters and were unaware of the state
regulations specifying requirements for vessel owners to hold a Federal
mackerel permit.
Response: NMFS approved the permit moratorium as a necessary
measure to stabilize participation in the king
[[Page 10563]]
mackerel fishery, to prevent speculative entry and further increases in
effort on stocks that currently are undergoing rebuilding, and to
possibly reduce the number of permitted vessels, while the Councils
consider a limited access program. Further increases in participation
would be expected if fishermen displaced from inshore commercial
fisheries by state restrictions were not prevented from entering
offshore king mackerel fisheries in the EEZ. Currently, Gulf group king
mackerel quotas are taken quickly in areas where there are no trip
limits, and Gulf and Atlantic group king mackerel quotas are taken by
the end of the season in areas where harvests are controlled by trip
limits. Any increase in the number of harvesters would hasten closures
and negatively impact traditional participants. Those losing king
mackerel permits under this measure may still participate in king
mackerel fisheries up to 14 months after the final rule is published.
They may also acquire a king mackerel permit through the transfer
provisions, and most of them will likely retain their commercial
permits to fish under the commercial Spanish mackerel quotas.
Permits to harvest king mackerel commercially in the EEZ have been
required for the Gulf group king mackerel since the implementation of
Amendment 1 in 1985 (50 FR 34840, August 28, 1985) and for the Atlantic
group since the implementation of seasonal framework adjustments in
1986 (51 FR 9659, March 20, 1986). To possess more than the king
mackerel bag limit in state waters, Florida has required a vessel to
hold a Federal mackerel permit since December 1985 for the Gulf
migratory group and since March 1987 for the Atlantic migratory group.
Authorized Gear and Incidental Catch Allowance for Unauthorized Gear
King Mackerel, Atlantic Migratory Group
Comment: Four Florida gillnetters opposed prohibiting directed
gillnet fishing for Atlantic group king mackerel and restricting
possession of that group to the bag limit aboard a vessel using a
gillnet, particularly a shark drift gillnet off the Florida east coast.
They stated that, as mackerel permit holders and current fishery
participants, they are entitled to the commercial trip limit for
Atlantic group king mackerel, even if using a gillnet.
Response: NMFS found the approved measures for authorized gear and
incidental catch allowance for unauthorized gear to be consistent with
the Magnuson-Stevens Act and other applicable laws. The approved
authorized gear measures and incidental catch allowances for gillnets
should clarify the Council's intent and enhance enforceability of the
current regulations, end harvest of coastal migratory pelagic species
with illegal driftnet gear, and prevent gear conflicts. Nonetheless,
under the newly implemented and existing regulations, no commercial
mackerel permit holders will be excluded from harvesting king or
Spanish mackerel under the daily trip limits as long as they use
authorized gear.
Fisheries information indicates that directed fishing for Atlantic
group king mackerel with drift gillnets has continued in the EEZ off
the Florida east coast after the gear was prohibited in that fishery
and in the fisheries for all coastal migratory pelagic species on April
13, 1990 (55 FR 14834, April 19, 1990). That regulatory action also
prohibited possession of coastal migratory pelagic species on vessels
with a drift gillnet on board or a gillnet with a float line longer
than 1,000 yd (914 m) that has fished in the Gulf, Mid-Atlantic, or
South Atlantic EEZ. Those prohibitions, previously contained in the
regulations at 50 CFR 622.31(d), remain in force and unaltered by this
action. To simplify references to a gillnet with a float line length
greater than 1,000 yd (914 m), the term is now defined in the
regulations as ``long gillnet.''
Cobia
Comment: One commenter expressed concern that cobia could not be
taken in a directed fishery by spearfishing gear, including powerheads,
unless that gear was added to the authorized gears for cobia.
Response: Fishermen may continue to use spearfishing gear,
including powerheads, in the EEZ to harvest cobia under the provisions
for incidental take, i.e., the 2-fish per day possession limit, except
in the special management zones in the South Atlantic where
spearfishing or use of a powerhead is not allowed. The 2-fish per day
harvest/possession limit applies to both commercial and recreational
fishermen and does not represent a change from current regulations.
Miscellaneous
Comment 7: One fisherman commented that the use of live bait and
chum to capture king mackerel should be prohibited to save stocks.
Response: Restrictions on the type and use of bait were not
considered in Amendment 8 but may be considered in future amendments.
Comment 8: One commenter expressed support for the authorized gear
proposals, provided that nets be unauthorized gear for king mackerel,
Spanish mackerel, cero, and bluefish, and that nets and longlines be
unauthorized gear for cobia, dolphin, and little tunny.
Response: Approved authorized gear measures in Amendment 8 will
allow the continued use of nets and surface longlines in some coastal
pelagic fisheries. The Councils proposed the gear changes to clarify
their intent, to prevent gear conflicts, and to enhance enforceability
by specifying possession limits for incidental catch when gear not
authorized in directed fishing is on board. The approved measures
evidence the Councils' intent to allow continued use of traditional
gear. NMFS found the measures to be consistent with the Magnuson-
Stevens Act, other applicable law, and the FMP, and approved them.
NMFS also approved a number of Amendment 8's revisions to the
annual FMP framework procedures for adjusting management measures. One
authorizes the adjustment of gear limitations that range from
restrictions to complete prohibition. The Councils may use this
modified framework procedure in the future to revise authorized gears
for coastal migratory pelagic species.
Changes from the Proposed Rule
To clarify that the definition of a long gillnet includes all
gillnets, either attached or unattached to the bottom, that have float
lines that are more than 1,000 yd (914 m) in length, this final rule
revises the current definition of drift gillnet by excluding a long
gillnet. Such exclusion is consistent with the proposed and final
rule's definitions of run-around gillnet and stab net.
As discussed above, this final rule does not allow the use of a
drift gillnet north of Cape Lookout, NC, in a directed fishery for
coastal migratory pelagic fish. Appropriate changes from the proposed
rule are made at Sec. 622.41(c)(1)(i)(A), (c)(1)(iii), and (c)(1)(vi).
The proposed rule inadvertently did not include the current
prohibition on the use of a drift gillnet in the Gulf EEZ in a directed
fishery for bluefish, cero, dolphin, and little tunny. Amendment 8 does
not change this prohibition. Appropriate changes from the proposed rule
are made at Sec. 622.41(c)(1)(vii) and (c)(2)(ii).
In Sec. 622.41(c)(2)(iii) and (iv), the language is changed to
clarify that bag limits apply to persons aboard vessels,
[[Page 10564]]
rather than to vessels. In addition, Sec. 622.41(c)(2)(iv), the
exception for the possession of king mackerel in excess of the bag
limits, is restructured for ease of understanding and revised to
clarify that (1) the exception applies to king mackerel in the Gulf EEZ
and to king mackerel taken in the Gulf EEZ and possessed in the Gulf--
it does not apply to king mackerel taken in the Gulf and possessed in
the South Atlantic EEZ, and (2) the possession of king mackerel remains
subject to the king mackerel closures and trip limits.
This final rule does not include the revisions to Sec. 622.34 that
were in the proposed rule. Those revisions, which remove references to
figures that are not contained in the regulations in part 622, have
been made by another rulemaking.
Classification
The Regional Administrator, Southeast Region, NMFS, with
concurrence by the Assistant Administrator for Fisheries, NOAA,
determined that the approved measures of Amendment 8 are necessary for
the conservation and management of the fishery for coastal migratory
pelagic resources of the Gulf of Mexico and South Atlantic, and that,
with the exception of those measures that were disapproved, Amendment 8
is consistent with the Magnuson-Stevens Act and other applicable law.
This final rule has been determined to be not significant for
purposes of E.O. 12866.
The Councils prepared an initial regulatory flexibility analysis
(IRFA) that described the impact the proposed rule, if adopted, would
have on small entities. Based on the IRFA, NMFS concluded that
Amendment 8, if approved and implemented through final regulations,
would have significant economic impacts on a substantial number of
small entities. NMFS considered the comments received on Amendment 8
and the proposed rule that relate to the IRFA, and the effects of
disapproval of two measures in Amendment 8, discussed above, and
prepared an FRFA. Based on the FRFA, NMFS concludes that the economic
impacts on small entities previously identified in the IRFA remain
unchanged.
The few commenters who directly addressed the conclusions of the
IRFA did not disagree with the findings but stressed that they would be
unfairly treated by portions of the rule. In particular, they opposed
the use of the October 16, 1995, control date and the increased income
requirement for obtaining commercial vessel permits because they would
be excluded from the commercial fishery by those measures. (See
Comments and Responses, above.) These effects were identified in the
IRFA as bases for the conclusion of significant economic impacts on a
substantial number of small entities. Because no public comments were
received that disagreed with the analysis or conclusions of the IRFA
and no additional information was received that would change the
analysis or conclusions of the IRFA regarding the impacts on small
entities, the FRFA is based on the IRFA without substantive change.
Copies of the FRFA are available (see ADDRESSES). A summary of the FRFA
follows.
The approved management measures contained in Amendment 8 are
necessary to assist in stock recovery, address gear problems, provide a
more flexible and responsive regulatory system, address increasing
numbers of participants in the fishery, and better utilize information
on stock identification of migratory groups of king mackerel when the
information becomes available.
Amendment 8 will affect most of the approximately 3,906 vessels
from Atlantic and Gulf states (1,714 and 2,192 vessels, respectively)
that have permits to operate in the commercial and/or charter mackerel
fisheries in the EEZ. No data are available that describe the precise
average or range of vessel operating costs or annual gross revenues.
However, all are considered to be small entities as defined by the
Small Business Administration. Regarding changed or increased
compliance costs related to reporting and recordkeeping, the proposed
moratorium on commercial permits will allow transfer of permits with
the vessel and these transfers will be subject to a fee of $40 to cover
administrative costs. Further, increased costs may result from the need
to obtain a special permit for conducting exempted fishing and to
submit special reports pursuant to regulations contained in 50 CFR
600.745(b) and from the need to convene a special assessment group,
however, these costs have not been quantitatively estimated. The
requirement for special buoys on certain gillnet gear will create a
small level of compliance costs. The requirements that limit the types
of commercial gear in the fishery to the specified gear types will have
a compliance cost to the extent that some fishermen currently may be
using non-conforming gear. Also, a small additional burden will be
associated with providing fishery information for obtaining a new
permit.
Significant alternatives were identified for most of the actions
proposed in Amendment 8. Maintaining the status quo in certain
allowable gear would have resulted in no associated compliance cost
increases. However, the status quo was rejected on the basis that the
alternatives would provide more effective law enforcement. To counter
potential negative effects of reducing innovation in gear types, a
procedure is available to allow the use of approved experimental gear
under special permit and reporting requirements. Alternatives were
proposed for the increased income requirements to obtain a permit. The
status quo would have less of an effect on small entities than the
approved measure. The number of owners whose vessels would no longer be
qualified for commercial mackerel permits is estimated at 57. This
level of impact was deemed to be acceptable because it is perceived
that most of the people potentially impacted are not dependent on the
commercial mackerel fishery for their livelihood. The more restrictive
alternatives were rejected because they would have demanded a larger
dependence on fishing as a source of income and would have eliminated
an unacceptably large number of historical commercial fishermen.
Notwithstanding any other provision of law, no person is required
to respond to, nor shall a person be subject to a penalty for failure
to comply with, a collection of information subject to the requirements
of the Paperwork Reduction Act (PRA) unless that collection of
information displays a currently valid OMB Control Number.
This rule contains a new collection-of-information requirement
subject to the PRA--namely, the requirement that the float line of a
gillnet used or possessed in the EEZ off Florida north of 25 deg.20.4'
N. lat. be marked with distinctive floats bearing the official number
of the vessel using or possessing the floats. This collection of
information has been approved by OMB under OMB Control Number 0648-
0305. The public reporting burden for this new collection of
information is estimated at 20 minutes per float. This rule involves
the collection of information on applications for commercial vessel
permits. That collection is currently approved under OMB Control No.
0648-0205 and its public reporting burden is estimated at 20 minutes
per response. This rule also involves the collection of information on
fishing records of vessels permitted in the commercial king or Spanish
mackerel fisheries. That collection is currently approved under OMB
Control No. 0648-0016 and its public reporting burden is estimated at
10 minutes per response. Finally, this
[[Page 10565]]
rule restates without significant change the collection of information
for the marking of traps, pots, and associated buoys in the Caribbean,
Gulf of Mexico, and South Atlantic EEZ. That collection is currently
approved under OMB Control No. 0648-0305 and its public reporting
burden is estimated at 7 minutes per trap, pot, or buoy. Send comments
regarding these burden estimates or any other aspect of the data
requirements, including suggestions for reducing the burden, to NMFS
and to OMB (see ADDRESSES).
As explained in the preamble to the proposed rule, the revised
earned income requirement for a king or Spanish mackerel permit and the
moratorium on commercial permits for king mackerel will be fully
implemented on May 1, 1999. After that date, only those king or Spanish
mackerel vessel permits that were issued under the revised earned
income requirement and only those king mackerel permits that were
issued under the moratorium criteria will be valid. This delayed
implementation was specified so that the new criteria could be applied
as existing annual permits expired, rather than requiring special
applications, and so that currently valid permits would remain
effective at least through the dates specified on the permits. As
explained in the preamble to the proposed rule, a permit that is
renewed after the date of publication of this final rule will be valid
for the normal period, generally 1 year, if the revised criteria are
met, and will be valid until the implementation date if the revised
criteria are not met. The Assistant Administrator for Fisheries, NOAA,
finds that the need to comply with this implementation schedule
constitutes good cause under 5 U.S.C. 553(d) to waive the normal 30-day
delay in effectiveness of the revisions to Sec. 622.4(a)(2)(iii) and
(iv) and (q). To not waive the 30-day delay would be contrary to the
public interest. The revisions in this final rule to other paragraphs
of Sec. 622.4 are nonsubstantive clarifications for which delayed
effectiveness is not required by 5 U.S.C. 553(d). Accordingly, all of
the revisions to Sec. 622.4 are effective March 4, 1998.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: February 25, 1998.
David L. Evans,
Deputy 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. In Sec. 622.1, footnote 2 to Table 1 is revised to read as
follows:
Sec. 622.1 Purpose and scope.
* * * * *
Table 1.--FMPs Implemented Under Part 622
* * * * * * *
2 Only king and Spanish mackerel and cobia are managed
under the FMP in the Mid-Atlantic.
* * * * * * *
3. In Sec. 622.2, in the definition of ``Dealer'', the reference
``Sec. 600.15'' is revised to read ``Sec. 600.10''; definitions of
``Automatic reel'', ``Bandit gear'', ``Handline'', ``Hook-and-line
gear'', ``Long gillnet'', ``Longline'', ``Rod and reel'', ``Stab net'',
and ``Trammel net'' are added in alphabetical order; and the
definitions of ``Charter vessel'', ``Drift gillnet'', and ``Run-around
gillnet'' are revised to read as follows:
Sec. 622.2 Definitions.
* * * * *
Automatic reel means a reel that remains attached to a vessel when
in use from which a line and attached hook(s) are deployed. The line is
payed out from and retrieved on the reel electrically or hydraulically.
Bandit gear means a rod and reel that remain attached to a vessel
when in use from which a line and attached hook(s) are deployed. The
line is payed out from and retrieved on the reel manually,
electrically, or hydraulically.
* * * * *
Charter vessel means a vessel less than 100 gross tons (90.8 mt)
that meets the requirements of the USCG to carry six or fewer
passengers for hire and that engages in charter fishing at any time
during the calendar year. A charter vessel with a commercial permit, as
required under Sec. 622.4(a)(2), is considered to be operating as a
charter vessel when it carries a passenger who pays a fee or when there
are more than three persons aboard, including operator and crew.
* * * * *
Drift gillnet, for the purposes of this part, means a gillnet,
other than a long gillnet or a run-around gillnet, that is unattached
to the ocean bottom, regardless of whether attached to a vessel.
* * * * *
Handline means a line with attached hook(s) that is tended directly
by hand.
* * * * *
Hook-and-line gear means automatic reel, bandit gear, buoy gear,
handline, longline, and rod and reel.
* * * * *
Long gillnet means a gillnet that has a float line that is more
than 1,000 yd (914 m) in length.
Longline means a line that is deployed horizontally to which
gangions and hooks are attached. A longline may be a bottom longline,
i.e., designed for use on the bottom, or a pelagic longline, i.e.,
designed for use off the bottom. The longline hauler may be manually,
electrically, or hydraulically operated.
* * * * *
Rod and reel means a rod and reel unit that is not attached to a
vessel, or, if attached, is readily removable, from which a line and
attached hook(s) are deployed. The line is payed out from and retrieved
on the reel manually, electrically, or hydraulically.
Run-around gillnet means a gillnet, other than a long gillnet,
that, when used, encloses an area of water.
* * * * *
Stab net means a gillnet, other than a long gillnet, or trammel net
whose weight line sinks to the bottom and submerges the float line.
* * * * *
Trammel net means two or more panels of netting, suspended
vertically in the water by a common float line and a common weight
line, with one panel having a larger mesh size than the other(s), to
entrap fish in a pocket of netting.
* * * * *
4. Effective March 4, 1998, in Sec. 622.4, in paragraph (d), the
reference ``Sec. 622.6(b)(1)(i)'' is revised to read
``Sec. 622.6(b)(1)(i)(B)''; paragraphs (a)(2)(iv) through (vi) and (g)
are revised; and paragraphs (a)(2)(iii) and (q) are added to read as
follows:
Sec. 622.4 Permits and fees.
(a) * * *
(2) * * *
(iii) King mackerel. For a person aboard a vessel to be eligible
for exemption from the bag limits and to fish under a quota for king
mackerel in or from the Gulf, Mid-Atlantic, or South Atlantic EEZ, a
commercial vessel
[[Page 10566]]
permit for king mackerel must have been issued to the vessel and must
be on board. To obtain or renew a commercial vessel permit for king
mackerel valid through April 30, 1999, at least 10 percent of the
applicant's earned income must have been derived from commercial
fishing (i.e., harvest and first sale of fish) during one of the 3
calendar years preceding the application. To obtain or renew a
commercial vessel permit for king mackerel valid after April 30, 1999,
at least 25 percent of the applicant's earned income, or at least
$10,000, must have been derived from commercial fishing (i.e., harvest
and first sale of fish) or from charter fishing during one of the 3
calendar years preceding the application. See paragraph (q) of this
section regarding a moratorium on commercial vessel permits for king
mackerel, initial permits under the moratorium, transfers of permits
during the moratorium, and limited exceptions to the earned income or
gross sales requirement for a permit.
(iv) Spanish mackerel. For a person aboard a vessel to be eligible
for exemption from the bag limits and to fish under a quota for Spanish
mackerel in or from the Gulf, Mid-Atlantic, or South Atlantic EEZ, a
commercial vessel permit for Spanish mackerel must have been issued to
the vessel and must be on board. To obtain or renew a commercial vessel
permit for Spanish mackerel valid through April 30, 1999, at least 10
percent of the applicant's earned income must have been derived from
commercial fishing (i.e., harvest and first sale of fish) during one of
the 3 calendar years preceding the application. To obtain or renew a
commercial vessel permit for Spanish mackerel valid after April 30,
1999, at least 25 percent of the applicant's earned income, or at least
$10,000, must have been derived from commercial fishing (i.e., harvest
and first sale of fish) or from charter fishing during one of the 3
calendar years preceding the application.
(v) Gulf reef fish. For a person aboard a vessel to be eligible for
exemption from the bag limits, to fish under a quota, or to sell Gulf
reef fish in or from the Gulf EEZ, a commercial vessel permit for Gulf
reef fish must have been issued to the vessel and must be on board. To
obtain or renew a commercial vessel permit for Gulf reef fish, more
than 50 percent of the applicant's earned income must have been derived
from commercial fishing (i.e., harvest and first sale of fish) or from
charter fishing during either of the 2 calendar years preceding the
application. See paragraph (m) of this section regarding a moratorium
on commercial vessel permits for Gulf reef fish and limited exceptions
to the earned income requirement for a permit.
(vi) South Atlantic snapper-grouper. For a person aboard a vessel
to be eligible for exemption from the bag limits for South Atlantic
snapper-grouper in or from the South Atlantic EEZ, to engage in the
directed fishery for tilefish in the South Atlantic EEZ, to use a
longline to fish for South Atlantic snapper-grouper in the South
Atlantic EEZ, or to use a sea bass pot in the South Atlantic EEZ
between 35 deg.15.3' N. lat. (due east of Cape Hatteras Light, NC) and
28 deg.35.1' N. lat. (due east of the NASA Vehicle Assembly Building,
Cape Canaveral, FL), a commercial vessel permit for South Atlantic
snapper-grouper must have been issued to the vessel and must be on
board. A vessel with longline gear and more than 200 lb (90.7 kg) of
tilefish on board is considered to be in the directed fishery for
tilefish. It is a rebuttable presumption that a fishing vessel with
more than 200 lb (90.7 kg) of tilefish on board harvested such tilefish
in the EEZ. To obtain or renew a commercial vessel permit for South
Atlantic snapper-grouper, more than 50 percent of the applicant's
earned income must have been derived from commercial fishing (i.e.,
harvest and first sale of fish) or from charter fishing, or gross sales
of fish harvested from the owner's, operator's, corporation's, or
partnership's vessels must have been greater than $20,000, during one
of the 3 calendar years preceding the application.
* * * * *
(g) Transfer. A vessel permit or endorsement or dealer permit
issued under this section is not transferable or assignable, except as
provided in paragraph (m) of this section for a commercial vessel
permit for Gulf reef fish, paragraph (n) of this section for a fish
trap endorsement, paragraph (p) of this section for a red snapper
endorsement, or paragraph (q) of this section for a king mackerel
permit. A person who acquires a vessel or dealership who desires to
conduct activities for which a permit or endorsement is required must
apply for a permit or endorsement in accordance with the provisions of
this section. If the acquired vessel or dealership is currently
permitted, the application must be accompanied by the original permit
and a copy of a signed bill of sale or equivalent acquisition papers.
* * * * *
(q) Moratorium on commercial vessel permits for king mackerel. This
paragraph (q) is effective through October 15, 2000.
(1) Effective March 4, 1998, an initial commercial vessel permit
for king mackerel will be issued only if the vessel owner was the owner
of a vessel with a commercial vessel permit for king mackerel on or
before October 16, 1995. A king mackerel permit for a vessel whose
owner does not meet this moratorium criterion may be renewed only
through April 30, 1999.
(2) To obtain a commercial vessel permit for king mackerel under
the moratorium, an owner or operator of a vessel that does not have a
valid king mackerel permit on March 4, 1998, must submit an application
to the RD postmarked or hand delivered not later than June 2, 1998.
Other than applications for renewals of commercial vessel permits for
king mackerel, no applications for commercial vessel permits for king
mackerel will be accepted after June 2, 1998. Application forms are
available from the RD.
(3) An owner will not be issued initial commercial vessel permits
for king mackerel under the moratorium in numbers exceeding the number
of vessels permitted in the king mackerel fishery that he/she owned
simultaneously on or before October 16, 1995. If a vessel with a
commercial vessel permit for king mackerel on or before October 16,
1995, has been sold since that date, the owner on or before that date
retains the right to the commercial vessel permit for king mackerel
unless there is a written agreement that such right transfers to the
new owner.
(4) An owner of a permitted vessel may transfer the commercial
vessel permit for king mackerel issued under this moratorium to another
vessel owned by the same entity.
(5) An owner whose percentage of earned income or gross sales
qualified him/her for the commercial vessel permit for king mackerel
issued under the moratorium may request that NMFS transfer that permit
to the owner of another vessel, or to the new owner when he or she
transfers ownership of the permitted vessel. Such owner of another
vessel, or new owner, may receive a commercial vessel permit for king
mackerel for his or her vessel, and renew it through April 15 following
the first full calendar year after obtaining it, without meeting the
percentage of earned income or gross sales requirement of paragraph
(a)(2)(iii) of this section. However, to further renew the commercial
vessel permit, the owner of the other vessel, or new owner, must meet
the earned income or gross sales requirement not later than the first
full
[[Page 10567]]
calendar year after the permit transfer takes place.
(6) An owner of a permitted vessel, the permit for which is based
on an operator's earned income and, thus, is valid only when that
person is the operator of the vessel, may request that NMFS transfer
the permit to the income-qualifying operator when such operator becomes
an owner of a vessel.
(7) An owner of a permitted vessel, the permit for which is based
on an operator's earned income and, thus, is valid only when that
person is the operator of the vessel, may have the operator
qualification on the permit removed, and renew it without such
qualification through April 15 following the first full calendar year
after removing it, without meeting the earned income or gross sales
requirement of paragraph (a)(2)(iii) of this section. However, to
further renew the commercial vessel permit, the owner must meet the
earned income or gross sales requirement not later than the first full
calendar year after the operator qualification is removed. To have an
operator qualification removed from a permit, the owner must return the
original permit to the RD with an application for the changed permit.
(8) NMFS will not reissue a commercial vessel permit for king
mackerel if the permit is revoked or if the RD does not receive an
application for renewal within 1 year of the permit's expiration date.
5. In Sec. 622.5, paragraph (a)(1)(i) is revised to read as
follows:
Sec. 622.5 Recordkeeping and reporting.
* * * * *
(a) * * *
(1) * * *
(i) Coastal migratory pelagic fish. The owner or operator of a
vessel that fishes for or lands coastal migratory pelagic fish for sale
in or from the Gulf, Mid-Atlantic, or South Atlantic EEZ or adjoining
state waters, or whose vessel is issued a commercial permit for king or
Spanish mackerel, as required under Sec. 622.4(a)(2)(iii) or (iv), who
is selected to report by the SRD, must maintain a fishing record on a
form available from the SRD and must submit such record as specified in
paragraph (a)(2) of this section.
* * * * *
6. In Sec. 622.6, paragraphs (c) and (d) are removed and paragraph
(b) is revised to read as follows:
622.6 Vessel and gear identification.
* * * * *
(b) Gear identification--(1) Traps/pots and associated buoys--(i)
Traps or pots--(A) Caribbean EEZ. A fish trap or spiny lobster trap
used or possessed in the Caribbean EEZ must display the official number
specified for the vessel by Puerto Rico or the U.S. Virgin Islands so
as to be easily identified.
(B) Gulf and South Atlantic EEZ. A fish trap used or possessed in
the Gulf EEZ and a sea bass pot used or possessed in the South Atlantic
EEZ between 35 deg.15.3' N. lat. (due east of Cape Hatteras Light, NC)
and 28 deg.35.1' N. lat. (due east of the NASA Vehicle Assembly
Building, Cape Canaveral, FL), or a fish trap or sea bass pot on board
a vessel with a commercial permit for Gulf reef fish or South Atlantic
snapper-grouper, must have a valid identification tag issued by the RD
attached. A golden crab trap used or possessed in the South Atlantic
EEZ or on board a vessel with a commercial permit for golden crab must
have the commercial vessel permit number permanently affixed so as to
be easily distinguished, located, and identified; an identification tag
issued by the RD may be used for this purpose but is not required.
(ii) Associated buoys. A buoy that is attached to a trap or pot
must display the official number and assigned color code so as to be
easily distinguished, located, and identified as follows:
(A) Caribbean EEZ. Each buoy must display the official number and
color code assigned to the vessel by Puerto Rico or the U.S. Virgin
Islands, whichever is applicable.
(B) Gulf and South Atlantic EEZ. Each buoy must display the
official number and color code assigned by the RD. In the Gulf EEZ, a
buoy must be attached to each trap, or each end trap if traps are
connected by a line. In the South Atlantic EEZ, buoys are not required
to be used, but, if used, each buoy must display the official number
and color code. However, no color code is required on a buoy attached
to a golden crab trap.
(iii) Presumption of ownership. A Caribbean spiny lobster trap, a
fish trap, a golden crab trap, or a sea bass pot in the EEZ will be
presumed to be the property of the most recently documented owner. This
presumption will not apply with respect to such traps and pots that are
lost or sold if the owner reports the loss or sale within 15 days to
the RD.
(iv) Unmarked traps, pots, or buoys. An unmarked Caribbean spiny
lobster trap, a fish trap, a golden crab trap, a sea bass pot, or a
buoy deployed in the EEZ where such trap, pot, or buoy is required to
be marked is illegal and may be disposed of in any appropriate manner
by the Assistant Administrator or an authorized officer.
(2) Gillnet buoys. On board a vessel with a valid Spanish mackerel
permit that is fishing for Spanish mackerel in, or that possesses
Spanish mackerel in or from, the South Atlantic EEZ off Florida north
of 25 deg.20.4' N. lat., which is a line directly east from the Dade/
Monroe County, FL, boundary, the float line of each gillnet possessed,
including any net in use, must have a maximum of nine distinctive
floats, i.e., different from the usual net buoys, spaced uniformly at a
distance of 100 yd (91.4 m) or less. Each such distinctive float must
display the official number of the vessel.
Sec. 622.31 [Amended]
7. In Sec. 622.31, paragraph (d) is removed and paragraphs (e)
through (k) are redesignated as paragraphs (d) through (j)
respectively.
8. In Sec. 622.32, paragraph (c)(1) is revised to read as follows:
Sec. 622.32 Prohibited and limited-harvest species.
* * * * *
(c) * * *
(1) Cobia. No person may possess more than two cobia per day in or
from the Gulf, Mid-Atlantic, or South Atlantic EEZ, regardless of the
number of trips or duration of a trip.
* * * * *
9. In Sec. 622.35, paragraph (e)(2)(i) is revised to read as
follows:
Sec. 622.35 South Atlantic EEZ seasonal and/or area closures.
* * * * *
(e) * * *
(2) * * *
(i) In SMZs specified in paragraphs (e)(1)(i) through (xviii) and
(e)(1)(xxii) through (xxix) of this section, the use of a gillnet or a
trawl is prohibited, and fishing may be conducted only with handline,
rod and reel, and spearfishing gear.
* * * * *
10. In Sec. 622.37, paragraph (c)(1) is revised to read as follows:
Sec. 622.37 Minimum sizes.
* * * * *
(c) * * *
(1) Cobia in the Gulf, Mid-Atlantic, or South Atlantic--33 inches
(83.8 cm), fork length.
* * * * *
11. In Sec. 622.38, paragraph (a) is revised and paragraph (h) is
added to read as follows:
Sec. 622.38 Landing fish intact.
* * * * *
(a) The following must be maintained with head and fins intact:
Cobia, king
[[Page 10568]]
mackerel, and Spanish mackerel in or from the Gulf, Mid-Atlantic, or
South Atlantic EEZ, except as specified for king mackerel in paragraph
(h) of this section; South Atlantic snapper-grouper in or from the
South Atlantic EEZ; yellowtail snapper in or from the Caribbean EEZ;
and finfish in or from the Gulf EEZ, except as specified in paragraphs
(c), (d), and (e) of this section. Such fish may be eviscerated,
gilled, and scaled, but must otherwise be maintained in a whole
condition.
* * * * *
(h) A maximum of five cut-off (damaged) king mackerel may be
possessed in the Gulf, Mid-Atlantic, or South Atlantic EEZ on, and
offloaded ashore from, a vessel that is operating under a trip limit
for king mackerel specified in Sec. 622.44(a). Such cut-off (damaged)
king mackerel are not counted against the trip limit and may not be
sold or purchased.
12. In Sec. 622.40, the first sentence of paragraph (b)(3)(i)
introductory text is revised to read as follows:
Sec. 622.40 Limitation on traps and pots.
* * * * *
(b) * * *
(3) * * *
(i) A sea bass pot that is used or possessed in the South Atlantic
EEZ between 35 deg.15.3' N. lat. (due east of Cape Hatteras Light, NC)
and 28 deg.35.1' N. lat. (due east of the NASA Vehicle Assembly
Building, Cape Canaveral, FL) is required to have on at least one side,
excluding top and bottom, a panel or door with an opening equal to or
larger than the interior end of the trap's throat (funnel). * * *
* * * * *
13. In Sec. 622.41, paragraphs (c), (d)(1), and (d)(3) are revised
to read as follows:
Sec. 622.41 Species-specific limitations.
* * * * *
(c) Coastal migratory pelagic fish--(1) Authorized gear. Subject to
the prohibitions on gear/methods specified in Sec. 622.31, the
following are the only fishing gears that may be used in the Gulf, Mid-
Atlantic, and South Atlantic EEZ in directed fisheries for coastal
migratory pelagic fish:
(i) King mackerel, Atlantic migratory group--
(A) North of 34 deg.37.3' N. lat., the latitude of Cape Lookout
Light, NC--all gear except drift gillnet and long gillnet.
(B) South of 34 deg.37.3' N. lat.--automatic reel, bandit gear,
handline, and rod and reel.
(ii) King mackerel, Gulf migratory group--hook-and-line gear and
run-around gillnet.
(iii) Spanish mackerel, Atlantic migratory group--automatic reel,
bandit gear, handline, rod and reel, cast net, run-around gillnet, and
stab net.
(iv) Spanish mackerel, Gulf migratory group--all gear except drift
gillnet, long gillnet, and purse seine.
(v) Cobia in the Mid-Atlantic and South Atlantic EEZ, dolphin in
the South Atlantic EEZ, and little tunny in the South Atlantic EEZ
south of 34 deg.37.3' N. lat.--automatic reel, bandit gear, handline,
rod and reel, and pelagic longline.
(vi) Cero in the South Atlantic EEZ and little tunny in the South
Atlantic EEZ north of 34 deg.37.3' N. lat.--all gear except drift
gillnet and long gillnet.
(vii) Bluefish, cero, cobia, dolphin, and little tunny in the Gulf
EEZ--all gear except drift gillnet and long gillnet.
(2) Unauthorized gear. Gear types other than those specified in
paragraph (c)(1) of this section are unauthorized gear and the
following possession limitations apply:
(i) Long gillnets. A vessel with a long gillnet on board in, or
that has fished on a trip in, the Gulf, Mid-Atlantic, or South Atlantic
EEZ may not have on board on that trip a coastal migratory pelagic
fish.
(ii) Drift gillnets. A vessel with a drift gillnet on board in, or
that has fished on a trip in, the Gulf EEZ may not have on board on
that trip a coastal migratory pelagic fish.
(iii) Other unauthorized gear. Except as specified in paragraph
(c)(2)(iv) of this section, a person aboard a vessel with unauthorized
gear other than a drift gillnet in the Gulf EEZ or a long gillnet on
board in, or that has fished in, the EEZ where such gear is not
authorized in paragraph (c)(1) of this section, is subject to the bag
limit for king and Spanish mackerel specified in Sec. 622.39(c)(1)(ii)
and to the limit on cobia specified in Sec. 622.32(c)(1).
(iv) Exception for king mackerel in the Gulf EEZ. The provisions of
this paragraph (c)(2)(iv) apply to king mackerel taken in the Gulf EEZ
and to such king mackerel possessed in the Gulf. Paragraph (c)(2)(iii)
of this section notwithstanding, a person aboard a vessel that has a
valid commercial permit for king mackerel is not subject to the bag
limit for king mackerel when the vessel has on board on a trip
unauthorized gear other than a drift gillnet in the Gulf EEZ or a long
gillnet. Thus, the following applies to a vessel that has a commercial
permit for king mackerel:
(A) Such vessel may use in the Gulf EEZ no unauthorized gear in a
directed fishery for king mackerel.
(B) If such a vessel has a drift gillnet or a long gillnet on
board, no king mackerel may be possessed.
(C) If such a vessel has unauthorized gear on board other than a
drift gillnet in the Gulf EEZ or a long gillnet, the possession of king
mackerel taken incidentally is restricted only by the closure
provisions of Sec. 622.43(a)(3) and the trip limits specified in
Sec. 622.44(a). See also paragraph (c)(4) of this section regarding the
purse seine incidental catch allowance of king mackerel.
(3) Gillnets--(i) King mackerel. The minimum allowable mesh size
for a gillnet used to fish in the Gulf, Mid-Atlantic, or South Atlantic
EEZ for king mackerel is 4.75 inches (12.1 cm), stretched mesh. A
vessel in such EEZ, or having fished on a trip in such EEZ, with a
gillnet on board that has a mesh size less than 4.75 (12.1 cm) inches,
stretched mesh, may not possess on that trip an incidental catch of
king mackerel that exceeds 10 percent, by number, of the total lawfully
possessed Spanish mackerel on board.
(ii) Spanish mackerel. (A) The minimum allowable mesh size for a
gillnet used to fish in the Gulf, Mid-Atlantic, or South Atlantic EEZ
for Spanish mackerel is 3.5 inches (8.9 cm), stretched mesh. A vessel
in such EEZ, or having fished on a trip in such EEZ, with a gillnet on
board that has a mesh size less than 3.5 inches (8.9 cm), stretched
mesh, may not possess on that trip any Spanish mackerel.
(B) On board a vessel with a valid Spanish mackerel permit that is
fishing for Spanish mackerel in, or that possesses Spanish mackerel in
or from, the South Atlantic EEZ off Florida north of 25 deg.20.4' N.
lat., which is a line directly east from the Dade/Monroe County, FL,
boundary--
(1) No person may fish with, set, place in the water, or have on
board a gillnet with a float line longer than 800 yd (732 m).
(2) No person may fish with, set, or place in the water more than
one gillnet at any one time.
(3) No more than two gillnets, including any net in use, may be
possessed at any one time; provided, however, that if two gillnets,
including any net in use, are possessed at any one time, they must have
stretched mesh sizes (as allowed under the regulations) that differ by
at least .25 inch (.64 cm).
(4) No person may soak a gillnet for more than 1 hour. The soak
period begins when the first mesh is placed in the water and ends
either when the first mesh is retrieved back on board the vessel or the
gathering of the gillnet is begun to facilitate retrieval on board the
vessel, whichever occurs first; providing
[[Page 10569]]
that, once the first mesh is retrieved or the gathering is begun, the
retrieval is continuous until the gillnet is completely removed from
the water.
(5) The float line of each gillnet possessed, including any net in
use, must have the distinctive floats specified in Sec. 622.6(b)(2).
(4) Purse seine incidental catch allowance. A vessel in the EEZ, or
having fished in the EEZ, with a purse seine on board will not be
considered as fishing, or having fished, for king or Spanish mackerel
in violation of a prohibition of purse seines under paragraph (c)(2) of
this section, in violation of the possession limits under paragraph
(c)(2)(iii) of this section, or, in the case of king mackerel from the
Atlantic migratory group, in violation of a closure effected in
accordance with Sec. 622.43(a), provided the king mackerel on board
does not exceed 1 percent, or the Spanish mackerel on board does not
exceed 10 percent, of all fish on board the vessel. Incidental catch
will be calculated by number and/or weight of fish. Neither calculation
may exceed the allowable percentage. Incidentally caught king or
Spanish mackerel are counted toward the quotas provided for under
Sec. 622.42(c) and are subject to the prohibition of sale under
Sec. 622.43(a)(3)(iii).
(d) * * *
(1) Authorized gear. Subject to the gear restrictions specified in
Sec. 622.31, the following are the only gear types authorized in a
directed fishery for snapper-grouper in the South Atlantic EEZ: Bandit
gear, bottom longline, buoy gear, handline, rod and reel, sea bass pot,
and spearfishing gear.
* * * * *
(3) Use of sink nets off North Carolina. A vessel that has on board
a commercial permit for South Atlantic snapper-grouper, excluding
wreckfish, that fishes in the EEZ off North Carolina on a trip with a
sink net on board, may retain otherwise legal South Atlantic snapper-
grouper taken on that trip with bandit gear, buoy gear, handline, rod
and reel, or sea bass pot. For the purpose of this paragraph (d)(3), a
sink net is a gillnet with stretched mesh measurements of 3 to 4.75
inches (7.6 to 12.1 cm) that is attached to the vessel when deployed.
* * * * *
14. In Sec. 622.42, the first sentence of paragraph (c)
introductory text is revised to read as follows:
Sec. 622.42 Quotas.
* * * * *
(c) * * * King and Spanish mackerel quotas apply to persons who
fish under commercial vessel permits for king or Spanish mackerel, as
required under Sec. 622.4(a)(2)(iii) or (iv). * * *
* * * * *
15. In Sec. 622.43, paragraph (a)(3)(i) and (ii) are revised and
paragraph (c) is added to read as follows:
Sec. 622.43 Closures.
(a) * * *
(3) * * *
(i) A person aboard a vessel for which a commercial permit for king
or Spanish mackerel has been issued, as required under
Sec. 622.4(a)(2)(iii) or (iv), may not fish for king or Spanish
mackerel in the EEZ or retain king or Spanish mackerel in or from the
EEZ under a bag or possession limit specified in Sec. 622.39(c) for the
closed species, migratory group, zone, subzone, or gear, except as
provided for under paragraph (a)(3)(ii) of this section.
(ii) A person aboard a vessel for which the permit indicates both
charter vessel/headboat for coastal migratory pelagic fish and
commercial king or Spanish mackerel may continue to retain fish under a
bag and possession limit specified in Sec. 622.39(c), provided the
vessel is operating as a charter vessel or headboat.
* * * * *
(c) Reopening. When a fishery has been closed based on a projection
of the quota specified in Sec. 622.42 being reached and subsequent data
indicate that the quota was not reached, the Assistant Administrator
may file a notification to that effect with the Office of the Federal
Register. Such notification may reopen the fishery to provide an
opportunity for the quota to be reached.
16. In Sec. 622.44, paragraph (a)(2)(ii)(B) introductory text is
revised to read as follows:
Sec. 622.44 Commercial trip limits.
* * * * *
(a) * * *
(2) * * *
(ii) * * *
(B) Hook-and-line gear. In the Florida west coast subzone, king
mackerel in or from the EEZ may be possessed on board or landed from a
vessel with a commercial permit for king mackerel, as required by
Sec. 622.4(a)(2)(iii), and operating under the hook-and-line gear quota
in Sec. 622.42(c)(1)(i)(A)(2)(i):
* * * * *
17. In Sec. 622.45, in paragraph (d)(2), the reference
``Sec. 622.4(a)(2)(iv)'' is revised to read ``Sec. 622.4(a)(2)(vi)''
and paragraph (h) is added to read as follows:
Sec. 622.45 Restrictions on sale/purchase.
* * * * *
(h) Cut-off (damaged) king mackerel. A cut-off (damaged) king
mackerel lawfully possessed or offloaded ashore, as specified in
Sec. 622.38(h), may not be sold or purchased.
18. In Sec. 622.48, in paragraph (d)(1), the phrase ``reopening of
a fishery prematurely closed'' is removed, and paragraph (c) is revised
to read as follows:
Sec. 622.48 Adjustment of management measures.
* * * * *
(c) Coastal migratory pelagic fish. For cobia or for a migratory
group of king or Spanish mackerel: MSY, overfishing level, TAC, quota
(including a quota of zero), bag limit (including a bag limit of zero),
minimum size limit, vessel trip limits, closed seasons or areas, gear
restrictions (ranging from regulation to complete prohibition),
reallocation of the commercial/recreational allocation of Atlantic
group Spanish mackerel, and permit requirements.
* * * * *
Secs. 622.4 and 622.44 [Amended]
19. The words ``and Spanish'' are removed in the following places:
a. In Sec. 622.4, in the first sentence of paragraph (a)(2)(ii), in
the heading of paragraph (o), in the first sentence of paragraph
(o)(1), and in the second and third sentences of paragraph (o)(2).
b. In Sec. 622.44, in paragraph (a)(2)(ii)(A)(2)(i).
Sec. 622.44 [Amended]
20. The words ``king and'' are removed in Sec. 622.44(b)(1)(i) and
(b)(1)(ii) introductory text.
[FR Doc. 98-5476 Filed 3-3-98; 8:45 am]
BILLING CODE 3510-22-F
