[Federal Register Volume 84, Number 58 (Tuesday, March 26, 2019)]
[Proposed Rules]
[Pages 11275-11278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05424]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 181218999-9214-01]
RIN 0648-BI68


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagics Resources in the Gulf of Mexico and Atlantic 
Region; Framework Amendment 6

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to implement management measures described in 
Framework Amendment 6 to the Fishery Management Plan (FMP) for Coastal 
Migratory Pelagics (CMP) of the Gulf of Mexico (Gulf) and Atlantic 
Region (CMP FMP), as prepared by the South Atlantic Fishery Management 
Council (Council). This proposed rule would revise the Atlantic 
migratory group king mackerel commercial trip limit in the Atlantic 
southern zone during the March through September fishing season. The 
purpose of this proposed rule is to support increased fishing activity 
and economic opportunity while continuing to constrain harvest to the 
annual catch limit and providing for year-round access for the 
commercial sector.

DATES: Written comments must be received by April 25, 2019.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``NOAA-NMFS-2019-0017,'' by either of the following methods:
     Electronic submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal: http://www.regulations.gov. Go to www.regulations.gov/#!docketDetail;D=NOAA-
NMFS-2019-0017 click the ``Comment Now!'' icon, complete the required 
fields, and enter or attach your comments.
     Mail: Submit written comments to Karla Gore, NMFS 
Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL 
33701.
     Instructions: Comments sent by any other method, to any 
other address or individual, or received after the end of the comment 
period, may not be considered by NMFS. All comments received are a part 
of the public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in required fields if you wish to remain 
anonymous).
    Electronic copies Framework Amendment 6 may be obtained from the 
Southeast Regional Office website at https://www.fisheries.noaa.gov/action/framework-amendment-6-atlantic-king-mackerel-commercial-trip-limits.

FOR FURTHER INFORMATION CONTACT: Karla Gore, NMFS Southeast Regional 
Office, telephone: 727-551-5753, or email: [email protected].

[[Page 11276]]


SUPPLEMENTARY INFORMATION: The coastal migratory pelagics fishery in 
the Atlantic region is managed under the CMP FMP and includes king 
mackerel and Spanish mackerel, and also includes cobia in the Gulf of 
Mexico. The Council and the Gulf of Mexico Fishery Management Council 
jointly manage the CMP FMP. The CMP FMP was prepared by both Councils 
and is implemented by NMFS through regulations at 50 CFR part 622 under 
authority of the Magnuson-Stevens Act. Under the CMP FMP, each Council 
has the ability to develop individual framework amendments to the FMP 
for certain actions that are specific to each region.

Background

    The Atlantic migratory group of king mackerel (Atlantic king 
mackerel) is divided into a northern zone and a southern zone. The trip 
limit system for the Atlantic southern zone (the EEZ from the North 
Carolina/South Carolina boundary to the Miami-Dade/Monroe County, FL, 
boundary (25[deg]20'24'' N)) was implemented on May 11, 2017, through 
Amendment 26 to the FMP (68 FR 17387, April 11, 2017). The fishing year 
for the commercial sector for Atlantic king mackerel is March 1 through 
the end of February. The Atlantic southern zone has two commercial 
seasons, March 1 through September 30, and October 1 through the end of 
February. The Atlantic southern zone quota is allocated into two 
seasonal quotas: 60 percent of the zone quota is allocated to March 1 
through September 30 (Season 1) and 40 percent of the zone quota is 
allocated to October 1 through the end of February (Season 2). Any 
unused quota from Season 1 transfers during the fishing year to Season 
2. There is no provision to allow the carryover of any unused quota at 
the end of Season 2. When the quota for a season is reached or expected 
to be reached, commercial harvest of king mackerel in the Atlantic 
southern zone is prohibited for the remainder of the season.
    During Season 1 in March, 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 is 50 
fish. During Season 1 from April 1 through September 30, the trip limit 
is 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 is 50 fish.
    Subsequent to the implementation of Amendment 26 to the CMP FMP, 
commercial fishermen from Florida's east coast expressed concern to the 
Council about the revised commercial trip limits for king mackerel in 
some of the areas in the Atlantic southern zone, especially the Season 
1 (March through September) trip limits in the EEZ off Volusia County, 
FL. Comments from stakeholders indicated that commercial fishermen 
operating out of Volusia County, FL, travel farther offshore than 
elsewhere off the east coast of Florida to target king mackerel and 
often complete multi-day commercial trips. The 50-fish commercial trip 
limit during the month of March makes it challenging for commercial 
fisherman targeting king mackerel in this area to earn enough money to 
pay for the cost of a trip, potentially causing undue hardship to 
fishermen. At their April 2017 meeting, the Council's Mackerel Cobia 
Advisory Panel recommended that the Council review the commercial trip 
limits in place for the Atlantic southern zone and consider a different 
trip limit that would support the concerns of the commercial fishermen 
operating out of Volusia County, FL, while still allowing year-round 
access to king mackerel by the commercial sector. The Council then 
developed, and subsequently approved, Framework Amendment 6 to the CMP 
FMP. Framework Amendment 6 would revise some of the commercial trip 
limits for Season 1 (March 1 through September 30) in the southern 
zone, but would not revise the commercial trip limits for Season 2 
(October 1 through the end of February). Additionally, Framework 
Amendment 6 would not revise the current 3,500 lb (1,588 kg) year-round 
trip limit for Atlantic migratory group king mackerel north of the 
Flagler/Volusia County, FL, boundary in the southern zone.

Management Measure Contained in This Proposed Rule

    This proposed rule would revise the Atlantic king mackerel 
commercial trip limits in the southern zone in the EEZ south of the 
Flagler/Volusia County, FL, boundary during Season 1. The revised trip 
limit would be increased from 50 fish to 75 fish for the month of March 
in the EEZ between the Flagler/Volusia County, FL, boundary and the 
Volusia/Brevard County, FL, boundary. The trip limit would also be 
increased from 50 to 75 fish for the month of March in the EEZ between 
the Volusia/Brevard County, FL, boundary and the Miami-Dade/Monroe 
County, FL boundary. The proposed rule would also increase the trip 
limit in the EEZ off Volusia County (between Flagler/Volusia County, 
FL, boundary and the Volusia/Brevard County, FL, boundary) from April 1 
through September 30 from 75 fish to 3,500 lb (1,588 kg).
    In summary, if this proposed rule is implemented, the commercial 
trip limits for Atlantic king mackerel throughout the southern zone 
would be as described in the following:
    North of the Flagler/Volusia County, FL, boundary the limit is 
3,500 lb (1,588 kg), year-round.
    In the EEZ between the Flagler/Volusia County, FL, boundary and the 
Volusia/Brevard County, FL, boundary, in the month of March, the trip 
limit would be 75 fish; from April through September, the trip limit 
would be 3,500 lb (1,588 kg); from October through January, the limit 
is 50 fish; and for the month of February the limit is 50 fish, unless 
NMFS determines that less than 70 percent of the commercial quota for 
the southern zone's second season has been landed, then the trip limit 
would be 75 fish.
    In the EEZ between the Volusia/Brevard County, FL, boundary and the 
Miami-Dade/Monroe County, FL boundary, in the month of March, the trip 
limit would be 75 fish; from April through September the limit is 75 
fish, unless NMFS determines that less than 75 percent of the 
commercial quota for the southern zone's first season has been landed, 
then the trip limit is 50 fish; from October through January, the limit 
is 50 fish; and for the month of February, the limit is 50 fish unless 
NMFS determines that less than 70 percent of the second season quota 
has been landed, then the trip limit would be 75 fish.
    The revision to the trip limit in the southern zone is expected to 
provide additional fishing and economic opportunity to king mackerel 
fishermen in the southern zone and is not expected to negatively impact 
the Atlantic king mackerel stock.

Measure Contained in This Proposed Rule Not in Framework Amendment 6

    In addition to the measures described in Framework Amendment 6 to 
revise the Atlantic southern zone commercial trip limits, this proposed 
rule would also incorporate a correction to a commercial trip limit 
boundary position for the Atlantic king mackerel southern zone. In 50 
CFR 622.385(a)(1)(ii), the final rule for Amendment 26 incorrectly 
specified the Miami-Dade/Monroe County, FL, boundary coordinate. That 
final rule incorrectly used the position for the Flagler/Volusia 
County, FL, boundary in one instance instead of the Miami-Dade/Monroe 
County, FL, coordinate. However, since that final rule was promulgated, 
these boundary descriptions have been updated. These new boundary 
descriptions are part of the revisions being proposed in this rule

[[Page 11277]]

to implement Framework Amendment 6, and the previous boundary 
descriptions and coordinates are no longer relevant. Thus, the previous 
error would be superseded by the boundary descriptions and coordinates 
listed in 50 CFR 622.385(a)(1)(ii) of this proposed rule for Framework 
Amendment 6.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with Framework Amendment 6, the FMP, the Magnuson-Stevens 
Act, and other applicable law, subject to further consideration after 
public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Magnuson-Stevens Act provides the statutory basis for this 
proposed rule. No duplicative, overlapping, or conflicting Federal 
rules have been identified. A description of this proposed rule and its 
purpose and need are contained in the SUMMARY section of the preamble.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this proposed rule, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities. The factual basis for this certification is as follows.
    This proposed rule would directly affect businesses that operate in 
the commercial fishing industry (NAICS code 11411) and harvest king 
mackerel in Federal waters of the South Atlantic. From 2012 through 
2016, an annual average of 702 of vessels landed king mackerel. It is 
estimated that 605 businesses operate the 702 vessels that on average 
annually land king mackerel.
    Average annual revenue from all species landed by the above 702 
vessels vary considerably by state; however, the maximum average 
revenue is $86,573 (in 2016 dollars). For RFA purposes only, NMFS has 
established a small business size standard for businesses, including 
their affiliates, whose primary industry is commercial fishing. A 
business primarily engaged in commercial fishing is classified as a 
small business if it is independently owned and operated, is not 
dominant in its field of operation (including its affiliates), and has 
combined annual receipts not in excess of $11 million for all its 
affiliated operations worldwide. The estimates of average annual 
revenue indicate that the above 605 businesses are small businesses.
    The proposed rule would increase the trip limit from 50 to 75 king 
mackerel from March 1 through March 30 in Federal waters between the 
Flagler/Volusia, FL, boundary and Volusia/Brevard, FL, boundary and 
Volusia/Brevard, FL, boundary and Miami-Dade/Monroe County, FL, 
boundary. Those Federal waters are the same as Federal waters between 
the Flagler/Volusia County, FL, boundary and the Miami-Dade/Monroe 
County, FL, boundary (25[deg x ]20'24'' N). It is estimated 
that 60 trips would benefit, and there could be an additional 250 lb 
(113 kg) and $560 per trip (at the 2016 price of $2.24 per lb). The 60 
trips are expected to be made by 60 vessels, and the average vessel's 
annual revenue would increase from 1.3 percent to 3.7 percent.
    The proposed rule would also increase the trip limit to 3,500 lb 
(1,588 kg) in Federal waters off Volusia County (between the Flagler/
Volusia and Volusia/Brevard lines) from April 1 through September 30. 
Currently, the limit is 75 king mackerel until 75 percent of the quota 
is landed, then it reduces to 50 fish. An estimated annual average of 
148 trips made by 71 vessels could benefit from the trip-limit increase 
in Federal waters off Volusia County from April through September; 
however, if all of these trips were made in areas or during the months 
when trip limits are unaffected by the proposed rule, there would be no 
beneficial impacts.
    If all of the 148 trips were in Federal waters off Volusia County 
from April through September, the total benefit for 148 trips could be 
an additional 56,980 lb (25,846 kg) of king mackerel with a dockside 
value (in 2016 dollars) of $127,635, and the average annual increase 
per vessel would be $1,798. Hence, the average annual benefit per 
vessel from the increase in the trip limit from April through September 
in Federal waters off Volusia County would range from $0 to $1,798. 
These 71 vessels are estimated to be operated by 61 (10 percent) of the 
average 605 businesses that annually land king mackerel, and the 
average benefit would range from $0 to $2,092 per business.
    An average increase in dockside revenue from $0 to $1,798 per 
vessel would represent an increase in average annual revenue from 0 
percent to over 11 percent for the average vessel that lands king 
mackerel in Volusia County or south of Volusia through Dade County. 
That same average increase in dockside revenue would represent a 0 
percent to 5.6 percent in annual revenue for the average vessel that 
lands king mackerel in counties north of Volusia and 0 percent to 4 
percent for the average vessel that lands king mackerel elsewhere in 
Florida.
    In summary, this rule would not have an adverse economic impact on 
any small business, and instead would increase annual revenues as 
described above. Therefore, NMFS expects this proposed rule would not 
have a significant economic impact on a substantial number of small 
entities, and an initial regulatory flexibility analysis is not 
required and none has been prepared.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, King mackerel, South Atlantic, Trip limits.

    Dated: March 18, 2019.
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 
proposed to be 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.  622.385, revise paragraph (a)(1)(ii) and add paragraph 
(a)(1)(iii) to read as follows:


Sec.  622.385  Commercial trip limits.

* * * * *
    (a) * * *
    (1) * * *
    (ii) In the area between 29[deg]25' N lat., which is a line 
directly east from the Flagler/Volusia County, FL, boundary, and 
28[deg]47'48'' N lat., which is a line directly east from the Volusia/
Brevard 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--75 fish.
    (B) From April 1 through September 30--3,500 lb (1,588 kg).
    (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.
    (iii) In the area between 28[deg]47'48'' N lat., which is a line 
directly east from the Volusia/Brevard County, FL, boundary, and 
25[deg]20'24'' N lat., which is a line directly east from the Miami-
Dade/Monroe County, FL, boundary,

[[Page 11278]]

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--75 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.
* * * * *
[FR Doc. 2019-05424 Filed 3-25-19; 8:45 am]
 BILLING CODE 3510-22-P