[Federal Register Volume 88, Number 28 (Friday, February 10, 2023)]
[Proposed Rules]
[Pages 8785-8791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02777]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 230202-0035]
RIN 0648-BL71


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic 
Region; Amendment 34

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 regulations to implement Amendment 34 to the 
Fishery Management Plan (FMP) for the Coastal Migratory Pelagic (CMP) 
Resources of the Gulf of Mexico and Atlantic Region (CMP FMP) 
(Amendment 34), as prepared and submitted by the South Atlantic Fishery 
Management Council (South Atlantic Council) and the Gulf of Mexico 
Fishery Management Council (Gulf Council). For Atlantic migratory group 
king mackerel (Atlantic king mackerel), this proposed rule would revise 
the stock and sector annual catch limits (ACL), and the recreational 
bag and possession limits off the east coast of Florida. For both 
Atlantic king mackerel and Atlantic migratory group Spanish mackerel 
(Atlantic Spanish mackerel), this proposed rule would revise the 
landing fish intact provisions for the recreational sector. In 
addition, for Atlantic king mackerel, Amendment 34 would revise the 
acceptable biological catch (ABC), annual optimum yield (OY), and 
sector allocations. The purpose of this proposed rule and Amendment 34 
is to revise the catch limits based on a recent stock assessment and 
revise sector allocations for Atlantic king mackerel based on the best 
scientific information available and to revise management measures for 
Atlantic king and Spanish mackerel.

DATES: Written comments must be received on or before March 13, 2023.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``NOAA-NMFS-2022-0108,'' by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter ``NOAA-NMFS-2022-0108'', in the Search 
box. Click the ``Comment'' icon, complete the required fields, and 
enter or attach your comments.
     Mail: Submit written comments to Mary Vara, Southeast 
Regional Office, NMFS, 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), 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).
    Electronic copies of Amendment 34, which includes a fishery impact 
statement and a regulatory impact review, may be obtained from the 
Southeast Regional Office website at https://www.fisheries.noaa.gov/action/amendment-34-catch-level-and-allocation-adjustments-and-management-measures-atlantic-king.

FOR FURTHER INFORMATION CONTACT: Mary Vara, telephone: 727-824-5305, or 
email: [email protected].

SUPPLEMENTARY INFORMATION: Under the CMP FMP, the South Atlantic and 
Gulf Councils (Councils) jointly manage fishing for king mackerel and 
Spanish mackerel in Federal waters from Texas through New York (to the 
intersection point of Connecticut, Rhode Island, and New York). 
Atlantic king mackerel and Atlantic Spanish mackerel are managed under 
the CMP FMP in Federal waters of the Atlantic from New York to the 
Miami-Dade/Monroe County, Florida, boundary. The Atlantic migratory 
groups of king mackerel and Spanish mackerel are further divided into 
the northern and southern zones separated by a line extending from the 
North Carolina/South Carolina border. The CMP FMP was prepared by the 
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).
    All weights in this proposed rule are in round and eviscerated 
weight combined, unless otherwise specified.

Background

    The Magnuson-Stevens Act requires that NMFS and regional fishery 
management councils prevent overfishing and achieve, on a continuing 
basis, the OY from federally managed fish stocks. These mandates are 
intended to ensure that fishery resources are managed for the greatest 
overall benefit to the nation, particularly with respect to providing 
food production and recreational opportunities, and protecting marine 
ecosystems. To further this goal, the Magnuson-Stevens Act requires 
fishery managers to minimize bycatch and bycatch mortality to the 
extent practicable.
    The Atlantic king mackerel ABC is apportioned between the northern 
and southern zones. Under the current framework procedures in the CMP 
FMP, the South Atlantic Council is responsible for specifying 
management measures for Atlantic king mackerel and Atlantic Spanish 
mackerel.
    The most recent Southeast Data, Assessment and Review (SEDAR) stock 
assessment for Atlantic king mackerel was completed in April 2020 
(SEDAR 38 Update 2020). The fishing year for Atlantic king mackerel is 
from March through February. The assessment update incorporated 5 years 
of additional data through the 2017-2018 fishing year (March 2017 
through February 2018). The assessment indicated that Atlantic king 
mackerel was not overfished or undergoing overfishing. The South 
Atlantic Council's Scientific and Statistical Committee (SSC) reviewed 
the SEDAR 38 Update (2020) at their April 2020 meeting and determined 
that the assessment was conducted using the best scientific information 
available and was adequate for determining stock status and supporting 
fishing level recommendations.
    Additionally, the findings of SEDAR 38 Update (2020) showed that 
recreational and commercial landings, and catch per unit effort, all 
showed an increasing trend in biomass. The SEDAR 38 Update (2020) 
incorporated the revised estimates for recreational catch from the 
Marine Recreational Information Program (MRIP) Fishing Effort Survey 
(FES). In 2018, MRIP replaced the fishing effort estimates from the 
MRIP Coastal Household Telephone Survey (CHTS) with those from the FES. 
MRIP-FES is considered

[[Page 8786]]

to be a more reliable estimate of recreational effort by the Councils 
and their SSCs and NMFS, and more robust compared to the MRIP-CHTS 
method. Total recreational fishing effort estimates generated from 
MRIP-FES are generally greater than MRIP-CHTS estimates, and those 
higher effort estimates necessarily increase the recreational landings 
estimates. This difference in the estimates is because MRIP-FES is 
designed to more accurately measure fishing activity, not because there 
was a sudden increase in fishing effort.
    Based on the results of the SEDAR 38 Update (2020), the South 
Atlantic Council's SSC updated their Atlantic king mackerel catch level 
recommendations to increase harvest. The South Atlantic Council 
developed Amendment 34 in response to the results of the SEDAR 38 
Update (2020) and their SSC's recommendations. However, the current and 
proposed overfishing limits (OFL), ABC, and ACLs are not directly 
comparable because they are based on different assessments and the 
updated assessment includes changes in the recreational catch estimates 
based on new MRIP-FES methodology.
    In addition to the revisions to the stock (total) ACL, sector ACLs, 
and recreational annual catch target (ACT), the South Atlantic Council 
is proposing modifications to Atlantic king mackerel management 
measures to allow for recreational and commercial harvest at the 
proposed fishing levels. The proposed rule would increase the 
recreational bag and possession limits for Atlantic king mackerel in 
the Exclusive Economic Zone (EEZ) off the east coast of Florida. The 
proposed rule would also modify the recreational requirement for 
Atlantic king mackerel and Spanish mackerel to be landed with heads and 
fins intact. This would allow for damaged Atlantic king mackerel and 
Atlantic Spanish mackerel caught under the recreational bag limit and 
that comply with the minimum size limits, to be possessed, and 
offloaded ashore.
    The South Atlantic Council determined that the actions in Amendment 
34 would achieve OY while minimizing, to the extent practicable, 
adverse social and economic effects.

Management Measures Contained in This Proposed Rule

    This proposed rule would revise the Atlantic king mackerel stock 
(total) ACLs, sector ACLs, recreational ACT, commercial zone ACLs, and 
commercial southern zone seasonal ACLs based on the results of SEDAR 38 
Update (2020) and the revised MRIP-FES estimates. Additionally, the 
proposed rule would revise the recreational bag and possession limits 
off the east coast of Florida for Atlantic king mackerel, and modify 
the recreational requirement for Atlantic king mackerel and Atlantic 
Spanish mackerel to be landed with heads and fins intact.

Atlantic King Mackerel Stock ACLs

    As implemented through Amendment 26 to the CMP FMP (82 FR 17387, 
May 11, 2017), the current OY and stock ACL (total ACL) for Atlantic 
king mackerel are equal to the ABC of 12,700,000 lb (5,760,623 kg). In 
Amendment 34, the ABC would be revised based on the results of the 
SEDAR 38 Update (2020) and the revised MRIP-FES estimates, and set the 
stock ACL and annual OY equal to each other.
    Amendment 34 and this proposed rule would revise the stock ACL and 
annual OY for Atlantic king mackerel and set these values equal to 95 
percent of the ABC. The revised stock ACL would be 31,160,000 lb 
(14,133,938 kg) for the 2022-2023 fishing year; 26,980,000 lb 
(12,237,922 kg) for the 2023-2024 fishing year; 24,130,000 lb 
(10,945,184 kg) for the 2024-2025 fishing year; 22,135,000 lb 
(10,040,267 kg) for the 2025-2026 fishing year; and 20,710,000 lb 
(9,393,898 kg) for the 2026-2027 fishing year and subsequent fishing 
years.

Atlantic King Mackerel Sector Allocations and ACLs

    Amendment 34 and this proposed rule would revise the Atlantic king 
mackerel stock ACL as it is allocated between the recreational and 
commercial sectors. The Atlantic king mackerel stock ACL is allocated 
at 62.9 percent to the recreational sector and 37.1 percent to the 
commercial sector. This allocation was established in 1985 through 
Amendment 1 to the CMP FMP, using the average proportion of landings 
for the longest time series where both recreational and commercial 
landings data were available (50 FR 34840, August 28, 1985). Applying 
this allocation to the current stock ACL for Atlantic king mackerel of 
12,700,000 lb (5,760,623 kg) results in 8,000,000 lb (3,628,739 kg) to 
the recreational sector (recreational ACL) and 4,700,000 lb (2,131,884 
kg) to the commercial sector (commercial ACL). In Amendment 34, the 
South Atlantic Council decided to retain the same current sector 
allocation percentages of 62.9 percent for the recreational sector and 
37.1 percent for the commercial sector, and apply this allocation to 
the new stock ACL, which incorporates the revised MRIP-FES estimates 
for recreational catch. The Council determined that this allocation 
would be fair and equitable to both the recreational and commercial 
sectors because it would allow both sectors room to expand their 
harvest without risking either sector meeting or exceeding their sector 
annual catch limit.
    Under this proposed rule, the revised recreational ACLs would be 
19,599,640 lb (8,890,247 kg) for the 2022-2023 fishing year; 16,970,420 
lb (7,697,653 kg) for the 2023-2024 fishing year; 15,177,770 lb 
(6,884,521 kg) for the 2024-2025 fishing year; 13,922,915 lb (6,315,328 
kg) for the 2025-2026 fishing year; and 13,026,590 lb (5,908,762 kg) 
for the 2026-2027 fishing year and subsequent fishing years. The South 
Atlantic Council acknowledged that the recreational sector has not met 
their quota in recent years but determined that the increase in 
poundage for the recreational sector may result in positive social 
benefits associated with the potential for increased harvest. The 
recreational sector does not have in-season accountability measures 
(AMs) in place but does have post-season AMs to address any overages of 
the recreational ACL. However, based on the new MRIP-FES recreational 
landings, none of the proposed recreational ACLs are expected to be 
reached.
    Under this proposed rule, the commercial ACLs would be 11,560,360 
lb (5,243,691 kg) for the 2022-2023 fishing year; 10,009,580 lb 
(4,540,269 kg) for the 2023-2024 fishing year; 8,952,230 lb (4,060,663 
kg) for the 2024-2025 fishing year; 8,212,085 lb (3,724,939 kg) for the 
2025-2026 fishing year; and 7,683,410 lb (3,485,136 kg) for the 2026-
2027 fishing year and subsequent fishing years. Similar to the 
recreational sector, the commercial sector has not met their quota in 
recent years. The South Atlantic Council determined that the increase 
in poundage for the commercial sector may also result in positive 
social benefits associated with the potential for increased harvest. 
The commercial sector for Atlantic king mackerel has in-season AMs in 
place to prevent the commercial ACL from being exceeded and post-season 
AMs, based on stock status, to address any overages of the commercial 
ACL. However, based on commercial landings for the fishing years of 
2015-2016 through 2019-2020, none of the proposed commercial ACLs are 
expected to be reached.

[[Page 8787]]

Atlantic King Mackerel Commercial Zone ACLs

    In addition to sector allocations, the commercial sector is divided 
into a northern and southern zone, with the commercial ACL further 
allocated between the two zones. The South Atlantic Council decided not 
to modify those zone allocations in Amendment 34 based on 
recommendations from their Mackerel Cobia Advisory Panel (AP) that the 
current zone allocations are functioning well. The northern zone (from 
the New York/Connecticut/Rhode Island line to the North Carolina/South 
Carolina line) is allocated 23.04 percent of the commercial ACL and the 
southern zone (North Carolina/South Carolina line to the Miami-Dade/
Monroe County, Florida, line) is allocated 76.96 percent of the 
commercial ACL. In addition, there is an allowed incidental commercial 
harvest of Atlantic king mackerel by purse seine gear that is limited 
to 0.40 million lb (0.18 million kg) per fishing year. The current 
commercial sector ACL zone allocations and the purse seine allocation 
would not change in Amendment 34.
    The current northern zone commercial quota is 1,082,880 lb (491,186 
kg). Based on the revised stock and commercial ACLs, under this 
proposed rule the commercial northern zone ACL (quota) would be 
2,663,507 lb (1,208,146 kg) for the 2022-2023 fishing year; 2,306,207 
lb (1,046,078 kg) for the 2023-2024 fishing year; 2,062,594 lb (935,577 
kg) for the 2024-2025 fishing year; 1,892,064 lb (858,226 kg) for the 
2025-2026 fishing year; and 1,770,258 lb (802,976 kg) for the 2026-2027 
and subsequent fishing years.
    The current southern zone commercial ACL (quota) is 3,617,120 lb 
(1,640,698 kg). Under this proposed rule the southern zone commercial 
ACL (quota) would be 8,896,853 lb (4,035,545 kg) for the 2022-2023 
fishing year; 7,703,373 lb (3,494,191 kg) for the 2023-2024 fishing 
year; 6,889,636 lb (3,125,086 kg) for the 2024-2025 fishing year; 
6,320,021 lb (2,866,713 kg) for the 2025-2026 fishing year; and 
5,913,152 lb (2,682,161 kg) for the 2026-2027 and subsequent fishing 
years. The proposed revised commercial northern and southern zone ACLs 
for Atlantic king mackerel are all greater than the observed landings 
in recent years. Based on the average commercial landings from 2015-
2016 through 2019-2020, future landings would be expected to continue 
to be less than the proposed commercial zone ACLs, and are not expected 
to be constraining on harvest or alter fishing activity.

Atlantic King Mackerel Commercial Southern Zone Seasonal Quotas

    The commercial fishing year for Atlantic king mackerel is March 
through February, and the commercial ACL for the southern zone is 
divided between two seasons. Season 1 is March 1 through September 30, 
and Season 2 is October 1 through the end of February. Season 1 is 
allocated 60 percent of the Atlantic king mackerel commercial ACL for 
the southern zone and Season 2 is allocated 40 percent. The current 
quota for Season 1 is 2,170,272 lb (984,419 kg) and the quota for 
Season 2 is 1,446,848 lb (656,279 kg).
    Based on the revised stock, commercial, and commercial southern 
zone ACLs in Amendment 34, the commercial southern zone quota for 
Season 1 would be 5,338,112 lb (2,421,327 kg) for the 2022-2023 fishing 
year, 4,622,024 lb (2,096,515 kg) for the 2023-2024 fishing year; 
4,133,782 lb (1,875,052 kg) for the 2024-2025 fishing year; 3,792,012 
lb (1,720,028 kg) for the 2025-2026 fishing year; and 3,547,891 lb 
(1,609,296 kg) for the 2026-2027 fishing year and subsequent fishing 
years. The commercial southern zone quota for Season 2 would be 
3,558,741 lb (1,614,218 kg) for the 2022-2023 fishing year; 3,081,349 
lb (1,397,676 kg) for the 2023-2024 fishing year; 2,755,854 lb 
(1,250,034 kg) for the 2024-2025 fishing year; 2,528,008 lb (1,146,685 
kg) for the 2025-2026 fishing year; and 2,365,261 lb (1,072,864 kg) for 
the 2026-2027 fishing year and subsequent fishing years. The proposed 
commercial southern zone seasonal quotas for Atlantic king mackerel are 
all greater than the observed landings in recent years. Based on the 
average commercial landings from 2015-2016 through 2019-2020, landings 
would be expected to continue to be less than the proposed commercial 
southern zone seasonal quotas, and are not expected to be constraining 
on harvest or alter fishing activity.

Atlantic King Mackerel Recreational ACTs

    The Atlantic king mackerel recreational ACT was first established 
in Amendment 18 to the CMP FMP (76 FR 82057, December 29, 2011) using 
the equation recreational ACL*((1-Proportional Standard Error (PSE)) or 
0.5, whichever is greater). Recreational ACTs for Atlantic king 
mackerel are utilized in triggering the post-season recreational AMs. 
For the Atlantic king mackerel post-season AM, if recreational landings 
exceed the ACL, and the sum of the commercial and recreational landings 
exceed the stock ACL, a reduced bag limit would be implemented the 
following fishing year by the amount necessary to ensure the 
recreational landings may achieve the recreational ACT, but do not 
exceed the recreational ACL. Additionally, if the sum of the commercial 
and recreational landings exceeds the stock ACL and Atlantic king 
mackerel are overfished, the recreational ACL and ACT may be reduced 
for the following year by the amount of any recreational sector overage 
in the prior fishing year. Because the post-season recreational AM has 
not been triggered in the past, and the SEDAR 38 Update (2020) 
indicates that the Atlantic king mackerel is not overfished, sector 
ACLs and the recreational ACT can be increased without having negative 
effects on the sustainability of the stock and are not expected to 
trigger post-season recreational AMs. In Amendment 18 and past CMP 
amendments, the South Atlantic Council has chosen to use the 5-year 
average PSE because it better represents the precision of recent catch 
estimates than the 3-year average. The current recreational ACT of 
7,400,000 lb (3,356,584 kg) is derived from the current ABC and 
recreational ACL. Amendment 34 and this proposed rule would maintain 
the formula for determining the recreational ACTs, but the PSE values 
used in the formula have been updated to reflect the revised 
recreational landings that are based on the MRIP's newer FES method, 
and the revised stock ACL and recreational ACL. The 5-year average PSE 
for the recreational data was 0.137. Using the current formula to 
calculate the recreational ACT, the resulting recreational ACT would be 
equal to the recreational ACL multiplied by (1-0.137), or 0.863, 
setting the recreational ACT at 86.3 percent of the recreational ACL.
    Based on the revised stock and recreational ACLs in Amendment 34, 
the recreational ACT would be 16,914,489 lb (7,672,283 kg) for the 
2022-2023 fishing year; 14,645,472 lb (6,643,074 kg) for the 2023-2024 
fishing year; 13,098,416 lb (5,941,342 kg) for the 2024-2025 fishing 
year; 12,015,476 lb (5,450,128 kg) for the 2025-2026 fishing year; and 
11,241,947 lb (5,099,261 kg) for the 2026-2027 fishing year and 
subsequent fishing years.

Atlantic King Mackerel Recreational Bag and Possession Limits

    This proposed rule would revise the recreational bag and possession 
limits in the EEZ off the east coast of Florida. The current 
recreational daily bag limit for Atlantic king mackerel in both Federal 
and state waters off the east coast of

[[Page 8788]]

Florida is two fish per person. However, the recreational daily bag 
limit is three fish per person in the rest of the Gulf, South Atlantic, 
and Mid-Atlantic Federal waters. Fishermen and Mackerel Cobia AP 
members have requested that the Councils increase the bag limit for 
Federal waters off of the Florida east coast to three fish per person, 
to match the bag limit within the rest of the management area. 
Increasing the bag limit in Federal waters off the east coast of 
Florida would allow recreational fishermen throughout the South 
Atlantic Council's management jurisdiction the opportunity to harvest 
the same amount of Atlantic king mackerel. Additionally, the 
recreational sector has not been reaching their ACL, and the South 
Atlantic Council anticipates that an increased recreational ACL 
combined with an increased bag limit will help increase harvest.

Recreational Atlantic King Mackerel and Atlantic Spanish Mackerel 
Landing Fish Intact

    Currently, Atlantic king mackerel and Atlantic Spanish mackerel 
recreational fishermen must land recreationally harvested fish with the 
head and fins intact. As described at 50 CFR 622.381(b), commercial 
Atlantic king mackerel and Atlantic Spanish mackerel fisherman are 
allowed to land these fish without the head and fins intact (cut-off/
damaged) provided the remaining portion of the fish complies with the 
minimum size limit. The commercial provision for cut-off fish was 
implemented through Amendment 9 to the CMP FMP (65 FR 16336, March 28, 
2000) because of increasing interactions with sharks or barracudas 
resulting in Atlantic king mackerel and Atlantic Spanish mackerel 
having their tails bitten off before they could be landed. In response 
to similar concerns from the recreational sector about interactions 
with sharks or barracudas resulting in Atlantic king mackerel and 
Atlantic Spanish mackerel having their tails bitten off before they 
could be landed, the Councils considered revising the landing fish 
intact requirements in Amendment 34. The Councils decided that allowing 
possession of damaged Atlantic king mackerel or Atlantic Spanish 
mackerel could be expected to minimally increase recreational harvest, 
while reducing the number of discarded fish.
    This proposed rule would allow cut-off (damaged) Atlantic king 
mackerel and Atlantic Spanish mackerel caught under the recreational 
bag limit and that comply with the minimum size limits, to be 
possessed, and offloaded ashore. Additionally, this proposed rule 
revises the definition of ``damaged fish'' to refer to king or Spanish 
mackerel that are damaged only through natural predation.

Management Measures in Amendment 34 Not Codified Through This Proposed 
Rule

OFL and ABC

    The current OFL and ABC for Atlantic king mackerel are 15,200,000 
lb (6,894,604 kg) and 12,700,000 lb (5,760,623 kg), respectively, 
implemented through Amendment 26 to the CMP FMP (82 FR 17387, May 11, 
2017). These catch limits are based on the SEDAR 38 (2014) stock 
assessment that used recreational landings estimates generated using 
the Marine Recreational Fishery Statistics Survey estimation methods 
and the MRIP-CHTS. Amendment 34 would adopt the new OFL and ABC based 
on the results of the SEDAR 38 Update (2020), which used MRIP-FES 
recreational landings estimates. Thus, the current and proposed OFL and 
ABC are not directly comparable because they are based on different 
assessments and the updated assessment includes changes in the 
recreational catch estimates based on new MRIP-FES methodology.
    In Amendment 34, the OFL would be 33,900,000 lb (15,376,781 kg) for 
2022-2023; 29,400,000 lb (13,335,616 kg) for 2023-2024; 26,300,000 lb 
(11,929,479 kg) for 2024-2025; 24,200,000 lb (10,976,935 kg) for 2025-
2026; and 22,800,000 lb (10,341,906 kg) for 2026-2027 and subsequent 
years. The ABC would be 32,800,000 lb (14,877,830 kg) for 2022-2023; 
28,400,000 lb (12,882,023 kg) for 2023-2024; 25,400,000 lb (11,521,246 
kg) for 2024-2025; 23,300,000 lb (10,568,702 kg) for 2025-2026; and 
21,800,000 lb (9,888,314 kg) for 2026-2027 and subsequent years.

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 the CMP FMP, the Magnuson-Stevens Act, and other 
applicable laws, 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 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.
    The rule concerns commercial and recreational fishing for Atlantic 
migratory king mackerel in Federal waters of the Mid-Atlantic and South 
Atlantic. Anglers (recreational fishers) would be directly affected by 
this rule; however, anglers are not considered small entities as that 
term is defined in 5 U.S.C. 601(6). The rule would also directly apply 
to businesses that operate in the commercial fishing industry, and 
particularly those that operate commercial fishing vessels that harvest 
king mackerel in the Mid-Atlantic and South Atlantic EEZ. Charter 
vessels and headboats (for-hire) fishing businesses would be indirectly 
affected, and because the effects on for-hire fishing businesses are 
indirect, they fall outside the scope of the Regulatory Flexibility Act 
(RFA).
    From 2015 through 2019, an average of 99.9 percent of commercial 
landings of king mackerel were harvested from and landed in the South 
Atlantic region (Atlantic Coastal Cooperative Statistics Program data). 
Because commercial harvest from and landings in the South Atlantic are 
so predominant, the following analysis focuses on king mackerel 
harvested from the South Atlantic region and landed in a South Atlantic 
state. All monetary figures are in 2019 dollars.
    Any commercial fishing vessel that harvests king mackerel in the 
South Atlantic EEZ (or Mid-Atlantic EEZ) must have a valid Federal king 
mackerel permit specifically assigned to that vessel. A condition of 
the permit is that all landings of king mackerel harvested from either 
the EEZ or state waters must be reported. An annual average of 858 
vessels had valid Federal king mackerel permits from 2015 through 2019, 
and approximately 839 of those Federally permitted vessels had 
homeports in the South Atlantic. Approximately 81 percent (681) of the 
839 South Atlantic Federally permitted vessels had annual reported 
landings of king mackerel on average.
    An estimated 532 unique businesses operate the average 681 
Federally permitted vessels that harvest Atlantic king mackerel 
annually. These 532 businesses represent approximately 74 percent of 
the 722 unique businesses

[[Page 8789]]

located in the South Atlantic that hold the 858 Federal king mackerel 
permits.
    The average of federally permitted king mackerel vessels that 
annually land king mackerel in the South Atlantic have a total annual 
revenue of $29,232 from all landings and king mackerel accounts for 
approximately 29 percent of that average annual revenue. However, that 
average annual revenue varies by state. Annual total dockside revenue 
for the average federally permitted vessel that lands king mackerel in 
Florida and Georgia is approximately $26,446, and king mackerel 
accounts for approximately 35 percent of total dockside revenue. The 
average permitted vessel with landings of king mackerel in North 
Carolina and South Carolina has annual total dockside revenue of 
$28,651 and $83,633, respectively. King mackerel accounts for 
approximately 21 percent of average annual total revenue of the average 
permitted vessel that lands king mackerel in North Carolina and 
approximately 3 percent for the average permitted vessel that lands 
king mackerel in South Carolina.
    NMFS expects all of the estimated 532 businesses that operate the 
average annual 681 king mackerel permitted vessels that harvest 
Atlantic king mackerel operate primarily in, but not necessarily 
exclusively in, the commercial fishing industry. For RFA purposes only, 
NMFS has established a small business size standard for businesses, 
including their affiliates, whose primary industry is commercial 
fishing (see 50 Code of Federal Regulations (CFR) 200.2). A business 
primarily engaged in commercial fishing (North American Industry 
Classification System (NAICS) code 11411) is classified as a small 
business if it is independently owned and operated, is not dominant in 
its field of operation (including affiliates) and has combined annual 
receipts not in excess of $11 million for all its affiliated operations 
worldwide. As stated above, the average annual total revenue for the 
average permitted vessel that reports landings of Atlantic king 
mackerel is substantially less than $11 million. Moreover, additional 
analysis indicates none of the estimated 532 businesses have combined 
revenues that reach that figure. Therefore, all of the 532 businesses 
that operate commercial vessels that annually harvest king mackerel in 
the South Atlantic EEZ are small.
    This proposed rule is composed of five actions. Three of the 
actions concern recreational fishing only and for reasons stated above 
their impacts are not relevant to this analysis. Action 1 in Amendment 
34 would revise the ABC and total ACL (commercial and recreational) for 
Atlantic king mackerel. Action 1 would increase the total ACL. The 
increase would be 18,460,000 lb (8,373,315 kg) in the 2022/2023 fishing 
year, then lessen each year following until the increase is 8,010,000 
lb (3,633,275 kg) in the 2026-2027 and subsequent fishing years. The 
impact of this action on small commercial fishing businesses is 
dependent on Action 2 (sector allocation).
    Action 2 would retain the current allocation of 37.1 percent of the 
total ACL to the commercial sector and the remaining 62.9 percent to 
the recreational sector. Action 2 combined with Action 1 would increase 
the commercial ACL by 6,860,360 lb (3,111,807 kg) in the 2022-2023 
fishing year, then lessen each year thereafter until the increase in 
the commercial ACL is 2,983,401 lb (1,353,248 kg) in 2026-2027 and 
beyond fishing years.
    The increased commercial ACL would allow for increased Atlantic 
king mackerel landings, which could benefit the average annual 681 
permitted vessels that harvest Atlantic king mackerel and the 532 small 
businesses that operate these vessels. With an average dockside price 
of $2.30 per lb, the maximum annual potential benefit to the combined 
small businesses, assuming they account for all king mackerel ACL 
landings, would be annual increases in dockside revenue from Atlantic 
king mackerel landings that would range from approximately $6.86 
million to $15.78 million. That, however, is a potential benefit only 
because status quo commercial landings have been less than the status 
quo commercial ACL. Commercial landings would have to increase in the 
future beyond the status quo ACL to benefit from the proposed increases 
in the commercial ACL.
    The commercial ACL for Atlantic king mackerel is divided into two 
zones, each with its own quota. The northern zone is allocated 23.04 
percent of the commercial ACL while the southern zone is allocated the 
remaining 76.96 percent of the commercial ACL. Under combined Actions 1 
and 2, the zone allocations would not change, but the quotas for both 
zones would increase with the increase in the commercial ACL. Although 
both zones' status quo landings have been less than their respective 
status quo quotas, there is the potential benefit of increased landings 
in either or both zones in the future because the quotas would 
increase.
    Since 2020-2021, the fishing year for the southern zone has been 
divided into two seasons: Season 1 (March 1-September 30) and Season 2 
(October 1-end of February), with 60 percent of the southern zone quota 
allocated to Season 1 and the remaining 40 percent being allocated to 
Season 2. During the 2020-2021 and 2021-2022 fishing years, landings of 
Atlantic king mackerel in Season 1 and Season 2 were less than the 
seasonal quotas. Hence, the increases in the southern zone seasonal 
quotas under combined Actions 1 and 2 are not expected to have any 
beneficial impact on small businesses that harvest Atlantic king 
mackerel in the southern zone during either Season 1 or Season 2. 
Nonetheless, there is the potential future benefit that comes from 
increases in the seasonal quotas.
    In summary, the proposed rule is expected to have no adverse or 
beneficial impact on small businesses. However, the increases in the 
commercial ACL and the corresponding increases in the zone quotas and 
southern zone seasonal quotas, would generate potential future 
beneficial impacts.
    Action 5 would change the definition of a damaged Atlantic king or 
Atlantic Spanish mackerel. Currently, it is equated with a cut-off 
fish, and that has created confusion, particularly in the recreational 
sector. The proposed action would remove ``cut-off,'' while adding that 
a damaged fish refers to a Atlantic king mackerel or Atlantic Spanish 
mackerel that is damaged only through natural predation. Current 
commercial requirements concerning landing fish intact and damaged fish 
would be retained. As such, Action 5 is an administrative action 
concerning the commercial sector and any impact would be indirect.
    From the above it is concluded that the 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.
    Because no new reporting or record-keeping requirements are 
introduced by this proposed rule, the Paperwork Reduction Act does not 
apply to this proposed rule.

List of Subjects in 50 CFR Part 622

    Annual catch limits, Atlantic, Bag and possession limits, 
Fisheries, Fishing, King mackerel, Spanish mackerel.


[[Page 8790]]


    Dated: February 2, 2023.
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.


Sec.  622.19  [Amended]

0
2. In Sec.  622.19, remove and reserve paragraph (b)(1).
0
3. In Sec.  622.381, revise paragraphs (a) and (b) to read as follows:


Sec.  622.381  Landing fish intact.

    (a) Intact fish requirement. Cobia in or from the Gulf and in the 
South Atlantic EEZ south of a line extending due east from the Florida/
Georgia border, and king mackerel and Spanish mackerel in or from the 
Gulf, Mid-Atlantic, or South Atlantic EEZ, except as specified for king 
mackerel and Spanish mackerel in paragraph (b) of this section, must be 
maintained with head and fins intact. Such fish may be eviscerated, 
gilled, and scaled, but must otherwise be maintained in a whole 
condition. The operator of a vessel that fishes in the EEZ is 
responsible for ensuring that fish on that vessel in the EEZ are 
maintained intact and, if taken from the EEZ, are maintained intact 
through offloading ashore, as specified in this section.
    (b) Damaged king or Spanish mackerel--(1) Commercial. Damaged king 
or Spanish mackerel in the Gulf, Mid-Atlantic, and South Atlantic EEZ 
that comply with the minimum size limits in Sec.  622.380(b) and (c), 
respectively, and the trip limits in Sec.  622.385(a) and (b), 
respectively, may be possessed in the Gulf, Mid-Atlantic, or South 
Atlantic EEZ on, and offloaded ashore from, a vessel that is operating 
under the respective trip limits. Such damaged fish also may be sold. A 
maximum of five additional damaged king mackerel, not subject to the 
size limits or trip limits, may be possessed or offloaded ashore but 
may not be sold or purchased and are not counted against the trip 
limit. For the purposes of this paragraph (b)(1), damaged fish, refers 
to king or Spanish mackerel that are damaged only through natural 
predation.
    (2) Recreational. Damaged king or Spanish mackerel in the Mid-
Atlantic and South Atlantic EEZ that comply with the minimum size 
limits Sec.  622.380(b) and (c), respectively, and the recreational bag 
and possession limits in Sec.  622.382(a), may be possessed in the Mid-
Atlantic or South Atlantic EEZ on, and offloaded ashore from, a vessel 
that is operating under the respective bag and possession limits. For 
the purposes of this paragraph (b)(2), damaged fish, refers to king or 
Spanish mackerel that are damaged only through natural predation.
0
4. In Sec.  622.382, revise paragraph (a)(1)(i) to read as follows:


Sec.  622.382  Bag and possession limits

* * * * *
    (a) * * *
    (1) * * *
    (i) Atlantic migratory group king mackerel--3.
* * * * *
0
5. In Sec.  622.384, revise introductory paragraph (b)(2), and 
paragraphs (b)(2)(i) and (b)(2)(ii) to read as follows:


Sec.  622.384  Quotas.

* * * * *
    (b) * * *
    (2) Atlantic migratory group. The Atlantic migratory group is 
divided into northern and southern zones. The descriptions of the zones 
are specified in Sec.  622.369(a). Quotas for the northern and southern 
zones are as follows:
    (i) Northern zone. The quota is 2,663,507 lb (1,208,146 kg) for the 
2022-2023 fishing year, 2,306,207 lb (1,046,078 kg) for the 2023-2024 
fishing year, 2,062,594 lb (935,577 kg) for the 2024-2025 fishing year, 
1,892,064 lb (858,226 kg) for the 2025-2026 fishing year, and 1,770,258 
lb (802,976 kg) for the 2026-2027 and subsequent fishing years. No more 
than 0.40 million lb (0.18 million kg) may be harvested by purse seine 
gear.
    (ii) Southern zone. The quota is 8,896,853 lb (4,035,545 kg) for 
the 2022-2023 fishing year, 7,703,373 lb (3,494,191 kg) for the 2023-
2024 fishing year, 6,889,636 lb (3,125,086 kg) for the 2024-2025 
fishing year, 6,320,021 lb (2,866,713 kg) for the 2025-2026 fishing 
year, and 5,913,152 lb (2,682,161 kg) for the 2026-2027 and subsequent 
fishing years.
    (A) For the period March 1 through September 30, each year, the 
seasonal quota is 5,338,112 lb (2,421,327 kg) for the 2022-2023 fishing 
year, 4,622,024 lb (2,096,515 kg) for the 2023-2024 fishing year, 
4,133,782 lb (1,875,052 kg) for the 2024-2025 fishing year, 3,792,012 
lb (1,720,028 kg) for the 2025-2026 fishing year, and 3,547,891 lb 
(1,609,296 kg) for the 2026-2027 fishing year and subsequent fishing 
years.
    (B) For the period October 1 through the end of February each year, 
the seasonal quota is 3,558,741 lb (1,614,218 kg) for the 2022-2023 
fishing year, 3,081,349 lb (1,397,676 kg) for the 2023-2024 fishing 
year, 2,755,854 lb (1,250,034 kg) for the 2024-2025 fishing year, 
2,528,008 lb (1,146,685 kg) for the 2025-2026 fishing year, and 
2,365,261 lb (1,072,864 kg) for the 2026-2027 fishing year and 
subsequent fishing years.
    (C) Any unused portion of the quota specified in paragraph 
(b)(2)(ii)(A) of this section will be added to the quota specified in 
paragraph (b)(2)(ii)(B) of this section. Any unused portion of the 
quota specified in paragraph (b)(2)(ii)(B) of this section, including 
any addition of quota specified in paragraph (b)(2)(ii)(A) of this 
section that was unused, will become void at the end of the fishing 
year and will not be added to any subsequent quota.
* * * * *
0
6. In Sec.  622.388, revise paragraphs (b)(1)(iii), (b)(2)(i), and 
(b)(3) to read as follows:


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

* * * * *
    (b) * * *
    (1) * * *
    (iii) The commercial ACL for the Atlantic migratory group of king 
mackerel is 11,560,360 lb (5,243,691 kg) for the 2022-2023 fishing 
year, 10,009,580 lb (4,540,269 kg) for the 2023-2024 fishing year, 
8,952,230 lb (4,060,663 kg) for the 2024-2025 fishing year, 8,212,085 
lb (3,724,939 kg) for the 2025-2026 fishing year, and 7,683,410 lb 
(3,485,136 kg) for the 2026-2027 fishing year and subsequent fishing 
years.
    (2) Recreational sector.
    (i) If the recreational landings exceed the recreational ACL as 
specified in this paragraph and the sum of the commercial and 
recreational landings, as estimated by the SRD, exceeds the stock ACL, 
as specified in paragraph (b)(3) of this section, the AA will file a 
notification with the Office of the Federal Register, at or near the 
beginning of the following fishing year to reduce the bag limit by the 
amount necessary to ensure recreational landings may achieve the 
recreational ACT, but do not exceed the recreational ACL, in the 
following fishing year. The recreational ACL is 19,599,640 lb 
(8,890,247 kg) for the 2022-2023 fishing year, 16,970,420 lb (7,697,653 
kg) for the 2023-2024 fishing year, 15,177,770 lb (6,884,521 kg) for 
the 2024-2025 fishing year, 13,922,915 lb (6,315,328 kg) for the

[[Page 8791]]

2025-2026 fishing year, and 13,026,590 lb (5,908,762 kg) for the 2026-
2027 fishing year and subsequent fishing years. The recreational ACT is 
16,914,489 lb (7,672,283 kg) for the 2022-2023 fishing year, 14,645,472 
lb (6,643,074 kg) for the 2023-2024 fishing year, 13,098,416 million lb 
(5,941,342 kg) for the 2024-2025 fishing year, 12,015,476 lb (5,450,128 
kg) for the 2025-2026 fishing year, and 11,241,947 lb (5,099,261 kg) 
for the 2026-2027 fishing year and subsequent fishing years.
* * * * *
    (3) The stock ACL for Atlantic migratory group king mackerel is 
31,160,000 lb (14,133,938 kg) for the 2022-2023 fishing year, 
26,980,000 lb (12,237,922 kg) for the 2023-2024 fishing year, 
24,130,000 lb (10,945,184 kg) for the 2024-2025 fishing year, 
22,135,000 lb (10,040,267 kg) for the 2025-2026 fishing year, and 
20,710,000 lb (9,393,898 kg) for the 2026-2027 fishing year and 
subsequent fishing years.
* * * * *
[FR Doc. 2023-02777 Filed 2-9-23; 8:45 am]
BILLING CODE 3510-22-P