[Federal Register Volume 64, Number 161 (Friday, August 20, 1999)]
[Rules and Regulations]
[Pages 45457-45459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21696]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 990506120-9220-02; I.D. 032499E]
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: Final rule.
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SUMMARY: In accordance with the framework procedure for adjusting
management measures of the Fishery Management Plan for the Coastal
Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic
(FMP), NMFS implements several management changes. For Atlantic group
king mackerel, total allowable catch (TAC) is increased. For Atlantic
group Spanish mackerel, TAC is decreased; the allocation of TAC between
the commercial and recreational sectors is revised; and an incidental
catch allowance for vessels using gillnets with a mesh size less than
3.5 inches (8.9 cm) is established. For Gulf group king mackerel, a
commercial trip limit is established in the western zone, and a 0-fish
bag limit is established for captain and crew on for-hire vessels. For
both Gulf and Atlantic group king mackerel, the minimum size limit is
increased. The intended effects of this rule are to protect king and
Spanish mackerel from overfishing and maintain healthy stocks while
still allowing catches by commercial and recreational fisheries.
DATES: This rule is effective September 20, 1999.
FOR FURTHER INFORMATION CONTACT: Steve Branstetter, 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 recommended, and NMFS published, a proposed rule (64 FR 29622,
June 2, 1999) to implement the following measures: (1) For Atlantic
group king mackerel, increase the commercial quota and the recreational
allocation and revise the commercial trip limits off North Carolina and
the Mid-Atlantic states; (2) for Atlantic group Spanish mackerel,
decrease the commercial quota and recreational allocation; change the
commercial/recreational allocation from 50/50 to 55/45; and establish
an incidental catch allowance for vessels using gillnets with a mesh
size less than 3.5 inches (8.9 cm); (3) for Gulf group king mackerel,
establish a commercial trip limit in the western zone and establish a
0-fish bag limit for captain and crew on for-hire vessels; and (4) for
both Gulf and Atlantic group king mackerel, increase the minimum size
limit. That proposed rule described the need and rationale for these
revisions. Those descriptions are not repeated here.
Comments and Responses
NMFS received five comments.
Comment 1: After reviewing the 1999 Mackerel Stock Assessment
Report (MSAP), the South Atlantic Council requested that NMFS not
implement the proposed trip limit decrease from 3,500 to 2,000 lb (1588
to 907 kg) for Atlantic group king mackerel for commercial vessels
operating north of the North Carolina/South Carolina border and south
of the New York/Connecticut border, nor the proposed trip limit
increase from 50 to 75 fish for Gulf group king mackerel in the Florida
east coast subzone. The 1999 MSAP indicated that the TAC for Atlantic
group king mackerel could be increased. Thus the trip limit reduction
for the king mackerel fishery north of the North Carolina/South
Carolina border was unnecessary. The Council anticipates that the
fishery should be able to continue year-round without a closure with
the existing 3,500 lb (1,588 kg) trip limit, thereby increasing the
economic benefits of the fishery. The fishery for Gulf group king
mackerel in the Florida east coast subzone closed on March 13, 1999,
under a 50-fish trip limit. Thus the Council believed that increasing
the bag limit would shorten the season further, and lessen the social
and economic benefits to the fishery.
Response: NMFS considers the Council's comment as a request to
withdraw the proposed reduction in the commercial trip limit for
Atlantic group king mackerel north of the North Carolina/South Carolina
border and the proposed increase in the commercial trip limit for Gulf
group king mackerel in the Florida east coast subzone as was described
in the proposed rule. NMFS agrees with the Council's rationale for not
implementing the subject proposed trip limit changes and has withdrawn
them from the final rule. The Atlantic group king mackerel stock is not
overfished, and the 1999 MSAP indicates that an increase in TAC for
this stock is appropriate; a reduced trip limit for fisheries on
Atlantic group king mackerel is no longer necessary to slow the rate of
harvest in regard to the annual commercial quota. Furthermore, given
that the fishery for the Gulf group king mackerel in the Florida east
coast subzone closed during the 1998/1999 fishing year under a 50-fish
trip limit, NMFS agrees that increasing the trip limit to 75 fish would
result in an even earlier closure thus reducing the social and economic
benefits of the fishery. Not implementing these proposed trip limit
changes also should avoid confusion in the fishery by maintaining long-
standing trip limits, to which the fishermen are accustomed and should
not have any adverse biological consequences regarding the conservation
of the affected stocks.
Comment 2: The South Atlantic Council requested that NMFS
promulgate the catch specifications for Atlantic group king and Spanish
mackerel that the Council recommended at its June 1999 meeting rather
than the specifications that were previously recommended and that were
included in the proposed rule. These
[[Page 45458]]
recommendations included: Increasing TAC to 10.0 million lb (4.5
million kg) for Atlantic group king mackerel; increasing the commercial
trip limit for southeast Florida from 50 to 75 fish per day; increasing
TAC for Atlantic group Spanish mackerel to 7.1 million lb (3.2 million
kg); and increasing the recreational bag limit for Atlantic group
Spanish mackerel from 10 to 15 fish per day.
Response: NMFS is not promulgating the specifications recommended
by the Council at its June 1999 meeting because the public has not had
an adequate opportunity to review and comment on them. Additionally,
the impacts of those specifications need to be evaluated by preparing a
regulatory impact review/environmental assessment, and the affected
states have not had an opportunity to evaluate the new recommended
specifications in relation to their states' coastal zone management
plans.
Comment 3: The Gulf Council and the fishing association requested
that NMFS disapprove the proposal to reduce the bag limit of Gulf group
king mackerel to zero for captain and crew on for-hire vessels. Based
on the report of the 1999 MSAP, the Council decided that the 0-fish bag
limit is neither needed nor justified, and that a mid-season
implementation would cause unnecessary disruption and confusion within
the for-hire fishery. The fishing association questioned the accuracy
of the Marine Recreational Fishery Statistical Survey (MRFSS) database
which indicated the need for this proposed measure to reduce
recreational harvest.
Response: NMFS disagrees that the 0-fish bag limit for the captain
and crew of for-hire vessels fishing for Gulf group king mackerel is
unnecessary. NMFS has approved this measure and is implementing it by
this rule. The per-angler overages calculated by the MRFSS were
substantiated by data collected through the NMFS Panama City, FL
charterboat survey and the ongoing pilot charterboat survey co-managed
by NMFS and the Gulf States Marine Fisheries Commission. These latter
two data sources consist of reports of entire trip/boat activity as
provided by the captains themselves, and include harvest by all
anglers/passengers (excepting captain and crew) onboard the vessel, as
opposed to the MRFSS approach of individual angler interviews.
Nevertheless, considering the differences in methodologies used by
these independent sampling programs, the compatibility and consistency
of the results among the three surveys strengthen the conclusions
regarding the effect of allowing a bag limit for captain and crew.
MRFSS data indicate that the for-hire sector accounts for 50 to 65
percent of the recreational harvest, and per-angler and per-trip
average catches are in excess of the allowable bag limits unless
captain and crew are included. The catch attributable to the captain
and crew contributes to the persistent overruns in the recreational
allocation. Additionally, enforcement of a daily bag limit for captain
and crew of for-hire vessels is difficult where those vessels and crews
make multiple trips within a day. NMFS also believes that a 0-fish bag
limit for Gulf group king mackerel for captain and crew on for-hire
vessels will reduce in-season recreational sales, which are then
counted against the commercial quota. This leads to situations where
the fish are counted twice: once as a recreational catch, and once as a
commercial sale. This double counting of fish can contribute to an
``artificial'' overrun of the commercial quotas. Elimination of this
double counting should foster a more accurate depiction of fishing
mortality, thus providing more accurate stock assessments. Therefore,
NMFS believes that a 0-fish bag limit for the captain and crew of for-
hire vessels is necessary for the adequate conservation and management
of this overfished resource.
Comment 4: One commenter opposed the increase in the minimum size
limit from 20 to 24 inches (51 to 61 cm) fork length (FL) proposed for
king mackerel. The commenter believes that this measure is unnecessary
in light of the lower and more stable recreational landings information
provided in the 1999 reports of the MSAP and the Social and Economic
Panel (SEP), and the recommendations developed by the Gulf Council at
its May 1999 meeting.
Response: NMFS disagrees and has approved the size limit increase
and is implementing it by this rule. The SEP report, which indicated
stable recreational landings, considered catches in the Gulf of Mexico,
but this does not include all fishing mortality on the Gulf group king
mackerel stock. During a part of the year, a percentage of the
mortality on the Gulf group king mackerel stock occurs from catches on
the Atlantic coast of Florida. The MSAP report does take this
additional catch and mortality into consideration. That report
illustrated that, with the exception of the 1998/1999 season, the
recreational harvest of Gulf group king mackerel exceeded the
recreational allocation by 15 to 50 percent each year since 1986. In
addition to reducing the overall harvest by the recreational sector,
the proposed 24-inch (61-cm) size limit is intended to reduce the
harvest of immature fish. Approximately 50 per cent of the females are
mature at sizes of 22 to 24 inches (56 to 61 cm) FL.
Comment 5: One commenter stated that NMFS was negligent in its late
publication and announcement of proposals, and did not adequately
advise the public that the Councils had developed the proposals last
year for the 1998/99 fishing year.
Response: Catch specifications are associated with the most recent
stock assessment, not a fishing year. The Councils consider the most
recent assessment and make any proposed catch specification changes.
Additionally, the regulations are not annual; they remain in effect
until changes are proposed by the Councils. NMFS recognizes that the
implementation of these particular catch specifications has been
delayed. In part, these delays stemmed from combining the proposed
catch specifications as proposed by the Gulf of Mexico and South
Atlantic Councils. To ensure more timely implementation of catch
specifications, NMFS has restructured its process for the review of
mackerel proposals submitted by the Councils under the FMP framework
provisions. For the 1999/2000 proposed catch specifications, the
proposals by each Council will be processed separately.
Comment 6: Two commenters supported the implementation of the
3,000-lb (1361-kg) trip limit for Gulf group king mackerel in the
western zone. One commented that it would help to eliminate derby
fishing and extend the season.
Response: NMFS agrees that the implementation of the 3,000- lb
(1361-kg) trip limit in the western zone will benefit the fisheries of
that region and has approved it and implemented it through this rule.
Changes From the Proposed Rule
As requested by the South Atlantic Council (see Comments and
Responses), NMFS has withdrawn the proposed reduction in the commercial
trip limit for Atlantic group king mackerel north of the North
Carolina/South Carolina state boundary and the proposed increase in the
commercial trip limit for Gulf group king mackerel in the Florida east
coast subzone. Accordingly, the respective changes in the proposed rule
to Sec. 622.44(a)(1)(i) and Sec. 622.44(a)(2)(i) are not included in
this final rule. As a result, the proposed redesignations within
Sec. 622.44(a)(1) are no longer necessary and have been removed from
the final rule.
[[Page 45459]]
Classification
This final rule has been determined to be not significant for
purposes of E.O. 12866.
The Chief Counsel for Regulation of the Department of Commerce has
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this rule would not have a significant economic
impact on a substantial number of small entities. No comments were
received regarding this certification. As a result, a regulatory
flexibility analysis was not prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: August 16, 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 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, paragraph (a)(2)(iv) is added, and paragraph
(a)(2) introductory text, the headings of paragraphs (a)(2)(i) and
(a)(2)(ii), and the first sentence of paragraph (b)(2) are revised to
read as follows:
Sec. 622.44 Commercial trip limits.
* * * * *
(a) * * *
(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. * * *
(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. 99-21696 Filed 8-19-99; 8:45 am]
BILLING CODE 3510-22-F
