[Federal Register Volume 65, Number 207 (Wednesday, October 25, 2000)]
[Proposed Rules]
[Pages 63837-63839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27076]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0281-01; I.D. 082900C]
RIN 0648-AN85


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South 
Atlantic; 2000-2001 Catch Specifications for Gulf Group King 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, for Gulf group king mackerel, to reduce the total 
allowable catch (TAC), reinstate a 2-fish per person daily bag limit 
for captain and crew of for-hire vessels (charter vessels and 
headboats), and revise the commercial trip limit applicable within the 
Florida east coast subzone (Miami-Dade County, FL through Volusia 
County, FL). The intended effect of this proposed rule is to protect 
the Gulf group king mackerel stock from overfishing while still 
allowing catches by the commercial and recreational fisheries. In 
addition, NMFS proposes a minor change to correct a cross-reference.

DATES: Written comments must be received no later than 4:30 p.m., 
eastern standard time, on November 24, 2000.

ADDRESSES: Written comments on the proposed rule must be sent to Dr. 
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.
    Comments on any ambiguity or unnecessary complexity arising from 
the language used in this proposed rule should be directed to Rod 
Dalton, Southeast Regional Office, at the above address.
    Requests for copies of the environmental assessment and regulatory 
impact review 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, telephone: 813-228-2815, fax: 813-225-7015, 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 by NMFS and implemented by regulations at 50 CFR part 622.
    In accordance with the FMP's framework procedure, the Gulf of 
Mexico Fishery Management Council (Gulf Council) and South Atlantic 
Fishery Management Council (South Atlantic Council) submitted to the 
Regional Administrator, Southeast Region, NMFS, a regulatory amendment 
that contained recommendations for changes in the catch specifications 
for Gulf migratory group king 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.

Background

Total Allowable Catch (TAC) for Gulf Group King Mackerel

    In setting TAC, the Gulf Council considered the comments of its 
Mackerel Stock Assessment Panel (MSAP), Socioeconomic Panel, Scientific 
and Statistical Committee, Mackerel Advisory Panel, public testimony, 
and legal requirements of the Sustainable Fisheries Act. The MSAP 
concluded that there is only a 33-percent chance that the stock is 
undergoing overfishing, and only a 35-percent chance the stock is 
overfished. Currently, the FMP's target for optimum yield (OY) for this 
stock is a fishing mortality rate that would produce a 30-percent 
static spawning potential ratio (F30% static SPR). Based on an F30% 
static SPR, the MSAP calculated a range of allowable biological catch 
(ABC) of 8.2 to 12.8 million lb (3.7 to 5.8 million kg). The Gulf 
Council chose the mid-point of the ABC range (10.2 million lb (4.6 
million kg)), which has a 50-percent chance of not exceeding the 
fishing mortality that would allow the stock to reach the OY target (an 
F > F30% static SPR). This TAC represents a slight reduction from the 
existing TAC of 10.6 million lb (4.8 million kg).
    The Gulf Council considers the TAC reduction from 10.6 million lb 
(4.8 million kg) to 10.2 million lb (4.6 million kg) sufficient to 
allow continued rebuilding of the Gulf group king mackerel stock while 
minimizing the social and economic impacts of the TAC reduction. 
Additionally, the Gulf Council recognized that benefits of reduced 
fishing mortality on the stock are accruing from the use of bycatch 
reduction devices in the shrimp fishery and the recent increase in the 
minimum size limit to 24 inches (61.0 cm) fork length.

Bag Limit for Captains and Crews of For-Hire Vessels

    The recreational sector annually exceeded its allocation between 
the 1986-1987 and 1996-1997 fishing years. In early 1998, preliminary 
information for the 1997-1998 fishing year indicated

[[Page 63838]]

that the recreational sector had again exceeded its allocation, even 
though the TAC had been increased to 10.6 million lb (4.8 million kg). 
In an effort to bring the recreational catch within the allocation, the 
Gulf Council proposed in 1998, and NMFS implemented in 1999, a zero-
fish bag limit of Gulf group king mackerel for captains and crews of 
for-hire vessels. Updated and final information on the 1997-1998 
fishing year indicated that the recreational sector did not exceed its 
7.21 million lb (3.27 million kg) allocation during the 1997-1998 
fishing year, as had been previously reported. Subsequently, the 
recreational sector did not exceed its allocation during the 1998-1999 
fishing year, and although the 2000 stock assessment was conducted 
prior to the end of the 1999-2000 fishing year, projections indicated 
that the recreational sector again would not exceed its allocation.
    Based on the results of the NMFS 2000 stock assessment, which 
indicated that the health of the stock of Gulf group king mackerel is 
continuing to improve, and that the recreational sector is maintaining 
harvest within its allocation of TAC, the Gulf Council concluded that 
it was unnecessary to continue efforts to constrain the recreational 
harvest through the use of a zero-fish bag limit of Gulf group king 
mackerel for captains and crews of for-hire vessels.

Flexible Trip Limit Schedule for the Atlantic Sub-zone

    The commercial fishery participants in the Florida east coast 
subzone of the Eastern Zone have asked for conservative measures 
regarding their trip limits, so that they are assured a steady harvest 
of fish for the entire season. However, the fishery has fallen short of 
meeting its quota for Gulf group king mackerel in all but 2 of the last 
10 years. The trip limit appears to be one factor restricting the 
opportunity to harvest the quota. The South Atlantic Council has 
proposed a more flexible trip limit system whereby the commercial trip 
limit would increase from 50 to 75 fish on February 1, if less than 75 
percent of the annual quota has been taken. This action is intended to 
allow fishermen a greater opportunity to meet their quota, while 
maintaining stability in the fishery for the majority of the season.

Change Proposed by NMFS

    In Sec. 622.44, paragraph (d)(4)(i) would be revised to correct an 
incorrect cross reference ``paragraph (e)(1)'' should read ``paragraph 
(d)(1)''.

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:
    The proposed rule would change the catch specifications for Gulf 
group king mackerel by setting total allowable catch, establish a 2-
fish per person per day bag limit for the captain and crew of for-
hire vessels, and establish a flexible trip limit for the East Coast 
subzone of the Eastern Zone (Miami-Dade through Volusia Counties, 
Florida) to 75 fish if the quota is not 75 percent filled as of 
February 1.
    The Magnuson-Stevens Fishery Conservation and Management Act 
provides the statutory basis for the rule. The rule would contribute 
to the attainment of three of the eight basic objectives of the FMP, 
namely to stabilize yield at MSY, to provide a flexible management 
system, and to optimize the economic and social benefits of the 
coastal migratory pelagic fisheries.
    One action would reduce the TAC for Gulf group king mackerel 
from 10.6 million lb (4.63 million kg) to 10.2 million lb (4.81 
million kg). Another action would increase the bag limit for the 
captain and crew of for-hire vessels harvesting Gulf group king 
mackerel from zero to two fish per person per day. The final action 
would revise the trip limit for Gulf group king mackerel in the 
Florida east coast subzone of the Eastern Zone (Miami-Dade through 
Volusia Counties, Florida). The revision would replace the current 
fixed trip limit of 50 fish that applies for the entire season with 
a system whereby the trip limit will increase to 75 fish on February 
1 if 75 percent of the area quota has not been harvested as of 
February 1 of any given year.
    In the Gulf area, 1,440 commercial vessels have permits to fish 
for king mackerel. The size of these vessels ranges from an average 
of 29 ft (8.8 m) in Alabama to 41 ft (12.5 m) in Texas. They report 
an average of about $15,000 in gross sales of all species of fish, 
but the gross revenues are extremely variable with sales as low as 
$300 and ranging above $200,000. Profits are similarly variable, and 
the range is from a loss of about $25,000 to profits approaching 
$200,000. The vessels at the low and high end of profits can be 
considered as ``outliers'', and there are only a small, but unknown 
number of vessels operating at the extremes of the profit range. It 
should also be noted that these vessels are not totally dependent 
upon king mackerel sales, and king mackerel sales account for about 
33 percent of total sales. There are 1,113 for-hire vessels that 
have permits allowing the customers to harvest king mackerel. Most 
of the craft are traditional charter boats. They have an average 
length of 39 ft (11.9 m), generate average sales of about $69,000, 
and have returns over variable costs of about $15,000. All the 
commercial and for-hire harvesting units are classified as 
representing small business entities. The total number of small 
entities is somewhat less than the implied total of 2,553 because 
some firms own more than one commercial or for-hire vessel.
    The action to reduce the TAC will result in a maximum reduction 
in commercial catches of 128,000 lb (58,060 kg) valued at $149,000 
or about $103 for the average vessel. Since the average vessel 
generates about $15,000 in sales from all species of fish, the loss 
translates into an overall loss of less than one percent of sales 
and profits. It is noted that the revenues of the vessels show 
considerable variability, so some vessels are undoubtedly impacted 
to a larger degree than shown by the averages. However, as was noted 
earlier, king mackerel sales account for 33 percent of total sales, 
indicating that these vessels participate in other fisheries, 
especially because the king mackerel fishery is seasonal and fishing 
ceases due to the commercial quota being reached in one or more sub-
zones. The effect of the lower commercial quota would be evidenced 
by a slightly earlier closure of the commercial mackerel fishery in 
those years when the quota is reached. At that point, the affected 
vessels would switch to their alternate fisheries. In the western 
Gulf of Mexico, where the quota is most often met, one of the main 
alternate fisheries is yellowfin tuna, a species not under quota. 
Because of this historical fishing behavior, the short term effect 
of the slightly reduced quota will be mitigated. In addition, the 
commercial quota is not always taken, but is taken in some years, 
including the most recent fishing year. Nonetheless, for the reasons 
outlined, even if the maximum loss of $103 per vessel in terms of 
king mackerel sales occur, it is unlikely that vessels will be 
negatively impacted to the extent that they have to cease fishing.
    The action to allow a 2-fish bag limit for the captain and crew 
of for-hire vessels will provide benefits to the for-hire 
operations. Particularly in the area of the Florida Keys, the sale 
of king mackerel by the for-hire vessels adds to overall vessel and/
or crew income. It is estimated that the positive impact will amount 
to a 2.6 to 4.3 percent increase in gross revenues for the for-hire 
vessels. The recreational sector is not under a strict quota such 
that the fishery is closed when the recreational allocation is 
taken. In addition, the recreational allocation, even under a 
slightly reduced TAC circumstance, will not likely be taken. 
Therefore, the expectation of an overall increase in catches by the 
for-hire sector will have no offsetting negative impacts.
    The action to allow for an increase in the trip limit for those 
commercial fishermen operating in the Florida east coast subzone, if 
75 percent of their quota is not taken by February 1, could increase 
their catches by a small but unknown amount. Since this particular 
group of commercial fishermen does not generally take their quota, 
they stand to benefit from the more generous trip limit. However, 
overall mackerel catches by all fishermen combined will not 
increase. This result would be expected because although there are a 
number of different

[[Page 63839]]

quotas for king mackerel, the instances where any particular group 
exceeds its allocation are becoming rare. The monitoring system has 
been improved, and fishing under various quotas will cease because 
of the enhanced ability of fishery managers to monitor and close the 
relevant areas. Hence, this accounts for the most likely outcome 
whereby the somewhat enhanced trip limits for the east coast sub-
zone fishermen slightly enhances their incomes but with no change in 
overall revenues from king mackerel for all king mackerel fishermen 
combined.
    The criteria used to determine the possibility of a significant 
impact included disproportionality and profitability. As described 
earlier, although it is recognized that the small entities have 
varying revenues and profits, all the impacted entities are deemed 
to be small so there are no differential small versus large impacts. 
Since the analysis shows that revenues, and profits, for the 
commercial small entities will decline by less than 1 percent, the 
economic impacts on small entities are deemed to be not significant. 
Some small entities, including the for-hire firms and those 
commercial fishermen who harvest king mackerel in the east coast of 
Florida, will be positively impacted to a small degree. Also, per 
the earlier discussion, all the entities to be impacted are 
classified as small, so a significant number will be negatively 
impacted by the reduction in TAC, albeit by an amount that is not 
significant.
    Accordingly, an initial regulatory flexibility analysis was not 
prepared. NMFS prepared an RIR and copies are available (see 
ADDRESSES).
    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 proposed 
rule. Such comments should be sent to the Southeast Regional Office 
(see ADDRESSES).

List of Subjects in 50 CFR Part 622

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

    Dated: October 16, 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)(ii) is revised to read as 
follows:


Sec. 622.39  Bag and possession limits.

* * * * *
    (c) * * *
    (1) * * *
    (ii) Gulf migratory group king mackerel--2.
* * * * *

    3. In Sec.  622.42, paragraph (c)(1)(i) is revised to read as 
follows:


Sec. 622.42  Quotas.

* * * * *
    (c) * * *
    (1) * * *
    (i) Gulf migratory group. The quota for the Gulf migratory group of 
king mackerel is 3.26 million lb (1.48 million kg). The Gulf migratory 
group is divided into eastern and western zones separated by 
87 deg.31'06'' W. long., which is a line directly south from the 
Alabama/Florida boundary. Quotas for the eastern and western zones are 
as follows:
    (A) Eastern zone--2.25 million lb (1.02 million kg), which is 
further divided into quotas as follows:
    (1) Florida east coast subzone--1,040,625 lb (472,020 kg).
    (2) Florida west coast subzone. (i) Southern--1,040,625 lb (472,020 
kg), which is further divided into a quota of 520,312 lb (236,010 kg) 
for vessels fishing with hook-and-line and a quota of 520,312 lb 
(236,010 kg) for vessels fishing with run-around gillnets.
    (ii) Northern--168,750 lb (76,544 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 Miami-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.
    (B) Western zone--1.01 million lb (0.46 million kg).
* * * * *

    4. In Sec.  622.44, paragraphs (a)(2)(i) and (d)(4)(i) 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 at any time or landed in a day from a vessel with a commercial 
permit for king mackerel as required under Sec.  622.4(a)(2)(iii) as 
follows:
    (A) From November 1 through January 31--not to exceed 50 fish.
    (B) Beginning on February 1 and continuing through March 31--
    (1) If 75 percent or more of the Florida east coast subzone quota 
as specified in Sec.  622.42(c)(1)(i)(A)(1) has been taken--not to 
exceed 50 fish.
    (2) If less than 75 percent of the Florida east coast subzone quota 
as specified in Sec.  622.42(c)(1)(i)(A)(1) has been taken--not to 
exceed 75 fish.
* * * * *
    (d) * * *
    (4) * * *
    (i) May not possess red snapper in or from the Gulf in excess of 
the appropriate vessel trip limit, as specified in paragraphs (d)(1) 
through (d)(3) of this section.
* * * * *
[FR Doc. 00-27076 Filed 10-24-00; 8:45 am]
BILLING CODE 3510-22-S