[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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