[Federal Register Volume 80, Number 242 (Thursday, December 17, 2015)]
[Rules and Regulations]
[Pages 78670-78675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31708]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 150603502-5999-02]
RIN 0648-BF14


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic 
Region; Framework Amendment 3

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

ACTION: Final rule.

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SUMMARY: In this final rule, NMFS implements management measures 
described in Framework Amendment 3 to the Fishery Management Plan (FMP) 
for the Coastal Migratory Pelagic Resources (CMP) in the exclusive 
economic zone (EEZ) of the Gulf of Mexico and Atlantic Region 
(Framework Amendment 3), as prepared and submitted by the Gulf of 
Mexico Fishery Management Council (Council). This final rule modifies 
the trip limit, accountability measures (AMs), dealer reporting 
requirements, and gillnet permit requirements for commercial king 
mackerel landed by run-around gillnet fishing gear in the Gulf of 
Mexico (Gulf). The purpose of this final rule is to increase the 
efficiency, stability, and accountability, and to reduce the potential 
for regulatory discards of king mackerel in the commercial gillnet 
component of the CMP fishery in the Gulf.

DATES: This final rule is effective January 19, 2016.

ADDRESSES: Electronic copies of Framework Amendment 3, 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/2015/framework_am3/index.html.
    Comments regarding the burden-hour estimates, clarity of the 
instructions, or other aspects of the collection-of-information 
requirements contained in this final rule (see the Classification 
section of the preamble) may be submitted in writing to Adam Bailey, 
Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, 
FL 33701; or the Office of Management and Budget (OMB), by email at 
[email protected], or by fax to 202-395-5806.

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

SUPPLEMENTARY INFORMATION: The CMP fishery in the Gulf and Atlantic is 
managed under the FMP. The FMP was prepared by the Gulf and South 
Atlantic Fishery Management 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 October 7, 2015, NMFS published a proposed rule for Framework 
Amendment 3 and requested public comment (80 FR 60605). The proposed 
rule and Framework Amendment 3 outline the rationale for the actions 
contained in this final rule. A summary of the actions implemented by 
this final rule is provided below.
    Current Federal regulations allow for run-around gillnets to be 
used to commercially harvest king mackerel only in the Florida west 
coast southern subzone of the Gulf. This subzone includes the Federal 
waters off Collier County, Florida, year-round, and off Monroe County, 
Florida, from November 1 to March 30. To use gillnets to commercially 
harvest king mackerel, vessels must have on board a Federal commercial 
king mackerel permit and a Federal king mackerel gillnet permit. A 
vessel with a gillnet permit is prohibited from fishing for king 
mackerel with hook-and-line gear. This rule modifies management of the 
king mackerel gillnet component of the commercial sector of the CMP 
fishery by increasing the commercial trip limit, revising AMs, 
modifying dealer reporting requirements, and requiring a documented 
landing history for a king mackerel gillnet permit to be renewed.

Management Measures Contained in This Final Rule

Commercial Trip Limit

    This final rule increases the commercial trip limit for vessels 
harvesting king mackerel by gillnets from 25,000 lb (11,340 kg) to 
45,000 lb (20,411 kg). The size of a school of king mackerel can be 
difficult to estimate precisely and king mackerel landed in gillnets 
experience very high discard mortality, which makes releasing fish in 
excess of the trip limit wasteful and impractical. Fishermen can cut 
the net and leave the section with fish in excess of the trip limit in 
the water and another vessel may be able to retrieve the partial net, 
but this process damages gear, which takes time and money to repair. 
Fishermen have indicated that more than 90 percent of successful 
gillnet gear deployments yield less than 45,000 lb (20,411 kg) of fish. 
Therefore, increasing the current trip limit should reduce the number 
of trips that result in king mackerel landings in excess of the 
commercial trip limit and the associated discard mortality.

Accountability Measures

    The commercial AM for the king mackerel gillnet component of the 
fishery is an in-season closure when the annual catch limit for the 
commercial sector's gillnet component (gillnet ACL), which is 
equivalent to the commercial gillnet quota, is reached or is projected 
to be reached. This final rule adds a provision by which any gillnet 
ACL overage in one fishing year will be deducted from the gillnet ACL 
in the following fishing year. If the gillnet ACL is not exceeded in 
that following fishing year, then in the subsequent fishing year the 
gillnet ACL will return to the original gillnet ACL level as specified 
in

[[Page 78671]]

Sec.  622.388(a)(1)(ii). However, if the adjusted gillnet ACL is 
exceeded in the following fishing year, then the adjusted gillnet ACL 
will be reduced again in the subsequent fishing year by the amount of 
the most recent gillnet ACL overage. Because the trip limit increase in 
this final rule could increase the chance of exceeding the gillnet ACL, 
a payback provision will help ensure that any ACL overage is mitigated 
in the following year.

Dealer Reporting Requirements

    This final rule modifies the reporting requirements for federally 
permitted dealers purchasing commercial king mackerel harvested by 
gillnets. Previously, such dealers were required to submit an 
electronic form daily to NMFS by 6 a.m. during the gillnet fishing 
season for purposes of monitoring the gillnet ACL. However, because 
some vessels land their catch after midnight and may have long 
offloading times, some gillnet landings were not reported until the 
following day. Further, the electronic monitoring system involves 
processing and quality control time before the data can be passed to 
NMFS fishery managers. This resulted in some landings information not 
reaching NMFS until nearly 2 days after the fish were harvested.
    This final rule changes the daily electronic reporting requirement 
to daily reporting by some other means determined by NMFS, such as 
using port agent reports or some more direct method of reporting to 
NMFS fishery managers (e.g., by telephone or internet). NMFS will work 
with dealers to establish a landings reporting system that minimizes 
the burden to the dealers as well as the time for landings to reach 
NMFS fishery managers. NMFS will provide written notice to the king 
mackerel gillnet dealers of the requirements of the reporting system, 
and will also post this information on the NMFS Southeast Regional 
Office Web site. Prior to the beginning of each subsequent commercial 
king mackerel gillnet season, NMFS will provide written notice to king 
mackerel gillnet dealers if the reporting methods and deadline change 
from the previous year, and will also post this information on the NMFS 
Southeast Regional Office Web site. Dealers must also report gillnet-
caught king mackerel in their regular weekly electronic report of all 
species purchased to ensure king mackerel landings are included in the 
Commercial Landings Monitoring database maintained by the Southeast 
Fisheries Science Center.

Renewal Requirements for King Mackerel Gillnet Permits

    This final rule changes the renewal requirements for a king 
mackerel gillnet permit. A king mackerel gillnet permit is renewable 
only if the vessel associated with the permit landed greater than 1 lb 
(0.45 kg) of king mackerel during any one year between 2006 and 2015. 
Currently, there are 21 vessels with valid or renewable Federal gillnet 
permits; 4 of these vessels have had no landings since 2001 and the 
permits associated with those vessels will no longer be renewable. Some 
active gillnet fishermen are concerned that permit holders who have not 
been fishing may begin participating in the gillnet component of the 
fishery, which could result in increased effort in a component of the 
commercial sector that already has a limited season. For example, the 
2014/2015 gillnet season, which closed on February 20, 2015, was 32 
days long and included 5 days of active fishing. Requiring a landings 
history of king mackerel in any one of the last 10 years to renew a 
gillnet permit will help ensure the continued participation of only 
those permit holders who actively fish or have done so in the more 
recent past.
    NMFS will notify each king mackerel gillnet permittee to advise 
them whether their gillnet permit is eligible for renewal based upon 
NMFS' initial determination of eligibility. The proposed rule provided 
NMFS 7 days after the date of publication of the final rule to notify 
permitees, and provided permittees who do not receive a notice the 
concurrent time period to contact NMFS to clarify their gillnet permit 
renewal status. However, this could create an undue burden on 
permittees who might not know if they need to contact NMFS for 
clarification until the end of the NMFS time period, or the seventh day 
after the date of publication of the final rule. Therefore, this final 
rule includes a change to the regulatory text of the proposed rule 
clarifying that permittees have 14 days after the date of publication 
of the final rule to contact NMFS. The change ensures that permittees 
will have 7 days beyond the NMFS deadline to seek clarification of 
their gillnet permit renewal status. This clarifying change will not 
result in any impact on regulated parties. If NMFS advises a permittee 
that the permit is not renewable and they do not agree, a permittee may 
appeal that initial determination.
    NMFS has an appeals process to provide a procedure for resolving 
disputes regarding eligibility to renew the king mackerel gillnet 
permit. The NMFS National Appeals Office will process any appeals, 
which will be governed by the regulations and policy of the National 
Appeals Office at 15 CFR part 906. Appeals must be submitted to the 
National Appeals Office no later than 90 days after the date the 
initial determination by NMFS is issued. Determinations of appeals will 
be based on NMFS' logbook records, submitted on or before February 16, 
2015. If NMFS' logbooks are not available, state landings records that 
were submitted in compliance with applicable Federal and state 
regulations on or before February 16, 2016 may be used.

Other Changes to the Codified Text

    In addition to the measures described for Framework Amendment 3, 
this final rule corrects an error in the recreational regulations for 
king mackerel, Spanish mackerel, and cobia. The regulatory text in 
Sec.  622.388(a)(2), (c)(1), and (e)(1)(i) included the statement that 
``the bag and possession limit would also apply in the Gulf on board a 
vessel for which a valid Federal charter vessel/headboat permit for 
coastal migratory pelagic fish has been issued, without regard to where 
such species were harvested, i.e., in state or Federal waters.'' This 
was included in the final rule for Amendment 18 to the FMP (76 FR 
82058, December 29, 2011), but the Council did not approve this 
provision for CMP species. This final rule removes that text.

Comments and Responses

    No comments were received on either Framework Amendment 3 or the 
proposed rule.

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
that this final rule is consistent with Framework Amendment 3, the FMP, 
the Magnuson-Stevens Act, and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Magnuson-Stevens Act provides the statutory basis for this 
final rule. No duplicative, overlapping, or conflicting Federal rules 
have been identified.
    The description of the action, why it is being considered, and the 
legal basis for the rule are contained in the Framework Amendment and 
in the preamble of this final rule.
    In compliance with section 604 of the RFA, NMFS prepared a Final 
Regulatory Flexibility Analysis (FRFA) for this final rule. The FRFA 
incorporates the Initial Regulatory Flexibility Analysis (IRFA), a 
summary of the significant economic

[[Page 78672]]

issues raised by public comment, NMFS' responses to those comments, and 
a summary of the analyses completed to support the action. The FRFA 
follows.
    No public comments specific to the IRFA were received, and 
therefore, no public comments are addressed in this FRFA. No changes in 
the final rule were made in response to public comments.
    In general, this final rule is not expected to change current 
reporting, recordkeeping, and other compliance requirements on vessel 
owners. However, this final rule will replace the dealer daily 
electronic reporting requirement with daily reporting by some other 
means as determined by NMFS. This will involve reporting to a port 
agent, as used in the past, or some more direct method of reporting to 
managers (e.g., by telephone or internet). NMFS will work with dealers 
to establish a system that will minimize the burden to the dealers as 
well as the time for landings to reach the managers. Dealers will still 
have to report king mackerel gillnet landings through the electronic 
monitoring system weekly, when they report all species purchased. The 
weekly reporting will ensure any king mackerel landings are included in 
the Commercial Landings Monitoring database maintained by the Southeast 
Fisheries Science Center.
    This final rule is expected to directly affect commercial fishermen 
with valid or renewable Federal Gulf king mackerel gillnet permits and 
dealers purchasing king mackerel from vessels with king mackerel 
gillnet permits. The Small Business Administration established size 
criteria for all major industry sectors in the U.S. including 
commercial finfish harvesters (NAICS code 114111), seafood dealers/
wholesalers (NAICS code 424460), and seafood processors (NAICS code 
311710). A business primarily involved in finfish 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 $20.5 
million for all its affiliated operations worldwide. A business 
involved in seafood purchasing and processing is classified as a small 
business based on either employment standards or revenue thresholds. A 
business primarily involved in seafood processing 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 employment not in excess of 500 employees for all its 
affiliated operations worldwide. For seafood dealers/wholesalers, the 
other qualifiers apply and the employment threshold is 100 employees. 
The revenue threshold for seafood dealers/wholesalers/processors is 
$7.5 million.
    The Federal commercial king mackerel permit is a limited access 
permit, which can be transferred or sold, subject to certain 
conditions. From 2008 through 2014, the number of commercial king 
mackerel permits decreased from 1,619 in 2008 to 1,478 in 2014, with an 
average of 1,534 during this period. As of April 30, 2015, there were 
1,342 valid or renewable commercial king mackerel permits. The king 
mackerel gillnet permit, which acts as an endorsement to a commercial 
king mackerel permit, is also a limited access permit. Its 
transferability is more restrictive than that for the commercial king 
mackerel permit. Specifically, it may be transferred only to another 
vessel owned by the same entity or to an immediate family member. From 
2008 through 2014, there were an average of 23 king mackerel gillnet 
permits. As of November 6, 2015, there were 21 valid or renewable king 
mackerel gillnet permits. Beginning in 2014, a Federal dealer permit 
has been required to purchase king mackerel (among other species) 
harvested in the Gulf or South Atlantic. This dealer permit is an open 
access permit, and as of May 4, 2015, there were 325 such dealer 
permits.
    Of the 21 vessels with king mackerel gillnet permits, 11 to 15 
vessels landed king mackerel each year from 2006-2014, or an average of 
13 vessels landed king mackerel. These vessels generated a combined 
average of $544,981 in total ex-vessel revenues. These vessels, 
together with those that did not catch king mackerel, generated average 
revenues of $427,258 from other species during 2006-2014. Averaging 
total revenues across all 21 vessels, the average total revenue per 
vessel was $46,297 annually.
    From 2008 through 2015, the number of dealers that purchased king 
mackerel from gillnet fishermen ranged from 4 to 6, with an average of 
5. On average (2008-2015), these dealers purchased approximately 
$570,105 (2014 dollars) worth of king mackerel from gillnet fishermen, 
or an average of $114,021 per dealer. These dealers also purchased 
other species from Gulf and South Atlantic commercial fishermen, but 
the total amount cannot be estimated due to the absence of adequate 
information. The estimated average annual revenue from seafood 
purchases for dealers with a Gulf and South Atlantic Federal dealer 
permit is approximately $546,000.
    Based on the revenue figures above and for the purpose of this 
analysis, all federally permitted vessels and dealers expected to be 
directly affected by this final rule are assumed to be small business 
entities.
    Because all entities expected to be affected by this rule are 
assumed to be small entities, NMFS has determined that this final rule 
will affect a substantial number of small entities. However, the issue 
of disproportionate effects on small versus large entities does not 
arise in the present case.
    Increasing the commercial trip limit is expected to result in 
greater king mackerel harvests per vessel per trip. This will directly 
translate into increased ex-vessel revenues from king mackerel per trip 
and possibly profits, assuming relatively stable operating costs per 
trip. However, trip limit increases will be expected to decrease the 
already limited number of fishing days currently needed to harvest the 
gillnet ACL. Relative to status quo, fewer fishing days will 
concentrate the same amount of king mackerel over a smaller time 
interval, possibly depressing the ex-vessel price for king mackerel and 
canceling out some of the revenue increases expected to result from 
higher trip limits. Whether the reduction in revenues due to price 
depression will offset revenue increases from a higher trip limit 
cannot be determined with available information.
    In the last nine fishing years (2006/2007-2014/2015), the king 
mackerel gillnet ACL was exceeded four times although this has not 
occurred in the last three fishing years. Under the new commercial trip 
limit, however, there is some possibility that the commercial gillnet 
ACL will be exceeded, and thus the overage provision (payback) will 
apply with the following year's gillnet ACL being reduced by the full 
amount of the overage. The amount of the gillnet ACL overage will 
partly depend on how effectively the landings could be monitored. 
Regardless of the amount of overage and reduction in the following 
year's commercial gillnet ACL, the net economic effects of the overage 
provision could be negative, neutral, or positive, at least over a 2-
year period. Revenues and profits could be relatively higher in the 
year an ACL overage occurred but the following year's revenues and 
profits could be lower with a reduced gillnet ACL. It cannot be 
ascertained which of the three net economic effects will occur.
    Replacing the requirement for daily electronic reporting by dealers 
purchasing gillnet-caught king mackerel with an alternative form of 
daily reporting will not impose an additional

[[Page 78673]]

reporting burden on dealers. The replacement reporting requirement will 
be similar to what had been done in previous years or it will be more 
efficient in monitoring the amount of landings without changing the 
burden compared with the daily electronic reporting requirement. NMFS 
will work with the dealers in developing such a reporting system to 
ensure timely reporting of landings at no greater burden to the 
dealers.
    Establishing new renewal requirements for commercial king mackerel 
gillnet permits based on a landings threshold of 1 lb (0.45 kg) is not 
expected to result in economic effects other than the potential loss of 
opportunities to excluded permit holders, should they want to re-enter 
the gillnet component of the fishery to harvest king mackerel in the 
future. Of the 21 vessels with valid or renewable gillnet permits, 4 
vessels will not meet the renewal requirement. These 4 vessels have not 
landed any king mackerel using gillnets from 2001 through 2015, and 
thus have not generated any revenues from such activity. Not allowing 
these 4 vessels to renew their gillnet permits will have no short-term 
effects on their revenues and profits. It may also be expected that the 
remaining vessels in the gillnet component of the fishery will not 
experience revenue increases as a result of eliminating 4 vessels. 
Despite not having used gillnets to harvest king mackerel, those 4 
permit owners have continued to renew their gillnet permits. To an 
extent, their decision not to exercise their option to re-enter the 
gillnet component of the fishery in the last 15 years may indicate that 
they have not undertaken substantial investments, e.g., in boats and 
gear, in preparation for harvesting king mackerel. The gillnet permit 
cost they have spent, which is currently $10 annually per gillnet 
permit, is relatively small. There is a good possibility that if they 
are not able to renew their permits to re-enter the king mackerel 
gillnet component of the CMP fishery they will not lose any significant 
investments. They still will stand to forgo future revenues from using 
gillnets in fishing for king mackerel. Those remaining in the fishery 
will not face the possibility of additional competition from those 
ineligible vessels.
    The following discussion describes the alternatives that were not 
selected as preferred by the Council.
    Four alternatives, including the preferred alternative, were 
considered for modifying the commercial trip limit for gillnet-caught 
king mackerel. The first alternative, the no action alternative, would 
retain the 25,000 lb (11,340 kg) trip limit. This alternative would 
maintain the same economic benefits per trip but at levels lower than 
those afforded by the preferred alternative. The second alternative, 
which would increase the trip limit to 35,000 lb (15,876 kg), would 
yield lower economic benefits per trip than the preferred alternative. 
The third alternative would remove the trip limit, and thus would be 
expected to yield higher economic benefits per trip than the preferred 
alternative. However, it cannot be determined whether the benefits per 
trip would translate into total benefits because prices, and thus 
revenues, would tend to be affected by the amount of landings over a 
certain time period. This price effect would tend to offset any revenue 
effects from trip limit changes. That is, larger landings over a 
shorter period, as in the preferred or no trip limit alternatives, 
would tend to be associated with lower prices, just as smaller landings 
over a longer period, as in the no action alternative, would tend to be 
associated with higher prices. The net economic effects of all these 
alternatives for increasing the trip limit cannot be determined.
    Three alternatives, including the preferred alternative, were 
considered for modifying the AM for the gillnet component of the king 
mackerel fishery. The first alternative, the no action alternative, 
would retain the in-season AM, which would close king mackerel gillnet 
fishing in the Florida west coast southern subzone when the gillnet ACL 
is met or is projected to be met. This alternative would not alter the 
level of economic benefits from the harvest of king mackerel by 
commercial gillnet fishermen. The second alternative would establish an 
annual catch target (ACT), which would be a quota set at a level below 
the commercial ACL, with various options. The first three options would 
establish a gillnet ACT equal to 95 percent, 90 percent, or 80 percent 
of the gillnet ACL; the fourth option would set the ACT according to 
the Gulf Council's ACL/ACT control rule (currently equal to 95 percent 
of the ACL); and the fifth option, which applies only if an ACT is 
established, would allow the amount of landings under the gillnet quota 
to be added to the following year's quota but the total gillnet quota 
could not exceed the gillnet ACL. The first four options would result 
in lower short-term revenues and profits than the preferred alternative 
by restricting the amount of harvest to less than the gillnet ACL. The 
fifth option has the potential to yield higher revenues than the 
preferred alternative, because any unused gillnet quota would generate 
additional revenues in the following year. The absence of a gillnet ACL 
overage provision, however, could have adverse consequences on the 
status of the king mackerel stock and eventually on vessel revenues and 
profits. The third alternative, with two options, would establish a 
payback provision. The first option is the preferred alternative, which 
would establish a payback provision regardless of the stock status, 
while the second option would establish a payback provision only if the 
Gulf migratory group king mackerel stock is overfished. Because the 
Gulf migratory group king mackerel stock is not overfished, the second 
option would yield the same economic results as the no action 
alternative but possibly lower adverse economic impacts than the 
preferred alternative in the short term should an overage occur. 
However, the second option would provide less protection to the king 
mackerel stock before the stock becomes overfished.
    Three alternatives, including the preferred alternative, were 
considered for modifying the electronic reporting requirements for 
dealers first receiving king mackerel harvested by gillnets. The first 
alternative, the no action alternative, would retain the daily 
electronic reporting requirements. This alternative would not provide 
timely reporting of landings because some landings reports could not be 
processed until the next day. The second alternative would remove the 
daily electronic reporting requirement but would require a weekly 
electronic reporting instead. While this would be less burdensome to 
dealers, it would not allow timely reporting of landings, which is 
necessary to monitor a season that generally lasts for only a few days.
    Five alternatives, including the preferred alternative, were 
considered for renewal requirements for Federal king mackerel gillnet 
permits. The first alternative, the no action alternative, would 
maintain all current requirements for renewing king mackerel gillnet 
permits. This alternative would allow all 21 gillnet permit holders to 
renew their gillnet permits. The second alternative, with three 
options, would allow renewal of king mackerel gillnet permits if 
average landings during 2006-2015 exceed 1 lb (0.45 kg), 10,000 lb 
(4,536 kg), or 25,000 lb (11,340 kg). The third alternative, with three 
options, would allow renewal of king mackerel gillnet permits if 
landings for a single year during 2006-2015 exceed 1 lb (0.45 kg), 
10,000 lb (4,536 kg), or 25,000 lb (11,340 kg).

[[Page 78674]]

This alternative with a landings threshold of greater than 1 lb (0.45 
kg) for a single year is the preferred alternative. The fourth 
alternative, with three options, would allow renewal of king mackerel 
gillnet permits if average landings during 2011-2015 exceed 1 lb (0.45 
kg), 10,000 lb (4,536 kg), or 25,000 lb (11,340 kg). The fifth 
alternative, with three options, would allow renewal of king mackerel 
gillnet permits if landings for a single year during 2011-2015 exceed 1 
lb (0.45 kg), 10,000 lb (4,536 kg), or 25,000 lb (11,340 kg). All these 
other alternatives, except the no action alternative, would eliminate 
the same or greater number of vessels than the preferred alternative.
    This final rule contains collection-of-information requirements 
subject to the Paperwork Reduction Act (PRA), which have been approved 
by OMB under control number 0648-0013. NMFS estimates that no change to 
the overall reporting burden will result from modifying the previously 
required daily reporting method for dealers that purchase king mackerel 
caught by gillnets during the fishing season. Instead of submitting an 
electronic form daily, NMFS will require daily reporting by some other 
means as developed by NMFS. Other means could involve reporting to the 
NMFS port agents or some other more direct method of reporting to 
managers, such as by email or phone. Dealers will report any purchase 
of king mackerel landed by the gillnet component of the fishery with 
the current and approved requirement for dealers to report fish 
purchases on a weekly basis, as specified in 50 CFR 622.5(c). NMFS 
estimates that this requirement will not change the reporting burden of 
10 minutes per response for dealers purchasing king mackerel caught by 
gillnets. This estimate of the public reporting burden includes 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 PRA, unless that collection-of-information displays a currently 
valid OMB control number.
    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 interested parties.

List of Subjects in 50 CFR Part 622

    Accountability measure, Annual catch limit, Fisheries, Fishing, 
Gulf of Mexico, King mackerel, Permits, Run-around gillnet.

    Dated: December 10, 2015.
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.  622.5, revise paragraph (c)(1)(i) to read as follows:


Sec.  622.5  Recordkeeping and reporting--general.

* * * * *
    (c) * * *
    (1) * * *
    (i) A person issued a Gulf and South Atlantic dealer permit must 
submit a detailed electronic report of all fish first received for a 
commercial purpose within the time period specified in this paragraph 
via the dealer electronic trip ticket reporting system. These 
electronic reports must be submitted at weekly intervals via the dealer 
electronic trip ticket reporting system by 11:59 p.m., local time, the 
Tuesday following a reporting week. If no fish were received during a 
reporting week, an electronic report so stating must be submitted for 
that reporting week. In addition, during the open season, dealers must 
submit daily reports for Gulf migratory group king mackerel harvested 
by the run-around gillnet component in the Florida west coast southern 
subzone via the port agents, telephone, internet, or other similar 
means determined by NMFS. From the beginning of the open season until 
the commercial ACL (commercial quota) for the run-around gillnet sector 
for Gulf migratory group king mackerel is reached, dealers must submit 
a daily report if no king mackerel were received during the previous 
day. NMFS will provide written notice to dealers that first receive 
Gulf king mackerel harvested by the run-around gillnet component prior 
to the beginning of each fishing year if the reporting methods or 
deadline change from the previous year.
* * * * *

0
3. In Sec.  622.371, revise paragraph (a) to read as follows:


Sec.  622.371  Limited access system for commercial vessel permits for 
king mackerel.

    (a) No applications for additional commercial vessel permits for 
king mackerel will be accepted. Existing vessel permits may be renewed, 
are subject to the restrictions on transfer or change in paragraph (b) 
of this section, and are subject to the requirement for timely renewal 
in paragraph (c) of this section.
* * * * *

0
4. In Sec.  622.372, add paragraph (d) to read as follows:


Sec.  622.372  Limited access system for king mackerel gillnet permits 
applicable in the southern Florida west coast subzone.

* * * * *
    (d) Renewal criteria for a king mackerel gillnet permit. A king 
mackerel gillnet permit may be renewed only if NMFS determines at least 
1 year of landings from 2006 to 2015 associated with that permit was 
greater than 1 lb (0.45 kg), round or gutted weight.
    (1) Initial determination. On or about December 24, 2015, the RA 
will mail each king mackerel gillnet permittee a letter via certified 
mail, return receipt requested, to the permittee's address of record as 
listed in NMFS' permit files, advising the permittee whether the permit 
is eligible for renewal. A permittee who does not receive a letter from 
the RA, must contact the RA no later than December 31, 2015, to clarify 
the renewal status of the permit. A permittee who is advised that the 
permit is not renewable based on the RA's determination of eligibility 
and who disagrees with that determination may appeal that 
determination.
    (2) Procedure for appealing landings information. The only item 
subject to appeal is the landings used to determine whether the permit 
is eligible for renewal. Appeals based on hardship factors will not be 
considered. Any appeal under this regulation will be processed by the 
NMFS National Appeals Office. Appeals will be governed by the 
regulations and policy of the National Appeals Office at 15 CFR part 
906. Appeals must be submitted to the National Appeals Office no later 
than 90 days after the date the initial determination in issued. 
Determinations of appeals regarding landings data for

[[Page 78675]]

2006 to 2015 will be based on NMFS' logbook records, submitted on or 
before February 16, 2016. If NMFS' logbooks are not available, state 
landings records or data for 2006 to 2015 that were submitted in 
compliance with applicable Federal and state regulations on or before 
February 16, 2015, may be used.

0
5. In Sec.  622.385, revise paragraph (a)(2)(ii)(A)(1) to read as 
follows:


Sec.  622.385  Commercial trip limits.

* * * * *
    (a) * * *
    (2) * * *
    (ii) * * *
    (A) * * *
    (1) In the Florida west coast southern subzone, king mackerel in or 
from the EEZ may be possessed on board or landed from a vessel for 
which a commercial vessel permit for king mackerel and a king mackerel 
gillnet permit have been issued, as required under Sec.  622.370(a)(2), 
in amounts not exceeding 45,000 lb (20,411 kg) per day, provided the 
gillnet component for Gulf migratory group king mackerel is not closed 
under Sec.  622.378(a) or Sec.  622.8(b).
* * * * *

0
6. In Sec.  622.388:
0
a. Add paragraph (a)(1)(iii); and
0
b. Revise paragraphs (a)(2), (c)(1), and (e)(1)(i) to read as follows:


Sec.  622.388  Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

* * * * *
    (a) * * *
    (1) * * *
    (iii) If commercial landings for Gulf migratory group king mackerel 
caught by run-around gillnet in the Florida west coast southern 
subzone, as estimated by the SRD, exceed the commercial ACL, the AA 
will file a notification with the Office of the Federal Register to 
reduce the commercial ACL for king mackerel harvested by run-around 
gillnet in the Florida west coast southern subzone in the following 
fishing year by the amount of the commercial ACL overage in the prior 
fishing year.
    (2) Recreational sector. If recreational landings, as estimated by 
the SRD, reach or are projected to reach the recreational ACL of 8.092 
million lb (3.670 million kg), the AA will file a notification with the 
Office of the Federal Register to implement a bag and possession limit 
for Gulf migratory group king mackerel of zero, unless the best 
scientific information available determines that a bag limit reduction 
is unnecessary.
* * * * *
    (c) * * *
    (1) If the sum of the commercial and recreational landings, as 
estimated by the SRD, reaches or is projected to reach the stock ACL, 
as specified in paragraph (c)(3) of this section, the AA will file a 
notification with the Office of the Federal Register to close the 
commercial and recreational sectors for the remainder of the fishing 
year. On and after the effective date of such a notification, all sale 
and purchase of Gulf migratory group Spanish mackerel is prohibited and 
the harvest and possession limit of this species in or from the Gulf 
EEZ is zero.
* * * * *
    (e) * * *
    (1) * * *
    (i) If the sum of all cobia landings, as estimated by the SRD, 
reaches or is projected to reach the stock quota (stock ACT), specified 
in Sec.  622.384(d)(1), the AA will file a notification with the Office 
of the Federal Register to prohibit the harvest of Gulf migratory group 
cobia in the Gulf zone for the remainder of the fishing year. On and 
after the effective date of such a notification, all sale and purchase 
of Gulf migratory group cobia in the Gulf zone is prohibited and the 
possession limit of this species in or from the Gulf EEZ is zero.
* * * * *
[FR Doc. 2015-31708 Filed 12-16-15; 8:45 am]
 BILLING CODE 3510-22-P