[Federal Register Volume 60, Number 149 (Thursday, August 3, 1995)]
[Proposed Rules]
[Pages 39698-39700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19038]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 642
[Docket No. 950725189-5189-01; I.D. 062795A]
RIN 0648-XX24
Coastal Migratory Pelagic Resources of the Gulf of Mexico and
South Atlantic; Changes in Catch Limits
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule.
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SUMMARY: NMFS proposes changes in the management regimes for the
Atlantic migratory groups of king and Spanish mackerel and the Gulf
group of king mackerel, in accordance with the framework procedure for
adjusting management measures for the Fishery Management Plan for the
Coastal Migratory Pelagic Resources (FMP). For Atlantic group king
mackerel, this rule proposes changes in the total allowable catch
(TAC), establishment of commercial vessel trip limits, and reduction of
the recreational bag limit; for Atlantic group Spanish mackerel,
increases in the TAC and allocations; and for Gulf group king mackerel,
changes in the commercial vessel trip limits. The intended effect of
this rule is to protect king and Spanish mackerel from overfishing and
continue stock rebuilding programs while still allowing catches by
important recreational and commercial fisheries dependent on king and
Spanish mackerel.
DATES: Written comments must be received on or before August 18, 1995.
ADDRESSES: Comments must be mailed to Mark F. Godcharles, Southeast
Region, National Marine Fisheries Service, 9721 Executive Center Drive
N., St. Petersburg, FL 33702.
Requests for copies of the environmental assessment and regulatory
impact review supporting aspects of this action relating to Gulf group
mackerel should be sent to the Gulf of Mexico Fishery Management
Council, 5401 W. Kennedy Boulevard, Suite 331, Tampa, FL 33609-2486.
Requests for comparable documents relating to Atlantic group mackerel
should be sent to the South Atlantic Fishery Management Council,
Southpark Building, One Southpark Circle, Suite 306, Charleston, SC
29407-4699.
FOR FURTHER INFORMATION CONTACT: Mark F. Godcharles, 813-570-5305.
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 642.
In accordance with the framework procedure of the FMP, the Councils
appointed a Stock Assessment Panel (Panel) to assess, on an annual
basis, the condition of each stock of king and Spanish mackerel in the
management unit, to report its findings, and to make recommendations to
the Councils. Based on the Panel's 1995 report and recommendations,
advice from the Mackerel Advisory Panels (MAPs) and the Scientific and
Statistical Committees (SSCs), and public input, the Councils
recommended to the Director, Southeast Region, NMFS (Regional
Director), changes to the TAC and allocations for the Atlantic
migratory groups of king and Spanish mackerel, reduction of the
recreational bag limit in the northern area and establishment of
commercial trip limits for Atlantic group king mackerel, and changes in
the commercial trip limits for Gulf group king mackerel in the east and
west coast sub-zones of the eastern zone. The recommended changes are
within the scope of the management measures that may be adjusted, as
specified at 50 CFR 642.29. For the 1995-96 fishing year, the Councils
recommended no changes for Gulf group Spanish mackerel or for cobia.
Specifically, the Councils recommended that, effective with the
fishing year that began April 1, 1995, the annual TAC for the Atlantic
migratory group of Spanish mackerel be increased from 9.20 million lb
(4.17 million kg) to 9.40 million lb (4.26 million kg) and the annual
TAC for the Atlantic migratory group of king mackerel be decreased from
10.00 million lb (4.54 million kg) to 7.30 million lb (3.31 million
kg). These recommended TACs are within the range of the acceptable
biological catch chosen by the Councils and represent a conservative
approach supported by their SSCs and MAPs. Under the provisions of the
FMP, the recreational and commercial fisheries are allocated a fixed
percentage of the TAC. Under the established percentages, the proposed
TACs for the fishing year that commenced April 1, 1995, would be
allocated as follows:
[[Page 39699]]
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Species m. lb m. kg
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Atlantic Spanish Mackerel--TAC...................... 9.40 4.26
-------------------
Recreational allocation (50%)..................... 4.70 2.13
Commercial allocation (50%)....................... 4.70 2.13
Atlantic King Mackerel--TAC......................... 7.30 3.31
-------------------
Recreational allocation (62.9%)................... 4.60 2.09
Commercial allocation (37.1%)..................... 2.70 1.22
------------------------------------------------------------------------
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 specific trip limits vary depending on the percentage of catch of
the adjusted allocation. The adjusted allocation is the commercial
allocation for Atlantic migratory group Spanish mackerel reduced by an
amount calculated (250.00 lb) (113.40 kg) to allow continued harvests
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
allocation is reached. Along with the increased commercial allocation,
the Councils recommended that the adjusted allocation be increased from
4.35 million lb (1.97 million kg) to 4.45 million lb (2.02 million kg).
The commercial sector of the Gulf group king mackerel fishery in
the eastern zone (off Florida) also is managed under trip limits. The
proposed trip limit changes are specific for Florida east and west
coast sub-zones and respective quotas. For the Florida east coast sub-
zone, the Councils proposed that the commercial vessel trip limit of 50
king mackerel per day would not be reduced if 75 percent of the sub-
zone's fishing year quota is not harvested before March 1, but would
remain at 50 king mackerel per day until the entire quota has been
harvested or until March 31, whichever occurs first. Currently, the
trip limit is reduced from 50 to 25 fish per day when 75 percent of the
quota is taken and remains at that level until the entire quota has
been harvested or until March 31, whichever occurs first. Last season's
projected harvest did not reach 75 percent of the quota until the end
of the season; therefore, the trip limit was not reduced to 25 king
mackerel per day. The Florida east coast sub-zone exists November 1
through March 31 and encompasses the waters off the Florida east coast
from a line extending directly east from the Dade/Monroe County
boundary to a line extending directly east from the Volusia/Flagler
County boundary.
For the Florida west coast sub-zone, the Councils recommended daily
trip limits for vessels harvesting king mackerel under the hook-and-
line quota; no trip limits were in effect last season. The daily
possession/landing limit for a vessel using hook-and-line gear, holding
a Federal commercial mackerel permit would be 125 fish for the taking
of the first 75 percent of the hook-and-line quota, then be reduced to
50 fish until the entire quota has been harvested. From November 1
through March 31, the Florida west coast sub-zone encompasses the
waters off the southeast, south, and west coasts of Florida from the
Dade/Monroe County boundary to a line extending directly south from the
Alabama/Florida boundary. From April 1 through October 31, when the
boundary separating the Gulf and Atlantic groups of king mackerel is a
line extending directly west from the Monroe/Collier boundary
(25 deg.48' N. lat.), the west coast sub-zone would extend from that
boundary to the Alabama/Florida boundary and would exclude the Florida
Keys (Monroe County).
For the Atlantic group king mackerel, the Councils recommended
daily trip limits for vessels harvesting under the commercial
allocation. Previously this segment of the fishery has not had trip
limits. The commercial trip limits were proposed to prevent a likely
closure, to distribute catch among user groups, and to minimize ongoing
user-group conflicts and those that would result if new entrants
displaced by Florida's inshore net prohibition would cause a large
shift in effort. The daily possession/landing limit for a vessel using
non-prohibited gear holding a Federal commercial mackerel permit would
be 3,500 lb (1,588 kg) of king mackerel, in or from the exclusive
economic zone (EEZ), year-round in the northern area between the New
York/Connecticut and Flagler/Volusia County, FL boundaries. Off Volusia
County, FL, the daily trip limit would be 3,500 lb (1,588 kg) of king
mackerel, in or from the EEZ, from April 1 through October 31. South of
there, between the Volusia/Brevard and Monroe/Collier County
boundaries, a daily trip limit of 50 king mackerel in or from the EEZ
would be effective April 1 through October 31. All trip limits proposed
for the Atlantic group king mackerel are daily landing/possession
limits that would reduce to zero for that group whenever the annual
commercial allocation is reached.
The Regional Director initially concurs that the Councils'
recommendations are necessary to protect the king and Spanish mackerel
stocks and prevent overfishing and that they are consistent with the
objectives of the FMP. Accordingly, the Councils' recommended changes
are published for comment. In addition to these changes, Sec. 642.28(b)
has been revised and reformatted to improve clarity.
Classification
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this proposed rule, if adopted,
will not have a significant economic impact on a substantial number of
small entities. The proposed commercial trip limits for the east coast
sub-zone of Gulf king mackerel are expected to result in a slight
increase in economic benefits; west coast sub-zone trip limits are
expected to have favorable distributional effects but perhaps minor
adverse impacts on short-term profitability. Commercial trip limits for
Atlantic group king mackerel should result in small increases in long-
term benefits to the industry. The proposed reduction in TAC for
Atlantic group king mackerel is not expected to affect revenues of
small entities, because the reduced level is consistent with catch
levels in recent years. The reduction in the recreational bag limit for
Atlantic group king mackerel is expected to affect only a small portion
of recreational anglers. The minor increase in TAC for Atlantic group
Spanish mackerel would increase revenues to the commercial sector
slightly. As a result, a regulatory flexibility analysis was not
prepared.
List of Subjects in 50 CFR Part 642
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: July 27, 1995.
Richard B. Stone,
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.
[[Page 39700]]
2. In Sec. 642.7, paragraphs (q) through (u) are revised to read as
follows:
Sec. 642.7 Prohibitions.
* * * * *
(q) Exceed a commercial trip limit for Atlantic group king or
Spanish mackerel, as specified in Sec. 642.27(a) or (b).
(r) Transfer at sea from one vessel to another an Atlantic group
king or Spanish mackerel subject to a commercial trip limit, as
specified in Sec. 642.27(f).
(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), (b)(1), or (b)(2), 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, aboard a vessel for which a
commercial permit for king and Spanish mackerel with a gillnet
endorsement has been issued, retain Gulf group king mackerel in or from
the EEZ harvested with gear other than run-around gillnet, as specified
in Sec. 642.28(b)(1)(ii)(C).
* * * * *
3. In Sec. 642.24, paragraph (a)(1)(ii)(A) is revised to read as
follows:
Sec. 642.24 Bag and possession limits.
(a) * * *
(1) * * *
(ii) * * *
(A) Northern area--five per person through December 31, 1995; three
per person thereafter.
* * * * *
Sec. 642.25 [Amended]
4. In Sec. 642.25, in paragraph (a)(2), the numbers ``3.71'' and
``1.68'' are revised to read ``2.70'' and ``1.22'', respectively and in
paragraph (b)(2), the numbers ``4.60'' and ``2.09'' are revised to read
``4.70'' and ``2.13'', respectively.
5. In Sec. 642.27, paragraphs (a) through (e) are redesignated as
paragraphs (b) through (f), respectively; in newly redesignated
paragraphs (c) and (d), the references to ``paragraph (a)(2) of this
section'' are revised to read ``paragraph (b)(2) of this section''; in
newly redesignated paragraph (c) the numbers ``4.35'' and ``1.97'' are
revised to read ``4.45'' and ``2.02'', respectively; the reference in
newly redesignated paragraph (f) introductory text and in newly
redesignated paragraph (f)(2), ``Spanish mackerel'' is revised to read
``king or Spanish mackerel''; the section heading is revised; paragraph
(a) is added; and a paragraph heading is added to newly redesignated
paragraph (b) to read as follows:
Sec. 642.27 Commercial trip limits for Atlantic group king and Spanish
mackerel.
(a) Atlantic group king mackerel. (1) North of a line extending
directly east from the Volusia/Flagler County, Florida boundary
(29 deg.25' N. lat.) to the outer limit of the EEZ, king mackerel in or
from the EEZ may not be possessed aboard or landed from a vessel in a
day in amounts exceeding 3,500 lb (1,588 kg).
(2) In the area between lines extending directly east from the
northern and southern boundaries of Volusia County, Florida (29 deg.25'
N. lat. and 28 deg.47.8' N. lat., respectively) to the outer limit of
the EEZ, king mackerel in or from the EEZ may not be possessed aboard
or landed from a vessel in a day in amounts exceeding 3,500 lb (1,588
kg) from April 1 through October 31.
(3) In the area between lines extending directly east from the
Volusia/Brevard County, Florida boundary (28 deg.47.8' N. lat.) to the
outer limit of the EEZ and directly west from the Monroe/Collier
County, Florida boundary (25 deg.48' N. lat.) to the outer boundary of
the EEZ, king mackerel in or from the EEZ may not be possessed aboard
or landed from a vessel in a day in amounts exceeding 50 fish from
April 1 through October 31.
(b) Atlantic group Spanish mackerel. * * *
* * * * *
6. In Sec. 642.28, a sentence is added at the end of paragraph
(a)(2), and paragraph (b) and paragraph (e) introductory text, are
revised to read as follows:
Sec. 642.28 Additional limitations for Gulf group king mackerel in the
eastern zone.
(a) * * *
(2) * * * However, if 75 percent of the sub-zone's quota has not
been harvested by March 1, the vessel limit remains at 50 king mackerel
per day until the sub-zone's quota is filled or until March 31,
whichever occurs first.
(b) Florida west coast sub-zone--(1) Gillnet gear. (i) 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 permit with a
gillnet endorsement has been issued under Sec. 642.4, from July 1, each
fishing year, until a closure of the Florida west coast sub-zone's
commercial fishery for vessels fishing with run-around gillnets has
been effected under Sec. 642.26--in amounts not exceeding 25,000 lb
(11,340 kg) per day.
(ii) In the Florida west coast sub-zone:
(A) 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;
(B) 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); and
(C) King mackerel in or from the EEZ harvested with gear other than
run-around gillnet may not be retained aboard a vessel for which such
commercial permit with endorsement has been issued.
(2) Hook-and-line gear. In the Florida west coast sub-zone, king
mackerel in or from the EEZ may be possessed aboard or landed from a
vessel permitted under Sec. 642.4(a)(1) and operating under the
commercial hook-and-line gear quota in Sec. 642.25(a)(1)(i)(B)(1):
(i) From July 1, each fishing year, until 75 percent of the sub-
zone's hook-and-line gear quota has been harvested--in amounts not
exceeding 125 king mackerel per day; and
(ii) From the date that 75 percent of the sub-zone's hook-and-line
gear quota has been harvested until a closure of the west coast sub-
zone's hook-and-line fishery has been effected under Sec. 642.26--in
amounts not exceeding 50 king mackerel per day.
* * * * *
(e) Transfer at sea. A person for whom a trip limit specified in
paragraph (a), (b)(1)(i), or (b)(2) of this section or a gear
limitation specified in paragraph (b)(1)(ii)(A) of this section applies
may not transfer at sea from one vessel to another a king mackerel:
* * * * *
[FR Doc. 95-19038 Filed 8-2-95; 8:45 am]
BILLING CODE 3510-22-W
