Rule2022-26553
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagics Resources in the Gulf of Mexico and Atlantic Region; Framework Amendment 11
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 7, 2022
Effective
January 6, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues regulations to implement management measures described in Framework Amendment 11 to the Fishery Management Plan (FMP) for the Coastal Migratory Pelagic (CMP) Resources of the Gulf of Mexico and Atlantic Region (CMP FMP), as prepared and submitted by the Gulf of Mexico Fishery Management Council (Gulf Council). This final rule and Framework Amendment 11 revise the Gulf of Mexico (Gulf) migratory group of king mackerel (Gulf king mackerel) catch limits. The purpose of this final rule and Framework Amendment 11 is to update catch limits to be consistent with the best scientific information available.
Full Text
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<title>Federal Register, Volume 87 Issue 234 (Wednesday, December 7, 2022)</title>
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[Federal Register Volume 87, Number 234 (Wednesday, December 7, 2022)]
[Rules and Regulations]
[Pages 74989-74991]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26553]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 221201-0259]
RIN 0648-BL62
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Coastal Migratory Pelagics Resources in the Gulf of Mexico and Atlantic
Region; Framework Amendment 11
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues regulations to implement management measures
described in Framework Amendment 11 to the Fishery Management Plan
(FMP) for the Coastal Migratory Pelagic (CMP) Resources of the Gulf of
Mexico and Atlantic Region (CMP FMP), as prepared and submitted by the
Gulf of Mexico Fishery Management Council (Gulf Council). This final
rule and Framework Amendment 11 revise the Gulf of Mexico (Gulf)
migratory group of king mackerel (Gulf king mackerel) catch limits. The
purpose of this final rule and Framework Amendment 11 is to update
catch limits to be consistent with the best scientific information
available.
DATES: This final rule is effective January 6, 2023.
ADDRESSES: Electronic copies of Framework Amendment 11, which includes
a regulatory impact review, may be obtained from the Southeast Regional
Office website at <a href="https://www.fisheries.noaa.gov/action/framework-11-management-gulf-king-mackerel">https://www.fisheries.noaa.gov/action/framework-11-management-gulf-king-mackerel</a>.
FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, telephone: 727-824-
5305, or email: <a href="/cdn-cgi/l/email-protection#0f446a63636621404b6061616a63634f61606e6e21686079"><span class="__cf_email__" data-cfemail="4b002e27272265040f2425252e27270b25242a2a652c243d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Gulf king mackerel is managed under the CMP
FMP prepared by the Gulf and South Atlantic Fishery Management Councils
(Councils) and implemented through regulations at 50 CFR part 622 under
the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act).
On October 7, 2022, NMFS published a proposed rule for Framework
Amendment 11 and requested public comment (87 FR 60975, October 7,
2022). The proposed rule and Framework Amendment 11 outline the
rationale for the actions contained in this final rule. A summary of
the management measures described in Framework 11 and implemented by
this final rule is provided below.
All weights in this proposed rule are in round and eviscerated
weight combined, unless otherwise specified.
Background
Under the CMP FMP, the Gulf Council manages fishing for Gulf king
mackerel in Federal waters from Texas to the boundary between Monroe
and Miami-Dade Counties in Florida. The Gulf king mackerel stock annual
catch limit (ACL) is allocated between the commercial and recreational
sectors.
The current overfishing limit (OFL) and acceptable biological catch
(ABC) are 8,950,000 lb (4,059,652 kg) and 8,550,000 lb (3,878,215 kg),
respectively. The current stock ACL is equal to the ABC. The OFL, ABC,
and stock ACL were established in 2017 in Amendment 26 to the CMP FMP
(82 FR 17387; April 11, 2017). These catch limits are based on
projections from the Southeast Data Assessment and Review (SEDAR) 38
stock assessment and recommendations by the Gulf Council's Scientific
and Statistical Committee (SSC). The recreational landings estimates
used in SEDAR 38 included data from the Marine Recreational Information
Program's (MRIP) Coastal Household Telephone Survey (CHTS). MRIP now
generates recreational landings estimates using the Fishing Effort
Survey (FES), and the historical time series of king mackerel
recreational landings has been calibrated to be consistent with the
MRIP-FES estimates. The estimates generated using MRIP-FES are
generally higher than those produced using CHTS because the new survey
is designed to more accurately measure fishing activity.
In 2020, NMFS completed an update to SEDAR 38 (SEDAR 38 Update)
that included calibrated MRIP-FES recreational landings. The update
indicated that Gulf group king mackerel was not overfished or
undergoing overfishing, but recruitment had been low in recent years.
In September 2020, the Gulf Council's SSC reviewed the SEDAR 38 Update
and recommended new OFLs and ABCs for Gulf group king mackerel that
would address reduced recruitment and allow harvest to increase over
time. The SSC's recommendation for the revised OFL is 11,050,000 lb
(5,012,196 kg) for 2022, and 11,180,000 lb (5,071,163 kg) for 2023 and
subsequent years. The SSC's recommendation for ABC is 9,720,000 lb
(4,408,918 kg) for 2022, and 9,990,000 lb (4,531,388 kg) for 2023 and
subsequent years. These OFL and ABC recommendations represent a
reduction in the allowable harvest when compared to the current OFL and
ABC. Had MRIP-FES data been available when SEDAR 38 was completed in
2014, the current OFL would have been 11,960,000 lb (5,424,965 kg) and
the current ABC would have been 11,540,000 (5,234,456 kg). The Gulf
Council and NMFS developed Framework Amendment 11 to update catch
levels based on the results of the SEDAR 38 Update and Gulf Council's
SSC recommendations.
The Gulf Council manages Gulf king mackerel with sector allocations
and zone allocations for the commercial sector. In Amendment 1 to the
FMP, the Councils allocated the total Gulf king mackerel ACL to 32
percent to the commercial sector and 68 percent to the recreational
sector based on the average of available commercial and recreational
landings data from 1975-1979 (50 FR 34840; August 25, 1985). In
Amendment 26 to the FMP, the Councils revised the allocation of the
Gulf king mackerel total commercial ACL between the commercial Gulf
zones: western zone (40 percent), northern (18 percent), southern zone
hook-and-line (21 percent) and southern zone gillnet (21 percent) (82
FR 17387; April 11, 2017).
The fishing year for commercial harvest varies by zone: July
through June for the southern and western zones, and October through
September for the northern zone. For the purpose of comparing landings
to the total ACL, recreational landings are monitored based on the
commercial fishing year of July through June. Therefore, the sector
ACLs and commercial quotas reflect that these fishing years occur in
two calendar years, as noted below.
Management Measures Contained in This Final Rule
For Gulf king mackerel, this final rule revises sector ACLs and the
commercial zone quotas.
ACLs and Quotas
The current total ACL for Gulf king mackerel is equal to the ABC of
8,550,000 lb (3,878,215 kg). This rule modifies the total ACL for Gulf
king mackerel to 9,720,000 lb (4,408,918 kg) for 2022 and 9,990,000 lb
(4,531,388 kg) for 2023 and subsequent years, which is also equal to
the ABCs recommended by the Gulf Council's SSC. The 2022 total ACL is
used to set the sector and zone catch limits for the 2022-2023 fishing
year and the 2023 total ACL will be used to set the sector and zone
catch limits for 2023-2024 and subsequent fishing years. As noted
previously, the
[[Page 74990]]
revised ACLs actually represent a decrease in the allowable harvest of
Gulf king mackerel because had the current total ACL been derived from
an assessment using MRIP-FES data, the current total ACL would have
been 11,540,000 lb (5,234,456 kg).
The current commercial ACL for the 2022-2023 fishing year is
2,740,000 lb (1,242,843 kg). Applying the current commercial allocation
of 32 percent to the new total ACLs results in revised commercial ACLs
of 3,110,400 lb (1,410,854 kg) for the 2022-2023 fishing year, and
3,196,800 lb (1,450,044 kg) for the 2023-2024 and subsequent years. The
current recreational ACL for the 2022-2023 fishing year is 5,810,000 lb
(2,635,372 kg). Applying the current recreational allocation of 68
percent to the new stock ACLs results in revised recreational ACLs of
6,609,600 lb (2,998,064 kg) for the 2022-2023 fishing year, and
6,793,200 lb (3,081,344 kg) for the 2023-2024 and subsequent years.
Because the revised recreational ACL will now be monitored using
landings estimates generated by MRIP-FES, this represents a decrease in
the allowable recreational harvest. However, recreational landings, as
estimated using MRIP-FES, have been well below the revised ACLs since
the 2016-2017 fishing year, and NMFS does not expect the reduction in
the recreational ACL to reduce recreational opportunities.
The current commercial zone quotas for the 2022-2023 fishing year
are 1,096,000 lb (497,137 kg) for the western zone, 493,200 lb (223,712
kg) for the northern zone, 575,400 lb (260,997 kg) for the southern
zone hook-and-line component, and 575,400 lb (260,997 kg) for the
southern zone gillnet component. The current total commercial hook-and-
line ACL for the entire Gulf for the 2022-2023 fishing year is
2,164,600 lb (981,846 kg). Using the current commercial zone
allocations, this final rule revises the western zone quota to
1,244,160 lb (564,341 kg) for the 2022-2023 fishing year, and 1,278,720
lb (580,017 kg) for 2023-2024 fishing year and subsequent fishing
years. The northern zone quota will be 559,872 lb (253,954 kg) for the
2022-2023 fishing year and 575,424 lb (261,008 kg) for the 2023-2024
fishing year and subsequent fishing years. The southern zone hook-and-
line component quota will be 653,184 lb (296,279 kg) for the 2022-2023
fishing year, and 671,328 lb (304,509 kg) for the 2023-2024 fishing
year and subsequent years. The southern zone gillnet component quota
will be 653,184 lb (296,279 kg) for the 2022-2023 fishing year, and
671,328 lb (304,509 kg) for the 2023-2024 fishing year and subsequent
fishing years. The total commercial hook-and-line ACL (entire Gulf)
will be 2,457,216 lb (1,114,574 kg) for the 2022-2023 fishing year, and
2,525,472 lb (1,145,535 kg) for the 2023-2024 fishing year and
subsequent fishing years.
Management Measures in Framework Amendment 11 Not Codified Through This
Final Rule
OFL and ABC
As previously discussed, the current OFL and ABC for Gulf king
mackerel of 8,950,000 lb (4,059,652 kg) and 8,550,000 lb (3,878,214
kg), respectively, are based on the Gulf Council's SSC's
recommendations from SEDAR 38, which used recreational landings
estimates from MRIP-CHTS. In Framework Amendment 11, the Gulf Council
will adopt new OFLs and ABCs based on the SSC's recommendations from
the results of the SEDAR 38 Update, which used MRIP-FES recreational
landings estimates. The new OFLs will be 11,050,000 lb (5,012,196 kg)
for 2022, and 11,180,000 lb (5,071,163 kg) for 2023 and subsequent
years. The new ABCs will be 9,720,000 lb (4,408,918 kg) for 2022, and
9,990,000 lb (4,531,388 kg) for 2023 and subsequent years.
Comments and Responses
NMFS received one comment on the proposed rule for Framework
Amendment 11. That comment was in support of the actions in Framework
Amendment 11 and the proposed rule. There have been no changes to the
proposed rule based on public comment.
Classification
Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined that this final rule is
consistent with Framework Amendment 11, the CMP FMP, other provisions
of the Magnuson-Stevens Act, and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Magnuson-Stevens Act provides the legal basis for this final
rule. No duplicative, overlapping, or conflicting Federal rules have
been identified. In addition, no new reporting, record-keeping, or
other compliance requirements are introduced by this final rule. This
final rule contains no information collection requirements under the
Paperwork Reduction Act of 1995. A description of this final rule, why
it is being considered, and the purposes of this final rule are
contained in the preamble and in the SUMMARY section of this final
rule.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
List of Subjects in 50 CFR Part 622
Annual catch limits, Fisheries, Fishing, Gulf of Mexico, King
mackerel, Quotas.
Dated: December 1, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is amended
as follows:
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.384, revise paragraphs (b)(1)(i) through (iii) to read
as follows:
Sec. 622.384 Quotas.
* * * * *
(b) * * *
(1) * * *
(i) Western zone. The quota is 1,199,360 lb (544,021 kg) for the
2021-2022 fishing year, 1,244,160 lb (564,341 kg) for the 2022-2023
fishing year, and 1,278,720 lb (580,018 kg) for the 2023-2024 fishing
year and subsequent fishing years.
(ii) Northern zone. The quota is 539,712 lb (244,809 kg) for the
2021-2022 fishing year, 559,872 lb (253,954 kg) for the 2022-2023
fishing year, and 575,424 lb (261,008 kg) for the 2023-2024 fishing
year and subsequent fishing years.
(iii) Southern zone. (A) The hook-and-line quota is 629,664 lb
(285,611 kg) for the 2021-2022 fishing year, 653,184 lb (296,279 kg)
for the 2022-2023 fishing year, and 671,328 lb (304,509 kg) for the
2023-2024 and subsequent fishing years.
(B) The run-around gillnet quota is 629,664 lb (285,611 kg) for the
2021-2022 fishing year, 653,184 lb (296,279 kg) for the 2022-2023
fishing year, and 671,328 lb (304,509 kg) for the 2023-2024 and
subsequent fishing years.
* * * * *
0
3. In Sec. 622.388, revise paragraphs (a)(1)(ii) and (a)(2) to read as
follows:
[[Page 74991]]
Sec. 622.388 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(a) * * *
(1) * * *
(ii) The commercial ACL for the Gulf migratory group of king
mackerel is 2,998,400 lb (1,360,051 kg) for the 2021-2022 fishing year,
3,110,400 lb (1,410,854 kg) for the 2022-2023 fishing year, and
3,196,800 lb (1,450,044 kg) for the 2023-2024 and subsequent fishing
years. The ACL is further divided into a commercial ACL for vessels
fishing with hook-and-line and a commercial ACL for vessels fishing
with run-around gillnets. The hook-and-line ACL (which applies to the
entire Gulf) is 2,368,736 lb (1,074,441 kg) for the 2021-2022 fishing
year, 2,457,216 lb (1,114,574 kg) for the 2022-2023 fishing year, and
2,525,472 lb (1,145,535 kg) for the 2023-2024 and subsequent fishing
years. The run-around gillnet ACL (which applies to the southern zone)
is 629,664 lb (285,611 kg) for the 2021-2022 fishing year, 653,184 lb
(296,279 kg) for the 2022-2023 fishing year, and 671,328 lb (304,509
kg) for the 2023-2024 and subsequent fishing years.
* * * * *
(2) Recreational sector. If recreational landings, as estimated by
the SRD, reach or are projected to reach the recreational ACL of
6,371,600 lb (2,890,109 kg) for the 2021-2022 fishing year, 6,609,600
lb (2,998,064 kg) for the 2022-2023 fishing year, and 6,793,200 lb
(3,081,344 kg) for the 2023-2024 and subsequent fishing years, the AA
will file a notification with the Office of the Federal Register to
implement bag and possession limits for Gulf migratory group king
mackerel of zero, unless the best scientific information available
determines that a bag limit reduction is unnecessary.
* * * * *
[FR Doc. 2022-26553 Filed 12-6-22; 8:45 am]
BILLING CODE 3510-22-P
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