[Federal Register Volume 87, Number 234 (Wednesday, December 7, 2022)]
[Rules and Regulations]
[Pages 74989-74991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26553]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 221201-0259]
RIN 0648-BL62


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagics Resources in the Gulf of Mexico and Atlantic 
Region; Framework Amendment 11

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 Framework Amendment 11 to the Fishery Management Plan 
(FMP) for the Coastal Migratory Pelagic (CMP) Resources of the Gulf of 
Mexico and Atlantic Region (CMP FMP), as prepared and submitted by the 
Gulf of Mexico Fishery Management Council (Gulf Council). This final 
rule and Framework Amendment 11 revise the Gulf of Mexico (Gulf) 
migratory group of king mackerel (Gulf king mackerel) catch limits. The 
purpose of this final rule and Framework Amendment 11 is to update 
catch limits to be consistent with the best scientific information 
available.

DATES: This final rule is effective January 6, 2023.

ADDRESSES: Electronic copies of Framework Amendment 11, which includes 
a regulatory impact review, may be obtained from the Southeast Regional 
Office website at https://www.fisheries.noaa.gov/action/framework-11-management-gulf-king-mackerel.

FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, telephone: 727-824-
5305, or email: [email protected].

SUPPLEMENTARY INFORMATION: Gulf king mackerel is managed under the CMP 
FMP prepared by the Gulf and South Atlantic Fishery Management Councils 
(Councils) and implemented through regulations at 50 CFR part 622 under 
the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act).
    On October 7, 2022, NMFS published a proposed rule for Framework 
Amendment 11 and requested public comment (87 FR 60975, October 7, 
2022). The proposed rule and Framework Amendment 11 outline the 
rationale for the actions contained in this final rule. A summary of 
the management measures described in Framework 11 and implemented by 
this final rule is provided below.
    All weights in this proposed rule are in round and eviscerated 
weight combined, unless otherwise specified.

Background

    Under the CMP FMP, the Gulf Council manages fishing for Gulf king 
mackerel in Federal waters from Texas to the boundary between Monroe 
and Miami-Dade Counties in Florida. The Gulf king mackerel stock annual 
catch limit (ACL) is allocated between the commercial and recreational 
sectors.
    The current overfishing limit (OFL) and acceptable biological catch 
(ABC) are 8,950,000 lb (4,059,652 kg) and 8,550,000 lb (3,878,215 kg), 
respectively. The current stock ACL is equal to the ABC. The OFL, ABC, 
and stock ACL were established in 2017 in Amendment 26 to the CMP FMP 
(82 FR 17387; April 11, 2017). These catch limits are based on 
projections from the Southeast Data Assessment and Review (SEDAR) 38 
stock assessment and recommendations by the Gulf Council's Scientific 
and Statistical Committee (SSC). The recreational landings estimates 
used in SEDAR 38 included data from the Marine Recreational Information 
Program's (MRIP) Coastal Household Telephone Survey (CHTS). MRIP now 
generates recreational landings estimates using the Fishing Effort 
Survey (FES), and the historical time series of king mackerel 
recreational landings has been calibrated to be consistent with the 
MRIP-FES estimates. The estimates generated using MRIP-FES are 
generally higher than those produced using CHTS because the new survey 
is designed to more accurately measure fishing activity.
    In 2020, NMFS completed an update to SEDAR 38 (SEDAR 38 Update) 
that included calibrated MRIP-FES recreational landings. The update 
indicated that Gulf group king mackerel was not overfished or 
undergoing overfishing, but recruitment had been low in recent years. 
In September 2020, the Gulf Council's SSC reviewed the SEDAR 38 Update 
and recommended new OFLs and ABCs for Gulf group king mackerel that 
would address reduced recruitment and allow harvest to increase over 
time. The SSC's recommendation for the revised OFL is 11,050,000 lb 
(5,012,196 kg) for 2022, and 11,180,000 lb (5,071,163 kg) for 2023 and 
subsequent years. The SSC's recommendation for ABC is 9,720,000 lb 
(4,408,918 kg) for 2022, and 9,990,000 lb (4,531,388 kg) for 2023 and 
subsequent years. These OFL and ABC recommendations represent a 
reduction in the allowable harvest when compared to the current OFL and 
ABC. Had MRIP-FES data been available when SEDAR 38 was completed in 
2014, the current OFL would have been 11,960,000 lb (5,424,965 kg) and 
the current ABC would have been 11,540,000 (5,234,456 kg). The Gulf 
Council and NMFS developed Framework Amendment 11 to update catch 
levels based on the results of the SEDAR 38 Update and Gulf Council's 
SSC recommendations.
    The Gulf Council manages Gulf king mackerel with sector allocations 
and zone allocations for the commercial sector. In Amendment 1 to the 
FMP, the Councils allocated the total Gulf king mackerel ACL to 32 
percent to the commercial sector and 68 percent to the recreational 
sector based on the average of available commercial and recreational 
landings data from 1975-1979 (50 FR 34840; August 25, 1985). In 
Amendment 26 to the FMP, the Councils revised the allocation of the 
Gulf king mackerel total commercial ACL between the commercial Gulf 
zones: western zone (40 percent), northern (18 percent), southern zone 
hook-and-line (21 percent) and southern zone gillnet (21 percent) (82 
FR 17387; April 11, 2017).
    The fishing year for commercial harvest varies by zone: July 
through June for the southern and western zones, and October through 
September for the northern zone. For the purpose of comparing landings 
to the total ACL, recreational landings are monitored based on the 
commercial fishing year of July through June. Therefore, the sector 
ACLs and commercial quotas reflect that these fishing years occur in 
two calendar years, as noted below.

Management Measures Contained in This Final Rule

    For Gulf king mackerel, this final rule revises sector ACLs and the 
commercial zone quotas.

ACLs and Quotas

    The current total ACL for Gulf king mackerel is equal to the ABC of 
8,550,000 lb (3,878,215 kg). This rule modifies the total ACL for Gulf 
king mackerel to 9,720,000 lb (4,408,918 kg) for 2022 and 9,990,000 lb 
(4,531,388 kg) for 2023 and subsequent years, which is also equal to 
the ABCs recommended by the Gulf Council's SSC. The 2022 total ACL is 
used to set the sector and zone catch limits for the 2022-2023 fishing 
year and the 2023 total ACL will be used to set the sector and zone 
catch limits for 2023-2024 and subsequent fishing years. As noted 
previously, the

[[Page 74990]]

revised ACLs actually represent a decrease in the allowable harvest of 
Gulf king mackerel because had the current total ACL been derived from 
an assessment using MRIP-FES data, the current total ACL would have 
been 11,540,000 lb (5,234,456 kg).
    The current commercial ACL for the 2022-2023 fishing year is 
2,740,000 lb (1,242,843 kg). Applying the current commercial allocation 
of 32 percent to the new total ACLs results in revised commercial ACLs 
of 3,110,400 lb (1,410,854 kg) for the 2022-2023 fishing year, and 
3,196,800 lb (1,450,044 kg) for the 2023-2024 and subsequent years. The 
current recreational ACL for the 2022-2023 fishing year is 5,810,000 lb 
(2,635,372 kg). Applying the current recreational allocation of 68 
percent to the new stock ACLs results in revised recreational ACLs of 
6,609,600 lb (2,998,064 kg) for the 2022-2023 fishing year, and 
6,793,200 lb (3,081,344 kg) for the 2023-2024 and subsequent years. 
Because the revised recreational ACL will now be monitored using 
landings estimates generated by MRIP-FES, this represents a decrease in 
the allowable recreational harvest. However, recreational landings, as 
estimated using MRIP-FES, have been well below the revised ACLs since 
the 2016-2017 fishing year, and NMFS does not expect the reduction in 
the recreational ACL to reduce recreational opportunities.
    The current commercial zone quotas for the 2022-2023 fishing year 
are 1,096,000 lb (497,137 kg) for the western zone, 493,200 lb (223,712 
kg) for the northern zone, 575,400 lb (260,997 kg) for the southern 
zone hook-and-line component, and 575,400 lb (260,997 kg) for the 
southern zone gillnet component. The current total commercial hook-and-
line ACL for the entire Gulf for the 2022-2023 fishing year is 
2,164,600 lb (981,846 kg). Using the current commercial zone 
allocations, this final rule revises the western zone quota to 
1,244,160 lb (564,341 kg) for the 2022-2023 fishing year, and 1,278,720 
lb (580,017 kg) for 2023-2024 fishing year and subsequent fishing 
years. The northern zone quota will be 559,872 lb (253,954 kg) for the 
2022-2023 fishing year and 575,424 lb (261,008 kg) for the 2023-2024 
fishing year and subsequent fishing years. The southern zone hook-and-
line component quota will be 653,184 lb (296,279 kg) for the 2022-2023 
fishing year, and 671,328 lb (304,509 kg) for the 2023-2024 fishing 
year and subsequent years. The southern zone gillnet component quota 
will be 653,184 lb (296,279 kg) for the 2022-2023 fishing year, and 
671,328 lb (304,509 kg) for the 2023-2024 fishing year and subsequent 
fishing years. The total commercial hook-and-line ACL (entire Gulf) 
will be 2,457,216 lb (1,114,574 kg) for the 2022-2023 fishing year, and 
2,525,472 lb (1,145,535 kg) for the 2023-2024 fishing year and 
subsequent fishing years.

Management Measures in Framework Amendment 11 Not Codified Through This 
Final Rule

OFL and ABC

    As previously discussed, the current OFL and ABC for Gulf king 
mackerel of 8,950,000 lb (4,059,652 kg) and 8,550,000 lb (3,878,214 
kg), respectively, are based on the Gulf Council's SSC's 
recommendations from SEDAR 38, which used recreational landings 
estimates from MRIP-CHTS. In Framework Amendment 11, the Gulf Council 
will adopt new OFLs and ABCs based on the SSC's recommendations from 
the results of the SEDAR 38 Update, which used MRIP-FES recreational 
landings estimates. The new OFLs will be 11,050,000 lb (5,012,196 kg) 
for 2022, and 11,180,000 lb (5,071,163 kg) for 2023 and subsequent 
years. The new ABCs will be 9,720,000 lb (4,408,918 kg) for 2022, and 
9,990,000 lb (4,531,388 kg) for 2023 and subsequent years.

Comments and Responses

    NMFS received one comment on the proposed rule for Framework 
Amendment 11. That comment was in support of the actions in Framework 
Amendment 11 and the proposed rule. There have been no changes to the 
proposed rule based on public comment.

Classification

    Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator has determined that this final rule is 
consistent with Framework Amendment 11, the CMP FMP, other provisions 
of the Magnuson-Stevens Act, and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Magnuson-Stevens Act provides the legal 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. This 
final rule contains no information collection requirements under the 
Paperwork Reduction Act of 1995. A description of this final rule, why 
it is being considered, and the purposes of this final rule are 
contained in the preamble and in the SUMMARY section of 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 action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.

List of Subjects in 50 CFR Part 622

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

    Dated: December 1, 2022.
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:

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.  622.384, revise paragraphs (b)(1)(i) through (iii) to read 
as follows:


Sec.  622.384  Quotas.

* * * * *
    (b) * * *
    (1) * * *
    (i) Western zone. The quota is 1,199,360 lb (544,021 kg) for the 
2021-2022 fishing year, 1,244,160 lb (564,341 kg) for the 2022-2023 
fishing year, and 1,278,720 lb (580,018 kg) for the 2023-2024 fishing 
year and subsequent fishing years.
    (ii) Northern zone. The quota is 539,712 lb (244,809 kg) for the 
2021-2022 fishing year, 559,872 lb (253,954 kg) for the 2022-2023 
fishing year, and 575,424 lb (261,008 kg) for the 2023-2024 fishing 
year and subsequent fishing years.
    (iii) Southern zone. (A) The hook-and-line quota is 629,664 lb 
(285,611 kg) for the 2021-2022 fishing year, 653,184 lb (296,279 kg) 
for the 2022-2023 fishing year, and 671,328 lb (304,509 kg) for the 
2023-2024 and subsequent fishing years.
    (B) The run-around gillnet quota is 629,664 lb (285,611 kg) for the 
2021-2022 fishing year, 653,184 lb (296,279 kg) for the 2022-2023 
fishing year, and 671,328 lb (304,509 kg) for the 2023-2024 and 
subsequent fishing years.
* * * * *

0
3. In Sec.  622.388, revise paragraphs (a)(1)(ii) and (a)(2) to read as 
follows:

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

* * * * *
    (a) * * *
    (1) * * *
    (ii) The commercial ACL for the Gulf migratory group of king 
mackerel is 2,998,400 lb (1,360,051 kg) for the 2021-2022 fishing year, 
3,110,400 lb (1,410,854 kg) for the 2022-2023 fishing year, and 
3,196,800 lb (1,450,044 kg) for the 2023-2024 and subsequent fishing 
years. The 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 2,368,736 lb (1,074,441 kg) for the 2021-2022 fishing 
year, 2,457,216 lb (1,114,574 kg) for the 2022-2023 fishing year, and 
2,525,472 lb (1,145,535 kg) for the 2023-2024 and subsequent fishing 
years. The run-around gillnet ACL (which applies to the southern zone) 
is 629,664 lb (285,611 kg) for the 2021-2022 fishing year, 653,184 lb 
(296,279 kg) for the 2022-2023 fishing year, and 671,328 lb (304,509 
kg) for the 2023-2024 and subsequent fishing years.
* * * * *
    (2) Recreational sector. If recreational landings, as estimated by 
the SRD, reach or are projected to reach the recreational ACL of 
6,371,600 lb (2,890,109 kg) for the 2021-2022 fishing year, 6,609,600 
lb (2,998,064 kg) for the 2022-2023 fishing year, and 6,793,200 lb 
(3,081,344 kg) for the 2023-2024 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.
* * * * *
[FR Doc. 2022-26553 Filed 12-6-22; 8:45 am]
BILLING CODE 3510-22-P