Proposed Rule2023-02777
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
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Published
February 10, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes 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 proposed rule would revise 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 proposed rule would revise the landing fish intact provisions for the recreational sector. In addition, for Atlantic king mackerel, Amendment 34 would revise the acceptable biological catch (ABC), annual optimum yield (OY), and sector allocations. The purpose of this proposed rule and 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 and Spanish mackerel.
Full Text
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<title>Federal Register, Volume 88 Issue 28 (Friday, February 10, 2023)</title>
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[Federal Register Volume 88, Number 28 (Friday, February 10, 2023)]
[Proposed Rules]
[Pages 8785-8791]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02777]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 230202-0035]
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: Proposed rule; request for comments.
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SUMMARY: NMFS proposes 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 proposed rule would revise
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 proposed rule would revise the
landing fish intact provisions for the recreational sector. In
addition, for Atlantic king mackerel, Amendment 34 would revise the
acceptable biological catch (ABC), annual optimum yield (OY), and
sector allocations. The purpose of this proposed rule and 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 and Spanish mackerel.
DATES: Written comments must be received on or before March 13, 2023.
ADDRESSES: You may submit comments on the proposed rule, 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="https://www.regulations.gov">https://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 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#e5a884979ccbb3849784a58b8a8484cb828a93"><span class="__cf_email__" data-cfemail="df92beada6f189beadbe9fb1b0bebef1b8b0a9">[email protected]</span></a>.
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 further 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 proposed 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.
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 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). 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.
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. 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
[[Page 8786]]
to be a more reliable estimate of recreational effort by the Councils
and their SSCs and NMFS, and more robust compared to the MRIP-CHTS
method. 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, not because there
was a sudden 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
proposed 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.
In addition to the revisions to the stock (total) ACL, sector ACLs,
and recreational annual catch target (ACT), the South Atlantic Council
is proposing modifications to Atlantic king mackerel management
measures to allow for recreational and commercial harvest at the
proposed fishing levels. The proposed rule would increase the
recreational bag and possession limits for Atlantic king mackerel in
the Exclusive Economic Zone (EEZ) off the east coast of Florida. The
proposed rule would also modify the recreational requirement for
Atlantic king mackerel and Spanish mackerel to be landed with heads and
fins intact. This would 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 Proposed Rule
This proposed rule would revise the Atlantic king mackerel stock
(total) ACLs, sector ACLs, recreational ACT, commercial zone ACLs, and
commercial southern zone seasonal ACLs based on the results of SEDAR 38
Update (2020) and the revised MRIP-FES estimates. Additionally, the
proposed rule would revise the recreational bag and possession limits
off the east coast of Florida for Atlantic king mackerel, and modify
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, the ABC would be revised based on the results of the
SEDAR 38 Update (2020) and the revised MRIP-FES estimates, and set the
stock ACL and annual OY equal to each other.
Amendment 34 and this proposed rule would revise the stock ACL and
annual OY for Atlantic king mackerel and set these values equal to 95
percent of the ABC. The revised 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 and this proposed rule would revise the Atlantic king
mackerel stock ACL as it is allocated between the recreational and
commercial sectors. 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 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 room to expand their
harvest without risking either sector meeting or exceeding their sector
annual catch limit.
Under this proposed rule, the revised recreational ACLs would 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.
Under this proposed rule, the commercial ACLs would 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 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 proposed commercial ACLs are
expected to be reached.
[[Page 8787]]
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 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, Florida, line) 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
would not change in Amendment 34.
The current northern zone commercial quota is 1,082,880 lb (491,186
kg). Based on the revised stock and commercial ACLs, under this
proposed rule 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). Under this proposed rule the southern zone commercial
ACL (quota) 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 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 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 commercial 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 and this proposed rule 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 in Amendment 34,
the recreational ACT would 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
This proposed rule 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
[[Page 8788]]
Florida is two fish per person. However, the recreational daily bag
limit is three fish per person in the rest of the Gulf, 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 match the 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 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
Atlantic king mackerel and Atlantic 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.
This proposed rule 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. Additionally, this proposed 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 Proposed
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 estimation methods
and the MRIP-CHTS. Amendment 34 would adopt 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 proposed 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 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 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.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the CMP FMP, the Magnuson-Stevens Act, and other
applicable laws, subject to further consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866. The Magnuson-Stevens Act provides
the statutory basis for this proposed rule. No duplicative,
overlapping, or conflicting Federal rules have been identified. A
description of this proposed rule and its purpose and need are
contained in the SUMMARY section of the preamble.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The factual basis for this certification is as follows.
The rule concerns commercial and recreational fishing for Atlantic
migratory king mackerel in Federal waters of the Mid-Atlantic and South
Atlantic. Anglers (recreational fishers) would be directly affected by
this rule; however, anglers are not considered small entities as that
term is defined in 5 U.S.C. 601(6). The rule would also directly apply
to businesses that operate in the commercial fishing industry, and
particularly those that operate commercial fishing vessels that harvest
king mackerel in the Mid-Atlantic and South Atlantic EEZ. Charter
vessels and headboats (for-hire) fishing businesses would be indirectly
affected, and because the effects on for-hire fishing businesses are
indirect, they fall outside the scope of the Regulatory Flexibility Act
(RFA).
From 2015 through 2019, an average of 99.9 percent of commercial
landings of king mackerel were harvested from and landed in the South
Atlantic region (Atlantic Coastal Cooperative Statistics Program data).
Because commercial harvest from and landings in the South Atlantic are
so predominant, the following analysis focuses on king mackerel
harvested from the South Atlantic region and landed in a South Atlantic
state. All monetary figures are in 2019 dollars.
Any commercial fishing vessel that harvests king mackerel in the
South Atlantic EEZ (or Mid-Atlantic EEZ) must have a valid Federal king
mackerel permit specifically assigned to that vessel. A condition of
the permit is that all landings of king mackerel harvested from either
the EEZ or state waters must be reported. An annual average of 858
vessels had valid Federal king mackerel permits from 2015 through 2019,
and approximately 839 of those Federally permitted vessels had
homeports in the South Atlantic. Approximately 81 percent (681) of the
839 South Atlantic Federally permitted vessels had annual reported
landings of king mackerel on average.
An estimated 532 unique businesses operate the average 681
Federally permitted vessels that harvest Atlantic king mackerel
annually. These 532 businesses represent approximately 74 percent of
the 722 unique businesses
[[Page 8789]]
located in the South Atlantic that hold the 858 Federal king mackerel
permits.
The average of federally permitted king mackerel vessels that
annually land king mackerel in the South Atlantic have a total annual
revenue of $29,232 from all landings and king mackerel accounts for
approximately 29 percent of that average annual revenue. However, that
average annual revenue varies by state. Annual total dockside revenue
for the average federally permitted vessel that lands king mackerel in
Florida and Georgia is approximately $26,446, and king mackerel
accounts for approximately 35 percent of total dockside revenue. The
average permitted vessel with landings of king mackerel in North
Carolina and South Carolina has annual total dockside revenue of
$28,651 and $83,633, respectively. King mackerel accounts for
approximately 21 percent of average annual total revenue of the average
permitted vessel that lands king mackerel in North Carolina and
approximately 3 percent for the average permitted vessel that lands
king mackerel in South Carolina.
NMFS expects all of the estimated 532 businesses that operate the
average annual 681 king mackerel permitted vessels that harvest
Atlantic king mackerel operate primarily in, but not necessarily
exclusively in, the commercial fishing industry. For RFA purposes only,
NMFS has established a small business size standard for businesses,
including their affiliates, whose primary industry is commercial
fishing (see 50 Code of Federal Regulations (CFR) 200.2). A business
primarily engaged in commercial fishing (North American Industry
Classification System (NAICS) code 11411) is classified as a small
business if it is independently owned and operated, is not dominant in
its field of operation (including affiliates) and has combined annual
receipts not in excess of $11 million for all its affiliated operations
worldwide. As stated above, the average annual total revenue for the
average permitted vessel that reports landings of Atlantic king
mackerel is substantially less than $11 million. Moreover, additional
analysis indicates none of the estimated 532 businesses have combined
revenues that reach that figure. Therefore, all of the 532 businesses
that operate commercial vessels that annually harvest king mackerel in
the South Atlantic EEZ are small.
This proposed rule is composed of five actions. Three of the
actions concern recreational fishing only and for reasons stated above
their impacts are not relevant to this analysis. Action 1 in Amendment
34 would revise the ABC and total ACL (commercial and recreational) for
Atlantic king mackerel. Action 1 would increase the total ACL. The
increase would be 18,460,000 lb (8,373,315 kg) in the 2022/2023 fishing
year, then lessen each year following until the increase is 8,010,000
lb (3,633,275 kg) in the 2026-2027 and subsequent fishing years. The
impact of this action on small commercial fishing businesses is
dependent on Action 2 (sector allocation).
Action 2 would retain the current allocation of 37.1 percent of the
total ACL to the commercial sector and the remaining 62.9 percent to
the recreational sector. Action 2 combined with Action 1 would increase
the commercial ACL by 6,860,360 lb (3,111,807 kg) in the 2022-2023
fishing year, then lessen each year thereafter until the increase in
the commercial ACL is 2,983,401 lb (1,353,248 kg) in 2026-2027 and
beyond fishing years.
The increased commercial ACL would allow for increased Atlantic
king mackerel landings, which could benefit the average annual 681
permitted vessels that harvest Atlantic king mackerel and the 532 small
businesses that operate these vessels. With an average dockside price
of $2.30 per lb, the maximum annual potential benefit to the combined
small businesses, assuming they account for all king mackerel ACL
landings, would be annual increases in dockside revenue from Atlantic
king mackerel landings that would range from approximately $6.86
million to $15.78 million. That, however, is a potential benefit only
because status quo commercial landings have been less than the status
quo commercial ACL. Commercial landings would have to increase in the
future beyond the status quo ACL to benefit from the proposed increases
in the commercial ACL.
The commercial ACL for Atlantic king mackerel is divided into two
zones, each with its own quota. The northern zone is allocated 23.04
percent of the commercial ACL while the southern zone is allocated the
remaining 76.96 percent of the commercial ACL. Under combined Actions 1
and 2, the zone allocations would not change, but the quotas for both
zones would increase with the increase in the commercial ACL. Although
both zones' status quo landings have been less than their respective
status quo quotas, there is the potential benefit of increased landings
in either or both zones in the future because the quotas would
increase.
Since 2020-2021, the fishing year for the southern zone has been
divided into two seasons: Season 1 (March 1-September 30) and Season 2
(October 1-end of February), with 60 percent of the southern zone quota
allocated to Season 1 and the remaining 40 percent being allocated to
Season 2. During the 2020-2021 and 2021-2022 fishing years, landings of
Atlantic king mackerel in Season 1 and Season 2 were less than the
seasonal quotas. Hence, the increases in the southern zone seasonal
quotas under combined Actions 1 and 2 are not expected to have any
beneficial impact on small businesses that harvest Atlantic king
mackerel in the southern zone during either Season 1 or Season 2.
Nonetheless, there is the potential future benefit that comes from
increases in the seasonal quotas.
In summary, the proposed rule is expected to have no adverse or
beneficial impact on small businesses. However, the increases in the
commercial ACL and the corresponding increases in the zone quotas and
southern zone seasonal quotas, would generate potential future
beneficial impacts.
Action 5 would change the definition of a damaged Atlantic king or
Atlantic Spanish mackerel. Currently, it is equated with a cut-off
fish, and that has created confusion, particularly in the recreational
sector. The proposed action would remove ``cut-off,'' while adding that
a damaged fish refers to a Atlantic king mackerel or Atlantic Spanish
mackerel that is damaged only through natural predation. Current
commercial requirements concerning landing fish intact and damaged fish
would be retained. As such, Action 5 is an administrative action
concerning the commercial sector and any impact would be indirect.
From the above it is concluded that the proposed rule would not
have a significant economic impact on a substantial number of small
entities and an initial regulatory flexibility analysis is not required
and none has been prepared.
Because no new reporting or record-keeping requirements are
introduced by this proposed rule, the Paperwork Reduction Act does not
apply to this proposed rule.
List of Subjects in 50 CFR Part 622
Annual catch limits, Atlantic, Bag and possession limits,
Fisheries, Fishing, King mackerel, Spanish mackerel.
[[Page 8790]]
Dated: February 2, 2023.
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
proposed to be 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.
Sec. 622.19 [Amended]
0
2. In Sec. 622.19, remove and reserve paragraph (b)(1).
0
3. In Sec. 622.381, revise paragraphs (a) and (b) 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.
0
4. In Sec. 622.382, revise paragraph (a)(1)(i) to read as follows:
Sec. 622.382 Bag and possession limits
* * * * *
(a) * * *
(1) * * *
(i) Atlantic migratory group king mackerel--3.
* * * * *
0
5. In Sec. 622.384, revise introductory paragraph (b)(2), and
paragraphs (b)(2)(i) and (b)(2)(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.
* * * * *
0
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) Recreational sector.
(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
[[Page 8791]]
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. 2023-02777 Filed 2-9-23; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on February 10, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.