Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagics Resources in the Gulf of Mexico and Atlantic Region; Framework Amendment 6, 11275-11278 [2019-05424]
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Federal Register / Vol. 84, No. 58 / Tuesday, March 26, 2019 / Proposed Rules
List of Subjects in 45 CFR Part 1302
Education of disadvantaged, Grant
programs—social programs.
Lynn A. Johnson,
Assistant Secretary for Children and Families.
Approved: November 2, 2018.
Alex M. Azar II,
Secretary.
Proposed Regulation Text
For reasons stated in the preamble, we
propose to amend 45 CFR part 1302 as
follows:
PART 1302—PROGRAM OPERATIONS
1. The authority citation for part 1302
continues to read as follows:
■
Authority: 42 U.S.C. 9801 et seq.
2. In § 1302.21, revise paragraph (c) to
read as follows:
■
§ 1302.21
Center-based option.
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(c) * * *
(2) Head Start. (i) A program must
provide, at a minimum, at least 160 days
per year of planned class operations if
it operates for five days per week, or at
least 128 days per year if it operates four
days per week. Classes must operate for
a minimum of 3.5 hours per day.
(ii) If a program operates a double
session variation, it must provide
classes for four days per week for a
minimum of 128 days per year and 3.5
hours per day. Each double session class
staff member must be provided adequate
break time during the course of the day.
In addition, teachers, aides, and
volunteers must have appropriate time
to prepare for each session together, to
set up the classroom environment, and
to give individual attention to children
entering and leaving the center.
(3) Calendar planning. A program
must:
(i) Plan its year using a reasonable
estimate of the number of days during
a year that classes may be closed due to
problems such as inclement weather;
and,
(ii) Make every effort to schedule
makeup days using existing resources if
hours of planned class operations fall
below the number required per year.
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■ 3. In § 1302.24, revise paragraph (c)
and remove paragraph (d).
The revision reads as follows:
§ 1302.24 Locally-designed program
option variations.
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(c) Waiver requirements. (1) The
responsible HHS official may waive one
or more of the requirements contained
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in § 1302.21(b), (c)(1)(i), and (c)(2);
§ 1302.22(a) through (c); and
§ 1302.23(b) and (c), but may not waive
ratios or group size for children under
24 months. Center-based locallydesigned options must meet the
minimums described in section
640(k)(1) of the Act for center-based
programs.
(2) If the responsible HHS official
determines a waiver of group size for
center-based services would better meet
the needs of children and families in a
community, the group size may not
exceed the limits below:
(i) A group that serves children 24 to
36 months of age must have no more
than ten children;
(ii) A group that serves predominantly
three-year-old children must have no
more than twenty children; and
(iii) A group that serves
predominantly four-year-old children
must have no more than twenty-four
children.
(3) To receive a waiver under this
section, a program must provide
supporting evidence that demonstrates
the locally designed variation effectively
supports appropriate development and
progress in children’s early learning
outcomes.
(4) To receive a waiver of service
duration, a program must meet the
requirement in paragraph (c)(3) of this
section, provide supporting evidence
that it better meets the needs of parents
than the applicable service duration
minimums described in § 1302.21(c),
§ 1302.22(c), or § 1302.23(c), and assess
the effectiveness of the variation in
supporting appropriate development
and progress in children’s early learning
outcomes.
[FR Doc. 2019–05363 Filed 3–25–19; 8:45 am]
BILLING CODE 4184–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 181218999–9214–01]
RIN 0648–BI68
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Coastal
Migratory Pelagics Resources in the
Gulf of Mexico and Atlantic Region;
Framework Amendment 6
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
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11275
Proposed rule; request for
comments.
ACTION:
SUMMARY: NMFS proposes to implement
management measures described in
Framework Amendment 6 to the Fishery
Management Plan (FMP) for Coastal
Migratory Pelagics (CMP) of the Gulf of
Mexico (Gulf) and Atlantic Region (CMP
FMP), as prepared by the South Atlantic
Fishery Management Council (Council).
This proposed rule would revise the
Atlantic migratory group king mackerel
commercial trip limit in the Atlantic
southern zone during the March through
September fishing season. The purpose
of this proposed rule is to support
increased fishing activity and economic
opportunity while continuing to
constrain harvest to the annual catch
limit and providing for year-round
access for the commercial sector.
DATES: Written comments must be
received by April 25, 2019.
ADDRESSES: You may submit comments
on the proposed rule, identified by
‘‘NOAA–NMFS–2019–0017,’’ by either
of the following methods:
• Electronic submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal: https://
www.regulations.gov. Go to
www.regulations.gov/#!docketDetail;
D=NOAA-NMFS-2019-0017 click the
‘‘Comment Now!’’ icon, complete the
required fields, and enter or attach your
comments.
• Mail: Submit written comments to
Karla Gore, NMFS Southeast Regional
Office, 263 13th Avenue South, St.
Petersburg, FL 33701.
• Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in required fields if you wish to
remain anonymous).
Electronic copies Framework
Amendment 6 may be obtained from the
Southeast Regional Office website at
https://www.fisheries.noaa.gov/action/
framework-amendment-6-atlantic-kingmackerel-commercial-trip-limits.
FOR FURTHER INFORMATION CONTACT:
Karla Gore, NMFS Southeast Regional
Office, telephone: 727–551–5753, or
email: karla.gore@noaa.gov.
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Federal Register / Vol. 84, No. 58 / Tuesday, March 26, 2019 / Proposed Rules
The
coastal migratory pelagics fishery in the
Atlantic region is managed under the
CMP FMP and includes king mackerel
and Spanish mackerel, and also
includes cobia in the Gulf of Mexico.
The Council and the Gulf of Mexico
Fishery Management Council jointly
manage the CMP FMP. The CMP FMP
was prepared by both Councils and is
implemented by NMFS through
regulations at 50 CFR part 622 under
authority of the Magnuson-Stevens Act.
Under the CMP FMP, each Council has
the ability to develop individual
framework amendments to the FMP for
certain actions that are specific to each
region.
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SUPPLEMENTARY INFORMATION:
Background
The Atlantic migratory group of king
mackerel (Atlantic king mackerel) is
divided into a northern zone and a
southern zone. The trip limit system for
the Atlantic southern zone (the EEZ
from the North Carolina/South Carolina
boundary to the Miami-Dade/Monroe
County, FL, boundary (25°20′24″ N))
was implemented on May 11, 2017,
through Amendment 26 to the FMP (68
FR 17387, April 11, 2017). The fishing
year for the commercial sector for
Atlantic king mackerel is March 1
through the end of February. The
Atlantic southern zone has two
commercial seasons, March 1 through
September 30, and October 1 through
the end of February. The Atlantic
southern zone quota is allocated into
two seasonal quotas: 60 percent of the
zone quota is allocated to March 1
through September 30 (Season 1) and 40
percent of the zone quota is allocated to
October 1 through the end of February
(Season 2). Any unused quota from
Season 1 transfers during the fishing
year to Season 2. There is no provision
to allow the carryover of any unused
quota at the end of Season 2. When the
quota for a season is reached or
expected to be reached, commercial
harvest of king mackerel in the Atlantic
southern zone is prohibited for the
remainder of the season.
During Season 1 in March, in the area
between the Flagler/Volusia County, FL,
boundary (29°25′ N lat.), and the MiamiDade/Monroe County, FL, boundary
(25°20.24″ N lat.), the trip limit is 50
fish. During Season 1 from April 1
through September 30, the trip limit is
75 fish, unless NMFS determines that 75
percent or more of the Atlantic southern
zone quota for the first season has been
landed, then the trip limit is 50 fish.
Subsequent to the implementation of
Amendment 26 to the CMP FMP,
commercial fishermen from Florida’s
east coast expressed concern to the
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Council about the revised commercial
trip limits for king mackerel in some of
the areas in the Atlantic southern zone,
especially the Season 1 (March through
September) trip limits in the EEZ off
Volusia County, FL. Comments from
stakeholders indicated that commercial
fishermen operating out of Volusia
County, FL, travel farther offshore than
elsewhere off the east coast of Florida to
target king mackerel and often complete
multi-day commercial trips. The 50-fish
commercial trip limit during the month
of March makes it challenging for
commercial fisherman targeting king
mackerel in this area to earn enough
money to pay for the cost of a trip,
potentially causing undue hardship to
fishermen. At their April 2017 meeting,
the Council’s Mackerel Cobia Advisory
Panel recommended that the Council
review the commercial trip limits in
place for the Atlantic southern zone and
consider a different trip limit that would
support the concerns of the commercial
fishermen operating out of Volusia
County, FL, while still allowing yearround access to king mackerel by the
commercial sector. The Council then
developed, and subsequently approved,
Framework Amendment 6 to the CMP
FMP. Framework Amendment 6 would
revise some of the commercial trip
limits for Season 1 (March 1 through
September 30) in the southern zone, but
would not revise the commercial trip
limits for Season 2 (October 1 through
the end of February). Additionally,
Framework Amendment 6 would not
revise the current 3,500 lb (1,588 kg)
year-round trip limit for Atlantic
migratory group king mackerel north of
the Flagler/Volusia County, FL,
boundary in the southern zone.
Management Measure Contained in
This Proposed Rule
This proposed rule would revise the
Atlantic king mackerel commercial trip
limits in the southern zone in the EEZ
south of the Flagler/Volusia County, FL,
boundary during Season 1. The revised
trip limit would be increased from 50
fish to 75 fish for the month of March
in the EEZ between the Flagler/Volusia
County, FL, boundary and the Volusia/
Brevard County, FL, boundary. The trip
limit would also be increased from 50
to 75 fish for the month of March in the
EEZ between the Volusia/Brevard
County, FL, boundary and the MiamiDade/Monroe County, FL boundary. The
proposed rule would also increase the
trip limit in the EEZ off Volusia County
(between Flagler/Volusia County, FL,
boundary and the Volusia/Brevard
County, FL, boundary) from April 1
through September 30 from 75 fish to
3,500 lb (1,588 kg).
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In summary, if this proposed rule is
implemented, the commercial trip limits
for Atlantic king mackerel throughout
the southern zone would be as
described in the following:
North of the Flagler/Volusia County,
FL, boundary the limit is 3,500 lb (1,588
kg), year-round.
In the EEZ between the Flagler/
Volusia County, FL, boundary and the
Volusia/Brevard County, FL, boundary,
in the month of March, the trip limit
would be 75 fish; from April through
September, the trip limit would be 3,500
lb (1,588 kg); from October through
January, the limit is 50 fish; and for the
month of February the limit is 50 fish,
unless NMFS determines that less than
70 percent of the commercial quota for
the southern zone’s second season has
been landed, then the trip limit would
be 75 fish.
In the EEZ between the Volusia/
Brevard County, FL, boundary and the
Miami-Dade/Monroe County, FL
boundary, in the month of March, the
trip limit would be 75 fish; from April
through September the limit is 75 fish,
unless NMFS determines that less than
75 percent of the commercial quota for
the southern zone’s first season has been
landed, then the trip limit is 50 fish;
from October through January, the limit
is 50 fish; and for the month of
February, the limit is 50 fish unless
NMFS determines that less than 70
percent of the second season quota has
been landed, then the trip limit would
be 75 fish.
The revision to the trip limit in the
southern zone is expected to provide
additional fishing and economic
opportunity to king mackerel fishermen
in the southern zone and is not expected
to negatively impact the Atlantic king
mackerel stock.
Measure Contained in This Proposed
Rule Not in Framework Amendment 6
In addition to the measures described
in Framework Amendment 6 to revise
the Atlantic southern zone commercial
trip limits, this proposed rule would
also incorporate a correction to a
commercial trip limit boundary position
for the Atlantic king mackerel southern
zone. In 50 CFR 622.385(a)(1)(ii), the
final rule for Amendment 26 incorrectly
specified the Miami-Dade/Monroe
County, FL, boundary coordinate. That
final rule incorrectly used the position
for the Flagler/Volusia County, FL,
boundary in one instance instead of the
Miami-Dade/Monroe County, FL,
coordinate. However, since that final
rule was promulgated, these boundary
descriptions have been updated. These
new boundary descriptions are part of
the revisions being proposed in this rule
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Federal Register / Vol. 84, No. 58 / Tuesday, March 26, 2019 / Proposed Rules
to implement Framework Amendment
6, and the previous boundary
descriptions and coordinates are no
longer relevant. Thus, the previous error
would be superseded by the boundary
descriptions and coordinates listed in
50 CFR 622.385(a)(1)(ii) of this proposed
rule for Framework Amendment 6.
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Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this proposed rule is consistent
with Framework Amendment 6, the
FMP, the Magnuson-Stevens Act, and
other applicable law, subject to further
consideration after public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
The Magnuson-Stevens Act provides
the statutory basis for this proposed
rule. No duplicative, overlapping, or
conflicting Federal rules have been
identified. A description of this
proposed rule and its purpose and need
are contained in the SUMMARY section of
the preamble.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
that this proposed rule, if adopted,
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for this
certification is as follows.
This proposed rule would directly
affect businesses that operate in the
commercial fishing industry (NAICS
code 11411) and harvest king mackerel
in Federal waters of the South Atlantic.
From 2012 through 2016, an annual
average of 702 of vessels landed king
mackerel. It is estimated that 605
businesses operate the 702 vessels that
on average annually land king mackerel.
Average annual revenue from all
species landed by the above 702 vessels
vary considerably by state; however, the
maximum average revenue is $86,573
(in 2016 dollars). For RFA purposes
only, NMFS has established a small
business size standard for businesses,
including their affiliates, whose primary
industry is commercial fishing. A
business primarily engaged in
commercial fishing is classified as a
small business if it is independently
owned and operated, is not dominant in
its field of operation (including its
affiliates), and has combined annual
receipts not in excess of $11 million for
all its affiliated operations worldwide.
The estimates of average annual revenue
indicate that the above 605 businesses
are small businesses.
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The proposed rule would increase the
trip limit from 50 to 75 king mackerel
from March 1 through March 30 in
Federal waters between the Flagler/
Volusia, FL, boundary and Volusia/
Brevard, FL, boundary and Volusia/
Brevard, FL, boundary and Miami-Dade/
Monroe County, FL, boundary. Those
Federal waters are the same as Federal
waters between the Flagler/Volusia
County, FL, boundary and the MiamiDade/Monroe County, FL, boundary
(25°20′24″ N). It is estimated that 60
trips would benefit, and there could be
an additional 250 lb (113 kg) and $560
per trip (at the 2016 price of $2.24 per
lb). The 60 trips are expected to be made
by 60 vessels, and the average vessel’s
annual revenue would increase from 1.3
percent to 3.7 percent.
The proposed rule would also
increase the trip limit to 3,500 lb (1,588
kg) in Federal waters off Volusia County
(between the Flagler/Volusia and
Volusia/Brevard lines) from April 1
through September 30. Currently, the
limit is 75 king mackerel until 75
percent of the quota is landed, then it
reduces to 50 fish. An estimated annual
average of 148 trips made by 71 vessels
could benefit from the trip-limit
increase in Federal waters off Volusia
County from April through September;
however, if all of these trips were made
in areas or during the months when trip
limits are unaffected by the proposed
rule, there would be no beneficial
impacts.
If all of the 148 trips were in Federal
waters off Volusia County from April
through September, the total benefit for
148 trips could be an additional 56,980
lb (25,846 kg) of king mackerel with a
dockside value (in 2016 dollars) of
$127,635, and the average annual
increase per vessel would be $1,798.
Hence, the average annual benefit per
vessel from the increase in the trip limit
from April through September in
Federal waters off Volusia County
would range from $0 to $1,798. These
71 vessels are estimated to be operated
by 61 (10 percent) of the average 605
businesses that annually land king
mackerel, and the average benefit would
range from $0 to $2,092 per business.
An average increase in dockside
revenue from $0 to $1,798 per vessel
would represent an increase in average
annual revenue from 0 percent to over
11 percent for the average vessel that
lands king mackerel in Volusia County
or south of Volusia through Dade
County. That same average increase in
dockside revenue would represent a 0
percent to 5.6 percent in annual revenue
for the average vessel that lands king
mackerel in counties north of Volusia
and 0 percent to 4 percent for the
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11277
average vessel that lands king mackerel
elsewhere in Florida.
In summary, this rule would not have
an adverse economic impact on any
small business, and instead would
increase annual revenues as described
above. Therefore, NMFS expects this
proposed rule would not have a
significant economic impact on a
substantial number of small entities,
and an initial regulatory flexibility
analysis is not required and none has
been prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, King mackerel,
South Atlantic, Trip limits.
Dated: March 18, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622 is proposed
to be amended as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.385, revise paragraph
(a)(1)(ii) and add paragraph (a)(1)(iii) to
read as follows:
■
§ 622.385
Commercial trip limits.
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(a) * * *
(1) * * *
(ii) In the area between 29°25′ N lat.,
which is a line directly east from the
Flagler/Volusia County, FL, boundary,
and 28°47′48″ N lat., which is a line
directly east from the Volusia/Brevard
County, FL, boundary, king mackerel in
or from the EEZ may not be possessed
on board or landed from a vessel in a
day in amounts not to exceed:
(A) From March 1 through March
31—75 fish.
(B) From April 1 through September
30—3,500 lb (1,588 kg).
(C) From October 1 through January
31—50 fish.
(D) From February 1 through the end
of February—50 fish, unless NMFS
determines that less than 70 percent of
the quota specified in
§ 622.384(b)(2)(ii)(B) has been landed,
then, 75 fish.
(iii) In the area between 28°47′48″ N
lat., which is a line directly east from
the Volusia/Brevard County, FL,
boundary, and 25°20′24″ N lat., which is
a line directly east from the MiamiDade/Monroe County, FL, boundary,
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king mackerel in or from the EEZ may
not be possessed on board or landed
from a vessel in a day in amounts not
to exceed:
(A) From March 1 through March
31—75 fish.
(B) From April 1 through September
30—75 fish, unless NMFS determines
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that 75 percent or more of the quota
specified in § 622.384(b)(2)(ii)(A) has
been landed, then, 50 fish.
(C) From October 1 through January
31—50 fish.
(D) From February 1 through the end
of February—50 fish, unless NMFS
determines that less than 70 percent of
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the quota specified in
§ 622.384(b)(2)(ii)(B) has been landed,
then, 75 fish.
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[FR Doc. 2019–05424 Filed 3–25–19; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 84, Number 58 (Tuesday, March 26, 2019)]
[Proposed Rules]
[Pages 11275-11278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05424]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 181218999-9214-01]
RIN 0648-BI68
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Coastal Migratory Pelagics Resources in the Gulf of Mexico and Atlantic
Region; Framework Amendment 6
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to implement management measures described in
Framework Amendment 6 to the Fishery Management Plan (FMP) for Coastal
Migratory Pelagics (CMP) of the Gulf of Mexico (Gulf) and Atlantic
Region (CMP FMP), as prepared by the South Atlantic Fishery Management
Council (Council). This proposed rule would revise the Atlantic
migratory group king mackerel commercial trip limit in the Atlantic
southern zone during the March through September fishing season. The
purpose of this proposed rule is to support increased fishing activity
and economic opportunity while continuing to constrain harvest to the
annual catch limit and providing for year-round access for the
commercial sector.
DATES: Written comments must be received by April 25, 2019.
ADDRESSES: You may submit comments on the proposed rule, identified by
``NOAA-NMFS-2019-0017,'' by either of the following methods:
Electronic submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal: https://www.regulations.gov. Go to www.regulations.gov/#!docketDetail;D=NOAA-
NMFS-2019-0017 click the ``Comment Now!'' icon, complete the required
fields, and enter or attach your comments.
Mail: Submit written comments to Karla Gore, NMFS
Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL
33701.
Instructions: Comments sent by any other method, to any
other address or individual, or received after the end of the comment
period, may not be considered by NMFS. All comments received are a part
of the public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in required fields if you wish to remain
anonymous).
Electronic copies Framework Amendment 6 may be obtained from the
Southeast Regional Office website at https://www.fisheries.noaa.gov/action/framework-amendment-6-atlantic-king-mackerel-commercial-trip-limits.
FOR FURTHER INFORMATION CONTACT: Karla Gore, NMFS Southeast Regional
Office, telephone: 727-551-5753, or email: karla.gore@noaa.gov.
[[Page 11276]]
SUPPLEMENTARY INFORMATION: The coastal migratory pelagics fishery in
the Atlantic region is managed under the CMP FMP and includes king
mackerel and Spanish mackerel, and also includes cobia in the Gulf of
Mexico. The Council and the Gulf of Mexico Fishery Management Council
jointly manage the CMP FMP. The CMP FMP was prepared by both Councils
and is implemented by NMFS through regulations at 50 CFR part 622 under
authority of the Magnuson-Stevens Act. Under the CMP FMP, each Council
has the ability to develop individual framework amendments to the FMP
for certain actions that are specific to each region.
Background
The Atlantic migratory group of king mackerel (Atlantic king
mackerel) is divided into a northern zone and a southern zone. The trip
limit system for the Atlantic southern zone (the EEZ from the North
Carolina/South Carolina boundary to the Miami-Dade/Monroe County, FL,
boundary (25[deg]20'24'' N)) was implemented on May 11, 2017, through
Amendment 26 to the FMP (68 FR 17387, April 11, 2017). The fishing year
for the commercial sector for Atlantic king mackerel is March 1 through
the end of February. The Atlantic southern zone has two commercial
seasons, March 1 through September 30, and October 1 through the end of
February. The Atlantic southern zone quota is allocated into two
seasonal quotas: 60 percent of the zone quota is allocated to March 1
through September 30 (Season 1) and 40 percent of the zone quota is
allocated to October 1 through the end of February (Season 2). Any
unused quota from Season 1 transfers during the fishing year to Season
2. There is no provision to allow the carryover of any unused quota at
the end of Season 2. When the quota for a season is reached or expected
to be reached, commercial harvest of king mackerel in the Atlantic
southern zone is prohibited for the remainder of the season.
During Season 1 in March, in the area between the Flagler/Volusia
County, FL, boundary (29[deg]25' N lat.), and the Miami-Dade/Monroe
County, FL, boundary (25[deg]20.24'' N lat.), the trip limit is 50
fish. During Season 1 from April 1 through September 30, the trip limit
is 75 fish, unless NMFS determines that 75 percent or more of the
Atlantic southern zone quota for the first season has been landed, then
the trip limit is 50 fish.
Subsequent to the implementation of Amendment 26 to the CMP FMP,
commercial fishermen from Florida's east coast expressed concern to the
Council about the revised commercial trip limits for king mackerel in
some of the areas in the Atlantic southern zone, especially the Season
1 (March through September) trip limits in the EEZ off Volusia County,
FL. Comments from stakeholders indicated that commercial fishermen
operating out of Volusia County, FL, travel farther offshore than
elsewhere off the east coast of Florida to target king mackerel and
often complete multi-day commercial trips. The 50-fish commercial trip
limit during the month of March makes it challenging for commercial
fisherman targeting king mackerel in this area to earn enough money to
pay for the cost of a trip, potentially causing undue hardship to
fishermen. At their April 2017 meeting, the Council's Mackerel Cobia
Advisory Panel recommended that the Council review the commercial trip
limits in place for the Atlantic southern zone and consider a different
trip limit that would support the concerns of the commercial fishermen
operating out of Volusia County, FL, while still allowing year-round
access to king mackerel by the commercial sector. The Council then
developed, and subsequently approved, Framework Amendment 6 to the CMP
FMP. Framework Amendment 6 would revise some of the commercial trip
limits for Season 1 (March 1 through September 30) in the southern
zone, but would not revise the commercial trip limits for Season 2
(October 1 through the end of February). Additionally, Framework
Amendment 6 would not revise the current 3,500 lb (1,588 kg) year-round
trip limit for Atlantic migratory group king mackerel north of the
Flagler/Volusia County, FL, boundary in the southern zone.
Management Measure Contained in This Proposed Rule
This proposed rule would revise the Atlantic king mackerel
commercial trip limits in the southern zone in the EEZ south of the
Flagler/Volusia County, FL, boundary during Season 1. The revised trip
limit would be increased from 50 fish to 75 fish for the month of March
in the EEZ between the Flagler/Volusia County, FL, boundary and the
Volusia/Brevard County, FL, boundary. The trip limit would also be
increased from 50 to 75 fish for the month of March in the EEZ between
the Volusia/Brevard County, FL, boundary and the Miami-Dade/Monroe
County, FL boundary. The proposed rule would also increase the trip
limit in the EEZ off Volusia County (between Flagler/Volusia County,
FL, boundary and the Volusia/Brevard County, FL, boundary) from April 1
through September 30 from 75 fish to 3,500 lb (1,588 kg).
In summary, if this proposed rule is implemented, the commercial
trip limits for Atlantic king mackerel throughout the southern zone
would be as described in the following:
North of the Flagler/Volusia County, FL, boundary the limit is
3,500 lb (1,588 kg), year-round.
In the EEZ between the Flagler/Volusia County, FL, boundary and the
Volusia/Brevard County, FL, boundary, in the month of March, the trip
limit would be 75 fish; from April through September, the trip limit
would be 3,500 lb (1,588 kg); from October through January, the limit
is 50 fish; and for the month of February the limit is 50 fish, unless
NMFS determines that less than 70 percent of the commercial quota for
the southern zone's second season has been landed, then the trip limit
would be 75 fish.
In the EEZ between the Volusia/Brevard County, FL, boundary and the
Miami-Dade/Monroe County, FL boundary, in the month of March, the trip
limit would be 75 fish; from April through September the limit is 75
fish, unless NMFS determines that less than 75 percent of the
commercial quota for the southern zone's first season has been landed,
then the trip limit is 50 fish; from October through January, the limit
is 50 fish; and for the month of February, the limit is 50 fish unless
NMFS determines that less than 70 percent of the second season quota
has been landed, then the trip limit would be 75 fish.
The revision to the trip limit in the southern zone is expected to
provide additional fishing and economic opportunity to king mackerel
fishermen in the southern zone and is not expected to negatively impact
the Atlantic king mackerel stock.
Measure Contained in This Proposed Rule Not in Framework Amendment 6
In addition to the measures described in Framework Amendment 6 to
revise the Atlantic southern zone commercial trip limits, this proposed
rule would also incorporate a correction to a commercial trip limit
boundary position for the Atlantic king mackerel southern zone. In 50
CFR 622.385(a)(1)(ii), the final rule for Amendment 26 incorrectly
specified the Miami-Dade/Monroe County, FL, boundary coordinate. That
final rule incorrectly used the position for the Flagler/Volusia
County, FL, boundary in one instance instead of the Miami-Dade/Monroe
County, FL, coordinate. However, since that final rule was promulgated,
these boundary descriptions have been updated. These new boundary
descriptions are part of the revisions being proposed in this rule
[[Page 11277]]
to implement Framework Amendment 6, and the previous boundary
descriptions and coordinates are no longer relevant. Thus, the previous
error would be superseded by the boundary descriptions and coordinates
listed in 50 CFR 622.385(a)(1)(ii) of this proposed rule for Framework
Amendment 6.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with Framework Amendment 6, the FMP, the Magnuson-Stevens
Act, and other applicable law, subject to further consideration after
public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Magnuson-Stevens Act provides the statutory basis for this
proposed rule. No duplicative, overlapping, or conflicting Federal
rules have been identified. A description of this proposed rule and its
purpose and need are contained in the SUMMARY section of the preamble.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this proposed rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The factual basis for this certification is as follows.
This proposed rule would directly affect businesses that operate in
the commercial fishing industry (NAICS code 11411) and harvest king
mackerel in Federal waters of the South Atlantic. From 2012 through
2016, an annual average of 702 of vessels landed king mackerel. It is
estimated that 605 businesses operate the 702 vessels that on average
annually land king mackerel.
Average annual revenue from all species landed by the above 702
vessels vary considerably by state; however, the maximum average
revenue is $86,573 (in 2016 dollars). For RFA purposes only, NMFS has
established a small business size standard for businesses, including
their affiliates, whose primary industry is commercial fishing. A
business primarily engaged in commercial fishing is classified as a
small business if it is independently owned and operated, is not
dominant in its field of operation (including its affiliates), and has
combined annual receipts not in excess of $11 million for all its
affiliated operations worldwide. The estimates of average annual
revenue indicate that the above 605 businesses are small businesses.
The proposed rule would increase the trip limit from 50 to 75 king
mackerel from March 1 through March 30 in Federal waters between the
Flagler/Volusia, FL, boundary and Volusia/Brevard, FL, boundary and
Volusia/Brevard, FL, boundary and Miami-Dade/Monroe County, FL,
boundary. Those Federal waters are the same as Federal waters between
the Flagler/Volusia County, FL, boundary and the Miami-Dade/Monroe
County, FL, boundary (25[deg x ]20'24'' N). It is estimated
that 60 trips would benefit, and there could be an additional 250 lb
(113 kg) and $560 per trip (at the 2016 price of $2.24 per lb). The 60
trips are expected to be made by 60 vessels, and the average vessel's
annual revenue would increase from 1.3 percent to 3.7 percent.
The proposed rule would also increase the trip limit to 3,500 lb
(1,588 kg) in Federal waters off Volusia County (between the Flagler/
Volusia and Volusia/Brevard lines) from April 1 through September 30.
Currently, the limit is 75 king mackerel until 75 percent of the quota
is landed, then it reduces to 50 fish. An estimated annual average of
148 trips made by 71 vessels could benefit from the trip-limit increase
in Federal waters off Volusia County from April through September;
however, if all of these trips were made in areas or during the months
when trip limits are unaffected by the proposed rule, there would be no
beneficial impacts.
If all of the 148 trips were in Federal waters off Volusia County
from April through September, the total benefit for 148 trips could be
an additional 56,980 lb (25,846 kg) of king mackerel with a dockside
value (in 2016 dollars) of $127,635, and the average annual increase
per vessel would be $1,798. Hence, the average annual benefit per
vessel from the increase in the trip limit from April through September
in Federal waters off Volusia County would range from $0 to $1,798.
These 71 vessels are estimated to be operated by 61 (10 percent) of the
average 605 businesses that annually land king mackerel, and the
average benefit would range from $0 to $2,092 per business.
An average increase in dockside revenue from $0 to $1,798 per
vessel would represent an increase in average annual revenue from 0
percent to over 11 percent for the average vessel that lands king
mackerel in Volusia County or south of Volusia through Dade County.
That same average increase in dockside revenue would represent a 0
percent to 5.6 percent in annual revenue for the average vessel that
lands king mackerel in counties north of Volusia and 0 percent to 4
percent for the average vessel that lands king mackerel elsewhere in
Florida.
In summary, this rule would not have an adverse economic impact on
any small business, and instead would increase annual revenues as
described above. Therefore, NMFS expects this proposed rule would not
have a significant economic impact on a substantial number of small
entities, and an initial regulatory flexibility analysis is not
required and none has been prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, King mackerel, South Atlantic, Trip limits.
Dated: March 18, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is
proposed to be amended as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.385, revise paragraph (a)(1)(ii) and add paragraph
(a)(1)(iii) to read as follows:
Sec. 622.385 Commercial trip limits.
* * * * *
(a) * * *
(1) * * *
(ii) In the area between 29[deg]25' N lat., which is a line
directly east from the Flagler/Volusia County, FL, boundary, and
28[deg]47'48'' N lat., which is a line directly east from the Volusia/
Brevard County, FL, boundary, king mackerel in or from the EEZ may not
be possessed on board or landed from a vessel in a day in amounts not
to exceed:
(A) From March 1 through March 31--75 fish.
(B) From April 1 through September 30--3,500 lb (1,588 kg).
(C) From October 1 through January 31--50 fish.
(D) From February 1 through the end of February--50 fish, unless
NMFS determines that less than 70 percent of the quota specified in
Sec. 622.384(b)(2)(ii)(B) has been landed, then, 75 fish.
(iii) In the area between 28[deg]47'48'' N lat., which is a line
directly east from the Volusia/Brevard County, FL, boundary, and
25[deg]20'24'' N lat., which is a line directly east from the Miami-
Dade/Monroe County, FL, boundary,
[[Page 11278]]
king mackerel in or from the EEZ may not be possessed on board or
landed from a vessel in a day in amounts not to exceed:
(A) From March 1 through March 31--75 fish.
(B) From April 1 through September 30--75 fish, unless NMFS
determines that 75 percent or more of the quota specified in Sec.
622.384(b)(2)(ii)(A) has been landed, then, 50 fish.
(C) From October 1 through January 31--50 fish.
(D) From February 1 through the end of February--50 fish, unless
NMFS determines that less than 70 percent of the quota specified in
Sec. 622.384(b)(2)(ii)(B) has been landed, then, 75 fish.
* * * * *
[FR Doc. 2019-05424 Filed 3-25-19; 8:45 am]
BILLING CODE 3510-22-P
