Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region; Amendment 20B, 4216-4226 [2015-01442]
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Federal Register / Vol. 80, No. 17 / Tuesday, January 27, 2015 / Rules and Regulations
Use and Care of Laboratory Animals
March 2015
DEPARTMENT OF COMMERCE
(a) Use of laboratory animals. (1) Before
undertaking performance of any contract
involving the use of laboratory animals, the
contractor shall register with the Secretary of
Agriculture of the United States in
accordance with the Secretary of Agriculture
of the United States in accordance with the
Animal Welfare Act of 1966, as amended
(AWA), codified at 7 U.S.C. 2131 et seq. and
promulgated at 9 CFR parts 1–4. The
contractor shall furnish evidence of such
registration to the contracting officer.
(2) The contractor shall acquire animals
used in research and development programs
from a dealer licensed by the Secretary of
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accordance with 9 CFR 2.25–2.28. Animals
shall not be acquired from any random
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(3) The contractor may request registration
of his/her facility and a current listing of
licensed dealers from the Regional Office of
the Animal and Plant Health Inspection
Service (APHIS), USDA, for the region in
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The location of the appropriate APHIS
Regional Office as well as information
concerning this program may be obtained at
https://www.aphis.usda.gov/contact_us/.
(b) Care of laboratory animals. (1) In the
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(i) The standards and practices
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of Laboratory Animals, prepared by the
Institute of Laboratory Animal Research of
the National Research Council of the
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(ii) The Animal Welfare Regulations found
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(iii) The National Institutes of Health (NIH)
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(2) In case of conflict between standards,
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Care and Use of Laboratory Animals,
prepared by the ILAR/NRC, and/or in the
Animal Welfare Regulations found in 9 CFR
parts 1–4.
(End of clause)
[FR Doc. 2015–01166 Filed 1–26–15; 8:45 am]
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BILLING CODE 6560–50–P
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 131211999–5045–02]
RIN 0648–BD86
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Coastal
Migratory Pelagic Resources in the
Gulf of Mexico and Atlantic Region;
Amendment 20B
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues this final rule to
implement Amendment 20B to the
Fishery Management Plan for the
Coastal Migratory Pelagic Resources
(CMP) in the exclusive economic zone
(EEZ) of the Gulf of Mexico and Atlantic
Region (FMP) (Amendment 20B), as
prepared and submitted by the Gulf of
Mexico (Gulf) and South Atlantic
Fishery Management Councils
(Councils). This rule modifies Gulf
migratory group king mackerel trip
limits and fishing years, allows transit
through areas closed to king mackerel
fishing, creates zones and quotas for
Atlantic migratory group king and
Spanish mackerel, modifies the
framework procedures for the FMP,
increases annual catch limits (ACLs)
and annual catch targets (ACTs) for
cobia, and creates an east coast zone and
quotas for Gulf migratory group cobia.
In addition, this rule reorganizes the
description of CMP zones in the
regulations and clarifies that spearguns
and powerheads are allowable gear for
cobia in Federal waters of the South
Atlantic and Mid-Atlantic regions. The
purpose of this rule is to help achieve
optimum yield (OY) for the CMP fishery
while ensuring allocations are fair and
equitable and fishery resources are
utilized efficiently.
DATES: This rule is effective March 1,
2015.
SUMMARY:
Electronic copies of
Amendment 20B, 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/
sustainable_fisheries/gulf_sa/cmp/
index.html.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Susan Gerhart, telephone: 727–824–
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5305, or email: Susan.Gerhart@
noaa.gov.
SUPPLEMENTARY INFORMATION: The CMP
fishery in the Gulf and Atlantic 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 October 17, 2014, NMFS
published a notice of availability for
Amendment 20B and requested public
comment (79 FR 62410). On October 31,
2014, NMFS published a proposed rule
for Amendment 20B and requested
public comment (79 FR 64728). The
proposed rule and Amendment 20B
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
Amendment 20B and This Final Rule
Amendment 20B and this rule modify
Gulf migratory group king mackerel trip
limits and fishing years, allow transit
through areas closed to king mackerel
fishing, create zones and quotas for
Atlantic migratory group king and
Spanish mackerel, modify the
framework procedures for the FMP,
increase ACLs and ACTs for cobia, and
create an east coast zone and quotas for
Gulf migratory group cobia. The
purpose of this rule is to help achieve
OY for the CMP fishery while ensuring
allocations are fair and equitable and
fishery resources are utilized efficiently.
Gulf Migratory Group King Mackerel
Commercial Hook-and-Line Trip Limits
This final rule removes the Gulf
migratory group king mackerel hookand-line trip limit reduction for the
northern and southern subzones of the
Gulf eastern zone’s Florida west coast
subzone, to allow the harvest of 1,250 lb
(567 kg) per day until the quota for the
subzone has been met or projected to be
met and the respective subzone is
closed to king mackerel harvest.
Gulf Migratory Group Eastern Zone
Northern and Southern Subzone King
Mackerel Fishing Years
This rule changes the Florida west
coast northern subzone fishing year to
October 1 through September 30. The
fishing year for the Florida west coast
southern subzone will remain July 1
through June 30.
Transit Through Areas Closed to King
Mackerel
This rule allows a vessel with a valid
commercial vessel permit for king
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mackerel that has onboard king
mackerel harvested in an open area of
the EEZ to 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 this provision, transit means a direct
and non-stop continuous course through
the area. Fishing gear appropriately
stowed means that: (1) A gillnet must be
left on the drum (any additional gillnets
not attached to the drum must be
stowed below deck), (2) a rod and reel
must be removed from the rod holder
and stowed securely on or below deck,
(3) terminal gear (i.e., hook, leader,
sinker, flasher, or bait) must be
disconnected and stowed separately
from the rod and reel, and (4) sinkers
must be disconnected from the down
rigger and stowed separately.
Atlantic Migratory Group King and
Spanish Mackerel Zones
This rule creates northern and
southern zones for Atlantic migratory
group king and Spanish mackerel, each
with separate commercial quotas. The
boundary between the zones is a line
extending from the South Carolina/
North Carolina state line. The
commercial ACL is split between the
zones based on landings from the 2002/
2003–2011/2012 fishing years. The
northern zone allocation was calculated
using combined commercial landings
from North Carolina, Virginia,
Maryland, Delaware, Pennsylvania, New
Jersey, and New York. The southern
zone allocation was calculated using
combined commercial landings from
South Carolina, Georgia, the Florida east
coast, and Florida Keys on the Atlantic
side.
For king mackerel, applying this
formula results in an allocation of 33.3
percent for the northern zone and 66.7
percent for the southern zone. For
Spanish mackerel, the formula results in
an allocation of 19.9 percent for the
northern zone and 80.1 percent for the
southern zone. NMFS will monitor the
commercial quotas, and close Federal
waters in each zone when the respective
quota is reached or projected to be
reached. Transfer of quota between
zones is allowed through a request to
NMFS initiated by either North Carolina
(northern zone) or Florida (southern
zone). The recreational ACLs for
Atlantic migratory group king and
Spanish mackerel will remain
unchanged.
Modifications to the FMP Framework
Procedures
This rule allows modification to
certain management measures under the
standard documentation process of the
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open framework procedure. These
management measures include
acceptable biological catches (ABCs)
and ABC control rules, ACLs and ACL
control rules, and accountability
measures. This rule also modifies the
framework procedures to the FMP to
designate responsibility to each council
(Gulf or South Atlantic) for setting
specified management measures for the
migratory groups of each species in their
respective regions. Additionally, ‘‘sale
and purchase restrictions’’ and ‘‘transfer
at sea provisions’’ are removed from the
list in § 622.389.
Cobia Zones, ACLs, and ACTs
Based on the results of the most
recent stock assessment for Gulf and
South Atlantic cobia, this rule divides
Gulf migratory group cobia into a Gulf
zone (Texas through the Gulf side of the
Florida Keys) and a Florida east coast
zone (east coast of Florida and Atlantic
side of the Florida Keys, i.e., the area
within the South Atlantic Council’s
jurisdiction). The Gulf ACL is allocated
between the zones based on landings
from the 1998–2012 fishing years. The
South Atlantic Council is responsible
for regulations for the Florida east coast
zone, similar to management of the
Florida east coast subzone for king
mackerel. This rule also increases the
ACLs for both migratory groups, the
recreational ACT for the Atlantic
migratory group, and the stock ACT for
the Gulf zone.
Additional Management Measures
Contained in This Final Rule
This rule reorganizes the description
of the CMP zones and subzones and
adds § 622.369 to the codified text to
describe the zones and Appendix G to
part 622 to represent the zones in
figures. In addition, this rule clarifies
that spearguns and powerheads are
allowable gear for cobia in Federal
waters of the South Atlantic and MidAtlantic regions.
Comments and Responses
NMFS received a total of 11
submissions from the public, 3 of which
were duplicates. Within the 8 unique
submissions, some comments addressed
issues beyond the scope of the proposed
rule. NMFS identified 4 issues related to
Amendment 20B and its proposed rule.
These comments and NMFS’ respective
responses are summarized below.
Comment 1: Changing the start of the
fishing year for the Florida west coast
northern subzone to a date that is later
than the start of the fishing year for the
Gulf western zone will result in a very
short fishing season for the northern
subzone. When the western zone quota
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is filled, most of the traveling fishermen
will move over to the northern subzone
and quickly catch the small quota.
Response: NMFS disagrees that
changing the start of the fishing year for
the Florida west coast northern subzone
from July 1 to October 1 will allow the
quota for that zone to be harvested
substantially faster than occurs now.
Currently, fishermen travel from the
Atlantic coast fish in the western zone
until that quota is met, and then move
to the northern subzone and quickly
harvest that quota. Delaying the start of
the northern subzone fishing year until
October is not likely to change this
pattern unless one of two things occur,
either of which could discourage
traveling fishermen from fishing in the
northern subzone. First, the delay in the
opening of the northern subzone could
result in a period of time when both the
western zone and northern subzones are
closed. This could decrease the number
of fishers staying in the northern Gulf
waiting for the northern subzone to
open. Second, the delay in opening
could allow the fish to migrate to the
southern part of the northern subzone,
which extends down the west coast of
Florida, before the quota is met and the
subzone is closed. The traveling
fishermen do not generally follow the
fish as they migrate south, leaving these
fish available to the local fisherman in
this part of the northern subzone.
Comment 2: A strong market for king
mackerel exists in the northeastern
United States and eastern Canada
during the summer months. To take
greatest advantage of this market the
western zone and the Florida west coast
northern subzone should both open at
least by June 1, if not May 1.
Response: NMFS disagrees that
having a May 1 or June 1 opening date
would result in fishermen being able to
take advantage of a strong market during
the summer. Although niche markets
may arise, over the period 2011–2013,
the average price per pound (round
weight; NMFS Fisheries Statistics
Division) for king mackerel harvested in
the Gulf was highest in the fall
(September through December),
followed by the summer (June through
August), and the winter/spring (January
through May). Although other price
determinants may have applied, these
prices reflected the volume of king
mackerel sold, with the highest average
prices associated with the lowest
amounts of king mackerel sold, the
lowest average prices with the highest
amounts sold, etc. Average prices in
May and June have likely been high due
to the low volume of king mackerel sold
during these months and, as a result,
prices would be expected to fall if the
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start of the seasons were adjusted to
allow increased harvests during these
months.
Comment 3: The daily trip limits for
king mackerel in the Gulf should be
kept low to extend the season to at least
6 months and to increase prices. The
only reason the season is open as long
as it is now is because of the 500-lb
(227-kg) reduction once the 75-percent
level is reached. Taking away that
reduction will only shorten the season
even more. Also, currently, the season
closes before king mackerel reach the
southern part of the northern subzone in
the eastern Gulf. The king mackerel
fishermen in the southern part of the
zone may be able to catch king mackerel
once they arrive back south after the
migration if a lower trip limit is
implemented.
Response: NMFS disagrees that the
500-lb (227-kg) trip limit reduction
makes any substantial difference in the
season length and agrees with the
Council’s decision to remove this inseason reduction. The estimated
difference in the season length for the
northern subzone with and without the
trip limit reduction is only 3 days. In
addition, the trip limit reduction is
difficult to implement in a timely
manner. Regarding the permanent trip
limit, the Council did not consider any
trip limits lower than the current 1,250
lb (567 kg) for Gulf migratory grouper
king mackerel in Amendment 20B.
Although a lower trip limit could
extend the season, testimony from
fishermen indicated that the cost of fuel
versus the income from a small amount
of fish would be too high to maintain a
profit. However, as explained in the
response to Comment 2, changing the
start of the fishing year in the northern
subzone to October 1 could allow the
fish to migrate back to the south before
the season closes, providing additional
fishing opportunities for those in the
southern part of that zone.
Comment 4: One commenter noted
that the creation of northern and
southern zones for Atlantic migratory
group Spanish mackerel would include
an increased trip limit and that there
was no upper limit on pounds of
mackerel allowed.
Response: The trip limits and catch
limits for Atlantic migratory group
Spanish mackerel will not be affected by
Amendment 20B. The trip limit in both
zones will remain 3,500 lb (1,588 kg),
except off Florida, where the trip limit
changes throughout the year. The ACL
will remain in place; the only change
implemented in this final rule is that the
ACL will be divided between the two
zones as separate quotas. The Spanish
mackerel ACL was recently increased
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through a separate action effective
December 22, 2014 (79 FR 69058,
November 20, 2014).
Changes From the Proposed Rule
A final rule for CMP Framework
Amendment 1, effective on December
22, 2014 (79 FR 69058, November 20,
2014), increased the ACLs for Atlantic
migratory group Spanish mackerel,
based on the results of the most recent
stock assessments for Atlantic and Gulf
migratory group Spanish mackerel.
Therefore, this final rule applied the
allocation formula in Amendment 20B
to the revised ACLs, resulting in quotas
for the northern and southern zone for
Atlantic migratory group Spanish
mackerel that are greater than those
proposed.
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 king mackerel,
Spanish mackerel, and cobia and is
consistent with Amendment 20B, 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 rule
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for this
determination was published in the
proposed rule and is not repeated here.
Comments on the effects of setting
different start dates for the Florida west
coast Northern Subzone and the
Western Zone, and the market
incentives of the season start date are
addressed in the comments and
responses section of this final rule. No
changes to the final rule were made in
response to these comments. As a result,
a final regulatory flexibility analysis was
not required and none was prepared.
List of Subjects in 50 CFR Part 622
Atlantic, Coastal Migratory Pelagic
Resources, Cobia, Fisheries, Fishing,
Gulf, King mackerel, Spanish mackerel.
Dated: January 22, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622 is amended
as follows:
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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 § 622.2, the definition of
‘‘Migratory group, for king mackerel,
Spanish mackerel, and cobia’’ is revised
to read as follows:
■
§ 622.2
Definitions and acronyms.
*
*
*
*
*
Migratory group, for king mackerel,
Spanish mackerel, and cobia, means a
group of fish that may or may not be a
separate genetic stock, but that is treated
as a separate stock for management
purposes. King mackerel, Spanish
mackerel, and cobia are divided into
migratory groups—the boundaries
between these groups are specified in
§ 622.369.
*
*
*
*
*
■ 3. In § 622.7, paragraph (b)(1) is
revised to read as follows:
§ 622.7
Fishing years.
*
*
*
*
*
(b) * * *
(1) Gulf migratory group king
mackerel—(i) Eastern zone—July 1
through June 30, except the northern
subzone of the Florida west coast
subzone, which has a fishing year of
October 1 through September 30.
(ii) Western zone—July 1 through June
30.
*
*
*
*
*
■ 4. Add § 622.369 to subpart Q to read
as follows:
§ 622.369 Description of zones and
subzones.
(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 the summer/winter
jurisdictional boundary. The Atlantic
migratory group is bound by the
summer/winter jurisdictional boundary
and a line from the intersection point of
Connecticut, Rhode Island, and New
York (as described in § 600.105(a) of this
chapter). From April 1 through October
31, the summer jurisdictional boundary
separates the Gulf and Atlantic
migratory groups of king mackerel by a
line extending due west from the
Monroe/Collier County, FL, boundary.
From November 1 through March 31,
the winter jurisdictional boundary
separates the Gulf and Atlantic
migratory groups of king mackerel by a
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line extending due east from the
Volusia/Flagler County, FL, boundary.
See Table 1 of this section for the
boundary coordinates. See Figures 1 and
2 in Appendix G of this part for
illustration.
(1) Gulf migratory group. The Gulf
migratory group is divided into western
and eastern zones separated by a line
extending due south from the Alabama/
Florida border. See Table 1 of this
section for the boundary coordinates.
See Figures 1 and 2 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. This zone remains the same
year round.
(ii) Eastern zone. The eastern zone is
divided into the Florida west coast
subzone and the Florida east coast
subzone.
(A) Florida west coast subzone. The
Florida west coast subzone is further
divided into the northern and southern
subzones by a line extending due west
from the Lee/Collier County, FL,
boundary.
(1) Northern subzone. The northern
subzone 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, and
remains the same area year round.
(2) Southern subzone. From
November 1 through March 31, the
southern subzone encompasses an area
of the EEZ south of a line extending due
west of the Lee/Collier County, FL,
boundary on the Florida west coast, and
south of a line extending due east of the
Monroe/Miami-Dade County, FL,
boundary on the Florida east coast,
which includes the EEZ off Collier and
Monroe Counties, FL. From April 1
through October 31, the southern
subzone is reduced to the EEZ off
Collier County, and the EEZ off Monroe
County becomes part of the Atlantic
migratory group area.
(B) Florida east coast subzone. From
November 1 through March 31, the
Florida east coast subzone encompasses
an area of the EEZ south of a line
extending due east of the Flagler/
Volusia County, FL, boundary, and
north of a line extending due east of the
Miami-Dade/Monroe County, FL,
boundary. From April 1 through
October 31, the Florida east coast
subzone is not part of the Gulf migratory
group king mackerel area; it is part of
the Atlantic migratory group king
mackerel area.
(2) Atlantic migratory group. The
Atlantic migratory group is divided into
the northern and southern zones
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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 Figures 1 and 2 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. From April 1
through October 31, 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 south of a line
extending due west of the Lee/Collier
County, FL, boundary. From November
1 through March 31, 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 Flagler/
Volusia County, FL, boundary.
TABLE 1 TO § 622.369—KING MACKEREL DESCRIPTION OF ZONES
[For illustration, see Figures 1 and 2 in Appendix G of this part]
Boundary 2
Area
Boundary 1
Summer
Winter
Gulf Migratory Group—Western Zone ......
US/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.
Gulf Migratory Group—Eastern Zone:
Florida West Coast Northern Subzone.
AL/FL, 87°31′6″ W long ..........................
Lee/Collier: 26°19′48″ N lat.
Gulf Migratory Group—Eastern Zone:
Florida West Coast Southern Subzone.
Lee/Collier, 26°19′48″ N lat .....................
Collier/Monroe: 25°48″ N
lat.
Monroe/Miami-Dade:
25°20′24″ N lat.
Gulf Migratory Group—Eastern
Florida East Coast Subzone.
Monroe/Miami-Dade, 25°20′24″ N lat. ....
NA ......................................
Volusia/Flagler: 29°25″ N
lat.
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
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Atlantic Migratory Group—Northern 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.
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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.
Collier/Monroe: 25°48″ N
lat.
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Volusia/Flagler: 29°25″ N
lat.
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(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
US/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 3 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 3 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 3 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 .........
Boundary 2
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.
(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 U.S./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 4 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 U.S./
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
§ 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
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.
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.
TABLE 3 TO § 622.369—COBIA DESCRIPTION OF ZONES
[For illustration, see Figure 4 in Appendix G of this part]
Boundary 1
Boundary 2
Gulf Migratory Group—Gulf Zone ......................
US/Mexico, A line east of the intersection of
25°58′30.57″ N lat. and 96°55′27.37″ W
long.
Gulf Migratory Group—Florida East Coast Zone
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Area
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.
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 FL/GA, 30°42′45.6″ N lat.
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 ....................................
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5. In § 622.375, paragraph (a) is
revised to read as follows:
■
§ 622.375
gear.
Authorized and unauthorized
(a) Authorized gear—(1) King and
Spanish mackerel. Subject to the
prohibitions on gear/methods specified
in § 622.9, the following are the only
fishing gears that may be used in the
Gulf, Mid-Atlantic, and South Atlantic
EEZ in directed fisheries for king and
Spanish mackerel:
(i) King mackerel, Atlantic migratory
group—(A) North of 34°37.3′ N. lat., the
latitude of Cape Lookout Light, NC—all
gear except drift gillnet and long gillnet.
(B) South of 34°37.3′ N. lat.—
automatic reel, bandit gear, handline,
and rod and reel.
(ii) King mackerel, Gulf migratory
group—hook-and-line gear and, in the
southern Florida west coast subzone
only, run-around gillnet. (See
§ 622.369(a)(1)(ii)(A)(2) for a description
of the Florida west coast southern
subzone.)
(iii) Spanish mackerel, Atlantic
migratory group—automatic reel, bandit
gear, handline, rod and reel, cast net,
run-around gillnet, and stab net.
(iv) Spanish mackerel, Gulf migratory
group—all gear except drift gillnet, long
gillnet, and purse seine.
(2) Cobia. Subject to the prohibitions
on gear/methods specified in § 622.9,
the following are the only fishing gears
that may be used in the Gulf, MidAtlantic, and South Atlantic EEZ for
cobia.
(i) Cobia in the Mid-Atlantic and
South Atlantic EEZ—automatic reel,
bandit gear, handline, rod and reel,
pelagic longline, and spear (including
powerheads).
(ii) Cobia in the Gulf EEZ—all gear
except drift gillnet and long gillnet.
*
*
*
*
*
■ 6. Section 622.378 is revised to read
as follows:
tkelley on DSK3SPTVN1PROD with RULES
§ 622.378
Area and seasonal closures.
(a) Seasonal closures of the gillnet
component for Gulf migratory group
king mackerel. The gillnet component
for Gulf group king mackerel in or from
the Florida west coast southern subzone
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
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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 Florida west coast
subzone may not fish for or possess Gulf
migratory group king mackerel. (See
§ 622.369(a)(1)(ii)(A)(2) for a description
of the Florida west coast southern
subzone.)
(b) [Reserved]
■ 7. In § 622.384, the introductory text,
and paragraphs (a), (b), (c), and (d) are
revised to read as follows:
§ 622.384
Quotas.
See § 622.8 for general provisions
regarding quota applicability and
closure and reopening procedures. See
§ 622.369 for the descriptions of the
zones. This section provides quotas and
specific quota closure restrictions for
coastal migratory pelagic fish. All
weights are in round and eviscerated
weight combined, unless specified
otherwise.
(a) King and Spanish mackerel quotas
apply to persons who fish under
commercial vessel permits for king or
Spanish mackerel, as required under
§ 622.370(a)(1) or (3). A fish is counted
against the quota for the area where it
is caught, not where it is landed.
(b) King mackerel—(1) Gulf migratory
group. The Gulf migratory group is
divided into zones and subzones. The
descriptions of the zones and subzones
are specified in § 622.369(a). Quotas for
the eastern and western zones are as
follows:
(i) Eastern zone. The eastern zone is
divided into subzones with quotas as
follows:
(A) Florida east coast subzone—
1,102,896 lb (500,265 kg).
(B) Florida west coast subzone—(1)
Southern subzone. The hook-and-line
quota is 551,448 lb (250,133 kg) and the
run-around gillnet quota is 551,448 lb
(250,133 kg).
(2) Northern subzone—178,848 lb
(81,124 kg).
(ii) Western zone—1,071,360 lb
(485,961 kg).
(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 2015–2016
fishing year and subsequent years are as
follows:
(i) Northern zone—1,292,040 lb
(586,059 kg). No more than 0.40 million
lb (0.18 million kg) may be harvested by
purse seines.
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(ii) Southern zone—2,587,960 lb
(1,173,879 kg).
(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
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 (b)(2)(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)
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must be disconnected and stowed
separately from the rod and reel. Sinkers
must be disconnected from the down
rigger and stowed separately.
(c) Spanish mackerel—(1) Gulf
migratory group. [Reserved]
(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(b). The quota for the
Atlantic migratory group of Spanish
mackerel is 3.33 million lb (1.51 million
kg). Quotas for the northern and
southern zones are as follows:
(i) Northern zone—662,670 lb
(300,582 kg).
(ii) Southern zone—2,667,330 lb
(1,209,881 kg).
(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 Spanish mackerel
must be made by a letter signed by the
principal state official with marine
fishery management responsibility and
expertise, or his/her previously named
designee, for each state involved. 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 states
involved, 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 any zone’s quota
specified in paragraph (c)(2)(i) or
(c)(2)(ii) of this section.
(d) Cobia—(1) Gulf migratory group—
(i) Gulf zone. For the 2014 fishing year,
the stock quota for the Gulf migratory
group of cobia in the Gulf zone is
1,420,000 lb (644,101 kg). For the 2015
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fishing year, the stock quota is 1,450,000
lb (657,709 kg). For the 2016 fishing
year and subsequent fishing years, the
stock quota is 1,500,000 lb (680,389 kg).
(ii) Florida east coast zone. The
following quota applies to persons who
fish for cobia and sell their catch. The
quota for the Gulf migratory group of
cobia in the Florida east coast zone is
70,000 lb (31,751 kg).
(2) Atlantic migratory group. The
following quotas apply to persons who
fish for cobia and sell their catch. For
the 2014 and 2015 fishing years, the
quota for the Atlantic migratory group of
cobia is 60,000 lb (27,216 kg). The quota
for the 2016 fishing year and subsequent
fishing years is 50,000 lb (22,680 kg).
*
*
*
*
*
■ 8. In § 622.385:
■ a. The heading for paragraph (a)(1),
the heading for paragraph (a)(2), the
second sentence in paragraph (a)(2), and
paragraph (a)(2)(ii)(B) are revised;
■ b. Paragraph (a)(2)(iii) is removed;
■ c. Paragraph (a)(2)(iv) is redesignated
as paragraph (a)(2)(iii);
■ d. Newly redesignated paragraph
(a)(2)(iii) is revised; and
■ e. A heading is added to paragraph
(b)(1).
The revisions and addition read as
follows:
§ 622.385
Commercial trip limits.
*
*
*
*
*
(a) * * *
(1) Atlantic migratory group. * * *
(2) Gulf migratory group. * * * (See
§ 622.369(a)(2) for descriptions of the
eastern and western zones and
§ 622.369(a)(2)(ii) for descriptions of the
subzones in the eastern zone.)
*
*
*
*
*
(ii) * * *
(B) Hook-and-line gear. In the Florida
west coast subzone, 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)(i)(B)(1) or (2):
(1) Northern subzone. From October
1, each fishing year, until the northern
subzone’s hook-and-line gear quota has
been harvested—in amounts not
exceeding 1,250 lb (567 kg) per day.
(2) Southern subzone. From July 1,
each fishing year, until the southern
subzone’s hook-and-line gear quota has
been harvested—in amounts not
exceeding 1,250 lb (567 kg) per day.
(iii) Western zone. In the 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
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issued, as required under
§ 622.370(a)(1), from July 1, each fishing
year, until a closure of the western zone
has been effected under § 622.8(b)—in
amounts not exceeding 3,000 lb (1,361
kg) per day.
(b) * * *
(1) Atlantic migratory group. * * *
*
*
*
*
*
■ 9. In § 622.388, paragraphs (a)(1),
(a)(3), (b)(1), (d)(1), (e), and (f) are
revised to read as follows:
622.388 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
*
*
*
*
*
(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, subzone, or gear
type for the remainder of the fishing
year.
(ii) The commercial ACL for the Gulf
migratory group of king mackerel is
3.456 million lb (1.568 million kg). 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 2,904,552
lb (1,317,483 kg) and the run-around
gillnet ACL (which applies to the Gulf
eastern zone Florida west coast southern
subzone) is 551,448 lb (250,133 kg).
*
*
*
*
*
(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 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 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
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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 3.88 million lb (1.76 million
kg).
*
*
*
*
*
(d) Atlantic migratory group Spanish
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(c)(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 fishing year.
(ii) In addition to the measures
specified in paragraph (d)(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 (d)(3) of this
section, and Atlantic migratory group
Spanish 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 Spanish
mackerel is 3.13 million lb (1.42 million
kg).
*
*
*
*
*
(e) Gulf migratory group cobia—(1)
Gulf zone. (i) If the sum of all cobia
landings, as estimated by the SRD,
reaches or is projected to reach the stock
quota (stock ACT), specified in
§ 622.384(d)(1), the AA will file a
notification with the Office of the
Federal Register to prohibit the harvest
of Gulf migratory group cobia in the
Gulf zone for the remainder of the
fishing year. On and after the effective
date of such a notification, all sale and
purchase of Gulf migratory group cobia
in the Gulf zone is prohibited and the
possession limit of this species in or
from the Gulf EEZ is zero. This
possession limit also applies in the Gulf
on board a vessel for which a valid
Federal charter vessel/headboat permit
for coastal migratory pelagic fish has
been issued, without regard to where
such species were harvested, i.e. in state
or Federal water.
(ii) The stock ACLs for Gulf migratory
group cobia in the Gulf zone are
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1,570,000 lb (712,140 kg) for 2014,
1,610,000 lb (730,284 kg) for 2015, and
1,660,000 lb (752,963 kg) for 2016 and
subsequent fishing years.
(2) Florida east coast zone—(i) The
following ACLs and AMs apply to cobia
that are sold. (A) If the sum of cobia
landings that are sold, as estimated by
the SRD, reach or are projected to reach
the quota specified in § 622.384(d)(1)(ii)
(ACL), the AA will file a notification
with the Office of the Federal Register
to prohibit the sale and purchase of
cobia in or from the Florida east coast
zone for the remainder of the fishing
year.
(B) In addition to the measures
specified in paragraph (e)(2)(i)(A) of this
section, if the sum of cobia landings that
are sold and not sold in or from the
Florida east coast zone, as estimated by
the SRD, exceeds the stock ACL for the
Florida east coast zone, as specified in
paragraph (e)(2)(iii) of this section, and
Gulf migratory group cobia 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 quota (ACL)
for the Florida east coast zone cobia that
are sold for that following year by the
amount of any overage in the prior
fishing year.
(ii) The following ACLs and AMs
apply to cobia that are not sold. (A) If
the sum of cobia landings that are sold
and not sold, as estimated by the SRD,
exceeds the stock ACL, as specified in
paragraph (e)(2)(iii) 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. Further, during
that following year, if necessary, the AA
may file additional notification with the
Office of the Federal Register to readjust
the reduced fishing season to ensure
harvest achieves the ACT but does not
exceed the ACL. The applicable ACTs
for the Florida east coast zone of cobia
are 670,000 lb (303,907 kg) for 2014,
680,000 lb (308,443 kg) for 2015, and
710,000 lb (322,051 kg) for 2016 and
subsequent fishing years. The applicable
ACLs for the Florida east coast zone of
cobia are 810,000 lb (367,410 kg) for
2014, 830,000 lb (376,482 kg) for 2015,
and 860,000 lb (390,089 kg) for 2016
and subsequent fishing years.
(B) In addition to the measures
specified in paragraph (e)(2)(ii)(A) of
this section, if the sum of the cobia
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landings that are sold and not sold in or
from the Florida east coast zone, as
estimated by the SRD, exceeds the stock
ACL, as specified in paragraph (e)(2)(iii)
of this section, and Gulf migratory group
cobia 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 applicable
ACL and applicable ACT for the Florida
east coast zone for that following year
by the amount of any ACL overage in
the prior fishing year.
(C) Landings will be evaluated
relative to the ACL based on a moving
multi-year average of landings, as
described in the FMP.
(iii) The stock ACLs for Florida east
coast zone cobia are 880,000 lb (399,161
kg) for 2014, 900,000 lb (408,233 kg) for
2015, and 930,000 lb (421,841 kg) for
2016 and subsequent fishing years.
(f) Atlantic migratory group cobia—(1)
The following ACLs and AMs apply to
cobia that are sold—(i) If the sum of the
cobia landings that are sold, as
estimated by the SRD, reach or are
projected to reach the quota specified in
§ 622.384(d)(2) (ACL), the AA will file a
notification with the Office of the
Federal Register to prohibit the sale and
purchase of cobia for the remainder of
the fishing year.
(ii) In addition to the measures
specified in paragraph (f)(1)(i) of this
section, if the sum of the cobia landings
that are sold and not sold in or from the
Atlantic migratory group, as estimated
by the SRD, exceeds the stock ACL, as
specified in paragraph (f)(3) of this
section, and Atlantic migratory group
cobia 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 applicable
quota (ACL), as specified in paragraph
(f)(1)(i) of this section, for that following
year by the amount of any applicable
sector-specific ACL overage in the prior
fishing year.
(2) The following ACLs and AMs
apply to cobia that are not sold.
(i) If 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. Further, during
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that following year, if necessary, the AA
may file additional notification with the
Office of the Federal Register to readjust
the reduced fishing season to ensure
harvest achieves the ACT but does not
exceed the ACL. 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.
(ii) In addition to the measures
specified in paragraph (f)(2)(i) of this
section, if the sum of 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, and Atlantic migratory group
cobia 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 applicable
ACL and ACT, as specified in paragraph
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(f)(2)(i) of this section, for that following
year by the amount of any applicable
sector-specific overage in the prior
fishing year.
(iii) 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 ACLs for Atlantic
migratory group cobia are 730,000 lb
(331,122 kg) for 2014, 690,000 lb
(312,979 kg) for 2015, and 670,000 lb
(303,907 kg) for 2016 and subsequent
fishing years.
■ 10. Section 622.389 is revised to read
as follows:
622.389 Adjustment of management
measures.
In accordance with the framework
procedures of the FMP for Coastal
Migratory Pelagic Resources, the RA
may establish or modify, and the
applicable council is required to
approve, the following items specified
in paragraph (a) of this section for
coastal migratory pelagic fish. (Note:
The applicable council refers to the
council whose jurisdiction applies to
the management measures.)
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(a) For a species or species group:
Reporting and monitoring requirements,
permitting requirements, bag and
possession limits (including a bag limit
of zero), size limits, vessel trip limits,
closed seasons or areas and reopenings,
acceptable biological catches (ABCs)
and ABC control rules, annual catch
limits (ACLs) and ACL control rules,
accountability measures (AMs), annual
catch targets (ACTs), quotas (including
a quota of zero), MSY (or proxy), OY,
management parameters such as
overfished and overfishing definitions,
gear restrictions (ranging from
regulation to complete prohibition), gear
markings and identification, vessel
markings and identification, rebuilding
plans, and restrictions relative to
conditions of harvested fish
(maintaining fish in whole condition,
use as bait).
(b) [Reserved]
11. Appendix G to part 622 is added
to read as follows:
■
Appendix G to Part 622—Coastal
Migratory Pelagics Zone Illustrations
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95'W
85'W
King Mackerel
Migratory Group/Zone/Subzone
Summer (April1 -October 31)
-
Gulf/Atlantic Group Boundary
r.z.zl Eastern Zone
Northern
Zone
N
A
0
100
200 300
Miles
400
500
Figure 1 of Appendix G to Part 622--King Mackerel (Summer)
King Mackerel
Migratory Group/Zone/Subzone
Winter (November 1- March 31)
40'N
-Gulf/Atlantic Group Boundary
r.z.zl Eastern Zone
Northern
Zone
30'N
Western Zone
N
A
100
200 300
Miles
25'N
400
500
Figure 2 of Appendix G to Part 622--King Mackerel (Winter)
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ss·w
so·w
95"W
Spanish Mackerel
Migratory Group/Zone
-
Gulf/Atlantic Group Boundary
35"N
N
A
0
100
200
300
400
500
MUes
Figure 3 of Appendix G to Part 622--Spanish Mackerel
ss·w
so·w
ro·w
85"W
Cobia
Migratory Group/Zone
!Z2:'.l Florida East Coast Zone
-
Gulf/Atlantic Group Boundary
Gulf Zone
N
A
0
100
200
300
400
500
Figure 4 of Appendix G to Part 622--Cobia
[FR Doc. 2015–01442 Filed 1–26–15; 8:45 am]
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Miles
Agencies
[Federal Register Volume 80, Number 17 (Tuesday, January 27, 2015)]
[Rules and Regulations]
[Pages 4216-4226]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01442]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 131211999-5045-02]
RIN 0648-BD86
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic
Region; Amendment 20B
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule to implement Amendment 20B to the
Fishery Management Plan for the Coastal Migratory Pelagic Resources
(CMP) in the exclusive economic zone (EEZ) of the Gulf of Mexico and
Atlantic Region (FMP) (Amendment 20B), as prepared and submitted by the
Gulf of Mexico (Gulf) and South Atlantic Fishery Management Councils
(Councils). This rule modifies Gulf migratory group king mackerel trip
limits and fishing years, allows transit through areas closed to king
mackerel fishing, creates zones and quotas for Atlantic migratory group
king and Spanish mackerel, modifies the framework procedures for the
FMP, increases annual catch limits (ACLs) and annual catch targets
(ACTs) for cobia, and creates an east coast zone and quotas for Gulf
migratory group cobia. In addition, this rule reorganizes the
description of CMP zones in the regulations and clarifies that
spearguns and powerheads are allowable gear for cobia in Federal waters
of the South Atlantic and Mid-Atlantic regions. The purpose of this
rule is to help achieve optimum yield (OY) for the CMP fishery while
ensuring allocations are fair and equitable and fishery resources are
utilized efficiently.
DATES: This rule is effective March 1, 2015.
ADDRESSES: Electronic copies of Amendment 20B, 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/sustainable_fisheries/gulf_sa/cmp/.
FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727-824-
5305, or email: Susan.Gerhart@noaa.gov.
SUPPLEMENTARY INFORMATION: The CMP fishery in the Gulf and Atlantic 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 October 17, 2014, NMFS published a notice of availability for
Amendment 20B and requested public comment (79 FR 62410). On October
31, 2014, NMFS published a proposed rule for Amendment 20B and
requested public comment (79 FR 64728). The proposed rule and Amendment
20B 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 Amendment 20B and This Final Rule
Amendment 20B and this rule modify Gulf migratory group king
mackerel trip limits and fishing years, allow transit through areas
closed to king mackerel fishing, create zones and quotas for Atlantic
migratory group king and Spanish mackerel, modify the framework
procedures for the FMP, increase ACLs and ACTs for cobia, and create an
east coast zone and quotas for Gulf migratory group cobia. The purpose
of this rule is to help achieve OY for the CMP fishery while ensuring
allocations are fair and equitable and fishery resources are utilized
efficiently.
Gulf Migratory Group King Mackerel Commercial Hook-and-Line Trip Limits
This final rule removes the Gulf migratory group king mackerel
hook-and-line trip limit reduction for the northern and southern
subzones of the Gulf eastern zone's Florida west coast subzone, to
allow the harvest of 1,250 lb (567 kg) per day until the quota for the
subzone has been met or projected to be met and the respective subzone
is closed to king mackerel harvest.
Gulf Migratory Group Eastern Zone Northern and Southern Subzone King
Mackerel Fishing Years
This rule changes the Florida west coast northern subzone fishing
year to October 1 through September 30. The fishing year for the
Florida west coast southern subzone will remain July 1 through June 30.
Transit Through Areas Closed to King Mackerel
This rule allows a vessel with a valid commercial vessel permit for
king
[[Page 4217]]
mackerel that has onboard king mackerel harvested in an open area of
the EEZ to 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 this provision, transit means a direct and non-stop
continuous course through the area. Fishing gear appropriately stowed
means that: (1) A gillnet must be left on the drum (any additional
gillnets not attached to the drum must be stowed below deck), (2) a rod
and reel must be removed from the rod holder and stowed securely on or
below deck, (3) terminal gear (i.e., hook, leader, sinker, flasher, or
bait) must be disconnected and stowed separately from the rod and reel,
and (4) sinkers must be disconnected from the down rigger and stowed
separately.
Atlantic Migratory Group King and Spanish Mackerel Zones
This rule creates northern and southern zones for Atlantic
migratory group king and Spanish mackerel, each with separate
commercial quotas. The boundary between the zones is a line extending
from the South Carolina/North Carolina state line. The commercial ACL
is split between the zones based on landings from the 2002/2003-2011/
2012 fishing years. The northern zone allocation was calculated using
combined commercial landings from North Carolina, Virginia, Maryland,
Delaware, Pennsylvania, New Jersey, and New York. The southern zone
allocation was calculated using combined commercial landings from South
Carolina, Georgia, the Florida east coast, and Florida Keys on the
Atlantic side.
For king mackerel, applying this formula results in an allocation
of 33.3 percent for the northern zone and 66.7 percent for the southern
zone. For Spanish mackerel, the formula results in an allocation of
19.9 percent for the northern zone and 80.1 percent for the southern
zone. NMFS will monitor the commercial quotas, and close Federal waters
in each zone when the respective quota is reached or projected to be
reached. Transfer of quota between zones is allowed through a request
to NMFS initiated by either North Carolina (northern zone) or Florida
(southern zone). The recreational ACLs for Atlantic migratory group
king and Spanish mackerel will remain unchanged.
Modifications to the FMP Framework Procedures
This rule allows modification to certain management measures under
the standard documentation process of the open framework procedure.
These management measures include acceptable biological catches (ABCs)
and ABC control rules, ACLs and ACL control rules, and accountability
measures. This rule also modifies the framework procedures to the FMP
to designate responsibility to each council (Gulf or South Atlantic)
for setting specified management measures for the migratory groups of
each species in their respective regions. Additionally, ``sale and
purchase restrictions'' and ``transfer at sea provisions'' are removed
from the list in Sec. 622.389.
Cobia Zones, ACLs, and ACTs
Based on the results of the most recent stock assessment for Gulf
and South Atlantic cobia, this rule divides Gulf migratory group cobia
into a Gulf zone (Texas through the Gulf side of the Florida Keys) and
a Florida east coast zone (east coast of Florida and Atlantic side of
the Florida Keys, i.e., the area within the South Atlantic Council's
jurisdiction). The Gulf ACL is allocated between the zones based on
landings from the 1998-2012 fishing years. The South Atlantic Council
is responsible for regulations for the Florida east coast zone, similar
to management of the Florida east coast subzone for king mackerel. This
rule also increases the ACLs for both migratory groups, the
recreational ACT for the Atlantic migratory group, and the stock ACT
for the Gulf zone.
Additional Management Measures Contained in This Final Rule
This rule reorganizes the description of the CMP zones and subzones
and adds Sec. 622.369 to the codified text to describe the zones and
Appendix G to part 622 to represent the zones in figures. In addition,
this rule clarifies that spearguns and powerheads are allowable gear
for cobia in Federal waters of the South Atlantic and Mid-Atlantic
regions.
Comments and Responses
NMFS received a total of 11 submissions from the public, 3 of which
were duplicates. Within the 8 unique submissions, some comments
addressed issues beyond the scope of the proposed rule. NMFS identified
4 issues related to Amendment 20B and its proposed rule. These comments
and NMFS' respective responses are summarized below.
Comment 1: Changing the start of the fishing year for the Florida
west coast northern subzone to a date that is later than the start of
the fishing year for the Gulf western zone will result in a very short
fishing season for the northern subzone. When the western zone quota is
filled, most of the traveling fishermen will move over to the northern
subzone and quickly catch the small quota.
Response: NMFS disagrees that changing the start of the fishing
year for the Florida west coast northern subzone from July 1 to October
1 will allow the quota for that zone to be harvested substantially
faster than occurs now. Currently, fishermen travel from the Atlantic
coast fish in the western zone until that quota is met, and then move
to the northern subzone and quickly harvest that quota. Delaying the
start of the northern subzone fishing year until October is not likely
to change this pattern unless one of two things occur, either of which
could discourage traveling fishermen from fishing in the northern
subzone. First, the delay in the opening of the northern subzone could
result in a period of time when both the western zone and northern
subzones are closed. This could decrease the number of fishers staying
in the northern Gulf waiting for the northern subzone to open. Second,
the delay in opening could allow the fish to migrate to the southern
part of the northern subzone, which extends down the west coast of
Florida, before the quota is met and the subzone is closed. The
traveling fishermen do not generally follow the fish as they migrate
south, leaving these fish available to the local fisherman in this part
of the northern subzone.
Comment 2: A strong market for king mackerel exists in the
northeastern United States and eastern Canada during the summer months.
To take greatest advantage of this market the western zone and the
Florida west coast northern subzone should both open at least by June
1, if not May 1.
Response: NMFS disagrees that having a May 1 or June 1 opening date
would result in fishermen being able to take advantage of a strong
market during the summer. Although niche markets may arise, over the
period 2011-2013, the average price per pound (round weight; NMFS
Fisheries Statistics Division) for king mackerel harvested in the Gulf
was highest in the fall (September through December), followed by the
summer (June through August), and the winter/spring (January through
May). Although other price determinants may have applied, these prices
reflected the volume of king mackerel sold, with the highest average
prices associated with the lowest amounts of king mackerel sold, the
lowest average prices with the highest amounts sold, etc. Average
prices in May and June have likely been high due to the low volume of
king mackerel sold during these months and, as a result, prices would
be expected to fall if the
[[Page 4218]]
start of the seasons were adjusted to allow increased harvests during
these months.
Comment 3: The daily trip limits for king mackerel in the Gulf
should be kept low to extend the season to at least 6 months and to
increase prices. The only reason the season is open as long as it is
now is because of the 500-lb (227-kg) reduction once the 75-percent
level is reached. Taking away that reduction will only shorten the
season even more. Also, currently, the season closes before king
mackerel reach the southern part of the northern subzone in the eastern
Gulf. The king mackerel fishermen in the southern part of the zone may
be able to catch king mackerel once they arrive back south after the
migration if a lower trip limit is implemented.
Response: NMFS disagrees that the 500-lb (227-kg) trip limit
reduction makes any substantial difference in the season length and
agrees with the Council's decision to remove this in-season reduction.
The estimated difference in the season length for the northern subzone
with and without the trip limit reduction is only 3 days. In addition,
the trip limit reduction is difficult to implement in a timely manner.
Regarding the permanent trip limit, the Council did not consider any
trip limits lower than the current 1,250 lb (567 kg) for Gulf migratory
grouper king mackerel in Amendment 20B. Although a lower trip limit
could extend the season, testimony from fishermen indicated that the
cost of fuel versus the income from a small amount of fish would be too
high to maintain a profit. However, as explained in the response to
Comment 2, changing the start of the fishing year in the northern
subzone to October 1 could allow the fish to migrate back to the south
before the season closes, providing additional fishing opportunities
for those in the southern part of that zone.
Comment 4: One commenter noted that the creation of northern and
southern zones for Atlantic migratory group Spanish mackerel would
include an increased trip limit and that there was no upper limit on
pounds of mackerel allowed.
Response: The trip limits and catch limits for Atlantic migratory
group Spanish mackerel will not be affected by Amendment 20B. The trip
limit in both zones will remain 3,500 lb (1,588 kg), except off
Florida, where the trip limit changes throughout the year. The ACL will
remain in place; the only change implemented in this final rule is that
the ACL will be divided between the two zones as separate quotas. The
Spanish mackerel ACL was recently increased through a separate action
effective December 22, 2014 (79 FR 69058, November 20, 2014).
Changes From the Proposed Rule
A final rule for CMP Framework Amendment 1, effective on December
22, 2014 (79 FR 69058, November 20, 2014), increased the ACLs for
Atlantic migratory group Spanish mackerel, based on the results of the
most recent stock assessments for Atlantic and Gulf migratory group
Spanish mackerel. Therefore, this final rule applied the allocation
formula in Amendment 20B to the revised ACLs, resulting in quotas for
the northern and southern zone for Atlantic migratory group Spanish
mackerel that are greater than those proposed.
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 king mackerel, Spanish
mackerel, and cobia and is consistent with Amendment 20B, 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 rule would not
have a significant economic impact on a substantial number of small
entities. The factual basis for this determination was published in the
proposed rule and is not repeated here. Comments on the effects of
setting different start dates for the Florida west coast Northern
Subzone and the Western Zone, and the market incentives of the season
start date are addressed in the comments and responses section of this
final rule. No changes to the final rule were made in response to these
comments. As a result, a final regulatory flexibility analysis was not
required and none was prepared.
List of Subjects in 50 CFR Part 622
Atlantic, Coastal Migratory Pelagic Resources, Cobia, Fisheries,
Fishing, Gulf, King mackerel, Spanish mackerel.
Dated: January 22, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries, 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. 622.2, the definition of ``Migratory group, for king
mackerel, Spanish mackerel, and cobia'' is revised to read as follows:
Sec. 622.2 Definitions and acronyms.
* * * * *
Migratory group, for king mackerel, Spanish mackerel, and cobia,
means a group of fish that may or may not be a separate genetic stock,
but that is treated as a separate stock for management purposes. King
mackerel, Spanish mackerel, and cobia are divided into migratory
groups--the boundaries between these groups are specified in Sec.
622.369.
* * * * *
0
3. In Sec. 622.7, paragraph (b)(1) is revised to read as follows:
Sec. 622.7 Fishing years.
* * * * *
(b) * * *
(1) Gulf migratory group king mackerel--(i) Eastern zone--July 1
through June 30, except the northern subzone of the Florida west coast
subzone, which has a fishing year of October 1 through September 30.
(ii) Western zone--July 1 through June 30.
* * * * *
0
4. Add Sec. 622.369 to subpart Q to read as follows:
Sec. 622.369 Description of zones and subzones.
(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 the summer/winter jurisdictional boundary.
The Atlantic migratory group is bound by the summer/winter
jurisdictional 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). From April 1 through October 31, the
summer jurisdictional boundary separates the Gulf and Atlantic
migratory groups of king mackerel by a line extending due west from the
Monroe/Collier County, FL, boundary. From November 1 through March 31,
the winter jurisdictional boundary separates the Gulf and Atlantic
migratory groups of king mackerel by a
[[Page 4219]]
line extending due east from the Volusia/Flagler County, FL, boundary.
See Table 1 of this section for the boundary coordinates. See Figures 1
and 2 in Appendix G of this part for illustration.
(1) Gulf migratory group. The Gulf migratory group is divided into
western and eastern zones separated by a line extending due south from
the Alabama/Florida border. See Table 1 of this section for the
boundary coordinates. See Figures 1 and 2 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. This zone remains
the same year round.
(ii) Eastern zone. The eastern zone is divided into the Florida
west coast subzone and the Florida east coast subzone.
(A) Florida west coast subzone. The Florida west coast subzone is
further divided into the northern and southern subzones by a line
extending due west from the Lee/Collier County, FL, boundary.
(1) Northern subzone. The northern subzone 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, and remains the same area year round.
(2) Southern subzone. From November 1 through March 31, the
southern subzone encompasses an area of the EEZ south of a line
extending due west of the Lee/Collier County, FL, boundary on the
Florida west coast, and south of a line extending due east of the
Monroe/Miami-Dade County, FL, boundary on the Florida east coast, which
includes the EEZ off Collier and Monroe Counties, FL. From April 1
through October 31, the southern subzone is reduced to the EEZ off
Collier County, and the EEZ off Monroe County becomes part of the
Atlantic migratory group area.
(B) Florida east coast subzone. From November 1 through March 31,
the Florida east coast subzone encompasses an area of the EEZ south of
a line extending due east of the Flagler/Volusia County, FL, boundary,
and north of a line extending due east of the Miami-Dade/Monroe County,
FL, boundary. From April 1 through October 31, the Florida east coast
subzone is not part of the Gulf migratory group king mackerel area; it
is part of the Atlantic migratory group king mackerel area.
(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 Figures 1 and 2 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. From April 1 through October 31, 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
south of a line extending due west of the Lee/Collier County, FL,
boundary. From November 1 through March 31, 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 Flagler/Volusia County, FL,
boundary.
Table 1 to Sec. 622.369--King Mackerel Description of Zones
[For illustration, see Figures 1 and 2 in Appendix G of this part]
----------------------------------------------------------------------------------------------------------------
Boundary 2
Area Boundary 1 -------------------------------------------------
Summer Winter
----------------------------------------------------------------------------------------------------------------
Gulf Migratory Group--Western Zone... US/Mexico, A line east AL/FL: 87[deg]31'6'' W long.
of the intersection of
25[deg]58'30.57'' N
lat. and
96[deg]55'27.37'' W
long.
----------------------------------------------------------------------------------------------------------------
Gulf Migratory Group--Eastern Zone: AL/FL, 87[deg]31'6'' W Lee/Collier: 26[deg]19'48'' N lat.
Florida West Coast Northern Subzone. long.
----------------------------------------------------------------------------------------------------------------
Gulf Migratory Group--Eastern Zone: Lee/Collier, Collier/Monroe: Monroe/Miami-Dade:
Florida West Coast Southern Subzone. 26[deg]19'48'' N lat. 25[deg]48'' N lat. 25[deg]20'24'' N lat.
----------------------------------------------------------------------------------------------------------------
Gulf Migratory Group--Eastern Zone: Monroe/Miami-Dade, NA..................... Volusia/Flagler:
Florida East Coast Subzone. 25[deg]20'24'' N lat.. 29[deg]25'' N lat.
----------------------------------------------------------------------------------------------------------------
Atlantic Migratory Group--Northern NY/CT/RI, NC/SC, a line extending in a direction of
Zone. 41[deg]18'16.249'' N 135[deg]34'55'' from true north beginning at
lat. and 33[deg]51'07.9'' N lat. and 78[deg]32'32.6'' W
71[deg]54'28.477'' W long. to the intersection point with the
long. southeast to outward boundary of the EEZ.
37[deg]22'32.75'' N
lat. and the
intersection point
with the outward
boundary of the EEZ.
----------------------------------------------------------------------------------------------------------------
Atlantic Migratory Group--Southern NC/SC, a line extending Collier/Monroe: Volusia/Flagler:
Zone. in a direction of 25[deg]48'' N lat. 29[deg]25'' N 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.
----------------------------------------------------------------------------------------------------------------
[[Page 4220]]
(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 US/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 3 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 3 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 3 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. from true north
southeast to beginning at
37[deg]22'32.75'' 33[deg]51'07.9''
N lat. and the N lat. and
intersection 78[deg]32'32.6''
point with the W long. to the
outward boundary intersection
of the EEZ. 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 U.S./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 4 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 U.S./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.
Table 3 to Sec. 622.369--Cobia Description of Zones
[For illustration, see Figure 4 in Appendix G of this part]
------------------------------------------------------------------------
Area Boundary 1 Boundary 2
------------------------------------------------------------------------
Gulf Migratory Group--Gulf Zone. US/Mexico, A line Council Boundary--
east of the the intersection
intersection of of the outer
25[deg]58'30.57'' boundary of the
N lat. and EEZ and
96[deg]55'27.37'' 83[deg]00' W
W long. long., north to
24[deg]35' N
lat., (near the
Dry Tortugas
Islands), then
east to the
mainland.
Gulf Migratory Group--Florida Council Boundary-- FL/GA,
East Coast Zone. the intersection 30[deg]42'45.6''
of the outer N lat.
boundary 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 lat. and N 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.
------------------------------------------------------------------------
[[Page 4221]]
0
5. In Sec. 622.375, paragraph (a) is revised to read as follows:
Sec. 622.375 Authorized and unauthorized gear.
(a) Authorized gear--(1) King and Spanish mackerel. Subject to the
prohibitions on gear/methods specified in Sec. 622.9, the following
are the only fishing gears that may be used in the Gulf, Mid-Atlantic,
and South Atlantic EEZ in directed fisheries for king and Spanish
mackerel:
(i) King mackerel, Atlantic migratory group--(A) North of
34[deg]37.3' N. lat., the latitude of Cape Lookout Light, NC--all gear
except drift gillnet and long gillnet.
(B) South of 34[deg]37.3' N. lat.--automatic reel, bandit gear,
handline, and rod and reel.
(ii) King mackerel, Gulf migratory group--hook-and-line gear and,
in the southern Florida west coast subzone only, run-around gillnet.
(See Sec. 622.369(a)(1)(ii)(A)(2) for a description of the Florida
west coast southern subzone.)
(iii) Spanish mackerel, Atlantic migratory group--automatic reel,
bandit gear, handline, rod and reel, cast net, run-around gillnet, and
stab net.
(iv) Spanish mackerel, Gulf migratory group--all gear except drift
gillnet, long gillnet, and purse seine.
(2) Cobia. Subject to the prohibitions on gear/methods specified in
Sec. 622.9, the following are the only fishing gears that may be used
in the Gulf, Mid-Atlantic, and South Atlantic EEZ for cobia.
(i) Cobia in the Mid-Atlantic and South Atlantic EEZ--automatic
reel, bandit gear, handline, rod and reel, pelagic longline, and spear
(including powerheads).
(ii) Cobia in the Gulf EEZ--all gear except drift gillnet and long
gillnet.
* * * * *
0
6. Section 622.378 is revised to read as follows:
Sec. 622.378 Area and seasonal closures.
(a) Seasonal closures of the gillnet component for Gulf migratory
group king mackerel. The gillnet component for Gulf group king mackerel
in or from the Florida west coast southern subzone 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 Florida west coast subzone may not
fish for or possess Gulf migratory group king mackerel. (See Sec.
622.369(a)(1)(ii)(A)(2) for a description of the Florida west coast
southern subzone.)
(b) [Reserved]
0
7. In Sec. 622.384, the introductory text, and paragraphs (a), (b),
(c), and (d) are revised to read as follows:
Sec. 622.384 Quotas.
See Sec. 622.8 for general provisions regarding quota
applicability and closure and reopening procedures. See Sec. 622.369
for the descriptions of the zones. This section provides quotas and
specific quota closure restrictions for coastal migratory pelagic fish.
All weights are in round and eviscerated weight combined, unless
specified otherwise.
(a) King and Spanish mackerel quotas apply to persons who fish
under commercial vessel permits for king or Spanish mackerel, as
required under Sec. 622.370(a)(1) or (3). A fish is counted against
the quota for the area where it is caught, not where it is landed.
(b) King mackerel--(1) Gulf migratory group. The Gulf migratory
group is divided into zones and subzones. The descriptions of the zones
and subzones are specified in Sec. 622.369(a). Quotas for the eastern
and western zones are as follows:
(i) Eastern zone. The eastern zone is divided into subzones with
quotas as follows:
(A) Florida east coast subzone--1,102,896 lb (500,265 kg).
(B) Florida west coast subzone--(1) Southern subzone. The hook-and-
line quota is 551,448 lb (250,133 kg) and the run-around gillnet quota
is 551,448 lb (250,133 kg).
(2) Northern subzone--178,848 lb (81,124 kg).
(ii) Western zone--1,071,360 lb (485,961 kg).
(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 2015-2016 fishing year and subsequent years are as
follows:
(i) Northern zone--1,292,040 lb (586,059 kg). No more than 0.40
million lb (0.18 million kg) may be harvested by purse seines.
(ii) Southern zone--2,587,960 lb (1,173,879 kg).
(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
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 (b)(2)(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)
[[Page 4222]]
must be disconnected and stowed separately from the rod and reel.
Sinkers must be disconnected from the down rigger and stowed
separately.
(c) Spanish mackerel--(1) Gulf migratory group. [Reserved]
(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(b). The quota for the Atlantic migratory
group of Spanish mackerel is 3.33 million lb (1.51 million kg). Quotas
for the northern and southern zones are as follows:
(i) Northern zone--662,670 lb (300,582 kg).
(ii) Southern zone--2,667,330 lb (1,209,881 kg).
(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 Spanish mackerel must be made by a letter signed by the
principal state official with marine fishery management responsibility
and expertise, or his/her previously named designee, for each state
involved. 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 states involved, 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 any
zone's quota specified in paragraph (c)(2)(i) or (c)(2)(ii) of this
section.
(d) Cobia--(1) Gulf migratory group--(i) Gulf zone. For the 2014
fishing year, the stock quota for the Gulf migratory group of cobia in
the Gulf zone is 1,420,000 lb (644,101 kg). For the 2015 fishing year,
the stock quota is 1,450,000 lb (657,709 kg). For the 2016 fishing year
and subsequent fishing years, the stock quota is 1,500,000 lb (680,389
kg).
(ii) Florida east coast zone. The following quota applies to
persons who fish for cobia and sell their catch. The quota for the Gulf
migratory group of cobia in the Florida east coast zone is 70,000 lb
(31,751 kg).
(2) Atlantic migratory group. The following quotas apply to persons
who fish for cobia and sell their catch. For the 2014 and 2015 fishing
years, the quota for the Atlantic migratory group of cobia is 60,000 lb
(27,216 kg). The quota for the 2016 fishing year and subsequent fishing
years is 50,000 lb (22,680 kg).
* * * * *
0
8. In Sec. 622.385:
0
a. The heading for paragraph (a)(1), the heading for paragraph (a)(2),
the second sentence in paragraph (a)(2), and paragraph (a)(2)(ii)(B)
are revised;
0
b. Paragraph (a)(2)(iii) is removed;
0
c. Paragraph (a)(2)(iv) is redesignated as paragraph (a)(2)(iii);
0
d. Newly redesignated paragraph (a)(2)(iii) is revised; and
0
e. A heading is added to paragraph (b)(1).
The revisions and addition read as follows:
Sec. 622.385 Commercial trip limits.
* * * * *
(a) * * *
(1) Atlantic migratory group. * * *
(2) Gulf migratory group. * * * (See Sec. 622.369(a)(2) for
descriptions of the eastern and western zones and Sec.
622.369(a)(2)(ii) for descriptions of the subzones in the eastern
zone.)
* * * * *
(ii) * * *
(B) Hook-and-line gear. In the Florida west coast subzone, 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)(i)(B)(1) or (2):
(1) Northern subzone. From October 1, each fishing year, until the
northern subzone's hook-and-line gear quota has been harvested--in
amounts not exceeding 1,250 lb (567 kg) per day.
(2) Southern subzone. From July 1, each fishing year, until the
southern subzone's hook-and-line gear quota has been harvested--in
amounts not exceeding 1,250 lb (567 kg) per day.
(iii) Western zone. In the 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
Sec. 622.370(a)(1), from July 1, each fishing year, until a closure of
the western zone has been effected under Sec. 622.8(b)--in amounts not
exceeding 3,000 lb (1,361 kg) per day.
(b) * * *
(1) Atlantic migratory group. * * *
* * * * *
0
9. In Sec. 622.388, paragraphs (a)(1), (a)(3), (b)(1), (d)(1), (e),
and (f) are revised to read as follows:
622.388 Annual catch limits (ACLs), annual catch targets (ACTs), and
accountability measures (AMs).
* * * * *
(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, subzone, or gear type for
the remainder of the fishing year.
(ii) The commercial ACL for the Gulf migratory group of king
mackerel is 3.456 million lb (1.568 million kg). 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 2,904,552 lb
(1,317,483 kg) and the run-around gillnet ACL (which applies to the
Gulf eastern zone Florida west coast southern subzone) is 551,448 lb
(250,133 kg).
* * * * *
(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 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 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
[[Page 4223]]
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 3.88 million lb (1.76 million kg).
* * * * *
(d) Atlantic migratory group Spanish 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(c)(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 fishing year.
(ii) In addition to the measures specified in paragraph (d)(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 (d)(3) of this section, and Atlantic migratory group
Spanish 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 Spanish
mackerel is 3.13 million lb (1.42 million kg).
* * * * *
(e) Gulf migratory group cobia--(1) Gulf zone. (i) If the sum of
all cobia landings, as estimated by the SRD, reaches or is projected to
reach the stock quota (stock ACT), specified in Sec. 622.384(d)(1),
the AA will file a notification with the Office of the Federal Register
to prohibit the harvest of Gulf migratory group cobia in the Gulf zone
for the remainder of the fishing year. On and after the effective date
of such a notification, all sale and purchase of Gulf migratory group
cobia in the Gulf zone is prohibited and the possession limit of this
species in or from the Gulf EEZ is zero. This possession limit also
applies in the Gulf on board a vessel for which a valid Federal charter
vessel/headboat permit for coastal migratory pelagic fish has been
issued, without regard to where such species were harvested, i.e. in
state or Federal water.
(ii) The stock ACLs for Gulf migratory group cobia in the Gulf zone
are 1,570,000 lb (712,140 kg) for 2014, 1,610,000 lb (730,284 kg) for
2015, and 1,660,000 lb (752,963 kg) for 2016 and subsequent fishing
years.
(2) Florida east coast zone--(i) The following ACLs and AMs apply
to cobia that are sold. (A) If the sum of cobia landings that are sold,
as estimated by the SRD, reach or are projected to reach the quota
specified in Sec. 622.384(d)(1)(ii) (ACL), the AA will file a
notification with the Office of the Federal Register to prohibit the
sale and purchase of cobia in or from the Florida east coast zone for
the remainder of the fishing year.
(B) In addition to the measures specified in paragraph (e)(2)(i)(A)
of this section, if the sum of cobia landings that are sold and not
sold in or from the Florida east coast zone, as estimated by the SRD,
exceeds the stock ACL for the Florida east coast zone, as specified in
paragraph (e)(2)(iii) of this section, and Gulf migratory group cobia
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 quota (ACL) for the Florida east coast zone cobia
that are sold for that following year by the amount of any overage in
the prior fishing year.
(ii) The following ACLs and AMs apply to cobia that are not sold.
(A) If the sum of cobia landings that are sold and not sold, as
estimated by the SRD, exceeds the stock ACL, as specified in paragraph
(e)(2)(iii) 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. Further, during that following year, if necessary, the AA
may file additional notification with the Office of the Federal
Register to readjust the reduced fishing season to ensure harvest
achieves the ACT but does not exceed the ACL. The applicable ACTs for
the Florida east coast zone of cobia are 670,000 lb (303,907 kg) for
2014, 680,000 lb (308,443 kg) for 2015, and 710,000 lb (322,051 kg) for
2016 and subsequent fishing years. The applicable ACLs for the Florida
east coast zone of cobia are 810,000 lb (367,410 kg) for 2014, 830,000
lb (376,482 kg) for 2015, and 860,000 lb (390,089 kg) for 2016 and
subsequent fishing years.
(B) In addition to the measures specified in paragraph
(e)(2)(ii)(A) of this section, if the sum of the cobia landings that
are sold and not sold in or from the Florida east coast zone, as
estimated by the SRD, exceeds the stock ACL, as specified in paragraph
(e)(2)(iii) of this section, and Gulf migratory group cobia 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 applicable ACL and applicable ACT for the Florida
east coast zone for that following year by the amount of any ACL
overage in the prior fishing year.
(C) Landings will be evaluated relative to the ACL based on a
moving multi-year average of landings, as described in the FMP.
(iii) The stock ACLs for Florida east coast zone cobia are 880,000
lb (399,161 kg) for 2014, 900,000 lb (408,233 kg) for 2015, and 930,000
lb (421,841 kg) for 2016 and subsequent fishing years.
(f) Atlantic migratory group cobia--(1) The following ACLs and AMs
apply to cobia that are sold--(i) If the sum of the cobia landings that
are sold, as estimated by the SRD, reach or are projected to reach the
quota specified in Sec. 622.384(d)(2) (ACL), the AA will file a
notification with the Office of the Federal Register to prohibit the
sale and purchase of cobia for the remainder of the fishing year.
(ii) In addition to the measures specified in paragraph (f)(1)(i)
of this section, if the sum of the cobia landings that are sold and not
sold in or from the Atlantic migratory group, as estimated by the SRD,
exceeds the stock ACL, as specified in paragraph (f)(3) of this
section, and Atlantic migratory group cobia 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
applicable quota (ACL), as specified in paragraph (f)(1)(i) of this
section, for that following year by the amount of any applicable
sector-specific ACL overage in the prior fishing year.
(2) The following ACLs and AMs apply to cobia that are not sold.
(i) If 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.
Further, during
[[Page 4224]]
that following year, if necessary, the AA may file additional
notification with the Office of the Federal Register to readjust the
reduced fishing season to ensure harvest achieves the ACT but does not
exceed the ACL. 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.
(ii) In addition to the measures specified in paragraph (f)(2)(i)
of this section, if the sum of 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, and Atlantic migratory group cobia
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 applicable ACL and ACT, as specified in paragraph
(f)(2)(i) of this section, for that following year by the amount of any
applicable sector-specific overage in the prior fishing year.
(iii) 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 ACLs for Atlantic migratory group cobia are 730,000
lb (331,122 kg) for 2014, 690,000 lb (312,979 kg) for 2015, and 670,000
lb (303,907 kg) for 2016 and subsequent fishing years.
0
10. Section 622.389 is revised to read as follows:
622.389 Adjustment of management measures.
In accordance with the framework procedures of the FMP for Coastal
Migratory Pelagic Resources, the RA may establish or modify, and the
applicable council is required to approve, the following items
specified in paragraph (a) of this section for coastal migratory
pelagic fish. (Note: The applicable council refers to the council whose
jurisdiction applies to the management measures.)
(a) For a species or species group: Reporting and monitoring
requirements, permitting requirements, bag and possession limits
(including a bag limit of zero), size limits, vessel trip limits,
closed seasons or areas and reopenings, acceptable biological catches
(ABCs) and ABC control rules, annual catch limits (ACLs) and ACL
control rules, accountability measures (AMs), annual catch targets
(ACTs), quotas (including a quota of zero), MSY (or proxy), OY,
management parameters such as overfished and overfishing definitions,
gear restrictions (ranging from regulation to complete prohibition),
gear markings and identification, vessel markings and identification,
rebuilding plans, and restrictions relative to conditions of harvested
fish (maintaining fish in whole condition, use as bait).
(b) [Reserved]
0
11. Appendix G to part 622 is added to read as follows:
Appendix G to Part 622--Coastal Migratory Pelagics Zone Illustrations
BILLING CODE 3510-22-P
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[FR Doc. 2015-01442 Filed 1-26-15; 8:45 am]
BILLING CODE 3510-22-C