[Federal Register Volume 79, Number 224 (Thursday, November 20, 2014)]
[Rules and Regulations]
[Pages 69058-69060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27374]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 140722613-4908-02]
RIN 0648-BE31
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic
Region; Framework Amendment 1
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues this final rule to implement management measures
described in a framework amendment to the Fishery Management Plan for
the Coastal Migratory Pelagic (CMP) Resources in the Gulf of Mexico and
Atlantic Region (FMP) (Framework Amendment 1), as prepared and
submitted by the South Atlantic and Gulf of Mexico Fishery Management
Councils (Councils). This rule modifies the annual catch limits (ACLs)
for Atlantic and Gulf of Mexico (Gulf) migratory groups of Spanish
mackerel and modifies the recreational annual catch target (ACT) for
Atlantic migratory group Spanish mackerel, based on the results of the
most recent stock assessments for these stocks. Framework Amendment 1
also specifies the optimum yield and acceptable biological catch (ABC)
estimates for Atlantic and Gulf migratory groups of Spanish mackerel.
The purpose of this rule is to update ACLs based on the best scientific
information available and to ensure overfishing does not occur for the
Spanish mackerel resources in the Atlantic and Gulf.
DATES: This rule is effective December 22, 2014.
ADDRESSES: Electronic copies of the Framework Amendment, which includes
an environmental assessment, a regulatory flexibility act analysis and
a regulatory impact review, may be obtained from the Southeast Regional
Office Web site at http://sero.nmfs.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Karla Gore, telephone: 727-824-5305,
or email: [email protected].
SUPPLEMENTARY INFORMATION: The CMP fishery of the South Atlantic and
the Gulf is managed under the FMP. The 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).
On July 31, 2014, NMFS published a proposed rule for Framework
Amendment 1 and requested public comment (79 FR 44369). The proposed
rule and Framework Amendment 1 outline the rationale for the actions
contained in this final rule. A summary of the actions implemented by
this final rule is provided below.
Management Measures Contained in This Final Rule
This final rule revises the stock ACLs for Atlantic and Gulf
migratory groups of Spanish mackerel, based on the results of the most
recent assessments and the ABC recommendations by the Councils'
Scientific and Statistical Committees (SSCs). Additionally, this final
rule revises the commercial and recreational ACLs (based on previously
determined sector allocations), the recreational ACT, and the adjusted
commercial quota for Atlantic migratory group Spanish mackerel, based
on the revised commercial ACL (commercial quota).
[[Page 69059]]
Revise Commercial and Recreational ACLs, and Recreational ACT for
Atlantic Migratory Group Spanish Mackerel
This final rule revises the stock ACL for Atlantic Migratory group
Spanish mackerel to 6.063 million lb (2.750 million kg) and allocates
the revised ACL based on the previously determined allocation
distribution of 55 percent to the commercial sector and 45 percent to
the recreational sector. Therefore, this final rule increases the
commercial ACL (equal to the commercial quota) for Atlantic migratory
group Spanish mackerel to 3.33 million lb (1.51 million kg) and the
recreational ACL to 2.727 million lb (1.236 million kg). The
recreational ACT increases to 2.364 million lb (1.072 million kg).
Revise Adjusted Quota for Atlantic Migratory Group Spanish Mackerel
This final rule revises the adjusted commercial quota for Atlantic
migratory group Spanish mackerel from 2.88 million (1.31 million kg) to
3.08 million lb (1.40 million kg), based on the increase of the
commercial ACL (commercial quota) for Atlantic migratory group Spanish
mackerel. The adjusted quota is the quota for Atlantic migratory group
Spanish mackerel reduced by an amount calculated to allow continued
harvests of Atlantic migratory group Spanish mackerel at the rate of
500 lb (227 kg) per vessel per day for the remainder of the fishing
year after the adjusted quota is reached. Total commercial harvest is
still subject to the ACL and an in-season closure when landings are
projected to reach the ACL.
Revise Stock ACL for Gulf Migratory Group Spanish Mackerel
This final rule increases the stock ACL for Gulf migratory group
Spanish mackerel to 12.7 million lb (5.76 million kg) for the 2014-2015
fishing year, 11.8 million lb (5.35 million kg) for the 2015-2016
fishing year, and 11.3 million lb (5.13 million kg) for the 2016-2017
fishing year and subsequent fishing years.
Additions to Codified Text
This final rule also includes additions to the introductory
paragraphs for the CMP Quotas and ACLs/AMs/ACTs sections (50 CFR
622.384 and 50 CFR 622.388) to include language that all weights are in
round and eviscerated weight combined, unless specified otherwise. This
language is added to clarify that the quotas, ACLs, and ACTs are
established using landings that are documented in both round weight
(whole weight) and eviscerated weight (gutted weight).
Comments and Responses
NMFS received a total of eight comment letters on the proposed
rule, which include comments from a Federal agency, private citizens,
recreational fishermen, and commercial fishermen. The Federal agency
stated it had no comments. Two comments were received in support of the
proposed rule. Specific comments on the proposed rule and NMFS'
respective responses are summarized below.
Comment 1: There is no need to increase the harvest of Spanish
mackerel. A precautionary approach should be used and catch should be
maintained at current levels.
Response: NMFS disagrees that catch should be maintained at current
levels. The increased catch levels are expected to enhance social and
economic benefits to fishermen and fishing communities that utilize the
Atlantic and Gulf Spanish mackerel migratory groups, while having no
negative impacts on the stocks. Based on the most recent Southeast
Data, Assessment, and Review (SEDAR) stock assessments for Gulf and
Atlantic Spanish mackerel the Councils' SSCs determined that the catch
levels for Atlantic and Gulf Spanish mackerel could be increased
without negatively impacting the stocks. The stock assessment results
indicated that the stocks are healthy and the SSCs established a buffer
between the ABCs and the overfishing levels to account for scientific
uncertainty. The Southeast Fisheries Science Center concluded that the
increased ABCs and ACLs for Atlantic and Gulf migratory groups of
Spanish mackerel are based upon the best scientific information
available.
Comment 2: Increasing the harvest of Spanish mackerel could result
in an increase in bycatch of ladyfish, bluefish, and other species in
the northern Gulf.
Response: NMFS disagrees that increasing catch levels for the
Atlantic and Gulf migratory groups of Spanish mackerel will result in
increased bycatch. A bycatch practicability analysis was included in
Framework Amendment 1 and indicates that the Spanish mackerel portion
of the CMP fishery has relatively low levels of bycatch. The analysis
concludes that these low levels of bycatch are not expected to change
as a result of implementation of the amendment.
Comment 3: The recreational sector allocation for Atlantic
migratory group Spanish mackerel should be set equal to the commercial
sector allocation.
Response: Framework Amendment 1 and this final rule do not address
the sector allocations for Atlantic migratory group Spanish mackerel
that were established in 1999 (64 FR 45457) and this comment is
therefore beyond the scope of this rule.
Comment 4: One comment states that the recreational bag limit for
Atlantic migratory group Spanish mackerel should not be increased from
10 fish per person per day to 15 fish per person per day. Another
comment indicates the bag limit for Atlantic migratory group Spanish
mackerel should be reduced from 15 fish per person per day to 10 fish
per person per day.
Response: Framework Amendment 1 and this final rule do not address
the recreational bag limit for Spanish mackerel and this comment is
therefore beyond the scope of this rule.
Comment 5: With the increase in the ACL, the minimum size limit for
Gulf migratory group Spanish mackerel should be increased from 12
inches (30.5 cm) fork length (FL) to 15 inches (38.1 cm) FL. Most of
the fish caught are larger than 15 inches (38.1 cm) total length.
Response: Framework Amendment 1 and this final rule do not address
the minimum size limit for Gulf migratory group Spanish mackerel and
this comment is therefore beyond the scope of this rule.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
that this final rule is necessary for the conservation and management
of Atlantic and Gulf migratory groups of Spanish mackerel and is
consistent with Framework Amendment 1, the FMP, the Magnuson-Stevens
Act and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
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 this certification was published in the
proposed rule and is not repeated here. No comments were received
regarding the certification and NMFS has not received any new
information that would affect its determination. No changes to the
final rule were made in response to public comments. As a result, a
regulatory flexibility analysis was not required and none was prepared.
[[Page 69060]]
List of Subjects in 50 CFR Part 622
Annual catch limit, Annual catch target, Fisheries, Fishing, Gulf,
Quotas, South Atlantic, Spanish mackerel.
Dated: November 4, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is amended
as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.384, a sentence is added at the end of the introductory
text and paragraph (c)(2) is revised to read as follows:
Sec. 622.384 Quotas.
* * * All weights are in round and eviscerated weight combined,
unless specified otherwise.
* * * * *
(c) * * *
(2) Atlantic migratory group. The commercial quota for the Atlantic
migratory group of Spanish mackerel is 3.33 million lb (1.51 million
kg).
* * * * *
0
3. In Sec. 622.385, the first sentence in paragraph (b)(2) is revised
to read as follows:
Sec. 622.385 Commercial trip limits.
* * * * *
(b) * * *
(2) For the purpose of paragraph (b)(1)(ii) of this section, the
adjusted quota is 3.08 million lb (1.40 million kg). * * *
* * * * *
0
4. In Sec. 622.388, introductory text is added and paragraphs (c)(3),
(d)(3), and the last two sentences of paragraph (d)(2)(i) are revised
to read as follows:
Sec. 622.388 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
All weights are in round and eviscerated weight combined, unless
specified otherwise.
* * * * *
(c) * * *
(3) The stock ACL for Gulf migratory group Spanish mackerel is 12.7
million lb (5.76 million kg) for the 2014-2015 fishing year, 11.8
million lb (5.35 million kg) for the 2015-2016 fishing year, and 11.3
million lb (5.13 million kg) for the 2016-2017 fishing year and
subsequent fishing years.
(d) * * *
(2) * * *
(i) * * * The recreational ACT for the Atlantic migratory group is
2.364 million lb (1.072 million kg). The recreational ACL for the
Atlantic migratory group is 2.727 million lb (1.236 million kg).
* * * * *
(3) The stock ACL for Atlantic migratory group Spanish mackerel is
6.063 million lb (2.76 million kg).
* * * * *
[FR Doc. 2014-27374 Filed 11-19-14; 8:45 am]
BILLING CODE 3510-22-P