[Federal Register Volume 64, Number 244 (Tuesday, December 21, 1999)]
[Proposed Rules]
[Pages 71388-71390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32923]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 991112303-9303-01; I.D. 100499A]
RIN 0648-AM01


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South 
Atlantic; 1999-2000 Catch Specifications for Gulf Group King and 
Spanish Mackerel

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) and 
the bag limit for Gulf group Spanish mackerel and to establish a new 
fishing season for the Gulf group king mackerel gillnet fishery. The 
intended effects of this rule are to enhance the economic and social 
benefits from the Gulf group king and Spanish mackerel fisheries while 
maintaining healthy stocks.

DATES: Written comments must be received at the appropriate address or 
fax number, (see ADDRESSES), no later than 5:00 p.m., eastern standard 
time, on January 20, 2000.
ADDRESSES: Written comments on the proposed rule must 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 submitted via e-mail 
or Internet.
    Requests for copies of the environmental assessment and regulatory 
impact review (RIR) supporting this action 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: 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

[[Page 71389]]

Gulf of Mexico and South Atlantic Fishery Management Councils and was 
approved by NMFS and implemented by regulations at 50 CFR part 622.
    In accordance with the framework procedures of the FMP, the Gulf of 
Mexico Fishery Management Council (Council) made recommendations for 
changes in certain management measures, in a regulatory amendment for 
1999-2000 catch specifications, 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.
    Bag Limit for Captain and Crew of For-Hire Vessels
    NMFS recently published a final rule (64 FR 45457, August 20, 1999) 
establishing a zero-fish bag limit of Gulf group king mackerel for 
captain and crew of for-hire vessels (i.e., charter vessels and 
headboats). In the 1999/2000 catch specifications that this rule 
proposes to implement, the Council proposes to restore the 2-fish-per-
person-per-day bag limit for this segment of the fishery, concluding 
that the management goals to rebuild this stock can be achieved without 
this restriction. Nevertheless, NMFS continues to believe that a zero-
fish bag limit of Gulf group king mackerel for the captain and crew of 
for-hire vessels is necessary for the adequate conservation and 
management of this overfished resource. The rationale for its belief is 
set forth in the preamble to the final rule (64 FR 45457, August 20, 
1999) to implement the 1998/1999 catch specifications. Two independent 
sampling programs indicate that on a per-trip basis the per-angler 
catch exceeds the allowable bag limit unless the captain and crew are 
included as anglers. The recreational fishery has consistently overrun 
its allocation since the 1986/87 fishing year, and the catch 
attributable to the captain and crew contributes to this problem. NMFS 
anticipates that a zero-fish bag limit for captains and crew will 
reduce total charterboat landings by as much as 17 percent. Fifty to 
sixty-five percent of the total recreational landings are from 
charterboats, thus the total reduction in recreational catch could be 
as high as 10-12 percent. 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 
contributes 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. For these reasons, the RA has determined that the 
Council's proposed reinstatement of the 2-fish bag limit on Gulf group 
king mackerel for the captain and crew of for-hire vessels is contrary 
to the goals and objectives of the FMP and to the requirements of the 
Magnuson-Stevens Fishery Conservation and Management Act. Consistent 
with the FMP framework provisions, the proposed 2-fish bag limit for 
this fishery is not proposed in this rule. The RA has notified the 
Council of his action and reasons therefore.

Fishing Season Changes for the Gillnet Fishery

    The Council recommends the establishment of a new opening date for 
the gillnet fishery for Gulf group king mackerel of 6:00 a.m. eastern 
standard time on the Tuesday following the Martin Luther King, Jr. 
holiday, with the following weekend open as long as the quota has not 
been taken. All subsequent weekends and holidays would be closed. 
Weekend and holiday closures, would be from 6:00 a.m. Saturday to 6:00 
a.m. Monday eastern standard time (or Tuesday if Monday is a holiday). 
During these closures, a person aboard a vessel using or possessing a 
gillnet with a stretched-mesh size of 4.75 inches (12.1 cm) or larger 
in the Florida west coast subzone would not be able to fish for or 
possess Gulf group king mackerel.
    The Council proposes this new fishing season because the gillnet 
fishery has the capability of harvesting large amounts of king mackerel 
in a short timeframe; thus it is imperative to be able to implement a 
closure on short notice. The fishery in southern Florida normally is 
conducted during the month of January. By delaying the opening of the 
season until after the 3-day weekend associated with the Martin Luther 
King holiday and by closing all weekends after the first weekend to 
gillnet fishing, the Council intends to reduce the possibility of the 
fishery exceeding its allocation because fishing is occurring during a 
period when a closure notice cannot be published.

Increase TAC for Spanish Mackerel

    The Council recommends an increase in the TAC for Gulf group 
Spanish mackerel from 7.0 to 9.1 million lb (3.2 to 4.1 million kg). 
This TAC would be at the lower end of the acceptable biological catch 
range of 9.1 to 17.2 million lb (4.1 to 7.8 million kg), and within the 
confidence intervals established (7.1 to 9.7 million lb (3.2 to 4.4 
million kg)) for maximum sustainable yield. Landings in this fishery 
have been below the established TAC since the 1989/1990 fishing season. 
Since the 1995/1996 fishing year, landings have averaged about 2.5 
million lb (1.1 million kg) while TAC remained at 7.0 million lb (3.2 
million kg). The stock is not overfished or undergoing overfishing, and 
the Council intends to enhance the social and economic benefits from 
the fishery by providing optimal utilization of this resource. A 9.1 
million-lb (4.1 million-kg) TAC would provide a 3.913 million-lb (1.775 
million-kg) allocation to recreational fishing and a 5.187 million-lb 
(2.353 million-kg) allocation to commercial fishing.

Increase the Recreational Bag Limit for Spanish Mackerel

    The Council proposes to increase the bag limit for Gulf group 
Spanish mackerel from 7 fish off Texas and 10 fish for all other states 
to 15 fish per person per day for the entire exclusive economic zone 
(EEZ) in the Gulf (Florida through Texas) with the change to be 
effective January 1, 2000. The recreational fishery has not met its 
allocation in recent years under the more restrictive bag limits. Thus, 
based on the healthy status of the stock and the proposed increase in 
TAC, the Council intends to provide greater social and economic 
benefits from the optimal utilization of this resource.

Classification

    This proposed rule has been determined to be 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. 
This certification is based largely on the findings in the RIR. The 
factual basis for the certification is summarized as follows:
    Based on Small Business Administration definitions found in Section 
601(3) of the Regulatory

[[Page 71390]]

Flexibility Act, there are 1,440 small business entities permitted for 
commercial coastal migratory pelagics fishing, and an additional 1,113 
for-hire (charterboat and headboat) small business entities have 
permits. A majority of the commercial small business entities will 
receive insignificant positive benefits from the actions. The actions 
will not affect significantly for-hire small businesses. The only 
action affecting commercial revenues is the proposal to change the 
start date for the gillnet fishery. This change is expected to result 
in a slight increase in exvessel prices because the commercial catches 
will be spread more evenly over the year. None of the proposed actions 
would lead to increased compliance costs, so there are no differential 
small versus large entity impacts. In addition, there are no expected 
capital costs of compliance, and there are no additional requirements 
for bookkeeping or record keeping. Since the expected economic impacts 
are small and positive, there is no expectation that any of the small 
business entities comprising the universe will cease business if the 
actions are implemented.
    As a result, a regulatory flexibility analysis was not prepared. 
Copies of the RIR are available (see ADDRESSES).

List of Subjects in 50 CFR Part 622

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

    Dated: December 15, 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. 622.34, paragraph (m) is added to read as follows:


Sec. 622.34  Gulf EEZ seasonal and/or area closures.

* * * * *
    (m) Closures of the Gulf group king mackerel gillnet fishery. The 
gillnet fishery for Gulf group king mackerel in or from the EEZ is 
closed each fishing year from July 1 until 6:00 a.m. on the day after 
the Martin Luther King Jr. Federal holiday, which is the third Monday 
in January. The gillnet fishery also is closed during all subsequent 
weekends and observed Federal holidays, except for the first weekend 
following the Martin Luther King Jr. holiday which will remain open to 
the gillnet fishery provided a notification of closure of that fishery 
has not been filed under Sec. 622.43(a). Weekend closures are effective 
from 6:00 a.m. Saturday to 6:00 a.m. Monday. Holiday closures are 
effective from 6:00 a.m. on the observed Federal holiday to 6:00 a.m. 
the following day. All times are eastern standard time. During these 
closures, a person aboard a vessel using or possessing a gillnet with a 
stretched-mesh size of 4.75 inches (12.1 cm) or larger in the Florida 
west coast subzone may not fish for or possess Gulf group king 
mackerel.
    3.In Sec. 622.39, paragraph (c)(1)(iv) is revised to read as 
follows:


Sec. 622.39  Bag and possession limits.

* * * * *
    (c) * * *
    (1) * * *
    (iv) Gulf migratory group Spanish mackerel--15.
* * * * *
    4. In Sec. 622.42, paragraph (c)(2)(i) is revised to read as 
follows:


Sec. 622.42  Quotas.

* * * * *
    (c) * * *
    (2) * * *
    (i) Gulf migratory group. The quota for the Gulf migratory group of 
Spanish mackerel is 5.187 million lb (2.353 million kg).
* * * * *
    5. In Sec. 622.44, paragraph (a)(2)(ii)(A)(1) is revised to read as 
follows:


Sec. 622.44  Commercial trip limits.

* * * * *
    (a) * * *
    (2) * * *
    (ii) * * *
    (A) * * *
    (1) In the 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), in amounts not exceeding 25,000 lb 
(11,340 kg) per day, provided the gillnet fishery for Gulf group king 
mackerel is not closed under Sec. 622.34(m) or Sec. 622.43(a).
* * * * *
[FR Doc. 99-32923 Filed 12-20-99; 8:45 am]
BILLING CODE 3510-22-F