[Federal Register Volume 79, Number 201 (Friday, October 17, 2014)]
[Proposed Rules]
[Pages 62410-62411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24689]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BD86


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

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: The Gulf of Mexico (Gulf) and South Atlantic Fishery 
Management Councils (Councils) have submitted Amendment 20B to the 
Fishery Management Plan for the Coastal Migratory Pelagic Resources 
(CMP) in the exclusive economic zone (EEZ) of the Gulf of Mexico and 
Atlantic Region (FMP) (Amendment 20B) for review, approval, and 
implementation by NMFS. Amendment 20B includes actions to modify Gulf 
migratory group king mackerel trip limits and fishing years, allow 
transit through areas closed to king mackerel fishing, create zones and 
quotas for Atlantic migratory group king and Spanish mackerel, modify 
the framework procedures for the FMP, increase annual catch limits 
(ACLs) for cobia, and create an east coast zone and quotas for Gulf 
migratory group cobia.

DATES: Written comments must be received on or before December 16, 
2014.

ADDRESSES: You may submit comments on Amendment 20B, identified by 
``NOAA-NMFS-2014-0176'' by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0176, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Susan Gerhart, Southeast 
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.
    Electronic copies of Amendment 20B, which includes 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.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, Southeast Regional 
Office, NMFS, telephone: 727-824-5305; email: [email protected].

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires each regional 
fishery management council to submit any FMP or amendment to NMFS for 
review and approval, partial approval, or disapproval. 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 Amendment 20B was prepared by the Councils 
and implemented through regulations at 50 CFR part 622 under the 
authority of the Magnuson-Stevens Act.

Background

    The current management regime for CMP species (king mackerel, 
Spanish mackerel, and cobia) includes two migratory groups for each 
species, the Gulf migratory group and the Atlantic migratory group. 
Each migratory group is managed separately. Amendment 20B includes 
changes and additions to fishing regulations for each migratory group 
to allow for more targeted management of CMP species.

Actions Contained in Amendment 20B

    Amendment 20B contains actions to modify Gulf migratory group king 
mackerel trip limits and fishing years, allow transit through areas 
closed to king mackerel fishing, create zones and quotas for Atlantic 
migratory group king and Spanish mackerel, modify the framework 
procedures for the FMP, increase ACLs for cobia, and create an east 
coast zone and quotas for Gulf migratory group cobia.

Gulf Migratory Group King Mackerel Commercial Hook-and-Line Trip Limits

    The Gulf eastern zone's Florida west coast subzone is comprised of 
two subzones, northern and southern. Currently, from July 1, each 
fishing year, until 75 percent of the respective northern or southern 
subzone's hook-and-line gear quota has been harvested, the commercial 
trip limit is 1,250 lb (567 kg) per day. From the date that 75 percent 
of the respective northern or southern subzone's hook-and-line gear 
quota has been harvested, the trip limit is reduced to 500 lb (227 kg) 
per day, until a closure of the respective northern or southern subzone 
is implemented. Amendment 20B would remove the trip limit reduction to 
500 lb (227 kg), which would allow the harvest of 1,250 lb (567 kg) per 
day until the quota for the subzone has been met or projected to be met 
and the respective subzone is closed to king mackerel harvest.

Gulf Migratory Group Eastern Zone Northern and Southern Subzone King 
Mackerel Fishing Years

    Currently the Florida west coast northern subzone fishing year 
begins July 1 and ends on June 30, or when the quota is reached or 
projected to be reached. Amendment 20B would change the Florida west 
coast northern subzone fishing year to October 1 through September 30. 
Because the Councils did not select a preferred alternative for the 
southern subzone, the fishing year in that zone will remain July 
through June.

Transit Through Areas Closed to King Mackerel

    Currently, persons who fish with a commercial vessel permit for 
king mackerel may not fish for or possess king mackerel in a closed 
zone. Amendment 20B would allow vessels with king mackerel to transit 
through areas that are closed to king mackerel fishing as the result of 
a quota closure.

Atlantic Migratory Group King and Spanish Mackerel Zones

    Currently, there is one commercial quota for Atlantic migratory 
group king mackerel and one commercial quota for Atlantic migratory 
group Spanish mackerel. Amendment 20B would create northern and 
southern zones for Atlantic migratory group king and Spanish mackerel, 
each with separate commercial quotas. The boundary between the zones 
would be a line extending from the South Carolina/North Carolina state 
line, with

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commercial quota allocation between the zones based on landings from 
the 2002/2003-2011/2012 fishing years. The northern zone allocation 
would be calculated using combined commercial landings from North 
Carolina, Virginia, Maryland, Delaware, Pennsylvania, New Jersey, and 
New York. The southern zone allocation would be calculated using 
combined commercial landings from South Carolina, Georgia, and the 
Florida east coast and Florida Keys on the Atlantic side. NMFS would 
monitor the commercial quotas, and close Federal waters in each zone 
when the respective quota is reached or projected to be reached. 
Transfer of quota between zones would be allowed through a request to 
NMFS initiated by North Carolina (northern Zone) or Florida (southern 
Zone). The recreational ACLs for Atlantic migratory group king and 
Spanish mackerel will remain unchanged.

Modifications to the FMP Framework Procedures

    Currently, any changes to acceptable biological catches (ABCs) and 
ABC control rules, ACLs and ACL control rules, and accountability 
measures must be established through a plan amendment. Amendment 20B 
would modify the framework procedures for the FMP. The changes would 
allow modification to the management measures described above under the 
standard documentation process of the open framework procedure. 
Amendment 20B would also modify the framework procedures to the FMP to 
allow the appropriate council (Gulf or South Atlantic) with 
jurisdiction for proposed management measures to approve framework 
amendments establishing those management measures without approval from 
the other council.

Cobia Zones, ACLs, and Annual Catch Targets (ACTs)

    Amendment 20B addresses the results of the most recent stock 
assessment for Gulf and South Atlantic cobia. In Amendment 18 to the 
FMP, the Councils established separate migratory groups of cobia using 
the Councils' boundary in Monroe County. However, the most recent stock 
assessment determined that the biological boundary should be at the 
Florida/Georgia line. The stock assessment results define Georgia north 
through the Mid-Atlantic area for the Atlantic migratory group, and the 
entire east coast of Florida through Texas for the Gulf migratory 
group. To adjust for this difference between the Councils' 
jurisdictional areas for cobia and the areas used by the stock 
assessment, Gulf migratory group cobia would be divided into a Gulf 
zone (Texas through the Gulf side of the Florida Keys) and an east 
coast zone (east coast of Florida and Atlantic side of the Florida 
Keys, i.e., the area within the South Atlantic Council's jurisdiction). 
The Gulf ACL would be allocated between the zones based on landings 
from the 1998-2012 fishing years. The South Atlantic Council would be 
responsible for regulations for the east coast zone, similar to 
management of the east coast subzone for king mackerel. Amendment 20B 
would also increase the ACLs for both migratory groups, the 
recreational ACT for the Atlantic migratory group, and the stock ACT 
for the Gulf zone.
    A proposed rule that would implement measures outlined in Amendment 
20B has been drafted. 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.

Consideration of Public Comments

    The Council submitted Amendment 20B for Secretarial review, 
approval, and implementation on May 22, 2014. Comments received by 
December 16, 2014, 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: October 14, 2014.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2014-24689 Filed 10-16-14; 8:45 am]
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