[Federal Register Volume 82, Number 146 (Tuesday, August 1, 2017)]
[Rules and Regulations]
[Pages 35658-35660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16134]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 161222999-7618-02]
RIN 0648-BG56


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic 
Region; Framework Amendment 5

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

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to implement management measures 
described in Framework Amendment 5 to the Fishery Management Plan for 
the Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
Atlantic Region (FMP), as prepared and submitted jointly by the Gulf of 
Mexico Fishery Management Council and South Atlantic Fishery Management 
Council (Councils). This final rule removes the restriction on fishing 
for, or retaining the recreational bag and possession limits of, king 
and Spanish mackerel on

[[Page 35659]]

a vessel with a Federal commercial permit for king or Spanish mackerel 
when commercial harvest of king or Spanish mackerel in a zone or region 
is closed. With implementation of this rule, persons aboard commercial 
vessels may fish for and retain the recreational bag and possession 
limits of king or Spanish mackerel during the open recreational season, 
even if commercial fishing for those species is closed. The purpose of 
this final rule is to remove Federal permit restrictions unique to 
commercially permitted king and Spanish mackerel vessels and to 
standardize vessel permit restrictions applicable after a commercial 
quota closure of king or Spanish mackerel in accordance with 
restrictions in other fisheries.

DATES: This final rule is effective August 31, 2017.

ADDRESSES: Electronic copies of Framework Amendment 5 may be obtained 
from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_sa/cmp/2017/framework_am5/index.html. Framework Amendment 5 includes an 
environmental assessment, a Regulatory Flexibility Act (RFA) analysis, 
and a regulatory impact review.

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

SUPPLEMENTARY INFORMATION: The coastal migratory pelagic fishery of the 
Gulf of Mexico (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 Councils and is implemented by NMFS through regulations 
at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) (16 U.S.C. 1801 
et seq.). Framework Amendment 5 and this final rule apply to the 
harvest of king and Spanish mackerel in the exclusive economic zone 
(EEZ) of the Gulf and Atlantic regions.
    On March 1, 2017, NMFS published a proposed rule to implement 
Framework Amendment 5 and requested public comment (82 FR 12187). The 
proposed rule and Framework Amendment 5 outline the rationale for the 
actions contained in this final rule. A summary of the management 
measures described in Framework Amendment 5 and implemented by this 
final rule is provided below.

Management Measure Contained in This Final Rule

    As a result of this final rule, persons aboard vessels with a 
Federal commercial permit for king or Spanish mackerel may fish for and 
retain the recreational bag and possession limits of these species 
during the open recreational season when the commercial season for 
those species is closed. This final rule removes Federal permit 
restrictions unique to commercially permitted king and Spanish mackerel 
vessels and standardizes vessel permit restrictions applicable after a 
commercial quota closure of king or Spanish mackerel in accordance with 
the restrictions in other fisheries. In addition, to improve clarity, 
this final rule makes non-substantive changes to the language in Sec.  
622.384(e)(3), renumbered as Sec.  622.384(e)(2), and to Sec.  622.386. 
Finally, the language aligns with changes to the regulations set forth 
in the final rule for Amendment 26 to the FMP (82 FR 17387, April 11, 
2017), which included revisions to terminology and to the management 
boundaries for the Gulf of Mexico and Atlantic migratory groups of king 
mackerel.

Comments and Responses

    NMFS received a total of eighteen comments on the proposed rule for 
Framework Amendment 5 from commercial and recreational fishers. Nine of 
the comments were in favor of the amendment and the proposed rule, 
while six were opposed. Three additional comments were submitted that 
were not related to the proposed action; because those comments were 
outside of the scope of the actions considered for Framework Amendment 
5 and the proposed rule, NMFS is not providing specific responses to 
those comments in this final rule. The six comments opposed to the 
amendment expressed concern about relative fishing opportunities for 
the commercial versus the recreational sectors and about how the final 
rule might affect future recreational harvest.
    Additionally, several commenters (both in support of and not in 
support of the proposed action) expressed views that reflect a 
misunderstanding of both current king and Spanish mackerel Federal 
management and the effect of the rule. In particular, the comments 
reflected a misunderstanding of whether and when those aboard 
commercially permitted vessels that also hold a charter or headboat 
permit will be allowed to retain the recreational bag and possession 
limits of king or Spanish mackerel. In fact, the final rule does not 
alter the current ability of persons aboard dual-permitted vessels to 
fish for and retain the recreational bag and possession limits of the 
species when the commercial season is closed. Instead, this final rule 
changes the regulations to allow those aboard commercially permitted 
vessels for king and Spanish mackerel to fish for and retain the 
recreational bag and possession limits of the species when the 
commercial season for those species is closed, regardless of the 
capacity in which the vessel is operating (i.e., the vessels no longer 
need to be dual-permitted and operating in a for-hire capacity). With 
implementation of this rule, persons aboard commercial vessels fishing 
for king and Spanish mackerel and persons aboard dual-permitted vessels 
on for-hire trips for king and Spanish mackerel may retain the 
recreational bag and possession limits of king and Spanish mackerel, as 
long as the recreational season for those species is open, even if 
commercial fishing for those species is closed. In addition, nothing in 
this rule prevents persons aboard commercial vessels that hold multiple 
commercial permits from fishing for and retaining the recreational bag 
and possession limits of king and Spanish mackerel during the closed 
commercial season for king and Spanish mackerel while on a commercial 
trip for other species, such as snapper-grouper, as long as such 
fishing is consistent with the Federal commercial permit for each of 
those other species.
    Specific comments related to the action and proposed rule, as well 
as NMFS' respective responses, are summarized below.
    Comment 1: Allowing persons aboard commercial vessels to fish for 
king and Spanish mackerel recreationally could result in more fish 
being caught, which could result in additional regulation of the 
recreational sector.
    Response: As described in Framework Amendment 5, the recreational 
and/or stock ACLs for these species have rarely been exceeded in recent 
years, and thus the accountability measures have not been triggered 
frequently. We do not expect a significant increase in recreational 
landings in light of the additional means of access to recreational 
harvest allowed in this rule. Any effect from this final rule on 
recreational landings would likely be minimal, and therefore unlikely 
to require new recreational management measures.
    Comment 2: This final rule will allow recreationally caught fish to 
be sold by commercially permitted vessels when the commercial season is 
closed.

[[Page 35660]]

    Response: The final rule allows commercial fishers with a Federal 
commercial permit for king or Spanish mackerel to use their permitted 
vessels to fish for these species and retain the recreational bag and 
possession limits outside of the commercial seasons for those species. 
However, under the regulations already in place, the sale or purchase 
of king or Spanish mackerel taken under the recreational bag and 
possession limits is prohibited when the commercial season is closed. 
Thus any fish taken in the circumstances allowed under the rule cannot 
be sold or purchased.
    Comment 3: Additional king mackerel population information is 
needed to avoid ecological or economic problems in the Gulf and 
Atlantic before approving these changes to management.
    Response: As part of the development of Framework Amendment 5, NMFS 
and the Councils carried out an analysis of the expected physical, 
biological, economic, social, and administrative effects of this 
action. This analysis incorporated data from the September 2014 
Southeast Data, Assessment, and Review (SEDAR) 38 stock assessment, 
which determined that both the Gulf and Atlantic migratory groups of 
king mackerel are not overfished and are not undergoing overfishing. As 
explained in Framework Amendment 5, the additional amount of king 
mackerel that would be harvested as a result of this final rule is not 
quantifiable because the number of persons aboard commercially 
permitted vessels who would fish for and retain the recreational bag 
and possession limits of king and Spanish mackerel once the harvest 
restriction is removed and the number of days during which they could 
fish under the recreational bag and possession limits are not known. 
However, NMFS' analysis demonstrates, and the Councils agree, that 
minimal impacts to the ecology or economy would be expected as a result 
of this final rule. The next SEDAR assessment will be completed in the 
summer of 2018.

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
that this final rule is consistent with Framework Amendment 5, the FMP, 
the Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    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, record-keeping, or 
other compliance requirements are introduced by this final rule.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this final rule 
would not have a significant economic impact on a substantial number of 
small entities. The factual basis for this determination was published 
in the proposed rule and is not repeated here. No public comments were 
received on the proposed rule regarding the certification, and NMFS has 
not received any new information that would affect its determination. 
As a result, a final regulatory flexibility analysis was not required 
and none has been prepared.

List of Subjects in 50 CFR Part 622

    Commercial, Recreational, Fisheries, Fishing, Gulf of Mexico, South 
Atlantic, King Mackerel, Spanish Mackerel.

    Dated: July 26, 2017.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 622 is amended 
as follows:

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

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

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

0
2. In Sec.  622.379, revise the last sentence in paragraph (a) to read 
as follows:


Sec.  622.379  Incidental catch allowances.

    (a) * * * 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)(2).
* * * * *

0
3. In Sec.  622.384, revise paragraph (e) to read as follows:


Sec.  622.384   Quotas.

* * * * *
    (e) Restrictions applicable after a quota closure. (1) If the 
recreational sector for the applicable species, migratory group, zone, 
or gear is open, the bag and possession limits for king and Spanish 
mackerel specified in Sec.  622.382(a) apply to all harvest or 
possession for the closed species, migratory group, zone, or gear in or 
from the EEZ. If the recreational sector for the applicable species, 
migratory group, zone, or gear is closed, all applicable harvest or 
possession in or from the EEZ is prohibited.
    (2) 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 
and possession limits specified in Sec.  622.382(a), or cobia taken 
under the limited-harvest species possession limit specified in Sec.  
622.383(b). The prohibition on the sale or 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
4. In Sec.  622.386, revise the introductory text to read as follows:


Sec.  622.386  Restrictions on sale/purchase.

    The restrictions in this section are in addition to the 
restrictions on the sale or purchase related to commercial quota 
closures as specified in Sec.  622.384(e)(2).
* * * * *
[FR Doc. 2017-16134 Filed 7-31-17; 8:45 am]
 BILLING CODE 3510-22-P