[Federal Register Volume 73, Number 2 (Thursday, January 3, 2008)]
[Proposed Rules]
[Pages 439-441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-25583]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 070709302-7309-01]
RIN 0648-AV17


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South 
Atlantic; Atlantic Group Spanish Mackerel Commercial Trip Limit in the 
Southern Zone; Change in Start Date

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 change the start date for the commercial trip 
limit for Atlantic migratory group Spanish mackerel in the southern 
zone to March 1. The intended effect of this proposed rule is to 
conform the trip limit to the beginning of the fishing year for 
Atlantic migratory group Spanish mackerel.

DATES: Written comments must be received on or before January 18, 2008.

ADDRESSES: You may submit comments, identified by RIN 0648-AV17, by any 
one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal http://www.regulations.gov.
     Fax: 727-824-5308, Attn: Susan Gerhart.
     Mail: Susan Gerhart, Southeast Regional Office, NMFS, 263 
13th Avenue South, St. Petersburg, FL 33701.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments. Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF file formats only.
    Copies of the South Atlantic Fishery Management Council's framework 
recommendation for adjustment of the start date of the commercial trip 
limits for Atlantic group Spanish mackerel in the southern zone and 
related matters may be obtained from the South Atlantic Fishery 
Management Council, 4055 Faber Place, Suite 201, North Charleston, SC 
29405; phone: 843-571-4366 or 866-SAFMC-10 (toll free); fax: 843-769-
4520; e-mail: [email protected].

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727-824-
5305, fax: 727-824-5308, 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 
is implemented under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) by regulations 
at 50 CFR part 622. In accordance with the framework procedures of the 
FMP, the South Atlantic Fishery Management Council (Council) made a 
recommendation to the Regional Administrator, Southeast Region, NMFS 
(RA), relating to Atlantic migratory group Spanish mackerel. The 
recommended change is within the scope of the management measures that 
may be adjusted under the framework procedure, as specified in 50 CFR 
622.48(c).

Background

    Amendment 15 to the FMP revised the fishing year for Atlantic 
migratory group Spanish mackerel from April through March to March 
through February. However, the start date for the trip limit in the 
southern zone was not similarly changed from April 1 to March 1.
    The commercial sectors of the king and Spanish mackerel fisheries 
are managed under both quotas and trip limits. Currently, the 
commercial trip limits for Atlantic group Spanish mackerel south of the 
Georgia/Florida boundary are as follows: From April 1 through November 
30 - 3,500 lb (1,588 kg); from December 1 until 75 percent of the 
adjusted quota is taken, Mondays through Fridays--unlimited, and 
Saturdays and Sundays--1,500 lb (680 kg); after 75 percent of the 
adjusted quota is taken until 100 percent of the adjusted quota is 
taken, 1,500 lb (680 kg); and after 100 percent of the adjusted quota 
is taken through the end of the fishing year, 500 lb (227 kg). The 
adjusted quota is currently 3.62 million lb (1.64 million kg), which is 
the quota for Atlantic migratory group Spanish mackerel reduced by an 
amount calculated to allow continued harvests of Atlantic migratory 
group Spanish mackerel at the rate of 500 lb (227 kg) per vessel per 
day for the remainder of the fishing year after the adjusted quota is 
reached.
    As proposed by the Council for the commercial fishery off Florida, 
the trip limit of 3,500 lb (1,588 kg) would apply March 1 in lieu of 
April 1, without other change. The proposed change would conform to the 
current fishing year, which starts March 1, and would allow fishermen 
to fish for Spanish mackerel during March when there are few other 
fishing opportunities. It would also assure that Spanish mackerel can 
be harvested during Lent when ex-vessel prices are typically at their 
highest during the year.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with the FMP, other provisions of the Magnuson-Stevens Act, 
and other applicable law, subject to further consideration after public 
comment.
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Council prepared an IRFA, as required by section 603 of the 
Regulatory Flexibility Act, for this proposed rule. The IRFA describes 
the economic impact this proposed rule, if adopted, would have on small 
entities. A description of the action, why it is being considered, and 
the legal basis for this action are contained at the beginning of this 
section in the preamble and in the SUMMARY section of the preamble. A 
copy of the full analysis is available from the Council (see 
ADDRESSES). A summary of the IRFA follows.
    The proposed rule would change the start date for the 3,500-pound 
trip limit in the southern zone for Atlantic migratory group Spanish 
mackerel to March 1. This action would correct an unintended 
inconsistency created by Amendment 15 to the FMP, effective August 8, 
2005, which redefined the fishing year for Atlantic migratory group 
king mackerel and Spanish mackerel from April-March to March-February, 
but did not specify the Spanish mackerel trip limit for March. The 
Magnuson-Stevens Act provides the statutory basis for the proposed 
rule.
    No duplicative, overlapping, or conflicting Federal rules have been

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identified. This proposed rule would not alter existing reporting, 
record-keeping, or permitting requirements.
    The proposed rule would affect all federally permitted commercial 
vessels that harvest Atlantic migratory group Spanish mackerel off the 
Florida east coast. As of January 2006, 1,333 vessels possessed Federal 
commercial Spanish mackerel permits. However, only 532 of these vessels 
had homeports on the Atlantic coast (Maine through Miami-Dade County, 
Florida), of which 300 vessels had homeports on the Florida east coast, 
and only 312 vessels reported landings of Atlantic migratory group 
Spanish mackerel in the required Federal logbook system for the 2005-
2006 fishing year. Additional vessels may fish exclusively within state 
waters, where neither a Federal permit nor logbook reporting is 
required. While these vessels would not directly be subject to the 
proposed rule, Florida commercial trip limits for Spanish mackerel have 
to date been adjusted to mirror those of adjacent Federal waters.
    Although the total number of vessels that operate in the Atlantic 
migratory group Spanish mackerel fishery, as well as their production 
characteristics, varies from year to year, information on the 312 
vessels that reported landings of this species in the 2005-2006 fishing 
year were used to determine average revenue characteristics for this 
fishery. Most of the vessels that operate in the Spanish mackerel 
fishery have permits and participate in other commercial fisheries, 
king mackerel and snapper-grouper. During the 2005-2006 fishing season, 
these vessels harvested, on average, 5,391 pounds of Atlantic group 
Spanish mackerel. This accounted for 24 percent, approximately $5,300 
(2006 dollars), of the estimated average annual gross revenue, 
approximately $22,200 (2006 dollars), from all logbook-reported 
landings. The annual vessel maximum estimated gross revenue from all 
species harvested by vessels operating in the Spanish mackerel fishery 
ranged from approximately $182,000 to $342,000 (2006 dollars) for the 
fishing years 2001-2002 through 2005-2006.
    The Atlantic migratory group Spanish mackerel fishery has been 
managed via staged trip limits since November 1992 for Florida's east 
coast, starting with a 3,500-pound trip limit in April through 
November, unlimited week-day limits and 1,500-pound weekend limits from 
December 1 until 75 percent of the adjusted quota is harvested, 
followed by a 1,500-pound trip limit on all days until 100 percent of 
the adjusted quota is harvested, and a 500-pound limit thereafter until 
the end of the fishing year. The trip limit elsewhere (Georgia through 
New York) remains at 3,500 pounds all year. Over the past decade, the 
Florida east coast has accounted for over 70 percent of the fishery's 
landings.
    Under these trip limits, very few logbook-reported trips in the 
fishery as a whole have reached 3,500 pounds, usually accounting for 
less than one percent of all trips each year since the 1998-1999 
fishing season. The average Atlantic migratory group Spanish mackerel 
harvest per trip since the 1998-1999 fishing season has been 
approximately 500-700 pounds, and the median harvest approximately 100-
300 pounds. Over this period, Atlantic migratory group Spanish mackerel 
accounted for on average approximately 60-72 percent of the estimated 
gross revenue from all species harvested by these fishermen.
    Gear use in the fishery has changed since the mid-1990s. Prior to 
the mid-1990s, gillnets were the leading gear in the fishery. Since the 
implementation of Federal regulations that limit the use of gillnets in 
Federal waters in 1994 and the prohibition of the use of gillnets in 
Florida state waters in 1995, fishermen have adjusted their fishing 
practices resulting in cast nets becoming the predominant gear on the 
Florida east coast. Hand lines have challenged gillnets for second 
place, and the proportion of logbook reported landings from the Florida 
east coast has declined from approximately 70-80 percent of total 
logbook reported Spanish mackerel landings in the early 2000's to 50-60 
percent in more recent years.
    Little data are available since the start of the fishing year was 
changed to March 1. While the inconsistency between the fishing year 
and trip limits created the opportunity for unlimited harvests in 
March, to date the fishery has not responded with increased harvests 
relative to previous years, with March harvests in 2006 and 2007 less 
than those of either 2004 or 2005.
    Some fleet activity may exist in the commercial fishery for 
Atlantic migratory group Spanish mackerel, but the extent of such 
activity is unknown. Additional permits, both state and Federal, and 
associated revenues may be linked to an entity through affiliation 
rules, but such affiliation links cannot be made using existing data. 
Therefore, all vessels operating in the Atlantic migratory group 
Spanish mackerel fishery are assumed to represent independent entities 
for the purpose of this analysis.
    The Small Business Administration (SBA) has established size 
criteria for all major industry sectors in the U.S. including fish 
harvesters, for-hire operations, fish processors, and fish dealers. A 
business involved in fish harvesting is classified as a small business 
if it is independently owned and operated, is not dominant in its field 
of operation (including its affiliates), and has combined annual 
receipts not in excess of $4.0 million (NAICS code 114111, finfish 
fishing) for all affiliated operations worldwide. Based on the annual 
averages and maximums for estimated gross revenue per vessel provided 
above, it is determined that, for purpose of this analysis, all 
entities that would be affected by the proposed rule are small business 
entities.
    No direct or indirect adverse economic effects on any affected 
entities have been identified or are expected to occur as a result of 
this proposed rule. Although the current inconsistency between the 
start of the Atlantic migratory group Spanish mackerel fishing year and 
the specification of the commercial trip limit created the opportunity 
for increased harvests in March, available data do not indicate this 
has altered fishing behavior that would be adversely impacted by the 
establishment of a 3,500-pound trip limit. Further, even if the 
proposed rule were to result in a harvest reduction of and reduced 
revenues from Spanish mackerel for some entities, the intent of the 
action is to enable access to and larger harvests of Spanish mackerel 
in the months prior to March, when harvests of other species, notably 
snapper-grouper species, are constrained due to recent regulatory 
change. Allowing unlimited trip limits for Spanish mackerel at the 
start of the season increases the likelihood of quota-triggered lower 
limits at the end of the fishing year, leading to reduced alternative 
fishing opportunities and lower profits for fishermen subject to 
reduced harvest opportunities in the snapper-grouper fishery. Improving 
access to Spanish mackerel at the end of the fishing year, as would be 
accomplished by limiting harvest in March, would, therefore, be 
expected to result in increased total harvest opportunities and net 
benefits (profits) to the participants in these fisheries. These 
increased benefits, however, cannot be quantified with available data.
    One alternative to the proposed action, the status quo, was 
considered. The status quo would not establish a trip limit for the 
Florida east coast in March and would not, therefore, achieve the 
Council's objective. No other alternatives to the proposed action were 
considered because no other start date for the trip limit would be 
reasonable other than the beginning of the fishing

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year. Current rules already establish trip limits for April 1-end of 
February, so this amendment only applies to March.
    This proposed rule does not contain a collection-of-information 
requirement subject to review and approval by OMB under the Paperwork 
Reduction Act.

List of Subjects in 50 CFR Part 622

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

    Dated: December 27, 2007
John Oliver,
Deputy Assistant Administrator for Operations, 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.  622.44, paragraph (b)(1)(ii)(A) is revised to read as 
follows:


Sec.  622.44  Commercial trip limits.

* * * * *
    (b) * * *
    (1) * * *
    (ii) * * *
    (A) From March 1 through November 30, in amounts exceeding 3,500 lb 
(1,588 kg).
* * * * *
[FR Doc. E7-25583 Filed 1-2-08; 8:45 am]
BILLING CODE 3510-22-S