[Federal Register Volume 59, Number 152 (Tuesday, August 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19318]
[[Page Unknown]]
[Federal Register: August 9, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 642
[Docket No. 940710-4210; I.D. 062894A]
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 a preliminary notice of changes in the management
regimes for the Atlantic migratory groups of king and Spanish mackerel
and the Gulf of Mexico group of king mackerel, 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). This rule proposes changes in the
total allowable catch (TAC) for the Atlantic groups of king and Spanish
mackerel and for changes in the commercial vessel trip limits for Gulf
group king mackerel. The intended effect 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 24, 1994.
ADDRESSES: Comments must be mailed to Mark F. Godcharles, Southeast
Region, National Marine Fisheries Service, 9721 Executive Center Drive,
St. Petersburg, FL 33702.
Requests for copies of the environmental assessment and regulatory
impact review supporting this action should be sent to the Gulf of
Mexico Fishery Management Council, 5401 W. Kennedy Boulevard, Suite
331, Tampa, FL 33609-2486.
FOR FURTHER INFORMATION CONTACT: Mark F. Godcharles, 813-893-3161.
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 1994 report and recommendations,
advice from the Mackerel Advisory Panels and the Scientific and
Statistical Committees, 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, and changes in the commercial trip limits for Gulf
group king mackerel in the Florida 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 1994-95 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, 1994, the annual TAC for the Atlantic
migratory group of Spanish mackerel be increased from 9.00 million lb
(4.08 million kg) to 9.20 million lb (4.170 million kg) and the annual
TAC for the Atlantic migratory group of king mackerel be decreased from
10.50 million lb (4.76 million kg) to 10.00 million lb (4.536 million
kg). These recommended TACs are within the range of the acceptable
biological catch chosen by the Councils. 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, 1994, would be
allocated as follows:
------------------------------------------------------------------------
Species m. lb m. kg
------------------------------------------------------------------------
Atlantic Spanish Mackerel--TAC...................... 9.20 4.170
-------------------
Recreational allocation (50%)..................... 4.60 2.085
Commercial allocation (50%)....................... 4.60 2.085
Atlantic King Mackerel--TAC......................... 10.00 4.536
-------------------
Recreational allocation (62.9%)................... 6.29 2.853
Commercial allocation (37.1%)..................... 3.71 1.683
------------------------------------------------------------------------
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 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.
Concomitant with the increased commercial allocation, the Councils
recommended that the adjusted allocation be increased from 4.25 million
(1.93 million kg) to 4.35 million lb (1.97 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 for the Florida east and west coast sub-
zones and quotas would be established by a separate and collateral
action, i.e., Amendment 7 to the FMP, the proposed rule for which was
published on June 1, 1994 (59 FR 28330). Measures proposed in Amendment
7, along with the trip limits proposed in this rule, are expected to
enhance compatibility between Federal and State regulations, increase
enforceability, allocate the resource fairly, reduce conflicts among
users, extend the harvest season, increase the value of the fishery,
and afford greater protection to the resource.
For the Florida east coast sub-zone, the Councils proposed
commercial vessel trip limits of 50 king mackerel per day until 75
percent of the sub-zone's fishing year quota has been harvested, then
25 king mackerel per day until the entire quota has been harvested or
until March 31, whichever occurs first. Last season, the trip limit was
reduced from 50 to 25 fish per day when 50 percent of the quota was
taken and remained at that level through March 31, 1994. As proposed in
Amendment 7, the Florida east coast sub-zone would exist November 1
through March 31 and encompass the waters off the Florida east coast
from a line extending directly east from the Dade/Monroe County
boundary (25 deg.20.4' N. lat.) to a line extending directly east from
the Volusia/Flagler County boundary (29 deg.25' N. lat.).
For the Florida west coast sub-zone, the Councils recommended daily
trip limits only for vessels harvesting king mackerel under the gillnet
quota proposed in Amendment 7; they recommended no trip limits for
vessels fishing under the hook-and-line quota proposed in that
amendment. The daily possession/landing limit for a vessel using
gillnets and having obtained a proposed gillnet endorsement on its
Federal commercial mackerel permit would be 25,000 lb (11,340 kg) for
the taking of the first 90 percent of the gillnet quota, then be
reduced to 15,000 lb/day (6,804 kg/day) until the entire quota has been
harvested. These trip limits would replace the 50-fish limit that was
implemented during the 1993-94 season when 75 percent of the west coast
sub-zone quota was taken. As proposed under Amendment 7, from November
1 through March 31, the Florida west coast sub-zone would encompass the
waters off the southeast, south, and west coasts of Florida from the
Dade/Monroe County boundary (25 deg.20.4' N. lat.) to a line extending
directly south from the Alabama/Florida boundary (87 deg.31'06'' W.
long.). 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).
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.
Classification
This proposed rule is exempt from review under E.O. 12866.
The General Counsel 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 reduction in the TAC for Atlantic group king mackerel
is not expected to affect the revenues of small entities. Except for
the 1988/89 fishing season, neither the commercial nor the recreational
allocation has been filled, and for the last five consecutive fishing
years, neither fishery has been closed.
The increase in TAC for the Atlantic group of Spanish mackerel will
only slightly increase revenues to the commercial industry. The
proposed trip limits for Gulf group king mackerel are expected to
result in small increases in benefits for the industry. 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: August 3, 1994.
Charles Karnella,
Acting Program Management Officer, 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.
Sec. 642.25 [Amended]
2. In Sec. 642.25, in paragraph (a)(2), the numbers ``3.90'' and
``1.77'' are revised to read ``3.71'' and ``1.68'', respectively; in
paragraph (b)(2), the numbers ``4.50'' and ``2.04'' are revised to read
``4.60'' and ``2.09'', respectively.
Sec. 642.27 [Amended]
3. In Sec. 642.27, in paragraph (b), the numbers ``4.25'' and
``1.93'' are revised to read ``4.35'' and ``1.97'', respectively.
4. In Sec. 642.28, as published as a proposed rule on June 1, 1994
(59 FR 28330), in paragraphs (a)(1) and (a)(2), ``50 percent'' is
revised to read ``75 percent''; and paragraph (b)(1) is revised to read
as follows:
Sec. 642.28 Additional limitations for Gulf group king mackerel in the
eastern zone.
* * * * *
(b) * * *
(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
permit with a gillnet endorsement has been issued under Sec. 642.4,
(i) From July 1, each fishing year, until 90 percent of the sub-
zone's king mackerel quota for vessels fishing with run-around gillnets
has been harvested--in amounts not exceeding 25,000 lb (11,340 kg) of
king mackerel per day; and
(ii) From the date, each fishing year, that 90 percent of the sub-
zone's king mackerel quota for vessels fishing with run-around gillnets
has been harvested 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 15,000 lb
(6,804 kg) per day.
* * * * *
[FR Doc. 94-19318 Filed 8-8-94; 8:45 am]
BILLING CODE 3510-22-P
