[Federal Register Volume 64, Number 105 (Wednesday, June 2, 1999)]
[Proposed Rules]
[Pages 29622-29625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13960]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 990506120-9120-01; I.D. 020399A]
RIN 0648-AL80


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South 
Atlantic; Catch Specifications

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

ACTION: Proposed rule, request for comments.

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SUMMARY: 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), NMFS proposes to increase the total allowable catch (TAC) for 
Atlantic group king mackerel; decrease TAC for Atlantic group Spanish 
mackerel; revise the commercial trip limits for Atlantic group king 
mackerel off North Carolina and the Mid-Atlantic states, and for Gulf 
group king mackerel off the Florida east coast; establish a trip limit 
for Gulf group king mackerel in the western zone; establish a bag limit 
of zero Gulf group king mackerel for captain and crew on for-hire 
vessels; increase the minimum size limit for Atlantic and Gulf group 
king mackerel; and, for Atlantic group Spanish mackerel, revise the 
allocation of TAC between the commercial and recreational sectors and 
establish an incidental catch allowance for vessels using gillnets with 
a mesh size less than 3.5 inches (8.9 cm). The intended effects of this 
rule are to protect king and Spanish mackerel from overfishing and 
maintain healthy stocks while still allowing catches by important 
commercial and recreational fisheries.

DATES: Written comments must be received on or before June 17, 1999.

ADDRESSES: Comments on the proposed rule must be sent to Mark 
Godcharles, Southeast Regional Office, NMFS, 9721 Executive Center 
Drive N., St. Petersburg, FL 33702.
    Requests for copies of the environmental assessment, social impact 
assessment/fishery impact statement, and regulatory impact review (RIR) 
supporting aspects of this action relating to Atlantic migratory groups 
of king and Spanish mackerel should be sent to the South Atlantic 
Fishery Management Council, Southpark Building, One Southpark Circle, 
Suite 306, Charleston, SC 29407-4699, PHONE: 843-571-4366, FAX: 843-
769-4520. Requests for comparable documents relating to Gulf group king 
mackerel should be sent to the Gulf of Mexico Fishery Management 
Council, 3018 U.S. Highway North, Suite 1000, Tampa, FL, 33619-2266, 
PHONE: 813-228-2815, FAX: 813-225-7015.

FOR FURTHER INFORMATION CONTACT: Mark Godcharles, 727-570-5305.

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 622.
    In accordance with the framework procedures of the FMP, the 
Councils made recommendations in separate regulatory amendments to the 
Regional Administrator, Southeast Region, NMFS (RA). The recommended 
changes are within the scope of the management measures that may be 
adjusted under the framework procedure, as specified in 50 CFR 622.48.

Proposed TACs, Allocations, and Quotas

    The South Atlantic Council recommended that TACs be effective 
immediately for the fishing year in which they are implemented for the 
Atlantic groups of king and Spanish mackerel. The South Atlantic 
Council recommended an increase in the annual TAC for Atlantic group 
king mackerel from 6.80 million lb (3.08 million kg) to 8.40 million lb 
(3.81 million kg).
    For Atlantic group Spanish mackerel, the South Atlantic Council 
recommended a decrease in the annual TAC from 8.00 million lb (3.63 
million kg) to 6.60 million lb (2.99 million kg) and recommended that 
the current 50/50 allocation of TAC between commercial and recreational 
sectors be changed to 55 percent commercial and 45 percent 
recreational. The recreational fishery has consistently failed to reach

[[Page 29623]]

its allocation, and the increased allocation of TAC to the commercial 
sector would allow harvest near levels landed last season.
    Consistent with the FMP's framework procedure, these recommended 
TAC changes are within the range of the acceptable biological catch 
established by the Councils and represent a conservative approach 
supported by their Scientific and Statistical Committees and Mackerel 
Advisory Panels. These TACs are consistent with current stock 
rebuilding programs and with the attainment of optimum yield (OY) for 
Atlantic group king and Spanish mackerel as provided by the FMP. The 
resulting quotas and allocations would be higher than recent harvest 
levels; consequently, no early or unexpected fishery closures or quota/
allocation overruns would be likely.
    Under the provisions of the FMP, the recreational and commercial 
fisheries are allocated a fixed percentage of the TAC. Under the 
established percentages for Atlantic group king mackerel and the 
revised percentages specified for Atlantic group Spanish mackerel in 
this proposed rule, the TACs for the Atlantic groups of king and 
Spanish mackerel would be allocated as follows:

 
------------------------------------------------------------------------
               Species/Migratory Group                 m. lb.     m. kg
------------------------------------------------------------------------
Atlantic Group King Mackerel - TAC..................      8.40      3.81
Recreational allocation (62.9%).....................      5.28      2.40
Commercial quota (37.1%)............................      3.12      1.42
Atlantic Group Spanish Mackerel - TAC...............      6.60      2.99
Recreational allocation (45%).......................      2.97      1.35
Commercial quota (55%)..............................      3.63      1.65
------------------------------------------------------------------------

Atlantic Group Spanish Mackerel: Commercial Vessel Trip Limits and 
Incidental Catch Allowance

    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 trip limits vary depending on the percentage of the adjusted quota 
landed. The adjusted quota is the commercial quota reduced by an amount 
calculated to allow continued harvest 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 quota is reached. 
Along with the reduced commercial quota, the South Atlantic Council 
recommended that the adjusted quota be decreased from 3.75 million lb 
(1.70 million kg) to 3.38 million lb (1.53 million kg).
    The South Atlantic Council also recommended an allowance for 
vessels operating in the South Atlantic or Mid-Atlantic exclusive 
economic zone (EEZ) to possess on board, and land in a day, up to 500 
lb (227 kg) of Spanish mackerel incidentally caught in a gillnet having 
a mesh size less than 3.5 inches (8.9 cm), stretched mesh. The South 
Atlantic Council determined that such an adjustment of the regulations 
would be necessary to preclude discard and waste of Spanish mackerel 
incidentally taken in prohibited gear, maintain the multi-species 
nature of the South and Mid-Atlantic gillnet fisheries, and minimize 
the negative socioeconomic impacts on fishermen involved in these 
fisheries. The proposed incidental catch allowance would continue the 
long-time practice of possessing and landing Spanish mackerel 
incidentally captured in inshore and nearshore gillnet fisheries.

Gulf Group King Mackerel: Commercial Vessel Trip Limits and 
Recreational Bag Limits

    The Gulf Council proposed a 3,000-lb (1,361-kg) commercial trip 
limit for Gulf group king mackerel in the western zone off Texas, 
Louisiana, Mississippi, and Alabama. The Council believes that the trip 
limit would increase the socioeconomic benefits of the available quota, 
reduce the intensity of derby fishing, increase vessel safety, and 
reduce the risks of overfishing king mackerel and other stocks that 
might be targeted after closure of the king mackerel fishery. The 
Council believes that the trip limit would prevent market gluts and 
would stabilize the exvessel value of king mackerel at a higher level 
throughout a longer harvest season. Limiting landings per trip, and 
shortening trip length should result in a higher quality, more valuable 
product.
    The South Atlantic Council proposed to increase the commercial trip 
limit for Gulf group king mackerel in the eastern zone, Florida east 
coast subzone, from 50 to 75 fish per day to optimize the opportunity 
for fishermen to achieve the quota while preventing early season 
closure. The Councils concluded that the 50-fish trip limit was too low 
and would lead to underutilization of the quota.
    The Gulf Council recommended that the daily bag limit for Gulf 
group king mackerel be reduced to zero fish for the captain and crew on 
for-hire vessels. The Gulf Council determined that the zero-fish bag 
limit for captain and crew on for-hire vessels would be necessary to 
reduce harvest and prevent overrun of the recreational allocation and 
TAC. Representatives of the for-hire industry have indicated that the 
sale of king mackerel taken under the recreational bag limit represents 
important income to their businesses.

Atlantic Group King Mackerel: Commercial Vessel Trip Limits

    The South Atlantic Council proposed to reduce the commercial trip 
limit for Atlantic group king mackerel off North Carolina and the Mid-
Atlantic states from 3,500 lb (1,588 kg) to 2,000 lb (907 kg) per day. 
Further, the trip limit would reduce to 1,000 lb (454 kg) per day if 80 
percent of the quota is taken before February 1. In response to 
fishermen's requests, the South Atlantic Council has proposed this 
revision to prevent early closure of the fishery and preserve a portion 
of the quota for the Lenten market that usually provides premium market 
value, an important source of annual income.

Atlantic Group and Gulf Group King Mackerel: Minimum Size Limits

    The Gulf and South Atlantic Councils proposed to increase the 
minimum size limit for Gulf group and Atlantic group king mackerel from 
20 to 24 inches (50.8 to 60.1 cm). Besides reducing harvest of immature 
fish, the increased minimum size limit would decrease recreational 
harvest and prevent overrun of the recreational allocation and TAC.
    The RA initially concurs that the Council's recommendations are 
necessary to protect the king and Spanish mackerel stocks and prevent 
overfishing and that they are consistent with the FMP, the Magnuson-
Stevens Fishery Conservation and Management Act, and other applicable 
law. Accordingly, the Councils' recommended changes are published for 
comment.

Classification

    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
The determination based on the RIR - Threshold Analyses, is summarized 
below. Copies of these analyses are available (see ADDRESSES).

    There are 3,819 commercial fishing and for-hire small business 
entities that have permits to harvest coastal migratory species

[[Page 29624]]

and more than 20 percent of these are expected to be impacted to 
some degree, but not to a significant degree. A Gulf Council 
proposal for a zero bag limit of Gulf group king mackerel for the 
captain and crew of for-hire businesses will have an effect in the 
Florida Keys because some for-hire entities sell fish caught under 
the bag limit, but will have very minor effects in other areas. The 
maximum effect would be to decrease annual gross revenues by 2.6 to 
4.3 percent and that would occur only if all the sales of fish were 
attributed to king mackerel. Both Councils propose to increase the 
minimum size limit for king mackerel from 20 to 24 inches (51 to 61 
cm) fork length (FL). The RIR findings were that most commercial 
catches are composed of fish that exceed 24 inches FL and the 
effects are expected to be negligible. The effect on for-hire 
operations would be a reduction of 10 percent in the recreational 
catch of king mackerel by their clients, but there are a number of 
substitute species, and the overall effect is expected to be small. 
A Gulf Council proposal for a trip limit of 3,000 lb (1361 kg) of 
king mackerel for fishermen in the Gulf western zone would not 
create a revenue impact because the commercial quota would be taken 
with or without the trip limit.
    A South Atlantic Council proposal to increase TAC for Atlantic 
group king mackerel from 6.8 to 8.4 million lb (3.1 to 3.8 million 
kg) may have no effect because the current quota may not be met, but 
could provide for an annual revenue gain of $496,000 if all the 
increased quota is taken. The proposal to change the king mackerel 
trip limit for the North Carolina/Mid-Atlantic area from 3,500 to 
2,000 lb (1,586 to 907 kg) per day, however, has a maximum estimated 
decrease in annual revenue of $57,000 for the fishermen in that 
area.
    The South Atlantic Council proposal to decrease TAC for Atlantic 
group Spanish mackerel from 8.0 to 6.6 million lb (3.6 to 3.0 
million kg) and to change the allocation of TAC to 55 percent 
commercial and 45 percent recreational is expected to result in an 
annual revenue loss of $174,000, if fishing and market conditions 
and implementation of the proposed 3.63 million-lb (1.65 million-kg) 
quota would restrain commercial harvest below the existing 4.0 
million-lb (1.8 million-kg) quota level. Offsetting this potential 
loss in sales is a gain in revenues that would result from the 
proposal to allow a 500-lb (227-kg) take of Atlantic group Spanish 
mackerel incidentally captured in gillnets constructed of webbing 
less than the required minimum stretched mesh size of 3.5 inches 
(8.9 cm).
    None of the proposals described here would result in increased 
compliance costs of reporting or record keeping, and there would be 
no differential large business versus small business impacts because 
the entire population is composed of small businesses. Additionally, 
the proposals would not create new capital costs, and no businesses 
would be expected to cease operations if the proposals are 
implemented.
    None of the proposals are expected to affect changes in revenue 
that would result in a negative effect of greater than 5 percent on 
gross revenues for the identified small businesses. Accordingly, the 
results of the threshold analyses lead to a determination that the 
criteria for a significant impact on a substantial number of firms 
are not met, and an IRFA was not prepared.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping 
requirements, Virgin Islands.

    Dated: May 26, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 622 is 
proposed to be amended as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC

    1. The authority citation for part 622 continues to read as 
follows:

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

    2. In Sec. 622.37, paragraph (c)(2) is revised to read as follows:


Sec. 622.37  Minimum sizes.

* * * * *
    (c) * * *
    (2) King mackerel in the Gulf, South Atlantic, or Mid-Atlantic--24 
inches (61.0 cm), fork length, except that a vessel fishing under a 
quota for king mackerel specified in Sec. 622.42(c)(1) may possess 
undersized king mackerel in quantities not exceeding 5 percent, by 
weight, of the king mackerel on board.
* * * * *
    3. In Sec. 622.39, paragraph (c)(1)(ii) is revised to read as 
follows:


Sec. 622.39  Bag and possession limits.

* * * * *
    (c) * * *
    (1) * * *
    (ii) Gulf migratory group king mackerel--2, except that for an 
operator or crew member of a charter vessel or headboat, the bag limit 
is 0.
* * * * *
    4. In Sec. 622.41, paragraph (c)(3)(ii)(A) is revised to read as 
follows:


Sec. 622.41  Species specific limitations.

* * * * *
    (c) * * *
    (3) * * *
    (ii) * * * (A) The minimum allowable mesh size for a gillnet used 
to fish for Spanish mackerel in the Gulf, Mid-Atlantic, or South 
Atlantic EEZ is 3.5 inches (8.9 cm), stretched mesh.
    (1) A vessel in the Gulf EEZ, or having fished on a trip in the 
Gulf EEZ, with a gillnet on board that has a mesh size less than 3.5 
inches (8.9 cm), stretched mesh, may not possess on that trip any 
Spanish mackerel.
    (2) A vessel in the South Atlantic or Mid-Atlantic EEZ, or having 
fished on a trip in such EEZ, with a gillnet on board that has a mesh 
size less than 3.5 inches (8.9 cm), stretched mesh, may possess or land 
on the day of that trip no more than 500 lb (227 kg) of incidentally 
caught Spanish mackerel.
* * * * *
    5. In Sec. 622.42, paragraphs (c)(1)(ii) and (c)(2)(ii) are revised 
to read as follows:


Sec. 622.42  Quotas.

* * * * *
    (c) * * *
    (1) * * *
    (ii) Atlantic migratory group. The quota for the Atlantic migratory 
group of king mackerel is 3.12 million lb (1.42 million kg). No more 
than 0.40 million lb (0.18 million kg) may be harvested by purse 
seines.
* * * * *
    (2) * * *
    (ii) Atlantic migratory group. The quota for the Atlantic migratory 
group of Spanish mackerel is 3.63 million lb (1.65 million kg).
* * * * *
    6. In Sec. 622.44, paragraphs (a)(1)(i) through (a)(1)(iv) are 
redesignated as paragraphs (a)(1)(ii) through (a)(1)(v), respectively; 
a new paragraph (a)(1)(i) and paragraph (a)(2)(iv) are added; and newly 
redesignated paragraph (a)(1)(ii), paragraph (a)(2) introductory text, 
paragraph (a)(2)(i), paragraph (a)(2)(ii) heading, and the first 
sentence of paragraph (b)(2) are revised to read as follows:


Sec. 622.44  Commercial trip limits.

* * * * *
    (a) * * *
    (1) * * *
    (i) North of a line extending in a direction of 135 deg.34'55'' 
from true north from the North Carolina/South Carolina boundary, as 
marked by the border station on Bird Island at 33 deg.51'07.9'' N. 
lat., 78 deg.32'32.6'' W. long., king mackerel in or from the EEZ may 
not be possessed on board or landed from a vessel in a day:
    (A) From April 1, each fishing year, until 80 percent of the quota 
has been harvested--in amounts exceeding 2,000 lb (907 kg) per day.
    (B) From the date that 80 percent of the quota has been harvested, 
until a closure of the fishery has been effected under Sec. 622.43(a)--
in amounts exceeding 1,000 lb (454 kg) per day.
    (ii) In the area between 29 deg.25' N. lat. (which is a line 
directly east from the

[[Page 29625]]

Flagler/Volusia County, FL, boundary) and a line extending in a 
direction of 135 deg.34'55'' from true north from the North Carolina/
South Carolina boundary, as marked by the border station on Bird Island 
at 33 deg.51'07.9'' N. lat., 78 deg.32'32.6'' W. long., king mackerel 
in or from the EEZ may not be possessed on board or landed from a 
vessel in a day in amounts exceeding 3,500 lb (1,588 kg).
* * * * *
    (2) Gulf Group. Commercial trip limits are established in the 
eastern and western zones as follows. (See Sec. 622.42(c)(1)(i) for 
specification of the eastern and western zones and 
Sec. 622.42(c)(1)(i)(A)(3) for specifications of the subzones in the 
eastern zone.)
    (i) Eastern zone--Florida east coast subzone. In the Florida east 
coast subzone, king mackerel in or from the EEZ may be possessed on 
board or landed from a vessel for which a commercial permit for king 
mackerel has been issued, as required under Sec. 622.4(a)(2)(iii), from 
November 1 each fishing year until the subzone's fishing year quota of 
king mackerel has been harvested or until March 31, whichever occurs 
first, in amounts not exceeding 75 fish per day.
    (ii) Eastern zone--Florida west coast subzone-* * *
* * * * *
    (iv) Western zone. In the western zone, king mackerel in or from 
the EEZ may be possessed on board or landed from a vessel for which a 
commercial permit for king mackerel has been issued, as required under 
Sec. 622.4(a)(2)(ii), from July 1, each fishing year, until a closure 
of the western zone's fishery has been effected under Sec. 622.43(a)--
in amounts not exceeding 3,000 lb (1,361 kg) per day.
    (b) * * *
    (2) For the purpose of paragraph (b)(1)(ii) of this section, the 
adjusted quota is 3.38 million lb (1.53 million kg). * * *
* * * * *
[FR Doc. 99-13960 Filed 6-1-99; 8:45 am]
BILLING CODE 3510-22-F