[Federal Register Volume 64, Number 161 (Friday, August 20, 1999)]
[Rules and Regulations]
[Pages 45457-45459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21696]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 990506120-9220-02; I.D. 032499E]
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: Final rule.

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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 implements several management changes. For Atlantic group 
king mackerel, total allowable catch (TAC) is increased. For Atlantic 
group Spanish mackerel, TAC is decreased; the allocation of TAC between 
the commercial and recreational sectors is revised; and an incidental 
catch allowance for vessels using gillnets with a mesh size less than 
3.5 inches (8.9 cm) is established. For Gulf group king mackerel, a 
commercial trip limit is established in the western zone, and a 0-fish 
bag limit is established for captain and crew on for-hire vessels. For 
both Gulf and Atlantic group king mackerel, the minimum size limit is 
increased. The intended effects of this rule are to protect king and 
Spanish mackerel from overfishing and maintain healthy stocks while 
still allowing catches by commercial and recreational fisheries.

DATES: This rule is effective September 20, 1999.

FOR FURTHER INFORMATION CONTACT: Steve Branstetter, 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 recommended, and NMFS published, a proposed rule (64 FR 29622, 
June 2, 1999) to implement the following measures: (1) For Atlantic 
group king mackerel, increase the commercial quota and the recreational 
allocation and revise the commercial trip limits off North Carolina and 
the Mid-Atlantic states; (2) for Atlantic group Spanish mackerel, 
decrease the commercial quota and recreational allocation; change the 
commercial/recreational allocation from 50/50 to 55/45; and establish 
an incidental catch allowance for vessels using gillnets with a mesh 
size less than 3.5 inches (8.9 cm); (3) for Gulf group king mackerel, 
establish a commercial trip limit in the western zone and establish a 
0-fish bag limit for captain and crew on for-hire vessels; and (4) for 
both Gulf and Atlantic group king mackerel, increase the minimum size 
limit. That proposed rule described the need and rationale for these 
revisions. Those descriptions are not repeated here.

Comments and Responses

    NMFS received five comments.
    Comment 1: After reviewing the 1999 Mackerel Stock Assessment 
Report (MSAP), the South Atlantic Council requested that NMFS not 
implement the proposed trip limit decrease from 3,500 to 2,000 lb (1588 
to 907 kg) for Atlantic group king mackerel for commercial vessels 
operating north of the North Carolina/South Carolina border and south 
of the New York/Connecticut border, nor the proposed trip limit 
increase from 50 to 75 fish for Gulf group king mackerel in the Florida 
east coast subzone. The 1999 MSAP indicated that the TAC for Atlantic 
group king mackerel could be increased. Thus the trip limit reduction 
for the king mackerel fishery north of the North Carolina/South 
Carolina border was unnecessary. The Council anticipates that the 
fishery should be able to continue year-round without a closure with 
the existing 3,500 lb (1,588 kg) trip limit, thereby increasing the 
economic benefits of the fishery. The fishery for Gulf group king 
mackerel in the Florida east coast subzone closed on March 13, 1999, 
under a 50-fish trip limit. Thus the Council believed that increasing 
the bag limit would shorten the season further, and lessen the social 
and economic benefits to the fishery.
    Response: NMFS considers the Council's comment as a request to 
withdraw the proposed reduction in the commercial trip limit for 
Atlantic group king mackerel north of the North Carolina/South Carolina 
border and the proposed increase in the commercial trip limit for Gulf 
group king mackerel in the Florida east coast subzone as was described 
in the proposed rule. NMFS agrees with the Council's rationale for not 
implementing the subject proposed trip limit changes and has withdrawn 
them from the final rule. The Atlantic group king mackerel stock is not 
overfished, and the 1999 MSAP indicates that an increase in TAC for 
this stock is appropriate; a reduced trip limit for fisheries on 
Atlantic group king mackerel is no longer necessary to slow the rate of 
harvest in regard to the annual commercial quota. Furthermore, given 
that the fishery for the Gulf group king mackerel in the Florida east 
coast subzone closed during the 1998/1999 fishing year under a 50-fish 
trip limit, NMFS agrees that increasing the trip limit to 75 fish would 
result in an even earlier closure thus reducing the social and economic 
benefits of the fishery. Not implementing these proposed trip limit 
changes also should avoid confusion in the fishery by maintaining long-
standing trip limits, to which the fishermen are accustomed and should 
not have any adverse biological consequences regarding the conservation 
of the affected stocks.
    Comment 2: The South Atlantic Council requested that NMFS 
promulgate the catch specifications for Atlantic group king and Spanish 
mackerel that the Council recommended at its June 1999 meeting rather 
than the specifications that were previously recommended and that were 
included in the proposed rule. These

[[Page 45458]]

recommendations included: Increasing TAC to 10.0 million lb (4.5 
million kg) for Atlantic group king mackerel; increasing the commercial 
trip limit for southeast Florida from 50 to 75 fish per day; increasing 
TAC for Atlantic group Spanish mackerel to 7.1 million lb (3.2 million 
kg); and increasing the recreational bag limit for Atlantic group 
Spanish mackerel from 10 to 15 fish per day.
    Response: NMFS is not promulgating the specifications recommended 
by the Council at its June 1999 meeting because the public has not had 
an adequate opportunity to review and comment on them. Additionally, 
the impacts of those specifications need to be evaluated by preparing a 
regulatory impact review/environmental assessment, and the affected 
states have not had an opportunity to evaluate the new recommended 
specifications in relation to their states' coastal zone management 
plans.
    Comment 3: The Gulf Council and the fishing association requested 
that NMFS disapprove the proposal to reduce the bag limit of Gulf group 
king mackerel to zero for captain and crew on for-hire vessels. Based 
on the report of the 1999 MSAP, the Council decided that the 0-fish bag 
limit is neither needed nor justified, and that a mid-season 
implementation would cause unnecessary disruption and confusion within 
the for-hire fishery. The fishing association questioned the accuracy 
of the Marine Recreational Fishery Statistical Survey (MRFSS) database 
which indicated the need for this proposed measure to reduce 
recreational harvest.
    Response: NMFS disagrees that the 0-fish bag limit for the captain 
and crew of for-hire vessels fishing for Gulf group king mackerel is 
unnecessary. NMFS has approved this measure and is implementing it by 
this rule. The per-angler overages calculated by the MRFSS were 
substantiated by data collected through the NMFS Panama City, FL 
charterboat survey and the ongoing pilot charterboat survey co-managed 
by NMFS and the Gulf States Marine Fisheries Commission. These latter 
two data sources consist of reports of entire trip/boat activity as 
provided by the captains themselves, and include harvest by all 
anglers/passengers (excepting captain and crew) onboard the vessel, as 
opposed to the MRFSS approach of individual angler interviews. 
Nevertheless, considering the differences in methodologies used by 
these independent sampling programs, the compatibility and consistency 
of the results among the three surveys strengthen the conclusions 
regarding the effect of allowing a bag limit for captain and crew. 
MRFSS data indicate that the for-hire sector accounts for 50 to 65 
percent of the recreational harvest, and per-angler and per-trip 
average catches are in excess of the allowable bag limits unless 
captain and crew are included. The catch attributable to the captain 
and crew contributes to the persistent overruns in the recreational 
allocation. Additionally, enforcement of a daily bag limit for captain 
and crew of for-hire vessels is difficult where those vessels and crews 
make multiple trips within a day. NMFS also believes that a 0-fish bag 
limit for Gulf group king mackerel for captain and crew on for-hire 
vessels will reduce in-season recreational sales, which are then 
counted against the commercial quota. This leads to situations where 
the fish are counted twice: once as a recreational catch, and once as a 
commercial sale. This double counting of fish can contribute to an 
``artificial'' overrun of the commercial quotas. Elimination of this 
double counting should foster a more accurate depiction of fishing 
mortality, thus providing more accurate stock assessments. Therefore, 
NMFS believes that a 0-fish bag limit for the captain and crew of for- 
hire vessels is necessary for the adequate conservation and management 
of this overfished resource.
    Comment 4: One commenter opposed the increase in the minimum size 
limit from 20 to 24 inches (51 to 61 cm) fork length (FL) proposed for 
king mackerel. The commenter believes that this measure is unnecessary 
in light of the lower and more stable recreational landings information 
provided in the 1999 reports of the MSAP and the Social and Economic 
Panel (SEP), and the recommendations developed by the Gulf Council at 
its May 1999 meeting.
    Response: NMFS disagrees and has approved the size limit increase 
and is implementing it by this rule. The SEP report, which indicated 
stable recreational landings, considered catches in the Gulf of Mexico, 
but this does not include all fishing mortality on the Gulf group king 
mackerel stock. During a part of the year, a percentage of the 
mortality on the Gulf group king mackerel stock occurs from catches on 
the Atlantic coast of Florida. The MSAP report does take this 
additional catch and mortality into consideration. That report 
illustrated that, with the exception of the 1998/1999 season, the 
recreational harvest of Gulf group king mackerel exceeded the 
recreational allocation by 15 to 50 percent each year since 1986. In 
addition to reducing the overall harvest by the recreational sector, 
the proposed 24-inch (61-cm) size limit is intended to reduce the 
harvest of immature fish. Approximately 50 per cent of the females are 
mature at sizes of 22 to 24 inches (56 to 61 cm) FL.
    Comment 5: One commenter stated that NMFS was negligent in its late 
publication and announcement of proposals, and did not adequately 
advise the public that the Councils had developed the proposals last 
year for the 1998/99 fishing year.
    Response: Catch specifications are associated with the most recent 
stock assessment, not a fishing year. The Councils consider the most 
recent assessment and make any proposed catch specification changes. 
Additionally, the regulations are not annual; they remain in effect 
until changes are proposed by the Councils. NMFS recognizes that the 
implementation of these particular catch specifications has been 
delayed. In part, these delays stemmed from combining the proposed 
catch specifications as proposed by the Gulf of Mexico and South 
Atlantic Councils. To ensure more timely implementation of catch 
specifications, NMFS has restructured its process for the review of 
mackerel proposals submitted by the Councils under the FMP framework 
provisions. For the 1999/2000 proposed catch specifications, the 
proposals by each Council will be processed separately.
    Comment 6: Two commenters supported the implementation of the 
3,000-lb (1361-kg) trip limit for Gulf group king mackerel in the 
western zone. One commented that it would help to eliminate derby 
fishing and extend the season.
    Response: NMFS agrees that the implementation of the 3,000- lb 
(1361-kg) trip limit in the western zone will benefit the fisheries of 
that region and has approved it and implemented it through this rule.

Changes From the Proposed Rule

    As requested by the South Atlantic Council (see Comments and 
Responses), NMFS has withdrawn the proposed reduction in the commercial 
trip limit for Atlantic group king mackerel north of the North 
Carolina/South Carolina state boundary and the proposed increase in the 
commercial trip limit for Gulf group king mackerel in the Florida east 
coast subzone. Accordingly, the respective changes in the proposed rule 
to Sec. 622.44(a)(1)(i) and Sec. 622.44(a)(2)(i) are not included in 
this final rule. As a result, the proposed redesignations within 
Sec. 622.44(a)(1) are no longer necessary and have been removed from 
the final rule.

[[Page 45459]]

Classification

    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Chief Counsel for Regulation of the Department of Commerce has 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this rule would not have a significant economic 
impact on a substantial number of small entities. No comments were 
received regarding this certification. As a result, a regulatory 
flexibility analysis was not prepared.

List of Subjects in 50 CFR Part 622

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

    Dated: August 16, 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 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, paragraph (a)(2)(iv) is added, and paragraph 
(a)(2) introductory text, the headings of paragraphs (a)(2)(i) and 
(a)(2)(ii), and the first sentence of paragraph (b)(2) are revised to 
read as follows:


Sec. 622.44  Commercial trip limits.

* * * * *
    (a) * * *
    (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. * * *
    (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. 99-21696 Filed 8-19-99; 8:45 am]
BILLING CODE 3510-22-F