[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