[Federal Register Volume 65, Number 128 (Monday, July 3, 2000)]
[Rules and Regulations]
[Pages 41015-41016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16774]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 000503121-0189-02; 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: Final rule.

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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 issues this final rule to: Increase the 
annual total allowable catch (TAC) and increase the commercial trip 
limit off the southeast coast of Florida for Atlantic group king 
mackerel; and increase the TAC, modify the commercial trip limits 
applicable off Florida, and increase the recreational bag limit for 
Atlantic group Spanish mackerel. 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: This final rule is effective August 2, 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 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, and NMFS published, a 
proposed rule (65 FR 31132, May 16, 2000) to: Increase the annual TAC 
and increase the commercial trip limit off the southeast coast of 
Florida for Atlantic group king mackerel; and increase the TAC, modify 
the commercial trip limits applicable off Florida, and increase the 
recreational bag limit for Atlantic group Spanish mackerel. The 
proposed rule described the need and rationale for these measures, 
which are not repeated here.

Comments and Responses

    One public comment on the proposed rule was received from the 
Council.
    Comment: The Council reiterated its support for a TAC of 7.04 
million lb (3.19 million kg) for Atlantic group Spanish mackerel; noted 
that the regulations would relieve restrictions, consistent with 
conserving the resource, and would benefit fishers who had experienced 
necessary restrictions in the past; and urged timely implementation of 
the regulations.
    Response: NMFS agrees that the Council's proposed actions are 
appropriate, has approved them, and is implementing them by this final 
rule.

Change from the Proposed Rule

    The proposed rule inadvertently did not include the revision of the 
adjusted quota for Atlantic group Spanish mackerel that results 
automatically from the increase in TAC. This final rule incorporates 
the appropriate revision in Sec. 622.44(b)(2).

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 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration when

[[Page 41016]]

this rule was proposed that it 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.
    The President has directed Federal agencies to use plain language 
in their communications with the public, including regulations. To 
comply with this directive, we seek public comment on any ambiguity or 
unnecessary complexity arising from the language used in this final 
rule. Comments should be sent to the Southeast Regional Office, NMFS, 
9721 Executive Center Drive N., St. Petersburg, FL 33702.

List of Subjects in 50 CFR Part 622

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

    Dated: June 27, 2000.
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. 622.39, 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), paragraphs (b)(1)(ii)(A) 
and (B), and the first sentence of paragraph (b)(2) 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.20.47' 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).
* * * * *
    (2) For the purpose of paragraph (b)(1)(ii) of this section, the 
adjusted quota is 3.62 million lb (1.64 million kg). * * *
* * * * *
[FR Doc. 00-16774 Filed 6-30-00; 8:45 am]
BILLING CODE 3510-22-F