[Federal Register Volume 64, Number 105 (Wednesday, June 2, 1999)]
[Proposed Rules]
[Pages 29622-29625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13960]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 990506120-9120-01; I.D. 020399A]
RIN 0648-AL80
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South
Atlantic; Catch Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule, request for comments.
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SUMMARY: In accordance with the framework procedure for adjusting
management measures of the Fishery Management Plan for the Coastal
Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic
(FMP), NMFS proposes to increase the total allowable catch (TAC) for
Atlantic group king mackerel; decrease TAC for Atlantic group Spanish
mackerel; revise the commercial trip limits for Atlantic group king
mackerel off North Carolina and the Mid-Atlantic states, and for Gulf
group king mackerel off the Florida east coast; establish a trip limit
for Gulf group king mackerel in the western zone; establish a bag limit
of zero Gulf group king mackerel for captain and crew on for-hire
vessels; increase the minimum size limit for Atlantic and Gulf group
king mackerel; and, for Atlantic group Spanish mackerel, revise the
allocation of TAC between the commercial and recreational sectors and
establish an incidental catch allowance for vessels using gillnets with
a mesh size less than 3.5 inches (8.9 cm). 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.
DATES: Written comments must be received on or before June 17, 1999.
ADDRESSES: Comments on the proposed rule must be sent to Mark
Godcharles, Southeast Regional Office, NMFS, 9721 Executive Center
Drive N., St. Petersburg, FL 33702.
Requests for copies of the environmental assessment, social impact
assessment/fishery impact statement, and regulatory impact review (RIR)
supporting aspects of this action relating to Atlantic migratory groups
of king and Spanish mackerel should be sent to the South Atlantic
Fishery Management Council, Southpark Building, One Southpark Circle,
Suite 306, Charleston, SC 29407-4699, PHONE: 843-571-4366, FAX: 843-
769-4520. Requests for comparable documents relating to Gulf group king
mackerel should be sent to the Gulf of Mexico Fishery Management
Council, 3018 U.S. Highway North, Suite 1000, Tampa, FL, 33619-2266,
PHONE: 813-228-2815, FAX: 813-225-7015.
FOR FURTHER INFORMATION CONTACT: Mark Godcharles, 727-570-5305.
SUPPLEMENTARY INFORMATION: The fisheries for coastal migratory pelagic
resources are regulated under the FMP. The FMP was prepared jointly by
the Gulf of Mexico and South Atlantic Fishery Management Councils
(Councils) and is implemented by regulations at 50 CFR part 622.
In accordance with the framework procedures of the FMP, the
Councils made recommendations in separate regulatory amendments to the
Regional Administrator, Southeast Region, NMFS (RA). The recommended
changes are within the scope of the management measures that may be
adjusted under the framework procedure, as specified in 50 CFR 622.48.
Proposed TACs, Allocations, and Quotas
The South Atlantic Council recommended that TACs be effective
immediately for the fishing year in which they are implemented for the
Atlantic groups of king and Spanish mackerel. The South Atlantic
Council recommended an increase in the annual TAC for Atlantic group
king mackerel from 6.80 million lb (3.08 million kg) to 8.40 million lb
(3.81 million kg).
For Atlantic group Spanish mackerel, the South Atlantic Council
recommended a decrease in the annual TAC from 8.00 million lb (3.63
million kg) to 6.60 million lb (2.99 million kg) and recommended that
the current 50/50 allocation of TAC between commercial and recreational
sectors be changed to 55 percent commercial and 45 percent
recreational. The recreational fishery has consistently failed to reach
[[Page 29623]]
its allocation, and the increased allocation of TAC to the commercial
sector would allow harvest near levels landed last season.
Consistent with the FMP's framework procedure, these recommended
TAC changes are within the range of the acceptable biological catch
established by the Councils and represent a conservative approach
supported by their Scientific and Statistical Committees and Mackerel
Advisory Panels. These TACs are consistent with current stock
rebuilding programs and with the attainment of optimum yield (OY) for
Atlantic group king and Spanish mackerel as provided by the FMP. The
resulting quotas and allocations would be higher than recent harvest
levels; consequently, no early or unexpected fishery closures or quota/
allocation overruns would be likely.
Under the provisions of the FMP, the recreational and commercial
fisheries are allocated a fixed percentage of the TAC. Under the
established percentages for Atlantic group king mackerel and the
revised percentages specified for Atlantic group Spanish mackerel in
this proposed rule, the TACs for the Atlantic groups of king and
Spanish mackerel would be allocated as follows:
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Species/Migratory Group m. lb. m. kg
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Atlantic Group King Mackerel - TAC.................. 8.40 3.81
Recreational allocation (62.9%)..................... 5.28 2.40
Commercial quota (37.1%)............................ 3.12 1.42
Atlantic Group Spanish Mackerel - TAC............... 6.60 2.99
Recreational allocation (45%)....................... 2.97 1.35
Commercial quota (55%).............................. 3.63 1.65
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Atlantic Group Spanish Mackerel: Commercial Vessel Trip Limits and
Incidental Catch Allowance
The commercial sector of the Atlantic group Spanish mackerel
fishery is managed under trip limits. In the southern zone (i.e., south
of a line extending directly east from the Georgia/Florida boundary),
the trip limits vary depending on the percentage of the adjusted quota
landed. The adjusted quota is the commercial quota reduced by an amount
calculated to allow continued harvest of Atlantic group Spanish
mackerel at the rate of 500 lb (227 kg) per vessel per day for the
remainder of the fishing year after the adjusted quota is reached.
Along with the reduced commercial quota, the South Atlantic Council
recommended that the adjusted quota be decreased from 3.75 million lb
(1.70 million kg) to 3.38 million lb (1.53 million kg).
The South Atlantic Council also recommended an allowance for
vessels operating in the South Atlantic or Mid-Atlantic exclusive
economic zone (EEZ) to possess on board, and land in a day, up to 500
lb (227 kg) of Spanish mackerel incidentally caught in a gillnet having
a mesh size less than 3.5 inches (8.9 cm), stretched mesh. The South
Atlantic Council determined that such an adjustment of the regulations
would be necessary to preclude discard and waste of Spanish mackerel
incidentally taken in prohibited gear, maintain the multi-species
nature of the South and Mid-Atlantic gillnet fisheries, and minimize
the negative socioeconomic impacts on fishermen involved in these
fisheries. The proposed incidental catch allowance would continue the
long-time practice of possessing and landing Spanish mackerel
incidentally captured in inshore and nearshore gillnet fisheries.
Gulf Group King Mackerel: Commercial Vessel Trip Limits and
Recreational Bag Limits
The Gulf Council proposed a 3,000-lb (1,361-kg) commercial trip
limit for Gulf group king mackerel in the western zone off Texas,
Louisiana, Mississippi, and Alabama. The Council believes that the trip
limit would increase the socioeconomic benefits of the available quota,
reduce the intensity of derby fishing, increase vessel safety, and
reduce the risks of overfishing king mackerel and other stocks that
might be targeted after closure of the king mackerel fishery. The
Council believes that the trip limit would prevent market gluts and
would stabilize the exvessel value of king mackerel at a higher level
throughout a longer harvest season. Limiting landings per trip, and
shortening trip length should result in a higher quality, more valuable
product.
The South Atlantic Council proposed to increase the commercial trip
limit for Gulf group king mackerel in the eastern zone, Florida east
coast subzone, from 50 to 75 fish per day to optimize the opportunity
for fishermen to achieve the quota while preventing early season
closure. The Councils concluded that the 50-fish trip limit was too low
and would lead to underutilization of the quota.
The Gulf Council recommended that the daily bag limit for Gulf
group king mackerel be reduced to zero fish for the captain and crew on
for-hire vessels. The Gulf Council determined that the zero-fish bag
limit for captain and crew on for-hire vessels would be necessary to
reduce harvest and prevent overrun of the recreational allocation and
TAC. Representatives of the for-hire industry have indicated that the
sale of king mackerel taken under the recreational bag limit represents
important income to their businesses.
Atlantic Group King Mackerel: Commercial Vessel Trip Limits
The South Atlantic Council proposed to reduce the commercial trip
limit for Atlantic group king mackerel off North Carolina and the Mid-
Atlantic states from 3,500 lb (1,588 kg) to 2,000 lb (907 kg) per day.
Further, the trip limit would reduce to 1,000 lb (454 kg) per day if 80
percent of the quota is taken before February 1. In response to
fishermen's requests, the South Atlantic Council has proposed this
revision to prevent early closure of the fishery and preserve a portion
of the quota for the Lenten market that usually provides premium market
value, an important source of annual income.
Atlantic Group and Gulf Group King Mackerel: Minimum Size Limits
The Gulf and South Atlantic Councils proposed to increase the
minimum size limit for Gulf group and Atlantic group king mackerel from
20 to 24 inches (50.8 to 60.1 cm). Besides reducing harvest of immature
fish, the increased minimum size limit would decrease recreational
harvest and prevent overrun of the recreational allocation and TAC.
The RA initially concurs that the Council's recommendations are
necessary to protect the king and Spanish mackerel stocks and prevent
overfishing and that they are consistent with the FMP, the Magnuson-
Stevens Fishery Conservation and Management Act, and other applicable
law. Accordingly, the Councils' recommended changes are published for
comment.
Classification
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The determination based on the RIR - Threshold Analyses, is summarized
below. Copies of these analyses are available (see ADDRESSES).
There are 3,819 commercial fishing and for-hire small business
entities that have permits to harvest coastal migratory species
[[Page 29624]]
and more than 20 percent of these are expected to be impacted to
some degree, but not to a significant degree. A Gulf Council
proposal for a zero bag limit of Gulf group king mackerel for the
captain and crew of for-hire businesses will have an effect in the
Florida Keys because some for-hire entities sell fish caught under
the bag limit, but will have very minor effects in other areas. The
maximum effect would be to decrease annual gross revenues by 2.6 to
4.3 percent and that would occur only if all the sales of fish were
attributed to king mackerel. Both Councils propose to increase the
minimum size limit for king mackerel from 20 to 24 inches (51 to 61
cm) fork length (FL). The RIR findings were that most commercial
catches are composed of fish that exceed 24 inches FL and the
effects are expected to be negligible. The effect on for-hire
operations would be a reduction of 10 percent in the recreational
catch of king mackerel by their clients, but there are a number of
substitute species, and the overall effect is expected to be small.
A Gulf Council proposal for a trip limit of 3,000 lb (1361 kg) of
king mackerel for fishermen in the Gulf western zone would not
create a revenue impact because the commercial quota would be taken
with or without the trip limit.
A South Atlantic Council proposal to increase TAC for Atlantic
group king mackerel from 6.8 to 8.4 million lb (3.1 to 3.8 million
kg) may have no effect because the current quota may not be met, but
could provide for an annual revenue gain of $496,000 if all the
increased quota is taken. The proposal to change the king mackerel
trip limit for the North Carolina/Mid-Atlantic area from 3,500 to
2,000 lb (1,586 to 907 kg) per day, however, has a maximum estimated
decrease in annual revenue of $57,000 for the fishermen in that
area.
The South Atlantic Council proposal to decrease TAC for Atlantic
group Spanish mackerel from 8.0 to 6.6 million lb (3.6 to 3.0
million kg) and to change the allocation of TAC to 55 percent
commercial and 45 percent recreational is expected to result in an
annual revenue loss of $174,000, if fishing and market conditions
and implementation of the proposed 3.63 million-lb (1.65 million-kg)
quota would restrain commercial harvest below the existing 4.0
million-lb (1.8 million-kg) quota level. Offsetting this potential
loss in sales is a gain in revenues that would result from the
proposal to allow a 500-lb (227-kg) take of Atlantic group Spanish
mackerel incidentally captured in gillnets constructed of webbing
less than the required minimum stretched mesh size of 3.5 inches
(8.9 cm).
None of the proposals described here would result in increased
compliance costs of reporting or record keeping, and there would be
no differential large business versus small business impacts because
the entire population is composed of small businesses. Additionally,
the proposals would not create new capital costs, and no businesses
would be expected to cease operations if the proposals are
implemented.
None of the proposals are expected to affect changes in revenue
that would result in a negative effect of greater than 5 percent on
gross revenues for the identified small businesses. Accordingly, the
results of the threshold analyses lead to a determination that the
criteria for a significant impact on a substantial number of firms
are not met, and an IRFA was not prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: May 26, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 622 is
proposed to be 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. 622.37, paragraph (c)(2) is revised to read as follows:
Sec. 622.37 Minimum sizes.
* * * * *
(c) * * *
(2) King mackerel in the Gulf, South Atlantic, or Mid-Atlantic--24
inches (61.0 cm), fork length, except that a vessel fishing under a
quota for king mackerel specified in Sec. 622.42(c)(1) may possess
undersized king mackerel in quantities not exceeding 5 percent, by
weight, of the king mackerel on board.
* * * * *
3. In Sec. 622.39, paragraph (c)(1)(ii) is revised to read as
follows:
Sec. 622.39 Bag and possession limits.
* * * * *
(c) * * *
(1) * * *
(ii) Gulf migratory group king mackerel--2, except that for an
operator or crew member of a charter vessel or headboat, the bag limit
is 0.
* * * * *
4. In Sec. 622.41, paragraph (c)(3)(ii)(A) is revised to read as
follows:
Sec. 622.41 Species specific limitations.
* * * * *
(c) * * *
(3) * * *
(ii) * * * (A) The minimum allowable mesh size for a gillnet used
to fish for Spanish mackerel in the Gulf, Mid-Atlantic, or South
Atlantic EEZ is 3.5 inches (8.9 cm), stretched mesh.
(1) A vessel in the Gulf EEZ, or having fished on a trip in the
Gulf 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.
(2) A vessel in the South Atlantic or Mid-Atlantic 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 possess or land
on the day of that trip no more than 500 lb (227 kg) of incidentally
caught Spanish mackerel.
* * * * *
5. In Sec. 622.42, paragraphs (c)(1)(ii) and (c)(2)(ii) are revised
to read as follows:
Sec. 622.42 Quotas.
* * * * *
(c) * * *
(1) * * *
(ii) Atlantic migratory group. The quota for the Atlantic migratory
group of king mackerel is 3.12 million lb (1.42 million kg). No more
than 0.40 million lb (0.18 million kg) may be harvested by purse
seines.
* * * * *
(2) * * *
(ii) Atlantic migratory group. The quota for the Atlantic migratory
group of Spanish mackerel is 3.63 million lb (1.65 million kg).
* * * * *
6. In Sec. 622.44, paragraphs (a)(1)(i) through (a)(1)(iv) are
redesignated as paragraphs (a)(1)(ii) through (a)(1)(v), respectively;
a new paragraph (a)(1)(i) and paragraph (a)(2)(iv) are added; and newly
redesignated paragraph (a)(1)(ii), paragraph (a)(2) introductory text,
paragraph (a)(2)(i), paragraph (a)(2)(ii) heading, and the first
sentence of paragraph (b)(2) are revised to read as follows:
Sec. 622.44 Commercial trip limits.
* * * * *
(a) * * *
(1) * * *
(i) North of a line extending in a direction of 135 deg.34'55''
from true north from the North Carolina/South Carolina boundary, as
marked by the border station on Bird Island at 33 deg.51'07.9'' N.
lat., 78 deg.32'32.6'' W. long., king mackerel in or from the EEZ may
not be possessed on board or landed from a vessel in a day:
(A) From April 1, each fishing year, until 80 percent of the quota
has been harvested--in amounts exceeding 2,000 lb (907 kg) per day.
(B) From the date that 80 percent of the quota has been harvested,
until a closure of the fishery has been effected under Sec. 622.43(a)--
in amounts exceeding 1,000 lb (454 kg) per day.
(ii) In the area between 29 deg.25' N. lat. (which is a line
directly east from the
[[Page 29625]]
Flagler/Volusia County, FL, boundary) and a line extending in a
direction of 135 deg.34'55'' from true north from the North Carolina/
South Carolina boundary, as marked by the border station on Bird Island
at 33 deg.51'07.9'' N. lat., 78 deg.32'32.6'' W. long., king mackerel
in or from the EEZ may not be possessed on board or landed from a
vessel in a day in amounts exceeding 3,500 lb (1,588 kg).
* * * * *
(2) Gulf Group. Commercial trip limits are established in the
eastern and western zones as follows. (See Sec. 622.42(c)(1)(i) for
specification of the eastern and western zones and
Sec. 622.42(c)(1)(i)(A)(3) for specifications of the subzones in the
eastern zone.)
(i) Eastern zone--Florida east coast subzone. In the Florida east
coast subzone, king mackerel in or from the EEZ may be possessed on
board or landed from a vessel for which a commercial permit for king
mackerel has been issued, as required under Sec. 622.4(a)(2)(iii), from
November 1 each fishing year until the subzone's fishing year quota of
king mackerel has been harvested or until March 31, whichever occurs
first, in amounts not exceeding 75 fish per day.
(ii) Eastern zone--Florida west coast subzone-* * *
* * * * *
(iv) Western zone. In the western zone, king mackerel in or from
the EEZ may be possessed on board or landed from a vessel for which a
commercial permit for king mackerel has been issued, as required under
Sec. 622.4(a)(2)(ii), from July 1, each fishing year, until a closure
of the western zone's fishery has been effected under Sec. 622.43(a)--
in amounts not exceeding 3,000 lb (1,361 kg) per day.
(b) * * *
(2) For the purpose of paragraph (b)(1)(ii) of this section, the
adjusted quota is 3.38 million lb (1.53 million kg). * * *
* * * * *
[FR Doc. 99-13960 Filed 6-1-99; 8:45 am]
BILLING CODE 3510-22-F
