[Federal Register Volume 64, Number 213 (Thursday, November 4, 1999)]
[Proposed Rules]
[Pages 60151-60157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28938]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 991008273-9273-01; I.D. 062399B]
RIN 0648-AK89


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South 
Atlantic; Amendment 9

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


[[Page 60152]]


ACTION: Proposed rule, request for comments.

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SUMMARY: NMFS issues this proposed rule to implement Amendment 9 to the 
Fishery Management Plan for the Coastal Migratory Pelagic Resources of 
the Gulf of Mexico and South Atlantic (Amendment 9). For Gulf migratory 
group king mackerel, this rule would establish a moratorium on issuance 
of gillnet endorsements that would include eligibility criteria and 
restrictions on transferability of endorsements; restrict the area in 
which the gillnet fishery could operate; reallocate the eastern zone 
quota between the Florida east coast and Florida west coast subzones; 
and divide the Florida west coast subzone into northern and southern 
subzones with respective quotas. This rule also would allow retention 
and sale of cut-off (damaged) king and Spanish mackerel that are 
greater than the minimum size limits and possessed within the trip 
limits. The intended effect of this rule would be to protect king and 
Spanish mackerel from overfishing and maintain healthy stocks while 
still allowing catches by important commercial and recreational 
fisheries.

DATES: Comments must be received at the appropriate address or fax 
number, (see ADDRESSES), no later than 5:00 p.m., eastern standard 
time, on December 20, 1999.

ADDRESSES: Written comments on the rule should be sent to Steve 
Branstetter, Southeast Regional Office, NMFS, 9721 Executive Center 
Drive N., St. Petersburg, FL 33702. Comments also may be sent via fax 
to 727-570-5583. Comments will not be accepted if submited via e-mail 
or Internet.
    Comments regarding the collection-of-information requirements 
contained in this rule should be sent to Edward E. Burgess, Southeast 
Regional Office, NMFS, 9721 Executive Center Drive N., St. Petersburg, 
FL 33702, and to the Office of Information and Regulatory Affairs, 
Office of Management and Budget (OMB), Washington, DC 20503 (Attention: 
NOAA Desk Officer).
    Copies of Amendment 9, which includes an environmental assessment 
and a regulatory impact review (RIR), and copies of a minority report 
submitted by one Gulf Council member may be obtained from the Gulf of 
Mexico Fishery Management Council, Suite 1000, 3018 U.S. Highway 301 
North, Tampa, FL 33619; Phone: 813-228-2815; Fax: 813-225-7015; E-mail: 
[email protected]; or from 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; E-
mail: [email protected].

FOR FURTHER INFORMATION CONTACT: Steve Branstetter, 727-570-5305.

SUPPLEMENTARY INFORMATION: The fisheries for coastal migratory pelagic 
resources are 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 jointly by the Gulf of Mexico Fishery 
Management Council and the South Atlantic Fishery Management Council 
(Councils), approved by NMFS, and implemented under the authority of 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) by regulations at 50 CFR part 622.

Hook-and-Line Fishery - Florida West Coast Subzone

    To prevent disproportionate commercial harvest of Gulf group king 
mackerel by northwest and southwest components of the hook-and-line 
fishery, this rule proposes to subdivide the Florida west coast subzone 
and establish separate quotas for the proposed northern and southern 
subzones described here. The southern boundary of the southern subzone 
would change along with the seasonal boundaries that separate the Gulf 
and Atlantic migratory groups of king mackerel.
    The southern subzone would extend from the Lee/Collier County line 
to the Monroe/Dade County line (i.e., off Collier and Monroe Counties) 
from November 1 through March 31, and from the Lee/Collier County line 
to the Collier/Monroe County line (i.e., off Collier County) from April 
1 through October 31. The northern subzone would extend from the 
Alabama/Florida boundary to the Lee/Collier County line year-round.
    NMFS would establish a quota for the proposed northern subzone by 
allocating 7.5 percent of the eastern zone quota to the northern 
subzone. NMFS would allocate the remaining portion (92.5 percent) of 
the eastern zone quota according to percentages prescribed in the FMP 
(i.e., 50 percent each to the Florida east coast subzone and southern 
west coast subzone, the latter being divided equally between harvesters 
using hook-and-line gear and run-around gillnets). This proposed 
measure would reallocate the eastern zone quota between the Florida 
east and west coast subzones from the current east/west ratio of 50/50 
to 46.25/53.75, respectively. Existing and proposed quotas of Gulf 
group king mackerel for the Florida east and west coast subzones are 
listed here based on the current eastern zone quota level of 2,340,000 
lb (1,061,406 kg).

                                                     QUOTAS
----------------------------------------------------------------------------------------------------------------
                                                              CURRENT                        PROPOSED
                     SUBZONE                     ---------------------------------------------------------------
                                                          lb              kg              lb              kg
----------------------------------------------------------------------------------------------------------------
East Coast                                                1,170,000      530,703          1,082,250      490,900
West Coast                                                1,170,000      530,703          1,257,750      570,506
Hook-and-Line                                               585,000      265,352
Run-Around Gillnet                                          585,000      265,352
Northern Subzone
Hook-and-Line                                                                               175,500       79,606
Southern Subzone                                                                          1,082,250      490,900
Hook-and-Line                                                                               541,125      245,450
Run-Around Gillnet                                                                          541,125      245,450
----------------------------------------------------------------------------------------------------------------

    The Councils consider the proposals to subdivide the Florida west 
coast subzone into separate northern and southern subzones and to 
provide each a quota for vessels using hook-and-line gear a reasonable 
approach to allocate equitably the eastern zone quota between the 
fishery components harvesting in the northern and southern subzones. 
Separate quotas would prevent the northwest Florida Panhandle fishery 
from taking all or

[[Page 60153]]

most of the quota before Gulf group king mackerel migrate south to 
overwintering grounds off southwest Florida and the Florida Keys where 
almost all of the Florida west coast harvest has been taken 
historically. When this occurred previously, NMFS published an 
emergency rule (60 FR 7134, February 7, 1995) that added 300,000 lb 
(136,078 kg) to the quota and reopened the fishery during the 1994/95 
fishing year under a 125-fish trip limit to avert a potential 
socioeconomic crisis for southwest Florida fishing communities. 
Consequently, with no other viable alternatives available to avoid a 
future recurrence of this situation, the Councils believe that the 
proposals are necessary until more practicable and less cumbersome 
management options become available.

Run-Around Gillnet Fishery--Florida West Coast Subzone

    To prevent expansion of the run-around gillnet fishery for Gulf 
group king mackerel in the southern Florida west coast subzone, this 
rule proposes several measures while the Councils consider future 
management strategies. A king mackerel gillnet endorsement, issued by 
NMFS with some commercial vessel permits for king mackerel, is required 
to harvest king mackerel under the run-around gillnet quota. This rule 
proposes that gillnet endorsements not be issued to new applicants, be 
reissued only to those vessels that meet the stipulated criteria, and 
be transferred only to another vessel owned by the same entity or to 
immediate family members (i.e., husband, wife, son, daughter, brother, 
sister, father, or mother) to allow for gillnet harvest by historical 
participants during the proposed moratorium.
    Under the moratorium, an initial king mackerel gillnet endorsement 
would be issued only if: (1) The vessel owner was the owner of a vessel 
with a commercial mackerel permit with a gillnet endorsement on or 
before October 16, 1995 (the control date for the Gulf and South 
Atlantic king mackerel fisheries); and (2) the vessel owner was the 
owner of a vessel that had gillnet landings of Gulf migratory group 
king mackerel in one of the two fishing years, July 1, 1995, through 
June 30, 1996, or July 1, 1996, through June 30, 1997. Such landings 
must have been documented by NMFS or by the Florida Department of 
Environmental Protection trip ticket system as of December 31, 1997. 
Only landings when a vessel had a valid commercial permit for king 
mackerel with a gillnet endorsement, and only landings that were 
harvested, landed, and sold in compliance with State and Federal 
regulations may be used to establish eligibility. NMFS would not issue 
an owner more initial king mackerel gillnet endorsements under the 
moratorium than the number of vessels with king mackerel gillnet 
endorsements that the owner owned simultaneously on or before the 
control date, October 16, 1995.
    Under the moratorium, NMFS would also issue a gillnet endorsement 
to the owner of a vessel that received a commercial king mackerel 
permit through transfer, between March 4, 1998, and the date of 
publication of the final rule implementing the moratorium, from a 
vessel that met the eligibility requirements for an initial gillnet 
endorsement as specified under the moratorium.
    Under the proposed moratorium, an owner or operator of a vessel 
that does not have a king mackerel gillnet endorsement on the date the 
final rule implementing Amendment 9 is published in the Federal 
Register could submit an application to NMFS to obtain a king mackerel 
gillnet endorsement within 90 days from that date. NMFS would make 
application forms available. After the 90-day period has expired, NMFS 
would no longer accept applications for king mackerel gillnet 
endorsements other than renewal applications.
    Also, to prevent further expansion of the gillnet fishery, this 
rule proposes to restrict the operational area within which qualified 
vessels may fish under the run-around gillnet quota to the proposed 
southern subzone. Currently, run-around gillnets may be used to harvest 
Gulf group king mackerel under prescribed trip limits anywhere in the 
exclusive economic zone (EEZ) from off Texas through the seasonal 
boundaries of the Florida east coast subzone.
    The Councils have determined that the moratorium is necessary 
during an interim period while the Councils determine the biological, 
fishery management, socioeconomic, and state/Federal impacts of 
maintaining or phasing out this fishery segment. The Councils believe 
that limiting the number of participants in the gillnet fishery is 
imperative to prevent expansion, overcapitalization, and quota 
overruns. Issuing permits only to owners of vessels that can 
demonstrate landings under the run-around gillnet quota during the 
designated fishing years and allowing transfer of gillnet endorsements 
only to family members would restrict participation to businesses and 
families that historically have been dependent on this fishery. 
Restricting the use of run-around gillnets to the southern subzone 
would also decrease the opportunity for user conflicts and the 
likelihood of interactions with northern right whales calving and 
nursing off the northeast Florida (east coast subzone) overwintering 
grounds.

Possession and Sale of Cut-Off Fish

    For both the Atlantic and Gulf groups of king and Spanish mackerel, 
this rule proposes to allow the retention and sale of cut-off (damaged) 
fish that meet the minimum size limit and that are taken and possessed 
within the established commercial trip limits. This would not affect 
the current regulatory provision that allows a maximum of five cut-off 
(damaged) king mackerel to be possessed in the Gulf, Mid-Atlantic, or 
South Atlantic EEZ on vessels operating under commercial trip limits. 
Such fish are not counted against the trip limits, are not subject to 
the minimum size limit, and may not be sold or purchased.
    The Councils recommended these changes after reconsidering the 
regulations for cut-off king mackerel implemented under Amendment 8 (63 
FR 10561, March 4, 1998) to the FMP. Because both cut-off king and 
Spanish mackerel have food and market value, the Councils now believe 
that the regulations should allow for their possession, landing, and 
sale, provided that the cut-off fish comply with the minimum size 
limits and that fishermen do not exceed applicable trip limits. Such 
changes potentially will increase revenue, decrease wastage, and 
increase accuracy of fishing mortality estimates. Nevertheless, the 
Councils realize that such benefits may not be realized in situations 
where fishermen may have the opportunity to discard cut-off fish, 
replacing them with more valuable whole fish that would be retained and 
sold under the trip limits.
    Management Measures Proposed by the Councils for Gulf Group King 
Mackerel Not Included in this Proposed Rule
    Two management actions proposed by the Councils for Gulf group king 
mackerel are not included in this proposed rule because they have 
already been implemented by another rule. These two management measures 
are a 3,000-lb (1,361-kg) trip limit for vessels fishing under the 
commercial quota in the western zone (Texas through Alabama) and an 
increase in the minimum size limit from 20 inches to 24 inches (50.8 cm 
to 61.0 cm). These measures were published as part of a proposed rule 
(64 FR 29622, June 2, 1999) implementing mackerel specifications under 
the FMP framework procedure for adjusting management measures and were 
subject

[[Page 60154]]

to public comment. After considering the public comment, NMFS approved 
those measures and implemented them through a final rule (64 FR 45457, 
August 20, 1999). Consequently, to avoid redundancy and confusion, 
these two measures and associated text are not included in this 
proposed rule.

Change Proposed by NMFS

    NMFS is proposing a clarification of one aspect of the Council's 
proposal in Amendment 9 regarding eligibility for a king mackerel 
gillnet endorsement under the proposed moratorium. As an exception to 
the basic eligibility requirements, the Council proposed that a vessel 
that received a king mackerel permit through transfer, between February 
12, 1996, and the date of publication of the final rule implementing 
these regulations, from a vessel that was qualified for an initial king 
mackerel gillnet endorsement would qualify for an initial king mackerel 
gillnet endorsement. The Council selected the date of February 12, 
1996, because that was the end of the 1995/1996 fishing season. 
However, king mackerel permits were not transferable until March 4, 
1998. Therefore, in Sec. 622.4(o)(2) of this proposed rule, NMFS has 
modified the date concerning king mackerel permit transfer from 
February 12, 1996, to March 4, 1998, to accurately reflect the period 
during which king mackerel permits could have been transferred.

Classification

    The Administrator, Southeast Region, NMFS, has determined on 
October 7, 1999, that Amendment 9 is necessary for the conservation and 
management of the FMP and that it is consistent with the Magnuson-
Stevens Act and other applicable laws.
    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 has 
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 
as follows:

    The proposed rule contains provisions to change the allocation 
of Gulf group king mackerel from the present formula of 50 percent 
for each coast of Florida to 46.15 percent east coast and 53.85 
percent west coast; to establish Florida west coast hook-and-line 
subzone percentage allocations based on historical catches in the 
subzones; to establish a moratorium on the issuance of new king 
mackerel gillnet endorsements for the Florida west coast; and, to 
allow retention and sale of ``cut off'' king and Spanish mackerel 
(``cut off'' refers to fish that are damaged by predators while 
being landed). In aggregate these proposals could potentially affect 
a maximum of 987 permitted commercial small business entities that 
operate in the areas where the proposed actions will be effective. 
However, the economic effects will be small. The proposal to 
reallocate king mackerel for the east and west coasts of Florida 
will result in a maximum redistribution of about 118,000 lb. (53,524 
kg) of king mackerel worth about $147,000 in favor of the west coast 
fishermen. The official west coast allocation of 1,170,000 lb. 
(530,703 kg) has an exvessel value of about $1.46 million, so there 
would be roughly a 10 percent revenue effect if the redistribution 
actually occurs. However, this effect will not be realized because 
the west coast historically exceeds its quota by an amount well in 
excess of the proposed reallocation. Hence, the redistribution of 
quota will not likely result in an increase in revenue for the west 
coast fishermen. For the east coast fishermen, the change will also 
likely be small or zero because other restrictive rules have 
recently been implemented for the east coast. According to 
information contained in the Regulatory Impact Review (RIR), these 
restrictive rules effectively curtail east coast landings by an 
amount greater than implied by the redistribution of landings, and 
landings for the most recent fishing season were 267,000 lb. 
(121,109 kg) below quota. Accordingly, the quota would not likely be 
met if the reallocation goes into effect because the implied 
reallocation is 117,000 lb. (53,070 kg) or less than half the 
current quota shortfall. The proposal for an official percentage 
allocation of the Florida west coast hook-and-line quota by subzone 
will have no effect because the allocations would be set based on 
historical catches in the subzones. The moratorium on the issuance 
of new king mackerel gillnet endorsements for the Florida west coast 
is expected to have no effect or only a minor effect on landings 
because the current gillnet quota for king mackerel is met very 
early in the season. Also, the RIR indicates that the gillnet 
fishery is not very profitable at the current time due to 
restrictive trip limits and the current level of TAC and subquotas. 
Gillnet gear tends to become more profitable when trip limits are 
high enough to make that gear efficient. Hence, few, if any, new 
entrants would be expected under the present scenario. However, as 
the fishery continues to recover, the TAC would be expected to rise 
and some of the current trip limit regulations could be relaxed to 
the point where the use of gillnet gear becomes more profitable and 
additional entry might be expected. The current number of gillnet 
operations could take their portion of a higher TAC with larger trip 
limits and the Councils do not desire to encourage additional 
fishing effort. Accordingly, and as a precautionary measure to 
discourage new effort, a moratorium on new gillnet endorsements has 
been proposed. The provision to allow the retention of ``cut off'' 
king and Spanish mackerel will have little or no impact because 
current rules allow the retention of five ``cut off'' fish in 
addition to existing trip limits, and the new provision merely 
allows the retention of additional ``cut off'' fish if the fishermen 
choose to do so. However, this would occur only when the trip limits 
would not otherwise be met because the ``cut off'' fish have a 
reduced market value and any number over five would count against 
the trip limit. Hence, there is not much incentive to retain these 
fish, and the expected result is a very minor, approaching nil, 
increase in revenue attributed to the retention of more than five 
``cut off'' fish for the few number of trips that might be affected. 
The overall conclusion is that the proposed rule, if implemented, 
will not have a significant impact on a substantial number of small 
business entities, and this conclusion applies to the actions 
considered singly or in aggregate.

    As a result, a regulatory flexibility analysis was not required.
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall a person be subject to a penalty for failure 
to comply with, a collection-of-information subject to the requirements 
of the Paperwork Reduction Act (PRA) unless that collection of 
information displays a currently valid OMB control number.
    This rule includes a collection-of-information requirement 
regarding applications for an initial king mackerel gillnet 
endorsement. That collection of information is currently approved under 
OMB control no. 0648-0205 and its public reporting burden is estimated 
at 20 minutes per response. This reporting burden estimate includes the 
time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collections of information.
    Public comment is sought regarding whether this proposed 
collection-of-information is necessary for the proper performance of 
the functions of the agency, including whether the information will 
have practical utility; the accuracy of the burden estimate; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology. Send comments on 
these, or any other aspects of the collection of information, to NMFS 
and OMB (see ADDRESSES).

List of Subjects in 50 CFR Part 622

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


[[Page 60155]]


    Dated: October 29, 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. 622.4, paragraphs (a)(2)(ii) through (a)(2)(iv), the 
first sentence of paragraph (g), and paragraph (o) are revised to read 
as follows:


Sec. 622.4  Permits and fees.

    (a) * * *
    (2) * * *
    (ii) Gillnets for king mackerel in the southern Florida west coast 
subzone. For a person aboard a vessel to use a run-around gillnet for 
king mackerel in the southern Florida west coast subzone (see 
Sec. 622.42(c)(1)(i)(A)(3)), a commercial vessel permit for king 
mackerel with a gillnet endorsement must have been issued to the vessel 
and must be on board. See paragraph (o) of this section regarding a 
moratorium on endorsements for the use of gillnets for king mackerel in 
the southern Florida west coast subzone and restrictions on 
transferability of king mackerel gillnet endorsements.
    (iii) King mackerel. For a person aboard a vessel to be eligible 
for exemption from the bag limits and to fish under a quota for king 
mackerel in or from the Gulf, Mid-Atlantic, or South Atlantic EEZ, a 
commercial vessel permit for king mackerel must have been issued to the 
vessel and must be on board. To obtain or renew a commercial vessel 
permit for king mackerel valid after April 30, 1999, at least 25 
percent of the applicant's earned income, or at least $10,000, must 
have been derived from commercial fishing (i.e., harvest and first sale 
of fish) or from charter fishing during one of the 3 calendar years 
preceding the application. See paragraph (q) of this section regarding 
a moratorium on commercial vessel permits for king mackerel, initial 
permits under the moratorium, transfers of permits during the 
moratorium, and limited exceptions to the earned income or gross sales 
requirement for a permit.
    (iv) Spanish mackerel. For a person aboard a vessel to be eligible 
for exemption from the bag limits and to fish under a quota for Spanish 
mackerel in or from the Gulf, Mid-Atlantic, or South Atlantic EEZ, a 
commercial vessel permit for Spanish mackerel must have been issued to 
the vessel and must be on board. To obtain or renew a commercial vessel 
permit for Spanish mackerel valid after April 30, 1999, at least 25 
percent of the applicant's earned income, or at least $10,000, must 
have been derived from commercial fishing (i.e., harvest and first sale 
of fish) or from charter fishing during one of the 3 calendar years 
preceding the application.
* * * * *
    (g) Transfer. A vessel permit, license, or endorsement or dealer 
permit issued under this section is not transferable or assignable, 
except as provided in paragraph (m) of this section for a commercial 
vessel permit for Gulf reef fish, in paragraph (n) of this section for 
a fish trap endorsement, in paragraph (o) of this section for a Gulf 
king mackerel gillnet endorsement, in paragraph (p) of this section for 
a red snapper license, in paragraph (q) of this section for a king 
mackerel permit, in Sec. 622.17(c) for a commercial vessel permit for 
golden crab, or in Sec. 622.18(e) for a commercial vessel permit for 
South Atlantic snapper-grouper. * * *
* * * * *
    (o) Moratorium on endorsements for the use of gillnets for king 
mackerel in the southern Florida west coast subzone. (1) Effective on 
the date of publication of the final rule that contains this paragraph 
(o)(1), an initial king mackerel gillnet endorsement will be issued 
only if--
    (i) The vessel owner was the owner of a vessel with a commercial 
mackerel permit with a gillnet endorsement on or before October 16, 
1995; and
    (ii) The vessel owner was the owner of a vessel that had gillnet 
landings of Gulf migratory group king mackerel in one of the two 
fishing years, July 1, 1995 through June 30, 1996 or July 1, 1996 
through June 30, 1997. Such landings must have been documented by NMFS 
or by the Florida Department of Environmental Protection trip ticket 
system as of December 31, 1997. Only landings when a vessel had a valid 
commercial permit for king mackerel with a gillnet endorsement and only 
landings that were harvested, landed, and sold in compliance with state 
and Federal regulations may be used to establish eligibility.
    (2) Paragraphs (o)(1)(i) and (o)(1)(ii) of this section 
notwithstanding, the owner of a vessel that received a commercial king 
mackerel permit through transfer, between March 4, 1998, and the date 
of publication of the final rule that contains this paragraph (o)(2), 
from a vessel that met the requirements in paragraphs (o)(1)(i) and 
(o)(1)(ii) also qualifies for an initial king mackerel gillnet 
endorsement.
    (3) To obtain an initial king mackerel gillnet endorsement under 
the moratorium, an owner or operator of a vessel that does not have a 
king mackerel gillnet endorsement on the date of publication of the 
final rule that contains this paragraph (o)(3) must submit an 
application to the RD, postmarked or hand delivered not later than 90 
days after the date of publication of the final rule that contains this 
paragraph (o)(3). Except for applications for renewals of king mackerel 
gillnet endorsements, no applications for king mackerel gillnet 
endorsements will be accepted after the date that is 90 days after the 
date of publication of the final rule that contains this paragraph 
(o)(3). Application forms are available from the RD.
    (4) The RD will not issue an owner more initial king mackerel 
gillnet endorsements under the moratorium than the number of vessels 
with king mackerel gillnet endorsements that the owner owned 
simultaneously on or before October 16, 1995.
    (5) An owner of a vessel with a king mackerel gillnet endorsement 
issued under this moratorium may transfer that endorsement upon a 
change of ownership of a permitted vessel with such endorsement from 
one to another of the following: Husband, wife, son, daughter, brother, 
sister, mother, or father. Such endorsement also may be transferred to 
another vessel owned by the same entity.
    (6) A king mackerel gillnet endorsement that is not renewed or that 
is revoked will not be reissued. An endorsement is considered to be not 
renewed when an application for renewal is not received by the RD 
within 1 year of the expiration date of the permit that includes the 
endorsement.
* * * * *
    3. In Sec. 622.38, paragraph (g) is revised to read as follows:


Sec. 622.38 Landing fish intact  .

* * * * *
    (g) Cut-off (damaged) king or Spanish mackerel that comply with the 
minimum size limits in Sec. 622.37(c)(2) and (c)(3), respectively, and 
the trip limits in Sec. 622.44(a) and (b), respectively, may be 
possessed in the Gulf, Mid-Atlantic, or South Atlantic EEZ on, and 
offloaded ashore from, a vessel that is operating under the respective 
trip limits. Such cut-off fish also may be sold. A maximum of five

[[Page 60156]]

additional cut-off (damaged) king mackerel, not subject to the size 
limits or trip limits, may be possessed or offloaded ashore but may not 
be sold or purchased and are not counted against the trip limit.
* * * * *
    4. In Sec. 622.41, paragraphs (c)(1)(ii) and (c)(2)(iv) are revised 
to read as follows:


Sec. 622.41  Species specific limitations.

* * * * *
    (c) * * *
    (1) * * *
    (ii) King mackerel, Gulf migratory group--hook-and-line gear and, 
in the southern Florida west coast subzone only, run-around gillnet. 
(See Sec. 622.42(c)(1)(i)(A)(3) for a description of the southern 
Florida west coast subzone.)
* * * * *
    (2) * * *
    (iv) Exception for king mackerel in the Gulf EEZ. The provisions of 
this paragraph (c)(2)(iv) apply to king mackerel taken in the Gulf EEZ 
and to such king mackerel possessed in the Gulf. Paragraph (c)(2)(iii) 
of this section notwithstanding, a person aboard a vessel that has a 
valid commercial permit for king mackerel is not subject to the bag 
limit for king mackerel when the vessel has on board on a trip 
unauthorized gear other than a drift gillnet in the Gulf EEZ, a long 
gillnet, or a run-around gillnet in an area other than the southern 
Florida west coast subzone. Thus, the following applies to a vessel 
that has a commercial permit for king mackerel:
    (A) Such vessel may not use unauthorized gear in a directed fishery 
for king mackerel in the Gulf EEZ.
    (B) If such a vessel has a drift gillnet or a long gillnet on board 
or a run-around gillnet in an area other than the southern Florida west 
coast subzone, no king mackerel may be possessed.
    (C) If such a vessel has unauthorized gear on board other than a 
drift gillnet in the Gulf EEZ, a long gillnet, or a run-around gillnet 
in an area other than the southern Florida west coast subzone, the 
possession of king mackerel taken incidentally is restricted only by 
the closure provisions of Sec. 622.43(a)(3) and the trip limits 
specified in Sec. 622.44(a). See also paragraph (c)(4) of this section 
regarding the purse seine incidental catch allowance of king mackerel.
* * * * *
    5. In Sec. 622.42, paragraphs (c)(1)(i)(A)(1) through 
(c)(1)(i)(A)(3) are revised to read as follows:


Sec. 622.42  Quotas.

* * * * *
    (c) * * *
    (1) * * *
    (i) * * *
    (A) * * *
    (1) Florida east coast subzone--1,082,250 lb (490,900 kg).
    (2) Florida west coast subzones--(i) Southern--1,082,250 lb 
(490,900 kg), which is further divided into a quota of 541,125 lb 
(245,450 kg) for vessels fishing with hook-and-line and a quota of 
541,125 lb (245,450 kg) for vessels fishing with run-around gillnets.
    (ii) Northern--175,500 lb (79,606 kg).
    (3) Description of Florida subzones. The Florida east coast subzone 
is that part of the eastern zone north of 25 deg.20.4' N. lat., which 
is a line directly east from the Dade/Monroe County, FL, boundary. The 
Florida west coast subzone is that part of the eastern zone south and 
west of 25 deg.20.4' N. lat. The Florida west coast subzone is further 
divided into southern and northern subzones. From November 1 through 
March 31, the southern subzone is that part of the Florida west coast 
subzone that extends south and west from 25 deg.20.4' N. lat. to 
26 deg.19.8' N. lat., a line directly west from the Lee/Collier County, 
FL boundary (i.e., the area off Collier and Monroe Counties). From 
April 1 through October 31, the southern subzone is that part of the 
Florida west coast subzone that is between 26 deg.19.8' N. lat. and 
25 deg.48' N. lat., which is a line directly west from the Monroe/
Collier County, FL, boundary (i.e., off Collier County). The northern 
subzone is that part of the Florida west coast subzone that is between 
26 deg.19.8' N. lat. and 87 deg.31'06'' W. long., which is a line 
directly south from the Alabama/Florida boundary.
* * * * *
    6. In Sec. 622.44, paragraphs (a)(2)(i) and (a)(2)(ii) are revised 
to read as follows:


Sec. 622.44  Commercial trip limits.

* * * * *
    (a) * * *
    (2) * * *
    (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 50 fish per day.
    (ii) Eastern zone-Florida west coast subzone--(A) Gillnet gear. (1) 
In the southern Florida west coast subzone, king mackerel in or from 
the EEZ may be possessed on board or landed from a vessel for which a 
commercial permit with a gillnet endorsement has been issued, as 
required under Sec. 622.4(a)(2)(ii), from July 1, each fishing year, 
until a closure of the southern Florida west coast subzone's fishery 
for vessels fishing with run-around gillnets has been effected under 
Sec. 622.43(a)--in amounts not exceeding 25,000 lb (11,340 kg) per day.
    (2) In the southern Florida west coast subzone:
    (i) King mackerel in or from the EEZ may be possessed on board or 
landed from a vessel that uses or has on board a run-around gillnet on 
a trip only when such vessel has on board a commercial permit for king 
mackerel with a gillnet endorsement.
    (ii) King mackerel from the southern west coast subzone 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. 622.42(c)(1)(i)(A)(2)(i).
    (iii) King mackerel in or from the EEZ harvested with gear other 
than run-around gillnet may not be retained on board a vessel for which 
such commercial permit with endorsement has been issued.
    (B) Hook-and-line gear. In the Florida west coast subzone, king 
mackerel in or from the EEZ may be possessed on board or landed from a 
vessel with a commercial permit for king mackerel, as required by 
Sec. 622.4(a)(2)(iii), and operating under the hook-and-line gear 
quotas in Sec. 622.42(c)(1)(i)(A)(2)(i) or (c)(1)(i)(A)(2)(ii):
    (1) From July 1, each fishing year, until 75 percent of the 
respective northern or southern subzone's hook-and-line gear quota has 
been harvested--in amounts not exceeding 1,250 lb (567 kg) per day.
    (2) From the date that 75 percent of the respective northern or 
southern subzone's hook-and-line gear quota has been harvested, until a 
closure of the respective northern or southern subzone's fishery for 
vessels fishing with hook-and-line gear has been effected under 
Sec. 622.43(a)--in amounts not exceeding 500 lb (227 kg) per day.
* * * * *
    7. In Sec. 622.45, paragraph (h) is revised to read as follows:


Sec. 622.45  Restrictions on sale/purchase.

* * * * *
    (h) Cut-off (damaged) king or Spanish mackerel. A person may not 
sell or purchase a cut-off (damaged) king or Spanish mackerel that does 
not comply with the minimum size limits specified in Sec. 622.37(c)(2) 
or (c)(3), respectively, or that is in excess of the trip limits

[[Page 60157]]

specified in Sec. 622.44(a) or (b), respectively.
[FR Doc. 99-28938 Filed 11-3-99; 8:45 am]
BILLING CODE 3510-22-F