Proposed Rule2023-14757
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagics Resources in the Gulf of Mexico and Atlantic Region; Framework Amendment 12
Primary source
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Published
July 17, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes regulations to implement management measures described in Framework Amendment 12 under 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 proposed rule and Framework Amendment 12 would modify the Gulf of Mexico (Gulf) migratory group of king mackerel (Gulf king mackerel) gillnet component commercial fishing season. The purpose of this proposed rule and Framework Amendment 12 is to allow the Gulf king mackerel gillnet component of the CMP fishery to fish without interruption from the season start date until NMFS determines that the gillnet quota has been met.
Full Text
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<title>Federal Register, Volume 88 Issue 135 (Monday, July 17, 2023)</title>
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[Federal Register Volume 88, Number 135 (Monday, July 17, 2023)]
[Proposed Rules]
[Pages 45384-45386]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14757]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 230706-0162]
RIN 0648-BM37
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Coastal Migratory Pelagics Resources in the Gulf of Mexico and Atlantic
Region; Framework Amendment 12
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 management measures
described in Framework Amendment 12 under 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 proposed
rule and Framework Amendment 12 would modify the Gulf of Mexico (Gulf)
migratory group of king mackerel (Gulf king mackerel) gillnet component
commercial fishing season. The purpose of this proposed rule and
Framework Amendment 12 is to allow the Gulf king mackerel gillnet
component of the CMP fishery to fish without interruption from the
season start date until NMFS determines that the gillnet quota has been
met.
DATES: Written comments must be received on or before August 16, 2023.
ADDRESSES: You may submit comments on the proposed rule, identified by
``NOAA-NMFS-2023-0075,'' 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-2023-0075'', in the Search
box. Click the ``Comment'' icon, complete the required fields, and
enter or attach your comments.
<bullet> Mail: Submit written comments to Kelli O'Donnell,
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
[[Page 45385]]
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 Framework Amendment 12, 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-12-modifications-commercial-gulf-king-mackerel-gillnet-fishing-season">https://www.fisheries.noaa.gov/action/framework-12-modifications-commercial-gulf-king-mackerel-gillnet-fishing-season</a>.
FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, telephone: 727-824-
5305, or email: <a href="/cdn-cgi/l/email-protection#abe0cec7c7c285e4efc4c5c5cec7c7ebc5c4caca85ccc4dd"><span class="__cf_email__" data-cfemail="3d76585151541372795253535851517d53525c5c135a524b">[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
and implemented through regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act).
Background
Under the CMP FMP, the Gulf Council has the authority to develop
framework amendments specific to manage fishing for the Gulf migratory
group of king mackerel, which is found in Federal waters from Texas to
the Florida Monroe/Miami-Dade County boundary. Fishing by the Gulf king
mackerel gillnet component is allowed only in the Gulf king mackerel
southern zone as described in 50 CFR 622.369(a)(1)(iii).
The current Gulf king mackerel gillnet component fishing season
starts annually in January the Tuesday after the Martin Luther King Jr.
Federal holiday. The first weekend after the fishing season starts is
open to gillnet fishing, but all subsequent weekends and holidays are
closed to gillnet fishing while the season remains open. The current
fishing season structure was established in a 1999 Framework Amendment
to the CMP FMP (64 FR 45457, August 20, 1999). This fishing season
structure was based on a need to formalize a private agreement between
the small number of gillnet participants, which was to wait until
January to fish, so they reduced the chance of a quota overage for the
gillnet component. After the season and first weekend opening,
subsequent weekends and holidays were closed to fishing because the
gillnet component could rapidly harvest the fish and NMFS did not have
the ability to monitor landings and process an inseason closure during
weekends and holidays. However, for the last 10 years, gillnet fishers
have cooperated with NMFS and voluntarily stopped fishing when landings
are close to reaching the gillnet component ACL (component quota). The
gillnet fishers then wait for NMFS to determine if there is remaining
quota available to harvest or if the season will be closing. Due to the
low number of participants within the Gulf king mackerel gillnet
component, and their consistent cooperation with NMFS, NMFS expects
this practice to continue to be successful. This cooperation also helps
ensure that landings do not exceed the commercial gillnet component
ACL, which would result in a reduction of the component ACL in the
following fishing year (50 CFR 622.388(a)(1)(iii)).
In 2022, the Council received a request from Gulf king mackerel
commercial gillnet component fishermen to remove the weekend and
holiday seasonal closures during the fleet's open season. The request
stated that the removal of the weekend and holiday closures would allow
the gillnet component to be more efficient by allowing participants to
harvest the gillnet component quota as quickly as possible and so that
they may then return to harvesting other species. The Council agreed
that the weekend and holiday closures are no longer necessary.
Management Measure Contained in This Proposed Rule
For the Gulf king mackerel commercial gillnet component, this
proposed rule would revise the fishing season. The current fishing
season for the Gulf king mackerel gillnet component starts the Tuesday
after the Martin Luther King Jr. Federal holiday. The first weekend
after the fishing season starts is open, but all subsequent weekends
and holidays are closed to fishing while the season remains open.
Through this proposed rule the revised the fishing season would still
start the Tuesday after the Martin Luther King Jr. Federal holiday but
with all subsequent weekends and holidays remaining open to fishing
while the season remains open.
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 Framework Amendment 12, the CMP FMP, other provisions
of the Magnuson-Stevens Act, and other applicable law, subject to
further consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA),
the Chief Counsel for Regulation of the Department of Commerce has
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 determination follows.
A description of this proposed rule, why it is being considered,
and the objectives of this proposed rule are contained in the SUMMARY
and SUPPLEMENTARY INFORMATION sections of this proposed rule. The
Magnuson-Stevens Act provides the statutory basis for this proposed
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 proposed rule.
This proposed rule, if implemented, would remove the weekend and
holiday closures for the Gulf king mackerel gillnet component fishing
season and would apply to all federally-permitted commercial vessels
that fish for or harvest Gulf king mackerel using gillnets in the Gulf
southern zone. It would not directly apply to federally-permitted
dealers. Any change in the supply of king mackerel available for
purchase by dealers as a result of this proposed rule, and associated
economic effects, would be an indirect effect of this proposed rule and
would therefore fall outside the scope of the RFA.
During 2021, there were a total of 1,389 valid or renewable Federal
commercial king mackerel permits and 16 king mackerel gillnet
endorsements. On average from 2017 through 2021, there were 14
federally-permitted commercial vessels with reported landings of Gulf
king mackerel using gillnets in the southern zone. Their average annual
vessel-level gross revenue from all species for 2017 through 2021 was
$286,906 (2021 dollars), and Gulf king mackerel harvested with gillnets
accounted for approximately 16 percent of this revenue. For commercial
vessels that harvest Gulf king mackerel using gillnets in the southern
zone, economic profits are estimated to range from $12,624 to $61,972
(4.4 percent to 21.6 percent of annual gross revenue), on average. The
maximum annual revenue
[[Page 45386]]
from all species reported by a single vessel that harvested Gulf king
mackerel with gillnets from 2017 through 2021 was approximately $1
million (2021 dollars). It is important to note that some commercial
fishing businesses own and operate more than one vessel. On average
from 2017 through 2021, there were 13 commercial fishing businesses
identified that had Gulf king mackerel gillnet landings. During this
time, these businesses earned an average annual revenue of
approximately $637,000 (2021 dollars), and king mackerel gillnet
landings accounted for approximately 8 percent of this revenue. The
maximum annual revenue from all species reported by a single one of
these commercial fishing businesses from 2017 through 2021 was
approximately $2 million (2021 dollars).
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 CFR 200.2). A business primarily
engaged in commercial fishing (North American Industry Classification
System code 11411) is classified as a small business if it is
independently owned and operated, is not dominant in its field of
operation (including its affiliates), and has combined annual receipts
not in excess of $11 million for all its affiliated operations
worldwide. All of the commercial fishing businesses directly regulated
by this proposed rule are believed to be small entities based on the
NMFS size standard. No other small entities that would be directly
affected by this proposed rule have been identified.
This proposed rule would modify the fishing season for the Gulf
king mackerel gillnet component of the CMP fishery by removing the
weekend and holiday closures. The removal of this closure provision
would be expected to reduce fuel costs as vessels would no longer be
required to return to the docks for weekends and holidays. It would
also allow these vessels to prosecute the Gulf king mackerel southern
zone gillnet quota in a more timely and efficient manner, allowing
operators to switch fishing gear sooner and attempt to increase their
harvest and revenue in the stone crab and spiny lobster fisheries
subsequent to the gillnet fishing season. NMFS expects that these
improvements in efficiency would increase economic profits for the
affected small entities; however, these economic effects cannot be
quantified with existing data.
In summary, the information provided above supports a determination
that this proposed rule would not have a significant economic impact on
a substantial number of small entities. As a result, an initial
regulatory flexibility analysis is not required and none has been
prepared.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Gulf of Mexico, King mackerel.
Dated: July 6, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 622 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. 622.378, revise paragraph (a) to read as follows:
Sec. 622.378 Seasonal closures of the Gulf migratory group king
mackerel gillnet fishery.
(a) Seasonal closure of the gillnet component for Gulf migratory
group king mackerel. The gillnet component for Gulf migratory group
king mackerel in or from the southern zone is closed each fishing year
from July 1 until 6 a.m. eastern standard time on the day after the
Martin Luther King Jr. Federal holiday. During the closure, a person
aboard a vessel using or possessing a gillnet with a stretched-mesh
size of 4.75 inches (12.1 cm) or larger in the southern zone may not
fish for or possess Gulf migratory group king mackerel. (See Sec.
622.369(a)(1)(iii) for a description of the southern zone.)
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[FR Doc. 2023-14757 Filed 7-14-23; 8:45 am]
BILLING CODE 3510-22-P
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