[Federal Register Volume 59, Number 203 (Friday, October 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26119]

[[Page Unknown]]

[Federal Register: October 21, 1994]


50 CFR Part 642

[Docket No. 940710-4292; 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: Final rule.


SUMMARY: In accordance with the framework procedure for adjusting 
management measures of the Fishery Management Plan for the Coastal 
Migratory Pelagic Resources (FMP), NMFS changes the total allowable 
catch for the Atlantic groups of king and Spanish mackerel and changes 
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.
EFFECTIVE DATE: November 21, 1994.

FOR FURTHER INFORMATION CONTACT: Mark F. Godcharles, 813-570-5306.

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 
recommended, and NMFS published, a proposed rule to change certain 
management measures applicable to the Atlantic groups of king and 
Spanish mackerel and Gulf group king mackerel (59 FR 40509, August 9, 
1994). That proposed rule (1) described the FMP framework procedures 
through which the Councils recommended the changes, (2) specified the 
recommended changes, and (3) described the need and rationale for the 
recommended changes. Those descriptions are not repeated here.
    No comments were received on the proposed rule.

Partial Disapproval

    The Director, Southeast Region, NMFS, concurs that the Councils' 
recommendations are necessary to protect the stocks and prevent 
overfishing and that they are consistent with the objectives of the 
FMP, the Magnuson Act, and other applicable law, except for one of the 
recommendations. For the Florida west coast sub-zone, the Councils 
recommended a reduction in the daily trip limits for king mackerel, 
applicable to fishing with run-around gillnets, when 90 percent of the 
quota is reached. The trip limits were to be reduced from 25,000 lb 
(11,340 kg) to 15,000 lb (6,804 kg). NMFS finds that a reduction of the 
trip limits at that time would be impractical because the remaining 10 
percent of the quota (43,250 lb (19,618 kg)) could be exceeded by the 
trip-limit landings of three vessels. If a substantial number of the 15 
vessels expected to be in the gillnet fishery in that sub-zone were to 
make one trip under the reduced trip limits, the quota would be 
significantly exceeded before the fishery could be closed. A measure 
that increases the likelihood of a quota overrun would be inconsistent 
with national standard 1, which requires that management measures 
prevent overfishing while achieving, on a continuing basis, the optimum 
yield from the fishery.

Changes from the Proposed Rule

    For the reasons described above, the specification of reduced trip 
limits applicable to king mackerel harvested by run-around gillnets in 
the Florida west coast sub-zone is removed and references to the 
removed paragraph are corrected.


    This final rule is exempt from review under E.O. 12866.
    The Deputy General Counsel of the Department of Commerce certified 
to the Chief Counsel for Advocacy of the Small Business Administration 
that this rule will not have a significant economic impact on a 
substantial number of small entities. The reasons were published in the 
proposed rule (59 FR 40509, August 9, 1994). 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: October 14, 1994.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 642 is amended 
as follows:


    1. The authority citation for part 642 continues to read as 

    Authority: 16 U.S.C. 1801 et seq.

Sec. 642.7  [Amended]

    2. In Sec. 642.7(s), the reference to ``Sec. 642.28(b)(1)(ii)'' is 
removed and the reference ``Sec. 642.28(b)(1)'' is added in its place.

Sec. 642.25  [Amended]

    3. In Sec. 642.25, in paragraph (a)(2), the numbers ``3.90'' and 
``1.77'' are removed and the numbers ``3.71'' and ``1.68'', 
respectively, are added in their place; in paragraph (b)(2), the 
numbers ``4.50'' and ``2.04'' are removed and the numbers ``4.60'' and 
``2.09'', respectively, are added in their place.

Sec. 642.27  [Amended]

    4. In Sec. 642.27, in paragraph (b) the numbers ``4.25'' and 
``1.93'' are removed and the numbers ``4.35'' and ``1.97'', 
respectively, are added in their place.
    5. In Sec. 642.28, in paragraphs (a)(1) and (a)(2), the words ``50 
percent'' are removed and the words ``75 percent'' are added in their 
place; and paragraphs (b)(1) and (c) are 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, 
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.
* * * * *
    (c) Notice of trip limit changes. The Assistant Administrator, by 
filing a document with the Office of the Federal Register, will effect 
the trip limit change specified in paragraph (a) of this section when 
the requisite harvest level has been reached or is projected to be 
* * * * *
[FR Doc. 94-26119 Filed 10-20-94; 8:45 am]