[Federal Register Volume 65, Number 92 (Thursday, May 11, 2000)]
[Rules and Regulations]
[Pages 30362-30364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11876]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 991112303-0069-02; 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; Catch Specifications for Gulf Group King and Spanish Mackerel

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 increases in the total allowable catch (TAC) and 
the bag limit for Gulf group Spanish mackerel and establishes 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: This final rule is effective June 12, 2000.

FOR FURTHER INFORMATION CONTACT: Dr. Steve Branstetter, telephone: 727-
570-5305, fax: 727-570-5583, e-mail: [email protected].

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 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) recommended, and NMFS 
published, a proposed rule (64 FR 71388, December 21, 1999) to 
implement increases in the total allowable catch (TAC) and the bag 
limit for Gulf group Spanish mackerel and a new fishing season for the 
Gulf group king mackerel gillnet fishery. The proposed rule described 
the need and rationale for these measures, which are not repeated here.

Comments and Responses

    Three individuals submitted comments; several of the points raised 
by the commenters were the same. The relevant points and NMFS' 
responses are presented here:
    Comment 1: Two commenters opposed the delay in the opening date of 
the gillnet season from November 1 to the Tuesday after the Martin 
Luther King, Jr., holiday in January. One commenter believed that this 
action would shorten the season substantially and create an economic 
hardship on the fishery. The commenter suggested that a viable 
alternative would be to retain the November 1 opening date and close 
all weekends and holidays. The second commenter believed that altering 
the opening date for the gillnet fishery was discriminatory against the 
hook-and-line fishery and that the action was being taken without any 
evaluations of the sociological impacts on other commercial and charter 
king mackerel fishermen.
    Response: NMFS can only approve, partially approve, or disapprove 
actions submitted by the Councils and cannot substitute alternative 
actions for those submitted by the Councils. Therefore, NMFS did not 
consider retaining the opening date of November 1 for the gillnet 
fishery, with all weekends and holidays closed. Nevertheless, the 
intent of the change in the fishing season is to avoid quota overruns 
due to the 3-day holiday. The change in the opening date of the gillnet 
season should have little overall impact on the fishery regarding its 
ability to meet the gillnet quota. The fishery normally does not begin 
to harvest fish until after January 1 and has the capacity to meet its 
quota in a week's time. Since 1995, all landings occurred in January or 
early February, except in 1998 when some landings were recorded in 
November and December. During this timeframe, the fishery has met its 
quota in 7 to 31 days.
    Delaying the opening date for the gillnet sector of the fishery 
should not impact the other fishing sectors. The gillnet fishery has a 
dedicated quota that historically has been harvested during the month 
of January and February, with as much as 50 to 100 percent of

[[Page 30363]]

that quota being harvested within only 3 to 4 days. Fishing effort is 
unlikely to be concentrated into a shorter timeframe under the new 
opening date than has been demonstrated in the past, nor would this 
impinge on the ability of other sectors to harvest king mackerel under 
their allocations or quotas. On the other hand, delaying the opening 
date and closing weekends to fishing should enhance NMFS' ability to 
close the fishery when the quota is reached without allowing overruns 
to occur during time periods when a closure notice cannot be published 
in the Federal Register.
    Comment 2: One commenter requested NMFS to reconsider its decision 
to continue the zero-fish bag limit for Gulf group king mackerel for 
the captains and crews of for-hire vessels. The commenter stated that 
there was no evidence to substantiate that a two-fish captain and crew 
bag limit contributed to overruns of the recreational allocation. The 
commenter pointed out that, during the 1997/1998 fishing year, the 
recreational allocation was exceeded by only 3 percent; in 1998/1999, 
the recreational allocation was not met; and based on preliminary 
information available from the Marine Recreational Fishing Statistics 
Survey (MRFSS) for king mackerel catches in the Gulf of Mexico, it 
appeared that the recreational allocation would not be met for the 
1999/2000 fishing year.
    Response: In establishing a zero-fish bag limit for captains and 
crews of for-hire vessels (64 FR 45457, August 20, 1999) NMFS stated 
that the catch attributable to this segment of the fishery contributed 
to overruns of the recreational allocation, led to bag limit 
enforcement problems, and adversely impacted fishing mortality 
estimates when those recreationally caught fish were subsequently sold 
and then counted against the commercial quota. NMFS considered the 
Council's proposed measure for a two-fish bag limit for captains and 
crew to be contrary to the goals and objectives of the FMP and the 
requirements of the Magnuson-Stevens Act to maintain and rebuild 
overfished stocks. Therefore, NMFS disapproved the measure and did not 
propose a rule to reinstate a two-fish bag limit for captains and crew. 
Further rationale for this decision is contained in the proposed rule 
(64 FR 71388, December 21, 1999).
    NMFS acknowledges that, during the 1997/1998 and 1998/1999 fishing 
years, the recreational catch was either under or only slightly over 
the allocation. Nevertheless, since 1986, recreational catch has 
exceeded the allocation by an average of 37 percent, and the 
charterboat fishery accounts for more than half of the total 
recreational landings of Gulf group king mackerel. NMFS estimates that 
a 10- to 12-percent reduction in recreational catch of Gulf group king 
mackerel could be achieved from the zero-fish bag limit for the 
captains and crews of for-hire vessels.
    Catches of Gulf group king mackerel cannot be directly calculated 
solely from MRFSS data for the Gulf of Mexico. During the period 
November 1 through March 31, Gulf group king mackerel is considered to 
extend northward along the Atlantic coast of Florida to the Flagler/
Volusia County line. Large numbers of king mackerel are caught on the 
Atlantic coast during this time. Thus, any estimates of recreational 
catch based solely on Gulf of Mexico surveys will underestimate the 
total catch for Gulf group king mackerel.

Classification

    This final 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 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.
    This rule does not contain a collection-of-information requirement 
subject to the Paperwork Reduction Act.

List of Subjects in 50 CFR Part 622

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

    Dated: May 5, 2000.
Penelope D. Dalton,
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. 622.34, paragraph (p) is added to read as follows:


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

* * * * *
    (p) Closures of the Gulf group king mackerel gillnet fishery. The 
gillnet fishery for Gulf group king mackerel in or from the Gulf 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. 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 southern 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:

[[Page 30364]]

Sec. 622.44  Commercial trip limits.

* * * * *
    (a) * * *
    (2) * * *
    (ii) * * *
    (A) * * *
    (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), 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(p) or Sec. 622.43(a).
* * * * *
[FR Doc. 00-11876 Filed 5-10-00; 8:45 am]
BILLING CODE 3510-22-F