Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region; Amendment 26, 17387-17402 [2017-07233]
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Federal Register / Vol. 82, No. 68 / Tuesday, April 11, 2017 / Rules and Regulations
cannot be used for fishing, but so that
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[FR Doc. 2017–07251 Filed 4–10–17; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 160426363–7275–02]
RIN 0648–BG03
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Coastal
Migratory Pelagic Resources in the
Gulf of Mexico and Atlantic Region;
Amendment 26
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues regulations to
implement management measures
described in Amendment 26 to the
Fishery Management Plan for the
Coastal Migratory Pelagics Fishery of
the Gulf of Mexico and Atlantic Region
(FMP) as prepared and submitted jointly
by the Gulf of Mexico Fishery
Management Council (Gulf Council) and
South Atlantic Fishery Management
Council (South Atlantic Council).
Amendment 26 and this final rule adjust
the management boundary for the Gulf
of Mexico (Gulf) and Atlantic migratory
groups of king mackerel; revise
acceptable biological catch (ABC),
commercial and recreational annual
catch limits (ACLs), commercial quotas
and recreational annual catch targets
(ACTs) for Atlantic migratory group
king mackerel; allow limited retention
and sale of Atlantic migratory group
king mackerel incidentally caught in the
shark gillnet fishery; establish a
commercial split season for Atlantic
migratory group king mackerel in the
Atlantic southern zone; establish a
commercial trip limit system for
Atlantic migratory group king mackerel
in the Atlantic southern zone; revise the
commercial and recreational ACLs for
Gulf migratory group king mackerel;
revise commercial zone quotas for Gulf
migratory group king mackerel; and
modify the recreational bag limit for
Gulf migratory group king mackerel.
The purpose of Amendment 26 and this
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SUMMARY:
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final rule is to ensure that king mackerel
management is based on the best
scientific information available, while
increasing the social and economic
benefits of the fishery.
DATES: This final rule is effective May
11, 2017.
ADDRESSES: Electronic copies of
Amendment 26 may be obtained from
the Southeast Regional Office Web site
at https://sero.nmfs.noaa.gov/
sustainable_fisheries/gulf_sa/cmp/2016/
am%2026/. Amendment 26
includes an environmental assessment,
a Regulatory Flexibility Act (RFA)
analysis, and a regulatory impact
review.
FOR FURTHER INFORMATION CONTACT:
Karla Gore, Southeast Regional Office,
NMFS, telephone: 727–824–5305, or
email: karla.gore@noaa.gov.
SUPPLEMENTARY INFORMATION: The
coastal migratory pelagic fishery of the
Gulf and Atlantic Regions is managed
under the FMP and includes the
management of the Gulf and Atlantic
migratory groups of king mackerel,
Spanish mackerel, and cobia. The FMP
was prepared jointly by the Gulf and
South Atlantic Councils (Councils) and
is implemented through regulations at
50 CFR part 622 under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
On December 14, 2016, NMFS
published a notice of availability for
Amendment 26 and requested public
comment (81 FR 90314). On December
29, 2016, NMFS published a proposed
rule for Amendment 26 and requested
public comment (81 FR 95941). The
proposed rule and Amendment 26
outline the rationale for the actions
contained in this final rule. A summary
of the management measures described
in Amendment 26 and implemented by
this final rule is provided below.
Management Measures Contained in
This Final Rule
This final rule to implement
Amendment 26 adjusts the management
boundary of the Gulf and Atlantic
migratory groups of king mackerel;
revises management reference points,
the commercial and recreational ACLs,
commercial quotas and recreational
ACTs for Atlantic migratory group king
mackerel; allows limited retention and
sale of incidental catch of Atlantic
migratory group king mackerel in the
shark gillnet fishery; establishes a
commercial split season for Atlantic
migratory group king mackerel in the
Atlantic southern zone; establishes a
commercial trip limit system for
Atlantic migratory group king mackerel
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17387
in the Atlantic southern zone; revises
commercial and recreational ACLs for
Gulf migratory group king mackerel;
revises commercial zone quotas for Gulf
migratory group king mackerel; and
modifies the recreational bag limit for
Gulf migratory group king mackerel.
Management Boundary and Zone
Descriptions for the Gulf and Atlantic
Migratory Groups of King Mackerel
Currently, management boundaries
change seasonally for the Gulf and
Atlantic migratory groups of king
mackerel based on the historical
understanding that the two migratory
groups mixed seasonally off the east
coast of Florida and in Monroe County,
FL. However, in 2014, the Southeast
Data, Assessment, and Review (SEDAR)
38 stock assessment (SEDAR 38)
determined that the mixing zone
between the two migratory groups now
exists only in the portion of the
Exclusive Economic Zone (EEZ) off
Monroe County, Florida, south of the
Florida Keys. This final rule sets a
single year-round regulatory boundary
(Gulf/Atlantic group boundary)
separating management of the two
migratory groups of king mackerel,
based on the genetic analysis used in
SEDAR 38. This new year-round Gulf/
Atlantic group boundary is set at a line
extending east from the Miami-Dade/
Monroe County, FL, boundary, to better
represent the area where the two
migratory groups primarily exist. The
newly defined mixing zone off the
Florida Keys is included in the Gulf
migratory group and will be managed by
the Gulf Council.
This final rule renames the Gulf
migratory group’s current eastern zonenorthern subzone and eastern zonesouthern subzone as the northern zone
and southern zone, respectively. The
southern zone includes the new mixing
zone, extending east to the new Gulf/
Atlantic group boundary. The name and
dimensions of the Gulf migratory
group’s western zone remain the same.
The Atlantic migratory group’s northern
zone also remains unchanged. This final
rule shifts the southern boundary of the
Atlantic migratory group’s southern
zone to the new Gulf/Atlantic group
boundary. Due to this shift, the current
Florida east coast subzone will no
longer exist. Instead, that area will be
included in the Atlantic migratory
group’s southern zone year-round.
NMFS notes that the final rule for
Amendment 26 will be effective after
the end of the fishing year for Atlantic
migratory group king mackerel. As
described in Amendment 26 and the
proposed rule, landings from the Florida
east coast subzone for the 2016/17
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fishing year will be attributed to the
Atlantic southern zone quota. Therefore,
any landings from the Florida east coast
subzone between November 1, 2016,
and March 31, 2017, will count against
the Atlantic southern zone king
mackerel commercial 2016/17 quota.
This rule does not change the current
Federal fishing permitting requirements
for fishing for king mackerel in Gulf and
Atlantic Federal waters.
Atlantic Migratory Group King Mackerel
ACLs, Commercial Quotas and
Recreational ACTs
This final rule revises the overfishing
limits and ABCs for Atlantic migratory
group king mackerel based on SEDAR
38 and the South Atlantic Council’s
Scientific and Statistical Committee
(SSC) recommended ABCs based on a
high recruitment scenario. The Atlantic
migratory group ABC will gradually
decrease from 17.4 million lb (7.89
million kg) in the 2016–2017 fishing
year to 12.7 million lb (5.76 million kg)
in the 2019–2020 fishing year.
Amendment 26 and this final rule
also set the Atlantic migratory group
stock ACL equal to optimum yield (OY)
and the new ABC. The Atlantic
migratory group’s sector allocation (37.1
percent of the ACL to the commercial
sector and 62.9 percent of the ACL to
the recreational sector) will not change.
This final rule revises the commercial
ACLs for the Atlantic migratory group to
be 6.5 million lb (2.9 million kg) for the
2016–2017 fishing year, 5.9 million lb
(2.7 million kg) for the 2017–2018
fishing year, 5.2 million lb (2.4 million
kg) for the 2018–2019 fishing year, and
4.7 million lb (2.1 million kg) for the
2019–2020 fishing year and subsequent
fishing years. This final rule revises the
recreational ACLs for the Atlantic
migratory group to be 10.9 million lb
(4.9 million kg) for the 2016–2017
fishing year, 9.9 million lb (4.5 million
kg) for the 2017–2018 fishing year, 8.9
million lb (4.0 million kg) for the 2018–
2019 fishing year, and 8.0 million lb (3.6
million kg) for the 2019–2020 fishing
year and subsequent fishing years. The
recreational sector ACTs for the Atlantic
migratory group are set at 10.1 million
lb (4.6 million kg) for the 2016–2017
fishing year, 9.2 million lb (4.2 million
kg) for the 2017–2018 fishing year, 8.3
million lb (3.8 million kg) for the 2018–
2019 fishing year, and 7.4 million lb (3.4
million kg) for the 2019–2020 fishing
year and subsequent fishing years.
The commercial ACLs for Atlantic
migratory group king mackerel are
divided each fishing year between the
northern zone (23.04 percent) and
southern zone (76.96 percent) into their
respective commercial quotas. The
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commercial quotas for the Atlantic
northern zone are 1,497,600 lb (679,300
kg) for the 2016–17 fishing year,
1,359,360 lb (616,595 kg) for the 2017–
2018 fishing year, 1,198,080 lb (543,440
kg) for the 2018–2019 fishing year, and
1,082,880 lb (491,186 kg) for the 2019–
2020 fishing year and subsequent years.
The commercial quotas for the Atlantic
southern zone are 5,002,400 lb
(2,269,050 kg) for the 2016–2017 fishing
year, 4,540,640 lb (2,059,600 kg) for the
2017–2018 fishing year, 4,001,920 lb
(1,815,240 kg) for the 2018–2019 fishing
year, and 3,617,120 lb (1,640,698 kg) for
the 2019–2020 fishing year and
subsequent fishing years.
Incidental Catch of Atlantic Migratory
Group King Mackerel Caught in the
Shark Gillnet Fishery
Amendment 20A to the FMP
prohibited recreational bag limit sales of
king mackerel by commercially
permitted king mackerel fishermen in
South Atlantic Council jurisdictional
waters, which included king mackerel
incidentally caught on directed
commercial shark trips (79 FR 34246,
June 16, 2014). Through this final rule,
a vessel in the Atlantic exclusive
economic zone (EEZ) that is engaged in
directed shark fishing with gillnets that
has both a valid Federal shark directed
commercial permit and a valid Federal
king mackerel commercial permit will
be allowed to retain a limited number of
king mackerel. In the Atlantic northern
zone, no more than three king mackerel
per crew member may be retained or
sold per trip. In the Atlantic southern
zone, no more than two king mackerel
per crew member may be retained or
sold per trip. These incidentally caught
king mackerel may be retained or sold
only to a dealer with a valid Federal
Gulf and South Atlantic dealer permit.
The incidental catch allowance does
not apply to commercial shark trips that
are using an authorized gillnet for
Atlantic migratory group king mackerel
north of 34°37.3′ N. lat, the latitude of
Cape Lookout Light, NC, where the
commercial trip limit of 3,500 lb (1,588
kg) applies. No type of gillnet is an
allowable gear for Atlantic migratory
group king mackerel south of Cape
Lookout Light.
Commercial Split Seasons for Atlantic
Migratory Group King Mackerel in
Atlantic Southern Zone
Currently, the commercial fishing
year for Atlantic migratory group king
mackerel is March 1 through the end of
February, and the commercial ACLs for
the Atlantic northern zone and southern
zone are allocated for the entire fishing
year. This final rule divides the annual
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Atlantic migratory group commercial
quota for the Atlantic southern zone
into two commercial seasons. The
Atlantic northern zone quota will not be
split. This final rule allocates 60 percent
of the Atlantic southern zone
commercial quota to the first season of
March 1 through September 30, and 40
percent to the second of October 1
through the end of February. This
commercial split season for the Atlantic
southern zone quota is intended to
ensure that a portion of the southern
zone’s quota is available in later months
of the fishing year, which will allow for
increased fishing opportunities in that
area during more of the fishing year.
The seasonal commercial quotas for
the first season of March 1 through
September 30, in the southern zone are:
3,001,440 lb (1,361,430 kg) for the 2016–
2017 fishing year, 2,724,384 lb
(1,235,760 kg) for the 2017–2018 fishing
year, 2,401,152 lb (1,089,144 kg) for the
2018–2019 fishing year, and 2,170,272
lb (984,419 kg) for the 2019–2020
fishing year and subsequent fishing
years. The seasonal commercial quotas
for the second season of October 1
through the end of February in the
southern zone are: 2,000,960 lb (907,620
kg) for the 2016–2017 fishing year,
1,816,256 lb (823,840 kg) for the 2017–
2018 fishing year, 1,600,768 lb (726,096
kg) for the 2018–2019 fishing year, and
1,446,848 lb (656,279 kg) for the 2019–
2020 fishing year and subsequent years.
Commercial Trip Limit System for the
Atlantic Migratory Group of King
Mackerel in the Atlantic Southern Zone
This final rule revises the commercial
trip limits for Atlantic migratory group
king mackerel in the Atlantic southern
zone, based on the revised management
boundary and split commercial season.
During the first commercial season
(March 1 through September 30), in the
area between the Flagler/Volusia
County, FL, boundary (29°25′ N. lat.),
and the Miami-Dade/Monroe County,
FL, boundary (25°20.24″ N. lat.), the trip
limit will be 50 fish during March. From
April 1 through September 30, the trip
limit will be 75 fish, unless NMFS
determines that 75 percent or more of
the Atlantic southern zone quota for the
first season has been landed, then the
trip limit will be 50 fish. During the
second commercial season (October 1
through the end of February), the trip
limit will be 50 fish for the area between
the Flagler/Volusia County, FL,
boundary, and the the Miami-Dade/
Monroe County, FL, boundary from
October 1 through January 31. During
the month of February, the trip limit
will remain 50 fish, unless NMFS
determines that less than 70 percent of
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the commercial quota for the southern
zone’s second season has been landed,
then the trip limit will be 75 fish.
This final rule does not revise the
3,500 lb (1,588 kg) year-round trip limit
for Atlantic migratory group king
mackerel north of the Flagler/Volusia
County, FL, boundary.
Gulf Migratory Group King Mackerel
ACLs
The current ABC and total ACL for
Gulf migratory group king mackerel is
10.8 million lb (4.89 million kg). This
final rule revises the total ACLs for the
Gulf migratory group of king mackerel
to be equal to the ABCs recommended
by the Gulf Council’s SSC: 9.21 million
lb (4.18 million kg) for the 2016–2017
fishing year, 8.88 million lb (4.03
million kg) for the 2017–2018 fishing
year, 8.71 million lb (3.95 million kg)
for the 2018–2019 fishing year, and 8.55
million lb (3.88 million kg) for the
2019–2020 fishing year.
This final rule does not revise the
current recreational and commercial
allocations of Gulf migratory group king
mackerel (68 percent of the total ACL to
the recreational sector and 32 percent to
the commercial sector). Based on the
existing allocations, and the revisions to
the total ACLs for Gulf migratory group
king mackerel in this final rule, the
commercial ACLs for Gulf migratory
group king mackerel are: 2.95 million lb
(1.34 million kg) for the 2016–2017
fishing year, 2.84 million lb (1.29
million kg) for the 2017–2018 fishing
year, 2.79 million lb (1.27 million kg)
for the 2018–2019 fishing year, and 2.74
million lb (1.24 million kg) for the
2019–2020 fishing year and subsequent
fishing years.
These Gulf migratory group
commercial ACLs are further divided
into gear-specific commercial ACLs, for
hook-and-line gear, and for vessels
fishing with run-around gillnet gear,
which is only an authorized gear in the
southern zone. The hook-and-line
component commercial ACLs (which
applies to the entire Gulf) are: 2,330,500
lb (1,057,097 kg) for the 2016–2017
fishing year, 2,243,600 lb (1,017,680 kg)
for the 2017–2018 fishing year,
2,204,100 lb (999,763 kg) for the 2018–
2019 fishing year, and 2,164,600 lb
(981,846 kg) for the 2019–2020 fishing
year and subsequent years. The runaround gillnet component commercial
ACLs (which applies to the Gulf
southern zone) are: 619,500 lb (281,000
kg) for the 2016–2017 fishing year,
596,400 lb (270,522 kg) for the 2017–
2018 fishing year, 585,900 lb (265,760
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kg) for the 2018–2019 fishing year, and
575,400 lb (260,997 kg) for the 2019–
2020 fishing year and subsequent
fishing years.
The recreational ACLs for Gulf
migratory group king mackerel are: 6.26
million lb (2.84 million kg) for the
2016–2017 fishing year, 6.04 million lb
(2.74 million kg) for the 2017–2018
fishing year, 5.92 million lb (2.69
million kg) for the 2018–2019 fishing
year, and 5.81 million lb (2.64 million
kg) for the 2019–2020 fishing year and
subsequent fishing years.
Commercial Zone Quotas for Gulf
Migratory Group King Mackerel
Amendment 26 and this final rule
also revise the Gulf migratory group
commercial zone quotas, because of the
changes to the Councils’ regulatory
management boundary and resultant
zone revisions. The current allocation of
the commercial zone quota for Gulf
migratory group king mackerel by zones
is 31 percent in the western zone, 5.17
percent in the northern zone, 15.96
percent for the southern zone using
hook-and-line gear, 15.96 percent for the
southern zone using gillnet gear, and
31.91 percent for the Florida east coast
subzone. However, under this final rule,
the Florida east coast subzone will no
longer exist. The quota associated with
the Florida east coast subzone is reallocated to the remaining zones. The
revised allocation of commercial zone
quotas for Gulf migratory group king
mackerel is: 40 percent in the western
zone, 18 percent in the northern zone,
21 percent for the southern zone using
hook-and-line gear, and 21 percent for
the southern zone using gillnet gear.
The commercial quotas for the Gulf
western zone are: 1,180,000 lb (535,239
kg) for the 2016–2017 fishing year,
1,136,000 lb (515,281 kg) for the 2017–
2018 fishing year, 1,116,000 lb (506,209
kg) for the 2018–2019 fishing year, and
1,096,000 lb (497,137 kg) for the 2019–
2020 fishing year and subsequent
fishing years.
The commercial quotas for the Gulf
northern zone are: 531,000 lb (240,858
kg) for the 2016–2017 fishing year,
511,200 lb (231,876 kg) for the 2017–
2018 fishing year, 502,200 lb (227,794
kg) for the 2018–2019 fishing year, and
493,200 lb (223,712 kg) for the 2019–
2020 fishing year and subsequent
fishing years.
The commercial hook-and-line and
commercial run-around gillnet
component quotas in the southern zone
are equal for each fishing year: 619,500
lb (281,000 kg) for the 2016–2017
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17389
fishing year, 596,400 lb (270,522 kg) for
the 2017–2018 fishing year, 585,900 lb
(265,760 kg) for the 2018–2019 fishing
year, and 575,400 lb (260,997 kg) for the
2019–2020 fishing year and subsequent
fishing years.
Recreational Bag Limit for Gulf
Migratory Group of King Mackerel
This final rule will increase the
recreational bag limit for Gulf migratory
group king mackerel from 2 fish per
person per trip to 3 fish per person per
trip. In Amendment 26, the Councils
considered, but rejected, the possibility
of reallocating from the recreational
ACL to the commercial ACL. The
Councils instead decided to increase the
recreational bag limit for Gulf migratory
group king mackerel, as this increased
recreational bag limit will allow more
opportunities for recreational anglers to
harvest the recreational sector’s ACL.
Comments and Responses
A total of 28 comment submissions
were received on the proposed rule and
Amendment 26 from both commercial
and recreational fishers, industry
groups, the Councils, and one Federal
agency. Of the comments received, 20
comment submissions expressed general
support for the actions within
Amendment 26. Several comments
raised issues outside the scope of
Amendment 26 and the proposed rule,
including requests for a shark gillnet
bycatch allowance for species not in the
FMP, a change to the king mackerel
minimum size limit, and a prohibition
on gillnets. Because those comments are
outside of the scope of the actions
considered in Amendment 26 and the
proposed rule, NMFS is not providing
responses in this final rule. NMFS
identified six specific comments related
to Amendment 26 and its proposed rule.
These six specific comments and NMFS’
respective responses are summarized
below.
Comment 1: NMFS should expedite
implementation of the final rule for
Amendment 26 by waiving the 30-day
delay in effectiveness for the regulations
in this final rule. Implementation of
these regulations will provide economic
and social benefits to commercial and
recreational fishermen and associated
businesses and communities across the
South Atlantic, Mid-Atlantic, and Gulf
by increasing the king mackerel quotas.
In addition, the regulations will align
management for this species with the
best scientific information available.
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Response: The Administrative
Procedure Act (APA) sets forth specific
provisions governing Federal agency
rulemaking. As described in 5 U.S.C.
553(d), the APA requires the publication
of a rule not less than 30 days prior to
its effective date, except where certain
conditions are met. Waiver of the
requirement for this 30-day delay in
effectiveness (cooling off period), may
only be granted where (1) a the
substantive rule grants or recognize a
exemption or relieves a restriction, (2)
the rule is an interpretative rule or
statement of policy, or (3) the Agency
find good cause for waiver of the
cooling off period.
For this final rule, NMFS considered
waiving the 30-day cooling off period
for the entire final rule or for actions
within the amendment and determined
that waiver is not appropriate. While
certain actions within Amendment 26,
such as the revisions to the Gulf and
Atlantic migratory group ACLs and
quotas, relieve a restriction, this final
rule contains many actions that are
interconnected, including actions that
do not clearly relieve a restriction. The
revised quotas are directly related to the
revised management boundary and
associated changes to the zone system
for the Gulf and the Atlantic migratory
groups of king mackerel.
Implementation of the revised
management zones is tied to other
management actions within this final
rule and Amendment 26, such as
commercial trip limits, which impose a
restriction and would not qualify for a
waiver under the APA. Because the
revised quotas directly relate to the
revised management boundary and the
associated changes to the zone system
for Gulf and Atlantic migratory groups
of king mackerel, NMFS determined
that it would be impractible to waive
the cooling off period for this final rule,
as requested by the Councils. The
measures in this final rule will be
effective 30 days after publication in the
Federal Register.
Comment 2: The proposed action to
establish a year-round management
boundary at the Miami-Dade/Monroe
county line will negatively impact the
Florida Keys hook-and-line king
mackerel fishermen that depend on the
season opening under the Atlantic
migratory group commercial quota on
April 1. This April 1 season opening has
historically been crucial to the financial
viability of king mackerel fishing in the
Florida Keys.
Response: The year-round boundary
at the Miami-Dade/Monroe county line
established through this final rule will
eliminate the seasonal boundary shift
currently in place. Under this final rule,
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fishermen in Federal waters off of the
Florida Keys will fish under the Gulf
migratory group commercial quota for
the entire fishing year. Currently,
vessels fishing in Federal waters off of
the Florida Keys fish under the
commercial quota for Gulf migratory
group king mackerel during November 1
through March 31 and under the
commercial quota for the Atlantic
migratory group during April 1 through
March 31. The proposed change in the
regulatory boundary line for the Gulf
and Atlantic migratory groups of king
mackerel will not change the trip limit
for this area, but vessels will no longer
have the opportunity to continue fishing
for king mackerel in Federal waters off
the Florida Keys once the Gulf
migratory group king mackerel quota for
hook-and-line vessels in the Gulf
southern zone has been reached.
The boundary change may result in
adverse impacts on hook-and-line
vessels in Federal waters off the Florida
Keys. However, those adverse impacts
should be mitigated by the action to
divide and allocate the commercial ACL
from the Florida east coast subzone to
the remaining Gulf commercial zone
components, including increasing the
Gulf southern zone hook-and-line
vessels allocation from approximately
16 percent of the Gulf migratory group
commercial ACL to 21 percent. NMFS
concludes that any adverse impacts on
Florida Keys fishermen will likely not
be significant, although the effects will
vary across all affected vessels.
Comment 3: The proposed action to
establish a year-round boundary at the
Miami-Dade/Monroe county line for the
Gulf and Atlantic migratory groups of
king mackerel does not include
discussion of how climate change may
impact this mixing zone. As the habitat
conditions change, the boundary may
not be as effective as envisioned. The
location of this boundary should be reevaluated every 3 years to see if changes
in the ecosystem warrant modification.
Response: During the 2014 stock
assessment (SEDAR 38), the impact of
climate change on the distribution of
king mackerel was considered as part of
the determination of the mixing zone
boundaries. New assessments are
conducted for a stock approximately
every 5 years, and any new information
about the extent of the mixing zone will
be evaluated at that time.
Comment 4: It is confusing to set
catch limits in pounds of fish in one
area and in numbers of fish in another
area.
Response: The catch limits for the
Gulf and Atlantic migratory group king
mackerel fisheries are established by the
respective Councils and their SSCs.
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Each Council determines how it wants
to express catch limits, whether in
pounds or by numbers of fish, after
receiving input from fishermen. Most
commercial trip limits are expressed in
pounds of fish, but the South Atlantic
Council’s Cobia Mackerel Advisory
Panel recommended that the trip limit
for the Atlantic southern zone be
described in numbers of fish. The
Councils preferred to have this trip limit
set in numbers of fish, rather than
pounds of fish, because they believed
that it would help with compliance and
enforcement. Numbers of fish will be
converted to landings in pounds of fish
by multiplying by the average weight of
the fish to track landings against the
Atlantic southern zone commercial
ACL, which is expressed in pounds of
fish. In determining this conversion
factor, NMFS uses data from
commercial trip intercepts where the
length and weight of the fish harvested
on a trip are recorded. As described in
Amendment 26, the most recent
available data indicated that average
king mackerel weight was 8.48 lb (3.85
kg), round weight.
Comment 5: The Atlantic migratory
group commercial trip limit south of the
Flagler/Volusia, FL, county line from
March 1 through March 31, should be
75 fish rather than 50 fish as proposed
in the Amendment 26. The commercial
trip limit should remain at 75 fish for
the months of March through
September, because there is no scientific
justification to reduce this to 50 fish.
Response: In Amendment 26, the
Councils considered a range of
alternative commercial trip limits,
including an alternative which would
have established a trip limit of 75 fish
year-round for this area. However, the
Councils selected a preferred alternative
which will implement a 50-fish trip
limit in the Atlantic southern zone from
March 1 through March 31, and then
increase the trip limit to 75 fish from
April 1 through the the end of
September. This alternative also
includes a preferred option, which will
impose the reduced trip limit of 50 fish
from April through September if 75
percent of the applicable commercial
quota is met at any time during the
March through September fishing
season. The Councils selected the 50fish commercial trip limit during March
due to their concern that a large
proportion of the commercial quota
during the March through September
fishing season could be landed in the
first month (March), resulting in an
earlier closure for that season. The 50fish commercial trip limit is intended to
constrain harvest during March, when
the fishery may be particularly
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productive, to help ensure that
commercial quota is available for a
longer period during the March through
September fishing season. In
Amendment 26, the Councils explained
that these commercial trip limits, in
conjuction with the other recommended
management measures, are intended to
provide the longest continued access to
king mackerel by commercial fishermen
within the split season structure.
Amendment 26 is based on the best
available scientific information.
Comment 6: Allowing federally
permitted shark fishermen a bycatch
limit of 2 or 3 king mackerel that may
be sold will provide shark fishermen an
unfair economic advantage over other
persons, especially fishermen that target
snapper-grouper, wahoo, and Spanish
mackerel.
Response: The bycatch allowance
being implemented for shark fishermen
applies to Atlantic migratory group king
mackerel incidentally caught by
fishermen engaged in directed shark
fishing with gillnets. The bycatch
allowance may be retained and sold
only if the fishermen have both valid
Federal shark and king mackerel
permits. Except in the area north of
Cape Lookout Light, NC, gillnets are not
an allowable gear for harvesting Atlantic
migratory group king mackerel. The
bycatch allowance will allow shark
fishermen to generate revenues from
their incidental take of king mackerel
that would otherwise be discarded.
Fishermen engaged in directed fishing
for snapper-grouper, wahoo, or Spanish
mackerel generally use gear types other
than gillnets, so their directed or
incidental catches of king mackerel
(subject to applicable quota and trip
limit) may be sold so long as they
possess a valid Federal king mackerel
permit.
Classification
The Regional Administrator,
Southeast Region, NMFS, has
determined that this final rule is
consistent with Amendment 26, the
Magnuson-Stevens Act, and other
applicable law.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
In compliance with section 604 of the
RFA, NMFS prepared a final regulatory
flexibility analysis (FRFA) for this final
rule. The FRFA incorporates the Initial
Regulatory Flexibility Analysis (IRFA), a
summary of the significant economic
issues raised by public comments,
NMFS’s responses to those comments,
and a summary of the analyses
completed to support the action. The
FRFA follows.
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The preamble to the final rule
provides the statement of the need for
and objectives of this final rule. The
Magnuson-Stevens Act provides the
statutory basis for this final rule.
No duplicative, overlapping, or
conflicting Federal rules have been
identified. In addition, no new reporting
or record-keeping requirements are
introduced by this final rule.
No comments specific to the IRFA
were received from the public or from
the Chief Counsel for the Advocacy of
the Small Business Administration;
therefore, no public comments are
addressed in this FRFA. However, there
are comments that have economic
implications, and they are addressed in
the Comments and Responses section.
No changes to the proposed rule were
made in response to public comments.
NMFS agrees that the Councils’ choice
of preferred alternatives will best
achieve the Councils’ objectives for
Amendment 26 while minimizing, to
the extent practicable, the adverse
effects on fishermen, support industries,
and associated communities.
NMFS expects this final rule to
directly affect federally permitted
commercial fishermen fishing for king
mackerel in the Gulf and Atlantic.
Recreational anglers fishing for king
mackerel will also be directly affected
by this final rule, but they are not
considered business entities under the
RFA, so they are outside the scope of
this analysis. Charterboat and headboat
operations are business entities but they
are only indirectly affected by this final
rule. 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 (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.
From the 2000–2001 through 2013–
2014 fishing years (the most recent
available trip level data at the time that
the Councils took final action on
Amendment 26), an average of 274
vessels landed Gulf migratory group
king mackerel. These vessels generated
dockside revenues (2014 dollars) of
$3,987,671 from king mackerel,
$1,935,219 from other species jointly
landed with king mackerel, and
$12,395,741 from all other species in
trips where king mackerel was not
caught. The average annual revenue per
vessel from all species landed by these
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vessels, including king mackerel, was
$66,952. During the same time period,
an average of 736 vessels landed
Atlantic migratory group king mackerel.
These vessels generated dockside
revenues (2014 dollars) of $5,842,731
from king mackerel, $1,888,830 from
other species jointly landed with king
mackerel, and $12,670,841 from all
other species in trips where king
mackerel was not caught. The average
revenue per vessel from all species
landed by these vessels, including king
mackerel, was $27,817. Vessels that
caught and landed king mackerel may
also operate in other fisheries, such as
the shellfish fisheries, the revenues of
which are not known and are not
reflected in these totals. Based on
revenue information, all commercial
vessels affected by the final rule may be
assumed to be small entities.
Because all entities expected to be
directly affected by this final rule are
assumed to be small entities, NMFS has
determined that this final rule will
affect a substantial number of small
entities. The issue of disproportionate
effects on small versus large entities
does not arise in the present case
because all directly affected entities are
small entities.
The actions in Amendment 26 and
this final rule and their effects on small
entities are summarized below.
Action 1 in Amendment 26 will
establish a single year-round boundary
for separating the Gulf and Atlantic
migratory groups of king mackerel
extending east from the Miami-Dade/
Monroe county line, with the Gulf
Council being responsible for
management measures for the mixing
zone, defined as the area of the EEZ off
of the Florida Keys. This will replace
the current mixing zone boundary that
varies seasonally, and thus will simplify
management, minimize confusion
among the public, and likely improve
law enforcement, because the new
boundary designation will also coincide
with the boundary designation currently
in place for the Gulf and Atlantic
migratory groups of Spanish mackerel.
This change will provide a more
favorable environment for commercial
vessels to increase revenues and profits.
However, the extent of any revenue
increases cannot be estimated at this
time. The current Florida east coast
subzone will no longer exist under this
final rule.
Action 2–1 in Amendment 26 will
revise the ABC levels for Atlantic
migratory group king mackerel for
fishing years 2016–2017 through 2019–
2020, based on the ABC levels
recommended by the SSC under a high
recruitment scenario. This will
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substantially increase the Atlantic
migratory group ABC, thus enabling the
Council to increase the ACL, and
providing a favorable environment for
increases in potential harvest of Atlantic
migratory group king mackerel that
could result in higher revenues and
profits to participating commercial
vessels.
Action 2–2 in Amendment 26 will
revise Atlantic migratory group king
mackerel ACLs, commercial quotas, and
recreational ACT, based on the ABC
levels selected in Action 2–1. Action 2–
2 will set the ACL equal to OY and
equal to ABC. Given the increase in
ABC, equating ACL and OY to ABC will
directly result in increasing the
allowable commercial harvest of
Atlantic migratory group king mackerel,
as well as the associated potential
revenues. Relative to the current
commercial ACL, the increased
commercial ACL will provide the
opportunity for total revenues to
increase by an estimated $4.7 million
for the 2016–2017 fishing year, $3.6
million for the 2017–2018 fishing year,
$2.4 million for the 2018–2019 fishing
year, and $1.5 million for the 2019–2020
fishing year and subsequent fishing
years. Action 2–2 will also revise the
Atlantic migratory group northern and
southern zone commercial quotas, based
on the ACL selected by the Councils.
Whether the full revenue potential for
each zone will be realized largely
depends on whether the full quotas will
be harvested. Using the highest past
landings (2009–2010 landings) as the
expected future landings, neither zone
will be expected to fully take its
respective commercial quota. The
revised northern and southern zone
commercial quotas may allow for the
possibility for further revenue increases
in the future through increased harvest;
however, this statement does not
account for the effects from Action 4,
which will split the commercial season
into two fishing seasons each year in the
Atlantic southern zone.
Action 3 in Amendment 26 will allow
for the limited retention and sale of
Atlantic migratory group king mackerel
caught with gillnet as incidental catch
in the gillnet portion of the directed
commercial shark fishery, for any vessel
with both a valid Federal shark directed
commercial permit and valid Federal
king mackerel commercial permit. Any
incidentally caught king mackerel may
only be sold to a dealer with the Gulf
and South Atlantic Federal dealer
permit. For this type of incidental catch,
no more than 2 king mackerel per crew
member per trip in the southern zone
may be retained and sold, and no more
than 3 king mackerel per crew member
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per trip in the northern zone (except
trips north of Cape Lookout Light, NC,
that use an authorized gillnet for
Atlantic migratory group king mackerel)
may be retained and sold. This change
will allow affected vessels to generate
some revenue from incidentally caught
king mackerel instead of discarding
them. Only 3 to 5 shark gillnet vessels
and 21 to 33 total vessel trips have
reported incidental catches of Atlantic
migratory group king mackerel, so any
potential adverse impact on vessels that
target king mackerel when incidental
catches are counted against the Atlantic
migratory group commercial ACL will
be negligible.
Action 4 in Amendment 26 will
allocate the commercial quota for
Atlantic migratory group king
mackerel’s southern zone into two split
seasons: 60 percent of the commercial
quota will be allocated to the first
season of March 1 through September
30, and 40 percent will be allocated to
the second season of October 1 through
the end of February. Any remaining
unused quota from the first season will
transfer to second season. Any
remaining quota from the second season
will not be carried forward to the next
fishing year. When the commercial
quota for either season is met or
expected to be met, commercial harvest
of king mackerel in the Atlantic
southern zone will be prohibited for the
remainder of the respective season. In
general, the revenue effects of splitting
the fishing year into seasons as
compared to not splitting the fishing
year into seasons are unclear. For
example, if all of the commercial quota
were harvested early in the fishing
season when maintaining only one
season, the split-season alternative will
comparatively be expected to allow
commercial vessels to fish over a longer
period of time, because even if the first
season quota was reached, 40 percent of
the commercial quota will be available
for harvest during the second season.
Harvest will occur over a longer period
of time (i.e., during both the first and
second seasons), resulting in a more
stable supply of fish. Because a more
stable supply is generally associated
with higher dockside prices, overall
revenues will likely be higher.
Conversely, because only 60 percent of
the commercial quota is allocated to the
first season, the implementation of split
seasons may restrict harvest and
revenues in the first season that may not
be fully recouped in the second season.
This could happen if revenues from the
relatively higher pricing conditions in
the first season, which coincides with
the Lenten season, were restricted due
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to an early season closure. Landings
may be higher in the second season, but,
if prices were low, the higher landings
in the second season may not result in
revenue levels that will fully recoup the
forgone revenues in the first season.
However, given current available
information on landings, and the
commercial quota increase, no quota
closures will be expected for either the
first or second season, even if harvest
levels reach the highest past recorded
landings (2009–2010 landings). Thus,
this action will not be expected to
adversely affect the revenues and profits
of commercial vessels.
Action 5 in Amendment 26 will
establish a commercial trip limit system
for the Atlantic southern zone. For both
the first and second commercial
seasons, the commercial trip limit north
of the Flagler/Volusia county line will
remain 3,500 lb (1,587 kg). South of the
Flagler/Volusia county line, the trip
limit for the first season will be 50 fish
for the month of March, and 75 fish for
the remainder of the first season, but if
75 percent of the commercial quota for
first season has been be landed, the trip
limit will be 50 fish. For the second
season, the commercial trip limit will be
50 fish, and, if less than 70 percent of
the season’s quota has been landed, the
trip limit will be 75 fish during the
month of February. Because the 3,500 lb
(1,587 kg) trip limit north of the Flagler/
Volusia county line is the same as the
current trip limit, vessels fishing in this
area will be unaffected by this action.
Given that no commercial quota
closures will be expected for the first or
second season, as discussed in Action 4,
the imposition of a commercial trip
limit south of the Flagler/Volusia
county line will tend to reduce both per
trip revenues and profits of commercial
vessels. However, the magnitude of
annual revenue reductions will be
relatively small, as vessels may be able
to take more trips due to a longer season
under the commercial quota increases.
Action 6 will set the Gulf migratory
group king mackerel ACL equal to the
ABC recommended by the Gulf
Council’s SSC for the 2016–2017
through 2019–2020 fishing years. The
ABC recommended by the SSC is less
than the existing ABC, but the lower
number is largely a product of the
boundary change, based on new
information in SEDAR 38 that the range
of Gulf migratory group king mackerel
spans a smaller area than previously
thought. When the existing commercial
ACLs for the Gulf migratory group are
adjusted to account for landings in the
Florida east coast subzone that will no
longer be considered part of Gulf
migratory group king mackerel, the new
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commercial ACLs starting in the 2016–
2017 fishing year through this final rule
will actually be greater than the existing
ones. For this reason, setting the Gulf
migratory group ACL equal to the ABC
will be expected to provide higher
landings and revenues to commercial
vessels. Historically, the commercial
sector has fully harvested its allocation
of Gulf migratory group king mackerel.
Thus, using past landings as a predictor
of future landings, it is likely that the
commercial sector will harvest up to the
level of the quota increases for the Gulf
migratory group and generate higher
revenues from quota increases.
Estimated total revenue increases will
be approximately $1,068,000 for the
2016–2017 fishing year, $871,000 for the
2017–2018 fishing year, $781,000 for the
2018–2019 fishing year, and $692,000
for the 2019–2020 fishing year and
every fishing year thereafter.
Action 7 in Amendment 26 will revise
the commercial zone quotas for Gulf
migratory group king mackerel as
follows: 40 percent for the western zone;
18 percent for the northern zone; 21
percent for the southern zone hook-andline component; and 21 percent for the
southern zone gillnet component. This
revised zone allocation is necessary
because the previous Gulf migratory
group king mackerel zone allocations
included the Florida east coast subzone,
which will no longer exist because of
the boundary change under Action 1.
The Florida east coast area will now be
included in the southern zone for
Atlantic migratory group king mackerel.
Action 7 will result in commercial quota
increases for all of the Gulf migratory
group king mackerel zones, potentially
resulting in higher revenues to
commercial vessels. However, the quota
increases will not be uniform across the
zones, with the Gulf northern zone
receiving the largest quota increases. For
the Gulf western zone, total revenue
increases will be approximately
$194,000 for the 2016–2017 fishing year,
$115,000 for the 2017–2018 fishing year,
$79,000 for the 2018–2019 fishing year,
and $44,000 for the 2019–2020 fishing
year and subsequent fishing years. For
the Gulf northern zone, revenue
increases will be approximately
$630,000 for the 2016–2017 fishing year,
$595,000 for the 2017–2018 fishing year,
$579,000 for the 2018–2019 fishing year,
and $563,000 for the 2019–2020 fishing
year and subsequent fishing years. For
the hook-and-line component of the
southern zone, revenue increases will be
approximately $121,000 for the 2016–
2017 fishing year, $80,000 for the 2017–
2018 fishing year, $61,000 for the 2018–
2019 fishing year, and $42,000 for the
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2019–2020 fishing year and subsequent
fishing years. Revenue increases for the
gillnet component of the southern zone
will be identical to those of the hookand-line component. While vessels in
all zones may be expected to generate
higher overall revenues, the distribution
of such revenue increases will not be
uniform across all vessels. Because
hook-and-line vessels in the Florida
Keys will no longer have access to the
Atlantic migratory group king mackerel
in waters off the Florida Keys, revenue
increases for these vessels may be
limited. If the hook-and-line quota in
the southern zone is reached and
harvest is closed before the normal end
of the fishing season on March 31,
Florida Keys hook-and-line vessels will
no longer be able to continue generating
revenues from the harvest of Gulf or
Atlantic migratory group king mackerel
in waters off the Florida Keys. To
continue fishing for king mackerel,
vessels will have to move to areas that
remain open to fishing for Gulf or
Atlantic migratory group of king
mackerel and such a move could create
a potential increase in fishing costs.
Action 8 in Amendment 26
considered revising the commercial and
recreational allocations for the Gulf
migratory group king mackerel;
however, the Councils selected the no
action alternative and therefore, these
allocations have not changed through
this final rule.
Action 9 in Amendment 26 will
modify the recreational bag limit for
Gulf migratory group king mackerel
from two to three fish per person per
day. This will not directly affect any
business entities under the RFA.
The following discussion describes
the alternatives that were not selected as
preferred by the Council. Among the
actions considered, only actions that
would have direct adverse economic
effects on small entities merit inclusion.
Only Action 5 (commercial trip limits
for the Atlantic migratory group’s
southern zone) may result in adverse
economic impacts on small commercial
business entities. Four alternatives and
five sub-alternatives, including the two
preferred alternatives and two preferred
sub-alternatives, were considered for
establishing commercial trip limits in
the Atlantic southern zone. All of the
considered alternatives would maintain
the current trip limit for Atlantic
migratory group king mackerel in areas
north of the Volusia/Flagler county line.
The first alternative, the no action
alternative, would retain the current trip
limit system. Because of the boundary
change in Action 1, maintaining the
current trip limit system would leave
certain areas in the Florida east coast
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that used to be under the Gulf Council
jurisdiction without trip limits during
the winter months. This would open
opportunities for higher harvests that
could result in a shorter king mackerel
season in the Atlantic southern zone.
Vessels fishing in the area with no trip
limits would benefit, but any benefit
would be at the expense of vessels
fishing in areas with trip limits, as
allowing unrestricted harvest would
likely lead to earlier quota closures. The
overall net effects on vessel revenues
cannot be determined, but if a
commercial quota closure occurs due to
increased, unrestricted harvest, overall
annual vessel revenues may decrease.
The second alternative would
establish a year-round trip limit of 75
fish for Atlantic migratory group king
mackerel in the area south of the
Flagler/Volusia county line. This
alternative would provide for a greater
trip limit than the preferred alternative
for certain months of the year, and thus
may be expected to result in slightly
higher landings and revenues than the
preferred alternative. However, this
alternative may lead to shorter
commercial seasons, as it does not
include a mechanism to slow down
harvests to avoid exceeding the area’s
quota for the first or second seasons in
the Atlantic southern zone.
The third alternative, which would
apply only to the first season, would
establish a trip limit of 50 fish from
March 1–March 31, and 75 fish for the
remainder of the season 1, for the area
south of the Flagler/Volusia county line.
This alternative has two options, one of
which is the preferred option. The nonpreferred option would reduce the trip
limit for the first season if 75 percent of
the first season has been landed, but to
occur no earlier than August 1 each
fishing year. The preferred option
would reduce the trip limit anytime
during the first season when 75 percent
of the first season’s quota has been
landed. The non-preferred option would
in principle allow for a higher trip limit
over a longer period in the first season
and would be expected to result in
higher per trip revenues and profits than
the preferred option. However, analysis
of the landings data shows that both
options would have the same effects,
because the 75 percent trigger is
expected to be met at the same date
under both options, which would occur
after August 1.
The fourth alternative would establish
a 50 fish trip limit for the second
season. This alternative has three
options, one of which is the preferred
option. The preferred option would
increase the trip limit to 75 fish during
the month of February, but if 70 percent
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of the second season’s commercial quota
had been landed, the trip limit would
remain 50 fish. The second option
would increase the trip limit to 75 fish
during January and February as long as
less than 70 percent of the second
season’s quota had been landed. In
principle, this second option would be
expected to increase vessel revenues per
trip in January as compared to the
preferred option, but the second option
would also increase the likelihood of an
earlier closure in the second season. The
third option is similar to the preferred
option, except that the trigger for
increasing the trip limit would be
landings less than 80 percent, instead of
less than 70 percent, of the second
season’s quota. In theory, this option
has a greater likelihood than the
preferred option for increasing the
commercial trip limit in February, but it
would also increase the likelihood of an
early closure in the second season.
However, because the greatest historical
landings have been well below the
proposed second season quota, all three
options would be expected to have the
same effects on vessel revenues.
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that, for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
the rule, and shall designate such
publications as small entity compliance
guides. As part of the rulemaking
process, NMFS prepared a fishery
bulletin, which also serves as a small
entity compliance guide. The fishery
bulletin will be sent to all interested
parties.
List of Subjects in 50 CFR Part 622
Annual catch limits, Fisheries,
Fishing, Gulf of Mexico, King mackerel,
South Atlantic.
Dated: April 6, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622 is amended
as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.7, revise paragraph (b)(1) to
read as follows:
■
§ 622.7
Fishing years.
*
*
*
*
*
(b) * * *
(1) Gulf migratory group king
mackerel—(i) Southern zone—July 1
through June 30.
(ii) Northern zone—October 1 through
September 30.
(iii) Western zone—July 1 through
June 30.
*
*
*
*
*
Subpart Q—Coastal Migratory Pelagic
Resources (Gulf of Mexico, South
Atlantic, and Mid-Atlantic)
3. Revise the heading of subpart Q to
read as set forth above.
■ 4. Revise § 622.369 to read as follows:
■
§ 622.369
Description of zones.
(a) Migratory groups of king mackerel.
In the EEZ, king mackerel are divided
into the Gulf migratory group and the
Atlantic migratory group. The Gulf
migratory group is bound by a line
extending east of the U.S./Mexico
border and a line extending east of the
Miami-Dade/Monroe County, FL,
boundary. The Atlantic migratory group
is bound by a line extending east of the
Miami-Dade/Monroe County, FL,
boundary and a line from the
intersection point of Connecticut, Rhode
Island, and New York (as described in
§ 600.105(a) of this chapter). The zone
boundaries remain in place year round.
See Table 1 of this section for the
boundary coordinates. See Figure 1 in
Appendix G of this part for illustration.
(1) Gulf migratory group. The Gulf
migratory group is divided into western,
northern, and southern zones. See Table
1 of this section for the boundary
coordinates. See Figure 1 in Appendix
G of this part for illustration.
(i) Western zone. The western zone
encompasses an area of the EEZ north
of a line extending east of the US/
Mexico border, and west of a line
extending due south of the Alabama/
Florida border, including the EEZ off
Texas, Louisiana, Mississippi, and
Alabama.
(ii) Northern zone. The northern zone
encompasses an area of the EEZ east of
a line extending due south of the
Florida/Alabama border, and north of a
line extending due west of the Lee/
Collier County, FL, boundary.
(iii) Southern zone. The southern
zone encompasses an area of the EEZ
south of a line extending due west of the
Lee/Collier County, FL, boundary on the
FL west coast, and south of a line
extending due east of the Monroe/
Miami-Dade County, FL, boundary on
the FL east coast, which includes the
EEZ off Collier and Monroe Counties,
FL.
(2) Atlantic migratory group. The
Atlantic migratory group is divided into
the northern and southern zones
separated by a line extending from the
North Carolina/South Carolina border,
as specified in § 622.2. See Table 1 of
this section for the boundary
coordinates. See Figure 1 in Appendix
G of this part for illustration. See
§ 622.385(a)(1) for a description of the
areas for Atlantic migratory group king
mackerel commercial trip limits.
(i) Northern zone. The northern zone
encompasses an area of the EEZ south
of a line extending from the intersection
point of New York, Connecticut, and
Rhode Island (as described in
§ 600.105(a) of this chapter), and north
of a line extending from the North
Carolina/South Carolina border, as
specified in § 622.2, including the EEZ
off each state from North Carolina to
New York. This zone remains the same
year round.
(ii) Southern zone. The southern zone
encompasses an area of the EEZ south
of a line extending from the North
Carolina/South Carolina border, as
specified in § 622.2, and north of a line
extending due east of the Monroe/
Miami-Dade County, FL, boundary.
TABLE 1 TO § 622.369—KING MACKEREL DESCRIPTION OF ZONES
sradovich on DSK3GMQ082PROD with RULES
[For illustration, see Figure 1 in Appendix G of this part]
Area
Gulf Migratory Group—
Western Zone.
Gulf Migratory Group—
Northern Zone.
Gulf Migratory Group—
Southern Zone.
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Boundary 1
Boundary 2
U.S./Mexico, A line east of the intersection of
25°58′30.57″ N. lat. and 96°55′27.37″ W. long.
AL/FL, 87°31′6″ W. long .................................................
AL/FL, 87°31′6″ W. long.
Lee/Collier, 26°19′48″ N. lat ...........................................
Monroe/Miami-Dade, 25°20′24″ N. lat.
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Lee/Collier, 26°19′48″ N. lat.
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TABLE 1 TO § 622.369—KING MACKEREL DESCRIPTION OF ZONES—Continued
[For illustration, see Figure 1 in Appendix G of this part]
Area
Boundary 1
Boundary 2
Atlantic Migratory Group—
Northern Zone.
NY/CT/RI, 41°18′16.249″ N. lat. and 71°54′28.477″ W.
long. southeast to 37°22′32.75″ N. lat. and the intersection point with the outward boundary of the EEZ.
Atlantic Migratory Group—
Southern Zone.
NC/SC, a line extending in a direction of 135°34′55″
from true north beginning at 33°51′07.9″ N. lat. and
78°32′32.6″ W. long. to the intersection point with the
outward boundary of the EEZ.
NC/SC, a line extending in a direction of 135°34′55″
from true north beginning at 33°51′07.9″ N. lat. and
78°32′32.6″ W. long. to the intersection point with the
outward boundary of the EEZ.
Monroe/Miami-Dade, 25°20′24″ N. lat.
(b) Migratory groups of Spanish
mackerel—(1) Gulf migratory group. In
the EEZ, the Gulf migratory group is
bounded by a line extending east of the
U.S./Mexico border and a line extending
due east of the Monroe/Miami-Dade
County, FL, boundary. See Table 2 of
this section for the boundary
coordinates. See Figure 2 in Appendix
G of this part for illustration.
(2) Atlantic migratory group. In the
EEZ, the Atlantic migratory group is
bounded by a line extending due east of
the Monroe/Miami-Dade County, FL,
boundary and a line extending from the
intersection point of New York,
Connecticut, and Rhode Island (as
described in § 600.105(a) of this
chapter). The Atlantic migratory group
is divided into the northern and
southern zones. See Table 2 of this
section for the boundary coordinates.
See Figure 2 in Appendix G of this part
for illustration. See § 622.385(b)(1) for a
description of the areas for Atlantic
migratory group Spanish mackerel
commercial trip limits.
(i) Northern zone. The northern zone
encompasses an area of the EEZ south
of a line extending from the intersection
point of New York, Connecticut, and
Rhode Island (as described in
§ 600.105(a) of this chapter), and north
of a line extending from the North
Carolina/South Carolina border, as
specified in § 622.2, including the EEZ
off each state from North Carolina to
New York.
(ii) Southern zone. The southern zone
encompasses an area of the EEZ south
of a line extending from the North
Carolina/South Carolina border, as
specified in § 622.2, and north of a line
extending due east of the Monroe/
Miami-Dade County, FL, boundary,
including the EEZ off South Carolina,
Georgia, and Florida.
TABLE 2 TO § 622.369—SPANISH MACKEREL DESCRIPTION OF ZONES
[For illustration, see Figure 2 in Appendix G of this part]
Area
Boundary 1
Gulf Migratory Group ...........
US/Mexico, A line east of the intersection of
25°58′30.57″ N. lat. and 96°55′27.37″ W. long.
NY/CT/RI, 41°18′16.249″ N. lat. and 71°54′28.477″ W.
long. southeast to 37°22′32.75″ N. lat. and the intersection point with the outward boundary of the EEZ.
Atlantic Migratory Group—
Northern Zone.
Atlantic Migratory Group—
Southern Zone.
NC/SC, a line extending in a direction of 135°34′55″
from true north beginning at 33°51′07.9″ N. lat. and
78°32′32.6″ W. long. to the intersection point with the
outward boundary of the EEZ.
sradovich on DSK3GMQ082PROD with RULES
(c) Migratory groups of cobia—(1) Gulf
migratory group. In the EEZ, the Gulf
migratory group is bounded by a line
extending east from the United States/
Mexico border and a line extending due
east from the Florida/Georgia border.
See Table 3 of this section for the
boundary coordinates. (See Figure 3 in
Appendix G of this part for illustration.)
(i) Gulf zone. The Gulf zone
encompasses an area of the EEZ north
of a line extending east of the United
States/Mexico border, and north and
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Boundary 2
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Monroe/Miami-Dade, 25°20′24″ N. lat.
NC/SC, a line extending in a direction of 135°34′55″
from true north beginning at 33°51′07.9″ N. lat. and
78°32′32.6″ W. long. to the intersection point with the
outward boundary of the EEZ.
Monroe/Miami-Dade, 25°20′24″ N. lat.
west of the line of demarcation between
the Atlantic Ocean and the Gulf of
Mexico (the Council boundary, as
described in § 600.105(c) of this
chapter).
(ii) Florida east coast zone. The
Florida east coast zone encompasses an
area of the EEZ south and east of the
line of demarcation between the
Atlantic Ocean and the Gulf of Mexico
(as described in § 600.105(c) of this
chapter), and south of a line extending
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due east from the Florida/Georgia
border.
(2) Atlantic migratory group. In the
EEZ, the Atlantic migratory group is
bounded by a line extending from the
intersection point of New York,
Connecticut, and Rhode Island (as
described in § 600.105(a) of this chapter)
and a line extending due east of the
Florida/Georgia border. See Table 3 of
this section for the boundary
coordinates. (See Figure 3 in Appendix
G of this part for illustration.)
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TABLE 3 TO § 622.369—COBIA DESCRIPTION OF ZONES
[For illustration, see Figure 3 in Appendix G of this part]
Area
Boundary 1
Boundary 2
Gulf Migratory Group—Gulf
Zone.
US/Mexico, A line east of the intersection
25°58′30.57″ N. lat. and 96°55′27.37″ W. long.
Gulf Migratory Group—Florida East Coast Zone.
Council Boundary—the intersection of the outer boundary of the EEZ and 83°00′ W. long., north to 24°35′
N. lat., (near the Dry Tortugas Islands), then east to
the mainland.
NY/CT/RI, 41°18′16.249″ N. lat. and 71°54′28.477″ W.
long. southeast to 37°22′32.75″ N. lat. and the intersection point with the outward boundary of the EEZ.
Atlantic Migratory Group ......
5. In § 622.370, revise paragraphs
(a)(2), (b)(1) introductory text, and (c)(1)
to read as follows:
§ 622.374
■
Permits.
*
sradovich on DSK3GMQ082PROD with RULES
Council Boundary—the intersection of the outer boundary of the EEZ and 83°00′ W. long., north to 24°35′
N. lat., (near the Dry Tortugas Islands), then east to
the mainland.
FL/GA, 30°42′45.6″ N. lat.
FL/GA, 30°42′45.6″ N. lat.
■
§ 622.370
of
*
*
*
*
(a) * * *
(2) Gillnets for king mackerel in the
Gulf southern zone. For a person aboard
a vessel to use a run-around gillnet for
king mackerel in the southern zone (see
§ 622.369(a)(1)(iii)), a commercial vessel
permit for king mackerel and a king
mackerel gillnet permit must have been
issued to the vessel and must be on
board. See § 622.372 regarding a limited
access system applicable to king
mackerel gillnet permits in the southern
zone and restrictions on transferability
of king mackerel gillnet permits.
*
*
*
*
*
(b) * * *
(1) For a person aboard a vessel that
is operating as a charter vessel or
headboat to fish for or possess, in or
from the EEZ, Gulf coastal migratory
pelagic fish or Atlantic coastal migratory
pelagic fish, a valid charter vessel/
headboat permit for Gulf coastal
migratory pelagic fish or Atlantic coastal
migratory pelagic fish, respectively,
must have been issued to the vessel and
must be on board.
*
*
*
*
*
(c) * * *
(1) Permits. For a dealer to first
receive Gulf or Atlantic coastal
migratory pelagic fish harvested in or
from the EEZ, a Gulf and South Atlantic
dealer permit must be issued to the
dealer.
*
*
*
*
*
6. In § 622.372, revise the section
heading to read as follows:
■
§ 622.372 Limited access system for king
mackerel gillnet permits applicable in the
Gulf southern zone.
*
*
*
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*
*
16:25 Apr 10, 2017
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7. In § 622.374, revise paragraphs
(b)(1)(i) and (ii) and (c)(1) to read as
follows:
Recordkeeping and reporting.
*
*
*
*
*
(b) * * *
(1) * * *
(i) Charter vessels. The owner or
operator of a charter vessel for which a
charter vessel/headboat permit for Gulf
or Atlantic coastal migratory pelagic fish
has been issued, as required under
§ 622.370(b)(1), or whose vessel fishes
for or lands Gulf or Atlantic coastal
migratory fish in or from state waters
adjoining the Gulf, South Atlantic, or
Mid-Atlantic EEZ, who is selected to
report by the SRD must maintain a
fishing record for each trip, or a portion
of such trips as specified by the SRD, on
forms provided by the SRD and must
submit such record as specified in
paragraph (b)(2)(i) of this section.
(ii) Headboats. The owner or operator
of a headboat for which a charter vessel/
headboat permit for Gulf coastal
migratory fish or Atlantic coastal
migratory pelagic fish has been issued,
as required under § 622.370(b)(1), or
whose vessel fishes for or lands Gulf or
Atlantic coastal migratory pelagic fish in
or from state waters adjoining the Gulf,
South Atlantic, or Mid-Atlantic EEZ,
who is selected to report by the SRD
must submit an electronic fishing record
for each trip of all fish harvested within
the time period specified in paragraph
(b)(2)(ii) of this section, via the
Southeast Region Headboat Survey.
*
*
*
*
*
(c) * * *
(1) A dealer who first receives Gulf or
Atlantic coastal migratory pelagic fish
must maintain records and submit
information as specified in § 622.5(c).
*
*
*
*
*
8. In § 622.375, revise paragraphs
(a)(1)(ii) and (b)(4) to read as follows:
■
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§ 622.375
gear.
Authorized and unauthorized
(a) * * *
(1) * * *
(ii) King mackerel, Gulf migratory
group—hook-and-line gear and, in the
southern zone only, run-around gillnet.
(See § 622.369(a)(1)(iii) for a description
of the southern zone.)
*
*
*
*
*
(b) * * *
(4) Exception for king mackerel in the
Gulf EEZ. The provisions of this
paragraph (b)(4) apply to king mackerel
taken in the Gulf EEZ and to such king
mackerel possessed in the Gulf.
Paragraph (b)(3) of this section
notwithstanding, a person aboard a
vessel that has a valid commercial
permit for king mackerel is not subject
to the bag limit for king mackerel when
the vessel has on board on a trip
unauthorized gear other than a drift
gillnet in the Gulf EEZ, a long gillnet, or
a run-around gillnet in an area other
than the southern zone. Thus, the
following applies to a vessel that has a
commercial permit for king mackerel:
(i) Such vessel may not use
unauthorized gear in a directed fishery
for king mackerel in the Gulf EEZ.
(ii) If such a vessel has a drift gillnet
or a long gillnet on board or a runaround gillnet in an area other than the
southern zone, no king mackerel may be
possessed.
(iii) If such a vessel has unauthorized
gear on board other than a drift gillnet
in the Gulf EEZ, a long gillnet, or a runaround gillnet in an area other than the
southern zone, the possession of king
mackerel taken incidentally is restricted
only by the closure provisions of
§ 622.384(e) and the trip limits specified
in § 622.385(a). See also § 622.379
regarding the purse seine catch
allowances of king mackerel.
*
*
*
*
*
■ 9. In § 622.378, revise the section
heading and paragraph (a) to read as
follows:
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§ 622.378 Seasonal closures of the Gulf
migratory group king mackerel gillnet
fishery.
(a) Seasonal closures 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. on the day after the Martin Luther
King Jr. Federal holiday. The gillnet
component is open on the first weekend
following the Martin Luther King Jr.
holiday, provided a notification of
closure has not been filed under
§ 622.8(b). The gillnet component is
closed all subsequent weekends and
observed Federal holidays. Weekend
closures are effective from 6 a.m.
Saturday to 6 a.m. Monday. Holiday
closures are effective from 6 a.m. on the
observed Federal holiday to 6 a.m. the
following day. All times are eastern
standard time. During these closures, a
person aboard a vessel using or
possessing a gillnet with a stretchedmesh 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 § 622.369(a)(1)(iii) for a
description of the southern zone.)
*
*
*
*
*
■ 10. Revise § 622.379 to read as
follows:
sradovich on DSK3GMQ082PROD with RULES
§ 622.379
Incidental catch allowances.
(a) Purse seine incidental catch
allowance. A vessel in the EEZ, or
having fished in the EEZ, with a purse
seine on board will not be considered as
fishing, or having fished, for king or
Spanish mackerel in violation of a
prohibition of purse seines under
§ 622.375(b), in violation of the
possession limits under § 622.375(b)(3),
or, in the case of king mackerel from the
Atlantic migratory group, in violation of
a closure effected in accordance with
§ 622.8(b), provided the king mackerel
on board does not exceed 1 percent, or
the Spanish mackerel on board does not
exceed 10 percent, of all fish on board
the vessel. Incidental catch will be
calculated by number and/or weight of
fish. Neither calculation may exceed the
allowable percentage. Incidentally
caught king or Spanish mackerel are
counted toward the quotas provided for
under § 622.384 and are subject to the
prohibition of sale under
§ 622.384(e)(3).
(b) Shark gillnet incidental catch
allowance. A vessel in the Atlantic EEZ
with a valid Federal Atlantic
commercial shark directed permit and a
valid Federal king mackerel commercial
permit that is engaged in directed shark
fishing with gillnets that are not an
authorized gear for Atlantic migratory
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group king mackerel (See
§ 622.375(a)(1)(i)), may retain and sell a
limited number of king mackerel. Any
king mackerel retained must be sold to
a dealer with a valid Federal Gulf and
South Atlantic dealer permit.
(1) Northern zone. No more than three
king mackerel per crew member may be
retained or sold per trip (See
§ 622.385(a)(1)(i) for the commercial trip
limit for directed king mackerel trips
using authorized gillnets (in the Atlantic
EEZ north of 34°37.3′ N. lat., the latitude
of Cape Lookout, NC)).
(2) Southern zone. No more than two
king mackerel per crew member may be
retained or sold per trip.
■ 11. In § 622.382, revise paragraph
(a)(1)(ii) to read as follows:
§ 622.382
Bag and possession limits.
*
*
*
*
*
(a) * * *
(1) * * *
(ii) Gulf migratory group king
mackerel—3.
*
*
*
*
*
■ 12. In § 622.384, revise paragraphs (b)
and (e) to read as follows:
§ 622.384
Quotas.
*
*
*
*
*
(b) King mackerel—(1) Gulf migratory
group. The Gulf migratory group is
divided into zones. The description of
the zones is specified in § 622.369(a).
Quotas for the western, northern, and
southern zones are as follows:
(i) Western zone. The quota is
1,180,000 lb (535,239 kg) for the 2016–
2017 fishing year, 1,136,000 lb (515,281
kg) for the 2017–2018 fishing year,
1,116,000 lb (506,209 kg) for the 2018–
2019 fishing year, and 1,096,000 lb
(497,137 kg) for the 2019–2020 fishing
year and subsequent fishing years.
(ii) Northern zone. The quota is
531,000 lb (240,858 kg) for the 2016–
2017 fishing year, 511,200 lb (231,876
kg) for the 2017–2018 fishing year,
502,200 lb (227,794 kg) for the 2018–
2019 fishing year, and 493,200 lb
(223,712 kg) for the 2019–2020 fishing
year and subsequent fishing years.
(iii) Southern zone. (A) The hook-andline quota is 619,500 lb (281,000 kg) for
the 2016–2017 fishing year, 596,400 lb
(270,522 kg) for the 2017–2018 fishing
year, 585,900 lb (265,760 kg) for the
2018–2019 fishing year, and 575,400 lb
(260,997 kg) for the 2019–2020 fishing
year and subsequent fishing years.
(B) The run-around gillnet quota is
619,500 lb (281,000 kg) for the 2016–
2017 fishing year, 596,400 lb (270,522
kg) for the 2017–2018 fishing year,
585,900 lb (265,760 kg) for the 2018–
2019 fishing year, and 575,400 lb
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17397
(260,997 kg) for the 2019–2020 fishing
year and subsequent fishing years.
(2) Atlantic migratory group. The
Atlantic migratory group is divided into
northern and southern zones. The
descriptions of the zones are specified
in § 622.369(a). Quotas for the northern
and southern zones for the 2016–2017
fishing year and subsequent years are as
follows:
(i) Northern zone. The quota is
1,497,600 lb (679,300 kg) for the 2016–
2017 fishing year, 1,359,360 lb (616,595
kg) for the 2017–2018 fishing year,
1,198,080 lb (543,440 kg) for the 2018–
2019 fishing year and 1,082,880 lb
(491,186 kg) for the 2019–2020 fishing
year 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 annual quota
is 5,002,400 lb (2,269,050 kg) for the
2016–2017 fishing year, 4,540,640 lb
(2,059,600 kg) for the 2017–2018 fishing
year, 4,001,920 lb (1,815,240 kg) for the
2018–2019 fishing year and 3,617,120 lb
(1,640,698 kg) for the 2019–2020 fishing
year and subsequent fishing years.
(A) For the period March 1 through
September 30, each year, the seasonal
quota is 3,001,440 lb (1,361,430 kg) for
the 2016–2017 fishing year, 2,724,384 lb
(1,235,760 kg) for the 2017–2018 fishing
year, 2,401,152 lb (1,089,144 kg) for the
2018–2019 fishing year and 2,170,272 lb
(984,419 kg) for the 2019–2020 fishing
year and subsequent fishing years.
(B) For the period October 1 through
the end of February each year, the
seasonal quota is 2,000,960 lb (907,620
kg) for the 2016–2017 fishing year,
1,816,256 lb (823,840 kg) for the 2017–
2018 fishing year, 1,600,768 lb (726,096
kg) for the 2018–2019 fishing year and
1,446,848 lb (656,279 kg) for the 2019–
2020 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.
(iii) Quota transfers. North Carolina or
Florida, in consultation with the other
states in their respective zones, may
request approval from the RA to transfer
part or all of their respective zone’s
annual commercial quota to the other
zone. Requests for transfer of
commercial quota for king mackerel
must be made by a letter signed by the
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principal state official with marine
fishery management responsibility and
expertise of the state requesting the
transfer, or his/her previously named
designee. The letter must certify that all
pertinent state requirements have been
met and identify the states involved and
the amount of quota to be transferred.
For the purposes of quota closures as
described in § 622.8, the receiving
zone’s quota will be the original quota
plus any transferred amount, for that
fishing season only. Landings associated
with any transferred quota will be
included in the total landings for the
Atlantic migratory group, which will be
evaluated relative to the total ACL.
(A) Within 10 working days following
the receipt of the letter from the state
requesting the transfer, the RA shall
notify the appropriate state officials of
the disposition of the request. In
evaluating requests to transfer a quota,
the RA shall consider whether:
(1) The transfer would allow the
overall annual quota to be fully
harvested; and
(2) The transfer is consistent with the
objectives of the FMP and the
Magnuson-Stevens Act.
(B) The transfer of quota will be valid
only for the fishing year for which the
request was made and does not
permanently alter the quotas specified
in paragraphs (b)(2)(i) and (ii) of this
section.
(3) Transit provisions applicable in
areas closed due to a quota closure for
king mackerel. A vessel with a valid
commercial vessel permit for king
mackerel that has onboard king
mackerel harvested in an open area of
the EEZ may transit through areas
closed to the harvest of king mackerel
due to a quota closure, if fishing gear is
appropriately stowed. For the purpose
of paragraph (b) of this section, transit
means direct and non-stop continuous
course through the area. To be
appropriately stowed fishing gear
means—
(i) A gillnet must be left on the drum.
Any additional gillnets not attached to
the drum must be stowed below deck.
(ii) A rod and reel must be removed
from the rod holder and stowed securely
on or below deck. Terminal gear (i.e.,
hook, leader, sinker, flasher, or bait)
must be disconnected and stowed
separately from the rod and reel. Sinkers
must be disconnected from the down
rigger and stowed separately.
*
*
*
*
*
(e) Restrictions applicable after a
quota closure. (1) A person aboard a
vessel for which a commercial permit
for king or Spanish mackerel has been
issued, as required under § 622.370(a)(1)
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or (3), may not fish for king or Spanish
mackerel in the EEZ or retain king or
Spanish mackerel in or from the EEZ
under a bag or possession limit
specified in § 622.382(a) for the closed
species, migratory group, zone, or gear,
except as provided for under paragraph
(e)(2) of this section.
(2) A person aboard a vessel for which
valid charter vessel/headboat permits
for Gulf coastal migratory pelagic fish or
Atlantic coastal migratory pelagic fish
and a valid commercial vessel permit
for king or Spanish mackerel have been
issued may continue to retain fish under
a bag and possession limit specified in
§ 622.382(a), provided the vessel is
operating as a charter vessel or
headboat.
(3) The sale or purchase of king
mackerel, Spanish mackerel, or cobia of
the closed species, migratory group,
zone, or gear type, is prohibited,
including any king or Spanish mackerel
taken under the bag limits, or cobia
taken under the limited-harvest species
possession limit specified in
§ 622.383(b). The prohibition on sale/
purchase during a closure for coastal
migratory pelagic fish does not apply to
coastal migratory pelagic fish that were
harvested, landed ashore, and sold prior
to the effective date of the closure and
were held in cold storage by a dealer or
processor.
■ 13. In § 622.385, revise paragraph (a)
to read as follows:
§ 622.385
Commercial trip limits.
*
*
*
*
*
(a) King mackerel—(1) Atlantic
migratory group. The following trip
limits apply to vessels for which
commercial permits for king mackerel
have been issued, as required under
§ 622.370(a)(1):
(i) North of 29°25′ N. lat., which is a
line directly east from the Flagler/
Volusia County, FL, boundary, king
mackerel in or from the EEZ may not be
possessed on board or landed from a
vessel in a day in amounts exceeding
3,500 lb (1,588 kg).
(ii) In the area between 29°25′ N. lat.,
which is a line directly east from the
Flagler/Volusia County, FL, boundary,
and 29°25′ N. lat., which is a line
directly east from the Miami-Dade/
Monroe County, FL, boundary king
mackerel in or from the EEZ may not be
possessed on board or landed from a
vessel in a day in amounts not to
exceed:
(A) From March 1 through March
31—50 fish.
(B) From April 1 through September
30—75 fish, unless NMFS determines
that 75 percent or more of the quota
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specified in § 622.384(b)(2)(ii)(A) has
been landed, then, 50 fish.
(C) From October 1 through January
31—50 fish.
(D) From February 1 through the end
of February—50 fish, unless NMFS
determines that less than 70 percent of
the quota specified in
§ 622.384(b)(2)(ii)(B) has been landed,
then, 75 fish.
(2) Gulf migratory group. Commercial
trip limits are established in the
southern, northern, and western zones
as follows. (See § 622.369(a) for
descriptions of the southern, northern,
and western zones.)
(i) Southern zone—(A) Gillnet gear.
(1) King mackerel in or from the EEZ
may be possessed on board or landed
from a vessel for which a commercial
vessel permit for king mackerel and a
king mackerel gillnet permit have been
issued, as required under
§ 622.370(a)(2), in amounts not
exceeding 45,000 lb (20,411 kg) per day.
(2) King mackerel in or from the EEZ
may be possessed on board or landed
from a vessel that uses or has on board
a run-around gillnet on a trip only when
such vessel has on board a commercial
vessel permit for king mackerel and a
king mackerel gillnet permit.
(3) King mackerel from the southern
zone landed by a vessel for which a
commercial vessel permit for king
mackerel and a king mackerel gillnet
permit have been issued will be counted
against the run-around gillnet quota
specified in § 622.384(b)(1)(iii)(B).
(4) King mackerel in or from the EEZ
harvested with gear other than runaround gillnet may not be retained on
board a vessel for which a commercial
vessel permit for king mackerel and a
king mackerel gillnet permit have been
issued.
(B) Hook-and-line gear. King mackerel
in or from the EEZ may be possessed on
board or landed from a vessel with a
commercial permit for king mackerel, as
required by § 622.370(a)(1), and
operating under the hook-and-line gear
quotas in § 622.384(b)(1)(iii)(A) in
amounts not exceeding 1,250 lb (567 kg)
per day.
(ii) Northern zone. King mackerel in
or from the EEZ may be possessed on
board or landed from a vessel for which
a commercial permit for king mackerel
has been issued, as required under
§ 622.370(a)(1), in amounts not
exceeding 1,250 lb (567 kg) per day.
(iii) Western zone. King mackerel in
or from the EEZ may be possessed on
board or landed from a vessel for which
a commercial permit for king mackerel
has been issued, as required under
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§ 622.370(a)(1), in amounts not
exceeding 3,000 lb (1,361 kg) per day.
*
*
*
*
*
■ 14. In § 622.388, revise paragraphs (a),
(b), (d)(2)(i), and (f)(2)(i) to read as
follows:
§ 622.388 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures.
sradovich on DSK3GMQ082PROD with RULES
*
*
*
*
*
(a) Gulf migratory group king
mackerel—(1) Commercial sector. (i) If
commercial landings, as estimated by
the SRD, reach or are projected to reach
the applicable quota specified in
§ 622.384(b)(1), the AA will file a
notification with the Office of the
Federal Register to close the commercial
sector for that zone, or gear type for the
remainder of the fishing year.
(ii) The commercial ACL for the Gulf
migratory group of king mackerel is 2.95
million lb (1.34 million kg) for the
2016–2017 fishing year, 2.84 million lb
(1.29 million kg) for the 2017–2018
fishing year, 2.79 million lb (1.27
million kg) for the 2018–2019 fishing
year, and 2.74 million lb (1.24 million
kg) for the 2019–2020 and subsequent
fishing years. This 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 2,330,500 lb (1,057,097 kg) for 2016–
2017 fishing year, 2,243,600 lb
(1,017,680 kg) for the 2017–2018 fishing
year, 2,204,100 lb (999,763 kg) for the
2018–2019 fishing year, and 2,164,600
lb (981,846 kg) for the 2019–2020 and
subsequent fishing years. The runaround gillnet ACL (which applies to
the southern zone) is 619,500 lb
(281,000 kg) for the 2016–2017 fishing
year, 596,400 lb (270,522 kg) for the
2017–2018 fishing year, 585,900 lb
(265,760 kg) for the 2018–2019 fishing
year, and 575,400 lb (260,997 kg) for
2019–2020 and subsequent fishing
years.
(iii) If commercial landings of Gulf
migratory group king mackerel caught
by run-around gillnet in the southern
zone, as estimated by the SRD, exceed
the commercial ACL, the AA will file a
notification with the Office of the
Federal Register to reduce the
commercial ACL for king mackerel
harvested by run-around gillnet in the
southern zone in the following fishing
year by the amount of the commercial
ACL overage in the prior fishing year.
(2) Recreational sector. If recreational
landings, as estimated by the SRD, reach
or are projected to reach the recreational
ACL of 6.26 million lb (2.84 million kg)
for the 2016–2017 fishing year, 6.04
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million lb (2.74 million kg) for the
2017–2018 fishing year, 5.92 million lb
(2.69 million kg) for the 2018–2019
fishing year, and 5.81 million lb (2.64
million kg) for the 2019–2020 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.
(3) For purposes of tracking the ACL,
recreational landings will be monitored
based on the commercial fishing year.
(b) Atlantic migratory group king
mackerel—(1) Commercial sector. (i) If
commercial landings, as estimated by
the SRD, reach or are projected to reach
the applicable quota for the zone or
season specified in § 622.384(b)(2), the
AA will file a notification with the
Office of the Federal Register to close
the commercial sector for that zone for
the remainder of the applicable fishing
season or fishing year.
(ii) In addition to the measures
specified in paragraph (b)(1)(i) of this
section, if 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, and Atlantic migratory group
king mackerel are overfished, based on
the most recent status of U.S. Fisheries
Report to Congress, 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 commercial quota for that
zone for that following year by the
amount of any commercial sector
overage in the prior fishing year for that
zone.
(iii) The commercial ACL for the
Atlantic migratory group of king
mackerel is 6.5 million lb (2.9 million
kg) for the 2016–2017 fishing year, 5.9
million lb (2.7 million kg) for the 2017–
2018 fishing year, 5.2 million lb (2.4
million kg) for the 2018–2019 fishing
year, and 4.7 million lb (2.1 million kg)
for the 2019–2020 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
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17399
ACT, but do not exceed the recreational
ACL, in the following fishing year. The
recreational ACT is 10.1 million lb (4.6
million kg) for the 2016–2017 fishing
year, 9.2 million lb (4.2 million kg) for
the 2017–2018 fishing year, 8.3 million
lb (3.8 million kg) for the 2018–2019
fishing year, and 7.4 million lb (3.4
million kg) for the 2019–2020 fishing
year and subsequent fishing years. The
recreational ACL is 10.9 million lb (4.9
million kg) for the 2016–2017 fishing
year, 9.9 million lb (4.5 million kg) for
the 2017–2018 fishing year, 8.9 million
lb (4.0 million kg) for the 2018–2019
fishing year, and 8.0 million lb (3.6
million kg) for the 2019–2020 fishing
year and subsequent fishing years.
(ii) In addition to the measures
specified in paragraph (b)(2)(i) of this
section, if 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, and Atlantic migratory group
king mackerel are overfished, based on
the most recent status of U.S. Fisheries
Report to Congress, 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 recreational ACL and ACT
for that following year by the amount of
any recreational sector overage in the
prior fishing year.
(iii) For purposes of tracking the ACL,
recreational landings will be evaluated
based on the commercial fishing year,
March through February. Recreational
landings will be evaluated relative to
the ACL based on a moving multi-year
average of landings, as described in the
FMP.
(3) The stock ACL for Atlantic
migratory group king mackerel is 17.4
million lb (7.9 million kg) for the 2016–
2017 fishing year, 15.8 million lb (7.2
million kg) for the 2017–2018 fishing
year, 14.1 million lb (6.4 million kg) for
the 2018–2019 fishing year, and 12.7
million lb (5.8 million kg) for the 2019–
2020 fishing year and subsequent
fishing years.
*
*
*
*
*
(d) * * *
(2) * * *
(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
(d)(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
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landings may achieve the recreational
ACT, but do not exceed the recreational
ACL, in the following fishing year. The
recreational ACT for the Atlantic
migratory group is 2.364 million lb
(1.072 million kg). The recreational ACL
for the Atlantic migratory group is 2.727
million lb (1.236 million kg).
*
*
*
*
*
(f) * * *
(2) * * *
(i) If landings of cobia that are not
sold exceed the ACL specified in this
paragraph and the sum of the cobia
landings that are sold and not sold, as
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estimated by the SRD, exceeds the stock
ACL, as specified in paragraph (f)(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 length of the following
fishing season by the amount necessary
to ensure landings may achieve the
applicable ACT, but do not exceed the
applicable ACL in the following fishing
year. The applicable ACTs for the
Atlantic migratory group of cobia are
550,000 lb (249,476 kg) for 2014,
520,000 lb (235,868 kg) for 2015, and
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500,000 lb (226,796 kg) for 2016 and
subsequent fishing years. The applicable
ACLs for the Atlantic migratory group of
cobia are 670,000 lb (303,907 kg) for
2014, 630,000 lb (285,763 kg) for 2015,
and 620,000 lb (281,227 kg) for 2016
and subsequent fishing years.
*
*
*
*
*
15. Revise Appendix G to Part 622 to
read as follows:
■
Appendix G to Part 622—Coastal
Migratory Pelagics Zone Illustration
BILLING CODE 3510–22–P
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95'W
85"W
Spanish Mackerel
Migratory Group/Zone
-
40'N
Gulf/Atlantic Group Boundary
Northern
Zone
35'N
30'N
N
A
0
100
200
300
Miles
25'N
400
600
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Figure 2 of Appendix G to Part 622--Spanish Mackerel
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[FR Doc. 2017–07233 Filed 4–10–17; 8:45 am]
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BILLING CODE 3510–22–C
]]>Agencies
[Federal Register Volume 82, Number 68 (Tuesday, April 11, 2017)]
[Rules and Regulations]
[Pages 17387-17402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07233]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 160426363-7275-02]
RIN 0648-BG03
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic
Region; Amendment 26
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues regulations to implement management measures
described in Amendment 26 to the Fishery Management Plan for the
Coastal Migratory Pelagics Fishery of the Gulf of Mexico and Atlantic
Region (FMP) as prepared and submitted jointly by the Gulf of Mexico
Fishery Management Council (Gulf Council) and South Atlantic Fishery
Management Council (South Atlantic Council). Amendment 26 and this
final rule adjust the management boundary for the Gulf of Mexico (Gulf)
and Atlantic migratory groups of king mackerel; revise acceptable
biological catch (ABC), commercial and recreational annual catch limits
(ACLs), commercial quotas and recreational annual catch targets (ACTs)
for Atlantic migratory group king mackerel; allow limited retention and
sale of Atlantic migratory group king mackerel incidentally caught in
the shark gillnet fishery; establish a commercial split season for
Atlantic migratory group king mackerel in the Atlantic southern zone;
establish a commercial trip limit system for Atlantic migratory group
king mackerel in the Atlantic southern zone; revise the commercial and
recreational ACLs for Gulf migratory group king mackerel; revise
commercial zone quotas for Gulf migratory group king mackerel; and
modify the recreational bag limit for Gulf migratory group king
mackerel. The purpose of Amendment 26 and this final rule is to ensure
that king mackerel management is based on the best scientific
information available, while increasing the social and economic
benefits of the fishery.
DATES: This final rule is effective May 11, 2017.
ADDRESSES: Electronic copies of Amendment 26 may be obtained from the
Southeast Regional Office Web site at https://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_sa/cmp/2016/am%2026/. Amendment 26
includes an environmental assessment, a Regulatory Flexibility Act
(RFA) analysis, and a regulatory impact review.
FOR FURTHER INFORMATION CONTACT: Karla Gore, Southeast Regional Office,
NMFS, telephone: 727-824-5305, or email: karla.gore@noaa.gov.
SUPPLEMENTARY INFORMATION: The coastal migratory pelagic fishery of the
Gulf and Atlantic Regions is managed under the FMP and includes the
management of the Gulf and Atlantic migratory groups of king mackerel,
Spanish mackerel, and cobia. The FMP was prepared jointly by the Gulf
and South Atlantic Councils (Councils) and is implemented through
regulations at 50 CFR part 622 under authority of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act).
On December 14, 2016, NMFS published a notice of availability for
Amendment 26 and requested public comment (81 FR 90314). On December
29, 2016, NMFS published a proposed rule for Amendment 26 and requested
public comment (81 FR 95941). The proposed rule and Amendment 26
outline the rationale for the actions contained in this final rule. A
summary of the management measures described in Amendment 26 and
implemented by this final rule is provided below.
Management Measures Contained in This Final Rule
This final rule to implement Amendment 26 adjusts the management
boundary of the Gulf and Atlantic migratory groups of king mackerel;
revises management reference points, the commercial and recreational
ACLs, commercial quotas and recreational ACTs for Atlantic migratory
group king mackerel; allows limited retention and sale of incidental
catch of Atlantic migratory group king mackerel in the shark gillnet
fishery; establishes a commercial split season for Atlantic migratory
group king mackerel in the Atlantic southern zone; establishes a
commercial trip limit system for Atlantic migratory group king mackerel
in the Atlantic southern zone; revises commercial and recreational ACLs
for Gulf migratory group king mackerel; revises commercial zone quotas
for Gulf migratory group king mackerel; and modifies the recreational
bag limit for Gulf migratory group king mackerel.
Management Boundary and Zone Descriptions for the Gulf and Atlantic
Migratory Groups of King Mackerel
Currently, management boundaries change seasonally for the Gulf and
Atlantic migratory groups of king mackerel based on the historical
understanding that the two migratory groups mixed seasonally off the
east coast of Florida and in Monroe County, FL. However, in 2014, the
Southeast Data, Assessment, and Review (SEDAR) 38 stock assessment
(SEDAR 38) determined that the mixing zone between the two migratory
groups now exists only in the portion of the Exclusive Economic Zone
(EEZ) off Monroe County, Florida, south of the Florida Keys. This final
rule sets a single year-round regulatory boundary (Gulf/Atlantic group
boundary) separating management of the two migratory groups of king
mackerel, based on the genetic analysis used in SEDAR 38. This new
year-round Gulf/Atlantic group boundary is set at a line extending east
from the Miami-Dade/Monroe County, FL, boundary, to better represent
the area where the two migratory groups primarily exist. The newly
defined mixing zone off the Florida Keys is included in the Gulf
migratory group and will be managed by the Gulf Council.
This final rule renames the Gulf migratory group's current eastern
zone-northern subzone and eastern zone-southern subzone as the northern
zone and southern zone, respectively. The southern zone includes the
new mixing zone, extending east to the new Gulf/Atlantic group
boundary. The name and dimensions of the Gulf migratory group's western
zone remain the same. The Atlantic migratory group's northern zone also
remains unchanged. This final rule shifts the southern boundary of the
Atlantic migratory group's southern zone to the new Gulf/Atlantic group
boundary. Due to this shift, the current Florida east coast subzone
will no longer exist. Instead, that area will be included in the
Atlantic migratory group's southern zone year-round.
NMFS notes that the final rule for Amendment 26 will be effective
after the end of the fishing year for Atlantic migratory group king
mackerel. As described in Amendment 26 and the proposed rule, landings
from the Florida east coast subzone for the 2016/17
[[Page 17388]]
fishing year will be attributed to the Atlantic southern zone quota.
Therefore, any landings from the Florida east coast subzone between
November 1, 2016, and March 31, 2017, will count against the Atlantic
southern zone king mackerel commercial 2016/17 quota.
This rule does not change the current Federal fishing permitting
requirements for fishing for king mackerel in Gulf and Atlantic Federal
waters.
Atlantic Migratory Group King Mackerel ACLs, Commercial Quotas and
Recreational ACTs
This final rule revises the overfishing limits and ABCs for
Atlantic migratory group king mackerel based on SEDAR 38 and the South
Atlantic Council's Scientific and Statistical Committee (SSC)
recommended ABCs based on a high recruitment scenario. The Atlantic
migratory group ABC will gradually decrease from 17.4 million lb (7.89
million kg) in the 2016-2017 fishing year to 12.7 million lb (5.76
million kg) in the 2019-2020 fishing year.
Amendment 26 and this final rule also set the Atlantic migratory
group stock ACL equal to optimum yield (OY) and the new ABC. The
Atlantic migratory group's sector allocation (37.1 percent of the ACL
to the commercial sector and 62.9 percent of the ACL to the
recreational sector) will not change. This final rule revises the
commercial ACLs for the Atlantic migratory group to be 6.5 million lb
(2.9 million kg) for the 2016-2017 fishing year, 5.9 million lb (2.7
million kg) for the 2017-2018 fishing year, 5.2 million lb (2.4 million
kg) for the 2018-2019 fishing year, and 4.7 million lb (2.1 million kg)
for the 2019-2020 fishing year and subsequent fishing years. This final
rule revises the recreational ACLs for the Atlantic migratory group to
be 10.9 million lb (4.9 million kg) for the 2016-2017 fishing year, 9.9
million lb (4.5 million kg) for the 2017-2018 fishing year, 8.9 million
lb (4.0 million kg) for the 2018-2019 fishing year, and 8.0 million lb
(3.6 million kg) for the 2019-2020 fishing year and subsequent fishing
years. The recreational sector ACTs for the Atlantic migratory group
are set at 10.1 million lb (4.6 million kg) for the 2016-2017 fishing
year, 9.2 million lb (4.2 million kg) for the 2017-2018 fishing year,
8.3 million lb (3.8 million kg) for the 2018-2019 fishing year, and 7.4
million lb (3.4 million kg) for the 2019-2020 fishing year and
subsequent fishing years.
The commercial ACLs for Atlantic migratory group king mackerel are
divided each fishing year between the northern zone (23.04 percent) and
southern zone (76.96 percent) into their respective commercial quotas.
The commercial quotas for the Atlantic northern zone are 1,497,600 lb
(679,300 kg) for the 2016-17 fishing year, 1,359,360 lb (616,595 kg)
for the 2017-2018 fishing year, 1,198,080 lb (543,440 kg) for the 2018-
2019 fishing year, and 1,082,880 lb (491,186 kg) for the 2019-2020
fishing year and subsequent years. The commercial quotas for the
Atlantic southern zone are 5,002,400 lb (2,269,050 kg) for the 2016-
2017 fishing year, 4,540,640 lb (2,059,600 kg) for the 2017-2018
fishing year, 4,001,920 lb (1,815,240 kg) for the 2018-2019 fishing
year, and 3,617,120 lb (1,640,698 kg) for the 2019-2020 fishing year
and subsequent fishing years.
Incidental Catch of Atlantic Migratory Group King Mackerel Caught in
the Shark Gillnet Fishery
Amendment 20A to the FMP prohibited recreational bag limit sales of
king mackerel by commercially permitted king mackerel fishermen in
South Atlantic Council jurisdictional waters, which included king
mackerel incidentally caught on directed commercial shark trips (79 FR
34246, June 16, 2014). Through this final rule, a vessel in the
Atlantic exclusive economic zone (EEZ) that is engaged in directed
shark fishing with gillnets that has both a valid Federal shark
directed commercial permit and a valid Federal king mackerel commercial
permit will be allowed to retain a limited number of king mackerel. In
the Atlantic northern zone, no more than three king mackerel per crew
member may be retained or sold per trip. In the Atlantic southern zone,
no more than two king mackerel per crew member may be retained or sold
per trip. These incidentally caught king mackerel may be retained or
sold only to a dealer with a valid Federal Gulf and South Atlantic
dealer permit.
The incidental catch allowance does not apply to commercial shark
trips that are using an authorized gillnet for Atlantic migratory group
king mackerel north of 34[deg]37.3' N. lat, the latitude of Cape
Lookout Light, NC, where the commercial trip limit of 3,500 lb (1,588
kg) applies. No type of gillnet is an allowable gear for Atlantic
migratory group king mackerel south of Cape Lookout Light.
Commercial Split Seasons for Atlantic Migratory Group King Mackerel in
Atlantic Southern Zone
Currently, the commercial fishing year for Atlantic migratory group
king mackerel is March 1 through the end of February, and the
commercial ACLs for the Atlantic northern zone and southern zone are
allocated for the entire fishing year. This final rule divides the
annual Atlantic migratory group commercial quota for the Atlantic
southern zone into two commercial seasons. The Atlantic northern zone
quota will not be split. This final rule allocates 60 percent of the
Atlantic southern zone commercial quota to the first season of March 1
through September 30, and 40 percent to the second of October 1 through
the end of February. This commercial split season for the Atlantic
southern zone quota is intended to ensure that a portion of the
southern zone's quota is available in later months of the fishing year,
which will allow for increased fishing opportunities in that area
during more of the fishing year.
The seasonal commercial quotas for the first season of March 1
through September 30, in the southern zone are: 3,001,440 lb (1,361,430
kg) for the 2016-2017 fishing year, 2,724,384 lb (1,235,760 kg) for the
2017-2018 fishing year, 2,401,152 lb (1,089,144 kg) for the 2018-2019
fishing year, and 2,170,272 lb (984,419 kg) for the 2019-2020 fishing
year and subsequent fishing years. The seasonal commercial quotas for
the second season of October 1 through the end of February in the
southern zone are: 2,000,960 lb (907,620 kg) for the 2016-2017 fishing
year, 1,816,256 lb (823,840 kg) for the 2017-2018 fishing year,
1,600,768 lb (726,096 kg) for the 2018-2019 fishing year, and 1,446,848
lb (656,279 kg) for the 2019-2020 fishing year and subsequent years.
Commercial Trip Limit System for the Atlantic Migratory Group of King
Mackerel in the Atlantic Southern Zone
This final rule revises the commercial trip limits for Atlantic
migratory group king mackerel in the Atlantic southern zone, based on
the revised management boundary and split commercial season. During the
first commercial season (March 1 through September 30), in the area
between the Flagler/Volusia County, FL, boundary (29[deg]25' N. lat.),
and the Miami-Dade/Monroe County, FL, boundary (25[deg]20.24'' N.
lat.), the trip limit will be 50 fish during March. From April 1
through September 30, the trip limit will be 75 fish, unless NMFS
determines that 75 percent or more of the Atlantic southern zone quota
for the first season has been landed, then the trip limit will be 50
fish. During the second commercial season (October 1 through the end of
February), the trip limit will be 50 fish for the area between the
Flagler/Volusia County, FL, boundary, and the the Miami-Dade/Monroe
County, FL, boundary from October 1 through January 31. During the
month of February, the trip limit will remain 50 fish, unless NMFS
determines that less than 70 percent of
[[Page 17389]]
the commercial quota for the southern zone's second season has been
landed, then the trip limit will be 75 fish.
This final rule does not revise the 3,500 lb (1,588 kg) year-round
trip limit for Atlantic migratory group king mackerel north of the
Flagler/Volusia County, FL, boundary.
Gulf Migratory Group King Mackerel ACLs
The current ABC and total ACL for Gulf migratory group king
mackerel is 10.8 million lb (4.89 million kg). This final rule revises
the total ACLs for the Gulf migratory group of king mackerel to be
equal to the ABCs recommended by the Gulf Council's SSC: 9.21 million
lb (4.18 million kg) for the 2016-2017 fishing year, 8.88 million lb
(4.03 million kg) for the 2017-2018 fishing year, 8.71 million lb (3.95
million kg) for the 2018-2019 fishing year, and 8.55 million lb (3.88
million kg) for the 2019-2020 fishing year.
This final rule does not revise the current recreational and
commercial allocations of Gulf migratory group king mackerel (68
percent of the total ACL to the recreational sector and 32 percent to
the commercial sector). Based on the existing allocations, and the
revisions to the total ACLs for Gulf migratory group king mackerel in
this final rule, the commercial ACLs for Gulf migratory group king
mackerel are: 2.95 million lb (1.34 million kg) for the 2016-2017
fishing year, 2.84 million lb (1.29 million kg) for the 2017-2018
fishing year, 2.79 million lb (1.27 million kg) for the 2018-2019
fishing year, and 2.74 million lb (1.24 million kg) for the 2019-2020
fishing year and subsequent fishing years.
These Gulf migratory group commercial ACLs are further divided into
gear-specific commercial ACLs, for hook-and-line gear, and for vessels
fishing with run-around gillnet gear, which is only an authorized gear
in the southern zone. The hook-and-line component commercial ACLs
(which applies to the entire Gulf) are: 2,330,500 lb (1,057,097 kg) for
the 2016-2017 fishing year, 2,243,600 lb (1,017,680 kg) for the 2017-
2018 fishing year, 2,204,100 lb (999,763 kg) for the 2018-2019 fishing
year, and 2,164,600 lb (981,846 kg) for the 2019-2020 fishing year and
subsequent years. The run-around gillnet component commercial ACLs
(which applies to the Gulf southern zone) are: 619,500 lb (281,000 kg)
for the 2016-2017 fishing year, 596,400 lb (270,522 kg) for the 2017-
2018 fishing year, 585,900 lb (265,760 kg) for the 2018-2019 fishing
year, and 575,400 lb (260,997 kg) for the 2019-2020 fishing year and
subsequent fishing years.
The recreational ACLs for Gulf migratory group king mackerel are:
6.26 million lb (2.84 million kg) for the 2016-2017 fishing year, 6.04
million lb (2.74 million kg) for the 2017-2018 fishing year, 5.92
million lb (2.69 million kg) for the 2018-2019 fishing year, and 5.81
million lb (2.64 million kg) for the 2019-2020 fishing year and
subsequent fishing years.
Commercial Zone Quotas for Gulf Migratory Group King Mackerel
Amendment 26 and this final rule also revise the Gulf migratory
group commercial zone quotas, because of the changes to the Councils'
regulatory management boundary and resultant zone revisions. The
current allocation of the commercial zone quota for Gulf migratory
group king mackerel by zones is 31 percent in the western zone, 5.17
percent in the northern zone, 15.96 percent for the southern zone using
hook-and-line gear, 15.96 percent for the southern zone using gillnet
gear, and 31.91 percent for the Florida east coast subzone. However,
under this final rule, the Florida east coast subzone will no longer
exist. The quota associated with the Florida east coast subzone is re-
allocated to the remaining zones. The revised allocation of commercial
zone quotas for Gulf migratory group king mackerel is: 40 percent in
the western zone, 18 percent in the northern zone, 21 percent for the
southern zone using hook-and-line gear, and 21 percent for the southern
zone using gillnet gear.
The commercial quotas for the Gulf western zone are: 1,180,000 lb
(535,239 kg) for the 2016-2017 fishing year, 1,136,000 lb (515,281 kg)
for the 2017-2018 fishing year, 1,116,000 lb (506,209 kg) for the 2018-
2019 fishing year, and 1,096,000 lb (497,137 kg) for the 2019-2020
fishing year and subsequent fishing years.
The commercial quotas for the Gulf northern zone are: 531,000 lb
(240,858 kg) for the 2016-2017 fishing year, 511,200 lb (231,876 kg)
for the 2017-2018 fishing year, 502,200 lb (227,794 kg) for the 2018-
2019 fishing year, and 493,200 lb (223,712 kg) for the 2019-2020
fishing year and subsequent fishing years.
The commercial hook-and-line and commercial run-around gillnet
component quotas in the southern zone are equal for each fishing year:
619,500 lb (281,000 kg) for the 2016-2017 fishing year, 596,400 lb
(270,522 kg) for the 2017-2018 fishing year, 585,900 lb (265,760 kg)
for the 2018-2019 fishing year, and 575,400 lb (260,997 kg) for the
2019-2020 fishing year and subsequent fishing years.
Recreational Bag Limit for Gulf Migratory Group of King Mackerel
This final rule will increase the recreational bag limit for Gulf
migratory group king mackerel from 2 fish per person per trip to 3 fish
per person per trip. In Amendment 26, the Councils considered, but
rejected, the possibility of reallocating from the recreational ACL to
the commercial ACL. The Councils instead decided to increase the
recreational bag limit for Gulf migratory group king mackerel, as this
increased recreational bag limit will allow more opportunities for
recreational anglers to harvest the recreational sector's ACL.
Comments and Responses
A total of 28 comment submissions were received on the proposed
rule and Amendment 26 from both commercial and recreational fishers,
industry groups, the Councils, and one Federal agency. Of the comments
received, 20 comment submissions expressed general support for the
actions within Amendment 26. Several comments raised issues outside the
scope of Amendment 26 and the proposed rule, including requests for a
shark gillnet bycatch allowance for species not in the FMP, a change to
the king mackerel minimum size limit, and a prohibition on gillnets.
Because those comments are outside of the scope of the actions
considered in Amendment 26 and the proposed rule, NMFS is not providing
responses in this final rule. NMFS identified six specific comments
related to Amendment 26 and its proposed rule. These six specific
comments and NMFS' respective responses are summarized below.
Comment 1: NMFS should expedite implementation of the final rule
for Amendment 26 by waiving the 30-day delay in effectiveness for the
regulations in this final rule. Implementation of these regulations
will provide economic and social benefits to commercial and
recreational fishermen and associated businesses and communities across
the South Atlantic, Mid-Atlantic, and Gulf by increasing the king
mackerel quotas. In addition, the regulations will align management for
this species with the best scientific information available.
[[Page 17390]]
Response: The Administrative Procedure Act (APA) sets forth
specific provisions governing Federal agency rulemaking. As described
in 5 U.S.C. 553(d), the APA requires the publication of a rule not less
than 30 days prior to its effective date, except where certain
conditions are met. Waiver of the requirement for this 30-day delay in
effectiveness (cooling off period), may only be granted where (1) a the
substantive rule grants or recognize a exemption or relieves a
restriction, (2) the rule is an interpretative rule or statement of
policy, or (3) the Agency find good cause for waiver of the cooling off
period.
For this final rule, NMFS considered waiving the 30-day cooling off
period for the entire final rule or for actions within the amendment
and determined that waiver is not appropriate. While certain actions
within Amendment 26, such as the revisions to the Gulf and Atlantic
migratory group ACLs and quotas, relieve a restriction, this final rule
contains many actions that are interconnected, including actions that
do not clearly relieve a restriction. The revised quotas are directly
related to the revised management boundary and associated changes to
the zone system for the Gulf and the Atlantic migratory groups of king
mackerel. Implementation of the revised management zones is tied to
other management actions within this final rule and Amendment 26, such
as commercial trip limits, which impose a restriction and would not
qualify for a waiver under the APA. Because the revised quotas directly
relate to the revised management boundary and the associated changes to
the zone system for Gulf and Atlantic migratory groups of king
mackerel, NMFS determined that it would be impractible to waive the
cooling off period for this final rule, as requested by the Councils.
The measures in this final rule will be effective 30 days after
publication in the Federal Register.
Comment 2: The proposed action to establish a year-round management
boundary at the Miami-Dade/Monroe county line will negatively impact
the Florida Keys hook-and-line king mackerel fishermen that depend on
the season opening under the Atlantic migratory group commercial quota
on April 1. This April 1 season opening has historically been crucial
to the financial viability of king mackerel fishing in the Florida
Keys.
Response: The year-round boundary at the Miami-Dade/Monroe county
line established through this final rule will eliminate the seasonal
boundary shift currently in place. Under this final rule, fishermen in
Federal waters off of the Florida Keys will fish under the Gulf
migratory group commercial quota for the entire fishing year.
Currently, vessels fishing in Federal waters off of the Florida Keys
fish under the commercial quota for Gulf migratory group king mackerel
during November 1 through March 31 and under the commercial quota for
the Atlantic migratory group during April 1 through March 31. The
proposed change in the regulatory boundary line for the Gulf and
Atlantic migratory groups of king mackerel will not change the trip
limit for this area, but vessels will no longer have the opportunity to
continue fishing for king mackerel in Federal waters off the Florida
Keys once the Gulf migratory group king mackerel quota for hook-and-
line vessels in the Gulf southern zone has been reached.
The boundary change may result in adverse impacts on hook-and-line
vessels in Federal waters off the Florida Keys. However, those adverse
impacts should be mitigated by the action to divide and allocate the
commercial ACL from the Florida east coast subzone to the remaining
Gulf commercial zone components, including increasing the Gulf southern
zone hook-and-line vessels allocation from approximately 16 percent of
the Gulf migratory group commercial ACL to 21 percent. NMFS concludes
that any adverse impacts on Florida Keys fishermen will likely not be
significant, although the effects will vary across all affected
vessels.
Comment 3: The proposed action to establish a year-round boundary
at the Miami-Dade/Monroe county line for the Gulf and Atlantic
migratory groups of king mackerel does not include discussion of how
climate change may impact this mixing zone. As the habitat conditions
change, the boundary may not be as effective as envisioned. The
location of this boundary should be re-evaluated every 3 years to see
if changes in the ecosystem warrant modification.
Response: During the 2014 stock assessment (SEDAR 38), the impact
of climate change on the distribution of king mackerel was considered
as part of the determination of the mixing zone boundaries. New
assessments are conducted for a stock approximately every 5 years, and
any new information about the extent of the mixing zone will be
evaluated at that time.
Comment 4: It is confusing to set catch limits in pounds of fish in
one area and in numbers of fish in another area.
Response: The catch limits for the Gulf and Atlantic migratory
group king mackerel fisheries are established by the respective
Councils and their SSCs. Each Council determines how it wants to
express catch limits, whether in pounds or by numbers of fish, after
receiving input from fishermen. Most commercial trip limits are
expressed in pounds of fish, but the South Atlantic Council's Cobia
Mackerel Advisory Panel recommended that the trip limit for the
Atlantic southern zone be described in numbers of fish. The Councils
preferred to have this trip limit set in numbers of fish, rather than
pounds of fish, because they believed that it would help with
compliance and enforcement. Numbers of fish will be converted to
landings in pounds of fish by multiplying by the average weight of the
fish to track landings against the Atlantic southern zone commercial
ACL, which is expressed in pounds of fish. In determining this
conversion factor, NMFS uses data from commercial trip intercepts where
the length and weight of the fish harvested on a trip are recorded. As
described in Amendment 26, the most recent available data indicated
that average king mackerel weight was 8.48 lb (3.85 kg), round weight.
Comment 5: The Atlantic migratory group commercial trip limit south
of the Flagler/Volusia, FL, county line from March 1 through March 31,
should be 75 fish rather than 50 fish as proposed in the Amendment 26.
The commercial trip limit should remain at 75 fish for the months of
March through September, because there is no scientific justification
to reduce this to 50 fish.
Response: In Amendment 26, the Councils considered a range of
alternative commercial trip limits, including an alternative which
would have established a trip limit of 75 fish year-round for this
area. However, the Councils selected a preferred alternative which will
implement a 50-fish trip limit in the Atlantic southern zone from March
1 through March 31, and then increase the trip limit to 75 fish from
April 1 through the the end of September. This alternative also
includes a preferred option, which will impose the reduced trip limit
of 50 fish from April through September if 75 percent of the applicable
commercial quota is met at any time during the March through September
fishing season. The Councils selected the 50-fish commercial trip limit
during March due to their concern that a large proportion of the
commercial quota during the March through September fishing season
could be landed in the first month (March), resulting in an earlier
closure for that season. The 50-fish commercial trip limit is intended
to constrain harvest during March, when the fishery may be particularly
[[Page 17391]]
productive, to help ensure that commercial quota is available for a
longer period during the March through September fishing season. In
Amendment 26, the Councils explained that these commercial trip limits,
in conjuction with the other recommended management measures, are
intended to provide the longest continued access to king mackerel by
commercial fishermen within the split season structure. Amendment 26 is
based on the best available scientific information.
Comment 6: Allowing federally permitted shark fishermen a bycatch
limit of 2 or 3 king mackerel that may be sold will provide shark
fishermen an unfair economic advantage over other persons, especially
fishermen that target snapper-grouper, wahoo, and Spanish mackerel.
Response: The bycatch allowance being implemented for shark
fishermen applies to Atlantic migratory group king mackerel
incidentally caught by fishermen engaged in directed shark fishing with
gillnets. The bycatch allowance may be retained and sold only if the
fishermen have both valid Federal shark and king mackerel permits.
Except in the area north of Cape Lookout Light, NC, gillnets are not an
allowable gear for harvesting Atlantic migratory group king mackerel.
The bycatch allowance will allow shark fishermen to generate revenues
from their incidental take of king mackerel that would otherwise be
discarded. Fishermen engaged in directed fishing for snapper-grouper,
wahoo, or Spanish mackerel generally use gear types other than
gillnets, so their directed or incidental catches of king mackerel
(subject to applicable quota and trip limit) may be sold so long as
they possess a valid Federal king mackerel permit.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
that this final rule is consistent with Amendment 26, the Magnuson-
Stevens Act, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
In compliance with section 604 of the RFA, NMFS prepared a final
regulatory flexibility analysis (FRFA) for this final rule. The FRFA
incorporates the Initial Regulatory Flexibility Analysis (IRFA), a
summary of the significant economic issues raised by public comments,
NMFS's responses to those comments, and a summary of the analyses
completed to support the action. The FRFA follows.
The preamble to the final rule provides the statement of the need
for and objectives of this final rule. The Magnuson-Stevens Act
provides the statutory basis for this final rule.
No duplicative, overlapping, or conflicting Federal rules have been
identified. In addition, no new reporting or record-keeping
requirements are introduced by this final rule.
No comments specific to the IRFA were received from the public or
from the Chief Counsel for the Advocacy of the Small Business
Administration; therefore, no public comments are addressed in this
FRFA. However, there are comments that have economic implications, and
they are addressed in the Comments and Responses section.
No changes to the proposed rule were made in response to public
comments. NMFS agrees that the Councils' choice of preferred
alternatives will best achieve the Councils' objectives for Amendment
26 while minimizing, to the extent practicable, the adverse effects on
fishermen, support industries, and associated communities.
NMFS expects this final rule to directly affect federally permitted
commercial fishermen fishing for king mackerel in the Gulf and
Atlantic. Recreational anglers fishing for king mackerel will also be
directly affected by this final rule, but they are not considered
business entities under the RFA, so they are outside the scope of this
analysis. Charterboat and headboat operations are business entities but
they are only indirectly affected by this final rule. 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 (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.
From the 2000-2001 through 2013-2014 fishing years (the most recent
available trip level data at the time that the Councils took final
action on Amendment 26), an average of 274 vessels landed Gulf
migratory group king mackerel. These vessels generated dockside
revenues (2014 dollars) of $3,987,671 from king mackerel, $1,935,219
from other species jointly landed with king mackerel, and $12,395,741
from all other species in trips where king mackerel was not caught. The
average annual revenue per vessel from all species landed by these
vessels, including king mackerel, was $66,952. During the same time
period, an average of 736 vessels landed Atlantic migratory group king
mackerel. These vessels generated dockside revenues (2014 dollars) of
$5,842,731 from king mackerel, $1,888,830 from other species jointly
landed with king mackerel, and $12,670,841 from all other species in
trips where king mackerel was not caught. The average revenue per
vessel from all species landed by these vessels, including king
mackerel, was $27,817. Vessels that caught and landed king mackerel may
also operate in other fisheries, such as the shellfish fisheries, the
revenues of which are not known and are not reflected in these totals.
Based on revenue information, all commercial vessels affected by the
final rule may be assumed to be small entities.
Because all entities expected to be directly affected by this final
rule are assumed to be small entities, NMFS has determined that this
final rule will affect a substantial number of small entities. The
issue of disproportionate effects on small versus large entities does
not arise in the present case because all directly affected entities
are small entities.
The actions in Amendment 26 and this final rule and their effects
on small entities are summarized below.
Action 1 in Amendment 26 will establish a single year-round
boundary for separating the Gulf and Atlantic migratory groups of king
mackerel extending east from the Miami-Dade/Monroe county line, with
the Gulf Council being responsible for management measures for the
mixing zone, defined as the area of the EEZ off of the Florida Keys.
This will replace the current mixing zone boundary that varies
seasonally, and thus will simplify management, minimize confusion among
the public, and likely improve law enforcement, because the new
boundary designation will also coincide with the boundary designation
currently in place for the Gulf and Atlantic migratory groups of
Spanish mackerel. This change will provide a more favorable environment
for commercial vessels to increase revenues and profits. However, the
extent of any revenue increases cannot be estimated at this time. The
current Florida east coast subzone will no longer exist under this
final rule.
Action 2-1 in Amendment 26 will revise the ABC levels for Atlantic
migratory group king mackerel for fishing years 2016-2017 through 2019-
2020, based on the ABC levels recommended by the SSC under a high
recruitment scenario. This will
[[Page 17392]]
substantially increase the Atlantic migratory group ABC, thus enabling
the Council to increase the ACL, and providing a favorable environment
for increases in potential harvest of Atlantic migratory group king
mackerel that could result in higher revenues and profits to
participating commercial vessels.
Action 2-2 in Amendment 26 will revise Atlantic migratory group
king mackerel ACLs, commercial quotas, and recreational ACT, based on
the ABC levels selected in Action 2-1. Action 2-2 will set the ACL
equal to OY and equal to ABC. Given the increase in ABC, equating ACL
and OY to ABC will directly result in increasing the allowable
commercial harvest of Atlantic migratory group king mackerel, as well
as the associated potential revenues. Relative to the current
commercial ACL, the increased commercial ACL will provide the
opportunity for total revenues to increase by an estimated $4.7 million
for the 2016-2017 fishing year, $3.6 million for the 2017-2018 fishing
year, $2.4 million for the 2018-2019 fishing year, and $1.5 million for
the 2019-2020 fishing year and subsequent fishing years. Action 2-2
will also revise the Atlantic migratory group northern and southern
zone commercial quotas, based on the ACL selected by the Councils.
Whether the full revenue potential for each zone will be realized
largely depends on whether the full quotas will be harvested. Using the
highest past landings (2009-2010 landings) as the expected future
landings, neither zone will be expected to fully take its respective
commercial quota. The revised northern and southern zone commercial
quotas may allow for the possibility for further revenue increases in
the future through increased harvest; however, this statement does not
account for the effects from Action 4, which will split the commercial
season into two fishing seasons each year in the Atlantic southern
zone.
Action 3 in Amendment 26 will allow for the limited retention and
sale of Atlantic migratory group king mackerel caught with gillnet as
incidental catch in the gillnet portion of the directed commercial
shark fishery, for any vessel with both a valid Federal shark directed
commercial permit and valid Federal king mackerel commercial permit.
Any incidentally caught king mackerel may only be sold to a dealer with
the Gulf and South Atlantic Federal dealer permit. For this type of
incidental catch, no more than 2 king mackerel per crew member per trip
in the southern zone may be retained and sold, and no more than 3 king
mackerel per crew member per trip in the northern zone (except trips
north of Cape Lookout Light, NC, that use an authorized gillnet for
Atlantic migratory group king mackerel) may be retained and sold. This
change will allow affected vessels to generate some revenue from
incidentally caught king mackerel instead of discarding them. Only 3 to
5 shark gillnet vessels and 21 to 33 total vessel trips have reported
incidental catches of Atlantic migratory group king mackerel, so any
potential adverse impact on vessels that target king mackerel when
incidental catches are counted against the Atlantic migratory group
commercial ACL will be negligible.
Action 4 in Amendment 26 will allocate the commercial quota for
Atlantic migratory group king mackerel's southern zone into two split
seasons: 60 percent of the commercial quota will be allocated to the
first season of March 1 through September 30, and 40 percent will be
allocated to the second season of October 1 through the end of
February. Any remaining unused quota from the first season will
transfer to second season. Any remaining quota from the second season
will not be carried forward to the next fishing year. When the
commercial quota for either season is met or expected to be met,
commercial harvest of king mackerel in the Atlantic southern zone will
be prohibited for the remainder of the respective season. In general,
the revenue effects of splitting the fishing year into seasons as
compared to not splitting the fishing year into seasons are unclear.
For example, if all of the commercial quota were harvested early in the
fishing season when maintaining only one season, the split-season
alternative will comparatively be expected to allow commercial vessels
to fish over a longer period of time, because even if the first season
quota was reached, 40 percent of the commercial quota will be available
for harvest during the second season. Harvest will occur over a longer
period of time (i.e., during both the first and second seasons),
resulting in a more stable supply of fish. Because a more stable supply
is generally associated with higher dockside prices, overall revenues
will likely be higher. Conversely, because only 60 percent of the
commercial quota is allocated to the first season, the implementation
of split seasons may restrict harvest and revenues in the first season
that may not be fully recouped in the second season. This could happen
if revenues from the relatively higher pricing conditions in the first
season, which coincides with the Lenten season, were restricted due to
an early season closure. Landings may be higher in the second season,
but, if prices were low, the higher landings in the second season may
not result in revenue levels that will fully recoup the forgone
revenues in the first season. However, given current available
information on landings, and the commercial quota increase, no quota
closures will be expected for either the first or second season, even
if harvest levels reach the highest past recorded landings (2009-2010
landings). Thus, this action will not be expected to adversely affect
the revenues and profits of commercial vessels.
Action 5 in Amendment 26 will establish a commercial trip limit
system for the Atlantic southern zone. For both the first and second
commercial seasons, the commercial trip limit north of the Flagler/
Volusia county line will remain 3,500 lb (1,587 kg). South of the
Flagler/Volusia county line, the trip limit for the first season will
be 50 fish for the month of March, and 75 fish for the remainder of the
first season, but if 75 percent of the commercial quota for first
season has been be landed, the trip limit will be 50 fish. For the
second season, the commercial trip limit will be 50 fish, and, if less
than 70 percent of the season's quota has been landed, the trip limit
will be 75 fish during the month of February. Because the 3,500 lb
(1,587 kg) trip limit north of the Flagler/Volusia county line is the
same as the current trip limit, vessels fishing in this area will be
unaffected by this action. Given that no commercial quota closures will
be expected for the first or second season, as discussed in Action 4,
the imposition of a commercial trip limit south of the Flagler/Volusia
county line will tend to reduce both per trip revenues and profits of
commercial vessels. However, the magnitude of annual revenue reductions
will be relatively small, as vessels may be able to take more trips due
to a longer season under the commercial quota increases.
Action 6 will set the Gulf migratory group king mackerel ACL equal
to the ABC recommended by the Gulf Council's SSC for the 2016-2017
through 2019-2020 fishing years. The ABC recommended by the SSC is less
than the existing ABC, but the lower number is largely a product of the
boundary change, based on new information in SEDAR 38 that the range of
Gulf migratory group king mackerel spans a smaller area than previously
thought. When the existing commercial ACLs for the Gulf migratory group
are adjusted to account for landings in the Florida east coast subzone
that will no longer be considered part of Gulf migratory group king
mackerel, the new
[[Page 17393]]
commercial ACLs starting in the 2016-2017 fishing year through this
final rule will actually be greater than the existing ones. For this
reason, setting the Gulf migratory group ACL equal to the ABC will be
expected to provide higher landings and revenues to commercial vessels.
Historically, the commercial sector has fully harvested its allocation
of Gulf migratory group king mackerel. Thus, using past landings as a
predictor of future landings, it is likely that the commercial sector
will harvest up to the level of the quota increases for the Gulf
migratory group and generate higher revenues from quota increases.
Estimated total revenue increases will be approximately $1,068,000 for
the 2016-2017 fishing year, $871,000 for the 2017-2018 fishing year,
$781,000 for the 2018-2019 fishing year, and $692,000 for the 2019-2020
fishing year and every fishing year thereafter.
Action 7 in Amendment 26 will revise the commercial zone quotas for
Gulf migratory group king mackerel as follows: 40 percent for the
western zone; 18 percent for the northern zone; 21 percent for the
southern zone hook-and-line component; and 21 percent for the southern
zone gillnet component. This revised zone allocation is necessary
because the previous Gulf migratory group king mackerel zone
allocations included the Florida east coast subzone, which will no
longer exist because of the boundary change under Action 1. The Florida
east coast area will now be included in the southern zone for Atlantic
migratory group king mackerel. Action 7 will result in commercial quota
increases for all of the Gulf migratory group king mackerel zones,
potentially resulting in higher revenues to commercial vessels.
However, the quota increases will not be uniform across the zones, with
the Gulf northern zone receiving the largest quota increases. For the
Gulf western zone, total revenue increases will be approximately
$194,000 for the 2016-2017 fishing year, $115,000 for the 2017-2018
fishing year, $79,000 for the 2018-2019 fishing year, and $44,000 for
the 2019-2020 fishing year and subsequent fishing years. For the Gulf
northern zone, revenue increases will be approximately $630,000 for the
2016-2017 fishing year, $595,000 for the 2017-2018 fishing year,
$579,000 for the 2018-2019 fishing year, and $563,000 for the 2019-2020
fishing year and subsequent fishing years. For the hook-and-line
component of the southern zone, revenue increases will be approximately
$121,000 for the 2016-2017 fishing year, $80,000 for the 2017-2018
fishing year, $61,000 for the 2018-2019 fishing year, and $42,000 for
the 2019-2020 fishing year and subsequent fishing years. Revenue
increases for the gillnet component of the southern zone will be
identical to those of the hook-and-line component. While vessels in all
zones may be expected to generate higher overall revenues, the
distribution of such revenue increases will not be uniform across all
vessels. Because hook-and-line vessels in the Florida Keys will no
longer have access to the Atlantic migratory group king mackerel in
waters off the Florida Keys, revenue increases for these vessels may be
limited. If the hook-and-line quota in the southern zone is reached and
harvest is closed before the normal end of the fishing season on March
31, Florida Keys hook-and-line vessels will no longer be able to
continue generating revenues from the harvest of Gulf or Atlantic
migratory group king mackerel in waters off the Florida Keys. To
continue fishing for king mackerel, vessels will have to move to areas
that remain open to fishing for Gulf or Atlantic migratory group of
king mackerel and such a move could create a potential increase in
fishing costs.
Action 8 in Amendment 26 considered revising the commercial and
recreational allocations for the Gulf migratory group king mackerel;
however, the Councils selected the no action alternative and therefore,
these allocations have not changed through this final rule.
Action 9 in Amendment 26 will modify the recreational bag limit for
Gulf migratory group king mackerel from two to three fish per person
per day. This will not directly affect any business entities under the
RFA.
The following discussion describes the alternatives that were not
selected as preferred by the Council. Among the actions considered,
only actions that would have direct adverse economic effects on small
entities merit inclusion.
Only Action 5 (commercial trip limits for the Atlantic migratory
group's southern zone) may result in adverse economic impacts on small
commercial business entities. Four alternatives and five sub-
alternatives, including the two preferred alternatives and two
preferred sub-alternatives, were considered for establishing commercial
trip limits in the Atlantic southern zone. All of the considered
alternatives would maintain the current trip limit for Atlantic
migratory group king mackerel in areas north of the Volusia/Flagler
county line. The first alternative, the no action alternative, would
retain the current trip limit system. Because of the boundary change in
Action 1, maintaining the current trip limit system would leave certain
areas in the Florida east coast that used to be under the Gulf Council
jurisdiction without trip limits during the winter months. This would
open opportunities for higher harvests that could result in a shorter
king mackerel season in the Atlantic southern zone. Vessels fishing in
the area with no trip limits would benefit, but any benefit would be at
the expense of vessels fishing in areas with trip limits, as allowing
unrestricted harvest would likely lead to earlier quota closures. The
overall net effects on vessel revenues cannot be determined, but if a
commercial quota closure occurs due to increased, unrestricted harvest,
overall annual vessel revenues may decrease.
The second alternative would establish a year-round trip limit of
75 fish for Atlantic migratory group king mackerel in the area south of
the Flagler/Volusia county line. This alternative would provide for a
greater trip limit than the preferred alternative for certain months of
the year, and thus may be expected to result in slightly higher
landings and revenues than the preferred alternative. However, this
alternative may lead to shorter commercial seasons, as it does not
include a mechanism to slow down harvests to avoid exceeding the area's
quota for the first or second seasons in the Atlantic southern zone.
The third alternative, which would apply only to the first season,
would establish a trip limit of 50 fish from March 1-March 31, and 75
fish for the remainder of the season 1, for the area south of the
Flagler/Volusia county line. This alternative has two options, one of
which is the preferred option. The non-preferred option would reduce
the trip limit for the first season if 75 percent of the first season
has been landed, but to occur no earlier than August 1 each fishing
year. The preferred option would reduce the trip limit anytime during
the first season when 75 percent of the first season's quota has been
landed. The non-preferred option would in principle allow for a higher
trip limit over a longer period in the first season and would be
expected to result in higher per trip revenues and profits than the
preferred option. However, analysis of the landings data shows that
both options would have the same effects, because the 75 percent
trigger is expected to be met at the same date under both options,
which would occur after August 1.
The fourth alternative would establish a 50 fish trip limit for the
second season. This alternative has three options, one of which is the
preferred option. The preferred option would increase the trip limit to
75 fish during the month of February, but if 70 percent
[[Page 17394]]
of the second season's commercial quota had been landed, the trip limit
would remain 50 fish. The second option would increase the trip limit
to 75 fish during January and February as long as less than 70 percent
of the second season's quota had been landed. In principle, this second
option would be expected to increase vessel revenues per trip in
January as compared to the preferred option, but the second option
would also increase the likelihood of an earlier closure in the second
season. The third option is similar to the preferred option, except
that the trigger for increasing the trip limit would be landings less
than 80 percent, instead of less than 70 percent, of the second
season's quota. In theory, this option has a greater likelihood than
the preferred option for increasing the commercial trip limit in
February, but it would also increase the likelihood of an early closure
in the second season. However, because the greatest historical landings
have been well below the proposed second season quota, all three
options would be expected to have the same effects on vessel revenues.
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as small entity compliance
guides. As part of the rulemaking process, NMFS prepared a fishery
bulletin, which also serves as a small entity compliance guide. The
fishery bulletin will be sent to all interested parties.
List of Subjects in 50 CFR Part 622
Annual catch limits, Fisheries, Fishing, Gulf of Mexico, King
mackerel, South Atlantic.
Dated: April 6, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is amended
as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.7, revise paragraph (b)(1) to read as follows:
Sec. 622.7 Fishing years.
* * * * *
(b) * * *
(1) Gulf migratory group king mackerel--(i) Southern zone--July 1
through June 30.
(ii) Northern zone--October 1 through September 30.
(iii) Western zone--July 1 through June 30.
* * * * *
Subpart Q--Coastal Migratory Pelagic Resources (Gulf of Mexico,
South Atlantic, and Mid-Atlantic)
0
3. Revise the heading of subpart Q to read as set forth above.
0
4. Revise Sec. 622.369 to read as follows:
Sec. 622.369 Description of zones.
(a) Migratory groups of king mackerel. In the EEZ, king mackerel
are divided into the Gulf migratory group and the Atlantic migratory
group. The Gulf migratory group is bound by a line extending east of
the U.S./Mexico border and a line extending east of the Miami-Dade/
Monroe County, FL, boundary. The Atlantic migratory group is bound by a
line extending east of the Miami-Dade/Monroe County, FL, boundary and a
line from the intersection point of Connecticut, Rhode Island, and New
York (as described in Sec. 600.105(a) of this chapter). The zone
boundaries remain in place year round. See Table 1 of this section for
the boundary coordinates. See Figure 1 in Appendix G of this part for
illustration.
(1) Gulf migratory group. The Gulf migratory group is divided into
western, northern, and southern zones. See Table 1 of this section for
the boundary coordinates. See Figure 1 in Appendix G of this part for
illustration.
(i) Western zone. The western zone encompasses an area of the EEZ
north of a line extending east of the US/Mexico border, and west of a
line extending due south of the Alabama/Florida border, including the
EEZ off Texas, Louisiana, Mississippi, and Alabama.
(ii) Northern zone. The northern zone encompasses an area of the
EEZ east of a line extending due south of the Florida/Alabama border,
and north of a line extending due west of the Lee/Collier County, FL,
boundary.
(iii) Southern zone. The southern zone encompasses an area of the
EEZ south of a line extending due west of the Lee/Collier County, FL,
boundary on the FL west coast, and south of a line extending due east
of the Monroe/Miami-Dade County, FL, boundary on the FL east coast,
which includes the EEZ off Collier and Monroe Counties, FL.
(2) Atlantic migratory group. The Atlantic migratory group is
divided into the northern and southern zones separated by a line
extending from the North Carolina/South Carolina border, as specified
in Sec. 622.2. See Table 1 of this section for the boundary
coordinates. See Figure 1 in Appendix G of this part for illustration.
See Sec. 622.385(a)(1) for a description of the areas for Atlantic
migratory group king mackerel commercial trip limits.
(i) Northern zone. The northern zone encompasses an area of the EEZ
south of a line extending from the intersection point of New York,
Connecticut, and Rhode Island (as described in Sec. 600.105(a) of this
chapter), and north of a line extending from the North Carolina/South
Carolina border, as specified in Sec. 622.2, including the EEZ off
each state from North Carolina to New York. This zone remains the same
year round.
(ii) Southern zone. The southern zone encompasses an area of the
EEZ south of a line extending from the North Carolina/South Carolina
border, as specified in Sec. 622.2, and north of a line extending due
east of the Monroe/Miami-Dade County, FL, boundary.
Table 1 to Sec. 622.369--King Mackerel Description of Zones
[For illustration, see Figure 1 in Appendix G of this part]
------------------------------------------------------------------------
Area Boundary 1 Boundary 2
------------------------------------------------------------------------
Gulf Migratory Group-- U.S./Mexico, A line AL/FL, 87[deg]31'6''
Western Zone. east of the W. long.
intersection of
25[deg]58'30.57''
N. lat. and
96[deg]55'27.37''
W. long.
Gulf Migratory Group-- AL/FL, 87[deg]31'6'' Lee/Collier,
Northern Zone. W. long. 26[deg]19'48'' N.
lat.
Gulf Migratory Group-- Lee/Collier, Monroe/Miami-Dade,
Southern Zone. 26[deg]19'48'' N. 25[deg]20'24'' N.
lat. lat.
[[Page 17395]]
Atlantic Migratory Group-- NY/CT/RI, NC/SC, a line
Northern Zone. 41[deg]18'16.249'' extending in a
N. lat. and direction of
71[deg]54'28.477'' 135[deg]34'55''
W. long. southeast from true north
to beginning at
37[deg]22'32.75'' 33[deg]51'07.9'' N.
N. lat. and the lat. and
intersection point 78[deg]32'32.6'' W.
with the outward long. to the
boundary of the EEZ. intersection point
with the outward
boundary of the
EEZ.
Atlantic Migratory Group-- NC/SC, a line Monroe/Miami-Dade,
Southern Zone. extending in a 25[deg]20'24'' N.
direction of lat.
135[deg]34'55''
from true north
beginning at
33[deg]51'07.9'' N.
lat. and
78[deg]32'32.6'' W.
long. to the
intersection point
with the outward
boundary of the EEZ.
------------------------------------------------------------------------
(b) Migratory groups of Spanish mackerel--(1) Gulf migratory group.
In the EEZ, the Gulf migratory group is bounded by a line extending
east of the U.S./Mexico border and a line extending due east of the
Monroe/Miami-Dade County, FL, boundary. See Table 2 of this section for
the boundary coordinates. See Figure 2 in Appendix G of this part for
illustration.
(2) Atlantic migratory group. In the EEZ, the Atlantic migratory
group is bounded by a line extending due east of the Monroe/Miami-Dade
County, FL, boundary and a line extending from the intersection point
of New York, Connecticut, and Rhode Island (as described in Sec.
600.105(a) of this chapter). The Atlantic migratory group is divided
into the northern and southern zones. See Table 2 of this section for
the boundary coordinates. See Figure 2 in Appendix G of this part for
illustration. See Sec. 622.385(b)(1) for a description of the areas
for Atlantic migratory group Spanish mackerel commercial trip limits.
(i) Northern zone. The northern zone encompasses an area of the EEZ
south of a line extending from the intersection point of New York,
Connecticut, and Rhode Island (as described in Sec. 600.105(a) of this
chapter), and north of a line extending from the North Carolina/South
Carolina border, as specified in Sec. 622.2, including the EEZ off
each state from North Carolina to New York.
(ii) Southern zone. The southern zone encompasses an area of the
EEZ south of a line extending from the North Carolina/South Carolina
border, as specified in Sec. 622.2, and north of a line extending due
east of the Monroe/Miami-Dade County, FL, boundary, including the EEZ
off South Carolina, Georgia, and Florida.
Table 2 to Sec. 622.369--Spanish Mackerel Description of Zones
[For illustration, see Figure 2 in Appendix G of this part]
------------------------------------------------------------------------
Area Boundary 1 Boundary 2
------------------------------------------------------------------------
Gulf Migratory Group........ US/Mexico, A line Monroe/Miami-Dade,
east of the 25[deg]20'24'' N.
intersection of lat.
25[deg]58'30.57''
N. lat. and
96[deg]55'27.37''
W. long.
Atlantic Migratory Group-- NY/CT/RI, NC/SC, a line
Northern Zone. 41[deg]18'16.249'' extending in a
N. lat. and direction of
71[deg]54'28.477'' 135[deg]34'55''
W. long. southeast from true north
to beginning at
37[deg]22'32.75'' 33[deg]51'07.9'' N.
N. lat. and the lat. and
intersection point 78[deg]32'32.6'' W.
with the outward long. to the
boundary of the EEZ. intersection point
with the outward
boundary of the
EEZ.
Atlantic Migratory Group-- NC/SC, a line Monroe/Miami-Dade,
Southern Zone. extending in a 25[deg]20'24'' N.
direction of lat.
135[deg]34'55''
from true north
beginning at
33[deg]51'07.9'' N.
lat. and
78[deg]32'32.6'' W.
long. to the
intersection point
with the outward
boundary of the EEZ.
------------------------------------------------------------------------
(c) Migratory groups of cobia--(1) Gulf migratory group. In the
EEZ, the Gulf migratory group is bounded by a line extending east from
the United States/Mexico border and a line extending due east from the
Florida/Georgia border. See Table 3 of this section for the boundary
coordinates. (See Figure 3 in Appendix G of this part for
illustration.)
(i) Gulf zone. The Gulf zone encompasses an area of the EEZ north
of a line extending east of the United States/Mexico border, and north
and west of the line of demarcation between the Atlantic Ocean and the
Gulf of Mexico (the Council boundary, as described in Sec. 600.105(c)
of this chapter).
(ii) Florida east coast zone. The Florida east coast zone
encompasses an area of the EEZ south and east of the line of
demarcation between the Atlantic Ocean and the Gulf of Mexico (as
described in Sec. 600.105(c) of this chapter), and south of a line
extending due east from the Florida/Georgia border.
(2) Atlantic migratory group. In the EEZ, the Atlantic migratory
group is bounded by a line extending from the intersection point of New
York, Connecticut, and Rhode Island (as described in Sec. 600.105(a)
of this chapter) and a line extending due east of the Florida/Georgia
border. See Table 3 of this section for the boundary coordinates. (See
Figure 3 in Appendix G of this part for illustration.)
[[Page 17396]]
Table 3 to Sec. 622.369--Cobia Description of Zones
[For illustration, see Figure 3 in Appendix G of this part]
------------------------------------------------------------------------
Area Boundary 1 Boundary 2
------------------------------------------------------------------------
Gulf Migratory Group--Gulf US/Mexico, A line Council Boundary--
Zone. east of the the intersection of
intersection of the outer boundary
25[deg]58'30.57'' of the EEZ and
N. lat. and 83[deg]00' W.
96[deg]55'27.37'' long., north to
W. long. 24[deg]35' N. lat.,
(near the Dry
Tortugas Islands),
then east to the
mainland.
Gulf Migratory Group-- Council Boundary-- FL/GA,
Florida East Coast Zone. the intersection of 30[deg]42'45.6'' N.
the outer boundary lat.
of the EEZ and
83[deg]00' W.
long., north to
24[deg]35' N. lat.,
(near the Dry
Tortugas Islands),
then east to the
mainland.
Atlantic Migratory Group.... NY/CT/RI, FL/GA,
41[deg]18'16.249'' 30[deg]42'45.6'' N.
N. lat. and lat.
71[deg]54'28.477''
W. long. southeast
to
37[deg]22'32.75''
N. lat. and the
intersection point
with the outward
boundary of the EEZ.
------------------------------------------------------------------------
0
5. In Sec. 622.370, revise paragraphs (a)(2), (b)(1) introductory
text, and (c)(1) to read as follows:
Sec. 622.370 Permits.
* * * * *
(a) * * *
(2) Gillnets for king mackerel in the Gulf southern zone. For a
person aboard a vessel to use a run-around gillnet for king mackerel in
the southern zone (see Sec. 622.369(a)(1)(iii)), a commercial vessel
permit for king mackerel and a king mackerel gillnet permit must have
been issued to the vessel and must be on board. See Sec. 622.372
regarding a limited access system applicable to king mackerel gillnet
permits in the southern zone and restrictions on transferability of
king mackerel gillnet permits.
* * * * *
(b) * * *
(1) For a person aboard a vessel that is operating as a charter
vessel or headboat to fish for or possess, in or from the EEZ, Gulf
coastal migratory pelagic fish or Atlantic coastal migratory pelagic
fish, a valid charter vessel/headboat permit for Gulf coastal migratory
pelagic fish or Atlantic coastal migratory pelagic fish, respectively,
must have been issued to the vessel and must be on board.
* * * * *
(c) * * *
(1) Permits. For a dealer to first receive Gulf or Atlantic coastal
migratory pelagic fish harvested in or from the EEZ, a Gulf and South
Atlantic dealer permit must be issued to the dealer.
* * * * *
0
6. In Sec. 622.372, revise the section heading to read as follows:
Sec. 622.372 Limited access system for king mackerel gillnet permits
applicable in the Gulf southern zone.
* * * * *
0
7. In Sec. 622.374, revise paragraphs (b)(1)(i) and (ii) and (c)(1) to
read as follows:
Sec. 622.374 Recordkeeping and reporting.
* * * * *
(b) * * *
(1) * * *
(i) Charter vessels. The owner or operator of a charter vessel for
which a charter vessel/headboat permit for Gulf or Atlantic coastal
migratory pelagic fish has been issued, as required under Sec.
622.370(b)(1), or whose vessel fishes for or lands Gulf or Atlantic
coastal migratory fish in or from state waters adjoining the Gulf,
South Atlantic, or Mid-Atlantic EEZ, who is selected to report by the
SRD must maintain a fishing record for each trip, or a portion of such
trips as specified by the SRD, on forms provided by the SRD and must
submit such record as specified in paragraph (b)(2)(i) of this section.
(ii) Headboats. The owner or operator of a headboat for which a
charter vessel/headboat permit for Gulf coastal migratory fish or
Atlantic coastal migratory pelagic fish has been issued, as required
under Sec. 622.370(b)(1), or whose vessel fishes for or lands Gulf or
Atlantic coastal migratory pelagic fish in or from state waters
adjoining the Gulf, South Atlantic, or Mid-Atlantic EEZ, who is
selected to report by the SRD must submit an electronic fishing record
for each trip of all fish harvested within the time period specified in
paragraph (b)(2)(ii) of this section, via the Southeast Region Headboat
Survey.
* * * * *
(c) * * *
(1) A dealer who first receives Gulf or Atlantic coastal migratory
pelagic fish must maintain records and submit information as specified
in Sec. 622.5(c).
* * * * *
0
8. In Sec. 622.375, revise paragraphs (a)(1)(ii) and (b)(4) to read as
follows:
Sec. 622.375 Authorized and unauthorized gear.
(a) * * *
(1) * * *
(ii) King mackerel, Gulf migratory group--hook-and-line gear and,
in the southern zone only, run-around gillnet. (See Sec.
622.369(a)(1)(iii) for a description of the southern zone.)
* * * * *
(b) * * *
(4) Exception for king mackerel in the Gulf EEZ. The provisions of
this paragraph (b)(4) apply to king mackerel taken in the Gulf EEZ and
to such king mackerel possessed in the Gulf. Paragraph (b)(3) of this
section notwithstanding, a person aboard a vessel that has a valid
commercial permit for king mackerel is not subject to the bag limit for
king mackerel when the vessel has on board on a trip unauthorized gear
other than a drift gillnet in the Gulf EEZ, a long gillnet, or a run-
around gillnet in an area other than the southern zone. Thus, the
following applies to a vessel that has a commercial permit for king
mackerel:
(i) Such vessel may not use unauthorized gear in a directed fishery
for king mackerel in the Gulf EEZ.
(ii) If such a vessel has a drift gillnet or a long gillnet on
board or a run-around gillnet in an area other than the southern zone,
no king mackerel may be possessed.
(iii) If such a vessel has unauthorized gear on board other than a
drift gillnet in the Gulf EEZ, a long gillnet, or a run-around gillnet
in an area other than the southern zone, the possession of king
mackerel taken incidentally is restricted only by the closure
provisions of Sec. 622.384(e) and the trip limits specified in Sec.
622.385(a). See also Sec. 622.379 regarding the purse seine catch
allowances of king mackerel.
* * * * *
0
9. In Sec. 622.378, revise the section heading and paragraph (a) to
read as follows:
[[Page 17397]]
Sec. 622.378 Seasonal closures of the Gulf migratory group king
mackerel gillnet fishery.
(a) Seasonal closures 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. on the day after the Martin Luther King Jr.
Federal holiday. The gillnet component is open on the first weekend
following the Martin Luther King Jr. holiday, provided a notification
of closure has not been filed under Sec. 622.8(b). The gillnet
component is closed all subsequent weekends and observed Federal
holidays. Weekend closures are effective from 6 a.m. Saturday to 6 a.m.
Monday. Holiday closures are effective from 6 a.m. on the observed
Federal holiday to 6 a.m. the following day. All times are eastern
standard time. During these closures, 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.)
* * * * *
0
10. Revise Sec. 622.379 to read as follows:
Sec. 622.379 Incidental catch allowances.
(a) Purse seine incidental catch allowance. A vessel in the EEZ, or
having fished in the EEZ, with a purse seine on board will not be
considered as fishing, or having fished, for king or Spanish mackerel
in violation of a prohibition of purse seines under Sec. 622.375(b),
in violation of the possession limits under Sec. 622.375(b)(3), or, in
the case of king mackerel from the Atlantic migratory group, in
violation of a closure effected in accordance with Sec. 622.8(b),
provided the king mackerel on board does not exceed 1 percent, or the
Spanish mackerel on board does not exceed 10 percent, of all fish on
board the vessel. Incidental catch will be calculated by number and/or
weight of fish. Neither calculation may exceed the allowable
percentage. Incidentally caught king or Spanish mackerel are counted
toward the quotas provided for under Sec. 622.384 and are subject to
the prohibition of sale under Sec. 622.384(e)(3).
(b) Shark gillnet incidental catch allowance. A vessel in the
Atlantic EEZ with a valid Federal Atlantic commercial shark directed
permit and a valid Federal king mackerel commercial permit that is
engaged in directed shark fishing with gillnets that are not an
authorized gear for Atlantic migratory group king mackerel (See Sec.
622.375(a)(1)(i)), may retain and sell a limited number of king
mackerel. Any king mackerel retained must be sold to a dealer with a
valid Federal Gulf and South Atlantic dealer permit.
(1) Northern zone. No more than three king mackerel per crew member
may be retained or sold per trip (See Sec. 622.385(a)(1)(i) for the
commercial trip limit for directed king mackerel trips using authorized
gillnets (in the Atlantic EEZ north of 34[deg]37.3' N. lat., the
latitude of Cape Lookout, NC)).
(2) Southern zone. No more than two king mackerel per crew member
may be retained or sold per trip.
0
11. In Sec. 622.382, revise paragraph (a)(1)(ii) to read as follows:
Sec. 622.382 Bag and possession limits.
* * * * *
(a) * * *
(1) * * *
(ii) Gulf migratory group king mackerel--3.
* * * * *
0
12. In Sec. 622.384, revise paragraphs (b) and (e) to read as follows:
Sec. 622.384 Quotas.
* * * * *
(b) King mackerel--(1) Gulf migratory group. The Gulf migratory
group is divided into zones. The description of the zones is specified
in Sec. 622.369(a). Quotas for the western, northern, and southern
zones are as follows:
(i) Western zone. The quota is 1,180,000 lb (535,239 kg) for the
2016-2017 fishing year, 1,136,000 lb (515,281 kg) for the 2017-2018
fishing year, 1,116,000 lb (506,209 kg) for the 2018-2019 fishing year,
and 1,096,000 lb (497,137 kg) for the 2019-2020 fishing year and
subsequent fishing years.
(ii) Northern zone. The quota is 531,000 lb (240,858 kg) for the
2016-2017 fishing year, 511,200 lb (231,876 kg) for the 2017-2018
fishing year, 502,200 lb (227,794 kg) for the 2018-2019 fishing year,
and 493,200 lb (223,712 kg) for the 2019-2020 fishing year and
subsequent fishing years.
(iii) Southern zone. (A) The hook-and-line quota is 619,500 lb
(281,000 kg) for the 2016-2017 fishing year, 596,400 lb (270,522 kg)
for the 2017-2018 fishing year, 585,900 lb (265,760 kg) for the 2018-
2019 fishing year, and 575,400 lb (260,997 kg) for the 2019-2020
fishing year and subsequent fishing years.
(B) The run-around gillnet quota is 619,500 lb (281,000 kg) for the
2016-2017 fishing year, 596,400 lb (270,522 kg) for the 2017-2018
fishing year, 585,900 lb (265,760 kg) for the 2018-2019 fishing year,
and 575,400 lb (260,997 kg) for the 2019-2020 fishing year and
subsequent fishing years.
(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 for the 2016-2017 fishing year and subsequent years are as
follows:
(i) Northern zone. The quota is 1,497,600 lb (679,300 kg) for the
2016-2017 fishing year, 1,359,360 lb (616,595 kg) for the 2017-2018
fishing year, 1,198,080 lb (543,440 kg) for the 2018-2019 fishing year
and 1,082,880 lb (491,186 kg) for the 2019-2020 fishing year 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 annual quota is 5,002,400 lb (2,269,050 kg)
for the 2016-2017 fishing year, 4,540,640 lb (2,059,600 kg) for the
2017-2018 fishing year, 4,001,920 lb (1,815,240 kg) for the 2018-2019
fishing year and 3,617,120 lb (1,640,698 kg) for the 2019-2020 fishing
year and subsequent fishing years.
(A) For the period March 1 through September 30, each year, the
seasonal quota is 3,001,440 lb (1,361,430 kg) for the 2016-2017 fishing
year, 2,724,384 lb (1,235,760 kg) for the 2017-2018 fishing year,
2,401,152 lb (1,089,144 kg) for the 2018-2019 fishing year and
2,170,272 lb (984,419 kg) for the 2019-2020 fishing year and subsequent
fishing years.
(B) For the period October 1 through the end of February each year,
the seasonal quota is 2,000,960 lb (907,620 kg) for the 2016-2017
fishing year, 1,816,256 lb (823,840 kg) for the 2017-2018 fishing year,
1,600,768 lb (726,096 kg) for the 2018-2019 fishing year and 1,446,848
lb (656,279 kg) for the 2019-2020 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.
(iii) Quota transfers. North Carolina or Florida, in consultation
with the other states in their respective zones, may request approval
from the RA to transfer part or all of their respective zone's annual
commercial quota to the other zone. Requests for transfer of commercial
quota for king mackerel must be made by a letter signed by the
[[Page 17398]]
principal state official with marine fishery management responsibility
and expertise of the state requesting the transfer, or his/her
previously named designee. The letter must certify that all pertinent
state requirements have been met and identify the states involved and
the amount of quota to be transferred. For the purposes of quota
closures as described in Sec. 622.8, the receiving zone's quota will
be the original quota plus any transferred amount, for that fishing
season only. Landings associated with any transferred quota will be
included in the total landings for the Atlantic migratory group, which
will be evaluated relative to the total ACL.
(A) Within 10 working days following the receipt of the letter from
the state requesting the transfer, the RA shall notify the appropriate
state officials of the disposition of the request. In evaluating
requests to transfer a quota, the RA shall consider whether:
(1) The transfer would allow the overall annual quota to be fully
harvested; and
(2) The transfer is consistent with the objectives of the FMP and
the Magnuson-Stevens Act.
(B) The transfer of quota will be valid only for the fishing year
for which the request was made and does not permanently alter the
quotas specified in paragraphs (b)(2)(i) and (ii) of this section.
(3) Transit provisions applicable in areas closed due to a quota
closure for king mackerel. A vessel with a valid commercial vessel
permit for king mackerel that has onboard king mackerel harvested in an
open area of the EEZ may transit through areas closed to the harvest of
king mackerel due to a quota closure, if fishing gear is appropriately
stowed. For the purpose of paragraph (b) of this section, transit means
direct and non-stop continuous course through the area. To be
appropriately stowed fishing gear means--
(i) A gillnet must be left on the drum. Any additional gillnets not
attached to the drum must be stowed below deck.
(ii) A rod and reel must be removed from the rod holder and stowed
securely on or below deck. Terminal gear (i.e., hook, leader, sinker,
flasher, or bait) must be disconnected and stowed separately from the
rod and reel. Sinkers must be disconnected from the down rigger and
stowed separately.
* * * * *
(e) Restrictions applicable after a quota closure. (1) A person
aboard a vessel for which a commercial permit for king or Spanish
mackerel has been issued, as required under Sec. 622.370(a)(1) or (3),
may not fish for king or Spanish mackerel in the EEZ or retain king or
Spanish mackerel in or from the EEZ under a bag or possession limit
specified in Sec. 622.382(a) for the closed species, migratory group,
zone, or gear, except as provided for under paragraph (e)(2) of this
section.
(2) A person aboard a vessel for which valid charter vessel/
headboat permits for Gulf coastal migratory pelagic fish or Atlantic
coastal migratory pelagic fish and a valid commercial vessel permit for
king or Spanish mackerel have been issued may continue to retain fish
under a bag and possession limit specified in Sec. 622.382(a),
provided the vessel is operating as a charter vessel or headboat.
(3) The sale or purchase of king mackerel, Spanish mackerel, or
cobia of the closed species, migratory group, zone, or gear type, is
prohibited, including any king or Spanish mackerel taken under the bag
limits, or cobia taken under the limited-harvest species possession
limit specified in Sec. 622.383(b). The prohibition on sale/purchase
during a closure for coastal migratory pelagic fish does not apply to
coastal migratory pelagic fish that were harvested, landed ashore, and
sold prior to the effective date of the closure and were held in cold
storage by a dealer or processor.
0
13. In Sec. 622.385, revise paragraph (a) to read as follows:
Sec. 622.385 Commercial trip limits.
* * * * *
(a) King mackerel--(1) Atlantic migratory group. The following trip
limits apply to vessels for which commercial permits for king mackerel
have been issued, as required under Sec. 622.370(a)(1):
(i) North of 29[deg]25' N. lat., which is a line directly east from
the Flagler/Volusia County, FL, boundary, king mackerel in or from the
EEZ may not be possessed on board or landed from a vessel in a day in
amounts exceeding 3,500 lb (1,588 kg).
(ii) In the area between 29[deg]25' N. lat., which is a line
directly east from the Flagler/Volusia County, FL, boundary, and
29[deg]25' N. lat., which is a line directly east from the Miami-Dade/
Monroe County, FL, boundary king mackerel in or from the EEZ may not be
possessed on board or landed from a vessel in a day in amounts not to
exceed:
(A) From March 1 through March 31--50 fish.
(B) From April 1 through September 30--75 fish, unless NMFS
determines that 75 percent or more of the quota specified in Sec.
622.384(b)(2)(ii)(A) has been landed, then, 50 fish.
(C) From October 1 through January 31--50 fish.
(D) From February 1 through the end of February--50 fish, unless
NMFS determines that less than 70 percent of the quota specified in
Sec. 622.384(b)(2)(ii)(B) has been landed, then, 75 fish.
(2) Gulf migratory group. Commercial trip limits are established in
the southern, northern, and western zones as follows. (See Sec.
622.369(a) for descriptions of the southern, northern, and western
zones.)
(i) Southern zone--(A) Gillnet gear. (1) King mackerel in or from
the EEZ may be possessed on board or landed from a vessel for which a
commercial vessel permit for king mackerel and a king mackerel gillnet
permit have been issued, as required under Sec. 622.370(a)(2), in
amounts not exceeding 45,000 lb (20,411 kg) per day.
(2) King mackerel in or from the EEZ may be possessed on board or
landed from a vessel that uses or has on board a run-around gillnet on
a trip only when such vessel has on board a commercial vessel permit
for king mackerel and a king mackerel gillnet permit.
(3) King mackerel from the southern zone landed by a vessel for
which a commercial vessel permit for king mackerel and a king mackerel
gillnet permit have been issued will be counted against the run-around
gillnet quota specified in Sec. 622.384(b)(1)(iii)(B).
(4) King mackerel in or from the EEZ harvested with gear other than
run-around gillnet may not be retained on board a vessel for which a
commercial vessel permit for king mackerel and a king mackerel gillnet
permit have been issued.
(B) Hook-and-line gear. King mackerel in or from the EEZ may be
possessed on board or landed from a vessel with a commercial permit for
king mackerel, as required by Sec. 622.370(a)(1), and operating under
the hook-and-line gear quotas in Sec. 622.384(b)(1)(iii)(A) in amounts
not exceeding 1,250 lb (567 kg) per day.
(ii) Northern zone. King mackerel in or from the EEZ may be
possessed on board or landed from a vessel for which a commercial
permit for king mackerel has been issued, as required under Sec.
622.370(a)(1), in amounts not exceeding 1,250 lb (567 kg) per day.
(iii) Western zone. King mackerel in or from the EEZ may be
possessed on board or landed from a vessel for which a commercial
permit for king mackerel has been issued, as required under
[[Page 17399]]
Sec. 622.370(a)(1), in amounts not exceeding 3,000 lb (1,361 kg) per
day.
* * * * *
0
14. In Sec. 622.388, revise paragraphs (a), (b), (d)(2)(i), and
(f)(2)(i) to read as follows:
Sec. 622.388 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures.
* * * * *
(a) Gulf migratory group king mackerel--(1) Commercial sector. (i)
If commercial landings, as estimated by the SRD, reach or are projected
to reach the applicable quota specified in Sec. 622.384(b)(1), the AA
will file a notification with the Office of the Federal Register to
close the commercial sector for that zone, or gear type for the
remainder of the fishing year.
(ii) The commercial ACL for the Gulf migratory group of king
mackerel is 2.95 million lb (1.34 million kg) for the 2016-2017 fishing
year, 2.84 million lb (1.29 million kg) for the 2017-2018 fishing year,
2.79 million lb (1.27 million kg) for the 2018-2019 fishing year, and
2.74 million lb (1.24 million kg) for the 2019-2020 and subsequent
fishing years. This 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 2,330,500 lb (1,057,097 kg) for 2016-2017
fishing year, 2,243,600 lb (1,017,680 kg) for the 2017-2018 fishing
year, 2,204,100 lb (999,763 kg) for the 2018-2019 fishing year, and
2,164,600 lb (981,846 kg) for the 2019-2020 and subsequent fishing
years. The run-around gillnet ACL (which applies to the southern zone)
is 619,500 lb (281,000 kg) for the 2016-2017 fishing year, 596,400 lb
(270,522 kg) for the 2017-2018 fishing year, 585,900 lb (265,760 kg)
for the 2018-2019 fishing year, and 575,400 lb (260,997 kg) for 2019-
2020 and subsequent fishing years.
(iii) If commercial landings of Gulf migratory group king mackerel
caught by run-around gillnet in the southern zone, as estimated by the
SRD, exceed the commercial ACL, the AA will file a notification with
the Office of the Federal Register to reduce the commercial ACL for
king mackerel harvested by run-around gillnet in the southern zone in
the following fishing year by the amount of the commercial ACL overage
in the prior fishing year.
(2) Recreational sector. If recreational landings, as estimated by
the SRD, reach or are projected to reach the recreational ACL of 6.26
million lb (2.84 million kg) for the 2016-2017 fishing year, 6.04
million lb (2.74 million kg) for the 2017-2018 fishing year, 5.92
million lb (2.69 million kg) for the 2018-2019 fishing year, and 5.81
million lb (2.64 million kg) for the 2019-2020 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.
(3) For purposes of tracking the ACL, recreational landings will be
monitored based on the commercial fishing year.
(b) Atlantic migratory group king mackerel--(1) Commercial sector.
(i) If commercial landings, as estimated by the SRD, reach or are
projected to reach the applicable quota for the zone or season
specified in Sec. 622.384(b)(2), the AA will file a notification with
the Office of the Federal Register to close the commercial sector for
that zone for the remainder of the applicable fishing season or fishing
year.
(ii) In addition to the measures specified in paragraph (b)(1)(i)
of this section, if 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, and Atlantic migratory group king
mackerel are overfished, based on the most recent status of U.S.
Fisheries Report to Congress, 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 commercial quota for that zone for
that following year by the amount of any commercial sector overage in
the prior fishing year for that zone.
(iii) The commercial ACL for the Atlantic migratory group of king
mackerel is 6.5 million lb (2.9 million kg) for the 2016-2017 fishing
year, 5.9 million lb (2.7 million kg) for the 2017-2018 fishing year,
5.2 million lb (2.4 million kg) for the 2018-2019 fishing year, and 4.7
million lb (2.1 million kg) for the 2019-2020 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 ACT is 10.1 million lb
(4.6 million kg) for the 2016-2017 fishing year, 9.2 million lb (4.2
million kg) for the 2017-2018 fishing year, 8.3 million lb (3.8 million
kg) for the 2018-2019 fishing year, and 7.4 million lb (3.4 million kg)
for the 2019-2020 fishing year and subsequent fishing years. The
recreational ACL is 10.9 million lb (4.9 million kg) for the 2016-2017
fishing year, 9.9 million lb (4.5 million kg) for the 2017-2018 fishing
year, 8.9 million lb (4.0 million kg) for the 2018-2019 fishing year,
and 8.0 million lb (3.6 million kg) for the 2019-2020 fishing year and
subsequent fishing years.
(ii) In addition to the measures specified in paragraph (b)(2)(i)
of this section, if 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, and Atlantic migratory group king
mackerel are overfished, based on the most recent status of U.S.
Fisheries Report to Congress, 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 recreational ACL and ACT for that
following year by the amount of any recreational sector overage in the
prior fishing year.
(iii) For purposes of tracking the ACL, recreational landings will
be evaluated based on the commercial fishing year, March through
February. Recreational landings will be evaluated relative to the ACL
based on a moving multi-year average of landings, as described in the
FMP.
(3) The stock ACL for Atlantic migratory group king mackerel is
17.4 million lb (7.9 million kg) for the 2016-2017 fishing year, 15.8
million lb (7.2 million kg) for the 2017-2018 fishing year, 14.1
million lb (6.4 million kg) for the 2018-2019 fishing year, and 12.7
million lb (5.8 million kg) for the 2019-2020 fishing year and
subsequent fishing years.
* * * * *
(d) * * *
(2) * * *
(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 (d)(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
[[Page 17400]]
landings may achieve the recreational ACT, but do not exceed the
recreational ACL, in the following fishing year. The recreational ACT
for the Atlantic migratory group is 2.364 million lb (1.072 million
kg). The recreational ACL for the Atlantic migratory group is 2.727
million lb (1.236 million kg).
* * * * *
(f) * * *
(2) * * *
(i) If landings of cobia that are not sold exceed the ACL specified
in this paragraph and the sum of the cobia landings that are sold and
not sold, as estimated by the SRD, exceeds the stock ACL, as specified
in paragraph (f)(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 length of the following
fishing season by the amount necessary to ensure landings may achieve
the applicable ACT, but do not exceed the applicable ACL in the
following fishing year. The applicable ACTs for the Atlantic migratory
group of cobia are 550,000 lb (249,476 kg) for 2014, 520,000 lb
(235,868 kg) for 2015, and 500,000 lb (226,796 kg) for 2016 and
subsequent fishing years. The applicable ACLs for the Atlantic
migratory group of cobia are 670,000 lb (303,907 kg) for 2014, 630,000
lb (285,763 kg) for 2015, and 620,000 lb (281,227 kg) for 2016 and
subsequent fishing years.
* * * * *
0
15. Revise Appendix G to Part 622 to read as follows:
Appendix G to Part 622--Coastal Migratory Pelagics Zone Illustration
BILLING CODE 3510-22-P
[GRAPHIC] [TIFF OMITTED] TR11AP17.000
[[Page 17401]]
[GRAPHIC] [TIFF OMITTED] TR11AP17.001
[[Page 17402]]
[GRAPHIC] [TIFF OMITTED] TR11AP17.002
[FR Doc. 2017-07233 Filed 4-10-17; 8:45 am]
BILLING CODE 3510-22-C
