[Federal Register Volume 69, Number 61 (Tuesday, March 30, 2004)]
[Rules and Regulations]
[Pages 16499-16500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7091]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 030917233-3304-02; 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: 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 issues this final rule 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 that are 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: This final rule is effective April 29, 2004.

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 
recommended, and NMFS published a proposed rule (68 FR 59151, October 
14, 2003), to establish biomass-based 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 final rule establishes biomass-based reference 
points, as identified in the table below, for MSY, OY, and MSST, and 
amends 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        Gulf group
                        mackerel      Spanish mackerel      cobia\1\
------------------------------------------------------------------------
           MSY\2\   Yield at F30%SPR  Yield at F30%SPR  Yield at Fmsy
                     (currently 10.7   (currently 8.7    (currently 1.49
                     million lb or     million lb or     million lb or
                     4.85 million      3.95 million      0.676 million
                     kg)               kg)               kg)
               OY   Yield at FOY =    Yield at FOY =    Yield at FOY
                     0.85[ast]Fmsy     0.75[ast]FMSY     =0.75[ast]FMSY
                     (currently 10.2   (currently 8.3    (currently 1.45
                     million lb or     million lb or     million lb or
                     4.63 million      3.76 million      0.658 million
                     kg)               kg)               kg)
             MFMT   F30%SPR = FMSY    F30%SPR = FMSY    FMSY
          MSST\3\   (1-M)[ast]BMSY    (1-M)[ast]BMSY    (1-M)[ast]BMSY
                     or 80% of BMSY    or 70% of BMSY    or 70% of 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
------------------------------------------------------------------------
\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.

    While these population parameters are part of the FMP, they will 
not appear in codified text. The parameters establish the bounds within 
which the Council and NMFS will operate in managing the stock. The 
parameters themselves are not of general applicability and legal effect 
in that they do not bind the general public, but rather guide the 
Council and NMFS in establishing more specific measures, which are 
codified in the Code of Federal Regulations and do bind the general 
public.
    On October 14, 2003, NMFS published the proposed rule on which this 
final rule is based; comments on the proposed rule were requested 
through November 13, 2003 (68 FR 59151). No comments were received.

[[Page 16500]]

Classification

    This final 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 the proposed rule for this action, if adopted, 
would not have a significant economic impact on a substantial number of 
small entities. The factual basis for the certification was published 
in the proposed rule. No comments were received regarding the 
certification or the economic impacts of this action. As a result, no 
regulatory flexibility analysis was prepared.

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

    Dated: March 25, 2004.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 04-7091 Filed 3-29-04; 8:45 am]
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