[Federal Register Volume 65, Number 95 (Tuesday, May 16, 2000)]
[Proposed Rules]
[Pages 31132-31135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12295]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 000503121-0121-01; I.D. 030600A]
RIN 0648-AN07


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 (framework procedure) of the Fishery Management 
Plan for the Coastal Migratory Pelagic Resources of the Gulf of Mexico 
and South Atlantic (FMP), NMFS proposes the following: Increase the 
annual total allowable catch (TAC) and increase the commercial trip 
limit off the southeast coast of Florida for Atlantic group king 
mackerel; increase the TAC, modify the commercial trip limits 
applicable off Florida, and increase the recreational bag limit for 
Atlantic group Spanish mackerel; and incorporate into the FMP biomass-
based values for maximum sustainable yield (MSY) and stock status 
determination criteria in compliance with the requirements of the 
Sustainable Fisheries Act of 1996, which amended the Magnuson-Stevens 
Fisheries Conservation and Management Act (Magnuson-Stevens Act). The 
intended effects of this rule are to maintain healthy stocks of king 
and Spanish mackerel while still allowing catches by important 
commercial and recreational fisheries.

DATES: Comments must be received no later than 5 p.m., eastern standard 
time, on May 31, 2000.

ADDRESSES: Written comments on the proposed rule must be mailed to the 
Southeast Regional Office, NMFS, 9721 Executive Center Drive N., St. 
Petersburg, FL 33702. Comments may also be sent via fax to 727-570-
5583. Comments will not be accepted if submitted via e-mail or the 
Internet.
    Requests for copies of the South Atlantic Fishery Management 
Council's frame work recommendations for adjustment of harvest levels 
and related matters, which includes an environmental assessment, social 
impact assessment/fishery impact statement, and regulatory impact 
review, should be sent to the South Atlantic Fishery Management 
Council, One Southpark Circle, Suite 306, Charleston, SC 29407-4699; 
telephone: 843-571-4366; fax: 843-769-4520; e-mail: [email protected].

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 and implemented by NMFS through regulations at 50 CFR part 
622. In accordance with the framework procedure, the South Atlantic 
Fishery Management Council (Council) recommended to the Regional 
Administrator, Southeast Region, NMFS (RA), management measure changes 
relating to Atlantic migratory groups of king and Spanish mackerel. 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 Council proposed an increase in annual TAC from 8.40 million lb 
(3.81 million kg) to 10.00 million lb (4.54 million kg) for Atlantic 
group king mackerel. The commercial quota would be 3.71 million lb 
(1.68 million kg) and the recreational allocation would be 6.29 million 
lb (2.85 million kg). The Council proposed an increase in annual TAC 
from 6.60 million lb (2.99 million kg) to 7.04 million lb (3.19 million 
kg) for Atlantic migratory group Spanish mackerel. The commercial quota 
would be 3.87 million lb (1.76 million kg) and the recreational 
allocation would be 3.17 million lb (1.44 million kg).
    Consistent with the framework procedure, these proposed TACs are 
within the range of the acceptable biological catch established by the 
Council. The Council believes these TACs represent a conservative 
management approach, as supported by its Scientific and Statistical 
Committee and Mackerel Advisory Panel, and are consistent with the 
attainment of optimum yield (OY) for Atlantic group king and Spanish 
mackerel, as provided by the FMP. The resulting commercial quotas and 
recreational allocations would be higher than recent harvest levels; 
consequently, no early or unexpected fishery closures or quota/
allocation overruns would be likely.

Commercial Vessel Trip Limits

    The commercial sectors of the king and Spanish mackerel fisheries 
are managed under both quotas and trip limits. The Council proposed an 
increase in the trip limit applicable off the southeast coast of 
Florida (Brevard through Miami-Dade Counties) from 50 to 75 fish per 
day from April 1 though October 31 for Atlantic group king mackerel. 
Landings records for the southeast coast of Florida indicate that as 
many as 10 to 12 percent of all trips land 40 fish or more per trip, 
and a relatively small proportion of trips (3 to 10 percent) land fish 
in excess of the trip limit. An increase in landings per trip would be 
expected to increase the net benefits per trip. It is unlikely that 
this proposed increase in the trip limit would cause an earlier closure 
of the fishery given the increased TAC for Atlantic group king 
mackerel.
    The Council proposed to change the commercial trip limits 
applicable to the fishery off Florida for Atlantic group Spanish 
mackerel. Currently, the trip limits south of the Georgia/Florida 
boundary are as follows: From April 1 through October 31 - 1,500 lb 
(680 kg); from November 1 until 75 percent of the adjusted quota is 
taken, no trip limit on Monday, Wednesday, and Friday, and 1,500 lb 
(680 kg) on other days; after 75 percent of the adjusted quota is taken 
until 100 percent is taken - 1,500 lb (680

[[Page 31133]]

kg); and after 100 percent of the adjusted quota is taken until the end 
of the fishing year - 500 lb (227 kg). The adjusted quota is 3.38 
million lb (1.53 million kg), which is derived from the 3.87-million lb 
(1.76-million kg) quota for Atlantic group Spanish mackerel as reduced 
to allow continued harvests 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.
    As proposed by the Council for the Atlantic group Spanish mackerel 
commercial fishery off Florida, from April 1 through November 30 the 
trip limit would be 3,500 lb (1,588 kg); from December 1 until 75 
percent of the adjusted quota is taken there would be no trip limit on 
Monday through Friday and on Saturday and Sunday the trip limit would 
be 1,500 lb (680 kg).
    The proposed increase in the commercial trip limit off Florida for 
the April 1 - November 30 period would benefit those vessels that are 
currently constrained by the trip limit, since it would increase their 
net benefits per trip. While the commencement of unlimited trip limits, 
currently November 1, would be delayed for one month, vessels would be 
compensated by an increase of two days per week on which unlimited 
fishing would be allowed.

Recreational Bag Limit

    The Council proposed to increase the recreational bag limit for 
Atlantic group Spanish mackerel from 10 to 15 fish per person per day. 
It is unlikely that this proposed increase in the recreational bag 
limit would cause the recreational allocation to be exceeded given the 
increased TAC for Atlantic group Spanish mackerel. The proposed 
increase in the bag limit would be expected to increase the economic 
and social benefits.

Biomass-Based Parameters

    Section 303 of the Magnuson-Stevens Act requires that the regional 
fishery management councils (councils) (1) assess the condition of 
managed stocks, (2) specify within their fishery management plans 
objective and measurable criteria for identifying when the stocks are 
overfished and when overfishing is occurring (referred to by NMFS as 
stock status determination criteria), and (3) amend their fishery 
management plans to include measures to rebuild overfished stocks and 
maintain them at healthy levels capable of producing maximum 
sustainable yield (MSY). NMFS' national standard guidelines direct the 
councils to meet these statutory requirements by incorporating into 
each fishery management plan estimates of certain biomass-based 
parameters for each stock, including Bmsy (Bmsy is the weight (biomass) 
of the stock that will produce MSY) and the minimum stock size 
threshold (MSST) (MSST is a stock status determination criterion that 
indicates the minimum stock size that is required to produce MSY, below 
which the stock would be considered overfished). A maximum fishing 
mortality threshold (MFMT) for determining whether overfishing is 
occurring is also required for each stock (MFMT is the level or rate of 
fishing mortality, that if exceeded, will result in overfishing and 
jeopardize the capacity of a stock to produce MSY on a continuing 
basis). Heretofore, the Council used spawning potential ratios to 
indicate whether Atlantic group king and Spanish mackerel stocks were 
at the MSY level or overfished because it did not have the necessary 
information for generating the status determination criteria (Bmsy and 
MSST). However, based on stock assessment information provided recently 
by NMFS to the Council, the Council is proposing to incorporate into 
the FMP, through the framework procedure, the required biomass-based 
parameters. Accordingly, the Council's proposes the range estimates of 
MSY, BMSY, MSST, and MFMT shown below. NMFS invites public comment on 
these estimated parameters.

 
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                                   MSY - million lb (million                                  MFMT - fishing
         Atlantic Group                       kg)                 BMSY*        MSST*          mortality rate
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King Mackerel                          9.4 - 14.5 (4.3 - 6.6)    4.7 - 7.1    4.0 - 6.1              0.32 - 0.48
Spanish Mackerel                        5.7 - 7.5 (2.6 - 3.4)  12.2 - 15.8   8.5 - 11.1             0.38 - 0.48
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* Biomass values are a unitless relative fecundity estimate in millions.

    The FMP's determinations regarding ``overfishing'' and 
``overfished'' would change with the adoption of these new stock status 
determination criteria. The Council proposes to define overfishing of a 
stock as occurring if Fcurrent / Fmsy > 1.0 
(where Fcurrent is the current fishing mortality rate and Fmsy is the 
level of fishing mortality that results in MSY). A stock would then be 
overfished if Bcurrent / MSST is  1.0, where MSST =(1.0- 
M)Bmsy (where Bcurrent is the current stock biomass and M is 
the natural mortality--a measurement of the rate of removal of fish 
from a population from natural causes).
    The RA initially concurs that the Council's recommendations meet 
the goals and objectives of the FMP and that they are consistent with 
the FMP, the Magnuson-Stevens Act, and other applicable law. 
Accordingly, the Council's recommended changes are published for 
comment.

Classification

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 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, 
as follows:
    For Atlantic group king mackerel, the proposed rule would increase 
the TAC from 8.4 million lb (3.8 million kg) to 10.0 million lb (4.5 
million kg) and would increase the trip limit in the southern zone from 
50 to 75 fish. For Atlantic group Spanish mackerel, the proposed rule 
would increase the TAC from 6.6 million lb (3.0 million kg) to 7.04 
million lb (3.19 million kg), would increase the recreational bag limit 
from 10 to 15 fish per day, and would modify the commercial trip limit 
system for the area south of the Florida-Georgia border. The action 
would also modify MSY, stock status determination criteria, and 
definitions of ``overfishing'' and ``overfished'' for Atlantic group 
king and Spanish mackerel.
    All commercial fishing and for-hire businesses that have permits to 
harvest Atlantic group king and Spanish mackerel are considered to be 
small entities, and the Council concluded that a substantial number of 
these small entities (greater than 20 percent) operating in commercial 
and for-hire fisheries could be affected by the proposed changes. 
Although the exact

[[Page 31134]]

number of small businesses that actually exercise their permit rights 
is unknown, the approximate numbers of small businesses holding harvest 
permits are as follows: Commercial king and Spanish mackerel - 1,200 
and for-hire - 600.
    Atlantic Group King Mackerel The Council's proposal to increase TAC 
from 8.4 million lb (3.8 million kg) to 10.0 million lb (4.5 million 
kg) would provide for a commercial quota of 3.12 million lb (1.42 
million kg) or a 590,000-lb (267,620-kg) increase. However, given the 
fact that commercial landings since 1990 have never exceeded 2.7 
million lb (1.2 million kg), the increased TAC would not likely 
constrain catches. Also, present harvesting capacity may not be 
sufficient to take advantage of the increased TAC. The TAC increase 
will result in a recreational allocation of 6.29 million lb (2.85 
million kg) or an increase of 1.0 million lb (0.45 million kg). 
Recreational catches for the 1997/98 and 1998/99 seasons were 5.39 and 
3.62 million lb (2.45 and 1.64 million kg) respectively, so there is a 
small possibility that the increased recreational allocation could be 
exceeded. However, the recreational fishery is not subject to closure 
actions regardless of the size of the catch, i.e., recreational catches 
are not constrained by the recreational allocation. Noting that an 
increased allocation is based on the fact of increased stock size, 
catches may increase slightly because catch per unit effort may rise 
slightly. Nonetheless, any increase in catch will be related to stock 
size and not to the level of the official allocation.
    The other proposed king mackerel measure would increase the daily 
trip limit from 50 to 75 fish from April 1 through October 31 in the 
EEZ off Brevard through Miami-Dade counties (Florida). Since this area 
accounts for about 50 percent of the commercial catches, there is a 
possibility that raising the trip limit could result in increased 
catches for the year. Recent data indicate that over 90 percent of 
commercial trips in this area catch 50 fish or less, and the other 
trips represent either violations of existing laws or the reporting of 
multiple trips as one trip. Also, over 80 percent of trips for the last 
two seasons resulted in catches averaging less than 30 fish. 
Nonetheless, to the extent that a small percentage of current trips are 
constrained by the status quo, there may be a small increase in the 
total catches and a concurrent small increase in associated commercial 
revenues. This increase is expected to be small enough that no 
measurable decrease in price would be expected.
    Atlantic Group Spanish Mackerel The Council proposes an increase in 
TAC for Atlantic group Spanish mackerel from 6.6 million lb (3.0 
million kg) to 7.04 million lb (3.19 million kg), or an increase of 
440,000 lb (199,581 kg). This will result in a commercial quota of 3.87 
million lb (1.76 million kg) or 240,000 lb (108,862 kg) above the 
current quota. Starting with the 1995/96 season, a ban on the use of 
nets in Florida waters has constrained commercial landings; the catches 
have ranged from 2.0 to 3.3 million lb (0.9 to 1.5 million kg) since 
the ban was instituted. Given these factors, the TAC increase is not 
expected to result in increased annual commercial landings, and no 
economic effects on the commercial harvesting sector are expected from 
the increase in TAC. The recreational allocation under the increased 
TAC would be 3.17 million lb (1.44 million kg). Since recreational 
landings have averaged less than 1.2 million lb (0.54 million kg) for 
the last 5 years, the increase in the recreational allocation is 
unlikely to have any economic impact on the recreational for-hire 
fishery.
    Since the recreational allocations have not been reached in recent 
years, the Council also proposes an increase in the recreational daily 
bag limit from 10 to 15 Spanish mackerel per person. Since some of the 
for-hire small entities target Spanish mackerel seasonally, there is a 
possibility that the increase in the bag limit would lead to an 
increased number of for-hire trips. However, only about 2 percent of 
for-hire trips target Spanish mackerel and over 97 percent of recent 
recreational trips result in landing at the current bag limit or less. 
Consequently, the proposed increase in the bag limit is expected to 
have a positive, but very small, economic impact on the for-hire 
sector.
    The other proposed Spanish mackerel measure would modify the 
commercial trip limit system governing commercial catches south of the 
Georgia/Florida border. Since the landings south of Georgia constitute 
about 80 percent of the total annual commercial landings of Spanish 
mackerel, these trip limit changes could possibly affect overall 
landings. These changes include an increase in the trip limit to 3,500 
lb (1,588 kg) from April 1 through November 30, as opposed to the 
current 1,500 lb (680.4 kg) trip limit for the period April 1 through 
October 31. In addition, there is a proposal to allow unlimited fishing 
on all weekdays and to impose a 1,500 lb (680.4 kg) trip limit for 
Saturday and Sunday starting on December 1 until 75 percent of the 
quota is reached, at which point the trip limit would be 1,500 lb 
(680.4 kg) for all days of the week. The current system provides for 
unlimited fishing on Monday, Wednesday, and Friday and a 1,500-lb 
(680.4-kg) trip limit on Tuesday, Thursday, Friday, and Saturday 
starting on November 1 until 75 percent of the quota is reached at 
which point the trip limit is set at 1,500 lb (680.4 kg) for all days 
of the week. The most important parts of this rather complex set of 
changes concern the increase in the trip limit from 1,500 lb to 3,500 
lb (680.4 to 1,588 kg), a shortening of the unlimited season, and an 
increase in the number of days of unlimited fishing for other parts of 
the year. Some of these trip limit changes would tend to result in 
larger annual commercial landings and revenues, while other changes 
would tend to reduce landings and revenues. The analysis of the 
expected overall impacts of the trip limit changes for Spanish mackerel 
is hampered because of limited seasonal, areal, and catch-per-trip 
data; also, logbooks have only recently been implemented and these data 
are not yet available. Despite these difficulties, and based on the way 
the fishery tends to operate seasonally, the tentative conclusion is 
that the change in the trip limit from 1,500 to 3,500 lb (680.4 to 
1,588 kg) is not likely to have the large positive impact expected 
because this particular change will pertain at a time of the year when 
Spanish mackerel are not seasonally abundant, and catch-per-trip tends 
to be less than the current trip limit of 1,500 lb (680.4 kg). Any 
significant changes in landings would result from the combined effects 
of shortening the unlimited season and allowing more unlimited days 
during the unlimited season. Reducing the unlimited season by one month 
will, in effect, reduce the number of days of unlimited fishing by 
about 12 days; adding unlimited days during a given week within the 
shorter unlimited season will add about 16 days of unlimited fishing. 
Hence, the expectation is for a small increase in the annual commercial 
catch of Spanish mackerel for all the trip limit changes in aggregate.
    The modification of MSY and the incorporation into the FMP of 
biomass-based stock status determination criteria includes: Setting the 
king mackerel MSY at 9.4-14.5 million lb (4.3-6.6 million kg); setting 
the Spanish mackerel MSY at 5.7- 7.5 million lb (2.6-3.4 million kg); 
setting the fishing mortality rate (MFMT) at 0.40 (=F30% Static SPR) 
consistent with MSY; establishing a Bmsy of 4.7-7.1 for king

[[Page 31135]]

mackerel and a Bmsy of 12.2-15.8 for Spanish mackerel (the values 
represent relative fecundity and are unitless); and, setting the 
minimum stock size threshold (MSST) at 4.0-6.1 for king mackerel and at 
8.5-11.1 for Spanish mackerel (the values represent relative fecundity 
and are unitless). The Council also proposed revised definitions of 
``overfished'' and ``overfishing'' for Atlantic king and Spanish 
mackerel. The stocks of Atlantic king and Spanish mackerel are 
currently neither overfished nor are undergoing overfishing. This means 
that the proposed MSY modifications and the biomass-based status 
determination criteria that would be added should have no impact on the 
TACs proposed by the Council and, hence, no economic impact on small 
entities.
    Other Findings None of the proposals described above would result 
in increased compliance costs of reporting or record keeping. Also, 
there would be no differential large business versus small business 
impacts because the entire population is composed of small businesses. 
Additionally, the proposals will not create new capital costs, and no 
businesses are expected to have to cease operations if the proposals 
are implemented.
    The overall determination resulting from an examination of the 
proposed changes individually and in aggregate is that there is not 
expected to be a significant economic impact on a substantial number of 
the small entities engaged in the commercial harvest or for-hire 
sectors of the Atlantic group king and Spanish mackerel fisheries.
    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: May 10, 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 
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. 622.39, paragraph (c)(1)(iii) is revised to read as 
follows:


Sec. 622.39  Bag and possession limits.

* * * * *
    (c) * * *
    (1) * * *
    (iii) Atlantic migratory group Spanish mackerel--15.
* * * * *
    3. 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 3.71 million lb (1.68 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 3.87 million lb (1.76 million kg).
* * * * *
    4. In Sec. 622.44, paragraph (a)(1)(iii) and paragraphs 
(b)(1)(ii)(A) and (B) are revised to read as follows:


Sec. 622.44  Commercial trip limits.

* * * * *
    (a) * * *
    (1) * * *
    (iii) In the area between 28 deg.47.8' N. lat. and 25 deg.20.4' N. 
lat., which is a line directly east from the Miami-Dade/Monroe County, 
FL, boundary, king mackerel in or from the EEZ may not be possessed on 
board or landed from a vessel in a day in amounts exceeding 75 fish 
from April 1 through October 31.
* * * * *
    (b) * * *
    (1) * * *
    (ii) * * *
    (A) From April 1 through November 30, in amounts exceeding 3,500 lb 
(1,588 kg).
    (B) From December 1 until 75 percent of the adjusted quota is 
taken, in amounts as follows:
    (1) Mondays through Fridays--unlimited.
    (2) Saturdays and Sundays--not exceeding 1,500 lb (680 kg).
* * * * *
[FR Doc. 00-12295 Filed 5-15-00; 8:45 am]
BILLING CODE 3510-22-F