[Federal Register Volume 84, Number 199 (Tuesday, October 15, 2019)]
[Proposed Rules]
[Pages 55132-55133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22317]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 191008-0058]
RIN 0648-BJ17


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagics Resources in the Gulf of Mexico and Atlantic 
Region; Control Date

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

ACTION: Advanced notice of proposed rulemaking; consideration of a 
control date.

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SUMMARY: This document announces the establishment of a control date of 
March 7, 2019, for the commercial sector of Spanish mackerel. The South 
Atlantic Fishery Management Council (South Atlantic Council) may use 
the control date if it decides to create restrictions limiting 
participation in the commercial sector for Spanish mackerel. The Gulf 
of Mexico Fishery Management Council (Gulf Council) would also need to 
approve any restrictions to the Federal commercial Spanish mackerel 
permit. Anyone entering the sector after the control date would not be 
assured of future access should a management program that limits 
participation in the sector be prepared and implemented. This 
announcement is intended, in part, to promote awareness of the 
potential eligibility criteria for future access to discourage 
speculative entry into the Spanish mackerel commercial sector while the 
South Atlantic Council and NMFS consider whether and how access to the 
sector should be further controlled.

DATES: Written comments must be received by November 14, 2019.

ADDRESSES: You may submit comments identified by ``NOAA-NMFS-2019-
0083'' by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0083, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Nikhil Mehta, 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 the required fields if you wish to remain 
anonymous).

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

SUPPLEMENTARY INFORMATION: The coastal migratory pelagic (CMP) fishery 
in the Gulf of Mexico and Atlantic regions is managed jointly by the 
Gulf of Mexico and South Atlantic Fishery Management Councils 
(Councils). The Fishery Management Plan for Coastal Migratory Pelagic 
Resources in the Gulf of Mexico and Atlantic Region (FMP) includes king 
mackerel and Spanish mackerel, and cobia in the Gulf of Mexico. The FMP 
was prepared by the Councils and is implemented by NMFS through 
regulations at 50 CFR part 622 under authority of the Magnuson-Stevens 
Fishery Conservation and Management Act.
    Spanish mackerel is not currently overfished or undergoing 
overfishing. However, as a result of increased commercial effort and 
exceedance of the commercial annual catch limit in recent years, the 
South Atlantic Council requested at their June 2019 meeting that NMFS 
publish a control date of March 7, 2019, for the Spanish mackerel 
commercial permit. The final rule for Amendment 2 to the FMP (52 FR 
23836; June 25, 1987), established an open access Federal commercial 
permit for both Atlantic and Gulf of Mexico migratory groups of Spanish 
mackerel. The control date enables the South Atlantic Council to inform 
current and potential participants that it is considering creating 
restrictions that may limit participation in the Spanish mackerel 
commercial sector. The South Atlantic Council may consider creating a 
limited access permit system for the Spanish mackerel commercial sector 
where the number of participants could be restricted through permit 
limitations to control the amount of effort. Other options may include, 
but are not limited to, a limited access gillnet endorsement in the 
Atlantic southern zone (North Carolina/South Carolina boundary to the 
Miami-Dade/Monroe County, Florida, boundary), and collaboration with 
state agencies.
    This document informs participants who enter the commercial sector 
for Spanish mackerel after March 7, 2019, that they may not be ensured 
participation under future management of this portion of the CMP 
fishery. If the South Atlantic Council decides to restrict 
participation in the Spanish mackerel commercial sector in relation to 
this control date, an amendment to the FMP with analysis of specific 
biological, economic, and social effects will be prepared at that time. 
Any future amendment addressing modifications to the Spanish mackerel 
commercial permit in relation to this control date would require 
approval by both Councils.
    In addition to an amendment to the FMP, implementation of any such 
changes would require publication of a notice of availability and 
proposed rule in the Federal Register with public comment periods, and, 
if approved by

[[Page 55133]]

the Secretary of Commerce, issuance of a final rule.
    Fishermen are not guaranteed future participation in a fishery or 
sector regardless of their entry date or intensity of participation in 
the fishery or sector before or after the control date under 
consideration. The South Atlantic Council subsequently may choose a 
different control date or a different management program without using 
a control date. The South Atlantic Council also may choose to take no 
further action to control entry or access to the Spanish mackerel 
commercial sector.
    NMFS invites comments on the establishment of this control date. 
This notification also gives the public notice that interested 
participants should locate and preserve records that substantiate and 
verify their participation in the Spanish mackerel commercial sector.

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

    Dated: October 8, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2019-22317 Filed 10-11-19; 8:45 am]
 BILLING CODE 3510-22-P