[Federal Register Volume 79, Number 115 (Monday, June 16, 2014)]
[Rules and Regulations]
[Pages 34246-34251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14016]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 131206999-4466-02]
RIN 0648-BD83


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic 
Region; Amendment 20A

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

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to implement Amendment 20A to the 
Fishery Management Plan for the Coastal Migratory Pelagic Resources 
(CMP) in the Gulf of Mexico and Atlantic Region (FMP) (Amendment 20A), 
as prepared and submitted by the Gulf of Mexico (Gulf Council) and 
South Atlantic Fishery Management Council (South Atlantic Council) 
(collectively, the Councils). This final rule restricts sales of king 
and Spanish mackerel caught under the bag limit (those fish harvested 
by vessels that do not have a valid commercial vessel permit for king 
or Spanish mackerel and are subject to the bag limits) and removes the 
income qualification requirements for king and Spanish mackerel 
commercial vessel permits. The purpose of this final rule is to obtain 
more accurate landings data while ensuring the CMP fishery resources 
are utilized efficiently.

DATES: This rule is effective July 16, 2014, except for the amendments 
to Sec.  622.386(d) and (e), which are effective August 7, 2014.

ADDRESSES: Electronic copies of the documents supporting this final 
rule, which include an environmental assessment, a Regulatory 
Flexibility Act analysis, and a regulatory impact review, may be 
obtained from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_sa/cmp/index.html.
    Comments regarding the burden-hour estimates or other aspects of 
the collection-of-information requirements contained in this final rule 
may be submitted in writing to Anik Clemens, Southeast Regional Office, 
NMFS, 263 13th Avenue South, St. Petersburg, FL 33701; and the Office 
of Management and Budget (OMB), by email at OIRA 
[email protected], or by fax to 202-395-7285.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727-824-
5305, or email: [email protected].

SUPPLEMENTARY INFORMATION: The CMP fishery in the Gulf of Mexico (Gulf) 
and the Atlantic is managed under the FMP. The FMP was prepared by the 
Councils and implemented through regulations at 50 CFR part 622 under 
the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act).
    On March 3, 2014, NMFS published a notice of availability for 
Amendment 20A and requested public comment (79 FR 11748). On March 19, 
2014, NMFS published a proposed rule for Amendment 20A and requested 
public comment (79 FR 15284). NMFS approved Amendment 20A on May 30, 
2014. The proposed rule and Amendment 20A outline the rationale for the 
actions contained in this final rule. A summary of the actions 
implemented by this final rule is provided below.

Management Measures Contained in This Final Rule

    For the Gulf region, this final rule prohibits the sale of bag-
limit-caught king and Spanish mackerel, except in two limited 
circumstances. First, bag-limit-caught king and Spanish mackerel may be 
sold when harvested during a for-hire trip on a vessel with both a Gulf 
Charter Vessel/Headboat Coastal Migratory Pelagic Fish Permit and 
either a King Mackerel Commercial Permit or a Spanish Mackerel 
Commercial Permit, as appropriate to the species harvested or possessed 
(dually permitted vessel). The purpose of this exception is to preserve 
a historic practice that is important to Gulf charter and headboat 
businesses on the west coast of Florida. Florida is the only Gulf state 
that currently allows the sale of recreationally-caught fish and 
Florida requires that fishermen have the appropriate permits, including 
a Federal commercial vessel permit, to sell these fish. Second, king 
and Spanish mackerel harvested during state-permitted tournaments may 
be donated to a dealer who has a state or Federal dealer permit and 
then sold by that dealer, if the proceeds are donated to charity. 
Dealers receiving such fish must report them as tournament-caught fish.
    For the Atlantic region, this final rule prohibits the sale of all 
bag-limit-caught king and Spanish mackerel, except those harvested 
during a state-permitted tournament. As in the Gulf, king and Spanish 
mackerel harvested during state-permitted tournaments may be

[[Page 34247]]

donated to a dealer who has a state or Federal permit and then sold by 
that dealer, if the proceeds are donated to charity. Dealers receiving 
such fish must report them as tournament-caught fish.
    Reducing the sale of fish caught under the bag limit in the Gulf 
and Atlantic regions should improve the accuracy of data by reducing 
``double counting,'' i.e., harvest from a single trip that is counted 
towards both the commercial quota and recreational allocation. This 
practice occurs when the same catches are reported through recreational 
surveys and commercial trip tickets and logbooks. In addition to 
reducing the accuracy of the landings data, double counting can also 
lead to early closures in the commercial sector.
    This final rule also removes the income qualification requirements 
for king and Spanish mackerel commercial vessel permits. This action 
would not affect the number of king mackerel permits issued, which are 
limited access, but could increase the number of Spanish mackerel 
permits issued, which are open access. Eliminating the income 
qualification requirements would afford more flexibility to fishermen 
by allowing them to earn a larger portion of income from non-fishing 
occupations.

Comments and Responses

    NMFS received a total of 14 public comments on Amendment 20A and 
the proposed rule, including 10 comments from individuals and 3 from 
fishing organizations. One Federal agency stated it had no comment on 
the proposed rule. Comments related to the actions in Amendment 20A and 
the proposed rule as well as NMFS' respective responses are summarized 
below.

Sales Restriction

    Comment 1: One commenter understood the wording of Action 1 to mean 
that mackerel could not be sold if a fisherman caught less than the bag 
limit, but could be sold if he caught more than the bag limit.
    Response: The phrase ``under the bag limit'' refers to fishing 
under the regulations that limit fishermen to the bag limit, if they do 
not have a Federal commercial permit. Therefore the sale restriction is 
on fishermen without a Federal commercial permit who fish legally under 
the bag-limit regulations. These fishermen include recreational 
fishermen as well as commercial fishermen without Federal permits. As 
explained above, except under limited circumstances, each person can 
catch up to the bag limit (2 fish for king mackerel, 15 fish for 
Spanish mackerel), but cannot sell those fish. Fishermen who have a 
Federal commercial permit are not restricted to the bag limit if they 
are on a commercial trip, but are restricted by the commercial trip 
limit for their specific area, and can sell their catch.
    Comment 2: NMFS should not implement restrictions on selling king 
and Spanish mackerel. Selling the catch, whether it is caught while on 
a commercial fishing trip or with a for-hire charter onboard, is one of 
many sources of income that charter fishermen depend on. One commenter 
stated he was able to save to buy a Federal commercial mackerel permit 
by selling his bag-limit catch. Bag-limit sales are keeping a lot of 
smaller fishermen in business and supporting their families. Also, 
recreational fishing does not necessarily mean the fisherman is merely 
fishing for sport. It could mean he does not have the income (or 
equipment) to afford a Federal commercial permit. The commercial 
fisherman should not be punished just because he does not have a 
Federal permit.
    Response: NMFS disagrees that restrictions on the sale of bag-
limit-caught king and Spanish mackerel should not be implemented. NMFS 
understands that some fishermen without commercial permits currently 
sell mackerel and will no longer be able to do so. However, the 
Councils are concerned that landings sold from recreational trips and 
non-federally permitted commercial trips contribute to the commercial 
quota and can lead to early closures in the commercial sector. The 
Councils are also concerned about the double counting of landings that 
can occur when bag-limit-caught mackerel are sold and those landings 
are counted towards both the recreational and commercial quotas. Thus, 
the Councils determined that, except in limited circumstances, sales of 
bag-limit-caught mackerel should be prohibited. NMFS agrees with the 
Councils' decision and notes that this prohibition is generally 
consistent with regulations in other fisheries, such as Gulf reef fish 
and South Atlantic snapper-grouper, which require a Federal commercial 
permit to sell the fish.
    Comment 3: NMFS should accept the Gulf Council's proposal on bag-
limit fish sales that allows sales by vessels that have both the 
Federal commercial and for-hire permits. In addition, they should 
reject the South Atlantic Council's proposal to prohibit such sales and 
adopt the Gulf Council's rule for both the Gulf and Atlantic mackerel 
fisheries. For over 25 years, the South Atlantic Council's Mackerel 
Advisory Panel has consistently recommended allowing these sales. The 
South Atlantic Council's SSC recommended that ``the Council should 
continue to allow bag-limit sales of recreationally caught fish. From a 
socio-economic perspective it is better to utilize other methods to 
mitigate negative effects of bag-limit recreational sales on the 
commercial sector.'' The South Atlantic Council's Law Enforcement 
Advisory Panel (LEAP) stated ``Overall the LEAP emphasizes the 
importance of consistency and simplicity whenever possible. Coastal 
migratory pelagics management is complicated and the less complex 
options are best for enforcement officers and the public.'' Also they 
expressed the desire to maintain consistent regulations between the 
South Atlantic and the Gulf to facilitate enforcement efforts.
    Response: NMFS disagrees that identical regulations related to bag-
limit sales must be implemented for both the Gulf and South Atlantic 
jurisdictions. NMFS recognizes that different regulations in the Gulf 
and South Atlantic are not ideal. However, the two Councils are 
independent and although the FMP is a joint plan, the Councils 
generally defer to each other regarding decisions about management 
measures within their respective jurisdictions. The Gulf Council chose 
to continue to allow dually permitted vessels to sell king and Spanish 
mackerel to preserve a historical practice that is important to some 
Gulf charter vessel and headboat businesses. The sale of king mackerel 
by dually permitted vessels in the Gulf has been recognized and 
accounted for since 1985, when 2 percent of the recreational allocation 
was transferred to the commercial sector (see response to Comment 5). 
The sale of Spanish mackerel by dually permitted vessels in the Gulf 
does not have the same impact on the commercial sector because no 
sector allocations exist for this stock. The South Atlantic Council 
considered the advice from its advisory groups, but determined that the 
continued sale of bag-limit-caught mackerel could negatively impact the 
commercial sector. In the South Atlantic, both king and Spanish 
mackerel commercial landings have been close to or exceeded the 
commercial quota in recent years. Continuing sales of bag-limit-caught 
fish in the Atlantic, especially those caught during for-hire fishing 
trips, could lead to early closures in the commercial sector that 
reduce annual landings and associated revenues of federally permitted 
commercial fishing businesses.
    Comment 4: One commenter stated that for-hire vessels in Florida 
that have both the Federal commercial and charter

[[Page 34248]]

vessel/headboat permits will be able to sell bag-limit-caught mackerel 
during some parts of the year but not during other parts of the year, 
because the Gulf migratory group boundary shifts.
    Response: The commenter misunderstands the regulations that are 
included in this final rule. As stated by the commenter, the king 
mackerel migratory group boundary changes during the year. From 
November 1 through March 31, the southern subzone, which is part of the 
Gulf migratory group Florida west coast subzone, extends around the 
Florida Keys and the Florida East Coast Subzone is created on the east 
coast of Florida. The regulations will prohibit the sale of bag-limit-
caught mackerel except when harvested on board a dually permitted 
vessel that is operating in the Gulf. Thus, whether a dually permitted 
vessel can sell bag-limit-caught mackerel does not depend on where the 
migratory group boundary is during the fishing year but on whether the 
fish are caught in the Gulf. Fishermen on the south side of the Florida 
Keys and on the east coast of Florida are not operating in the Gulf. 
Therefore, they cannot sell mackerel caught under the bag limits at any 
time, even if their vessel is dually permitted.
    Comment 5: The issue of bag-limit sales counting towards the 
commercial quota should have been settled years ago when 2 percent of 
the recreational total allowable catch (TAC) was transferred to the 
commercial TAC.
    Response: NMFS agrees that the concern about recreational harvest 
counting towards the commercial quota was addressed in the Gulf in 1985 
when Amendment 1 to the FMP set allocations for Gulf migratory group 
king mackerel and transferred 2 percent of the recreational allocation 
to the commercial sector. However, a similar transfer did not occur 
when allocations were set for the Atlantic migratory group.

Latent Permits

    Comment 6: Some fishermen are finding it difficult to catch 
mackerel in the subzone they fish before that subzone closes. The 
northern subzone closes much too soon due to the influx of East coast 
boats coming into the Gulf. This closure excludes the local fishermen 
who rely on the mackerel run every year. As a result, these fishermen's 
permits become ``latent'' (no or low landings) through no fault of 
their own. Therefore, latent permits should not be removed.
    Response: The Councils chose to take no action regarding removal of 
latent permits because of these issues, and NMFS agrees with this 
decision.

Income Requirement

    Comment 7: Several commenters agreed with eliminating the income 
qualification requirement. Those commenters stated that the cost 
associated with purchasing any limited access Federal permit is 
daunting, and income restrictions need to be lifted to allow fishermen 
to obtain a commercial permit for king mackerel and other species. One 
commenter disagreed with eliminating the income qualification 
requirement. That commenter was concerned that charter vessel and 
headboat operators may switch to full-time commercial mackerel fishing 
that is more profitable than sport fishing, especially at certain times 
of the year, and that this increase in commercial harvest might cause 
overfishing of the resource.
    Response: NMFS agrees with the Councils' decision to eliminate the 
income qualification requirement. The Councils determined, and NMFS 
agrees, that the income qualification requirement did not serve the 
function for which it was intended (to further restrict access to 
Federal commercial vessel permits for king mackerel to those who could 
demonstrate a financial reliance on commercial or charter fishing) 
because the requirement was difficult to enforce. No other Federal 
permit in the Southeast Region has an income qualification requirement, 
except the commercial spiny lobster permit, which mirrors the State of 
Florida's requirements. Eliminating the income qualification 
requirement will afford Spanish and king mackerel permit applicants 
more flexibility in determining the income-generating activities they 
might pursue. Commercial permit applicants can increase their 
participation in activities not related to commercial or for-hire 
fishing or limit their involvement in commercial or for-hire fishing 
without fearing the loss of their permit due to the income 
qualification requirement. However, NMFS does not agree that keeping 
the income qualification requirement will limit the ability of charter 
vessel and headboat operators to obtain a commercial permit, because 
income from charter fishing was allowed to be used to meet the income 
requirement.

Changes From Proposed Rule

    A final rule published on April 9, 2014 (79 FR 19490), to implement 
a Gulf and South Atlantic dealer permit, which will be required for 
king and Spanish mackerel dealers, is effective August 7, 2014. That 
final rule includes a restriction that a federally permitted dealer 
must first receive fish only from a federally permitted vessel. This 
provision, which will be effective on August 7, 2014, is codified at 
Sec.  622.386(c).
    Amendment 20A and this final rule allow a federally permitted 
dealer to receive tournament-caught fish and then sell those fish if 
the proceeds are donated to a charity. As explained in the proposed 
rule to implement Amendment 20A, because the final rule for the Generic 
Dealer Amendment says that a federally permitted dealer must first 
receive fish only from a federally permitted vessel, an exception to 
that restriction must be added to Sec.  622.386(e) in this final rule 
to allow dealers to first receive tournament-caught fish. Section 
622.386(e) will be effective on August 7, 2014, the same day the final 
rule implementing the Generic Dealer Amendment is effective.

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
that this final rule is consistent with Amendment 20A, the FMP, the 
Magnuson-Stevens Act and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    In compliance with section 604 of the Regulatory Flexibility Act 
(RFA), NMFS prepared a Final Regulatory Flexibility Analysis (FRFA) for 
this final rule. The FRFA analyzes the anticipated economic impacts of 
the final actions and any significant economic impacts on small 
entities. The FRFA is below.
    The description of the action, why it is being considered and the 
legal basis for the rule are contained in the preamble of the proposed 
rule and in the preamble of this final rule. Section 604(a)(2) of the 
Regulatory Flexibility Act requires NMFS to summarize significant 
issues raised by the public in response to the Initial Regulatory 
Flexibility Analysis (IRFA), summarize the assessment of such issues, 
and state any changes made as a result of the comments. None of the 
public comments specifically concerned the IRFA; however, NMFS received 
several comments regarding the regional differences in businesses 
directly affected by the proposed rule and economic impacts of the 
proposed rule on businesses.
    Several comments supported the elimination of the minimum fishing 
income requirement to obtain a Federal commercial Spanish mackerel or 
king mackerel permit, while one did not. The

[[Page 34249]]

removal of the income requirement will economically benefit all small 
businesses that currently own or operate fishing vessels with a Spanish 
or king mackerel permit by reducing their annual costs of documenting 
that they satisfy an income requirement. The elimination of the income 
requirement will also economically benefit small businesses that 
presently do not own or operate fishing vessels with one of these 
permits because they do not satisfy the income requirement. Additional 
responses are included in the Comments and Responses section (Comment 
7) above.
    Several comments questioned the necessity of and reasoning for the 
prohibition on sales of king mackerel harvested in Federal waters by 
commercial vessels without a Federal commercial king mackerel permit. 
These comments and NMFS' responses are included in the Comments and 
Responses section (Comment 2) above.
    Several comments questioned the reason for prohibiting sales of 
king mackerel harvested in the Atlantic EEZ by vessels with a Federal 
commercial king mackerel permit during a for-hire fishing trip, while 
allowing sales of king mackerel harvested in the Gulf EEZ by vessels 
with a Federal commercial king mackerel permit during a for-hire 
fishing trip. This action is expected to eliminate double-counting of 
landings of king mackerel caught during for-hire fishing trips in the 
Atlantic EEZ, but will not eliminate double-counting of landings of 
king mackerel caught during for-hire fishing trips in the Gulf EEZ. In 
doing so, businesses that own and operate dually permitted for-hire 
fishing vessels in the Atlantic EEZ will incur adverse economic impacts 
that businesses that own and operate dually permitted for-hire fishing 
vessels in the Gulf EEZ will not incur. However, as noted in the 
response to Comment 3, the sale of king mackerel by dually permitted 
vessels in the Gulf has been recognized and accounted for since 1985, 
when 2 percent of the recreational allocation was transferred to the 
commercial sector. There was no similar transfer of allocation in the 
South Atlantic.
    Commercial fishing vessels that land bag-limit quantities of 
Spanish or king mackerel are expected to harvest these species as 
incidental catch. In some areas, such as South Carolina, commercial 
landings of bag-limit quantities of Spanish and king mackerel are 
primarily the incidental catch of shrimp trawling vessels. Additional 
comments and NMFS responses are included in the Comments and Responses 
section (Comment 3) above.
    No changes were made to the final rule based on any public 
comments.
    It is estimated that up to 464 commercial shrimp vessels that 
operate in the South Atlantic, and up to 1,362 commercial shrimp 
vessels that operate in the Gulf, will be directly affected by the 
prohibition on Spanish and king mackerel sales without the respective 
Federal commercial permits. According to the Small Business 
Administration (SBA) size standards, a business in the shellfish 
fishing industry (NAICS 114112, shellfish fishing) is considered a 
small business if it is independently owned and operated, is not 
dominant in its field of operation (including affiliates), and has 
combined annual receipts not in excess of $5 million. It is estimated 
that 326 small commercial shellfish fishing businesses own and operate 
the directly affected shrimp vessels in the South Atlantic, and up to 
903 small businesses own and operate the directly affected shrimp 
vessels in the Gulf.
    Purse seine fishing vessels are also expected to have incidental 
catch of coastal migratory pelagics, especially king mackerel. The SBA 
annual receipts threshold for a business in the commercial finfish 
fishing industry (NAICS 114111, finfish fishing) is $19 million. It is 
unknown how many small businesses own and operate finfish fishing 
vessels that will be affected by the prohibition on bag-limit sales.
    The ban on the sale of king and Spanish mackerel harvested during 
for-hire fishing trips in the Atlantic EEZ will affect 443 for-hire 
fishing vessels. The SBA annual receipts threshold for a for-hire 
fishing business is $7 million (NAICS 487210, fishing boat charter 
operation). It is expected that all of the for-hire fishing businesses 
that own and operate the above 443 vessels in the Atlantic EEZ are 
small.
    Businesses that purchase king and Spanish mackerel from commercial 
vessels without the respective Federal commercial permits, and from 
South Atlantic for-hire vessels with the respective Federal commercial 
permits, would be indirectly affected by the ban on bag-limit sales. 
These businesses operate in the fish and seafood merchant wholesales 
industry (NAICS 424460), which has an SBA size standard of 100 
employees, and the fish and seafood marketing industry (NAICS 445220), 
which has an SBA size standard of $7 million in annual receipts. 
Presently, a Federal dealer permit is not required to purchase king and 
Spanish mackerel harvested and landed by fishing vessels operating in 
the EEZ; however, that is changing on August 7, 2014, with the 
implementation of the generic Gulf and South Atlantic dealer permit. 
According to the 2011 County Business Patterns summary data, there were 
573 seafood wholesale establishments in the Gulf and South Atlantic 
States and 449 in the Mid-Atlantic States. It is unknown how many of 
these establishments purchase king or Spanish mackerel that are 
harvested in Federal waters. Therefore, it is estimated that up to 
1,022 seafood dealers could be indirectly affected by the prohibition 
on sales of king and Spanish mackerel harvested by commercial fishing 
vessels without Federal commercial king and Spanish permits and for-
hire fishing vessels during for-hire fishing trips in Federal waters of 
the Atlantic.
    The elimination of the income requirement will affect all 
businesses that presently own and operate fishing vessels with king 
mackerel and Spanish mackerel Federal commercial permits. There are 
1,048 fishing vessels with both a king mackerel permit and Spanish 
mackerel permit. There are another 363 vessels with just a king 
mackerel permit and 687 vessels with just a Spanish mackerel permit. 
Hence, the elimination of the income requirement will directly affect 
the businesses that own and operate a combined 2,098 vessels that 
commercially harvest king and Spanish mackerel in Federal waters. 
Businesses that own and operate commercial fishing vessels with king 
and Spanish mackerel permits operate in the shellfish fishing, finfish 
fishing and for-hire fishing industries. It is presumed that most to 
all of those businesses are small. The elimination of the income 
requirement will also affect an unknown number of small finfish, 
shellfish and for-hire fishing businesses that presently are unable to 
get a Spanish or king mackerel permit because they do not meet the 
income requirement.
    Currently, commercial fishing vessels without a Federal king or 
Spanish mackerel permit can harvest and sell no more than quantities up 
to the recreational bag limits for the species. The bag limit for 
Spanish mackerel is 15 fish in the Atlantic and Gulf EEZ. The bag limit 
for king mackerel is 2 fish in the Gulf EEZ and the Atlantic EEZ off 
Florida, and 3 fish in the Atlantic EEZ north of Florida. The maximum 
ex-vessel revenue per trip from bag-limit sales of king mackerel is 
estimated to range from $99 to $149, depending on where harvested. 
Similarly, the maximum ex-vessel revenue per trip from bag-limit sales 
of Spanish mackerel is estimated to be $124. Small businesses that own 
and operate commercial fishing vessels in the Gulf

[[Page 34250]]

and Atlantic EEZ without king and Spanish mackerel Federal permits 
could lose landings with a value up to $273 per trip; however, they 
could reduce that loss by $124 per trip by acquiring a Federal 
commercial Spanish mackerel permit at an annual cost of $25, plus the 
time to complete and submit the application form. Because a Federal 
commercial king mackerel permit is a limited access permit, a small 
commercial fishing business without that permit would have to purchase 
or otherwise acquire one from an existing permit holder, which greatly 
reduces a small business's ability to mitigate for losses of ex-vessel 
revenue from king mackerel landings.
    Small businesses that own and operate for-hire fishing vessels in 
the Atlantic EEZ, on average, will lose landings with an ex-vessel 
value up to $273 per trip, while small businesses that that own and 
operate for-hire fishing vessels that also have a Federal commercial 
vessel permit in the Gulf EEZ will experience no losses. The indirect 
losses to small businesses in the seafood wholesale industry in the 
form of decreases in net revenues from purchases and sales of king and 
Spanish mackerel are unknown.
    The action to eliminate the income requirement will generate an 
economic benefit to current and future king and Spanish mackerel permit 
holders who will not have to incur the cost of providing documentation 
that they satisfy an income requirement. It will also economically 
benefit small fishing businesses that currently cannot obtain a 
commercial Spanish or king mackerel permit because they do not satisfy 
the income requirement.
    As discussed above, only the action to prohibit bag-limit sales of 
king and Spanish mackerel is expected to result in direct adverse 
economic effects on affected small entities and alternatives to 
minimize these adverse effects were considered. An alternative to allow 
sales of king and Spanish mackerel caught by anglers aboard for-hire 
fishing vessels with Federal commercial king and Spanish mackerel 
permits in the South Atlantic Council's jurisdiction was considered, 
but rejected, although it would have a smaller adverse economic impact 
on small businesses in the for-hire fishing industry than the preferred 
alternative. This rejected alternative would not reduce double-counting 
of landings, and therefore would not meet the Council's objective of 
improving landings data. Also, this rejected alternative would not 
address concerns about the impacts of recreational landings being 
counted against the commercial quota.
    The status quo alternative that allows sales of king and Spanish 
mackerel harvested by commercial vessels without Federal commercial 
king and Spanish mackerel permits was considered, but rejected, because 
the South Atlantic Council chose to prohibit all sales of king and 
Spanish mackerel harvested by vessels without the above Federal 
commercial permits. The status quo alternative, however, would have a 
smaller adverse economic impact on small businesses in the finfish 
fishing industry than the preferred alternative.
    An alternative to prohibit sales of king and Spanish mackerel by 
anglers aboard for-hire fishing vessels with Federal commercial king 
and Spanish mackerel permits in the Gulf Council's jurisdiction was 
also considered, but rejected because it would have a larger adverse 
economic impact on small businesses in the for-hire fishing industry 
than the preferred alternative. Also, because 2 percent of recreational 
allocation was previously transferred to the commercial sector, 
concerns about the impacts of recreational harvest counting against the 
commercial quota are not as prevalent in the Gulf.
    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as small entity compliance 
guides. As part of the rulemaking process, NMFS prepared a fishery 
bulletin, which also serves as a small entity compliance guide. The 
fishery bulletin will be sent to all CMP vessel permit holders in the 
Gulf and Atlantic region.
    This final rule contains collection-of-information requirements 
subject to the PRA, which have been approved by OMB under control 
number 0648-0205. NMFS estimates the removal of the income 
qualification requirements for commercial king and Spanish mackerel 
permit holders will result in a net decrease in the time to complete 
the Federal Permit Application (for all applicants). In addition, the 
current burden estimate of 40 minutes per applicant to complete the 
application form would decrease to 30 minutes per applicant, because 
the application instructions have been simplified and reorganized so 
that there are half as many pages of instructions to read when filling 
out the application. These estimates of the public reporting burden 
include the time for reviewing instructions, gathering and maintaining 
the data needed, and completing and reviewing the collection-of-
information.
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall a person be subject to a penalty for failure 
to comply with, a collection-of-information subject to the requirements 
of the Paperwork Reduction Act (PRA), unless that collection-of-
information displays a currently valid OMB control number.

List of Subjects in 50 CFR Part 622

    Atlantic, Coastal Migratory Pelagic Resources, Fisheries, Fishing, 
Gulf, King mackerel, Spanish mackerel.

    Dated: June 10, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 622 is amended 
as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH 
ATLANTIC

0
1. The authority citation for part 622 continues to read as follows:

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


0
2. In Sec.  622.370, paragraphs (a)(1) and (3) are revised to read as 
follows:


 Sec.  622.370  Permits.

    (a) * * *
    (1) King mackerel. For a person aboard a vessel to be eligible for 
exemption from the bag limits, to fish under a quota, or to sell king 
mackerel in or from the Gulf, Mid-Atlantic, or South Atlantic EEZ, a 
commercial vessel permit for king mackerel must have been issued to the 
vessel and must be on board. See Sec.  622.371 regarding a limited 
access system applicable to commercial vessel permits for king mackerel 
and transfers of permits under the limited access system.
* * * * *
    (3) Spanish mackerel. For a person aboard a vessel to be eligible 
for exemption from the bag limits, to fish under a quota, or to sell 
Spanish mackerel in or from the Gulf, Mid-Atlantic, or South Atlantic 
EEZ, a commercial vessel permit for Spanish mackerel must have been 
issued to the vessel and must be on board.
* * * * *


Sec.  622.371  [Amended]

0
3. In Sec.  622.371, remove paragraphs (c), (d), and (e), and 
redesignate paragraph (f) as paragraph (c).

[[Page 34251]]

0
4. In Sec.  622.386, paragraph (a) is revised and paragraphs (d) and 
(e) are added to read as follows:


Sec.  622.386  Restrictions on sale/purchase.

* * * * *
    (a) King and Spanish mackerel. A king or Spanish mackerel harvested 
or possessed in the EEZ on board a vessel that does not have a valid 
commercial vessel permit for king mackerel, as required under Sec.  
622.370(a)(1), or a valid commercial vessel permit for Spanish 
mackerel, as required under Sec.  622.370(a)(3), or a king or Spanish 
mackerel harvested in the EEZ or possessed under the bag limits 
specified in Sec.  622.382, may not be sold or purchased, except when 
harvested under the bag limits on board a vessel operating in the Gulf 
as a charter vessel or headboat and that vessel has both a valid 
Federal charter vessel/headboat permit for Gulf coastal migratory 
pelagic fish, as required under Sec.  622.370(b)(1), and a valid 
commercial vessel permit for king mackerel or Spanish mackerel, as 
required under Sec.  622.370(a)(1), as appropriate to the species 
harvested or possessed.
* * * * *
    (d) Cut-off (damaged) king or Spanish mackerel. A person may not 
sell or purchase a cut-off (damaged) king or Spanish mackerel that does 
not comply with the minimum size limits specified in Sec.  622.380(b) 
or (c), respectively, or that is in excess of the trip limits specified 
in Sec.  622.385(a) or (b), respectively.
    (e) State-permitted tournaments. King or Spanish mackerel harvested 
in a state-permitted tournament in the South Atlantic, Mid-Atlantic, or 
the Gulf may not be sold for profit but may be donated to a state 
dealer or Federal dealer. Dealers accepting these tournament-caught 
king or Spanish mackerel must be permitted and must comply with all 
transfer and reporting requirements. Federally permitted dealers who 
accept donated king or Spanish mackerel under this section are exempt 
from the restrictions in paragraph (c) of this section, and can first 
receive these fish from non-federally permitted vessels. Dealers must 
donate the monetary value (sale price or cash equivalent of value 
received for the landings) from the sale of tournament-caught fish to a 
charitable organization, as determined by the state. The monetary value 
received from the sale of tournament-caught fish may not be used to pay 
for tournament expenses. In addition, the fish must be handled and iced 
according to the Hazard Analysis Critical Control Point (HACCP) 
standards, and dealers must report tournament caught king and Spanish 
mackerel as ``tournament catch'' and comply with all Federal and state 
reporting requirements.

[FR Doc. 2014-14016 Filed 6-13-14; 8:45 am]
BILLING CODE 3510-22-P