[Federal Register Volume 60, Number 199 (Monday, October 16, 1995)]
[Proposed Rules]
[Pages 53576-53577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25526]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 642

[Docket No. 951005246-5246-01; I.D. 072895B]
RIN 0648-AI12


Fisheries for the Gulf of Mexico and South Atlantic Migratory 
Groups of King Mackerel; Control Date

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

ACTION: Advance notice of proposed rulemaking; consideration of a 
control date.

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SUMMARY: This notice announces that the Gulf of Mexico and South 
Atlantic Fishery Management Councils (Councils) are considering whether 
there is a need to impose additional management measures limiting entry 
into the fisheries for the Gulf of Mexico and South Atlantic migratory 
groups of king mackerel in the exclusive economic zone (EEZ) in the 
Gulf of Mexico and South Atlantic, and, if there is a need, what 
management measures should be imposed. If it is determined that there 
is a need to impose additional management measures, the Councils may 
initiate a rulemaking to do so. Possible measures include the 
establishment of a limited entry program to control participation or 
effort in the commercial and for-hire (charter and headboat) fisheries 
for Gulf group king mackerel and for the commercial fisheries for 
Atlantic group king mackerel. If a limited entry program is 
established, the Councils are considering October 16, 1995, as a 
possible control date. Consideration of a control date is intended to 
discourage new entry into the fisheries based on economic speculation 
during the Councils deliberation on the issues.

DATES: Comments must be submitted by November 15, 1995.

ADDRESSES: Comments should be directed to the Gulf of Mexico Fishery 
Management Council, 5401 West Kennedy Boulevard, Suite 331, Tampa, FL 
33609 or the South Atlantic Fishery Management Council, Southpark 
Building, One Southpark Circle, Suite 306, Charleston, SC 29407-4699.

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

SUPPLEMENTARY INFORMATION: The Fishery Management Plan for the Coastal 
Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic 
(FMP), developed by the Gulf of Mexico and South Atlantic Councils, is 
implemented through regulations at 50 CFR part 642 under the authority 
of the Magnuson Fishery Conservation and Management Act. For management 
purposes, the FMP recognizes two migratory groups of king mackerel: The 
Atlantic and Gulf of Mexico groups. The management area for the Gulf of 
Mexico migratory group (Gulf group) extends from the United States/ 
Mexico border to the Florida seasonal boundaries: Flagler/Volusia 
County off Florida's northeast coast from November 1 through March 31 
and Collier/Monroe County off Florida's southwest coast from April 1 
through October 31. The management area for the Atlantic migratory 
group (Atlantic group) extends from the Florida seasonal boundaries to 
the New York/Connecticut border.
    To rebuild overfished stocks, the Gulf Council has recommended 
implementation of restrictive total allowable catches (TACs) since 1985 
to constrain harvest of Gulf group king mackerel. Recently, the South 
Atlantic Council recommended lowering the TAC for the Atlantic group 
for the 1995-

[[Page 53577]]
96 fishing year to a level that provides a commercial allocation (2.7 
million lb (1.2 million kg)) that has been reached or exceeded in 4 of 
the past 9 years under FMP quota management. Despite these 
restrictions, participation in the commercial and recreational 
fisheries has continued to increase. From 1988 to 1994, the total 
number of vessels holding Federal commercial mackerel permits increased 
102 percent, from 1,280 to 2,588. The commercial fleet has demonstrated 
capacity to harvest quotas for the Gulf group quickly when king 
mackerel become seasonally available.
    The Gulf Council, with some success, has employed area and gear 
allocations and trip limits to equitably distribute the king mackerel 
catch throughout the season among an increasing number of participants. 
As a result of recent quota reductions, the South Atlantic Council is 
considering similar measures for the Atlantic group king mackerel. 
Despite the implementation of regulations to control harvest and user 
groups, unexpected shifts in effort and quota distribution and early 
closures of Gulf group fisheries have required emergency actions to 
avert potential negative socioeconomic impacts. In recent years, the 
western zone (state and Federal waters off Texas, Louisiana, 
Mississippi, and Alabama) quota has been taken in about 3 months (July 
through September), and this year it was taken by September 4, 1995, 
just over two months after the July 1 fishery opening. The two newly 
established gear quotas for the Florida west coast sub-zone for the 
Gulf group also are taken quickly. The gillnet quota (432,500 pounds) 
was taken last season in less than 3 weeks in January after migrating 
fish became available on south Florida's overwintering grounds. Also, 
the hook-and-line quota (432,500 lb (196,179 kg)) was taken mostly off 
northwest Florida early in the season as a result of an unexpected 
increase in fishing effort. Subsequently, the fishery was closed 
December 20, 1994, before king mackerel migrated to traditional fishing 
grounds off southwest Florida. To avert socioeconomic hardships among 
southwest Florida participants, the fishery was reopened by emergency 
rulemaking from February 1-21 with a 300,000-lb (136,078-kg) 
supplemental quota.
    In 1995, the Gulf Council's industry advisory panel requested that 
the Gulf Council consider a long-term solution to management problems 
resulting from increased participation in the fishery. The panel 
suggested development of limited access alternatives, and the Gulf 
Council's Socioeconomic Panel also recommended a limited access 
program. The Gulf and South Atlantic Councils previously considered 
these management approaches and established a control date of July 2, 
1993 (58 FR 35914, July 2, 1993) for king and Spanish mackerel in the 
Gulf of Mexico and Atlantic. The July 2, 1993, control date remains in 
effect for the Gulf and Atlantic groups of Spanish mackerel. Subsequent 
efforts to develop limited access alternatives were delayed or 
deferred.
    Implementation of an effort limitation program for the EEZ would 
require preparation of an FMP amendment by both Councils and 
publication of a proposed implementing rule with a public comment 
period. NMFS' approval of the amendment and issuance of a final rule 
would also be required.
    As the Councils consider management options, including limited 
entry or access-controlled regimes, some fishermen who do not currently 
harvest Gulf or Atlantic group king mackerel, and have never done so, 
may decide to enter the fishery for the sole purpose of establishing a 
record of commercial landings or for-hire recreational participation. 
When management authorities begin to consider use of a limited access 
management regime, this kind of speculative entry often is responsible 
for a rapid increase in fishing effort in fisheries that are already 
fully developed or overdeveloped. The original fishery problems, such 
as overcapitalization or overfishing, may be exacerbated by the entry 
of new participants.
    In order to avoid this problem, if management measures to limit 
participation or effort in the fishery are determined to be necessary, 
the Councils are considering October 16, 1995, as the control date. 
After that date, anyone entering the commercial or for-hire (charter 
and headboat) fisheries for Gulf group king mackerel or the commercial 
fishery for Atlantic group king mackerel may not be assured of future 
participation in the respective fishery if a management regime is 
developed and implemented limiting the number of fishery participants.
    Consideration of a control date does not commit the Councils or 
NMFS to any particular management regime or criteria for entry into the 
fisheries for Gulf or Atlantic group king mackerel. Fishermen are not 
guaranteed future participation in these fisheries regardless of their 
entry date or intensity of participation in these fisheries before or 
after the control date under consideration. The Councils may 
subsequently choose a different control date or they may choose a 
management regime that does not make use of such a date. The Councils 
may choose to give variably weighted consideration to fishermen active 
in the fisheries before and after the control date. Other qualifying 
criteria, such as documentation of commercial landings and sales and 
for-hire charter and headboat participation, may be applied for entry. 
The Councils also may choose to take no further action to control entry 
or access to the fishery, in which case the control date may be 
rescinded.

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

    Dated: October 10, 1995.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 95-25526 Filed 10-13-95; 8:45 am]
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