[Federal Register Volume 85, Number 97 (Tuesday, May 19, 2020)]
[Proposed Rules]
[Pages 29916-29918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10327]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 200508-0132]
RIN 0648-BJ69


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagics Resources in the Gulf of Mexico and Atlantic 
Region; Framework Amendment 8

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 8 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 October through February 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 (ACL).

DATES: Written comments must be received by June 18, 2020.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``NOAA-NMFS-2020-0037,'' 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-2020-0037 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 8 may be obtained from the 
Southeast Regional Office website at: https://www.fisheries.noaa.gov/action/framework-amendment-8-king-mackerel-trip-limits.

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

SUPPLEMENTARY INFORMATION: The CMP fishery in the Atlantic region is 
managed under the CMP FMP which includes king mackerel and Spanish 
mackerel, and 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) has fishing zones, a split season, and a commercial trip 
limit system implemented through Amendment 26 to the CMP FMP (82 FR 
17387, April 11, 2017). In the exclusive economic zone (EEZ), Atlantic 
king mackerel is divided into a northern zone and a southern zone with 
the quota for this migratory group divided between the two zones. The 
northern zone extends from the North Carolina/South Carolina boundary 
through New York, and the southern zone extends from the North 
Carolina/South Carolina boundary to the Miami-Dade/Monroe County, 
Florida, boundary. The fishing year for the commercial sector for 
Atlantic king mackerel is March 1 through the end of February. 
Annually, the Atlantic southern zone has two commercial seasons, March 
1 through September 30 (Season 1), and October 1 through the end of 
February (Season 2). The Atlantic southern zone quota is further 
allocated into two seasonal quotas: 60 percent of the zone quota is 
allocated to Season 1 and 40 percent of the zone quota is allocated to 
Season 2. During the fishing year, any unused quota from Season 1 
transfers to Season 2. There is no carryover of any unused quota at the 
end of Season 2. When the quota for a season is reached or projected to 
be reached, commercial harvest of king mackerel in the Atlantic 
southern zone is prohibited for the remainder of the respective season.
    The Atlantic commercial trip limit system was restructured and 
revised through Amendment 26 to the CMP FMP (82 FR 17387, April 11, 
2017), with the goal of ensuring the longest commercial fishing season 
possible for Atlantic king mackerel and providing commercial fishermen 
continued access to king mackerel. The trip limit system for the 
southern zone includes a 3,500 lb (1,588 kg) year-round trip limit 
north of the Flagler/Volusia County, Florida, boundary. For the area 
between the Flagler/Volusia County, Florida, boundary (29[deg]25' N 
lat.), and the Miami-Dade/Monroe County, Florida, boundary 
(25[deg]20'24'' N lat.), the trip limit is 50 fish during Season 2 from 
October 1 through January 31. The trip limit remains at 50 fish during 
the month of February, unless NMFS determines that less than 70 percent 
of the commercial quota for the southern zone's second season has been 
landed. In that case, NMFS announces the trip limit increase to 75 fish 
for February in the Federal Register.
    Since the implementation of Amendment 26, fishermen have expressed 
concern about some of the trip limits contained in the amendment. 
Specifically, commercial king mackerel fishermen targeting king 
mackerel south of the Flagler/Volusia County, Florida, boundary 
indicate that the current Season 2 commercial trip limit of 50 fish in 
the Atlantic southern zone has prevented them from fully utilizing the 
available resource, and that this lower trip limit during Season 2 also 
has prevented fishermen from being able to carry crew or make 
profitable trips. The quota for Season 2 has not been met for several 
years. In March 2019, the Council voted to begin developing Framework 
Amendment 8 to the FMP to address stakeholder concerns about the 50-
fish Season 2 trip limit. Stakeholders and members of the Council's 
Mackerel Cobia Advisory Panel (AP) indicated that the current 50-fish 
Season 2 trip limit is a factor in preventing

[[Page 29917]]

commercial king mackerel fishermen from catching the Season 2 quota or 
achieving optimum yield (OY). The AP discussed these problems at its 
April 2019 meeting, reviewed new information showing how much of the 
quota is not being harvested since the implementation of the 50-fish 
Season 2 trip limit in May 2017, and voted to recommend that the 
Council consider emergency action for the 2019-2020 fishing year to 
raise the trip limit south of the Flagler/Volusia County, Florida, 
boundary from 50 to 75 fish beginning in October 2019. The Council 
discussed the AP's recommendation at their June 2019 meeting, reviewed 
new information showing how much of the Season 2 quota has not been 
harvested the last several years by the commercial sector, heard public 
testimony supporting the emergency action, and voted to request that 
the Secretary of Commerce issue an emergency rule under the Magnuson-
Stevens Act to increase the trip limit for Season 2 to 75 fish. The 
emergency rule was published in the Federal Register on September 30, 
2019 (84 FR 51435) and it increased the trip limit to 75-fish from 
October 1, 2019, through February 29, 2020.
    In Framework Amendment 8, the Council considered several different 
commercial trip limits during Season 2 in the Atlantic southern zone 
from the Flagler/Volusia County, Florida, boundary to the Miami-Dade/
Monroe County, Florida, boundary. The Council determined that 
increasing the trip limit to 100 fish during Season 2 would be expected 
to reduce inefficiencies associated with a fishing trip, increase 
economic opportunities, and enhance social benefits, but would not 
increase the overall Season 2 commercial quota or the commercial ACL 
for king mackerel. Since commercial king mackerel landings have not 
reached the Season 2 quota in recent years, the Council and NMFS 
determined that it was unlikely the commercial trip limit increase 
would result in an early seasonal closure. The commercial ACL and 
accountability measures would continue to be in place to constrain 
commercial harvest and reduce the risk of overfishing.

Management Measure Contained in This Proposed Rule

    This proposed rule would revise the Atlantic king mackerel 
commercial trip limit in the southern zone from the Flagler/Volusia 
County, Florida, boundary to the Miami-Dade/Monroe County, Florida, 
boundary during Season 2. The current 50-fish commercial trip limit 
would be increased to 100 fish from October 1 through the month of 
January, between the Flagler/Volusia County, Florida, boundary, and the 
Miami-Dade/Monroe County, Florida, boundary. Also, for the month of 
February, in the southern zone from the Flagler/Volusia County, 
Florida, boundary to the Miami-Dade/Monroe County, Florida, boundary, 
this proposed rule would remove the current trip limit increase of 50 
to 75 fish when less than 70 percent of the quota is landed and would 
allow a trip limit of 100 fish for the entire month of February, or 
until the total quota is reached. Therefore, for the period of October 
through February, in the southern zone from the Flagler/Volusia County, 
Florida, boundary to the Miami-Dade/Monroe County, Florida, boundary, 
the proposed commercial trip limit would be 100 fish.
    The proposed revision to the commercial trip limit in the Atlantic 
southern zone during Season 2 is expected to provide additional fishing 
and economic opportunities to king mackerel fishers and is not expected 
to negatively impact the Atlantic king mackerel stock.

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 8, 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. This rule is expected to be an 
Executive Order 13771 deregulatory action.
    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 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 apply directly to businesses that operate 
in the commercial fishing industry (NAICS code 11411) and harvest king 
mackerel in Federal waters of the South Atlantic off Florida from the 
Flagler/Volusia County boundary to the Miami-Dade/Monroe County 
boundary. From 2013 through 2017, an annual average of 408 (28 percent) 
fishing vessels with a permit to harvest king mackerel landed king 
mackerel from those waters. It is estimated that 344 businesses operate 
those 408 vessels. The average annual revenue of one of those 408 
fishing vessels is estimated to be $18,378 (2018 dollars), and king 
mackerel landings account for approximately 55 percent of that average 
vessel's annual revenue. From that, it is expected that the 344 
businesses are small and that king mackerel landings are critical to 
these businesses.
    This action would increase the commercial trip limit for Atlantic 
king mackerel from the current limit of 50 fish to 100 fish from 
October through January in Federal waters from the Flagler/Volusia 
County, Florida, boundary to the Miami-Dade/Monroe County, Florida, 
boundary. Also, this action would increase the trip limit in February, 
which currently is 50 fish unless less than 70 percent of the quota has 
been landed, then it increases to 75 fish. The proposed rule would 
allow a trip limit of 100 fish for the entire month of February, or 
until the total quota is reached.
    NMFS estimates the increase of the trip limit from October through 
January would increase the number of trips by 494 and landings of king 
mackerel by 128,582 pounds gutted weight. At an average dockside price 
of $2.33 (2018 dollars) per pound gutted weight, the increase in 
landings would have an associated increase in total dockside revenue of 
$299,596 (2018 dollars), which is approximately $734 per vessel for 408 
vessels and approximately $871 per business for 344 small businesses.
    During the month of February from 2014 through 2017, there was no 
trip limit in the Florida 8-county area. In 2018, despite the current 
February trip limit, landings fell within the range of landings from 
the 4 previous years. From that, NMFS estimates the increase in the 
February trip limit would have little to no impact on landings. 
Therefore, NMFS estimates the proposed rule would have an average 
beneficial impact of $734 per vessel and $871 per small business. The 
average increase to the average vessel represents approximately four 
percent of its annual dockside revenue from all landings ($18,378 in 
2018 dollars).
    Therefore, NMFS concludes this rule would not have a significant 
adverse economic impact on a substantial number of small entities. As a 
result, an initial regulatory flexibility analysis is not required and 
none has been prepared.

[[Page 29918]]

List of Subjects in 50 CFR Part 622

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

    Dated: May 11, 2020.
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 paragraphs (a)(1)(ii)(C) and (a)(1)(iii)(C) 
and remove paragraphs (a)(1)(ii)(D) and (a)(1)(iii)(D) to read as 
follows:


Sec.  622.385  Commercial trip limits.

* * * * *
    (a) * * *
    (1) * * *
    (ii) * * *
    (C) From October 1 through the end of February--100 fish.
    (iii) * * *
    (C) From October 1 through the end of February--100 fish.
* * * * *
[FR Doc. 2020-10327 Filed 5-18-20; 8:45 am]
 BILLING CODE 3510-22-P