[Federal Register Volume 59, Number 104 (Wednesday, June 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13302]
[[Page Unknown]]
[Federal Register: June 1, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 642
[Docket No. 940553-4153; I.D. 050394A]
RIN 0648-AE98
Coastal Migratory Pelagic Resources of the Gulf of Mexico and
South Atlantic
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule.
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SUMMARY: NMFS issues this proposed rule to implement Amendment 7 to the
Fishery Management Plan for the Coastal Migratory Pelagic Resources of
the Gulf of Mexico and South Atlantic (FMP). Amendment 7 would divide
the eastern zone commercial quota for the Gulf migratory group of king
mackerel into equal quotas for the Florida east and west coast
fisheries, further divide the quota for the west coast sub-zone into
equal quotas for hook-and-line and run-around gillnet harvesters, and
allow persons to fish under the gillnet quota in the west coast sub-
zone only aboard vessels that have endorsements on their Federal
commercial mackerel permits to fish with gillnets in that sub-zone. The
intended effect of this rule is to equitably allocate the eastern zone
commercial quota among users and avoid the negative social and economic
emergencies related to a recent, disproportionately large, west coast
harvest in the commercial fishery for Gulf group king mackerel off
Florida.
DATES: Written comments must be received on or before July 11, 1994.
ADDRESSES: Comments on the proposed rule must be sent to the Southeast
Regional Office, NMFS, 9721 Executive Center Drive, St. Petersburg, FL
33702.
Requests for copies of Amendment 7, which includes a regulatory
impact review/initial regulatory flexibility analysis (IRFA) and an
environmental assessment should be sent to the Gulf of Mexico Fishery
Management Council, 5401 W. Kennedy Boulevard, suite 331, Tampa, FL
33609-2486, FAX 813-225-7015, or to the South Atlantic Fishery
Management Council, Southpark Building, One Southpark Circle, suite
306, Charleston, SC 29407-4699, FAX 803-769-4520.
Comments regarding the collection-of-information requirement
contained in this proposed rule should be sent to Edward E. Burgess,
Southeast Regional Office, NMFS, 9721 Executive Center Drive, St.
Petersburg, FL 33702 and to the Office of Information and Regulatory
Affairs, OMB, Washington, DC 20503 (Attention: NOAA Desk Officer).
FOR FURTHER INFORMATION CONTACT: Mark F. Godcharles, 813-893-3161.
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 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).
Background
During the previous fishing year (July 1, 1992, through June 30,
1993), the commercial quota for king mackerel from the eastern zone of
the Gulf of Mexico migratory group was reached, and the fishery was
closed, on January 13, 1993, before fishermen on the east coast of
Florida could harvest an equitable share. The record low catch of the
east coast king mackerel fishery constituted social and economic
emergencies. Accordingly, by emergency interim rule (58 FR 10990,
February 23, 1993), the commercial king mackerel fishery in the
exclusive economic zone (EEZ) off the east coast of Florida was
reopened from February 18 through March 26, 1993, under a possession
limit of 25 fish per vessel per day.
To avoid a similar, disproportionately large harvest on Florida's
west coast during the 1993/94 fishing year and to allow sufficient time
for the Councils to develop more permanent remedial action, the eastern
zone commercial quota for the Gulf migratory group of king mackerel was
divided into equal quotas for the Florida east and west coast sub-zones
by an emergency interim rule (58 FR 51789, October 5, 1993). Additional
regulations, which established daily vessel trip limits in each of the
sub-zones, were implemented under the framework procedure for adjusting
FMP management measures (58 FR 58509, November 2, 1993). The daily
vessel trip limits were intended to reduce daily catches, thus
preventing market gluts, extending the harvest season, and reducing the
likelihood of exceeding king mackerel quotas.
Amendment 7
Amendment 7 proposes to: (1) Continue in effect the division of the
eastern zone commercial quota for Gulf migratory group king mackerel
into equal quotas for the Florida east and west coast sub-zones that
were established in the emergency interim rule of October 5, 1993; (2)
divide the Florida west coast sub-zone quota equally between the hook-
and-line and run-around gillnet harvesters; and (3) allow persons to
fish under the gillnet quota in the Florida west coast sub-zone only
aboard vessels that have endorsements on their Federal commercial
mackerel permits to fish with gillnets in that sub-zone.
Rationale supporting the division of the eastern zone commercial
quota for the Gulf migratory group of king mackerel into equal quotas
for the Florida east and west coast sub-zones was included in the
emergency interim rule and is not repeated here. Rationale for
implementation of equal sub-quotas for hook-and-line and gillnet
sectors in the Florida west coast sub-zone and for allowing the use of
gillnets in the west coast sub-zone only aboard vessels with permits
with endorsements for use of such gear is discussed below.
Equal quotas in the west coast sub-zone for hook-and-line and
gillnet fishermen, as proposed in this rule, will provide equitable
sharing of the harvest of the annual quota between users of these two
gear types, which are the only gears allowed to harvest Gulf group king
mackerel. Depending on seasonal arrival of migrating schools and
prevailing fishing conditions, the fishing power of either gear sector
is sufficient to harvest a major and disproportionate share of the
quota before the other sector could take an equitable share. The recent
daily production of the 16-20 large gillnet vessels in the fishery and
weekly catches of 80-100 hook-and-line vessels have demonstrated
capacity of either gear sector to take the west coast sub-zone quota
quickly. The daily harvesting capability of the hook-and-line users is
not as great as that of gillnets. In December 1993, within a 24-hour
period, the gillnet fleet landed in the lower Florida Keys
approximately 250,000 pounds (lb) (113,398 kilograms (kg)) of king
mackerel, which was 29 percent of the west coast sub-zone quota. Total
gillnet production could easily double if catches for most of the large
gillnet vessels approach their maximum holding capacity, which may be
50,000 pounds (22,690 kg) for the largest of these vessels. During the
last two weeks of December 1992, the Key West hook-and-line fleet
harvested approximately 380,000 pounds (172,365 kg) of king mackerel,
which was 44 percent of the quota.
Implementation of the requirement for a gillnet endorsement on the
Federal commercial mackerel permit would promote equitable harvest by
the two gear harvesting sectors of the west coast sub-zone quota. The
endorsement would restrict the gillnet users to their respective quota
by counting all Gulf group king mackerel from the Florida west coast
sub-zone harvested by vessels with gillnet endorsements against the
gillnet quota. Except in the initial year of implementation, a vessel
owner or any succeeding owner would have an opportunity to obtain the
endorsement only during June each year, immediately prior to the July 1
commencement of the next fishing year. Once an owner or a succeeding
owner obtains a gillnet endorsement, that individual and the designated
vessel would be bound by the requirements of the endorsement for the
entire fishing year in which it is issued, i.e., the endorsement could
not be rescinded within the year issued. In 1994, the time frame for
obtaining the endorsement would be immediately following publication of
the final rule to implement Amendment 7.
Implementation of Amendment 7 would ensure equitable access to the
king mackerel resource by fishermen in the Florida east and west coast
fisheries, and equitable access by gear type in the west coast fishery.
If approved, this rule would be effective early in the 1994/95 fishing
year, which commences July 1, 1994, before a substantive commercial
king mackerel fishery begins in the east coast sub-zone off Florida.
Additional background and rationale for the measures discussed
above are contained in Amendment 7, the availability of which was
announced in the Federal Register on May 6, 1994 (59 FR 23681).
Classification
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
The Councils prepared an IRFA as part of Amendment 7, which
concludes that this proposed rule, if adopted, may have a significant
economic impact on a substantial number of small entities.
Specifically, equal division of the eastern zone quota of Gulf group
king mackerel between the east and west coast sub-zones is expected to
redistribute revenues among the participants in the fishery. Such
redistribution is expected to approximate the historical distribution
of revenues but may result in individual redistributions exceeding five
percent of the revenues of some participants during the 1994/95 fishing
year. All participants in the fishery are small entities. Copies of the
IRFA are available (see ADDRESSES).
Section 642.4(m) of this proposed rule, concerning applications for
gillnet endorsements on vessel permits, contains a collection-of-
information requirement subject to the Paperwork Reduction Act. A
request to collect this information has been submitted to the Office of
Management and Budget (OMB) for approval. The public reporting burden
for this collection of information is estimated to average 30 minutes
per response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments
regarding this reporting burden estimate or any other aspect of this
collection of information, including suggestions for reducing this
burden, to NMFS and OMB (see ADDRESSES).
List of Subjects in 50 CFR Part 642
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: May 26, 1994.
Charles Karnella,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 642 is
proposed to be 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. 642.4, new paragraph (m) is added to read as follows:
Sec. 642.4 Permits and fees.
* * * * *
(m) Gillnet endorsement.
(1) For a vessel to use a run-around gillnet for king mackerel in
the Florida west coast sub-zone (see Sec. 642.25(a)(1)(i)(B)), a vessel
for which a king and Spanish mackerel permit has been issued under this
section must have a gillnet endorsement on such permit. Such permit and
endorsement must be on board the vessel.
(2) An owner of a permitted vessel may add or delete a gillnet
endorsement on a permit by returning to the Regional Director the
vessel's existing permit with a written request for addition or
deletion of the gillnet endorsement. Such request must be postmarked or
hand delivered during June, each year.
(3) A gillnet endorsement may not be added or deleted from July 1
through May 31 each year, any renewal of the permit during that period
notwithstanding. From July 1 through May 31, a permitted vessel that is
sold, if permitted by the new owner for king and Spanish mackerel, will
receive a permit with or without the endorsement as was the case for
the vessel under the previous owner. From July 1 through May 31, the
initial king and Spanish mackerel permit issued for a vessel new to the
fishery will be issued without a gillnet endorsement.
(4) The provisions of paragraph (m)(3) of this section
notwithstanding, the initial requests for gillnet endorsements must be
postmarked or hand delivered during the 45-day period commencing on the
first day of effectiveness of the final rule implementing this measure.
3. In Sec. 642.7, paragraphs (p), (s), and (u) are revised,
paragraph (t) is redesignated as paragraph (w), and new paragraphs (t)
and (v) are added to read as follows:
Sec. 642.7 Prohibitions.
* * * * *
(p) After a closure specified in Sec. 642.26(a), sell, purchase,
trade, or barter, or attempt to sell, purchase, trade, or barter a king
or Spanish mackerel of the closed species/ migratory group/zone/sub-
zone/gear type, as specified in Secs. 642.22(c), 642.24(a)(4), and
642.26(b)(3).
* * * * *
(s) In the eastern zone, possess or land Gulf group king mackerel
in or from the EEZ in excess of an applicable trip limit, as specified
in Sec. 642.28(a) or Sec. 642.28(b)(1)(ii), or transfer at sea such
king mackerel, as specified in Sec. 642.28(e).
(t) In the Florida west coast sub-zone, possess or land Gulf group
king mackerel in or from the EEZ aboard a vessel that uses or has
aboard a run-around gillnet on a trip when such vessel does not have on
board a commercial permit for king and Spanish mackerel with a gillnet
endorsement, as specified in Sec. 642.28(b)(2)(i).
(u) In the Florida west coast sub-zone, transfer at sea Gulf group
king mackerel taken by a vessel for which a commercial permit for king
and Spanish mackerel with a gillnet endorsement has been issued, as
specified in Sec. 642.28(e).
(v) Violate any prohibitions or restrictions for the prevention of
gear conflicts that may be specified in accordance with Sec. 642.29.
* * * * *
4. In Sec. 642.25, paragraph (c) is removed and paragraphs (a)(1)
introductory text and (a)(1)(i) are revised to read as follows:
Sec. 642.25 Commercial allocations and quotas.
* * * * *
(a) * * *
(1) The commercial allocation for the Gulf migratory group of king
mackerel is 2.50 million pounds (1.13 million kg) per fishing year. The
Gulf migratory group is divided into eastern and western zones
separated by a line extending directly south from the Alabama/Florida
boundary (87 deg.31'06''W. longitude) to the outer limit of the EEZ.
Quotas for the eastern and western zones are as follows:
(i) 1.73 million pounds (0.78 million kg) for the eastern zone,
which is further divided into quotas as follows:
(A) 865,000 pounds (392,361 kg) for the Florida east coast sub-
zone, which is that part of the eastern zone north of a line extending
directly east from the Dade/Monroe County, Florida boundary
(25 deg.20.4'N. latitude); and
(B) 865,000 pounds (392,361 kg) for the Florida west coast sub-
zone, which is that part of the eastern zone south and west of the
Dade/Monroe County, Florida boundary (25 deg.20.4'N. latitude), which
is further divided into quotas by gear types as follows:
(1) 432,500 pounds (196,179 kg) for vessels fishing with hook-and-
line gear; and
(2) 432,500 pounds (196,179 kg) for vessels fishing with run-around
gillnets.
* * * * *
5. Section 642.26 is revised to read as follows:
Sec. 642.26 Closures.
(a) Notice of closure. The Assistant Administrator, by filing a
notice with the Office of the Federal Register, will close the
commercial fishery in the EEZ for king mackerel from a particular
migratory group, zone, sub-zone, or gear type, and for Spanish mackerel
from the Gulf migratory group, when the allocation or quota under
Sec. 642.25(a) or Sec. 642.25(b)(1) for that migratory group, zone,
sub-zone, or gear type has been reached or is projected to be reached.
The commercial fishery for Atlantic group Spanish mackerel is managed
under the commercial trip limits specified in Sec. 642.27 in lieu of
the closure provisions of this section.
(b) Fishing after a closure. On and after the effective date of a
closure invoked under paragraph (a) of this section, for the remainder
of the appropriate fishing year for commercial allocations specified in
Sec. 642.20(a)--
(1) A person aboard a vessel in the commercial fishery may not fish
for king or Spanish mackerel in the EEZ or retain fish in or from the
EEZ under a bag limit specified in Sec. 642.24(a)(1) for the closed
species, migratory group, zone, sub-zone, or gear type, except as
provided for under paragraph (b)(2) of this section.
(2) A person aboard a vessel, the permit for which indicates both
commercial king and Spanish mackerel and charter vessel for coastal
migratory pelagic fish, may continue to retain fish under a bag and
possession limit specified in Sec. 642.24 (a)(1) and (a)(2) provided
the vessel is operating as a charter vessel.
(3) The sale, purchase, trade, or barter or attempted sale,
purchase, trade, or barter of king or Spanish mackerel of the closed
species, migratory group, zone, sub-zone, or gear type is prohibited.
This prohibition does not apply to trade in king or Spanish mackerel
harvested, landed, and sold, traded, or bartered prior to the closure
and held in cold storage by dealers or processors.
6. Section 642.31 is removed; Secs. 642.28 through 642.30 are
redesignated as Secs. 642.29 through 642.31; and new Sec. 642.28 is
added to read as follows:
Sec. 642.28 Additional limitations for Gulf group king mackerel in the
eastern zone.
(a) Florida east coast sub-zone. In the Florida east coast sub-
zone, king mackerel in or from the EEZ may be possessed aboard or
landed from a vessel for which a commercial permit has been issued for
king and Spanish mackerel under Sec. 642.4,
(1) From November 1, each fishing year, until 50 percent of the
sub-zone's fishing year quota of king mackerel has been harvested--in
amounts not exceeding 50 king mackerel per day; and
(2) From the date that 50 percent of the sub-zone's fishing year
quota of king mackerel has been harvested until a closure of the
Florida east coast sub-zone has been effected under Sec. 642.26--in
amounts not exceeding 25 king mackerel per day.
(b) Florida west coast sub-zone. (1) In the Florida west coast sub-
zone, king mackerel in or from the EEZ may be possessed aboard or
landed from a vessel for which a commercial permit has been issued for
king and Spanish mackerel under Sec. 642.4,
(i) From July 1, 1994, until 75 percent of the sub-zone's fishing
year quota of king mackerel has been harvested--in unlimited amounts of
king mackerel; and
(ii) From the date that 75 percent of the sub-zone's fishing year
quota of king mackerel has been harvested until a closure of the
Florida west coast sub-zone has been effected under Sec. 642.26--in
amounts not exceeding 50 king mackerel per day.
(2) In the Florida west coast sub-zone,
(i) King mackerel in or from the EEZ may be possessed aboard or
landed from a vessel that uses or has aboard a run-around gillnet on a
trip only when such vessel has on board a commercial permit for king
and Spanish mackerel with a gillnet endorsement; and
(ii) King mackerel from the west coast sub-zone landed by a vessel
for which such commercial permit with endorsement has been issued will
be counted against the run-around gillnet quota of
Sec. 642.25(a)(1)(i)(B)(2).
(c) Notice of trip limit changes. The Assistant Administrator, by
filing a notice with the Office of the Federal Register, will effect
the trip limit changes specified in paragraphs (a) and (b)(1)(ii) of
this section when the requisite harvest levels have been reached or are
projected to be reached.
(d) Combination of trip limits. A person who fishes in the EEZ may
not combine a trip limit of this section with any trip or possession
limit applicable to state waters.
(e) Transfer at sea. A person for whom a trip limit specified in
paragraph (a) or (b)(1)(ii) of this section or a gear limitation
specified in paragraph (b)(2) of this section applies may not transfer
at sea from one vessel to another a king mackerel--
(1) Taken in the EEZ, regardless of where such transfer takes
place; or
(2) In the EEZ, regardless of where such king mackerel was taken.
[FR Doc. 94-13302 Filed 5-26-94; 3:12 pm]
BILLING CODE 3510-22-P
