[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