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]

Download as PDF 4216 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 Agriculture, or from exempted sources in accordance with 9 CFR 2.25–2.28. Animals shall not be acquired from any random source Class B dealer. (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 which his/her research facility is located. The location of the appropriate APHIS Regional Office as well as information concerning this program may be obtained at http://www.aphis.usda.gov/contact_us/. (b) Care of laboratory animals. (1) In the care of any live animals used or intended for use in the performance of this contract, the contractor shall adhere to: (i) The standards and practices incorporated in the Guide for Care and Use of Laboratory Animals, prepared by the Institute of Laboratory Animal Research of the National Research Council of the National Academies (ILAR/NRC), (ii) The Animal Welfare Regulations found in 9 CFR parts 1–4, and (iii) The National Institutes of Health (NIH) Public Health Service (PHS) Policy on the Humane Care and Use of Laboratory Animals. (2) In case of conflict between standards, the higher standard shall be used. (3) The contractor’s reports on portions of the contract in which animals were used shall contain a certificate stating that the animals were cared for in accordance with the principles enunciated in the Guide for 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] tkelley on DSK3SPTVN1PROD with RULES 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 http://sero.nmfs.noaa.gov/ sustainable_fisheries/gulf_sa/cmp/ index.html. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727–824– VerDate Sep<11>2014 17:35 Jan 26, 2015 Jkt 235001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 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 E:\FR\FM\27JAR1.SGM 27JAR1 Federal Register / Vol. 80, No. 17 / Tuesday, January 27, 2015 / Rules and Regulations tkelley on DSK3SPTVN1PROD with RULES 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 VerDate Sep<11>2014 17:35 Jan 26, 2015 Jkt 235001 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 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 4217 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 E:\FR\FM\27JAR1.SGM 27JAR1 tkelley on DSK3SPTVN1PROD with RULES 4218 Federal Register / Vol. 80, No. 17 / Tuesday, January 27, 2015 / Rules and Regulations 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 VerDate Sep<11>2014 17:35 Jan 26, 2015 Jkt 235001 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: PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 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 E:\FR\FM\27JAR1.SGM 27JAR1 Federal Register / Vol. 80, No. 17 / Tuesday, January 27, 2015 / Rules and Regulations 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 4219 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 tkelley on DSK3SPTVN1PROD with RULES 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. VerDate Sep<11>2014 17:35 Jan 26, 2015 Jkt 235001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 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. E:\FR\FM\27JAR1.SGM 27JAR1 Volusia/Flagler: 29°25″ N lat. 4220 Federal Register / Vol. 80, No. 17 / Tuesday, January 27, 2015 / Rules and Regulations (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 tkelley on DSK3SPTVN1PROD with RULES 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 .................................... VerDate Sep<11>2014 17:35 Jan 26, 2015 Jkt 235001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\27JAR1.SGM 27JAR1 Federal Register / Vol. 80, No. 17 / Tuesday, January 27, 2015 / Rules and Regulations 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 VerDate Sep<11>2014 17:35 Jan 26, 2015 Jkt 235001 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. PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 4221 (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) E:\FR\FM\27JAR1.SGM 27JAR1 tkelley on DSK3SPTVN1PROD with RULES 4222 Federal Register / Vol. 80, No. 17 / Tuesday, January 27, 2015 / Rules and Regulations 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 VerDate Sep<11>2014 17:35 Jan 26, 2015 Jkt 235001 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 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 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 E:\FR\FM\27JAR1.SGM 27JAR1 tkelley on DSK3SPTVN1PROD with RULES Federal Register / Vol. 80, No. 17 / Tuesday, January 27, 2015 / Rules and Regulations 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 VerDate Sep<11>2014 17:35 Jan 26, 2015 Jkt 235001 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 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 4223 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 E:\FR\FM\27JAR1.SGM 27JAR1 4224 Federal Register / Vol. 80, No. 17 / Tuesday, January 27, 2015 / Rules and Regulations tkelley on DSK3SPTVN1PROD with RULES 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 VerDate Sep<11>2014 17:35 Jan 26, 2015 Jkt 235001 (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.) PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 (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 BILLING CODE 3510–22–P E:\FR\FM\27JAR1.SGM 27JAR1 4225 Federal Register / Vol. 80, No. 17 / Tuesday, January 27, 2015 / Rules and Regulations 90'W 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) VerDate Sep<11>2014 17:35 Jan 26, 2015 Jkt 235001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4725 E:\FR\FM\27JAR1.SGM 27JAR1 ER27JA15.000</GPH> tkelley on DSK3SPTVN1PROD with RULES 0 4226 Federal Register / Vol. 80, No. 17 / Tuesday, January 27, 2015 / Rules and Regulations 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] BILLING CODE 3510–22–C VerDate Sep<11>2014 17:35 Jan 26, 2015 Jkt 235001 PO 00000 Frm 00032 Fmt 4700 Sfmt 9990 E:\FR\FM\27JAR1.SGM 27JAR1 ER27JA15.001</GPH> tkelley on DSK3SPTVN1PROD with RULES 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]


=======================================================================
-----------------------------------------------------------------------

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 http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_sa/cmp/index.html.

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

[[Page 4225]]

[GRAPHIC] [TIFF OMITTED] TR27JA15.000


[[Page 4226]]


[GRAPHIC] [TIFF OMITTED] TR27JA15.001

[FR Doc. 2015-01442 Filed 1-26-15; 8:45 am]
BILLING CODE 3510-22-C