Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region; Framework Action, 15293-15296 [2014-06062]
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Federal Register / Vol. 79, No. 53 / Wednesday, March 19, 2014 / Proposed Rules
(i) Advance notice of landing—(A)
General requirement. For the purpose of
this paragraph, landing means to arrive
at a dock, berth, beach, seawall, or
ramp. The owner or operator of a vessel
landing IFQ groupers or tilefishes is
responsible for ensuring that NMFS is
contacted at least 3 hours, but no more
than 24 hours, in advance of landing to
report the time and location of landing,
estimated grouper and tilefish landings
in pounds gutted weight for each share
category (gag, red grouper, DWG, Other
SWG, tilefishes), vessel identification
number (Coast Guard registration
number or state registration number),
and the name and address of the IFQ
dealer(s) where the groupers or
tilefishes are to be received. The vessel
must land within 30 minutes after the
time given in the landing notification
except as provided in paragraph
(b)(5)(i)(C) of this section. The vessel
landing groupers or tilefishes must have
sufficient IFQ allocation in the IFQ
vessel account, or its linked IFQ
shareholder account, and in the
appropriate share category or categories,
at least equal to the pounds in gutted
weight of all groupers and tilefishes on
board (except for any overage up to the
10 percent allowed on the last fishing
trip) at the time of the advance notice
of landing.
(B) Submitting an advanced landing
notification. Authorized methods for
contacting NMFS and submitting the
report include calling IFQ Customer
Service at 1–866–425–7627, completing
and submitting to NMFS a landing
notification provided through the VMS
unit, or providing the required
information to NMFS through the webbased form available on the IFQ Web
site at ifq.sero.fisheries.noaa.gov.
(C) Landing prior to the notification
time. The owner or operator of a vessel
that has completed a landing
notification and submitted it to NMFS
may land prior to the notification time,
only if a state or Federal law
enforcement officer is present at the
landing site and has authorized the
owner or operator of the vessel to land
early.
(D) Changes to a landing notification.
The owner or operator of a vessel who
has submitted a landing notification to
NMFS may make changes to the
notification by submitting a superseding
notification. If the initial superseding
notification makes changes to one or
more of the following: The time of
landing (if landing more than 30
minutes after the time on the
notification), the dealer(s), or the
estimated weights of fish to be landed,
the vessel does not need to wait an
additional 3 hours to land. If the initial
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superseding notification makes changes
to the landing location, the time of
landing is earlier than previously
specified, or more than one superseding
notification is submitted on a trip, the
vessel must wait an additional 3 hours
to land, except as provided in paragraph
(b)(5)(i)(C) of this section.
(ii) Time restriction on offloading. For
the purpose of this paragraph,
offloading means to remove IFQ
groupers and tilefishes from a vessel.
IFQ groupers or tilefishes may be
offloaded only between 6 a.m. and 6
p.m., local time, unless a state or
Federal law enforcement officer is
present at the offloading at 6 p.m. and
authorizes the owner or operator of the
vessel to continue offloading after 6
p.m.
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(iv) Requirement for transaction
approval code. If IFQ groupers or
tilefishes are offloaded to a vehicle for
transport or are on a vessel that is
trailered for transport, on-site capability
to accurately weigh the fish and to
connect electronically to the online IFQ
system to complete the transaction and
obtain the transaction approval code is
required. After a landing transaction has
been completed, a transaction approval
code verifying a legal transaction of the
amount of IFQ groupers and tilefishes in
possession and a copy of the dealer
endorsement must accompany any IFQ
groupers or tilefishes from the landing
location through possession by a dealer.
This requirement also applies to IFQ
groupers and tilefishes possessed on a
vessel that is trailered for transport. A
dealer may only receive IFQ groupers
and tilefishes transported by a vehicle
or a trailered vessel that has a
corresponding transaction approval
code.
(v) Approved landing locations. IFQ
groupers and tilefishes must be landed
at an approved landing location.
Landing locations must be approved by
NMFS Office for Law Enforcement prior
to a vessel landing IFQ groupers or
tilefishes at these sites. * * *
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PART 622—[AMENDED]
4. In part 622, revise ‘‘IFQ online
account’’ to read ‘‘IFQ account’’
wherever it occurs.
■
PART 622—[AMENDED]
5. In part 622, revise
‘‘ifq.sero.nmfs.noaa.gov’’ to read
‘‘ifq.sero.fisheries.noaa.gov’’ wherever it
occurs.
■
[FR Doc. 2014–06065 Filed 3–18–14; 8:45 am]
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15293
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 130805680–4200–01]
RIN 0648–BD58
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Coastal
Migratory Pelagic Resources in the
Gulf of Mexico and Atlantic Region;
Framework Action
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes to implement
management measures described in a
framework action to the Fishery
Management Plan for the Coastal
Migratory Pelagic Resources in the Gulf
of Mexico and Atlantic Region (FMP)
(Framework Action), as prepared and
submitted by the South Atlantic and
Gulf of Mexico Fishery Management
Councils (Councils). If implemented,
this rule would allow transfer of
Atlantic migratory group Spanish
mackerel caught in excess of the trip
limit with gillnet gear from one vessel
with a Federal Spanish mackerel
commercial permit to another vessel
with a Federal Spanish mackerel
commercial permit that has not yet
harvested the trip limit; allow the
receiving vessel involved in a Spanish
mackerel transfer-at-sea to have three
gillnets onboard instead of two; and
modify the commercial trip limits for
king mackerel in the Florida east coast
subzone. This rule also proposes an
administrative change to correct an
inadvertent error in a prior rulemaking
unrelated to this Framework Action.
The purpose of this rule is to modify the
restrictions on transfer-at-sea and gillnet
allowances for Atlantic migratory group
Spanish mackerel to minimize dead
discards of Spanish mackerel and
modify the king mackerel trip limit in
the Florida east coast subzone to
optimize utilization of the resource.
DATES: Written comments must be
received on or before April 18, 2014.
ADDRESSES: You may submit comments
on the proposed rule, identified by
‘‘NOAA–NMFS–2013–0162’’ by any of
the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
SUMMARY:
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Federal Register / Vol. 79, No. 53 / Wednesday, March 19, 2014 / Proposed Rules
#!docketDetail;D=NOAA-NMFS-20130162, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Kate Michie, Southeast Regional Office,
NMFS, 263 13th Avenue South, St.
Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in the required fields if you wish
to remain anonymous). Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF
file formats only.
Electronic copies of the Framework
Action, which includes an
environmental assessment, an initial
regulatory flexibility analysis (IRFA)
and a regulatory impact review, may be
obtained from the Southeast Regional
Office Web site at https://
sero.nmfs.noaa.gov.
Kate
Michie, telephone: 727–824–5305, or
email: kate.michie@noaa.gov.
SUPPLEMENTARY INFORMATION: The
coastal migratory pelagic (CMP) fishery
of the South Atlantic and the Gulf of
Mexico (Gulf) is managed under the
FMP. The FMP was prepared by the
Councils and implemented through
regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act).
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FOR FURTHER INFORMATION CONTACT:
Background
The Magnuson-Stevens Act requires
that NMFS and regional fishery
management councils prevent
overfishing and achieve, on a
continuing basis, the optimum yield
from federally managed fish stocks.
These mandates are intended to ensure
that fishery resources are managed for
the greatest overall benefit to the nation,
particularly with respect to providing
food production and recreational
opportunities, and protecting marine
ecosystems. To further this goal, the
Magnuson-Stevens Act requires fishery
managers to minimize bycatch and
bycatch mortality to the extent
practicable.
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Management Measures Contained in
This Proposed Rule
This rulemaking would allow
transfer-at-sea of Spanish mackerel in
gillnets between vessels with Federal
Spanish mackerel commercial permits
that are using gillnet gear and allow
vessels engaged in this transfer activity
to have three gillnets onboard. This
rulemaking would also modify the
Atlantic king mackerel Florida east
coast subzone trip limit so that during
March 1 through March 31, if 70 percent
or more of the quota has been harvested,
the trip limit would remain at 50 fish
per vessel per trip; however, if less than
70 percent of the quota has been
harvested during that time, the trip limit
would increase to 75 fish per vessel per
trip until March 31. The purpose of this
rulemaking is to modify the restrictions
on transfer-at-sea and gillnet allowances
for Atlantic migratory group Spanish
mackerel to minimize dead discards of
Spanish mackerel and modify the king
mackerel trip limit in the Florida east
coast subzone to optimize utilization of
the resource.
Transfer-at-Sea and Gillnet Gear
Restriction Modifications
Currently in the South Atlantic,
transfer-at-sea of harvested fish is
prohibited for any species under a
commercial trip limit, and only two
gillnets are allowed on a federally
permitted Spanish mackerel vessel at
one time. In some instances, the
Spanish mackerel trip limit may be
exceeded with just one gillnet set, and
the excess fish must be discarded. Many
Spanish mackerel caught in gillnet gear
die due to trauma experienced during
capture. This proposed rule would
allow a portion of a gillnet and the
Spanish mackerel within the gillnet to
be transferred from a federally permitted
Spanish mackerel vessel that has
reached the Spanish mackerel trip limit
to another federally permitted Spanish
mackerel vessel that has not yet reached
the trip limit. Allowing transfer of
Spanish mackerel in gillnets between
vessels with Federal Spanish mackerel
commercial permits that are using
gillnet gear may reduce dead discards
and minimize waste.
The transfer-at-sea of harvested fish
would only be allowed if all the
following conditions are met: (1) The
owner or operator of both vessels
involved in the transfer must report the
transfer by telephone to the NOAA
Office of Law Enforcement in Port
Orange, Florida, prior to the transfer; (2)
harvesting gear must be allowable
gillnet gear, as specified in § 622.377(b);
(3) transfer can only take place in
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Federal waters between two vessels
with valid commercial permits for
Spanish mackerel; (4) the receiving
vessel must possess no more than three
gillnets after the transfer is completed;
(5) all Spanish mackerel exceeding the
applicable daily vessel limit shall
remain in the gillnet until transferred;
(6) the quantity of Spanish mackerel
transferred to any single vessel shall not
exceed the applicable daily trip limit;
and (7) transfers of Spanish mackerel
may only occur once per vessel per trip.
Currently, only two gillnets with
different mesh sizes are allowed to be
possessed and used on federally
permitted Spanish mackerel vessels.
This proposed rule would also modify
the two gillnet possession restriction in
order to account for the portion of a
third net that would be present onboard
a vessel that receives Spanish mackerel
transferred at sea. Only vessels engaged
in this transfer activity would be
allowed to have three gillnets onboard.
Atlantic King Mackerel Trip Limit
Modification in the Florida East Coast
Subzone
This proposed rule would modify the
commercial trip limits for Atlantic king
mackerel in the Florida east coast
subzone, which, from November 1
through March 31, is located in the area
south of 29°25′ N. lat. (a line directly
east from the Flagler/Volusia County,
Florida, boundary) and north of 25°20.4′
N. lat. (a line directly east from the
Miami-Dade/Monroe County, Florida,
boundary). The current system of trip
limits allows for an increase in the rate
of landings, which at times can cause
the commercial sector to close before
the religious Lenten season ends, when
demand for fish is typically
substantially greater.
This rule proposes to extend the
period of time the current 50-fish trip
limit is in place each year from
November through January to November
through February. The rule also
proposes to lower the threshold harvest
level from 75 percent of the quota to 70
percent of the quota to determine
whether or not the trip limit would
increase during the month of March.
Therefore, if implemented, during
March 1 through March 31, if 70 percent
or more of the quota has been harvested,
the trip limit would remain at 50 fish
per vessel per trip; however, if less than
70 percent of the quota has been
harvested, the trip limit would increase
to 75 fish per vessel per trip until March
31. From April 1 through October 31,
the Florida east coast subzone is no
longer part of the Gulf migratory group
king mackerel area; it is part of the
Atlantic migratory group king mackerel
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area. Therefore, during this period, the
provisions proposed in this rule would
not apply. The trip limit modifications
proposed through this rule are expected
to help minimize lost fishing
opportunities and optimize revenues of
the coastal migratory pelagics fishery.
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Additional Changes Contained in This
Proposed Rule
Drift gillnets for all coastal migratory
pelagic species and run-around gillnets
for king mackerel were prohibited in the
South Atlantic exclusive economic zone
(EEZ) through the final rule
implementing Amendment 3 to the FMP
(54 FR 29561, July 13, 1989). However,
the regulations currently at § 622.387,
which address prevention of gear
conflicts between hook-and-line and
gillnet vessels in the South Atlantic
EEZ, were inadvertently not removed at
the time when the final rule for
Amendment 3 was implemented. This
rule proposes to correct this mistake by
removing the regulations at § 622.387.
This revision is unrelated to the
Framework Action.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the Assistant
Administrator has determined that this
proposed rule is consistent with the
Framework Action, the FMP, the
Magnuson-Stevens Act and other
applicable law, subject to further
consideration after public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
NMFS prepared an IRFA for this rule,
as required by section 603 of the
Regulatory Flexibility Act, 5 U.S.C. 603.
The IRFA describes the economic
impact that this proposed rule, if
implemented, would have on small
entities. A description of the action,
why it is being considered, and the
objectives of and legal basis for this
action are contained in the preamble. A
copy of the full analysis is available
from the NMFS (see ADDRESSES). A
summary of the IRFA follows.
The purpose of this rulemaking is
twofold: (1) To eliminate the current
prohibition on the transfer of Spanish
mackerel by gillnet and (2) to modify
trip limits for king mackerel that may
extend the length of the open fishing
season. This rule proposes to eliminate
the current prohibition on the transfer of
Spanish mackerel by gillnet to reduce
dead discards and minimize waste. This
proposed rule would modify trip limits
for king mackerel to extend the length
of the open fishing season, especially
into the Lenten season when market
demand is greater. The Magnuson-
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Stevens Act provides the statutory basis
for these two proposed actions.
No duplicative, overlapping, or
conflicting Federal rules have been
identified.
The rule would apply directly to
businesses in the finfish fishing
industry (NAICS 114111) that harvest
Atlantic migratory group Spanish
mackerel by gillnet and king mackerel
in the Florida east coast subzone. On
June 20, 2013, the U.S. Small Business
Administration (SBA) issued a final rule
revising the small business size
standards for several industries effective
July 22, 2013 (78 FR 37398). That rule
increased the size standard for
commercial finfish harvesters from $4.0
million to $19.0 million in annual
receipts. The average ex-vessel revenue
from Spanish mackerel harvested from
Federal waters is estimated to be
$31,000, which is substantially less than
the $19 million SBA size standard.
Consequently, all of the businesses that
hold at least one of the 1,736
commercial vessel permits for Spanish
mackerel (as of November 5, 2013) are
presumed to be small businesses. The
average ex-vessel revenue from king
mackerel harvested in Federal waters is
estimated to be $35,000. Therefore, it is
presumed that all of the businesses that
hold at least one of the 1,658 valid and
renewable/transferrable king mackerel
permits (a commercial vessel permit for
king mackerel plus a commercial king
mackerel gillnet permits as of
September 30, 2013) are small
businesses.
This rule would end the prohibition
on transfers of Spanish mackerel by
gillnet in the EEZ. Presently, if a vessel
catches a quantity of Spanish mackerel
in gillnets in the EEZ that exceeds the
trip limit, the excess catch cannot be
transferred to another vessel. Instead the
excess catch has to be discarded back
into the water, although many to most
of the Spanish mackerel are dead. If
implemented, the proposed rule would
allow that transfer under certain
conditions and would require the
operator(s) of the two vessels engaged in
a transfer to report the transfer by
telephone to the NOAA Office of Law
Enforcement in Port Orange, Florida,
prior to the transfer. Any transfer would
be voluntary, and a small business
would participate in a transfer if it has
a net economic benefit, and would not,
if it has a net economic cost. It is
unknown how many small businesses
may participate in a transfer; however,
the ability to transfer could generate a
net economic benefit to small
businesses.
NMFS considered one alternative, the
no action alternative, to the proposed
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15295
action of eliminating the prohibition on
the transfer of Spanish mackerel by
gillnet. The status quo alternative was
rejected because it would not provide
the potential economic benefit to small
businesses as described above.
This rule would also change the
commercial trip limit for king mackerel
in the Florida east coast subzone, which
could act to increase the length of the
open fishing season. The proposed
modified trip limit could potentially
decrease the rate of landings in January,
February and March; increase the
average length of the open fishing
season; reduce total landings for the
season, and increase ex-vessel revenues
from higher landings during the Lenten
season. The magnitudes of these
potential economic benefits and costs
are unknown.
NMFS considered one status quo
alternative and two non-status quo
alternatives to the proposed action to
modify the trip limit for king mackerel
in the Florida east coast subzone. The
status quo commercial trip limit is 50
fish from November 1 through January
31 each year; and then, beginning on
February 1 and continuing through
March 31, if 75 percent or more of the
Gulf group Florida east coast subzone
quota has been taken by January 31, the
trip limit remains 50 fish. However, if
less than 75 percent of the quota has
been taken by January 31, the trip limit
increases to 75 fish. The first of the
rejected non-status quo alternatives
would fix the trip limit to 50 fish for the
entire fishing season. The adverse
impact of this alternative is that it
would not provide the flexibility to
allow small businesses to increase
landings of king mackerel when demand
is greater during the Lenten season. The
second of the non-status quo
alternatives would fix the trip limit to
75 fish. This second alternative would
likely reduce landings of king mackerel
and associated dockside revenues when
demand is greater during the religious
Lenten season because its fixed trip
limit of 75 fish would likely result in
earlier closures, potentially before or at
the beginning of the period of
heightened demand. The status quo
alternative would maintain the current
trip limits and could result in an open
fishing season that closes before the
season of greater demand ends.
Finally, this rule also removes
language in the codified text regarding
prevention of gear conflicts between
hook-and-line and gillnet vessels in the
South Atlantic EEZ. This change
corrects an inadvertent error in the text,
as discussed in the preamble. The
regulation contained in § 622.387 was
necessary before separate quotas, trip
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limits, and gillnet permits were
implemented for the harvest of king
mackerel off Florida. Since
implementation of those management
measures, the impact and relevance of
§ 622.387 have been zero. Consequently,
its removal would have no impact on
small businesses.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gillnet, Mackerel,
Reporting and recordkeeping
requirements, South Atlantic, Trip
limits.
Dated: March 13, 2014.
Eileen Sobeck,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622 is proposed
to be amended as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
1. The authority citation for part 622
continues to read as follows:
addition, to complete a legal transfer at
sea, all of the following must apply:
(A) All fish exceeding the applicable
commercial trip limit may not be
removed from the gillnet until the
transfer is complete (i.e., the gillnet is
onboard the receiving vessel). The fish
transferred to the receiving vessel may
not exceed the applicable commercial
trip limit.
(B) The receiving vessel may possess
no more than three gillnets on board
after the transfer is complete.
(C) Prior to cutting the gillnet and
prior to any transfer of Spanish
mackerel from one vessel to another, the
owner or operator of both vessels must
contact NMFS Office for Law
Enforcement, Port Orange, Florida,
phone: 1–386–492–6686.
DEPARTMENT OF COMMERCE
3. In § 622.385, the third sentence in
the introductory text and paragraphs
(a)(2)(i)(A) and (B) are revised to read as
follows:
SUMMARY:
■
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§ 622.385
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.377, paragraph (b)(2)(iii) is
revised and paragraph (b)(2)(vi) is added
to read as follows:
■
§ 622.377
Gillnet restrictions.
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(b) * * *
(2) * * *
(iii) No more than two gillnets,
including any net in use, may be
possessed at any one time, except for a
vessel with a valid commercial vessel
permit for Spanish mackerel engaged in
a transfer as specified in paragraph
(b)(2)(vi) of this section. If two gillnets,
including any net in use, are possessed
at any one time, they must have
stretched mesh sizes (as allowed under
the regulations) that differ by at least .25
inch (.64 cm), except for a vessel with
a valid commercial vessel permit for
Spanish mackerel engaged in a transfer
as specified in paragraph (b)(2)(vi) of
this section, in which case the vessel
may possess two gillnets of the same
mesh size provided that one of the nets
is transferred to that vessel.
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(vi) A portion of a gillnet may be
transferred at sea only in the EEZ and
only from a vessel with a valid
commercial vessel permit for Spanish
mackerel that has exceeded a trip limit
specified in § 622.385 (b) to another
vessel with a valid commercial vessel
permit for Spanish mackerel that has
not yet reached the trip limit (the
receiving vessel). Only one such transfer
is allowed per vessel per day. In
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Commercial trip limits.
* * * Except for Atlantic migratory
group Spanish mackerel harvested by
gillnet, as specified in § 622.377
(b)(2)(vi), a species subject to a trip limit
specified in this section taken in the
EEZ may not be transferred at sea,
regardless of where such transfer takes
place, and such species may not be
transferred in the EEZ. * * *
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(a) * * *
(2) * * *
(i) * * *
(A) From November 1 through the end
of February—not to exceed 50 fish.
(B) Beginning on March 1 and
continuing through March 31—
(1) If 70 percent or more of the Florida
east coast subzone quota as specified in
§ 622.384(b)(1)(i)(A) has been taken—
not to exceed 50 fish.
(2) If less than 70 percent of the
Florida east coast subzone quota as
specified in § 622.384(b)(1)(i)(A) has
been taken—not to exceed 75 fish.
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§ 622.387
■
[Removed and Reserved]
4. Remove and reserve § 622.387.
[FR Doc. 2014–06062 Filed 3–18–14; 8:45 am]
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National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 130405338–4201–01]
RIN 0648–BC84
Fisheries off West Coast States;
Pacific Coast Groundfish Fishery
Management Plan; Trawl
Rationalization Program; Chafing Gear
Modifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
The proposed action modifies
the existing chafing gear regulations for
midwater trawl gear. This action
includes regulations that affect all trawl
sectors (Shorebased Individual Fishing
Quota Program, Mothership Cooperative
Program, Catcher/Processor Cooperative
Program, and tribal fishery) managed
under the Pacific Coast Groundfish
Fishery Management Plan (PCGFMP).
DATES: Comments on this proposed rule
must be received no later than 5 p.m.,
local time on April 18, 2014. During the
comment period, NMFS is specifically
seeking comments on the proposed
method of attachment for chafing gear,
including the benefits and effects
relative to current minimum mesh size
restrictions and prohibition on double
walled codends.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2012–0218, by any of the
following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20120218, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Fax: 206–526–6736; Attn: Becky
Renko.
• Mail: William W. Stelle, Jr.,
Regional Administrator, West Coast
Region, NMFS, 7600 Sand Point Way
NE., Seattle, WA 98115–0070; Attn:
Becky Renko.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
E:\FR\FM\19MRP1.SGM
19MRP1
]]>Agencies
[Federal Register Volume 79, Number 53 (Wednesday, March 19, 2014)]
[Proposed Rules]
[Pages 15293-15296]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06062]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 130805680-4200-01]
RIN 0648-BD58
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic
Region; Framework Action
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes to implement management measures described in a
framework action to the Fishery Management Plan for the Coastal
Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region
(FMP) (Framework Action), as prepared and submitted by the South
Atlantic and Gulf of Mexico Fishery Management Councils (Councils). If
implemented, this rule would allow transfer of Atlantic migratory group
Spanish mackerel caught in excess of the trip limit with gillnet gear
from one vessel with a Federal Spanish mackerel commercial permit to
another vessel with a Federal Spanish mackerel commercial permit that
has not yet harvested the trip limit; allow the receiving vessel
involved in a Spanish mackerel transfer-at-sea to have three gillnets
onboard instead of two; and modify the commercial trip limits for king
mackerel in the Florida east coast subzone. This rule also proposes an
administrative change to correct an inadvertent error in a prior
rulemaking unrelated to this Framework Action. The purpose of this rule
is to modify the restrictions on transfer-at-sea and gillnet allowances
for Atlantic migratory group Spanish mackerel to minimize dead discards
of Spanish mackerel and modify the king mackerel trip limit in the
Florida east coast subzone to optimize utilization of the resource.
DATES: Written comments must be received on or before April 18, 2014.
ADDRESSES: You may submit comments on the proposed rule, identified by
``NOAA-NMFS-2013-0162'' by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/
[[Page 15294]]
!docketDetail;D=NOAA-NMFS-2013-0162, click the ``Comment
Now!'' icon, complete the required fields, and enter or attach your
comments.
Mail: Submit written comments to Kate Michie, Southeast
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
Electronic copies of the Framework Action, which includes an
environmental assessment, an initial regulatory flexibility analysis
(IRFA) and a regulatory impact review, may be obtained from the
Southeast Regional Office Web site at https://sero.nmfs.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Kate Michie, telephone: 727-824-5305,
or email: kate.michie@noaa.gov.
SUPPLEMENTARY INFORMATION: The coastal migratory pelagic (CMP) fishery
of the South Atlantic and the Gulf of Mexico (Gulf) is managed under
the FMP. The FMP was prepared by the Councils and implemented through
regulations at 50 CFR part 622 under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
Background
The Magnuson-Stevens Act requires that NMFS and regional fishery
management councils prevent overfishing and achieve, on a continuing
basis, the optimum yield from federally managed fish stocks. These
mandates are intended to ensure that fishery resources are managed for
the greatest overall benefit to the nation, particularly with respect
to providing food production and recreational opportunities, and
protecting marine ecosystems. To further this goal, the Magnuson-
Stevens Act requires fishery managers to minimize bycatch and bycatch
mortality to the extent practicable.
Management Measures Contained in This Proposed Rule
This rulemaking would allow transfer-at-sea of Spanish mackerel in
gillnets between vessels with Federal Spanish mackerel commercial
permits that are using gillnet gear and allow vessels engaged in this
transfer activity to have three gillnets onboard. This rulemaking would
also modify the Atlantic king mackerel Florida east coast subzone trip
limit so that during March 1 through March 31, if 70 percent or more of
the quota has been harvested, the trip limit would remain at 50 fish
per vessel per trip; however, if less than 70 percent of the quota has
been harvested during that time, the trip limit would increase to 75
fish per vessel per trip until March 31. The purpose of this rulemaking
is to modify the restrictions on transfer-at-sea and gillnet allowances
for Atlantic migratory group Spanish mackerel to minimize dead discards
of Spanish mackerel and modify the king mackerel trip limit in the
Florida east coast subzone to optimize utilization of the resource.
Transfer-at-Sea and Gillnet Gear Restriction Modifications
Currently in the South Atlantic, transfer-at-sea of harvested fish
is prohibited for any species under a commercial trip limit, and only
two gillnets are allowed on a federally permitted Spanish mackerel
vessel at one time. In some instances, the Spanish mackerel trip limit
may be exceeded with just one gillnet set, and the excess fish must be
discarded. Many Spanish mackerel caught in gillnet gear die due to
trauma experienced during capture. This proposed rule would allow a
portion of a gillnet and the Spanish mackerel within the gillnet to be
transferred from a federally permitted Spanish mackerel vessel that has
reached the Spanish mackerel trip limit to another federally permitted
Spanish mackerel vessel that has not yet reached the trip limit.
Allowing transfer of Spanish mackerel in gillnets between vessels with
Federal Spanish mackerel commercial permits that are using gillnet gear
may reduce dead discards and minimize waste.
The transfer-at-sea of harvested fish would only be allowed if all
the following conditions are met: (1) The owner or operator of both
vessels involved in the transfer must report the transfer by telephone
to the NOAA Office of Law Enforcement in Port Orange, Florida, prior to
the transfer; (2) harvesting gear must be allowable gillnet gear, as
specified in Sec. 622.377(b); (3) transfer can only take place in
Federal waters between two vessels with valid commercial permits for
Spanish mackerel; (4) the receiving vessel must possess no more than
three gillnets after the transfer is completed; (5) all Spanish
mackerel exceeding the applicable daily vessel limit shall remain in
the gillnet until transferred; (6) the quantity of Spanish mackerel
transferred to any single vessel shall not exceed the applicable daily
trip limit; and (7) transfers of Spanish mackerel may only occur once
per vessel per trip.
Currently, only two gillnets with different mesh sizes are allowed
to be possessed and used on federally permitted Spanish mackerel
vessels. This proposed rule would also modify the two gillnet
possession restriction in order to account for the portion of a third
net that would be present onboard a vessel that receives Spanish
mackerel transferred at sea. Only vessels engaged in this transfer
activity would be allowed to have three gillnets onboard.
Atlantic King Mackerel Trip Limit Modification in the Florida East
Coast Subzone
This proposed rule would modify the commercial trip limits for
Atlantic king mackerel in the Florida east coast subzone, which, from
November 1 through March 31, is located in the area south of 29[deg]25'
N. lat. (a line directly east from the Flagler/Volusia County, Florida,
boundary) and north of 25[deg]20.4' N. lat. (a line directly east from
the Miami-Dade/Monroe County, Florida, boundary). The current system of
trip limits allows for an increase in the rate of landings, which at
times can cause the commercial sector to close before the religious
Lenten season ends, when demand for fish is typically substantially
greater.
This rule proposes to extend the period of time the current 50-fish
trip limit is in place each year from November through January to
November through February. The rule also proposes to lower the
threshold harvest level from 75 percent of the quota to 70 percent of
the quota to determine whether or not the trip limit would increase
during the month of March. Therefore, if implemented, during March 1
through March 31, if 70 percent or more of the quota has been
harvested, the trip limit would remain at 50 fish per vessel per trip;
however, if less than 70 percent of the quota has been harvested, the
trip limit would increase to 75 fish per vessel per trip until March
31. From April 1 through October 31, the Florida east coast subzone is
no longer part of the Gulf migratory group king mackerel area; it is
part of the Atlantic migratory group king mackerel
[[Page 15295]]
area. Therefore, during this period, the provisions proposed in this
rule would not apply. The trip limit modifications proposed through
this rule are expected to help minimize lost fishing opportunities and
optimize revenues of the coastal migratory pelagics fishery.
Additional Changes Contained in This Proposed Rule
Drift gillnets for all coastal migratory pelagic species and run-
around gillnets for king mackerel were prohibited in the South Atlantic
exclusive economic zone (EEZ) through the final rule implementing
Amendment 3 to the FMP (54 FR 29561, July 13, 1989). However, the
regulations currently at Sec. 622.387, which address prevention of
gear conflicts between hook-and-line and gillnet vessels in the South
Atlantic EEZ, were inadvertently not removed at the time when the final
rule for Amendment 3 was implemented. This rule proposes to correct
this mistake by removing the regulations at Sec. 622.387. This
revision is unrelated to the Framework Action.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
Assistant Administrator has determined that this proposed rule is
consistent with the Framework Action, the FMP, the Magnuson-Stevens Act
and other applicable law, subject to further consideration after public
comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
NMFS prepared an IRFA for this rule, as required by section 603 of
the Regulatory Flexibility Act, 5 U.S.C. 603. The IRFA describes the
economic impact that this proposed rule, if implemented, would have on
small entities. A description of the action, why it is being
considered, and the objectives of and legal basis for this action are
contained in the preamble. A copy of the full analysis is available
from the NMFS (see ADDRESSES). A summary of the IRFA follows.
The purpose of this rulemaking is twofold: (1) To eliminate the
current prohibition on the transfer of Spanish mackerel by gillnet and
(2) to modify trip limits for king mackerel that may extend the length
of the open fishing season. This rule proposes to eliminate the current
prohibition on the transfer of Spanish mackerel by gillnet to reduce
dead discards and minimize waste. This proposed rule would modify trip
limits for king mackerel to extend the length of the open fishing
season, especially into the Lenten season when market demand is
greater. The Magnuson-Stevens Act provides the statutory basis for
these two proposed actions.
No duplicative, overlapping, or conflicting Federal rules have been
identified.
The rule would apply directly to businesses in the finfish fishing
industry (NAICS 114111) that harvest Atlantic migratory group Spanish
mackerel by gillnet and king mackerel in the Florida east coast
subzone. On June 20, 2013, the U.S. Small Business Administration (SBA)
issued a final rule revising the small business size standards for
several industries effective July 22, 2013 (78 FR 37398). That rule
increased the size standard for commercial finfish harvesters from $4.0
million to $19.0 million in annual receipts. The average ex-vessel
revenue from Spanish mackerel harvested from Federal waters is
estimated to be $31,000, which is substantially less than the $19
million SBA size standard. Consequently, all of the businesses that
hold at least one of the 1,736 commercial vessel permits for Spanish
mackerel (as of November 5, 2013) are presumed to be small businesses.
The average ex-vessel revenue from king mackerel harvested in Federal
waters is estimated to be $35,000. Therefore, it is presumed that all
of the businesses that hold at least one of the 1,658 valid and
renewable/transferrable king mackerel permits (a commercial vessel
permit for king mackerel plus a commercial king mackerel gillnet
permits as of September 30, 2013) are small businesses.
This rule would end the prohibition on transfers of Spanish
mackerel by gillnet in the EEZ. Presently, if a vessel catches a
quantity of Spanish mackerel in gillnets in the EEZ that exceeds the
trip limit, the excess catch cannot be transferred to another vessel.
Instead the excess catch has to be discarded back into the water,
although many to most of the Spanish mackerel are dead. If implemented,
the proposed rule would allow that transfer under certain conditions
and would require the operator(s) of the two vessels engaged in a
transfer to report the transfer by telephone to the NOAA Office of Law
Enforcement in Port Orange, Florida, prior to the transfer. Any
transfer would be voluntary, and a small business would participate in
a transfer if it has a net economic benefit, and would not, if it has a
net economic cost. It is unknown how many small businesses may
participate in a transfer; however, the ability to transfer could
generate a net economic benefit to small businesses.
NMFS considered one alternative, the no action alternative, to the
proposed action of eliminating the prohibition on the transfer of
Spanish mackerel by gillnet. The status quo alternative was rejected
because it would not provide the potential economic benefit to small
businesses as described above.
This rule would also change the commercial trip limit for king
mackerel in the Florida east coast subzone, which could act to increase
the length of the open fishing season. The proposed modified trip limit
could potentially decrease the rate of landings in January, February
and March; increase the average length of the open fishing season;
reduce total landings for the season, and increase ex-vessel revenues
from higher landings during the Lenten season. The magnitudes of these
potential economic benefits and costs are unknown.
NMFS considered one status quo alternative and two non-status quo
alternatives to the proposed action to modify the trip limit for king
mackerel in the Florida east coast subzone. The status quo commercial
trip limit is 50 fish from November 1 through January 31 each year; and
then, beginning on February 1 and continuing through March 31, if 75
percent or more of the Gulf group Florida east coast subzone quota has
been taken by January 31, the trip limit remains 50 fish. However, if
less than 75 percent of the quota has been taken by January 31, the
trip limit increases to 75 fish. The first of the rejected non-status
quo alternatives would fix the trip limit to 50 fish for the entire
fishing season. The adverse impact of this alternative is that it would
not provide the flexibility to allow small businesses to increase
landings of king mackerel when demand is greater during the Lenten
season. The second of the non-status quo alternatives would fix the
trip limit to 75 fish. This second alternative would likely reduce
landings of king mackerel and associated dockside revenues when demand
is greater during the religious Lenten season because its fixed trip
limit of 75 fish would likely result in earlier closures, potentially
before or at the beginning of the period of heightened demand. The
status quo alternative would maintain the current trip limits and could
result in an open fishing season that closes before the season of
greater demand ends.
Finally, this rule also removes language in the codified text
regarding prevention of gear conflicts between hook-and-line and
gillnet vessels in the South Atlantic EEZ. This change corrects an
inadvertent error in the text, as discussed in the preamble. The
regulation contained in Sec. 622.387 was necessary before separate
quotas, trip
[[Page 15296]]
limits, and gillnet permits were implemented for the harvest of king
mackerel off Florida. Since implementation of those management
measures, the impact and relevance of Sec. 622.387 have been zero.
Consequently, its removal would have no impact on small businesses.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gillnet, Mackerel, Reporting and recordkeeping
requirements, South Atlantic, Trip limits.
Dated: March 13, 2014.
Eileen Sobeck,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 622 is
proposed to be amended as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.377, paragraph (b)(2)(iii) is revised and paragraph
(b)(2)(vi) is added to read as follows:
Sec. 622.377 Gillnet restrictions.
* * * * *
(b) * * *
(2) * * *
(iii) No more than two gillnets, including any net in use, may be
possessed at any one time, except for a vessel with a valid commercial
vessel permit for Spanish mackerel engaged in a transfer as specified
in paragraph (b)(2)(vi) of this section. If two gillnets, including any
net in use, are possessed at any one time, they must have stretched
mesh sizes (as allowed under the regulations) that differ by at least
.25 inch (.64 cm), except for a vessel with a valid commercial vessel
permit for Spanish mackerel engaged in a transfer as specified in
paragraph (b)(2)(vi) of this section, in which case the vessel may
possess two gillnets of the same mesh size provided that one of the
nets is transferred to that vessel.
* * * * *
(vi) A portion of a gillnet may be transferred at sea only in the
EEZ and only from a vessel with a valid commercial vessel permit for
Spanish mackerel that has exceeded a trip limit specified in Sec.
622.385 (b) to another vessel with a valid commercial vessel permit for
Spanish mackerel that has not yet reached the trip limit (the receiving
vessel). Only one such transfer is allowed per vessel per day. In
addition, to complete a legal transfer at sea, all of the following
must apply:
(A) All fish exceeding the applicable commercial trip limit may not
be removed from the gillnet until the transfer is complete (i.e., the
gillnet is onboard the receiving vessel). The fish transferred to the
receiving vessel may not exceed the applicable commercial trip limit.
(B) The receiving vessel may possess no more than three gillnets on
board after the transfer is complete.
(C) Prior to cutting the gillnet and prior to any transfer of
Spanish mackerel from one vessel to another, the owner or operator of
both vessels must contact NMFS Office for Law Enforcement, Port Orange,
Florida, phone: 1-386-492-6686.
0
3. In Sec. 622.385, the third sentence in the introductory text and
paragraphs (a)(2)(i)(A) and (B) are revised to read as follows:
Sec. 622.385 Commercial trip limits.
* * * Except for Atlantic migratory group Spanish mackerel
harvested by gillnet, as specified in Sec. 622.377 (b)(2)(vi), a
species subject to a trip limit specified in this section taken in the
EEZ may not be transferred at sea, regardless of where such transfer
takes place, and such species may not be transferred in the EEZ. * * *
* * * * *
(a) * * *
(2) * * *
(i) * * *
(A) From November 1 through the end of February--not to exceed 50
fish.
(B) Beginning on March 1 and continuing through March 31--
(1) If 70 percent or more of the Florida east coast subzone quota
as specified in Sec. 622.384(b)(1)(i)(A) has been taken--not to exceed
50 fish.
(2) If less than 70 percent of the Florida east coast subzone quota
as specified in Sec. 622.384(b)(1)(i)(A) has been taken--not to exceed
75 fish.
* * * * *
Sec. 622.387 [Removed and Reserved]
0
4. Remove and reserve Sec. 622.387.
[FR Doc. 2014-06062 Filed 3-18-14; 8:45 am]
BILLING CODE 3510-22-P
