[Federal Register Volume 76, Number 189 (Thursday, September 29, 2011)]
[Proposed Rules]
[Pages 60444-60446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25161]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-BB33
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic
Region; Amendment 18
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability; request for comments.
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SUMMARY: NMFS announces that the Gulf of Mexico (Gulf) and South
Atlantic Fishery Management Councils (Councils) have submitted
Amendment 18 to the Fishery Management Plan for the Coastal Migratory
Pelagic Resources in the Gulf of Mexico and Atlantic Region (FMP) for
review, approval, and implementation by NMFS. The amendment proposes
actions to remove species from the FMP; modify the framework
procedures; establish two migratory groups for cobia; and establish
annual catch limits (ACLs), annual catch targets (ACTs), and
accountability measures (AMs) for king mackerel, Spanish mackerel, and
cobia. In addition, Amendment 18 proposes to set allocations and
establish control rules for Atlantic group cobia and revise definitions
for management thresholds for Atlantic migratory groups.
DATES: Written comments must be received on or before November 28,
2011.
ADDRESSES: You may submit comments on the amendment identified by
``NOAA-NMFS-2011-0223'' by any of the following methods:
Electronic submissions: Submit electronic comments via the
Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
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.
[[Page 60445]]
To submit comments through the Federal e-Rulemaking Portal: http://www.regulations.gov, click on ``submit a comment,'' then enter ``NOAA-
NMFS-2011-0223'' in the keyword search and click on ``search.'' To view
posted comments during the comment period, enter ``NOAA-NMFS-2011-
0223'' in the keyword search and click on ``search.'' NMFS will accept
anonymous comments (enter N/A in the required field if you wish to
remain anonymous). You may submit attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
Comments received through means not specified in this rule will not
be considered.
Electronic copies of the amendment may be obtained from the
Southeast Regional Office Web site at http://sero.nmfs.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727-824-
5305, or e-mail: [email protected].
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (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.
The FMP being revised by this amendment was prepared by the
Councils and implemented through regulations at 50 CFR parts 622 under
the authority of the Magnuson-Stevens Act.
Background
The 2006 revisions to the Magnuson-Stevens Act require that by
2011, for fisheries determined by the Secretary to not be subject to
overfishing, ACLs and AMs must be established at a level that prevents
overfishing and helps to achieve optimum yield (OY). These mandates are
intended to ensure fishery resources are managed for the greatest
overall benefit to the nation, particularly with respect to providing
food production and recreational opportunities, and protecting marine
ecosystems. Guidance also requires fishery management councils to
establish a control rule to determine allowable biological catch (ABC).
Currently two migratory groups of king mackerel and Spanish
mackerel are established; the Gulf migratory group and the Atlantic
migratory group. The Gulf Council determines management measures for
the Gulf migratory groups and the South Atlantic Council determines
management measures for the Atlantic migratory groups.
Management Measures Contained in Amendment 18
Actions in Amendment 18 would remove four species from the FMP;
modify the framework procedures; establish two migratory groups for
cobia; and establish ACLs, ACTs, and AMs for each migratory group of
king mackerel, Spanish mackerel, and cobia. In addition, Amendment 18
would set allocations and establish control rules for Atlantic group
cobia and revise definitions for management thresholds for Atlantic
migratory groups.
Removal of Species From the FMP
Species currently in the FMP include king mackerel, Spanish
mackerel, cobia, cero, little tunny, dolphin, and bluefish (Gulf only).
At present, only king mackerel, Spanish mackerel, and cobia have
associated Federal regulatory text; the other species are in the FMP
for data collection purposes only. Even though dolphin are in the
Coastal Migratory Pelagic FMP, in the Atlantic they are managed under a
different FMP. Amendment 18 proposes to remove cero, little tunny,
dolphin, and bluefish from the Coastal Migratory Pelagic FMP. The
Councils and NMFS have determined these species are not in need of
Federal management at this time. If landings or effort change for any
of these species and the Councils determine management at the Federal
level is needed, these species could be added back into the FMP at a
later date.
Cobia Migratory Groups
Although there is mixing of cobia from the Gulf and the Atlantic,
scientific data indicate there are at least two separate migratory
groups in the Gulf and Atlantic. Amendment 18 would establish two
migratory groups for cobia with the boundary at the line of demarcation
between the Gulf exclusive economic zone (EEZ) and the South Atlantic
EEZ. ACLs and AMs would be established separately for each group by the
responsible Council.
ABCs, ACLs, and AMs
The Councils accepted ABC control rules for Gulf migratory groups
of king mackerel, Spanish mackerel, and cobia, and for the Atlantic
migratory group of cobia, based on the control rule recommended by the
Gulf Council's Scientific and Statistical Committee (SSC). They
accepted ABC control rules for Atlantic migratory groups of king
mackerel and Spanish mackerel based on the control rule recommended by
the South Atlantic Council's SSC. For all species, Amendment 18
proposes ACLs equal to the ABC. For purposes of tracking the ACL for
king and Spanish mackerel, landings will be evaluated based on the
commercial fishing year. Recreational landings for all Atlantic species
will be evaluated based on a moving multi-year average of landings, as
described in the FMP.
Gulf Migratory Group King Mackerel
For Gulf migratory group king mackerel, Amendment 18 proposes
separate ACLs and AMs for the commercial and recreational sectors based
on sector allocations. The commercial sector would close by zone,
subzone, or gear type when the commercial quota for the applicable
zone, subzone, or gear type is reached or is projected to be reached.
In addition, current trip limit adjustments would remain in place. For
the recreational sector, the NMFS Regional Administrator would have the
authority to reduce the bag and possession limit to zero if the
recreational allocation (recreational ACL) is reached or projected to
be reached.
Atlantic Migratory Group King Mackerel
For Atlantic migratory group king mackerel, Amendment 18 proposes
separate ACLs for the commercial and recreational sectors based on
sector allocations. Amendment 18 also proposes a stock ACL and an ACT
for the recreational sector. The commercial sector would close when the
commercial ACL is reached or projected to be reached. For the
recreational sector, if the stock ACL is exceeded in any year, the bag
limit would be reduced the next fishing year by the amount necessary to
ensure that recreational landings may achieve the recreational ACT, but
do not exceed the recreational ACL in the following fishing year. A
sector specific payback would be assessed if Atlantic migratory group
king mackerel are determined to be overfished and the stock ACL is
exceeded.
Gulf Migratory Group Spanish Mackerel
For Gulf migratory group Spanish mackerel, Amendment 18 proposes
stock ACLs and AMs. Both the commercial and recreational sectors would
close when the stock ACL is reached or projected to be reached.
[[Page 60446]]
Atlantic Migratory Group Spanish Mackerel
For Atlantic migratory group Spanish mackerel, Amendment 18
proposes separate ACLs for the commercial and recreational sectors
based on sector allocations. Amendment 18 also proposes an ACT for the
recreational sector. The commercial sector would close when the
commercial quota is reached or projected to be reached. In addition,
current trip limit adjustments would remain in place. For the
recreational sector, if the stock ACL is exceeded in any year, the bag
limit would be reduced the next fishing year by the amount necessary to
ensure recreational landings may achieve the recreational ACT, but do
not exceed the recreational ACL in the following fishing year. A sector
specific payback would be assessed if the Atlantic migratory group
Spanish mackerel are determined to be overfished and the stock ACL is
exceeded.
Gulf Migratory Group Cobia
For Gulf migratory group cobia, Amendment 18 proposes stock ACLs
and AMs. A stock ACT is proposed that is 90 percent of the ACL. Both
the commercial and recreational sectors would close when the stock ACT
is reached or projected to be reached.
Atlantic Migratory Group Cobia
For Atlantic migratory group cobia, Amendment 18 proposes separate
ACLs for the commercial and recreational sectors based on sector
allocations. Because sector allocations do not currently exist for
cobia, the amendment proposes an allocation of 8 percent of the ACL for
the commercial sector and 92 percent of the ACL for the recreational
sector, based on landings. Amendment 18 also proposes an ACT for the
recreational sector.
The commercial sector would close when the commercial ACL is
reached or projected to be reached. For the recreational sector, if the
stock ACL is exceeded in any year, the fishing season would be reduced
the following year by the amount necessary to ensure recreational
landings may achieve the recreational ACT, but do not exceed the
recreational ACL in the following fishing year. A sector specific
payback would be assessed if Atlantic migratory group cobia are
determined to be overfished and the stock ACL is exceeded.
Modify the Current Definitions for Management Thresholds for South
Atlantic Migratory Groups
Amendment 18 would revise definitions of maximum sustainable yield,
OY, minimum stock size threshold and maximum fishing mortality
threshold for Atlantic migratory group king mackerel, Spanish mackerel,
and cobia.
Modification of Generic Framework Procedures
To facilitate timely adjustments to harvest parameters and other
management measures, the Councils have added the ability to adjust ACLs
and AMs, and establish and adjust target catch levels, including ACTs,
to the current framework procedures. The proposed addition of other
management options into the framework procedures would also add
flexibility and the ability to more timely respond to certain future
Council decisions through the framework procedures.
Consideration of Public Comments
A proposed rule that would implement measures outlined in Amendment
18 has been received from the Councils. 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 November 28, 2011, whether specifically
directed to the amendment 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: September 23, 2011.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-25161 Filed 9-28-11; 8:45 am]
BILLING CODE 3510-22-P