Proposed Rule2023-01710
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region; Amendment 34
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
January 30, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
The South Atlantic Fishery Management Council (South Atlantic Council) submitted Amendment 34 to the Fishery Management Plan (FMP) for the Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region (CMP FMP) for review, approval, and implementation by NMFS. If approved by the Secretary of Commerce, Amendment 34 to the CMP FMP would revise the acceptable biological catch (ABC), the annual optimum yield (OY), sector allocations, the stock and sector annual catch limits (ACL), recreational annual catch target (ACT), and the recreational bag and possession limits off the east coast of Florida for Atlantic migratory group king mackerel (Atlantic king mackerel). For both Atlantic king mackerel and Atlantic migratory group Spanish mackerel (Atlantic Spanish mackerel), Amendment 34 would revise the landing fish intact provisions for the recreational sector. The purpose of Amendment 34 is to revise the catch limits based on a recent stock assessment and revise sector allocations for Atlantic king mackerel based on the best scientific information available, and to revise management measures for Atlantic king mackerel and Atlantic Spanish mackerel.
Full Text
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<title>Federal Register, Volume 88 Issue 19 (Monday, January 30, 2023)</title>
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[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Proposed Rules]
[Pages 5845-5849]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01710]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
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: Announcement of availability of fishery management plan
amendment; request for comments.
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SUMMARY: The South Atlantic Fishery Management Council (South Atlantic
Council) submitted Amendment 34 to the Fishery Management Plan (FMP)
for the Coastal Migratory Pelagic Resources in the Gulf of Mexico and
Atlantic Region (CMP FMP) for review, approval, and implementation by
NMFS. If approved by the Secretary of Commerce, Amendment 34 to the CMP
FMP would revise the acceptable biological catch (ABC), the annual
optimum yield (OY), sector allocations, the stock and sector annual
catch limits (ACL), recreational annual catch target (ACT), and the
recreational bag and possession limits off the east coast of Florida
for Atlantic migratory group king mackerel (Atlantic king mackerel).
For both Atlantic king mackerel and Atlantic migratory group Spanish
mackerel (Atlantic Spanish mackerel), Amendment 34 would revise the
landing fish intact provisions for the recreational sector. The purpose
of Amendment 34 is to revise the catch limits based on a recent stock
assessment and revise sector allocations for Atlantic king mackerel
based on the best scientific information available, and to revise
management measures for Atlantic king mackerel and Atlantic Spanish
mackerel.
DATES: Written comments must be received on or before March 31, 2023.
ADDRESSES: You may submit comments on Amendment 34, identified by
``NOAA-NMFS-2022-0108,'' by either of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="http://www.regulations.gov">www.regulations.gov</a>
and enter ``NOAA-NMFS-2022-0108'' in the Search box. Click the
``Comment'' icon, complete the required fields, and enter or attach
your comments.
<bullet> Mail: Submit written comments to Mary Vara, Southeast
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="http://www.regulations.gov">www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information
[[Page 5846]]
submitted voluntarily by the sender will be publicly accessible. NMFS
will accept anonymous comments (enter ``N/A'' in the required fields if
you wish to remain anonymous).
Electronic copies of Amendment 34, which includes a fishery impact
statement and a regulatory impact review, may be obtained from the
Southeast Regional Office website at <a href="https://www.fisheries.noaa.gov/action/amendment-34-catch-level-and-allocation-adjustments-and-management-measures-atlantic-king">https://www.fisheries.noaa.gov/action/amendment-34-catch-level-and-allocation-adjustments-and-management-measures-atlantic-king</a>.
FOR FURTHER INFORMATION CONTACT: Mary Vara, telephone: 727-824-5305, or
email: <a href="/cdn-cgi/l/email-protection#adc0ccdfd483dbccdfccedc3c2cccc83cac2db"><span class="__cf_email__" data-cfemail="1d707c6f64336b7c6f7c5d73727c7c337a726b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) requires each regional
fishery management council to submit any FMP or FMP amendment to the
Secretary of Commerce (the Secretary) for review and approval, partial
approval, or disapproval. The Magnuson-Stevens Act also requires that
NMFS, upon receiving an FMP or amendment, publish an announcement in
the Federal Register notifying the public that the FMP or amendment is
available for review and comment.
The South Atlantic Council and Gulf of Mexico Fishery Management
Council (Gulf Council) prepared the CMP FMP that is being revised by
Amendment 34. If approved, Amendment 34 would be implemented by NMFS
through regulations at 50 CFR part 622 under the authority of the
Magnuson-Stevens Act.
Background
Under the CMP FMP, the South Atlantic and Gulf Councils jointly
manage fishing for king mackerel and Spanish mackerel in Federal waters
from Texas through New York (to the intersection point of Connecticut,
Rhode Island, and New York). Atlantic king mackerel and Atlantic
Spanish mackerel are managed under the CMP FMP in Federal waters of the
Atlantic from New York to the Miami-Dade/Monroe County, Florida,
boundary. The Atlantic migratory groups of king mackerel and Spanish
mackerel are further divided into the northern and southern zones
separated by a line extending from the North Carolina/South Carolina
border.
The Magnuson-Stevens Act requires 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.
All weights in this notice are in round and eviscerated weight
combined, unless otherwise specified.
The most recent Southeast Data, Assessment and Review (SEDAR) stock
assessment for Atlantic king mackerel was completed in April 2020
(SEDAR 38 Update 2020). The fishing year for Atlantic king mackerel is
from March through February. The assessment update incorporated 5 years
of additional data through the 2017-2018 fishing year (March 2017
through February 2018), and incorporated the revised estimates for
recreational catch from the Marine Recreational Information Program
Fishing Effort Survey (MRIP FES). 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. The findings of the SEDAR 38 Update (2020) indicated
that Atlantic king mackerel was not overfished or undergoing
overfishing.
Additionally, the findings of SEDAR 38 Update (2020) showed that
recreational and commercial landings, and catch per unit effort, all
showed an increasing trend in biomass. 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 SEDAR 38 Update (2020). However, as discussed further below,
the current and proposed overfishing limits (OFL), ABCs, 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.
The South Atlantic Council intends that Amendment 34 would ensure
catch limits are based on the best scientific information available
such that overfishing does not occur for Atlantic king mackerel in the
CMP fishery, while increasing social and economic benefits through
sustainable and profitable harvest of Atlantic king mackerel and
Atlantic Spanish mackerel.
Actions Contained in Amendment 34
For Atlantic king mackerel, Amendment 34 would revise the OFL, ABC,
OY, stock ACL, sector ACLs, and the recreational ACT. Amendment 34
would also revise the recreational bag and possession limits for
Atlantic king mackerel in the Exclusive Economic Zone (EEZ) off the
east coast of Florida. In addition, Amendment 34 would modify the
recreational requirement for Atlantic king mackerel and Atlantic
Spanish mackerel to be landed with heads and fins intact.
Atlantic King Mackerel OFL and ABC
As implemented through Amendment 26 to the CMP FMP (82 FR 17387,
May 11, 2017), 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. The South Atlantic Council's choice of these catch limits
are based on the recommendations of their SSC from the SEDAR 38 stock
assessment (2014). The recreational landings estimates used in SEDAR 38
(2014) were generated using the Marine Recreational Fishery Statistics
Survey (MRFSS) estimation methods and the MRIP-Coastal Household
Telephone Survey (CHTS).
In April 2020, the South Atlantic Council's SSC reviewed the latest
stock assessment SEDAR 38 Update (2020) and recommended new OFL and ABC
levels based on the SEDAR 38 Update (2020). The assessment and
associated OFL and ABC recommendations from the SSC incorporated the
revised estimates for recreational catch and effort from the MRIP
Access Point Angler Intercept Survey (APAIS) and FES. MRIP began
incorporating a new survey design for APAIS in 2013 and replaced the
CHTS with FES in 2018. Prior to the implementation of MRIP in 2008,
recreational landings estimates were generated using the MRFSS. As
explained in Amendment 34, total recreational fishing effort estimates
generated from MRIP FES are generally higher than both the MRFSS and
MRIP CHTS estimates. This difference in estimates is because MRIP FES
is designed to more accurately measure fishing activity, not because
there was a sudden increase in fishing effort. Compared to MRIP CHTS,
MRIP FES is considered a more reliable estimate of recreational fishing
effort and more robust by the South Atlantic Council and Gulf Councils
(Councils), their SSCs, and NMFS. The new OFL and ABC recommendations
within Amendment 34 also represent the best scientific information
available as determined by the South Atlantic Council's SSC and NMFS.
The OFL would be 33,900,000 lb (15,376,781 kg) for 2022-2023;
29,400,000 lb (13,335,616 kg) for 2023-2024; 26,300,000 lb (11,929,479
kg) for
[[Page 5847]]
2024-2025; 24,200,000 lb (10,976,935 kg) for 2025-2026; and 22,800,000
lb (10,341,906 kg) for 2026-2027 and subsequent years. The ABC would be
32,800,000 lb (14,877,830 kg) for 2022-2023; 28,400,000 lb (12,882,023
kg) for 2023-2024; 25,400,000 lb (11,521,246 kg) for 2024-2025;
23,300,000 lb (10,568,702 kg) for 2025-2026; and 21,800,000 lb
(9,888,314 kg) for 2026-2027 and subsequent years.
Atlantic King Mackerel Annual OY and Stock ACL
As implemented through Amendment 26 to the CMP FMP (82 FR 17387,
May 11, 2017), the current stock ACL (total ACL) and OY for Atlantic
king mackerel are equal to the ABC of 12,700,000 lb (5,760,623 kg). In
Amendment 34, the South Atlantic Council chose to specify OY for
Atlantic king mackerel on an annual basis and set it equal to the stock
ACL, in accordance with the guidance provided in the Magnuson-Stevens
Act National Standard 1 Guidelines at 50 CFR 600.310(f)(4)(iv), and set
these values equal to 95 percent of the ABC.
The revised annual OY and stock ACL would be 31,160,000 lb
(14,133,938 kg) for the 2022-2023 fishing year; 26,980,000 lb
(12,237,922 kg) for the 2023-2024 fishing year; 24,130,000 lb
(10,945,184 kg) for the 2024-2025 fishing year; 22,135,000 lb
(10,040,267 kg) for the 2025-2026 fishing year; and 20,710,000 lb
(9,393,898 kg) for the 2026-2027 fishing year and subsequent fishing
years.
Atlantic King Mackerel Sector Allocations and ACLs
Amendment 34 would revise the recreational and commercial
allocations for Atlantic king mackerel. The Atlantic king mackerel
stock ACL is allocated at 62.9 percent to the recreational sector and
37.1 percent to the commercial sector. This allocation was established
in 1985 through Amendment 1 to the CMP FMP, using the average
proportion of landings for the longest time series where both
recreational and commercial landings data were available (50 FR 34840,
August 28, 1985). Applying this allocation to the current stock ACL for
Atlantic king mackerel of 12,700,000 lb (5,760,623 kg) results in
8,000,000 lb (3,628,739 kg) to the recreational sector (recreational
ACL) and 4,700,000 lb (2,131,884 kg) to the commercial sector
(commercial ACL). In Amendment 34, the South Atlantic Council decided
to retain the same sector allocation percentages of 62.9 percent for
the recreational sector and 37.1 percent for the commercial sector and
apply this allocation to the new stock ACL, which incorporates the
revised MRIP-FES estimates for recreational catch. The Council
determined that this allocation would be fair and equitable to both the
recreational and commercial sectors because it would allow both sectors
room to expand their harvest without risking either sector meeting or
exceeding their sector annual catch limit.
Amendment 34 would revise the recreational ACLs to be 19,599,640 lb
(8,890,247 kg) for the 2022-2023 fishing year; 16,970,420 lb (7,697,653
kg) for the 2023-2024 fishing year; 15,177,770 lb (6,884,521 kg) for
the 2024-2025 fishing year; 13,922,915 lb (6,315,328 kg) for the 2025-
2026 fishing year; and 13,026,590 lb (5,908,762 kg) for the 2026-2027
fishing year and subsequent fishing years. The South Atlantic Council
acknowledged that the recreational sector has not met their quota in
recent years but determined that the increase in poundage for the
recreational sector may result in positive social benefits associated
with the potential for increased harvest. The recreational sector does
not have in-season accountability measures (AMs) in place but does have
post-season AMs to address any overages of the recreational ACL.
However, based on the new MRIP-FES recreational landings, none of the
proposed recreational ACLs are expected to be reached.
Amendment 34 would revise the commercial ACLs to be 11,560,360 lb
(5,243,691 kg) for the 2022-2023 fishing year; 10,009,580 lb (4,540,269
kg) for the 2023-2024 fishing year; 8,952,230 lb (4,060,663 kg) for the
2024-2025 fishing year; 8,212,085 lb (3,724,939 kg) for the 2025-2026
fishing year; and 7,683,410 lb (3,485,136 kg) for the 2026-2027 fishing
year and subsequent fishing years. Similar to the recreational sector,
the commercial sector has not met their quota in recent years. The
South Atlantic Council determined that the increase in poundage for the
commercial sector may also result in positive social benefits
associated with the potential for increased harvest. The commercial
sector for Atlantic king mackerel has in-season AMs in place to prevent
the commercial ACL from being exceeded and post-season AMs, based on
stock status, to implement a commercial quota reduction in the event
the stock ACL is exceeded. However, based on commercial landings for
the fishing years of 2015-2016 through 2019-2020, none of the proposed
commercial ACLs are expected to be reached.
Atlantic King Mackerel Commercial Zone ACLs
In addition to sector allocations, the commercial sector is divided
into a northern and southern zone, with the commercial ACL further
allocated between the two zones. The South Atlantic Council decided not
to modify those zone allocations in Amendment 34 for Atlantic king
mackerel, based on recommendations from their Mackerel Cobia Advisory
Panel (AP) that the current zone allocations are functioning well. The
northern zone (from the New York/Connecticut/Rhode Island line to the
North Carolina/South Carolina line) is allocated 23.04 percent of the
commercial ACL and the southern zone (North Carolina/South Carolina
line to the Miami-Dade/Monroe County line, Florida) is allocated 76.96
percent of the commercial ACL. In addition, there is an allowed
incidental commercial harvest of Atlantic king mackerel by purse seine
gear that is limited to 0.40 million lb (0.18 million kg) per fishing
year. The current commercial sector ACL zone allocations and the purse
seine allocation were not changed in Amendment 34.
The current northern zone commercial quota for king mackerel is
1,082,880 lb (491,186 kg). Based on the revised stock and commercial
ACLs in Amendment 34, the commercial northern zone ACL (quota) would be
2,663,507 lb (1,208,146 kg) for the 2022-2023 fishing year; 2,306,207
lb (1,046,078 kg) for the 2023-2024 fishing year; 2,062,594 lb (935,577
kg) for the 2024-2025 fishing year; 1,892,064 lb (858,226 kg) for the
2025-2026 fishing year; and 1,770,258 lb (802,976 kg) for the 2026-2027
and subsequent fishing years.
The current southern zone commercial ACL (quota) is 3,617,120 lb
(1,640,698 kg). The southern zone commercial ACL (quota) in Amendment
34 would be 8,896,853 lb (4,035,545 kg) for the 2022-2023 fishing year;
7,703,373 lb (3,494,191 kg) for the 2023-2024 fishing year; 6,889,636
lb (3,125,086 kg) for the 2024-2025 fishing year; 6,320,021 lb
(2,866,713 kg) for the 2025-2026 fishing year; and 5,913,152 lb
(2,682,161 kg) for the 2026-2027 and subsequent fishing years. The
proposed revised commercial northern and southern zone ACLs for
Atlantic king mackerel are all greater than the observed landings in
recent years. Based on the average commercial landings from 2015-2016
through 2019-2020, future landings would be expected to continue to be
less than the proposed commercial zone ACLs, and are not
[[Page 5848]]
expected to be constraining on harvest or alter fishing activity.
Atlantic King Mackerel Commercial Southern Zone Seasonal Quotas
The commercial fishing year for Atlantic king mackerel is March
through February, and the commercial ACL for the southern zone is
divided between two seasons. Season 1 is March 1 through September 30,
and Season 2 is October 1 through the end of February. Season 1 is
allocated 60 percent of the Atlantic king mackerel commercial ACL for
the southern zone and Season 2 is allocated 40 percent. The current
quota for Season 1 is 2,170,272 lb (984,419 kg) and the quota for
Season 2 is 1,446,848 lb (656,279 kg).
Based on the revised stock, commercial, and commercial southern
zone ACLs in Amendment 34, the Atlantic king mackerel commercial
southern zone quota for Season 1 would be 5,338,112 lb (2,421,327 kg)
for the 2022-2023 fishing year; 4,622,024 lb (2,096,515 kg) for the
2023-2024 fishing year; 4,133,782 lb (1,875,052 kg) for the 2024-2025
fishing year; 3,792,012 lb (1,720,028 kg) for the 2025-2026 fishing
year; and 3,547,891 lb (1,609,296 kg) for the 2026-2027 fishing year
and subsequent fishing years. The commercial southern zone quota for
Season 2 would be 3,558,741 lb (1,614,218 kg) for the 2022-2023 fishing
year; 3,081,349 lb (1,397,676 kg) for the 2023-2024 fishing year;
2,755,854 lb (1,250,034 kg) for the 2024-2025 fishing year; 2,528,008
lb (1,146,685 kg) for the 2025-2026 fishing year; and 2,365,261 lb
(1,072,864 kg) for the 2026-2027 fishing year and subsequent fishing
years. The proposed commercial southern zone seasonal quotas for
Atlantic king mackerel are all greater than the observed landings in
recent years. Based on the average landings from 2015-2016 through
2019-2020, landings would be expected to continue to be less than the
proposed commercial southern zone seasonal quotas, and are not expected
to be constraining on harvest or alter fishing activity.
Atlantic King Mackerel Recreational ACTs
The Atlantic king mackerel recreational ACT was first established
in Amendment 18 to the CMP FMP (76 FR 82057, December 29, 2011) using
the equation recreational ACL*[(1-Proportional Standard Error (PSE)) or
0.5, whichever is greater]. Recreational ACTs for Atlantic king
mackerel are utilized in triggering the post-season recreational AMs.
For the Atlantic king mackerel post-season AM, if recreational landings
exceed the ACL, and the sum of the commercial and recreational landings
exceed the stock ACL, a reduced bag limit would be implemented the
following fishing year by the amount necessary to ensure the
recreational landings may achieve the recreational ACT, but do not
exceed the recreational ACL. Additionally, if the sum of the commercial
and recreational landings exceeds the stock ACL and Atlantic king
mackerel are overfished, the recreational ACL and ACT may be reduced
for the following year by the amount of any recreational sector overage
in the prior fishing year. Because the post-season recreational AM has
not been triggered in the past, and the SEDAR 38 Update (2020)
indicates that the Atlantic king mackerel is not overfished, sector
ACLs and the recreational ACT can be increased without having negative
effects on the sustainability of the stock and are not expected to
trigger post-season recreational AMs. In Amendment 18 and past CMP
amendments, the South Atlantic Council has chosen to use the 5-year
average PSE because it better represents the precision of recent catch
estimates than the 3-year average. The current recreational ACT of
7,400,000 lb (3,356,584 kg) is derived from the current ABC and
recreational ACL. Amendment 34 would maintain the formula for
determining the recreational ACTs, but the PSE values used in the
formula have been updated to reflect the revised recreational landings
that are based on the MRIP's newer FES method, and the revised stock
ACL and recreational ACL. The 5-year average PSE for the recreational
data was 0.137. Using the current formula to calculate the recreational
ACT, the resulting recreational ACT would be equal to the recreational
ACL multiplied by (1-0.137), or 0.863, setting the recreational ACT at
86.3 percent of the recreational ACL.
Based on the revised stock and recreational ACLs, Amendment 34
would revise the recreational ACT to be 16,914,489 lb (7,672,283 kg)
for the 2022-2023 fishing year; 14,645,472 lb (6,643,074 kg) for the
2023-2024 fishing year; 13,098,416 lb (5,941,342 kg) for the 2024-2025
fishing year; 12,015,476 lb (5,450,128 kg) for the 2025-2026 fishing
year; and 11,241,947 lb (5,099,261 kg) for the 2026-2027 fishing year
and subsequent fishing years.
Atlantic King Mackerel Recreational Bag and Possession Limits
Amendment 34 would revise the recreational bag and possession
limits in the EEZ off the east coast of Florida. The current
recreational daily bag limit for Atlantic king mackerel in both Federal
and state waters off the east coast of Florida is two fish per person.
However, the recreational daily bag limit is three fish per person in
the rest of the Gulf of Mexico, South Atlantic, and Mid-Atlantic
Federal waters. Fishermen and Mackerel Cobia AP members have requested
that the Councils increase the bag limit for Federal waters off of the
Florida east coast to three fish per person, to the match bag limit
within the rest of the management area. Increasing the bag limit in
Federal waters off the east coast of Florida would allow recreational
fishermen throughout the South Atlantic Council's management
jurisdiction the opportunity to harvest the same amount of Atlantic
king mackerel. Additionally, the recreational sector has not been
reaching their ACL, and the South Atlantic Council anticipates that an
increased recreational ACL combined with an increased bag limit will
help increase harvest.
Recreational Atlantic King Mackerel and Spanish Mackerel Landing Fish
Intact
Currently, Atlantic king and Spanish mackerel recreational
fishermen must land recreationally harvested fish with the head and
fins intact. As described at 50 CFR 622.381(b), commercial Atlantic
king and Spanish mackerel fisherman are allowed to land these fish
without the head and fins intact (cut-off/damaged) provided the
remaining portion of the fish complies with the minimum size limit. The
commercial provision for cut-off fish was implemented through Amendment
9 to the CMP FMP (65 FR 16336, March 28, 2000) because of increasing
interactions with sharks or barracudas resulting in Atlantic king
mackerel and Atlantic Spanish mackerel having their tails bitten off
before they could be landed. In response to similar concerns from the
recreational sector about interactions with sharks or barracudas
resulting in Atlantic king mackerel and Atlantic Spanish mackerel
having their tails bitten off before they could be landed, the Councils
considered revising the landing fish intact requirements in Amendment
34. The Councils decided that allowing possession of damaged Atlantic
king mackerel or Atlantic Spanish mackerel could be expected to
minimally increase recreational harvest, while reducing the number of
discarded fish.
Amendment 34 would allow cut-off (damaged) Atlantic king mackerel
and Atlantic Spanish mackerel caught under the recreational bag limit
and that comply with the minimum size limits to be possessed and
offloaded ashore.
[[Page 5849]]
Additionally, Amendment 34 revises the definition of ``damaged fish''
to refer to king or Spanish mackerel that are damaged only through
natural predation.
Proposed Rule for Amendment 34
A proposed rule to implement Amendment 34 has been drafted. In
accordance with the Magnuson-Stevens Act, NMFS is evaluating the
proposed rule for Amendment 34 to determine whether it is consistent
with the FMP, the Magnuson-Stevens Act, and other applicable law. If
that determination is affirmative, NMFS will publish the proposed rule
in the Federal Register for public review and comment.
Consideration of Public Comments
The South Atlantic Council has submitted Amendment 34 for
Secretarial review, approval, and implementation. Comments on Amendment
34 must be received by March 31, 2023. Comments received during the
respective comment periods, whether specifically directed to Amendment
34 or the proposed rule, will be considered by NMFS in the decision to
approve, partially approve, or disapprove, Amendment 34. All comments
received by NMFS on the amendment or the proposed rule during their
respective comment periods will be addressed in the final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 24, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-01710 Filed 1-27-23; 8:45 am]
BILLING CODE 3510-22-P
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