[Federal Register Volume 60, Number 25 (Tuesday, February 7, 1995)]
[Rules and Regulations]
[Pages 7134-7136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2893]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 642

[Docket No. 950201032-5032-01; I.D. 011095C]
RIN 0648-AH25


Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
South Atlantic; Additional King Mackerel Quota

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Emergency interim rule.

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SUMMARY: NMFS publishes this emergency interim rule to add to the 
commercial quota for the hook-and-line fishery in the Florida west 
coast sub-zone of the Gulf migratory group of king mackerel, reopen 
that fishery under the additional quota, and implement a vessel 
possession limit of 125 king mackerel per trip during the period that 
the fishery remains open. This rule responds to an economic and social 
emergency in the commercial fishery for Gulf group king mackerel off 
the southwest coast of Florida caused by the unforeseen harvest of most 
of the quota by the fishery off Florida's northwest coast.

EFFECTIVE DATE: February 1, 1995 through May 8, 1995.

ADDRESSES: Copies of documents supporting this action, including an 
environmental assessment, may be obtained from Mark F. Godcharles, 
Southeast Regional Office, NMFS, 9721 Executive Center Drive N., St. 
Petersburg, FL 33702. Copies of a minority report from the Gulf of 
Mexico Fishery Management Council are also available from this address.

FOR FURTHER INFORMATION CONTACT: Mark F. Godcharles, 813-570-5305.

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 Fishery Management Plan for the Coastal Migratory Pelagic Resources 
of the Gulf of Mexico and South Atlantic (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).
    The 1994-95 fishing year quota for the commercial hook-and-line 
fishery for Gulf group king mackerel in the Florida west coast sub-zone 
was reached and the fishery was closed on December 20, 1994 (59 FR 
66276, December 23, 1994). Landings estimates for the west coast sub-
zone show disproportionate catches between Florida's northwest and 
southwest coast fisheries. Most of the 432,500-lb (196,179-kg) west 
coast sub-zone quota was taken off northwest Florida before the 
traditional and principal fishery in southwest Florida could take its 
usual catch. The unusually high northwest Florida king mackerel 
landings this fishing year represent an almost fourfold increase in 
production over last year (about 400,000 lbs (181,437 kg) compared to 
last year's 100,000-lb (45,359 kg) catch), and are attributable to 
increased fishing effort. Fleet size of major harvesters doubled from 
21 to 51 vessels since last fishing year, and uncommon fall weather 
provided favorable fishing conditions in the northeastern Gulf of 
Mexico through mid-December 1994. Prolonged warm fall weather also was 
responsible for a delay in the timing of the usual migration of king 
mackerel from the northeastern Gulf to overwintering grounds off 
southwest Florida.
    The significantly reduced catch caused by the unforeseen harvest of 
most of the quota by the fishery off Florida's northwest coast has 
created a social and economic emergency. Accordingly, the Gulf of 
Mexico Fishery Management Council (Council) requested that NMFS 
implement an emergency interim rule to add 300,000 lbs (136,078 kg) to 
the commercial quota and reopen the commercial hook-and-line king 
mackerel fishery in the Florida west coast sub-zone, which encompasses 
that part of the exclusive economic zone (EEZ) from the Alabama/Florida 
boundary (87 deg.31'06'' W. long.) to the Dade/Monroe County, FL, 
boundary (25 deg.20.4' N. lat.). The commercial hook-and-line fishery 
will remain open during the period of this emergency or until the date 
NMFS determines that the revised quota of 732,500 lb (332,256 kg) has 
been reached or is projected to be reached, whichever comes first. 
Harvests of king mackerel from the open area are limited to 125 fish 
per vessel per trip.
    The Council and NMFS have concluded that the present fishery 
situation constitutes a social and economic emergency that is properly 
addressed by this emergency interim rule. The emergency situation: (1) 
Results from recent, unforeseen events; [[Page 7135]] (2) is causing 
serious economic and social problems in the fishery; and (3) justifies 
an emergency interim rule that would have immediate benefits 
outweighing the value of prior notice and an opportunity for public 
comment and deliberative consideration provided under the normal FMP 
amendment and rulemaking process. The basis for these conclusions is 
summarized in the following paragraphs.
    Fishermen in the hook-and-line commercial fishery for Gulf group 
king mackerel fishery off the southwest coast of Florida will suffer 
undue social and economic hardships unless timely action is taken to 
allow additional king mackerel catches during the 1994-95 fishing year. 
A substantial portion of these fishermen's annual income is earned 
during the winter season (November to March) fishing for king mackerel. 
Record low catches this fishing year have provided insufficient 
revenues to meet usual living and business expenses.
    Opportunities to offset lost income by prosecuting other fisheries 
are limited and not readily available to these fishermen. Other 
fisheries in which presently owned gear could be used or converted for 
use are mostly overcapitalized, unavailable, or most of the seasonal 
catch already has been harvested.
    Events and circumstances that caused the disproportionately low 
catches of king mackerel off Florida's southwest coast this winter to 
date were essentially unforeseen and uncontrollable. The unprecedented 
large catches of king mackerel taken off northwest Florida this fishing 
year resulted significantly from an increased fishing effort in that 
area (i.e., a doubling of the northwest Florida king mackerel fishing 
fleet) that could not be restrained under current FMP measures and 
implementing regulations. The fourfold increase in fishery production 
and the taking of most of the 432,500-lb (196,179-kg) hook-and-line 
west coast sub-zone quota off northwest Florida also resulted from a 
prolonged fall fishing season, the absence of vessel trip/possession 
limits and regional quotas, and delayed migration of king mackerel to 
traditional overwintering grounds off southwest Florida.
    The disproportionately large king mackerel catch this fishing year 
in Florida's northwest fishery is substantially different from recent 
years. During previous fishing years, both before and after the 
institution of quota management under the FMP, the major portion of the 
annual harvest of the Gulf group king mackerel west coast sub-zone 
quota was taken off southwest Florida. This distribution of harvest, 
evident since the early 1900s, has been dependent on a seasonal 
abundance of king mackerel on overwintering grounds off southwest 
Florida. As a result of this historic pattern, the southwest Florida 
fishing industry has developed a significant seasonal dependence on 
this resource.
    The immediate social and economic benefits of adding to the 
commercial quota for the hook-and-line fishery in the Florida west 
coast sub-zone and reopening that fishery during this winter season 
outweigh the value of providing opportunity for advance public review 
and comment.
    NMFS has concluded that this emergency action will not adversely 
affect the current status of the Gulf group king mackerel stock nor its 
rebuilding under the program established by the FMP. The additional 
300,000-lb commercial quota for king mackerel for the Florida west 
coast sub-zone does not significantly increase the level of risk of 
exceeding the acceptable biological catch (ABC) for the 1994-95 fishing 
year. In addition, estimates indicate that recreational catches did not 
exceed, but rather were 20 percent (about 700,000 lb (317,515 kg)) 
below, the 1994-95 recreational allocation of 5.3 million lb (2.4 
million kg). As a result, NMFS believes that the additional quota 
allocation should not measurably affect the stock rebuilding program, 
which requires the overfished stock to be rebuilt within about one 
generation time (i.e., within 12 years or by the end of 1996-97 fishing 
year).
    If future changes in total allowable catch (TAC) for Gulf group 
king mackerel are necessary, as may be determined based on subsequent 
NMFS scientific stock assessments, the Council will make the necessary 
adjustments in TAC for the appropriate fishing year to ensure 
maintenance of the stock rebuilding schedule. Any future changes in TAC 
will be based not only on any measurable effects of this emergency 
action, but on the Council's continuing assessment of the levels of 
biological risk associated with the TAC of 7.8 million lb (3.5 million 
kg) implemented for the past 3 fishing years. The Council will also 
consider the impact of persistent quota overruns, which have occurred 
since the beginning of quota management. Finally, to avoid future 
emergency situations of this nature, the Council is initiating action 
that will ensure an equitable distribution of the catch between the 
regional fisheries within the Florida west coast sub-zone that share 
the hook-and-line commercial quota for Gulf group king mackerel.
    The Gulf group king mackerel stock has been considered overfished 
according to the FMP's definition of overfishing. The FMP defines 
overfishing as harvesting at a rate not consistent with the stock 
rebuilding schedule and its target level for stock size. The FMP also 
requires the Council to develop annual ABC ranges based on a fishing 
mortality rate that will achieve and maintain at least a minimum 
specified spawning potential ratio (SPR) of 30 percent. Under this 
management approach, the adult spawning stock biomass and the annual 
ABCs for Gulf group king mackerel have continued to increase during the 
last nine years of FMP quota management. In addition, a recent workshop 
of stock assessment biologists concluded that the SPR of 30 percent may 
be too high a threshold, and that a SPR of 20 percent is more 
appropriate. Due to this new scientific finding, and to the overall 
improved condition of the resource, the Council's mackerel stock 
assessment panel is expected to consider a reduction in the SPR level 
in 1995. Under a SPR of 20 percent, the Gulf group king mackerel 
arguably should no longer be considered overfished.
    One Gulf Council member submitted a minority report objecting to 
the request for emergency action. A copy of this report is available 
upon request (see ADDRESSES).
    The Council believes that emergency action is an appropriate means 
to provide expedient relief from the current social and economic 
problems in the fishery. NMFS concurs. Accordingly, NMFS publishes this 
emergency interim rule, effective February 1, 1995, through May 8, 
1995, as authorized by section 305(c) of the Magnuson Act. By agreement 
of NMFS and the Council, this emergency interim rule may be extended 
for an additional period of 90 days.

Classification

    The Assistant Administrator for Fisheries, NOAA, (AA) has 
determined that this rule is necessary to respond to an emergency 
situation and is consistent with the Magnuson Act and other applicable 
law.
    This emergency interim rule has been determined to be not 
significant for purposes of Executive Order 12866.
    The AA finds for good cause under 5 U.S.C. 553(b)(B) that the need 
to relieve social and economic hardships in the Gulf of Mexico mackerel 
fishery makes it impracticable and contrary to the public interest to 
provide prior notice and opportunity for public comment on this rule. 
Because this rule relieves a restriction, under 5 U.S.C. 553(d)(1) it 
is [[Page 7136]] not subject to a 30-day delay in effective date and is 
being made effective immediately.

List of Subjects in 50 CFR Part 642

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: February 1, 1995.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 642 is 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. 642.7, new paragraph (y) is added to read as follows:


Sec. 642.7  Prohibitions.

* * * * *
    (y) In the Florida west coast subzone--
    (1) Exceed the trip/possession limit for king mackerel, as 
specified in Sec. 642.32(b)(1); or
    (2) Transfer king mackerel at sea, as specified in 
Sec. 642.32(b)(4).
    3. In subpart B, new Sec. 642.32 is added to read as follows:


Sec. 642.32  Opening of the commercial king mackerel fishery for Gulf 
group king mackerel.

    (a) Other provisions of this part 642 notwithstanding, the 
commercial fishery for king mackerel for vessels fishing under an 
annual vessel permit specified in Sec. 642.4(a)(1) with hook-and-line 
gear in the Florida west coast subzone is opened under a revised quota 
of 732,500 lb (332,256 kg) for the 1994-95 fishing year.
    (b) During the opening of the commercial fishery for Gulf group 
king mackerel specified in paragraph (a) of this section--
    (1) King mackerel in or from the EEZ in the Florida west coast 
subzone may not be possessed aboard or landed from a vessel in a day in 
quantities exceeding 125 fish. A person who fishes in the EEZ may not 
combine this trip/possession limit with any trip or possession limit 
applicable to state waters;
    (2) The provisions of Sec. 642.24(a)(4) regarding sale of fish 
after a closure do not apply to king mackerel harvested by vessels 
fishing under an annual vessel permit specified in Sec. 642.4(a)(1) 
with hook-and-line gear in the Florida west coast subzone.
    (3) The provisions of Sec. 642.26(b) regarding fishing for, 
retention of, and sale of fish after a closure do not apply to king 
mackerel harvested by vessels fishing under an annual vessel permit 
specified in Sec. 642.4(a)(1) with hook-and-line gear in the Florida 
west coast subzone; and
    (4) A person for whom the trip/possession limit specified in 
paragraph (b)(1) of this section applies may not transfer at sea from 
one vessel to another a king mackerel--
    (i) Taken in the EEZ, regardless of where such transfer takes 
place; or
    (ii) In the EEZ, regardless of where such king mackerel was taken.
    (c) The Assistant Administrator will close the commercial fishery 
for king mackerel for vessels fishing with hook-and-line gear in the 
Florida west coast subzone when he determines that the revised quota 
specified in paragraph (a) of this section has been reached or is 
projected to be reached. The Assistant Administrator will file a 
notification of that date with the Office of the Federal Register.
    (d) For the purposes of this section, the Florida west coast 
subzone extends from the Alabama/Florida boundary (87 deg.31'06'' W. 
long.) to the Dade/Monroe County, FL, boundary (25 deg.20.4' N. lat.).

[FR Doc. 95-2893 Filed 2-1-95; 4:58 pm]
BILLING CODE 3510-22-P