[Federal Register Volume 88, Number 89 (Tuesday, May 9, 2023)]
[Rules and Regulations]
[Pages 29843-29848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09697]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 230502-0116]
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: Final rule.
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SUMMARY: NMFS issues 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 final rule revises 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 final rule revises the landing fish intact
provisions for the recreational sector. In addition, for Atlantic king
mackerel, Amendment 34 revises the acceptable biological catch (ABC)
and annual optimum yield (OY). The purpose of this final rule and
Amendment 34 is to revise the catch limits based on a recent stock
assessment and the best scientific information available, and to revise
management measures for Atlantic king and Spanish mackerel.
DATES: This final rule is effective June 8, 2023.
ADDRESSES: 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 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 final 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.
On January 30, 2023, NMFS published a notice of availability for
Amendment 34 and requested public comment (88 FR 5845). On February 10,
2023, NMFS published a proposed rule for Amendment 34 and requested
public comment (88 FR 8785). NMFS approved Amendment 34 on April 25,
2023. The proposed rule and Amendment 34 outline the rationale for the
actions contained in this final rule. A summary of the management
measures described in Amendment 34 and implemented by this final rule
is described below.
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 fishing year for Atlantic king mackerel is from March
through February.
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 assessment update incorporated 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.
[[Page 29844]]
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 by the Councils,
their SSCs, and NMFS to be a more robust and reliable estimate of
recreational effort than MRIP-CHTS. 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 than MRIP-CHTS, not because there was an 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
revised 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 described above.
In addition to the revisions to the stock (total) ACL, sector ACLs,
and recreational annual catch target (ACT), the South Atlantic Council
is modifying Atlantic king mackerel management measures to allow for
harvest at the revised fishing levels. This final rule increases the
recreational bag and possession limits for Atlantic king mackerel in
the Exclusive Economic Zone (EEZ) off the east coast of Florida. This
final rule also modifies the recreational requirement for Atlantic king
mackerel and Spanish mackerel to be landed with heads and fins intact
to 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 Final Rule
This final rule revises the Atlantic king mackerel stock (total)
ACLs, sector ACLs, commercial zone ACLs, commercial southern zone
seasonal ACLs, and the recreational ACT based on the results of SEDAR
38 Update (2020) and the revised MRIP-FES estimates. Additionally, this
final rule revises the recreational bag and possession limits off the
east coast of Florida for Atlantic king mackerel, and modifies 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, these values are revised based on the results of the
SEDAR 38 Update (2020) and the revised MRIP-FES estimates, and the
stock ACL and annual OY are equal to 95 percent of the ABC. The revised
stock ACL 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.
Atlantic King Mackerel Sector Allocations and ACLs
Amendment 34 and this final rule revise the Atlantic king mackerel
stock ACL. 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 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 to increase their harvest without
either sector meeting or exceeding their sector ACL.
Under this final rule, the revised recreational ACLs are 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 ACL
in recent years but determined that the increase in the ACL for the
recreational sector may result in positive social benefits associated
with the potential for increased harvest. The recreational sector does
not have an in-season accountability measure (AM) 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
revised recreational ACLs are expected to be reached.
Under this final rule, the commercial ACLs are 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 ACL in recent years. The South
Atlantic Council determined that the increase in the ACL 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 an in-season AM in place to
prevent the commercial ACL from being exceeded and a post-season AM,
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 revised commercial ACLs are
expected to be reached.
Atlantic King Mackerel Commercial Zone ACLs
In addition to sector allocations, the commercial sector is divided
into a
[[Page 29845]]
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) indicating 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. The northern and southern zone commercial ACLs (quotas) are
revised based on the revised stock and commercial ACLs. 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 will not change in Amendment
34.
The current northern zone commercial ACL (quota) is 1,082,880 lb
(491,186 kg). Under this final rule the commercial northern zone ACL
(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.
The current southern zone commercial ACL (quota) is 3,617,120 lb
(1,640,698 kg). Under this final rule, the southern zone commercial ACL
(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. The
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
revised commercial zone ACLs. Thus, the revised commercial zone ACLs
are not expected to constrain 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 (quota) 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 commercial southern zone ACLs in Amendment 34,
the commercial southern zone quota for Season 1 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. The commercial southern zone quota
for Season 2 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. The revised 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 are expected to continue to be less than
the revised commercial southern zone seasonal quotas. Thus, the revised
southern zone seasonal quotas are not expected to constrain 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 AMs
have 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 final rule 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 will 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 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 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 final rule revises 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 Florida is
[[Page 29846]]
two fish per person. However, the recreational daily bag limit is three
fish per person in the rest of the Gulf of Mexico (Gulf), South
Atlantic, and Mid-Atlantic Federal waters. Fishermen and Mackerel Cobia
AP members 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 in
Federal waters. Increasing the bag limit in Federal waters off the east
coast of Florida will 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
fisherman are allowed to possess and land Atlantic king mackerel and
Atlantic Spanish mackerel without the head and fins intact (cut-off or
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 decided to revise the landing fish intact
requirements in Amendment 34. The Councils determined 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 final rule allows 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 final 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 Final
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 (MRFSS) estimation
methods and the MRIP-CHTS. As previously discussed, Amendment 34 adopts
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 revised 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 is 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 is 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.
Comments and Responses
NMFS received six comments from the general public and a commercial
fishing organization during the public comment period on the notice of
availability and proposed rule for Amendment 34. NMFS agrees with the
three comments in favor of the actions in Amendment 34 and the proposed
rule. One comment was outside the scope of Amendment 34 and the
proposed rule. Comments that opposed the actions contained in Amendment
34 and the proposed rule are summarized below, along with NMFS'
responses.
Comment 1: The recreational bag limit should not be increased to
three fish per person, and should remain at two fish per person. The
current recreational bag limit provides plenty of food, as king
mackerel are a large fish with a high yield so it would be a waste of
the resource to allow more fish to be caught by the recreational
sector.
Response: NMFS disagrees that the recreational bag limit should not
be increased to three fish per person in Federal waters off the east
coast of Florida. The recreational bag limit off the east coast of
Florida is two fish per person, while the rest of the Gulf of Mexico,
South Atlantic, and Mid-Atlantic region has a bag limit of three fish
per person. Raising the bag limit in Federal waters off the east coast
of Florida would create consistency in the recreational bag limit in
Federal waters and provide the same opportunity for harvest throughout
the entirety of the Atlantic king mackerel management area. The
recreational sector has not been reaching its ACL and a higher bag
limit is anticipated to help increase harvest.
In addition, increasing the recreational bag limit is expected to
provide positive economic and social effects without substantial
effects on the stock. The most recent stock assessment, SEDAR 38 Update
(2020), indicates that Atlantic king mackerel is not overfished or
undergoing overfishing, and that recreational and commercial landings
and catch per unit effort all showed an increasing trend in biomass.
The increased bag limit off the east coast of Florida is expected to
have minor effects on overall harvest since the majority of anglers are
currently only retaining one fish per person. As described in Amendment
34, recreational landings are not expected to reach the revised
recreational ACL as a result of the increased bag limit. Because ACLs
and AMs are in place to prevent overfishing, NMFS has determined that a
bag limit increase will maintain the sustainability of the stock,
reduce discards, and promote a more consistent regulatory environment
for stakeholders and enforcement agencies.
Comment 2: When compared to the current commercial allocation and
trip limits, the change to the recreational allocation and bag limits
is unfair. Additionally, there are more regulatory restrictions on the
recreational sector than there are on the commercial sector.
Response: NMFS disagrees that the recreational sector has an unfair
sector allocation and retention limits when compared to the commercial
sector. The current allocation percentages of 62.9 percent to the
recreational sector and 37.1 percent to the commercial sector were
initially set in Amendment 1 to the CMP FMP, using the average
proportion
[[Page 29847]]
of landings for the longest time series where both commercial and
recreational landings data were available, and were calculated by the
MRFSS estimation methods available at the time for recreational
landings estimates (50 FR 34840, August 28, 1985). The most recent
stock assessment, SEDAR 38 Update (2020), includes revised recreational
landings estimates that are based on the MRIP's newer FES method, which
is considered more reliable and robust compared to the MRIP-CHTS or
MRFSS methods. The Councils consider management of Atlantic king
mackerel to be successful and determined that it would be beneficial to
preserve the historic, and existing, makeup of the king mackerel
portion of the CMP fishery by retaining the current allocation
percentages. In accordance with National Standard 4 of the Magnuson-
Stevens Act, the Councils determined that their decision to maintain
the current allocations would be fair and equitable to fishermen in
both the recreational and commercial sectors, would be reasonably
calculated to promote conservation, and is carried out in such manner
that no particular entity acquires an excessive share of such
privileges. The sector ACLs in Amendment 34 were derived from applying
the current sector allocations to the revised total ACL. Therefore,
although the sector allocation percentages are not changing, the total
ACL and sector ACLs (quotas) are increasing compared to the current
values. Landings by the recreational sector have been below the
recreational ACL, and the South Atlantic Council anticipates that an
increased recreational ACL, combined with an increased bag limit, will
increase harvest. In recent years commercial sector landings have come
close to reaching the commercial ACL. However, even with maintaining
current sector allocation percentages, neither sector is anticipated to
have AMs triggered due to their respective ACL being met.
NMFS also disagrees that there are more regulatory restrictions on
the recreational sector than the commercial sector within the Atlantic
king mackerel portion of the CMP fishery. NMFS notes that the
regulations for the commercial sector include, among other regulations,
limited access permitting requirements, reporting requirements, a
complex area and seasonal trip limit system, a minimum size limit,
ACLs, and AMs. The recreational sector also has many measures in place
including permitting requirements for the charter vessels and
headboats, bag limits, a minimum size limit, ACLs, and AMs. NMFS and
the Councils have determined that the measures for the commercial and
recreational sectors are fair and equitable.
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 Amendment 34, 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 or record-keeping
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 final regulatory
flexibility analysis was not required and none was prepared.
List of Subjects in 50 CFR Part 622
Annual catch limits, Atlantic, Bag and possession limits,
Fisheries, Fishing, King mackerel, Spanish mackerel.
Dated: May 2, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
622 as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
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1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
Sec. 622.19 [Amended]
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2. In Sec. 622.19, remove and reserve paragraph (b)(1).
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3. Revise Sec. 622.381 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.
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4. In Sec. 622.382, revise paragraph (a)(1)(i) to read as follows:
Sec. 622.382 Bag and possession limits.
* * * * *
(a) * * *
(1) * * *
[[Page 29848]]
(i) Atlantic migratory group king mackerel--3.
* * * * *
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5. In Sec. 622.384, revise paragraph (b)(2) introductory text,
paragraphs (b)(2)(i) and (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.
* * * * *
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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) * * *
(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 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. 2023-09697 Filed 5-8-23; 8:45 am]
BILLING CODE 3510-22-P