[Federal Register Volume 60, Number 149 (Thursday, August 3, 1995)]
[Proposed Rules]
[Pages 39698-39700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19038]



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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 642

[Docket No. 950725189-5189-01; I.D. 062795A]
RIN 0648-XX24


Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
South Atlantic; Changes in Catch Limits

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

ACTION: Proposed rule.

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

SUMMARY: NMFS proposes changes in the management regimes for the 
Atlantic migratory groups of king and Spanish mackerel and the Gulf 
group of king mackerel, in accordance with the framework procedure for 
adjusting management measures for the Fishery Management Plan for the 
Coastal Migratory Pelagic Resources (FMP). For Atlantic group king 
mackerel, this rule proposes changes in the total allowable catch 
(TAC), establishment of commercial vessel trip limits, and reduction of 
the recreational bag limit; for Atlantic group Spanish mackerel, 
increases in the TAC and allocations; and for Gulf group king mackerel, 
changes in the commercial vessel trip limits. The intended effect of 
this rule 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 18, 1995.

ADDRESSES: Comments must be mailed to Mark F. Godcharles, Southeast 
Region, National Marine Fisheries Service, 9721 Executive Center Drive 
N., St. Petersburg, FL 33702.
    Requests for copies of the environmental assessment and regulatory 
impact review supporting aspects of this action relating to Gulf group 
mackerel should be sent to the Gulf of Mexico Fishery Management 
Council, 5401 W. Kennedy Boulevard, Suite 331, Tampa, FL 33609-2486. 
Requests for comparable documents relating to Atlantic group mackerel 
should be sent to the South Atlantic Fishery Management Council, 
Southpark Building, One Southpark Circle, Suite 306, Charleston, SC 
29407-4699.

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

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 1995 report and recommendations, 
advice from the Mackerel Advisory Panels (MAPs) and the Scientific and 
Statistical Committees (SSCs), 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, reduction of the 
recreational bag limit in the northern area and establishment of 
commercial trip limits for Atlantic group king mackerel, and changes in 
the commercial trip limits for Gulf group king mackerel in the 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 1995-96 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, 1995, the annual TAC for the Atlantic 
migratory group of Spanish mackerel be increased from 9.20 million lb 
(4.17 million kg) to 9.40 million lb (4.26 million kg) and the annual 
TAC for the Atlantic migratory group of king mackerel be decreased from 
10.00 million lb (4.54 million kg) to 7.30 million lb (3.31 million 
kg). These recommended TACs are within the range of the acceptable 
biological catch chosen by the Councils and represent a conservative 
approach supported by their SSCs and MAPs. 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, 1995, would be 
allocated as follows:

                                                                        

[[Page 39699]]
------------------------------------------------------------------------
                       Species                          m. lb     m. kg 
------------------------------------------------------------------------
Atlantic Spanish Mackerel--TAC......................      9.40      4.26
                                                     -------------------
  Recreational allocation (50%).....................      4.70      2.13
  Commercial allocation (50%).......................      4.70      2.13
Atlantic King Mackerel--TAC.........................      7.30      3.31
                                                     -------------------
  Recreational allocation (62.9%)...................      4.60      2.09
  Commercial allocation (37.1%).....................      2.70      1.22
------------------------------------------------------------------------


    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 (250.00 lb) (113.40 kg) 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. Along with the increased commercial allocation, 
the Councils recommended that the adjusted allocation be increased from 
4.35 million lb (1.97 million kg) to 4.45 million lb (2.02 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 are specific for Florida east and west 
coast sub-zones and respective quotas. For the Florida east coast sub-
zone, the Councils proposed that the commercial vessel trip limit of 50 
king mackerel per day would not be reduced if 75 percent of the sub-
zone's fishing year quota is not harvested before March 1, but would 
remain at 50 king mackerel per day until the entire quota has been 
harvested or until March 31, whichever occurs first. Currently, the 
trip limit is reduced from 50 to 25 fish per day when 75 percent of the 
quota is taken and remains at that level until the entire quota has 
been harvested or until March 31, whichever occurs first. Last season's 
projected harvest did not reach 75 percent of the quota until the end 
of the season; therefore, the trip limit was not reduced to 25 king 
mackerel per day. The Florida east coast sub-zone exists November 1 
through March 31 and encompasses the waters off the Florida east coast 
from a line extending directly east from the Dade/Monroe County 
boundary to a line extending directly east from the Volusia/Flagler 
County boundary.
    For the Florida west coast sub-zone, the Councils recommended daily 
trip limits for vessels harvesting king mackerel under the hook-and-
line quota; no trip limits were in effect last season. The daily 
possession/landing limit for a vessel using hook-and-line gear, holding 
a Federal commercial mackerel permit would be 125 fish for the taking 
of the first 75 percent of the hook-and-line quota, then be reduced to 
50 fish until the entire quota has been harvested. From November 1 
through March 31, the Florida west coast sub-zone encompasses the 
waters off the southeast, south, and west coasts of Florida from the 
Dade/Monroe County boundary to a line extending directly south from the 
Alabama/Florida boundary. 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).
    For the Atlantic group king mackerel, the Councils recommended 
daily trip limits for vessels harvesting under the commercial 
allocation. Previously this segment of the fishery has not had trip 
limits. The commercial trip limits were proposed to prevent a likely 
closure, to distribute catch among user groups, and to minimize ongoing 
user-group conflicts and those that would result if new entrants 
displaced by Florida's inshore net prohibition would cause a large 
shift in effort. The daily possession/landing limit for a vessel using 
non-prohibited gear holding a Federal commercial mackerel permit would 
be 3,500 lb (1,588 kg) of king mackerel, in or from the exclusive 
economic zone (EEZ), year-round in the northern area between the New 
York/Connecticut and Flagler/Volusia County, FL boundaries. Off Volusia 
County, FL, the daily trip limit would be 3,500 lb (1,588 kg) of king 
mackerel, in or from the EEZ, from April 1 through October 31. South of 
there, between the Volusia/Brevard and Monroe/Collier County 
boundaries, a daily trip limit of 50 king mackerel in or from the EEZ 
would be effective April 1 through October 31. All trip limits proposed 
for the Atlantic group king mackerel are daily landing/possession 
limits that would reduce to zero for that group whenever the annual 
commercial allocation is reached.
    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. In addition to these changes, Sec. 642.28(b) 
has been revised and reformatted to improve clarity.

Classification

    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Assistant General Counsel for Legislation and Regulation 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 commercial trip limits for the east coast 
sub-zone of Gulf king mackerel are expected to result in a slight 
increase in economic benefits; west coast sub-zone trip limits are 
expected to have favorable distributional effects but perhaps minor 
adverse impacts on short-term profitability. Commercial trip limits for 
Atlantic group king mackerel should result in small increases in long-
term benefits to the industry. The proposed reduction in TAC for 
Atlantic group king mackerel is not expected to affect revenues of 
small entities, because the reduced level is consistent with catch 
levels in recent years. The reduction in the recreational bag limit for 
Atlantic group king mackerel is expected to affect only a small portion 
of recreational anglers. The minor increase in TAC for Atlantic group 
Spanish mackerel would increase revenues to the commercial sector 
slightly. 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: July 27, 1995.
Richard B. Stone,
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.

 
[[Page 39700]]

    2. In Sec. 642.7, paragraphs (q) through (u) are revised to read as 
follows:


Sec. 642.7  Prohibitions.

* * * * *
    (q) Exceed a commercial trip limit for Atlantic group king or 
Spanish mackerel, as specified in Sec. 642.27(a) or (b).
    (r) Transfer at sea from one vessel to another an Atlantic group 
king or Spanish mackerel subject to a commercial trip limit, as 
specified in Sec. 642.27(f).
    (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), (b)(1), or (b)(2), 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, aboard a vessel for which a 
commercial permit for king and Spanish mackerel with a gillnet 
endorsement has been issued, retain Gulf group king mackerel in or from 
the EEZ harvested with gear other than run-around gillnet, as specified 
in Sec. 642.28(b)(1)(ii)(C).
* * * * *
    3. In Sec. 642.24, paragraph (a)(1)(ii)(A) is revised to read as 
follows:


Sec. 642.24  Bag and possession limits.

    (a) * * *
    (1) * * *
    (ii) * * *
    (A) Northern area--five per person through December 31, 1995; three 
per person thereafter.
* * * * *


Sec. 642.25  [Amended]

    4. In Sec. 642.25, in paragraph (a)(2), the numbers ``3.71'' and 
``1.68'' are revised to read ``2.70'' and ``1.22'', respectively and in 
paragraph (b)(2), the numbers ``4.60'' and ``2.09'' are revised to read 
``4.70'' and ``2.13'', respectively.
    5. In Sec. 642.27, paragraphs (a) through (e) are redesignated as 
paragraphs (b) through (f), respectively; in newly redesignated 
paragraphs (c) and (d), the references to ``paragraph (a)(2) of this 
section'' are revised to read ``paragraph (b)(2) of this section''; in 
newly redesignated paragraph (c) the numbers ``4.35'' and ``1.97'' are 
revised to read ``4.45'' and ``2.02'', respectively; the reference in 
newly redesignated paragraph (f) introductory text and in newly 
redesignated paragraph (f)(2), ``Spanish mackerel'' is revised to read 
``king or Spanish mackerel''; the section heading is revised; paragraph 
(a) is added; and a paragraph heading is added to newly redesignated 
paragraph (b) to read as follows:


Sec. 642.27  Commercial trip limits for Atlantic group king and Spanish 
mackerel.

    (a) Atlantic group king mackerel. (1) North of a line extending 
directly east from the Volusia/Flagler County, Florida boundary 
(29 deg.25' N. lat.) to the outer limit of the EEZ, king mackerel in or 
from the EEZ may not be possessed aboard or landed from a vessel in a 
day in amounts exceeding 3,500 lb (1,588 kg).
    (2) In the area between lines extending directly east from the 
northern and southern boundaries of Volusia County, Florida (29 deg.25' 
N. lat. and 28 deg.47.8' N. lat., respectively) to the outer limit of 
the EEZ, king mackerel in or from the EEZ may not be possessed aboard 
or landed from a vessel in a day in amounts exceeding 3,500 lb (1,588 
kg) from April 1 through October 31.
    (3) In the area between lines extending directly east from the 
Volusia/Brevard County, Florida boundary (28 deg.47.8' N. lat.) to the 
outer limit of the EEZ and directly west from the Monroe/Collier 
County, Florida boundary (25 deg.48' N. lat.) to the outer boundary of 
the EEZ, king mackerel in or from the EEZ may not be possessed aboard 
or landed from a vessel in a day in amounts exceeding 50 fish from 
April 1 through October 31.
    (b) Atlantic group Spanish mackerel. * * *
* * * * *
    6. In Sec. 642.28, a sentence is added at the end of paragraph 
(a)(2), and paragraph (b) and paragraph (e) introductory text, are 
revised to read as follows:


Sec. 642.28  Additional limitations for Gulf group king mackerel in the 
eastern zone.

    (a) * * *
    (2) * * * However, if 75 percent of the sub-zone's quota has not 
been harvested by March 1, the vessel limit remains at 50 king mackerel 
per day until the sub-zone's quota is filled or until March 31, 
whichever occurs first.
    (b) Florida west coast sub-zone--(1) Gillnet gear. (i) 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.
    (ii) In the Florida west coast sub-zone:
    (A) 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;
    (B) 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); and
    (C) King mackerel in or from the EEZ harvested with gear other than 
run-around gillnet may not be retained aboard a vessel for which such 
commercial permit with endorsement has been issued.
    (2) Hook-and-line gear. In the Florida west coast sub-zone, king 
mackerel in or from the EEZ may be possessed aboard or landed from a 
vessel permitted under Sec. 642.4(a)(1) and operating under the 
commercial hook-and-line gear quota in Sec. 642.25(a)(1)(i)(B)(1):
    (i) From July 1, each fishing year, until 75 percent of the sub-
zone's hook-and-line gear quota has been harvested--in amounts not 
exceeding 125 king mackerel per day; and
    (ii) From the date that 75 percent of the sub-zone's hook-and-line 
gear quota has been harvested until a closure of the west coast sub-
zone's hook-and-line fishery has been effected under Sec. 642.26--in 
amounts not exceeding 50 king mackerel per day.
* * * * *
    (e) Transfer at sea. A person for whom a trip limit specified in 
paragraph (a), (b)(1)(i), or (b)(2) of this section or a gear 
limitation specified in paragraph (b)(1)(ii)(A) of this section applies 
may not transfer at sea from one vessel to another a king mackerel:
* * * * *
[FR Doc. 95-19038 Filed 8-2-95; 8:45 am]
BILLING CODE 3510-22-W