[Federal Register Volume 82, Number 68 (Tuesday, April 11, 2017)]
[Rules and Regulations]
[Pages 17387-17402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07233]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 160426363-7275-02]
RIN 0648-BG03


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic 
Region; Amendment 26

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

ACTION: Final rule.

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SUMMARY: NMFS issues regulations to implement management measures 
described in Amendment 26 to the Fishery Management Plan for the 
Coastal Migratory Pelagics Fishery of the Gulf of Mexico and Atlantic 
Region (FMP) as prepared and submitted jointly by the Gulf of Mexico 
Fishery Management Council (Gulf Council) and South Atlantic Fishery 
Management Council (South Atlantic Council). Amendment 26 and this 
final rule adjust the management boundary for the Gulf of Mexico (Gulf) 
and Atlantic migratory groups of king mackerel; revise acceptable 
biological catch (ABC), commercial and recreational annual catch limits 
(ACLs), commercial quotas and recreational annual catch targets (ACTs) 
for Atlantic migratory group king mackerel; allow limited retention and 
sale of Atlantic migratory group king mackerel incidentally caught in 
the shark gillnet fishery; establish a commercial split season for 
Atlantic migratory group king mackerel in the Atlantic southern zone; 
establish a commercial trip limit system for Atlantic migratory group 
king mackerel in the Atlantic southern zone; revise the commercial and 
recreational ACLs for Gulf migratory group king mackerel; revise 
commercial zone quotas for Gulf migratory group king mackerel; and 
modify the recreational bag limit for Gulf migratory group king 
mackerel. The purpose of Amendment 26 and this final rule is to ensure 
that king mackerel management is based on the best scientific 
information available, while increasing the social and economic 
benefits of the fishery.

DATES: This final rule is effective May 11, 2017.

ADDRESSES: Electronic copies of Amendment 26 may be obtained from the 
Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_sa/cmp/2016/am%2026/index.html. Amendment 26 
includes an environmental assessment, a Regulatory Flexibility Act 
(RFA) analysis, and a regulatory impact review.

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

SUPPLEMENTARY INFORMATION: The coastal migratory pelagic fishery of the 
Gulf and Atlantic Regions is managed under the FMP and includes the 
management of the Gulf and Atlantic migratory groups of king mackerel, 
Spanish mackerel, and cobia. The FMP was prepared jointly by the Gulf 
and South Atlantic Councils (Councils) and is implemented through 
regulations at 50 CFR part 622 under authority of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act).
    On December 14, 2016, NMFS published a notice of availability for 
Amendment 26 and requested public comment (81 FR 90314). On December 
29, 2016, NMFS published a proposed rule for Amendment 26 and requested 
public comment (81 FR 95941). The proposed rule and Amendment 26 
outline the rationale for the actions contained in this final rule. A 
summary of the management measures described in Amendment 26 and 
implemented by this final rule is provided below.

Management Measures Contained in This Final Rule

    This final rule to implement Amendment 26 adjusts the management 
boundary of the Gulf and Atlantic migratory groups of king mackerel; 
revises management reference points, the commercial and recreational 
ACLs, commercial quotas and recreational ACTs for Atlantic migratory 
group king mackerel; allows limited retention and sale of incidental 
catch of Atlantic migratory group king mackerel in the shark gillnet 
fishery; establishes a commercial split season for Atlantic migratory 
group king mackerel in the Atlantic southern zone; establishes a 
commercial trip limit system for Atlantic migratory group king mackerel 
in the Atlantic southern zone; revises commercial and recreational ACLs 
for Gulf migratory group king mackerel; revises commercial zone quotas 
for Gulf migratory group king mackerel; and modifies the recreational 
bag limit for Gulf migratory group king mackerel.

Management Boundary and Zone Descriptions for the Gulf and Atlantic 
Migratory Groups of King Mackerel

    Currently, management boundaries change seasonally for the Gulf and 
Atlantic migratory groups of king mackerel based on the historical 
understanding that the two migratory groups mixed seasonally off the 
east coast of Florida and in Monroe County, FL. However, in 2014, the 
Southeast Data, Assessment, and Review (SEDAR) 38 stock assessment 
(SEDAR 38) determined that the mixing zone between the two migratory 
groups now exists only in the portion of the Exclusive Economic Zone 
(EEZ) off Monroe County, Florida, south of the Florida Keys. This final 
rule sets a single year-round regulatory boundary (Gulf/Atlantic group 
boundary) separating management of the two migratory groups of king 
mackerel, based on the genetic analysis used in SEDAR 38. This new 
year-round Gulf/Atlantic group boundary is set at a line extending east 
from the Miami-Dade/Monroe County, FL, boundary, to better represent 
the area where the two migratory groups primarily exist. The newly 
defined mixing zone off the Florida Keys is included in the Gulf 
migratory group and will be managed by the Gulf Council.
    This final rule renames the Gulf migratory group's current eastern 
zone-northern subzone and eastern zone-southern subzone as the northern 
zone and southern zone, respectively. The southern zone includes the 
new mixing zone, extending east to the new Gulf/Atlantic group 
boundary. The name and dimensions of the Gulf migratory group's western 
zone remain the same. The Atlantic migratory group's northern zone also 
remains unchanged. This final rule shifts the southern boundary of the 
Atlantic migratory group's southern zone to the new Gulf/Atlantic group 
boundary. Due to this shift, the current Florida east coast subzone 
will no longer exist. Instead, that area will be included in the 
Atlantic migratory group's southern zone year-round.
    NMFS notes that the final rule for Amendment 26 will be effective 
after the end of the fishing year for Atlantic migratory group king 
mackerel. As described in Amendment 26 and the proposed rule, landings 
from the Florida east coast subzone for the 2016/17

[[Page 17388]]

fishing year will be attributed to the Atlantic southern zone quota. 
Therefore, any landings from the Florida east coast subzone between 
November 1, 2016, and March 31, 2017, will count against the Atlantic 
southern zone king mackerel commercial 2016/17 quota.
    This rule does not change the current Federal fishing permitting 
requirements for fishing for king mackerel in Gulf and Atlantic Federal 
waters.

Atlantic Migratory Group King Mackerel ACLs, Commercial Quotas and 
Recreational ACTs

    This final rule revises the overfishing limits and ABCs for 
Atlantic migratory group king mackerel based on SEDAR 38 and the South 
Atlantic Council's Scientific and Statistical Committee (SSC) 
recommended ABCs based on a high recruitment scenario. The Atlantic 
migratory group ABC will gradually decrease from 17.4 million lb (7.89 
million kg) in the 2016-2017 fishing year to 12.7 million lb (5.76 
million kg) in the 2019-2020 fishing year.
    Amendment 26 and this final rule also set the Atlantic migratory 
group stock ACL equal to optimum yield (OY) and the new ABC. The 
Atlantic migratory group's sector allocation (37.1 percent of the ACL 
to the commercial sector and 62.9 percent of the ACL to the 
recreational sector) will not change. This final rule revises the 
commercial ACLs for the Atlantic migratory group to be 6.5 million lb 
(2.9 million kg) for the 2016-2017 fishing year, 5.9 million lb (2.7 
million kg) for the 2017-2018 fishing year, 5.2 million lb (2.4 million 
kg) for the 2018-2019 fishing year, and 4.7 million lb (2.1 million kg) 
for the 2019-2020 fishing year and subsequent fishing years. This final 
rule revises the recreational ACLs for the Atlantic migratory group to 
be 10.9 million lb (4.9 million kg) for the 2016-2017 fishing year, 9.9 
million lb (4.5 million kg) for the 2017-2018 fishing year, 8.9 million 
lb (4.0 million kg) for the 2018-2019 fishing year, and 8.0 million lb 
(3.6 million kg) for the 2019-2020 fishing year and subsequent fishing 
years. The recreational sector ACTs for the Atlantic migratory group 
are set at 10.1 million lb (4.6 million kg) for the 2016-2017 fishing 
year, 9.2 million lb (4.2 million kg) for the 2017-2018 fishing year, 
8.3 million lb (3.8 million kg) for the 2018-2019 fishing year, and 7.4 
million lb (3.4 million kg) for the 2019-2020 fishing year and 
subsequent fishing years.
    The commercial ACLs for Atlantic migratory group king mackerel are 
divided each fishing year between the northern zone (23.04 percent) and 
southern zone (76.96 percent) into their respective commercial quotas. 
The commercial quotas for the Atlantic northern zone are 1,497,600 lb 
(679,300 kg) for the 2016-17 fishing year, 1,359,360 lb (616,595 kg) 
for the 2017-2018 fishing year, 1,198,080 lb (543,440 kg) for the 2018-
2019 fishing year, and 1,082,880 lb (491,186 kg) for the 2019-2020 
fishing year and subsequent years. The commercial quotas for the 
Atlantic southern zone are 5,002,400 lb (2,269,050 kg) for the 2016-
2017 fishing year, 4,540,640 lb (2,059,600 kg) for the 2017-2018 
fishing year, 4,001,920 lb (1,815,240 kg) for the 2018-2019 fishing 
year, and 3,617,120 lb (1,640,698 kg) for the 2019-2020 fishing year 
and subsequent fishing years.

Incidental Catch of Atlantic Migratory Group King Mackerel Caught in 
the Shark Gillnet Fishery

    Amendment 20A to the FMP prohibited recreational bag limit sales of 
king mackerel by commercially permitted king mackerel fishermen in 
South Atlantic Council jurisdictional waters, which included king 
mackerel incidentally caught on directed commercial shark trips (79 FR 
34246, June 16, 2014). Through this final rule, a vessel in the 
Atlantic exclusive economic zone (EEZ) that is engaged in directed 
shark fishing with gillnets that has both a valid Federal shark 
directed commercial permit and a valid Federal king mackerel commercial 
permit will be allowed to retain a limited number of king mackerel. In 
the Atlantic northern zone, no more than three king mackerel per crew 
member may be retained or sold per trip. In the Atlantic southern zone, 
no more than two king mackerel per crew member may be retained or sold 
per trip. These incidentally caught king mackerel may be retained or 
sold only to a dealer with a valid Federal Gulf and South Atlantic 
dealer permit.
    The incidental catch allowance does not apply to commercial shark 
trips that are using an authorized gillnet for Atlantic migratory group 
king mackerel north of 34[deg]37.3' N. lat, the latitude of Cape 
Lookout Light, NC, where the commercial trip limit of 3,500 lb (1,588 
kg) applies. No type of gillnet is an allowable gear for Atlantic 
migratory group king mackerel south of Cape Lookout Light.

Commercial Split Seasons for Atlantic Migratory Group King Mackerel in 
Atlantic Southern Zone

    Currently, the commercial fishing year for Atlantic migratory group 
king mackerel is March 1 through the end of February, and the 
commercial ACLs for the Atlantic northern zone and southern zone are 
allocated for the entire fishing year. This final rule divides the 
annual Atlantic migratory group commercial quota for the Atlantic 
southern zone into two commercial seasons. The Atlantic northern zone 
quota will not be split. This final rule allocates 60 percent of the 
Atlantic southern zone commercial quota to the first season of March 1 
through September 30, and 40 percent to the second of October 1 through 
the end of February. This commercial split season for the Atlantic 
southern zone quota is intended to ensure that a portion of the 
southern zone's quota is available in later months of the fishing year, 
which will allow for increased fishing opportunities in that area 
during more of the fishing year.
    The seasonal commercial quotas for the first season of March 1 
through September 30, in the southern zone are: 3,001,440 lb (1,361,430 
kg) for the 2016-2017 fishing year, 2,724,384 lb (1,235,760 kg) for the 
2017-2018 fishing year, 2,401,152 lb (1,089,144 kg) for the 2018-2019 
fishing year, and 2,170,272 lb (984,419 kg) for the 2019-2020 fishing 
year and subsequent fishing years. The seasonal commercial quotas for 
the second season of October 1 through the end of February in the 
southern zone are: 2,000,960 lb (907,620 kg) for the 2016-2017 fishing 
year, 1,816,256 lb (823,840 kg) for the 2017-2018 fishing year, 
1,600,768 lb (726,096 kg) for the 2018-2019 fishing year, and 1,446,848 
lb (656,279 kg) for the 2019-2020 fishing year and subsequent years.

Commercial Trip Limit System for the Atlantic Migratory Group of King 
Mackerel in the Atlantic Southern Zone

    This final rule revises the commercial trip limits for Atlantic 
migratory group king mackerel in the Atlantic southern zone, based on 
the revised management boundary and split commercial season. During the 
first commercial season (March 1 through September 30), in the area 
between the Flagler/Volusia County, FL, boundary (29[deg]25' N. lat.), 
and the Miami-Dade/Monroe County, FL, boundary (25[deg]20.24'' N. 
lat.), the trip limit will be 50 fish during March. From April 1 
through September 30, the trip limit will be 75 fish, unless NMFS 
determines that 75 percent or more of the Atlantic southern zone quota 
for the first season has been landed, then the trip limit will be 50 
fish. During the second commercial season (October 1 through the end of 
February), the trip limit will be 50 fish for the area between the 
Flagler/Volusia County, FL, boundary, and the the Miami-Dade/Monroe 
County, FL, boundary from October 1 through January 31. During the 
month of February, the trip limit will remain 50 fish, unless NMFS 
determines that less than 70 percent of

[[Page 17389]]

the commercial quota for the southern zone's second season has been 
landed, then the trip limit will be 75 fish.
    This final rule does not revise the 3,500 lb (1,588 kg) year-round 
trip limit for Atlantic migratory group king mackerel north of the 
Flagler/Volusia County, FL, boundary.

Gulf Migratory Group King Mackerel ACLs

    The current ABC and total ACL for Gulf migratory group king 
mackerel is 10.8 million lb (4.89 million kg). This final rule revises 
the total ACLs for the Gulf migratory group of king mackerel to be 
equal to the ABCs recommended by the Gulf Council's SSC: 9.21 million 
lb (4.18 million kg) for the 2016-2017 fishing year, 8.88 million lb 
(4.03 million kg) for the 2017-2018 fishing year, 8.71 million lb (3.95 
million kg) for the 2018-2019 fishing year, and 8.55 million lb (3.88 
million kg) for the 2019-2020 fishing year.
    This final rule does not revise the current recreational and 
commercial allocations of Gulf migratory group king mackerel (68 
percent of the total ACL to the recreational sector and 32 percent to 
the commercial sector). Based on the existing allocations, and the 
revisions to the total ACLs for Gulf migratory group king mackerel in 
this final rule, the commercial ACLs for Gulf migratory group king 
mackerel are: 2.95 million lb (1.34 million kg) for the 2016-2017 
fishing year, 2.84 million lb (1.29 million kg) for the 2017-2018 
fishing year, 2.79 million lb (1.27 million kg) for the 2018-2019 
fishing year, and 2.74 million lb (1.24 million kg) for the 2019-2020 
fishing year and subsequent fishing years.
    These Gulf migratory group commercial ACLs are further divided into 
gear-specific commercial ACLs, for hook-and-line gear, and for vessels 
fishing with run-around gillnet gear, which is only an authorized gear 
in the southern zone. The hook-and-line component commercial ACLs 
(which applies to the entire Gulf) are: 2,330,500 lb (1,057,097 kg) for 
the 2016-2017 fishing year, 2,243,600 lb (1,017,680 kg) for the 2017-
2018 fishing year, 2,204,100 lb (999,763 kg) for the 2018-2019 fishing 
year, and 2,164,600 lb (981,846 kg) for the 2019-2020 fishing year and 
subsequent years. The run-around gillnet component commercial ACLs 
(which applies to the Gulf southern zone) are: 619,500 lb (281,000 kg) 
for the 2016-2017 fishing year, 596,400 lb (270,522 kg) for the 2017-
2018 fishing year, 585,900 lb (265,760 kg) for the 2018-2019 fishing 
year, and 575,400 lb (260,997 kg) for the 2019-2020 fishing year and 
subsequent fishing years.
    The recreational ACLs for Gulf migratory group king mackerel are: 
6.26 million lb (2.84 million kg) for the 2016-2017 fishing year, 6.04 
million lb (2.74 million kg) for the 2017-2018 fishing year, 5.92 
million lb (2.69 million kg) for the 2018-2019 fishing year, and 5.81 
million lb (2.64 million kg) for the 2019-2020 fishing year and 
subsequent fishing years.

Commercial Zone Quotas for Gulf Migratory Group King Mackerel

    Amendment 26 and this final rule also revise the Gulf migratory 
group commercial zone quotas, because of the changes to the Councils' 
regulatory management boundary and resultant zone revisions. The 
current allocation of the commercial zone quota for Gulf migratory 
group king mackerel by zones is 31 percent in the western zone, 5.17 
percent in the northern zone, 15.96 percent for the southern zone using 
hook-and-line gear, 15.96 percent for the southern zone using gillnet 
gear, and 31.91 percent for the Florida east coast subzone. However, 
under this final rule, the Florida east coast subzone will no longer 
exist. The quota associated with the Florida east coast subzone is re-
allocated to the remaining zones. The revised allocation of commercial 
zone quotas for Gulf migratory group king mackerel is: 40 percent in 
the western zone, 18 percent in the northern zone, 21 percent for the 
southern zone using hook-and-line gear, and 21 percent for the southern 
zone using gillnet gear.
    The commercial quotas for the Gulf western zone are: 1,180,000 lb 
(535,239 kg) for the 2016-2017 fishing year, 1,136,000 lb (515,281 kg) 
for the 2017-2018 fishing year, 1,116,000 lb (506,209 kg) for the 2018-
2019 fishing year, and 1,096,000 lb (497,137 kg) for the 2019-2020 
fishing year and subsequent fishing years.
    The commercial quotas for the Gulf northern zone are: 531,000 lb 
(240,858 kg) for the 2016-2017 fishing year, 511,200 lb (231,876 kg) 
for the 2017-2018 fishing year, 502,200 lb (227,794 kg) for the 2018-
2019 fishing year, and 493,200 lb (223,712 kg) for the 2019-2020 
fishing year and subsequent fishing years.
    The commercial hook-and-line and commercial run-around gillnet 
component quotas in the southern zone are equal for each fishing year: 
619,500 lb (281,000 kg) for the 2016-2017 fishing year, 596,400 lb 
(270,522 kg) for the 2017-2018 fishing year, 585,900 lb (265,760 kg) 
for the 2018-2019 fishing year, and 575,400 lb (260,997 kg) for the 
2019-2020 fishing year and subsequent fishing years.

Recreational Bag Limit for Gulf Migratory Group of King Mackerel

    This final rule will increase the recreational bag limit for Gulf 
migratory group king mackerel from 2 fish per person per trip to 3 fish 
per person per trip. In Amendment 26, the Councils considered, but 
rejected, the possibility of reallocating from the recreational ACL to 
the commercial ACL. The Councils instead decided to increase the 
recreational bag limit for Gulf migratory group king mackerel, as this 
increased recreational bag limit will allow more opportunities for 
recreational anglers to harvest the recreational sector's ACL.

Comments and Responses

    A total of 28 comment submissions were received on the proposed 
rule and Amendment 26 from both commercial and recreational fishers, 
industry groups, the Councils, and one Federal agency. Of the comments 
received, 20 comment submissions expressed general support for the 
actions within Amendment 26. Several comments raised issues outside the 
scope of Amendment 26 and the proposed rule, including requests for a 
shark gillnet bycatch allowance for species not in the FMP, a change to 
the king mackerel minimum size limit, and a prohibition on gillnets. 
Because those comments are outside of the scope of the actions 
considered in Amendment 26 and the proposed rule, NMFS is not providing 
responses in this final rule. NMFS identified six specific comments 
related to Amendment 26 and its proposed rule. These six specific 
comments and NMFS' respective responses are summarized below.
    Comment 1: NMFS should expedite implementation of the final rule 
for Amendment 26 by waiving the 30-day delay in effectiveness for the 
regulations in this final rule. Implementation of these regulations 
will provide economic and social benefits to commercial and 
recreational fishermen and associated businesses and communities across 
the South Atlantic, Mid-Atlantic, and Gulf by increasing the king 
mackerel quotas. In addition, the regulations will align management for 
this species with the best scientific information available.

[[Page 17390]]

    Response: The Administrative Procedure Act (APA) sets forth 
specific provisions governing Federal agency rulemaking. As described 
in 5 U.S.C. 553(d), the APA requires the publication of a rule not less 
than 30 days prior to its effective date, except where certain 
conditions are met. Waiver of the requirement for this 30-day delay in 
effectiveness (cooling off period), may only be granted where (1) a the 
substantive rule grants or recognize a exemption or relieves a 
restriction, (2) the rule is an interpretative rule or statement of 
policy, or (3) the Agency find good cause for waiver of the cooling off 
period.
    For this final rule, NMFS considered waiving the 30-day cooling off 
period for the entire final rule or for actions within the amendment 
and determined that waiver is not appropriate. While certain actions 
within Amendment 26, such as the revisions to the Gulf and Atlantic 
migratory group ACLs and quotas, relieve a restriction, this final rule 
contains many actions that are interconnected, including actions that 
do not clearly relieve a restriction. The revised quotas are directly 
related to the revised management boundary and associated changes to 
the zone system for the Gulf and the Atlantic migratory groups of king 
mackerel. Implementation of the revised management zones is tied to 
other management actions within this final rule and Amendment 26, such 
as commercial trip limits, which impose a restriction and would not 
qualify for a waiver under the APA. Because the revised quotas directly 
relate to the revised management boundary and the associated changes to 
the zone system for Gulf and Atlantic migratory groups of king 
mackerel, NMFS determined that it would be impractible to waive the 
cooling off period for this final rule, as requested by the Councils. 
The measures in this final rule will be effective 30 days after 
publication in the Federal Register.
    Comment 2: The proposed action to establish a year-round management 
boundary at the Miami-Dade/Monroe county line will negatively impact 
the Florida Keys hook-and-line king mackerel fishermen that depend on 
the season opening under the Atlantic migratory group commercial quota 
on April 1. This April 1 season opening has historically been crucial 
to the financial viability of king mackerel fishing in the Florida 
Keys.
    Response: The year-round boundary at the Miami-Dade/Monroe county 
line established through this final rule will eliminate the seasonal 
boundary shift currently in place. Under this final rule, fishermen in 
Federal waters off of the Florida Keys will fish under the Gulf 
migratory group commercial quota for the entire fishing year. 
Currently, vessels fishing in Federal waters off of the Florida Keys 
fish under the commercial quota for Gulf migratory group king mackerel 
during November 1 through March 31 and under the commercial quota for 
the Atlantic migratory group during April 1 through March 31. The 
proposed change in the regulatory boundary line for the Gulf and 
Atlantic migratory groups of king mackerel will not change the trip 
limit for this area, but vessels will no longer have the opportunity to 
continue fishing for king mackerel in Federal waters off the Florida 
Keys once the Gulf migratory group king mackerel quota for hook-and-
line vessels in the Gulf southern zone has been reached.
    The boundary change may result in adverse impacts on hook-and-line 
vessels in Federal waters off the Florida Keys. However, those adverse 
impacts should be mitigated by the action to divide and allocate the 
commercial ACL from the Florida east coast subzone to the remaining 
Gulf commercial zone components, including increasing the Gulf southern 
zone hook-and-line vessels allocation from approximately 16 percent of 
the Gulf migratory group commercial ACL to 21 percent. NMFS concludes 
that any adverse impacts on Florida Keys fishermen will likely not be 
significant, although the effects will vary across all affected 
vessels.
    Comment 3: The proposed action to establish a year-round boundary 
at the Miami-Dade/Monroe county line for the Gulf and Atlantic 
migratory groups of king mackerel does not include discussion of how 
climate change may impact this mixing zone. As the habitat conditions 
change, the boundary may not be as effective as envisioned. The 
location of this boundary should be re-evaluated every 3 years to see 
if changes in the ecosystem warrant modification.
    Response: During the 2014 stock assessment (SEDAR 38), the impact 
of climate change on the distribution of king mackerel was considered 
as part of the determination of the mixing zone boundaries. New 
assessments are conducted for a stock approximately every 5 years, and 
any new information about the extent of the mixing zone will be 
evaluated at that time.
    Comment 4: It is confusing to set catch limits in pounds of fish in 
one area and in numbers of fish in another area.
    Response: The catch limits for the Gulf and Atlantic migratory 
group king mackerel fisheries are established by the respective 
Councils and their SSCs. Each Council determines how it wants to 
express catch limits, whether in pounds or by numbers of fish, after 
receiving input from fishermen. Most commercial trip limits are 
expressed in pounds of fish, but the South Atlantic Council's Cobia 
Mackerel Advisory Panel recommended that the trip limit for the 
Atlantic southern zone be described in numbers of fish. The Councils 
preferred to have this trip limit set in numbers of fish, rather than 
pounds of fish, because they believed that it would help with 
compliance and enforcement. Numbers of fish will be converted to 
landings in pounds of fish by multiplying by the average weight of the 
fish to track landings against the Atlantic southern zone commercial 
ACL, which is expressed in pounds of fish. In determining this 
conversion factor, NMFS uses data from commercial trip intercepts where 
the length and weight of the fish harvested on a trip are recorded. As 
described in Amendment 26, the most recent available data indicated 
that average king mackerel weight was 8.48 lb (3.85 kg), round weight.
    Comment 5: The Atlantic migratory group commercial trip limit south 
of the Flagler/Volusia, FL, county line from March 1 through March 31, 
should be 75 fish rather than 50 fish as proposed in the Amendment 26. 
The commercial trip limit should remain at 75 fish for the months of 
March through September, because there is no scientific justification 
to reduce this to 50 fish.
    Response: In Amendment 26, the Councils considered a range of 
alternative commercial trip limits, including an alternative which 
would have established a trip limit of 75 fish year-round for this 
area. However, the Councils selected a preferred alternative which will 
implement a 50-fish trip limit in the Atlantic southern zone from March 
1 through March 31, and then increase the trip limit to 75 fish from 
April 1 through the the end of September. This alternative also 
includes a preferred option, which will impose the reduced trip limit 
of 50 fish from April through September if 75 percent of the applicable 
commercial quota is met at any time during the March through September 
fishing season. The Councils selected the 50-fish commercial trip limit 
during March due to their concern that a large proportion of the 
commercial quota during the March through September fishing season 
could be landed in the first month (March), resulting in an earlier 
closure for that season. The 50-fish commercial trip limit is intended 
to constrain harvest during March, when the fishery may be particularly

[[Page 17391]]

productive, to help ensure that commercial quota is available for a 
longer period during the March through September fishing season. In 
Amendment 26, the Councils explained that these commercial trip limits, 
in conjuction with the other recommended management measures, are 
intended to provide the longest continued access to king mackerel by 
commercial fishermen within the split season structure. Amendment 26 is 
based on the best available scientific information.
    Comment 6: Allowing federally permitted shark fishermen a bycatch 
limit of 2 or 3 king mackerel that may be sold will provide shark 
fishermen an unfair economic advantage over other persons, especially 
fishermen that target snapper-grouper, wahoo, and Spanish mackerel.
    Response: The bycatch allowance being implemented for shark 
fishermen applies to Atlantic migratory group king mackerel 
incidentally caught by fishermen engaged in directed shark fishing with 
gillnets. The bycatch allowance may be retained and sold only if the 
fishermen have both valid Federal shark and king mackerel permits. 
Except in the area north of Cape Lookout Light, NC, gillnets are not an 
allowable gear for harvesting Atlantic migratory group king mackerel. 
The bycatch allowance will allow shark fishermen to generate revenues 
from their incidental take of king mackerel that would otherwise be 
discarded. Fishermen engaged in directed fishing for snapper-grouper, 
wahoo, or Spanish mackerel generally use gear types other than 
gillnets, so their directed or incidental catches of king mackerel 
(subject to applicable quota and trip limit) may be sold so long as 
they possess a valid Federal king mackerel permit.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
that this final rule is consistent with Amendment 26, 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 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 issues raised by public comments, 
NMFS's responses to those comments, and a summary of the analyses 
completed to support the action. The FRFA follows.
    The preamble to the final rule provides the statement of the need 
for and objectives of this final rule. The Magnuson-Stevens Act 
provides the statutory basis for this final rule.
    No duplicative, overlapping, or conflicting Federal rules have been 
identified. In addition, no new reporting or record-keeping 
requirements are introduced by this final rule.
    No comments specific to the IRFA were received from the public or 
from the Chief Counsel for the Advocacy of the Small Business 
Administration; therefore, no public comments are addressed in this 
FRFA. However, there are comments that have economic implications, and 
they are addressed in the Comments and Responses section.
    No changes to the proposed rule were made in response to public 
comments. NMFS agrees that the Councils' choice of preferred 
alternatives will best achieve the Councils' objectives for Amendment 
26 while minimizing, to the extent practicable, the adverse effects on 
fishermen, support industries, and associated communities.
    NMFS expects this final rule to directly affect federally permitted 
commercial fishermen fishing for king mackerel in the Gulf and 
Atlantic. Recreational anglers fishing for king mackerel will also be 
directly affected by this final rule, but they are not considered 
business entities under the RFA, so they are outside the scope of this 
analysis. Charterboat and headboat operations are business entities but 
they are only indirectly affected by this final rule. For RFA purposes 
only, NMFS has established a small business size standard for 
businesses, including their affiliates, whose primary industry is 
commercial fishing (see 50 CFR 200.2). A business primarily engaged in 
commercial fishing (NAICS code 11411) is classified as 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 $11 million for all its affiliated operations 
worldwide.
    From the 2000-2001 through 2013-2014 fishing years (the most recent 
available trip level data at the time that the Councils took final 
action on Amendment 26), an average of 274 vessels landed Gulf 
migratory group king mackerel. These vessels generated dockside 
revenues (2014 dollars) of $3,987,671 from king mackerel, $1,935,219 
from other species jointly landed with king mackerel, and $12,395,741 
from all other species in trips where king mackerel was not caught. The 
average annual revenue per vessel from all species landed by these 
vessels, including king mackerel, was $66,952. During the same time 
period, an average of 736 vessels landed Atlantic migratory group king 
mackerel. These vessels generated dockside revenues (2014 dollars) of 
$5,842,731 from king mackerel, $1,888,830 from other species jointly 
landed with king mackerel, and $12,670,841 from all other species in 
trips where king mackerel was not caught. The average revenue per 
vessel from all species landed by these vessels, including king 
mackerel, was $27,817. Vessels that caught and landed king mackerel may 
also operate in other fisheries, such as the shellfish fisheries, the 
revenues of which are not known and are not reflected in these totals. 
Based on revenue information, all commercial vessels affected by the 
final rule may be assumed to be small entities.
    Because all entities expected to be directly affected by this final 
rule are assumed to be small entities, NMFS has determined that this 
final rule will affect a substantial number of small entities. The 
issue of disproportionate effects on small versus large entities does 
not arise in the present case because all directly affected entities 
are small entities.
    The actions in Amendment 26 and this final rule and their effects 
on small entities are summarized below.
    Action 1 in Amendment 26 will establish a single year-round 
boundary for separating the Gulf and Atlantic migratory groups of king 
mackerel extending east from the Miami-Dade/Monroe county line, with 
the Gulf Council being responsible for management measures for the 
mixing zone, defined as the area of the EEZ off of the Florida Keys. 
This will replace the current mixing zone boundary that varies 
seasonally, and thus will simplify management, minimize confusion among 
the public, and likely improve law enforcement, because the new 
boundary designation will also coincide with the boundary designation 
currently in place for the Gulf and Atlantic migratory groups of 
Spanish mackerel. This change will provide a more favorable environment 
for commercial vessels to increase revenues and profits. However, the 
extent of any revenue increases cannot be estimated at this time. The 
current Florida east coast subzone will no longer exist under this 
final rule.
    Action 2-1 in Amendment 26 will revise the ABC levels for Atlantic 
migratory group king mackerel for fishing years 2016-2017 through 2019-
2020, based on the ABC levels recommended by the SSC under a high 
recruitment scenario. This will

[[Page 17392]]

substantially increase the Atlantic migratory group ABC, thus enabling 
the Council to increase the ACL, and providing a favorable environment 
for increases in potential harvest of Atlantic migratory group king 
mackerel that could result in higher revenues and profits to 
participating commercial vessels.
    Action 2-2 in Amendment 26 will revise Atlantic migratory group 
king mackerel ACLs, commercial quotas, and recreational ACT, based on 
the ABC levels selected in Action 2-1. Action 2-2 will set the ACL 
equal to OY and equal to ABC. Given the increase in ABC, equating ACL 
and OY to ABC will directly result in increasing the allowable 
commercial harvest of Atlantic migratory group king mackerel, as well 
as the associated potential revenues. Relative to the current 
commercial ACL, the increased commercial ACL will provide the 
opportunity for total revenues to increase by an estimated $4.7 million 
for the 2016-2017 fishing year, $3.6 million for the 2017-2018 fishing 
year, $2.4 million for the 2018-2019 fishing year, and $1.5 million for 
the 2019-2020 fishing year and subsequent fishing years. Action 2-2 
will also revise the Atlantic migratory group northern and southern 
zone commercial quotas, based on the ACL selected by the Councils. 
Whether the full revenue potential for each zone will be realized 
largely depends on whether the full quotas will be harvested. Using the 
highest past landings (2009-2010 landings) as the expected future 
landings, neither zone will be expected to fully take its respective 
commercial quota. The revised northern and southern zone commercial 
quotas may allow for the possibility for further revenue increases in 
the future through increased harvest; however, this statement does not 
account for the effects from Action 4, which will split the commercial 
season into two fishing seasons each year in the Atlantic southern 
zone.
    Action 3 in Amendment 26 will allow for the limited retention and 
sale of Atlantic migratory group king mackerel caught with gillnet as 
incidental catch in the gillnet portion of the directed commercial 
shark fishery, for any vessel with both a valid Federal shark directed 
commercial permit and valid Federal king mackerel commercial permit. 
Any incidentally caught king mackerel may only be sold to a dealer with 
the Gulf and South Atlantic Federal dealer permit. For this type of 
incidental catch, no more than 2 king mackerel per crew member per trip 
in the southern zone may be retained and sold, and no more than 3 king 
mackerel per crew member per trip in the northern zone (except trips 
north of Cape Lookout Light, NC, that use an authorized gillnet for 
Atlantic migratory group king mackerel) may be retained and sold. This 
change will allow affected vessels to generate some revenue from 
incidentally caught king mackerel instead of discarding them. Only 3 to 
5 shark gillnet vessels and 21 to 33 total vessel trips have reported 
incidental catches of Atlantic migratory group king mackerel, so any 
potential adverse impact on vessels that target king mackerel when 
incidental catches are counted against the Atlantic migratory group 
commercial ACL will be negligible.
    Action 4 in Amendment 26 will allocate the commercial quota for 
Atlantic migratory group king mackerel's southern zone into two split 
seasons: 60 percent of the commercial quota will be allocated to the 
first season of March 1 through September 30, and 40 percent will be 
allocated to the second season of October 1 through the end of 
February. Any remaining unused quota from the first season will 
transfer to second season. Any remaining quota from the second season 
will not be carried forward to the next fishing year. When the 
commercial quota for either season is met or expected to be met, 
commercial harvest of king mackerel in the Atlantic southern zone will 
be prohibited for the remainder of the respective season. In general, 
the revenue effects of splitting the fishing year into seasons as 
compared to not splitting the fishing year into seasons are unclear. 
For example, if all of the commercial quota were harvested early in the 
fishing season when maintaining only one season, the split-season 
alternative will comparatively be expected to allow commercial vessels 
to fish over a longer period of time, because even if the first season 
quota was reached, 40 percent of the commercial quota will be available 
for harvest during the second season. Harvest will occur over a longer 
period of time (i.e., during both the first and second seasons), 
resulting in a more stable supply of fish. Because a more stable supply 
is generally associated with higher dockside prices, overall revenues 
will likely be higher. Conversely, because only 60 percent of the 
commercial quota is allocated to the first season, the implementation 
of split seasons may restrict harvest and revenues in the first season 
that may not be fully recouped in the second season. This could happen 
if revenues from the relatively higher pricing conditions in the first 
season, which coincides with the Lenten season, were restricted due to 
an early season closure. Landings may be higher in the second season, 
but, if prices were low, the higher landings in the second season may 
not result in revenue levels that will fully recoup the forgone 
revenues in the first season. However, given current available 
information on landings, and the commercial quota increase, no quota 
closures will be expected for either the first or second season, even 
if harvest levels reach the highest past recorded landings (2009-2010 
landings). Thus, this action will not be expected to adversely affect 
the revenues and profits of commercial vessels.
    Action 5 in Amendment 26 will establish a commercial trip limit 
system for the Atlantic southern zone. For both the first and second 
commercial seasons, the commercial trip limit north of the Flagler/
Volusia county line will remain 3,500 lb (1,587 kg). South of the 
Flagler/Volusia county line, the trip limit for the first season will 
be 50 fish for the month of March, and 75 fish for the remainder of the 
first season, but if 75 percent of the commercial quota for first 
season has been be landed, the trip limit will be 50 fish. For the 
second season, the commercial trip limit will be 50 fish, and, if less 
than 70 percent of the season's quota has been landed, the trip limit 
will be 75 fish during the month of February. Because the 3,500 lb 
(1,587 kg) trip limit north of the Flagler/Volusia county line is the 
same as the current trip limit, vessels fishing in this area will be 
unaffected by this action. Given that no commercial quota closures will 
be expected for the first or second season, as discussed in Action 4, 
the imposition of a commercial trip limit south of the Flagler/Volusia 
county line will tend to reduce both per trip revenues and profits of 
commercial vessels. However, the magnitude of annual revenue reductions 
will be relatively small, as vessels may be able to take more trips due 
to a longer season under the commercial quota increases.
    Action 6 will set the Gulf migratory group king mackerel ACL equal 
to the ABC recommended by the Gulf Council's SSC for the 2016-2017 
through 2019-2020 fishing years. The ABC recommended by the SSC is less 
than the existing ABC, but the lower number is largely a product of the 
boundary change, based on new information in SEDAR 38 that the range of 
Gulf migratory group king mackerel spans a smaller area than previously 
thought. When the existing commercial ACLs for the Gulf migratory group 
are adjusted to account for landings in the Florida east coast subzone 
that will no longer be considered part of Gulf migratory group king 
mackerel, the new

[[Page 17393]]

commercial ACLs starting in the 2016-2017 fishing year through this 
final rule will actually be greater than the existing ones. For this 
reason, setting the Gulf migratory group ACL equal to the ABC will be 
expected to provide higher landings and revenues to commercial vessels. 
Historically, the commercial sector has fully harvested its allocation 
of Gulf migratory group king mackerel. Thus, using past landings as a 
predictor of future landings, it is likely that the commercial sector 
will harvest up to the level of the quota increases for the Gulf 
migratory group and generate higher revenues from quota increases. 
Estimated total revenue increases will be approximately $1,068,000 for 
the 2016-2017 fishing year, $871,000 for the 2017-2018 fishing year, 
$781,000 for the 2018-2019 fishing year, and $692,000 for the 2019-2020 
fishing year and every fishing year thereafter.
    Action 7 in Amendment 26 will revise the commercial zone quotas for 
Gulf migratory group king mackerel as follows: 40 percent for the 
western zone; 18 percent for the northern zone; 21 percent for the 
southern zone hook-and-line component; and 21 percent for the southern 
zone gillnet component. This revised zone allocation is necessary 
because the previous Gulf migratory group king mackerel zone 
allocations included the Florida east coast subzone, which will no 
longer exist because of the boundary change under Action 1. The Florida 
east coast area will now be included in the southern zone for Atlantic 
migratory group king mackerel. Action 7 will result in commercial quota 
increases for all of the Gulf migratory group king mackerel zones, 
potentially resulting in higher revenues to commercial vessels. 
However, the quota increases will not be uniform across the zones, with 
the Gulf northern zone receiving the largest quota increases. For the 
Gulf western zone, total revenue increases will be approximately 
$194,000 for the 2016-2017 fishing year, $115,000 for the 2017-2018 
fishing year, $79,000 for the 2018-2019 fishing year, and $44,000 for 
the 2019-2020 fishing year and subsequent fishing years. For the Gulf 
northern zone, revenue increases will be approximately $630,000 for the 
2016-2017 fishing year, $595,000 for the 2017-2018 fishing year, 
$579,000 for the 2018-2019 fishing year, and $563,000 for the 2019-2020 
fishing year and subsequent fishing years. For the hook-and-line 
component of the southern zone, revenue increases will be approximately 
$121,000 for the 2016-2017 fishing year, $80,000 for the 2017-2018 
fishing year, $61,000 for the 2018-2019 fishing year, and $42,000 for 
the 2019-2020 fishing year and subsequent fishing years. Revenue 
increases for the gillnet component of the southern zone will be 
identical to those of the hook-and-line component. While vessels in all 
zones may be expected to generate higher overall revenues, the 
distribution of such revenue increases will not be uniform across all 
vessels. Because hook-and-line vessels in the Florida Keys will no 
longer have access to the Atlantic migratory group king mackerel in 
waters off the Florida Keys, revenue increases for these vessels may be 
limited. If the hook-and-line quota in the southern zone is reached and 
harvest is closed before the normal end of the fishing season on March 
31, Florida Keys hook-and-line vessels will no longer be able to 
continue generating revenues from the harvest of Gulf or Atlantic 
migratory group king mackerel in waters off the Florida Keys. To 
continue fishing for king mackerel, vessels will have to move to areas 
that remain open to fishing for Gulf or Atlantic migratory group of 
king mackerel and such a move could create a potential increase in 
fishing costs.
    Action 8 in Amendment 26 considered revising the commercial and 
recreational allocations for the Gulf migratory group king mackerel; 
however, the Councils selected the no action alternative and therefore, 
these allocations have not changed through this final rule.
    Action 9 in Amendment 26 will modify the recreational bag limit for 
Gulf migratory group king mackerel from two to three fish per person 
per day. This will not directly affect any business entities under the 
RFA.
    The following discussion describes the alternatives that were not 
selected as preferred by the Council. Among the actions considered, 
only actions that would have direct adverse economic effects on small 
entities merit inclusion.
    Only Action 5 (commercial trip limits for the Atlantic migratory 
group's southern zone) may result in adverse economic impacts on small 
commercial business entities. Four alternatives and five sub-
alternatives, including the two preferred alternatives and two 
preferred sub-alternatives, were considered for establishing commercial 
trip limits in the Atlantic southern zone. All of the considered 
alternatives would maintain the current trip limit for Atlantic 
migratory group king mackerel in areas north of the Volusia/Flagler 
county line. The first alternative, the no action alternative, would 
retain the current trip limit system. Because of the boundary change in 
Action 1, maintaining the current trip limit system would leave certain 
areas in the Florida east coast that used to be under the Gulf Council 
jurisdiction without trip limits during the winter months. This would 
open opportunities for higher harvests that could result in a shorter 
king mackerel season in the Atlantic southern zone. Vessels fishing in 
the area with no trip limits would benefit, but any benefit would be at 
the expense of vessels fishing in areas with trip limits, as allowing 
unrestricted harvest would likely lead to earlier quota closures. The 
overall net effects on vessel revenues cannot be determined, but if a 
commercial quota closure occurs due to increased, unrestricted harvest, 
overall annual vessel revenues may decrease.
    The second alternative would establish a year-round trip limit of 
75 fish for Atlantic migratory group king mackerel in the area south of 
the Flagler/Volusia county line. This alternative would provide for a 
greater trip limit than the preferred alternative for certain months of 
the year, and thus may be expected to result in slightly higher 
landings and revenues than the preferred alternative. However, this 
alternative may lead to shorter commercial seasons, as it does not 
include a mechanism to slow down harvests to avoid exceeding the area's 
quota for the first or second seasons in the Atlantic southern zone.
    The third alternative, which would apply only to the first season, 
would establish a trip limit of 50 fish from March 1-March 31, and 75 
fish for the remainder of the season 1, for the area south of the 
Flagler/Volusia county line. This alternative has two options, one of 
which is the preferred option. The non-preferred option would reduce 
the trip limit for the first season if 75 percent of the first season 
has been landed, but to occur no earlier than August 1 each fishing 
year. The preferred option would reduce the trip limit anytime during 
the first season when 75 percent of the first season's quota has been 
landed. The non-preferred option would in principle allow for a higher 
trip limit over a longer period in the first season and would be 
expected to result in higher per trip revenues and profits than the 
preferred option. However, analysis of the landings data shows that 
both options would have the same effects, because the 75 percent 
trigger is expected to be met at the same date under both options, 
which would occur after August 1.
    The fourth alternative would establish a 50 fish trip limit for the 
second season. This alternative has three options, one of which is the 
preferred option. The preferred option would increase the trip limit to 
75 fish during the month of February, but if 70 percent

[[Page 17394]]

of the second season's commercial quota had been landed, the trip limit 
would remain 50 fish. The second option would increase the trip limit 
to 75 fish during January and February as long as less than 70 percent 
of the second season's quota had been landed. In principle, this second 
option would be expected to increase vessel revenues per trip in 
January as compared to the preferred option, but the second option 
would also increase the likelihood of an earlier closure in the second 
season. The third option is similar to the preferred option, except 
that the trigger for increasing the trip limit would be landings less 
than 80 percent, instead of less than 70 percent, of the second 
season's quota. In theory, this option has a greater likelihood than 
the preferred option for increasing the commercial trip limit in 
February, but it would also increase the likelihood of an early closure 
in the second season. However, because the greatest historical landings 
have been well below the proposed second season quota, all three 
options would be expected to have the same effects on vessel revenues.
    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

    Annual catch limits, Fisheries, Fishing, Gulf of Mexico, King 
mackerel, South Atlantic.

    Dated: April 6, 2017.
Alan D. Risenhoover,
Acting 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.  622.7, revise paragraph (b)(1) to read as follows:


Sec.  622.7  Fishing years.

* * * * *
    (b) * * *
    (1) Gulf migratory group king mackerel--(i) Southern zone--July 1 
through June 30.
    (ii) Northern zone--October 1 through September 30.
    (iii) Western zone--July 1 through June 30.
* * * * *

Subpart Q--Coastal Migratory Pelagic Resources (Gulf of Mexico, 
South Atlantic, and Mid-Atlantic)

0
 3. Revise the heading of subpart Q to read as set forth above.

0
4. Revise Sec.  622.369 to read as follows:


Sec.  622.369  Description of zones.

    (a) Migratory groups of king mackerel. In the EEZ, king mackerel 
are divided into the Gulf migratory group and the Atlantic migratory 
group. The Gulf migratory group is bound by a line extending east of 
the U.S./Mexico border and a line extending east of the Miami-Dade/
Monroe County, FL, boundary. The Atlantic migratory group is bound by a 
line extending east of the Miami-Dade/Monroe County, FL, boundary and a 
line from the intersection point of Connecticut, Rhode Island, and New 
York (as described in Sec.  600.105(a) of this chapter). The zone 
boundaries remain in place year round. See Table 1 of this section for 
the boundary coordinates. See Figure 1 in Appendix G of this part for 
illustration.
    (1) Gulf migratory group. The Gulf migratory group is divided into 
western, northern, and southern zones. See Table 1 of this section for 
the boundary coordinates. See Figure 1 in Appendix G of this part for 
illustration.
    (i) Western zone. The western zone encompasses an area of the EEZ 
north of a line extending east of the US/Mexico border, and west of a 
line extending due south of the Alabama/Florida border, including the 
EEZ off Texas, Louisiana, Mississippi, and Alabama.
    (ii) Northern zone. The northern zone encompasses an area of the 
EEZ east of a line extending due south of the Florida/Alabama border, 
and north of a line extending due west of the Lee/Collier County, FL, 
boundary.
    (iii) Southern zone. The southern zone encompasses an area of the 
EEZ south of a line extending due west of the Lee/Collier County, FL, 
boundary on the FL west coast, and south of a line extending due east 
of the Monroe/Miami-Dade County, FL, boundary on the FL east coast, 
which includes the EEZ off Collier and Monroe Counties, FL.
    (2) Atlantic migratory group. The Atlantic migratory group is 
divided into the northern and southern zones separated by a line 
extending from the North Carolina/South Carolina border, as specified 
in Sec.  622.2. See Table 1 of this section for the boundary 
coordinates. See Figure 1 in Appendix G of this part for illustration. 
See Sec.  622.385(a)(1) for a description of the areas for Atlantic 
migratory group king mackerel commercial trip limits.
    (i) Northern zone. The northern zone encompasses an area of the EEZ 
south of a line extending from the intersection point of New York, 
Connecticut, and Rhode Island (as described in Sec.  600.105(a) of this 
chapter), and north of a line extending from the North Carolina/South 
Carolina border, as specified in Sec.  622.2, including the EEZ off 
each state from North Carolina to New York. This zone remains the same 
year round.
    (ii) Southern zone. The southern zone encompasses an area of the 
EEZ south of a line extending from the North Carolina/South Carolina 
border, as specified in Sec.  622.2, and north of a line extending due 
east of the Monroe/Miami-Dade County, FL, boundary.

      Table 1 to Sec.   622.369--King Mackerel Description of Zones
       [For illustration, see Figure 1 in Appendix G of this part]
------------------------------------------------------------------------
            Area                   Boundary 1            Boundary 2
------------------------------------------------------------------------
Gulf Migratory Group--        U.S./Mexico, A line   AL/FL, 87[deg]31'6''
 Western Zone.                 east of the           W. long.
                               intersection of
                               25[deg]58'30.57''
                               N. lat. and
                               96[deg]55'27.37''
                               W. long.
Gulf Migratory Group--        AL/FL, 87[deg]31'6''  Lee/Collier,
 Northern Zone.                W. long.              26[deg]19'48'' N.
                                                     lat.
Gulf Migratory Group--        Lee/Collier,          Monroe/Miami-Dade,
 Southern Zone.                26[deg]19'48'' N.     25[deg]20'24'' N.
                               lat.                  lat.

[[Page 17395]]

 
Atlantic Migratory Group--    NY/CT/RI,             NC/SC, a line
 Northern Zone.                41[deg]18'16.249''    extending in a
                               N. lat. and           direction of
                               71[deg]54'28.477''    135[deg]34'55''
                               W. long. southeast    from true north
                               to                    beginning at
                               37[deg]22'32.75''     33[deg]51'07.9'' N.
                               N. lat. and the       lat. and
                               intersection point    78[deg]32'32.6'' W.
                               with the outward      long. to the
                               boundary of the EEZ.  intersection point
                                                     with the outward
                                                     boundary of the
                                                     EEZ.
Atlantic Migratory Group--    NC/SC, a line         Monroe/Miami-Dade,
 Southern Zone.                extending in a        25[deg]20'24'' N.
                               direction of          lat.
                               135[deg]34'55''
                               from true north
                               beginning at
                               33[deg]51'07.9'' N.
                               lat. and
                               78[deg]32'32.6'' W.
                               long. to the
                               intersection point
                               with the outward
                               boundary of the EEZ.
------------------------------------------------------------------------

    (b) Migratory groups of Spanish mackerel--(1) Gulf migratory group. 
In the EEZ, the Gulf migratory group is bounded by a line extending 
east of the U.S./Mexico border and a line extending due east of the 
Monroe/Miami-Dade County, FL, boundary. See Table 2 of this section for 
the boundary coordinates. See Figure 2 in Appendix G of this part for 
illustration.
    (2) Atlantic migratory group. In the EEZ, the Atlantic migratory 
group is bounded by a line extending due east of the Monroe/Miami-Dade 
County, FL, boundary and a line extending from the intersection point 
of New York, Connecticut, and Rhode Island (as described in Sec.  
600.105(a) of this chapter). The Atlantic migratory group is divided 
into the northern and southern zones. See Table 2 of this section for 
the boundary coordinates. See Figure 2 in Appendix G of this part for 
illustration. See Sec.  622.385(b)(1) for a description of the areas 
for Atlantic migratory group Spanish mackerel commercial trip limits.
    (i) Northern zone. The northern zone encompasses an area of the EEZ 
south of a line extending from the intersection point of New York, 
Connecticut, and Rhode Island (as described in Sec.  600.105(a) of this 
chapter), and north of a line extending from the North Carolina/South 
Carolina border, as specified in Sec.  622.2, including the EEZ off 
each state from North Carolina to New York.
    (ii) Southern zone. The southern zone encompasses an area of the 
EEZ south of a line extending from the North Carolina/South Carolina 
border, as specified in Sec.  622.2, and north of a line extending due 
east of the Monroe/Miami-Dade County, FL, boundary, including the EEZ 
off South Carolina, Georgia, and Florida.

    Table 2 to Sec.   622.369--Spanish Mackerel Description of Zones
       [For illustration, see Figure 2 in Appendix G of this part]
------------------------------------------------------------------------
            Area                   Boundary 1            Boundary 2
------------------------------------------------------------------------
Gulf Migratory Group........  US/Mexico, A line     Monroe/Miami-Dade,
                               east of the           25[deg]20'24'' N.
                               intersection of       lat.
                               25[deg]58'30.57''
                               N. lat. and
                               96[deg]55'27.37''
                               W. long.
Atlantic Migratory Group--    NY/CT/RI,             NC/SC, a line
 Northern Zone.                41[deg]18'16.249''    extending in a
                               N. lat. and           direction of
                               71[deg]54'28.477''    135[deg]34'55''
                               W. long. southeast    from true north
                               to                    beginning at
                               37[deg]22'32.75''     33[deg]51'07.9'' N.
                               N. lat. and the       lat. and
                               intersection point    78[deg]32'32.6'' W.
                               with the outward      long. to the
                               boundary of the EEZ.  intersection point
                                                     with the outward
                                                     boundary of the
                                                     EEZ.
Atlantic Migratory Group--    NC/SC, a line         Monroe/Miami-Dade,
 Southern Zone.                extending in a        25[deg]20'24'' N.
                               direction of          lat.
                               135[deg]34'55''
                               from true north
                               beginning at
                               33[deg]51'07.9'' N.
                               lat. and
                               78[deg]32'32.6'' W.
                               long. to the
                               intersection point
                               with the outward
                               boundary of the EEZ.
------------------------------------------------------------------------

    (c) Migratory groups of cobia--(1) Gulf migratory group. In the 
EEZ, the Gulf migratory group is bounded by a line extending east from 
the United States/Mexico border and a line extending due east from the 
Florida/Georgia border. See Table 3 of this section for the boundary 
coordinates. (See Figure 3 in Appendix G of this part for 
illustration.)
    (i) Gulf zone. The Gulf zone encompasses an area of the EEZ north 
of a line extending east of the United States/Mexico border, and north 
and west of the line of demarcation between the Atlantic Ocean and the 
Gulf of Mexico (the Council boundary, as described in Sec.  600.105(c) 
of this chapter).
    (ii) Florida east coast zone. The Florida east coast zone 
encompasses an area of the EEZ south and east of the line of 
demarcation between the Atlantic Ocean and the Gulf of Mexico (as 
described in Sec.  600.105(c) of this chapter), and south of a line 
extending due east from the Florida/Georgia border.
    (2) Atlantic migratory group. In the EEZ, the Atlantic migratory 
group is bounded by a line extending from the intersection point of New 
York, Connecticut, and Rhode Island (as described in Sec.  600.105(a) 
of this chapter) and a line extending due east of the Florida/Georgia 
border. See Table 3 of this section for the boundary coordinates. (See 
Figure 3 in Appendix G of this part for illustration.)

[[Page 17396]]



          Table 3 to Sec.   622.369--Cobia Description of Zones
       [For illustration, see Figure 3 in Appendix G of this part]
------------------------------------------------------------------------
            Area                   Boundary 1            Boundary 2
------------------------------------------------------------------------
Gulf Migratory Group--Gulf    US/Mexico, A line     Council Boundary--
 Zone.                         east of the           the intersection of
                               intersection of       the outer boundary
                               25[deg]58'30.57''     of the EEZ and
                               N. lat. and           83[deg]00' W.
                               96[deg]55'27.37''     long., north to
                               W. long.              24[deg]35' N. lat.,
                                                     (near the Dry
                                                     Tortugas Islands),
                                                     then east to the
                                                     mainland.
Gulf Migratory Group--        Council Boundary--    FL/GA,
 Florida East Coast Zone.      the intersection of   30[deg]42'45.6'' N.
                               the outer boundary    lat.
                               of the EEZ and
                               83[deg]00' W.
                               long., north to
                               24[deg]35' N. lat.,
                               (near the Dry
                               Tortugas Islands),
                               then east to the
                               mainland.
Atlantic Migratory Group....  NY/CT/RI,             FL/GA,
                               41[deg]18'16.249''    30[deg]42'45.6'' N.
                               N. lat. and           lat.
                               71[deg]54'28.477''
                               W. long. southeast
                               to
                               37[deg]22'32.75''
                               N. lat. and the
                               intersection point
                               with the outward
                               boundary of the EEZ.
------------------------------------------------------------------------


0
 5. In Sec.  622.370, revise paragraphs (a)(2), (b)(1) introductory 
text, and (c)(1) to read as follows:


Sec.  622.370  Permits.

* * * * *
    (a) * * *
    (2) Gillnets for king mackerel in the Gulf southern zone. For a 
person aboard a vessel to use a run-around gillnet for king mackerel in 
the southern zone (see Sec.  622.369(a)(1)(iii)), a commercial vessel 
permit for king mackerel and a king mackerel gillnet permit must have 
been issued to the vessel and must be on board. See Sec.  622.372 
regarding a limited access system applicable to king mackerel gillnet 
permits in the southern zone and restrictions on transferability of 
king mackerel gillnet permits.
* * * * *
    (b) * * *
    (1) For a person aboard a vessel that is operating as a charter 
vessel or headboat to fish for or possess, in or from the EEZ, Gulf 
coastal migratory pelagic fish or Atlantic coastal migratory pelagic 
fish, a valid charter vessel/headboat permit for Gulf coastal migratory 
pelagic fish or Atlantic coastal migratory pelagic fish, respectively, 
must have been issued to the vessel and must be on board.
* * * * *
    (c) * * *
    (1) Permits. For a dealer to first receive Gulf or Atlantic coastal 
migratory pelagic fish harvested in or from the EEZ, a Gulf and South 
Atlantic dealer permit must be issued to the dealer.
* * * * *

0
 6. In Sec.  622.372, revise the section heading to read as follows:


Sec.  622.372  Limited access system for king mackerel gillnet permits 
applicable in the Gulf southern zone.

* * * * *

0
7. In Sec.  622.374, revise paragraphs (b)(1)(i) and (ii) and (c)(1) to 
read as follows:


Sec.  622.374  Recordkeeping and reporting.

* * * * *
    (b) * * *
    (1) * * *
    (i) Charter vessels. The owner or operator of a charter vessel for 
which a charter vessel/headboat permit for Gulf or Atlantic coastal 
migratory pelagic fish has been issued, as required under Sec.  
622.370(b)(1), or whose vessel fishes for or lands Gulf or Atlantic 
coastal migratory fish in or from state waters adjoining the Gulf, 
South Atlantic, or Mid-Atlantic EEZ, who is selected to report by the 
SRD must maintain a fishing record for each trip, or a portion of such 
trips as specified by the SRD, on forms provided by the SRD and must 
submit such record as specified in paragraph (b)(2)(i) of this section.
    (ii) Headboats. The owner or operator of a headboat for which a 
charter vessel/headboat permit for Gulf coastal migratory fish or 
Atlantic coastal migratory pelagic fish has been issued, as required 
under Sec.  622.370(b)(1), or whose vessel fishes for or lands Gulf or 
Atlantic coastal migratory pelagic fish in or from state waters 
adjoining the Gulf, South Atlantic, or Mid-Atlantic EEZ, who is 
selected to report by the SRD must submit an electronic fishing record 
for each trip of all fish harvested within the time period specified in 
paragraph (b)(2)(ii) of this section, via the Southeast Region Headboat 
Survey.
* * * * *
    (c) * * *
    (1) A dealer who first receives Gulf or Atlantic coastal migratory 
pelagic fish must maintain records and submit information as specified 
in Sec.  622.5(c).
* * * * *

0
8. In Sec.  622.375, revise paragraphs (a)(1)(ii) and (b)(4) to read as 
follows:


Sec.  622.375  Authorized and unauthorized gear.

    (a) * * *
    (1) * * *
    (ii) King mackerel, Gulf migratory group--hook-and-line gear and, 
in the southern zone only, run-around gillnet. (See Sec.  
622.369(a)(1)(iii) for a description of the southern zone.)
* * * * *
    (b) * * *
    (4) Exception for king mackerel in the Gulf EEZ. The provisions of 
this paragraph (b)(4) apply to king mackerel taken in the Gulf EEZ and 
to such king mackerel possessed in the Gulf. Paragraph (b)(3) of this 
section notwithstanding, a person aboard a vessel that has a valid 
commercial permit for king mackerel is not subject to the bag limit for 
king mackerel when the vessel has on board on a trip unauthorized gear 
other than a drift gillnet in the Gulf EEZ, a long gillnet, or a run-
around gillnet in an area other than the southern zone. Thus, the 
following applies to a vessel that has a commercial permit for king 
mackerel:
    (i) Such vessel may not use unauthorized gear in a directed fishery 
for king mackerel in the Gulf EEZ.
    (ii) If such a vessel has a drift gillnet or a long gillnet on 
board or a run-around gillnet in an area other than the southern zone, 
no king mackerel may be possessed.
    (iii) If such a vessel has unauthorized gear on board other than a 
drift gillnet in the Gulf EEZ, a long gillnet, or a run-around gillnet 
in an area other than the southern zone, the possession of king 
mackerel taken incidentally is restricted only by the closure 
provisions of Sec.  622.384(e) and the trip limits specified in Sec.  
622.385(a). See also Sec.  622.379 regarding the purse seine catch 
allowances of king mackerel.
* * * * *

0
 9. In Sec.  622.378, revise the section heading and paragraph (a) to 
read as follows:

[[Page 17397]]

Sec.  622.378  Seasonal closures of the Gulf migratory group king 
mackerel gillnet fishery.

    (a) Seasonal closures of the gillnet component for Gulf migratory 
group king mackerel. The gillnet component for Gulf migratory group 
king mackerel in or from the southern zone is closed each fishing year 
from July 1 until 6 a.m. on the day after the Martin Luther King Jr. 
Federal holiday. The gillnet component is open on the first weekend 
following the Martin Luther King Jr. holiday, provided a notification 
of closure has not been filed under Sec.  622.8(b). The gillnet 
component is closed all subsequent weekends and observed Federal 
holidays. Weekend closures are effective from 6 a.m. Saturday to 6 a.m. 
Monday. Holiday closures are effective from 6 a.m. on the observed 
Federal holiday to 6 a.m. the following day. All times are eastern 
standard time. During these closures, a person aboard a vessel using or 
possessing a gillnet with a stretched-mesh size of 4.75 inches (12.1 
cm) or larger in the southern zone may not fish for or possess Gulf 
migratory group king mackerel. (See Sec.  622.369(a)(1)(iii) for a 
description of the southern zone.)
* * * * *

0
10. Revise Sec.  622.379 to read as follows:


Sec.  622.379  Incidental catch allowances.

    (a) Purse seine incidental catch allowance. A vessel in the EEZ, or 
having fished in the EEZ, with a purse seine on board will not be 
considered as fishing, or having fished, for king or Spanish mackerel 
in violation of a prohibition of purse seines under Sec.  622.375(b), 
in violation of the possession limits under Sec.  622.375(b)(3), or, in 
the case of king mackerel from the Atlantic migratory group, in 
violation of a closure effected in accordance with Sec.  622.8(b), 
provided the king mackerel on board does not exceed 1 percent, or the 
Spanish mackerel on board does not exceed 10 percent, of all fish on 
board the vessel. Incidental catch will be calculated by number and/or 
weight of fish. Neither calculation may exceed the allowable 
percentage. Incidentally caught king or Spanish mackerel are counted 
toward the quotas provided for under Sec.  622.384 and are subject to 
the prohibition of sale under Sec.  622.384(e)(3).
    (b) Shark gillnet incidental catch allowance. A vessel in the 
Atlantic EEZ with a valid Federal Atlantic commercial shark directed 
permit and a valid Federal king mackerel commercial permit that is 
engaged in directed shark fishing with gillnets that are not an 
authorized gear for Atlantic migratory group king mackerel (See Sec.  
622.375(a)(1)(i)), may retain and sell a limited number of king 
mackerel. Any king mackerel retained must be sold to a dealer with a 
valid Federal Gulf and South Atlantic dealer permit.
    (1) Northern zone. No more than three king mackerel per crew member 
may be retained or sold per trip (See Sec.  622.385(a)(1)(i) for the 
commercial trip limit for directed king mackerel trips using authorized 
gillnets (in the Atlantic EEZ north of 34[deg]37.3' N. lat., the 
latitude of Cape Lookout, NC)).
    (2) Southern zone. No more than two king mackerel per crew member 
may be retained or sold per trip.

0
11. In Sec.  622.382, revise paragraph (a)(1)(ii) to read as follows:


Sec.  622.382  Bag and possession limits.

* * * * *
    (a) * * *
    (1) * * *
    (ii) Gulf migratory group king mackerel--3.
* * * * *

0
12. In Sec.  622.384, revise paragraphs (b) and (e) to read as follows:


Sec.  622.384  Quotas.

* * * * *
    (b) King mackerel--(1) Gulf migratory group. The Gulf migratory 
group is divided into zones. The description of the zones is specified 
in Sec.  622.369(a). Quotas for the western, northern, and southern 
zones are as follows:
    (i) Western zone. The quota is 1,180,000 lb (535,239 kg) for the 
2016-2017 fishing year, 1,136,000 lb (515,281 kg) for the 2017-2018 
fishing year, 1,116,000 lb (506,209 kg) for the 2018-2019 fishing year, 
and 1,096,000 lb (497,137 kg) for the 2019-2020 fishing year and 
subsequent fishing years.
    (ii) Northern zone. The quota is 531,000 lb (240,858 kg) for the 
2016-2017 fishing year, 511,200 lb (231,876 kg) for the 2017-2018 
fishing year, 502,200 lb (227,794 kg) for the 2018-2019 fishing year, 
and 493,200 lb (223,712 kg) for the 2019-2020 fishing year and 
subsequent fishing years.
    (iii) Southern zone. (A) The hook-and-line quota is 619,500 lb 
(281,000 kg) for the 2016-2017 fishing year, 596,400 lb (270,522 kg) 
for the 2017-2018 fishing year, 585,900 lb (265,760 kg) for the 2018-
2019 fishing year, and 575,400 lb (260,997 kg) for the 2019-2020 
fishing year and subsequent fishing years.
    (B) The run-around gillnet quota is 619,500 lb (281,000 kg) for the 
2016-2017 fishing year, 596,400 lb (270,522 kg) for the 2017-2018 
fishing year, 585,900 lb (265,760 kg) for the 2018-2019 fishing year, 
and 575,400 lb (260,997 kg) for the 2019-2020 fishing year and 
subsequent fishing years.
    (2) Atlantic migratory group. The Atlantic migratory group is 
divided into northern and southern zones. The descriptions of the zones 
are specified in Sec.  622.369(a). Quotas for the northern and southern 
zones for the 2016-2017 fishing year and subsequent years are as 
follows:
    (i) Northern zone. The quota is 1,497,600 lb (679,300 kg) for the 
2016-2017 fishing year, 1,359,360 lb (616,595 kg) for the 2017-2018 
fishing year, 1,198,080 lb (543,440 kg) for the 2018-2019 fishing year 
and 1,082,880 lb (491,186 kg) for the 2019-2020 fishing year and 
subsequent fishing years. No more than 0.40 million lb (0.18 million 
kg) may be harvested by purse seine gear.
    (ii) Southern zone. The annual quota is 5,002,400 lb (2,269,050 kg) 
for the 2016-2017 fishing year, 4,540,640 lb (2,059,600 kg) for the 
2017-2018 fishing year, 4,001,920 lb (1,815,240 kg) for the 2018-2019 
fishing year and 3,617,120 lb (1,640,698 kg) for the 2019-2020 fishing 
year and subsequent fishing years.
    (A) For the period March 1 through September 30, each year, the 
seasonal quota is 3,001,440 lb (1,361,430 kg) for the 2016-2017 fishing 
year, 2,724,384 lb (1,235,760 kg) for the 2017-2018 fishing year, 
2,401,152 lb (1,089,144 kg) for the 2018-2019 fishing year and 
2,170,272 lb (984,419 kg) for the 2019-2020 fishing year and subsequent 
fishing years.
    (B) For the period October 1 through the end of February each year, 
the seasonal quota is 2,000,960 lb (907,620 kg) for the 2016-2017 
fishing year, 1,816,256 lb (823,840 kg) for the 2017-2018 fishing year, 
1,600,768 lb (726,096 kg) for the 2018-2019 fishing year and 1,446,848 
lb (656,279 kg) for the 2019-2020 fishing year and subsequent fishing 
years.
    (C) Any unused portion of the quota specified in paragraph 
(b)(2)(ii)(A) of this section will be added to the quota specified in 
paragraph (b)(2)(ii)(B) of this section. Any unused portion of the 
quota specified in paragraph (b)(2)(ii)(B) of this section, including 
any addition of quota specified in paragraph (b)(2)(ii)(A) of this 
section that was unused, will become void at the end of the fishing 
year and will not be added to any subsequent quota.
    (iii) Quota transfers. North Carolina or Florida, in consultation 
with the other states in their respective zones, may request approval 
from the RA to transfer part or all of their respective zone's annual 
commercial quota to the other zone. Requests for transfer of commercial 
quota for king mackerel must be made by a letter signed by the

[[Page 17398]]

principal state official with marine fishery management responsibility 
and expertise of the state requesting the transfer, or his/her 
previously named designee. The letter must certify that all pertinent 
state requirements have been met and identify the states involved and 
the amount of quota to be transferred. For the purposes of quota 
closures as described in Sec.  622.8, the receiving zone's quota will 
be the original quota plus any transferred amount, for that fishing 
season only. Landings associated with any transferred quota will be 
included in the total landings for the Atlantic migratory group, which 
will be evaluated relative to the total ACL.
    (A) Within 10 working days following the receipt of the letter from 
the state requesting the transfer, the RA shall notify the appropriate 
state officials of the disposition of the request. In evaluating 
requests to transfer a quota, the RA shall consider whether:
    (1) The transfer would allow the overall annual quota to be fully 
harvested; and
    (2) The transfer is consistent with the objectives of the FMP and 
the Magnuson-Stevens Act.
    (B) The transfer of quota will be valid only for the fishing year 
for which the request was made and does not permanently alter the 
quotas specified in paragraphs (b)(2)(i) and (ii) of this section.
    (3) Transit provisions applicable in areas closed due to a quota 
closure for king mackerel. A vessel with a valid commercial vessel 
permit for king mackerel that has onboard king mackerel harvested in an 
open area of the EEZ may transit through areas closed to the harvest of 
king mackerel due to a quota closure, if fishing gear is appropriately 
stowed. For the purpose of paragraph (b) of this section, transit means 
direct and non-stop continuous course through the area. To be 
appropriately stowed fishing gear means--
    (i) A gillnet must be left on the drum. Any additional gillnets not 
attached to the drum must be stowed below deck.
    (ii) A rod and reel must be removed from the rod holder and stowed 
securely on or below deck. Terminal gear (i.e., hook, leader, sinker, 
flasher, or bait) must be disconnected and stowed separately from the 
rod and reel. Sinkers must be disconnected from the down rigger and 
stowed separately.
* * * * *
    (e) Restrictions applicable after a quota closure. (1) A person 
aboard a vessel for which a commercial permit for king or Spanish 
mackerel has been issued, as required under Sec.  622.370(a)(1) or (3), 
may not fish for king or Spanish mackerel in the EEZ or retain king or 
Spanish mackerel in or from the EEZ under a bag or possession limit 
specified in Sec.  622.382(a) for the closed species, migratory group, 
zone, or gear, except as provided for under paragraph (e)(2) of this 
section.
    (2) A person aboard a vessel for which valid charter vessel/
headboat permits for Gulf coastal migratory pelagic fish or Atlantic 
coastal migratory pelagic fish and a valid commercial vessel permit for 
king or Spanish mackerel have been issued may continue to retain fish 
under a bag and possession limit specified in Sec.  622.382(a), 
provided the vessel is operating as a charter vessel or headboat.
    (3) The sale or purchase of king mackerel, Spanish mackerel, or 
cobia of the closed species, migratory group, zone, or gear type, is 
prohibited, including any king or Spanish mackerel taken under the bag 
limits, or cobia taken under the limited-harvest species possession 
limit specified in Sec.  622.383(b). The prohibition on sale/purchase 
during a closure for coastal migratory pelagic fish does not apply to 
coastal migratory pelagic fish that were harvested, landed ashore, and 
sold prior to the effective date of the closure and were held in cold 
storage by a dealer or processor.

0
 13. In Sec.  622.385, revise paragraph (a) to read as follows:


Sec.  622.385  Commercial trip limits.

* * * * *
    (a) King mackerel--(1) Atlantic migratory group. The following trip 
limits apply to vessels for which commercial permits for king mackerel 
have been issued, as required under Sec.  622.370(a)(1):
    (i) North of 29[deg]25' N. lat., which is a line directly east from 
the Flagler/Volusia County, FL, boundary, king mackerel in or from the 
EEZ may not be possessed on board or landed from a vessel in a day in 
amounts exceeding 3,500 lb (1,588 kg).
    (ii) In the area between 29[deg]25' N. lat., which is a line 
directly east from the Flagler/Volusia County, FL, boundary, and 
29[deg]25' N. lat., which is a line directly east from the Miami-Dade/
Monroe County, FL, boundary king mackerel in or from the EEZ may not be 
possessed on board or landed from a vessel in a day in amounts not to 
exceed:
    (A) From March 1 through March 31--50 fish.
    (B) From April 1 through September 30--75 fish, unless NMFS 
determines that 75 percent or more of the quota specified in Sec.  
622.384(b)(2)(ii)(A) has been landed, then, 50 fish.
    (C) From October 1 through January 31--50 fish.
    (D) From February 1 through the end of February--50 fish, unless 
NMFS determines that less than 70 percent of the quota specified in 
Sec.  622.384(b)(2)(ii)(B) has been landed, then, 75 fish.
    (2) Gulf migratory group. Commercial trip limits are established in 
the southern, northern, and western zones as follows. (See Sec.  
622.369(a) for descriptions of the southern, northern, and western 
zones.)
    (i) Southern zone--(A) Gillnet gear. (1) 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.
    (2) King mackerel in or from the EEZ may be possessed on board or 
landed from a vessel that uses or has on board a run-around gillnet on 
a trip only when such vessel has on board a commercial vessel permit 
for king mackerel and a king mackerel gillnet permit.
    (3) King mackerel from the southern zone landed by a vessel for 
which a commercial vessel permit for king mackerel and a king mackerel 
gillnet permit have been issued will be counted against the run-around 
gillnet quota specified in Sec.  622.384(b)(1)(iii)(B).
    (4) King mackerel in or from the EEZ harvested with gear other than 
run-around gillnet may not be retained on board a vessel for which a 
commercial vessel permit for king mackerel and a king mackerel gillnet 
permit have been issued.
    (B) Hook-and-line gear. King mackerel in or from the EEZ may be 
possessed on board or landed from a vessel with a commercial permit for 
king mackerel, as required by Sec.  622.370(a)(1), and operating under 
the hook-and-line gear quotas in Sec.  622.384(b)(1)(iii)(A) in amounts 
not exceeding 1,250 lb (567 kg) per day.
    (ii) Northern zone. King mackerel in or from the EEZ may be 
possessed on board or landed from a vessel for which a commercial 
permit for king mackerel has been issued, as required under Sec.  
622.370(a)(1), in amounts not exceeding 1,250 lb (567 kg) per day.
    (iii) Western zone. King mackerel in or from the EEZ may be 
possessed on board or landed from a vessel for which a commercial 
permit for king mackerel has been issued, as required under

[[Page 17399]]

Sec.  622.370(a)(1), in amounts not exceeding 3,000 lb (1,361 kg) per 
day.
* * * * *

0
 14. In Sec.  622.388, revise paragraphs (a), (b), (d)(2)(i), and 
(f)(2)(i) to read as follows:


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

* * * * *
    (a) Gulf migratory group king mackerel--(1) Commercial sector. (i) 
If commercial landings, as estimated by the SRD, reach or are projected 
to reach the applicable quota specified in Sec.  622.384(b)(1), the AA 
will file a notification with the Office of the Federal Register to 
close the commercial sector for that zone, or gear type for the 
remainder of the fishing year.
    (ii) The commercial ACL for the Gulf migratory group of king 
mackerel is 2.95 million lb (1.34 million kg) for the 2016-2017 fishing 
year, 2.84 million lb (1.29 million kg) for the 2017-2018 fishing year, 
2.79 million lb (1.27 million kg) for the 2018-2019 fishing year, and 
2.74 million lb (1.24 million kg) for the 2019-2020 and subsequent 
fishing years. This ACL is further divided into a commercial ACL for 
vessels fishing with hook-and-line and a commercial ACL for vessels 
fishing with run-around gillnets. The hook-and-line ACL (which applies 
to the entire Gulf) is 2,330,500 lb (1,057,097 kg) for 2016-2017 
fishing year, 2,243,600 lb (1,017,680 kg) for the 2017-2018 fishing 
year, 2,204,100 lb (999,763 kg) for the 2018-2019 fishing year, and 
2,164,600 lb (981,846 kg) for the 2019-2020 and subsequent fishing 
years. The run-around gillnet ACL (which applies to the southern zone) 
is 619,500 lb (281,000 kg) for the 2016-2017 fishing year, 596,400 lb 
(270,522 kg) for the 2017-2018 fishing year, 585,900 lb (265,760 kg) 
for the 2018-2019 fishing year, and 575,400 lb (260,997 kg) for 2019-
2020 and subsequent fishing years.
    (iii) If commercial landings of Gulf migratory group king mackerel 
caught by run-around gillnet in the southern zone, 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 southern zone 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 6.26 
million lb (2.84 million kg) for the 2016-2017 fishing year, 6.04 
million lb (2.74 million kg) for the 2017-2018 fishing year, 5.92 
million lb (2.69 million kg) for the 2018-2019 fishing year, and 5.81 
million lb (2.64 million kg) for the 2019-2020 and subsequent fishing 
years, the AA will file a notification with the Office of the Federal 
Register to implement bag and possession limits for Gulf migratory 
group king mackerel of zero, unless the best scientific information 
available determines that a bag limit reduction is unnecessary.
    (3) For purposes of tracking the ACL, recreational landings will be 
monitored based on the commercial fishing year.
    (b) Atlantic migratory group king mackerel--(1) Commercial sector. 
(i) If commercial landings, as estimated by the SRD, reach or are 
projected to reach the applicable quota for the zone or season 
specified in Sec.  622.384(b)(2), the AA will file a notification with 
the Office of the Federal Register to close the commercial sector for 
that zone for the remainder of the applicable fishing season or fishing 
year.
    (ii) In addition to the measures specified in paragraph (b)(1)(i) 
of this section, if the sum of the commercial and recreational 
landings, as estimated by the SRD, exceeds the stock ACL, as specified 
in paragraph (b)(3) of this section, and Atlantic migratory group king 
mackerel are overfished, based on the most recent status of U.S. 
Fisheries Report to Congress, the AA will file a notification with the 
Office of the Federal Register, at or near the beginning of the 
following fishing year to reduce the commercial quota for that zone for 
that following year by the amount of any commercial sector overage in 
the prior fishing year for that zone.
    (iii) The commercial ACL for the Atlantic migratory group of king 
mackerel is 6.5 million lb (2.9 million kg) for the 2016-2017 fishing 
year, 5.9 million lb (2.7 million kg) for the 2017-2018 fishing year, 
5.2 million lb (2.4 million kg) for the 2018-2019 fishing year, and 4.7 
million lb (2.1 million kg) for the 2019-2020 fishing year and 
subsequent fishing years.
    (2) Recreational sector. (i) If the recreational landings exceed 
the recreational ACL as specified in this paragraph and the sum of the 
commercial and recreational landings, as estimated by the SRD, exceeds 
the stock ACL, as specified in paragraph (b)(3) of this section, the AA 
will file a notification with the Office of the Federal Register, at or 
near the beginning of the following fishing year to reduce the bag 
limit 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. The recreational ACT is 10.1 million lb 
(4.6 million kg) for the 2016-2017 fishing year, 9.2 million lb (4.2 
million kg) for the 2017-2018 fishing year, 8.3 million lb (3.8 million 
kg) for the 2018-2019 fishing year, and 7.4 million lb (3.4 million kg) 
for the 2019-2020 fishing year and subsequent fishing years. The 
recreational ACL is 10.9 million lb (4.9 million kg) for the 2016-2017 
fishing year, 9.9 million lb (4.5 million kg) for the 2017-2018 fishing 
year, 8.9 million lb (4.0 million kg) for the 2018-2019 fishing year, 
and 8.0 million lb (3.6 million kg) for the 2019-2020 fishing year and 
subsequent fishing years.
    (ii) In addition to the measures specified in paragraph (b)(2)(i) 
of this section, if the sum of the commercial and recreational 
landings, as estimated by the SRD, exceeds the stock ACL, as specified 
in paragraph (b)(3) of this section, and Atlantic migratory group king 
mackerel are overfished, based on the most recent status of U.S. 
Fisheries Report to Congress, the AA will file a notification with the 
Office of the Federal Register, at or near the beginning of the 
following fishing year to reduce the recreational ACL and ACT for that 
following year by the amount of any recreational sector overage in the 
prior fishing year.
    (iii) For purposes of tracking the ACL, recreational landings will 
be evaluated based on the commercial fishing year, March through 
February. Recreational landings will be evaluated relative to the ACL 
based on a moving multi-year average of landings, as described in the 
FMP.
    (3) The stock ACL for Atlantic migratory group king mackerel is 
17.4 million lb (7.9 million kg) for the 2016-2017 fishing year, 15.8 
million lb (7.2 million kg) for the 2017-2018 fishing year, 14.1 
million lb (6.4 million kg) for the 2018-2019 fishing year, and 12.7 
million lb (5.8 million kg) for the 2019-2020 fishing year and 
subsequent fishing years.
* * * * *
    (d) * * *
    (2) * * *
    (i) If the recreational landings exceed the recreational ACL as 
specified in this paragraph and the sum of the commercial and 
recreational landings, as estimated by the SRD, exceeds the stock ACL, 
as specified in paragraph (d)(3) of this section, the AA will file a 
notification with the Office of the Federal Register, at or near the 
beginning of the following fishing year to reduce the bag limit by the 
amount necessary to ensure recreational

[[Page 17400]]

landings may achieve the recreational ACT, but do not exceed the 
recreational ACL, in the following fishing year. The recreational ACT 
for the Atlantic migratory group is 2.364 million lb (1.072 million 
kg). The recreational ACL for the Atlantic migratory group is 2.727 
million lb (1.236 million kg).
* * * * *
    (f) * * *
    (2) * * *
    (i) If landings of cobia that are not sold exceed the ACL specified 
in this paragraph and the sum of the cobia landings that are sold and 
not sold, as estimated by the SRD, exceeds the stock ACL, as specified 
in paragraph (f)(3) of this section, the AA will file a notification 
with the Office of the Federal Register, at or near the beginning of 
the following fishing year to reduce the length of the following 
fishing season by the amount necessary to ensure landings may achieve 
the applicable ACT, but do not exceed the applicable ACL in the 
following fishing year. The applicable ACTs for the Atlantic migratory 
group of cobia are 550,000 lb (249,476 kg) for 2014, 520,000 lb 
(235,868 kg) for 2015, and 500,000 lb (226,796 kg) for 2016 and 
subsequent fishing years. The applicable ACLs for the Atlantic 
migratory group of cobia are 670,000 lb (303,907 kg) for 2014, 630,000 
lb (285,763 kg) for 2015, and 620,000 lb (281,227 kg) for 2016 and 
subsequent fishing years.
* * * * *

0
 15. Revise Appendix G to Part 622 to read as follows:

Appendix G to Part 622--Coastal Migratory Pelagics Zone Illustration

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[FR Doc. 2017-07233 Filed 4-10-17; 8:45 am]
BILLING CODE 3510-22-C