[Federal Register Volume 70, Number 43 (Monday, March 7, 2005)]
[Proposed Rules]
[Pages 10933-10934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4377]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[I.D. 030105D]
RIN 0648-AS53


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic; 
Amendment 15

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of availability of Amendment 15 to the Fishery 
Management Plan for the Coastal Migratory Pelagic Resources of the Gulf 
of Mexico and Atlantic (FMP); request for comments.

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SUMMARY: NMFS announces that the Gulf of Mexico and South Atlantic 
Fishery Management Councils (Councils) have submitted Amendment 15 to 
the FMP for review, approval, and implementation by NMFS. Amendment 15 
would establish a limited access system for the commercial fishery for 
Gulf and Atlantic group king mackerel, and change the fishing year for 
Atlantic migratory groups of king and Spanish mackerel to March 1 
through February 28-29. The intended effect of Amendment 15 is to 
support the Council's efforts to achieve optimum yield in the fishery, 
and provide social and economic benefits associated with maintaining 
stability in the fishery.

DATES: Written comments must be received no later than 5 p.m., eastern 
time, on May 6, 2005.

ADDRESSES: You may submit comments by any of the following methods:
     E-mail: [email protected]. Include in the subject 
line the following document identifier: 0648-AS53-NOA.
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Steve Branstetter, Southeast Regional Office, NMFS, 
9721 Executive Center Drive N., St. Petersburg, FL 33702.
     Fax: From March 7, 2005 through March 17, 2005, 727-570-
5583. From March 22, 2005 through May 6, 2005, 727-824-5308. Comments 
cannot be received via fax from March 18 through March 21, 2005.
    Copies of Amendment 15, which includes an Environmental Assessment, 
a Regulatory Impact Review (RIR), and an Initial Regulatory Flexibility 
Analysis (IRFA), are available from the Gulf of Mexico Fishery 
Management Council, 3018 North U.S. Highway 301, Suite 1000, Tampa, FL 
33619-2272; email: [email protected]; or from the South 
Atlantic Fishery Management Council, Southpark Building, 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, 727-570-5305; 
fax 727-570-5583; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic 
fish (king mackerel, Spanish mackerel, cero, cobia, little tunny, and, 
in the Gulf of Mexico only, dolphin and bluefish) is managed under the 
FMP. The FMP was prepared by the Councils and is implemented under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622.
    The Magnuson-Stevens Act requires each Regional Fishery Management 
Council to submit any fishery management plan or amendment to NMFS for 
review and approval, disapproval, or partial approval. The Magnuson-
Stevens Act also requires that NMFS, upon receiving a plan or 
amendment, publish an announcement in the Federal Register notifying 
the public that the plan or amendment is available for review and 
comment.
    Amendment 15, if implemented, would establish a limited access 
system for the commercial fishery for Gulf and Atlantic group king 
mackerel. A commercial king mackerel vessel permit moratorium was 
established by Amendment 8 to the FMP in March 1998, and Amendment 12 
extended the expiration date of the moratorium through October 15, 
2005, or until the moratorium could be replaced with a license 
limitation, limited access, and/or individual fishing quota (IFQ) or 
individual transferable quota (ITQ) system, whichever occurred earlier. 
The intended effect of the moratorium was to prevent increases in 
effort, to possibly reduce the number of permittees in the king 
mackerel fishery, and to stabilize the economic performance of current 
participants, while protecting king mackerel from overfishing. The 
existing restricted number of fishery participants, especially in the 
Gulf of Mexico, has demonstrated the capability of harvesting their 
total allowable catch (TAC) well in advance of the end of the various 
fishing seasons. Allowing the fishery to revert to open access would 
probably hasten these closures. The proposed limited access system 
would maintain the existing restricted access to the fishery for an 
indefinite period, with the intent to provide continued social and 
economic stability to the king mackerel fishery.
    Amendment 15 contains a second action, which, if implemented, would 
change the fishing year for Atlantic migratory groups of king and 
Spanish mackerel to March 1 through February 28-29. The current fishing 
year for Atlantic migratory groups of both king and Spanish mackerel 
extends from April 1 through March 31. Under the existing fishing year, 
the commercial quota for Atlantic group king mackerel has only been met 
three times. However, should TAC need to be reduced in the future, 
there is a potential for the commercial quota to be met, and the 
fishery would be closed by the end of the season (i.e., in March). A 
March closure could adversely affect the social and economic stability 
of South Atlantic fisheries due to other commercial closures for 
alternative target species

[[Page 10934]]

during that same month. For example, the red porgy fishery is closed 
January through April, and the gag and black grouper fishery is closed 
in March and April. By changing the opening date of the season to March 
1, the Councils reduce the possibility of multiple commercial fishery 
closures at the same time.
    A proposed rule that would implement measures outlined in Amendment 
15 has been received from the Council. In accordance with the Magnuson-
Stevens Act, NMFS is evaluating the proposed rule to determine whether 
it is consistent with the FMP, the Magnuson-Stevens Act, and other 
applicable law. If that determination is affirmative, NMFS will publish 
the proposed rule in the Federal Register for public review and 
comment.
    Comments received by May 6, 2005, whether specifically directed to 
the FMP or the proposed rule, will be considered by NMFS in its 
decision to approve, disapprove, or partially approve the amendment. 
Comments received after that date will not be considered by NMFS in 
this decision. All comments received by NMFS on the amendment or the 
proposed rule during their respective comment periods will be addressed 
in the final rule.

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

    Dated: March 2, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-4377 Filed 3-4-05; 8:45 am]
BILLING CODE 3510-22-S