[Federal Register Volume 68, Number 198 (Tuesday, October 14, 2003)]
[Proposed Rules]
[Pages 59151-59153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25924]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 030917233-3233-01; I.D. 082703A]
RIN 0648-AP50


Fisheries of the Gulf of Mexico; Coastal Migratory Pelagic 
Resources; Stock Status Determination Criteria

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 incorporate into the FMP biomass-based stock 
status determination criteria consistent with the requirements of the 
Magnuson-Stevens Fisheries Conservation and Management Act (Magnuson-
Stevens Act). Criteria to be incorporated include maximum sustainable 
yield (MSY), optimum yield (OY), minimum stock size threshold (MSST) 
and maximum fishing mortality threshold (MFMT) for king and Spanish 
mackerel and cobia stocks under the jurisdiction of the Gulf of Mexico 
Fishery Management Council (Council).

DATES: Written comments must be received on or before November 13, 
2003.

ADDRESSES: Written comments on the proposed rule should be mailed to 
Dr. Steve Branstetter, Southeast Regional Office, NMFS, 9721 Executive 
Center Drive N., St. Petersburg, FL 33702. Comments may also be sent 
via fax to 727-522-5583. Comments will not be accepted if submitted via 
e-mail or Internet.
    Requests for copies of the regulatory amendment, which includes an

[[Page 59152]]

Environmental Assessment, a Regulatory Flexibility Act Analysis (RFAA), 
and a Regulatory Impact Review (RIR), 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-
570-5796, fax: 727-570-5583, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The fisheries for coastal migratory pelagic 
(CMP) 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 Council has 
submitted to the Regional Administrator, Southeast Region, NMFS, a 
regulatory amendment containing recommendations for changes in 
designations of stock status criteria for Gulf migratory groups of king 
and Spanish mackerel and for a Gulf migratory group of cobia (to be 
designated via subsequent plan amendment). The most recent scientific 
evidence indicates that the cobia stock is comprised of separate 
migratory groups in the Gulf of Mexico and Atlantic. However, the FMP 
identifies only a single cobia stock. The establishment of separate 
migratory groups of cobia will require that the FMP be amended. 
Therefore, implementation of the stock status criteria for a Gulf 
migratory group of cobia would be deferred pending the development of 
an amendment to the FMP.
    Section 303 of the Magnuson-Stevens Act requires that the regional 
fishery management 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 MSY. NMFS' national standard 
guidelines (NSGs) direct the councils to meet these statutory 
requirements by incorporating into each FMP estimates of certain 
biomass-based parameters for each stock, including a designation of the 
stock biomass that will produce MSY (BMSY).
    On November 17, 1999, NMFS notified the Council that it had 
partially approved the Council's Generic Sustainable Fisheries Act 
Amendment. In that notification, NMFS approved the designation and 
definition of an MFMT for CMP fish stocks managed under the 
jurisdiction of the Council, but disapproved the proposed designations 
of MSY, OY, and MSST because they were not biomass-based, as 
recommended by the NSGs. Since that time, NMFS has worked cooperatively 
with the Council to develop acceptable stock status criteria for the 
Gulf migratory groups of those CMP stocks.
    Accordingly, this proposed rule would establish biomass-based 
reference points, as identified in the table below, for MSY, OY, and 
MSST, and would amend the existing designations of MFMT for Gulf 
migratory group king mackerel, Gulf migratory group Spanish mackerel, 
and a (to be designated) Gulf migratory group of cobia.

----------------------------------------------------------------------------------------------------------------
                                           Gulf group king         Gulf group Spanish
                                               mackerel                 mackerel           Gulf group cobia\1\
----------------------------------------------------------------------------------------------------------------
MSY\2\...............................  yield at F30%SPR         yield @                  yield @ Fmsy(currently
                                        (currently 10.7          F30%SPR(currently 8.7    1.49 million lb or
                                        million lb or 4.85       million lb or 3.95       0.676 million kg)
                                        million kg).             million kg).
OY...................................  yield at FOY =           yield at FOY = 0.75      yield @ FOY =0.75*FMSY
                                        0.85*FMSY (currently     *FMSY (currently 8.3     (currently 1.45
                                        10.2 million lb or       million lb or 3.76       million lb or 0.658
                                        4.63 million kg).        million kg).             million kg)
MFMT.................................  F30%SPR = FMSY.........  F30%SPR = FMSY.........  FMSY
MSST \3\.............................  (1-M)*BMSY or 80% of     (1-M)*BMSY or 70% of     (1-M)*BMSY or 70% of
                                        BMSY.                    BMSY.                    BMSY
overfished...........................  50% probability          50% probability          50% probability
                                        Fcurrent > FMSY.         Fcurrent > FMSY.         Fcurrent > FMSY
overfishing..........................  50% probability          50% probability          50% probability
                                        Bcurrent < MSST.         Bcurrent < MSST.         Bcurrent < MSST
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\1\ Implementation deferred pending formal designation of a Gulf migratory group of cobia through an amendment
  to the FMP.
\2\ F = fishing mortality rate; SPR refers to spawning potential ratio
\3\ M, or natural mortality, is estimated at 0.20 for king mackerel, and 0.30 for both Spanish mackerel and
  cobia. Bcurrent represents the current estimates of stock biomass; BMSY represents the estimated stock biomass
  required to produce MSY

    NMFS invites public comment on these proposed parameters. Comments 
received by November 13, 2003 will be considered by NMFS in its 
decision to approve or disapprove the action identified in this 
proposed rule. Comments received after that date will not be considered 
by NMFS in this decision. NMFS decision will be based on determinations 
regarding the consistency of the proposed provisions with the FMP, the 
Magnuson-Stevens Act, and other applicable law, as well as the 
consideration of comments received during the comment period on this 
proposed rule. Approved population parameters would be considered 
legitimate measures of the FMP, but would not appear in codified text.

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. 
The basis for this determination is summarized as follows.
    The Magnuson-Stevens Act provides the statutory basis for the 
proposed rule. The proposed rule would establish benchmarks and 
status criteria for Gulf migratory groups of king and Spanish 
mackerel, and a pending designation of a Gulf migratory group of 
cobia. The establishment of these stock status criteria would allow 
more accurate assessments regarding the health of these fish stocks, 
prevent overfishing, and provide optimum benefits to the fisheries 
and the public. No projected reporting, record keeping or other 
compliance requirements are proposed. No duplicative, overlapping or 
conflicting Federal rules have been identified.
    In the Gulf area, 1,440 commercial vessels have permits to fish 
for king mackerel. These vessel owners have a median net (taxable) 
income of $3,670. These vessels operate in multiple fisheries and 
are not, therefore, totally dependent upon sales of coastal 
migratory pelagic species. There are 113 for-hire vessels that only 
have a permit for coastal migratory pelagic species, and 1,403 for-
hire vessels that possess both reef fish and coastal migratory 
pelagic permits. Most of the for-hire craft are traditional charter 
boats, and fishing for coastal migratory pelagic species comprises 
only a portion of their total effort and revenues. The median

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gross fishing revenue was approximately $20,000, with a median value 
for net income of $4,000. Thus, all the commercial and for-hire 
harvesting units are classified as small entities. Since the 
proposed rule would apply to all entities participating in the 
coastal migratory pelagic fishery and all entities are classified as 
small entities, the proposed rule would apply to a substantial 
number of small entities.
    The criteria used to determine significant impact include 
disproportionality and profitability. As described earlier, all the 
affected entities are classified as small entities so the issue of 
disproportionate impacts does not arise. Further, since there are no 
implementing regulations associated with the proposed rule, there 
would be no direct effects on current fishery participation, effort, 
harvests, or other use of the resource. All current entities can 
continue to participate in the fishery in the manner in which they 
currently operate. Therefore, all current harvests, costs, and 
profits would remain unchanged. Any adverse effects on small 
entities that participate in the fishery would only occur in the 
future, should stock conditions change, requiring a need to adjust 
fishery regulations to achieve the benchmarks established by this 
proposed rule. The likelihood of this occurring in either the near 
or distant future is unknown and cannot be determined. Further, the 
resultant impact of these future regulations cannot be predicted 
since the magnitude of required change is unknown, as is the method 
that would be selected to achieve the required change. These 
impacts, however, would be determined should such change be 
required.
    In summary, while the proposed rule would apply to a substantial 
number of small entities, these entities would not be affected in a 
significant way since status quo fishing practices are allowed to 
continue. The proposed rule would establish targets/goals that 
current and future management actions would attempt to achieve/
attain. However, at this time, no changes in existing harvest 
restrictions are proposed. Future changes to harvesting restrictions 
would be evaluated for their impacts when they are proposed. 
Therefore, the proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small 
entities and, thus, an initial regulatory flexibility analysis was 
not required.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: October 8, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 03-25924 Filed 10-10-03; 8:45 am]
BILLING CODE 3510-22-S