Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region; Framework Amendment 1, 69058-69060 [2014-27374]
Download as PDF
<![CDATA[
69058
Federal Register / Vol. 79, No. 224 / Thursday, November 20, 2014 / Rules and Regulations
FEDERAL COMMUNICATIONS
COMMISSION
Congressional Review Act, see U.S.C.
801(a)(1)(A).
47 CFR Part 73
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
[DA 13–1603; MB Docket No. 13–23; RM–
11690]
Radio Broadcasting Services; Pearsall,
Texas
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
The Audio Division, at the
request of Bryan King (‘‘petitioner’’),
deletes FM Channel 227A and allots FM
Channel 277A at Pearsall, Texas.
Channel 277A can be allotted at
Pearsall, consistent with the minimum
distance separation requirements of the
Commission’s rules, at coordinates 28–
56–40 NL and 99–11–44 WL, with a site
restriction of 11.4 km (7.1 miles)
northwest of the community. The
Government of Mexico has concurred
with the allotment of Channel 277A at
Pearsall, which is located within 320
kilometers (199 miles) of the U.S.Mexican border. See Supplementary
Information infra.
DATES: Effective November 20, 2014,
and applicable September 2, 2013.
FOR FURTHER INFORMATION CONTACT:
Deborah Dupont, Media Bureau, (202)
418–2180.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Report
and Order, MB Docket No. 13–23,
adopted July 18, 2013, and released July
19, 2013. The full text of this
Commission decision is available for
inspection and copying during normal
business hours in the FCC Information
Center, Portals II, 445 12th Street, SW.,
Room CY–A257, Washington, DC 20554.
The complete text of this decision also
may be purchased from the
Commission’s duplicating contractor,
Best Copy and Printing, Inc., 445 12th
Street SW., Room CY–B402,
Washington, DC, 20554, (800) 378–3160,
or via the company’s Web site,
www.bcpiweb.com. This document does
not contain information collection
requirements subject to the Paperwork
Reduction Act of 1995, Public Law 104–
13. In addition, therefore, it does not
contain any information collection
burden ‘‘for small business concerns
with fewer than 25 employees,’’
pursuant to the Small Business
Paperwork Relief Act of 2002, Public
Law 107–198, see 44 U.S.C. 3506(c)(4).
The Commission will send a copy of
this Report and Order in a report to be
sent to Congress and the Government
Accountability Office pursuant to the
rmajette on DSK2VPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
13:14 Nov 19, 2014
Jkt 235001
Federal Communications Commission.
Nazifa Sawez,
Assistant Chief, Audio Division, Media
Bureau.
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR Part 73 as
follows:
catch target (ACT) for Atlantic migratory
group Spanish mackerel, based on the
results of the most recent stock
assessments for these stocks. Framework
Amendment 1 also specifies the
optimum yield and acceptable
biological catch (ABC) estimates for
Atlantic and Gulf migratory groups of
Spanish mackerel. The purpose of this
rule is to update ACLs based on the best
scientific information available and to
ensure overfishing does not occur for
the Spanish mackerel resources in the
Atlantic and Gulf.
PART 73—RADIO BROADCAST
SERVICES
DATES:
1. The authority citation for part 73
continues to read as follows:
ADDRESSES:
■
Authority: 47 U.S.C. 154, 303, 334, 336 and
339.
§ 73.202
[Amended]
2. Section 73.202(b), the Table of FM
Allotments under Texas, is amended by
removing Channel 227A at Pearsall; and
by adding Channel 277A at Pearsall.
■
[FR Doc. 2014–27536 Filed 11–19–14; 8:45 am]
BILLING CODE 6712–01–P
This rule is effective December
22, 2014.
Electronic copies of the
Framework Amendment, which
includes an environmental assessment,
a regulatory flexibility act analysis 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:
Karla Gore, telephone: 727–824–5305,
or email: karla.gore@noaa.gov.
The CMP
fishery of the South Atlantic and the
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).
On July 31, 2014, NMFS published a
proposed rule for Framework
Amendment 1 and requested public
comment (79 FR 44369). The proposed
rule and Framework Amendment 1
outline the rationale for the actions
contained in this final rule. A summary
of the actions implemented by this final
rule is provided below.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 140722613–4908–02]
RIN 0648–BE31
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Coastal
Migratory Pelagic Resources in the
Gulf of Mexico and Atlantic Region;
Framework Amendment 1
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues this final rule to
implement management measures
described in a framework amendment to
the Fishery Management Plan for the
Coastal Migratory Pelagic (CMP)
Resources in the Gulf of Mexico and
Atlantic Region (FMP) (Framework
Amendment 1), as prepared and
submitted by the South Atlantic and
Gulf of Mexico Fishery Management
Councils (Councils). This rule modifies
the annual catch limits (ACLs) for
Atlantic and Gulf of Mexico (Gulf)
migratory groups of Spanish mackerel
and modifies the recreational annual
SUMMARY:
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
Management Measures Contained in
This Final Rule
This final rule revises the stock ACLs
for Atlantic and Gulf migratory groups
of Spanish mackerel, based on the
results of the most recent assessments
and the ABC recommendations by the
Councils’ Scientific and Statistical
Committees (SSCs). Additionally, this
final rule revises the commercial and
recreational ACLs (based on previously
determined sector allocations), the
recreational ACT, and the adjusted
commercial quota for Atlantic migratory
group Spanish mackerel, based on the
revised commercial ACL (commercial
quota).
E:\FR\FM\20NOR1.SGM
20NOR1
Federal Register / Vol. 79, No. 224 / Thursday, November 20, 2014 / Rules and Regulations
(whole weight) and eviscerated weight
(gutted weight).
Revise Commercial and Recreational
ACLs, and Recreational ACT for
Atlantic Migratory Group Spanish
Mackerel
This final rule revises the stock ACL
for Atlantic Migratory group Spanish
mackerel to 6.063 million lb (2.750
million kg) and allocates the revised
ACL based on the previously
determined allocation distribution of 55
percent to the commercial sector and 45
percent to the recreational sector.
Therefore, this final rule increases the
commercial ACL (equal to the
commercial quota) for Atlantic
migratory group Spanish mackerel to
3.33 million lb (1.51 million kg) and the
recreational ACL to 2.727 million lb
(1.236 million kg). The recreational ACT
increases to 2.364 million lb (1.072
million kg).
Revise Adjusted Quota for Atlantic
Migratory Group Spanish Mackerel
This final rule revises the adjusted
commercial quota for Atlantic migratory
group Spanish mackerel from 2.88
million (1.31 million kg) to 3.08 million
lb (1.40 million kg), based on the
increase of the commercial ACL
(commercial quota) for Atlantic
migratory group Spanish mackerel. The
adjusted quota is the quota for Atlantic
migratory group Spanish mackerel
reduced by an amount calculated to
allow continued harvests of Atlantic
migratory group Spanish mackerel at the
rate of 500 lb (227 kg) per vessel per day
for the remainder of the fishing year
after the adjusted quota is reached. Total
commercial harvest is still subject to the
ACL and an in-season closure when
landings are projected to reach the ACL.
Revise Stock ACL for Gulf Migratory
Group Spanish Mackerel
This final rule increases the stock
ACL for Gulf migratory group Spanish
mackerel to 12.7 million lb (5.76 million
kg) for the 2014–2015 fishing year, 11.8
million lb (5.35 million kg) for the
2015–2016 fishing year, and 11.3
million lb (5.13 million kg) for the
2016–2017 fishing year and subsequent
fishing years.
rmajette on DSK2VPTVN1PROD with RULES
Additions to Codified Text
This final rule also includes additions
to the introductory paragraphs for the
CMP Quotas and ACLs/AMs/ACTs
sections (50 CFR 622.384 and 50 CFR
622.388) to include language that all
weights are in round and eviscerated
weight combined, unless specified
otherwise. This language is added to
clarify that the quotas, ACLs, and ACTs
are established using landings that are
documented in both round weight
VerDate Sep<11>2014
13:14 Nov 19, 2014
Jkt 235001
Comments and Responses
NMFS received a total of eight
comment letters on the proposed rule,
which include comments from a Federal
agency, private citizens, recreational
fishermen, and commercial fishermen.
The Federal agency stated it had no
comments. Two comments were
received in support of the proposed
rule. Specific comments on the
proposed rule and NMFS’ respective
responses are summarized below.
Comment 1: There is no need to
increase the harvest of Spanish
mackerel. A precautionary approach
should be used and catch should be
maintained at current levels.
Response: NMFS disagrees that catch
should be maintained at current levels.
The increased catch levels are expected
to enhance social and economic benefits
to fishermen and fishing communities
that utilize the Atlantic and Gulf
Spanish mackerel migratory groups,
while having no negative impacts on the
stocks. Based on the most recent
Southeast Data, Assessment, and
Review (SEDAR) stock assessments for
Gulf and Atlantic Spanish mackerel the
Councils’ SSCs determined that the
catch levels for Atlantic and Gulf
Spanish mackerel could be increased
without negatively impacting the stocks.
The stock assessment results indicated
that the stocks are healthy and the SSCs
established a buffer between the ABCs
and the overfishing levels to account for
scientific uncertainty. The Southeast
Fisheries Science Center concluded that
the increased ABCs and ACLs for
Atlantic and Gulf migratory groups of
Spanish mackerel are based upon the
best scientific information available.
Comment 2: Increasing the harvest of
Spanish mackerel could result in an
increase in bycatch of ladyfish, bluefish,
and other species in the northern Gulf.
Response: NMFS disagrees that
increasing catch levels for the Atlantic
and Gulf migratory groups of Spanish
mackerel will result in increased
bycatch. A bycatch practicability
analysis was included in Framework
Amendment 1 and indicates that the
Spanish mackerel portion of the CMP
fishery has relatively low levels of
bycatch. The analysis concludes that
these low levels of bycatch are not
expected to change as a result of
implementation of the amendment.
Comment 3: The recreational sector
allocation for Atlantic migratory group
Spanish mackerel should be set equal to
the commercial sector allocation.
Response: Framework Amendment 1
and this final rule do not address the
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
69059
sector allocations for Atlantic migratory
group Spanish mackerel that were
established in 1999 (64 FR 45457) and
this comment is therefore beyond the
scope of this rule.
Comment 4: One comment states that
the recreational bag limit for Atlantic
migratory group Spanish mackerel
should not be increased from 10 fish per
person per day to 15 fish per person per
day. Another comment indicates the bag
limit for Atlantic migratory group
Spanish mackerel should be reduced
from 15 fish per person per day to 10
fish per person per day.
Response: Framework Amendment 1
and this final rule do not address the
recreational bag limit for Spanish
mackerel and this comment is therefore
beyond the scope of this rule.
Comment 5: With the increase in the
ACL, the minimum size limit for Gulf
migratory group Spanish mackerel
should be increased from 12 inches
(30.5 cm) fork length (FL) to 15 inches
(38.1 cm) FL. Most of the fish caught are
larger than 15 inches (38.1 cm) total
length.
Response: Framework Amendment 1
and this final rule do not address the
minimum size limit for Gulf migratory
group Spanish mackerel and this
comment is therefore beyond the scope
of this rule.
Classification
The Regional Administrator,
Southeast Region, NMFS, has
determined that this final rule is
necessary for the conservation and
management of Atlantic and Gulf
migratory groups of Spanish mackerel
and is consistent with Framework
Amendment 1, the FMP, the MagnusonStevens Act and other applicable law.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for this
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
the certification and NMFS has not
received any new information that
would affect its determination. No
changes to the final rule were made in
response to public comments. As a
result, a regulatory flexibility analysis
was not required and none was
prepared.
E:\FR\FM\20NOR1.SGM
20NOR1
69060
Federal Register / Vol. 79, No. 224 / Thursday, November 20, 2014 / Rules and Regulations
List of Subjects in 50 CFR Part 622
Annual catch limit, Annual catch
target, Fisheries, Fishing, Gulf, Quotas,
South Atlantic, Spanish mackerel.
Dated: November 4, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622 is 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:
kg) for the 2016–2017 fishing year and
subsequent fishing years.
(d) * * *
(2) * * *
(i) * * * 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).
*
*
*
*
*
(3) The stock ACL for Atlantic
migratory group Spanish mackerel is
6.063 million lb (2.76 million kg).
*
*
*
*
*
[FR Doc. 2014–27374 Filed 11–19–14; 8:45 am]
BILLING CODE 3510–22–P
■
DEPARTMENT OF COMMERCE
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.384, a sentence is added at
the end of the introductory text and
paragraph (c)(2) is revised to read as
follows:
National Oceanic and Atmospheric
Administration
§ 622.384
[Docket No. 120814338–2711–02]
■
Quotas.
* * * All weights are in round and
eviscerated weight combined, unless
specified otherwise.
*
*
*
*
*
(c) * * *
(2) Atlantic migratory group. The
commercial quota for the Atlantic
migratory group of Spanish mackerel is
3.33 million lb (1.51 million kg).
*
*
*
*
*
■ 3. In § 622.385, the first sentence in
paragraph (b)(2) is revised to read as
follows:
§ 622.385
Commercial trip limits.
*
*
*
*
*
(b) * * *
(2) For the purpose of paragraph
(b)(1)(ii) of this section, the adjusted
quota is 3.08 million lb (1.40 million
kg). * * *
*
*
*
*
*
■ 4. In § 622.388, introductory text is
added and paragraphs (c)(3), (d)(3), and
the last two sentences of paragraph
(d)(2)(i) are revised to read as follows:
rmajette on DSK2VPTVN1PROD with RULES
§ 622.388 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
All weights are in round and
eviscerated weight combined, unless
specified otherwise.
*
*
*
*
*
(c) * * *
(3) The stock ACL for Gulf migratory
group Spanish mackerel is 12.7 million
lb (5.76 million kg) for the 2014–2015
fishing year, 11.8 million lb (5.35
million kg) for the 2015–2016 fishing
year, and 11.3 million lb (5.13 million
VerDate Sep<11>2014
13:14 Nov 19, 2014
Jkt 235001
50 CFR Part 660
RIN 0648–BE64
Magnuson-Stevens Act Provisions;
Fisheries off West Coast States;
Biennial Specifications and
Management Measures; Inseason
Adjustments
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; inseason adjustments
to biennial groundfish management
measures.
AGENCY:
This final rule announces
inseason changes to management
measures in the Pacific Coast groundfish
fisheries. This action, which is
authorized by the Pacific Coast
Groundfish Fishery Management Plan
(PCGFMP), is intended to allow
fisheries to access more abundant
groundfish stocks while protecting
overfished and depleted stocks.
DATES: Effective 0001 hours (local time)
November 20, 2014.
FOR FURTHER INFORMATION CONTACT:
Gretchen Hanshew (West Coast Region,
NMFS), phone: 206–526–6147, fax: 206–
526–6736, gretchen.hanshew@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Electronic Access
This final rule is accessible via the
Internet at the Office of the Federal
Register’s Web site at https://
www.gpo.gov/fdsys/search/home.action,
or https://federalregister.gov. Background
information and documents are
available at the Pacific Fishery
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
Management Council’s Web site at
https://www.pcouncil.org/. Copies of the
final environmental impact statement
(FEIS) for the 2013–2014 Groundfish
Specifications and Management
Measures are available from Donald
McIsaac, Executive Director, Pacific
Fishery Management Council (Council),
7700 NE Ambassador Place, Portland,
OR 97220, phone: 503–820–2280.
Background
The PCGFMP and its implementing
regulations at title 50 in the Code of
Federal Regulations (CFR), part 660,
subparts C through G, regulate fishing
for over 90 species of groundfish off the
coasts of Washington, Oregon, and
California. Groundfish specifications
and management measures are
developed by the Pacific Fishery
Management Council (Council), and are
implemented by NMFS.
On November 14, 2012, NMFS
published a proposed rule to implement
the 2013–2014 harvest specifications
and management measures for most
species of the Pacific Coast groundfish
fishery (77 FR 67974). The final rule to
implement the 2013–2014 harvest
specifications and management
measures for most species of the Pacific
Coast Groundfish Fishery was published
on January 3, 2013 (78 FR 580).
The Council, in coordination with
Pacific Coast Treaty Indian Tribes and
the States of Washington, Oregon, and
California, recommended changes to
current groundfish management
measures at its October 17, 2014
meeting. Specifically, the Council
recommended changing the amount of
darkblotched rockfish initially deducted
from the annual catch limit (ACL) to
account for mortality in the incidental
open access sector from 18.4 metric tons
(mt) to 15.4 mt. The Council also
recommended that the corresponding 3
mt of darkblotched rockfish previously
deducted from the ACL be made
available to the catcher/processor (C/P)
sector of the at-sea Pacific whiting
fishery. On November 12, 2014, NMFS
published an inseason action to
implement the Council’s recommended
changes (79 FR 67095). That rule
correctly described the action and the
intent, but contained erroneous
calculations in the footnotes to Table 2b
to subpart C. As a result of those errors,
only the 3 mt reduction of the amount
of darkblotched rockfish deducted from
the ACL to account for mortality in the
incidental open access sector was made.
The increase to the C/P allocation of
darkblotched rockfish was calculated
incorrectly. For the same reasons stated
in the November 12, 2014 rule and
summarized below, this rule
E:\FR\FM\20NOR1.SGM
20NOR1
]]>Agencies
[Federal Register Volume 79, Number 224 (Thursday, November 20, 2014)]
[Rules and Regulations]
[Pages 69058-69060]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27374]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 140722613-4908-02]
RIN 0648-BE31
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic
Region; Framework Amendment 1
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule to implement management measures
described in a framework amendment to the Fishery Management Plan for
the Coastal Migratory Pelagic (CMP) Resources in the Gulf of Mexico and
Atlantic Region (FMP) (Framework Amendment 1), as prepared and
submitted by the South Atlantic and Gulf of Mexico Fishery Management
Councils (Councils). This rule modifies the annual catch limits (ACLs)
for Atlantic and Gulf of Mexico (Gulf) migratory groups of Spanish
mackerel and modifies the recreational annual catch target (ACT) for
Atlantic migratory group Spanish mackerel, based on the results of the
most recent stock assessments for these stocks. Framework Amendment 1
also specifies the optimum yield and acceptable biological catch (ABC)
estimates for Atlantic and Gulf migratory groups of Spanish mackerel.
The purpose of this rule is to update ACLs based on the best scientific
information available and to ensure overfishing does not occur for the
Spanish mackerel resources in the Atlantic and Gulf.
DATES: This rule is effective December 22, 2014.
ADDRESSES: Electronic copies of the Framework Amendment, which includes
an environmental assessment, a regulatory flexibility act analysis 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: Karla Gore, telephone: 727-824-5305,
or email: karla.gore@noaa.gov.
SUPPLEMENTARY INFORMATION: The CMP fishery of the South Atlantic and
the 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).
On July 31, 2014, NMFS published a proposed rule for Framework
Amendment 1 and requested public comment (79 FR 44369). The proposed
rule and Framework Amendment 1 outline the rationale for the actions
contained in this final rule. A summary of the actions implemented by
this final rule is provided below.
Management Measures Contained in This Final Rule
This final rule revises the stock ACLs for Atlantic and Gulf
migratory groups of Spanish mackerel, based on the results of the most
recent assessments and the ABC recommendations by the Councils'
Scientific and Statistical Committees (SSCs). Additionally, this final
rule revises the commercial and recreational ACLs (based on previously
determined sector allocations), the recreational ACT, and the adjusted
commercial quota for Atlantic migratory group Spanish mackerel, based
on the revised commercial ACL (commercial quota).
[[Page 69059]]
Revise Commercial and Recreational ACLs, and Recreational ACT for
Atlantic Migratory Group Spanish Mackerel
This final rule revises the stock ACL for Atlantic Migratory group
Spanish mackerel to 6.063 million lb (2.750 million kg) and allocates
the revised ACL based on the previously determined allocation
distribution of 55 percent to the commercial sector and 45 percent to
the recreational sector. Therefore, this final rule increases the
commercial ACL (equal to the commercial quota) for Atlantic migratory
group Spanish mackerel to 3.33 million lb (1.51 million kg) and the
recreational ACL to 2.727 million lb (1.236 million kg). The
recreational ACT increases to 2.364 million lb (1.072 million kg).
Revise Adjusted Quota for Atlantic Migratory Group Spanish Mackerel
This final rule revises the adjusted commercial quota for Atlantic
migratory group Spanish mackerel from 2.88 million (1.31 million kg) to
3.08 million lb (1.40 million kg), based on the increase of the
commercial ACL (commercial quota) for Atlantic migratory group Spanish
mackerel. The adjusted quota is the quota for Atlantic migratory group
Spanish mackerel reduced by an amount calculated to allow continued
harvests of Atlantic migratory group Spanish mackerel at the rate of
500 lb (227 kg) per vessel per day for the remainder of the fishing
year after the adjusted quota is reached. Total commercial harvest is
still subject to the ACL and an in-season closure when landings are
projected to reach the ACL.
Revise Stock ACL for Gulf Migratory Group Spanish Mackerel
This final rule increases the stock ACL for Gulf migratory group
Spanish mackerel to 12.7 million lb (5.76 million kg) for the 2014-2015
fishing year, 11.8 million lb (5.35 million kg) for the 2015-2016
fishing year, and 11.3 million lb (5.13 million kg) for the 2016-2017
fishing year and subsequent fishing years.
Additions to Codified Text
This final rule also includes additions to the introductory
paragraphs for the CMP Quotas and ACLs/AMs/ACTs sections (50 CFR
622.384 and 50 CFR 622.388) to include language that all weights are in
round and eviscerated weight combined, unless specified otherwise. This
language is added to clarify that the quotas, ACLs, and ACTs are
established using landings that are documented in both round weight
(whole weight) and eviscerated weight (gutted weight).
Comments and Responses
NMFS received a total of eight comment letters on the proposed
rule, which include comments from a Federal agency, private citizens,
recreational fishermen, and commercial fishermen. The Federal agency
stated it had no comments. Two comments were received in support of the
proposed rule. Specific comments on the proposed rule and NMFS'
respective responses are summarized below.
Comment 1: There is no need to increase the harvest of Spanish
mackerel. A precautionary approach should be used and catch should be
maintained at current levels.
Response: NMFS disagrees that catch should be maintained at current
levels. The increased catch levels are expected to enhance social and
economic benefits to fishermen and fishing communities that utilize the
Atlantic and Gulf Spanish mackerel migratory groups, while having no
negative impacts on the stocks. Based on the most recent Southeast
Data, Assessment, and Review (SEDAR) stock assessments for Gulf and
Atlantic Spanish mackerel the Councils' SSCs determined that the catch
levels for Atlantic and Gulf Spanish mackerel could be increased
without negatively impacting the stocks. The stock assessment results
indicated that the stocks are healthy and the SSCs established a buffer
between the ABCs and the overfishing levels to account for scientific
uncertainty. The Southeast Fisheries Science Center concluded that the
increased ABCs and ACLs for Atlantic and Gulf migratory groups of
Spanish mackerel are based upon the best scientific information
available.
Comment 2: Increasing the harvest of Spanish mackerel could result
in an increase in bycatch of ladyfish, bluefish, and other species in
the northern Gulf.
Response: NMFS disagrees that increasing catch levels for the
Atlantic and Gulf migratory groups of Spanish mackerel will result in
increased bycatch. A bycatch practicability analysis was included in
Framework Amendment 1 and indicates that the Spanish mackerel portion
of the CMP fishery has relatively low levels of bycatch. The analysis
concludes that these low levels of bycatch are not expected to change
as a result of implementation of the amendment.
Comment 3: The recreational sector allocation for Atlantic
migratory group Spanish mackerel should be set equal to the commercial
sector allocation.
Response: Framework Amendment 1 and this final rule do not address
the sector allocations for Atlantic migratory group Spanish mackerel
that were established in 1999 (64 FR 45457) and this comment is
therefore beyond the scope of this rule.
Comment 4: One comment states that the recreational bag limit for
Atlantic migratory group Spanish mackerel should not be increased from
10 fish per person per day to 15 fish per person per day. Another
comment indicates the bag limit for Atlantic migratory group Spanish
mackerel should be reduced from 15 fish per person per day to 10 fish
per person per day.
Response: Framework Amendment 1 and this final rule do not address
the recreational bag limit for Spanish mackerel and this comment is
therefore beyond the scope of this rule.
Comment 5: With the increase in the ACL, the minimum size limit for
Gulf migratory group Spanish mackerel should be increased from 12
inches (30.5 cm) fork length (FL) to 15 inches (38.1 cm) FL. Most of
the fish caught are larger than 15 inches (38.1 cm) total length.
Response: Framework Amendment 1 and this final rule do not address
the minimum size limit for Gulf migratory group Spanish mackerel and
this comment is therefore beyond the scope of this rule.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
that this final rule is necessary for the conservation and management
of Atlantic and Gulf migratory groups of Spanish mackerel and is
consistent with Framework Amendment 1, the FMP, the Magnuson-Stevens
Act and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for this certification was published in the
proposed rule and is not repeated here. No comments were received
regarding the certification and NMFS has not received any new
information that would affect its determination. No changes to the
final rule were made in response to public comments. As a result, a
regulatory flexibility analysis was not required and none was prepared.
[[Page 69060]]
List of Subjects in 50 CFR Part 622
Annual catch limit, Annual catch target, Fisheries, Fishing, Gulf,
Quotas, South Atlantic, Spanish mackerel.
Dated: November 4, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is 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. 622.384, a sentence is added at the end of the introductory
text and paragraph (c)(2) is revised to read as follows:
Sec. 622.384 Quotas.
* * * All weights are in round and eviscerated weight combined,
unless specified otherwise.
* * * * *
(c) * * *
(2) Atlantic migratory group. The commercial quota for the Atlantic
migratory group of Spanish mackerel is 3.33 million lb (1.51 million
kg).
* * * * *
0
3. In Sec. 622.385, the first sentence in paragraph (b)(2) is revised
to read as follows:
Sec. 622.385 Commercial trip limits.
* * * * *
(b) * * *
(2) For the purpose of paragraph (b)(1)(ii) of this section, the
adjusted quota is 3.08 million lb (1.40 million kg). * * *
* * * * *
0
4. In Sec. 622.388, introductory text is added and paragraphs (c)(3),
(d)(3), and the last two sentences of paragraph (d)(2)(i) are revised
to read as follows:
Sec. 622.388 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
All weights are in round and eviscerated weight combined, unless
specified otherwise.
* * * * *
(c) * * *
(3) The stock ACL for Gulf migratory group Spanish mackerel is 12.7
million lb (5.76 million kg) for the 2014-2015 fishing year, 11.8
million lb (5.35 million kg) for the 2015-2016 fishing year, and 11.3
million lb (5.13 million kg) for the 2016-2017 fishing year and
subsequent fishing years.
(d) * * *
(2) * * *
(i) * * * 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).
* * * * *
(3) The stock ACL for Atlantic migratory group Spanish mackerel is
6.063 million lb (2.76 million kg).
* * * * *
[FR Doc. 2014-27374 Filed 11-19-14; 8:45 am]
BILLING CODE 3510-22-P
