Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region; Framework Amendment 8, 55592-55595 [2020-17863]
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Federal Register / Vol. 85, No. 175 / Wednesday, September 9, 2020 / Rules and Regulations
FOR PLANS WITH A VALUATION DATE ON OR AFTER JANUARY 1, 2021
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Issued in Washington, DC.
Gordon Hartogensis,
Director, Pension Benefit Guaranty
Corporation.
[FR Doc. 2020–19610 Filed 9–8–20; 8:45 am]
BILLING CODE 7709–02–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 200811–0215]
RIN 0648–BJ69
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Coastal
Migratory Pelagic Resources in the
Gulf of Mexico and Atlantic Region;
Framework Amendment 8
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
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NMFS issues regulations to
implement management measures
described in Framework Amendment 8
to the Fishery Management Plan (FMP)
for Coastal Migratory Pelagic Resources
(CMP) of the Gulf of Mexico (Gulf) and
Atlantic Region (CMP FMP), as prepared
by the South Atlantic Fishery
Management Council (Council). This
final rule revises the Atlantic migratory
group king mackerel commercial trip
limit in a portion of the Atlantic
southern zone during the October
through February fishing season. The
purpose of this final rule is to support
increased fishing activity and economic
opportunity while continuing to
constrain harvest to the annual catch
limit (ACL).
DATES: This final rule is effective
September 9, 2020.
ADDRESSES: Electronic copies
Framework Amendment 8 may be
obtained from the Southeast Regional
Office website at: https://
www.fisheries.noaa.gov/action/
framework-amendment-8-kingmackerel-trip-limits.
FOR FURTHER INFORMATION CONTACT:
Karla Gore, NMFS Southeast Regional
SUMMARY:
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Office, telephone: 727–551–5753, or
email: karla.gore@noaa.gov.
SUPPLEMENTARY INFORMATION: The CMP
fishery is managed under the CMP FMP
which includes king mackerel and
Spanish mackerel, and 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
Fishery Conservation and Management
Act (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.
On May 19, 2020, NMFS published
the proposed rule for Framework
Amendment 8 and requested public
comment (85 FR 29916). The proposed
rule and the Framework Amendment 8
outline the rationale for the actions
contained in this final rule. A summary
of the management measures described
in the Framework Amendment 8 and
implemented by this final rule is
described below.
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Federal Register / Vol. 85, No. 175 / Wednesday, September 9, 2020 / Rules and Regulations
Background
The fishery for Atlantic migratory
group of king mackerel (Atlantic king
mackerel) has fishing zones, a split
season, and a commercial trip limit
system implemented through
Amendment 26 to the CMP FMP (82 FR
17387, April 11, 2017). In the exclusive
economic zone (EEZ), the Atlantic king
mackerel fishery is divided into a
northern zone and a southern zone with
the quota for this migratory group
divided between the two zones. The
northern zone extends from the North
Carolina/South Carolina boundary
through New York, and the southern
zone extends from the North Carolina/
South Carolina boundary to the MiamiDade/Monroe County, Florida,
boundary. The fishing year for the
commercial sector for the Atlantic king
mackerel fishery is March 1 through the
end of February. Annually, the Atlantic
southern zone has two commercial
seasons, March 1 through September 30
(Season 1), and October 1 through the
end of February (Season 2). The Atlantic
southern zone quota is further allocated
into two seasonal quotas: 60 percent of
the zone quota is allocated to Season 1
and 40 percent of the zone quota is
allocated to Season 2. During the fishing
year, any unused quota from Season 1
transfers to Season 2. There is no
carryover of any unused quota at the
end of Season 2. When the quota for a
season is reached or projected to be
reached, commercial harvest of king
mackerel in the Atlantic southern zone
is prohibited for the remainder of the
respective season.
When the Atlantic commercial trip
limit system was restructured and
revised through Amendment 26, it had
the goal of ensuring the longest
commercial fishing season possible for
Atlantic king mackerel and providing
commercial fishermen continued access
to king mackerel. The trip limit system
for the southern zone includes a 3,500
lb (1,588 kg) year-round trip limit north
of the Flagler/Volusia County, Florida,
boundary. For the area between the
Flagler/Volusia County, Florida,
boundary (29°25′ N lat.), and the MiamiDade/Monroe County, Florida,
boundary (25°20′24″ N lat.), the trip
limit is 50 fish during Season 2 from
October 1 through January 31. The trip
limit remains at 50 fish during the
month of February, unless NMFS
determines that less than 70 percent of
the commercial quota for the southern
zone’s second season has been landed.
In that case, NMFS announces the trip
limit increase to 75 fish for February in
the Federal Register.
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Since the implementation of
Amendment 26 in 2017, fishermen have
expressed concern about some of the
trip limits contained in the amendment.
Specifically, commercial king mackerel
fishermen targeting king mackerel south
of the Flagler/Volusia County, Florida,
boundary indicate that the current
Season 2 commercial trip limit of 50
fish in the Atlantic southern zone has
prevented them from fully utilizing the
available resource, and that this lower
trip limit during Season 2 also has
prevented fishermen from being able to
carry crew or make profitable trips. The
quota for Season 2 has not been met for
several years. In March 2019, the
Council voted to begin developing
Framework Amendment 8 to the FMP to
address stakeholder concerns about the
50-fish Season 2 trip limit. Stakeholders
and members of the Council’s Mackerel
Cobia Advisory Panel (AP) indicated
that the current 50-fish Season 2 trip
limit is a factor in preventing
commercial king mackerel fishermen
from catching the Season 2 quota or
achieving optimum yield (OY). The AP
discussed these problems at its April
2019 meeting, reviewed new
information showing how much of the
quota is not being harvested since the
implementation of the 50-fish Season 2
trip limit in May 2017, and voted to
recommend that the Council consider
emergency action for the 2019–2020
fishing year to raise the trip limit south
of the Flagler/Volusia County, Florida,
boundary from 50 to 75 fish beginning
in October 2019. The Council discussed
the AP’s recommendation at their June
2019 meeting, reviewed new
information showing how much of the
Season 2 quota has not been harvested
the last several years by the commercial
sector, heard public testimony
supporting the emergency action, and
voted to request that the Secretary of
Commerce issue an emergency rule
under the Magnuson-Stevens Act to
increase the trip limit for Season 2 to 75
fish. The emergency rule was published
in the Federal Register on September
30, 2019 (84 FR 51435) and it increased
the trip limit to 75-fish from October 1,
2019, through February 29, 2020.
In Framework Amendment 8, the
Council considered several different
commercial trip limits during Season 2
in the Atlantic southern zone from the
Flagler/Volusia County, Florida,
boundary to the Miami-Dade/Monroe
County, Florida, boundary. The Council
determined that increasing the trip limit
to 100 fish during Season 2 would be
expected to reduce inefficiencies
associated with a fishing trip, increase
economic opportunities, and enhance
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social benefits, but would not increase
the overall Season 2 commercial quota
or the commercial ACL for king
mackerel. Since commercial king
mackerel landings have not reached the
Season 2 quota in recent years, the
Council and NMFS determined that it
was unlikely the commercial trip limit
increase would result in an early
seasonal closure. The commercial ACL
and accountability measures would
continue to be in place to constrain
commercial harvest and reduce the risk
of overfishing.
Management Measure Contained in
This Final Rule
This final rule revises the Atlantic
king mackerel commercial trip limit in
the southern zone from the Flagler/
Volusia County, Florida, boundary to
the Miami-Dade/Monroe County,
Florida, boundary during Season 2. The
current 50-fish commercial trip limit is
increased to 100 fish from October 1
through the month of January, between
the Flagler/Volusia County, Florida,
boundary, and the Miami-Dade/Monroe
County, Florida, boundary. Also, for the
month of February, in the southern zone
from the Flagler/Volusia County,
Florida, boundary to the Miami-Dade/
Monroe County, Florida, boundary, this
final rule removes the current trip limit
increase of 50 to 75 fish when less than
70 percent of the quota is landed and
allows a trip limit of 100 fish for the
entire month of February, or until the
total quota is reached. Therefore, for the
period of October through February, in
the southern zone from the Flagler/
Volusia County, Florida, boundary to
the Miami-Dade/Monroe County,
Florida, boundary, the commercial trip
limit will be 100 fish.
The revision to the commercial trip
limit in the Atlantic southern zone
during Season 2 is expected to provide
additional fishing and economic
opportunities to king mackerel fishers
and is not expected to negatively impact
the Atlantic king mackerel stock.
Comments and Responses
NMFS received eight comments
during the public comment period on
the proposed rule for Framework
Amendment 8. Seven of these
comments were in support of the
management measure in the framework
amendment. NMFS acknowledges the
comments in favor of all or part of the
actions in Framework Amendment 8
and the proposed rule, and agrees with
them; they are not further addressed
below. NMFS summarizes and responds
to one comment opposed to the action
and to one of the comments in support
of the action but that also recommended
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Federal Register / Vol. 85, No. 175 / Wednesday, September 9, 2020 / Rules and Regulations
a change to how trip limits are
described.
Comment 1: Increasing the
commercial trip limit from 50 to 100
fish from October through January and
from 50 and/or 75 to 100 fish in
February during Season 2 of the
southern zone would cause increased
fishing effort such that the market
would be flooded and the market price
would be substantially reduced. The
current trip limits for Season 2 in the
southern zone should be maintained.
Response: NMFS disagrees and does
not expect that the higher commercial
trip limit from October through
February will result in market flooding
and reduced dockside prices from
increased effort. NMFS has reviewed the
data from the years before and after the
2017 change in the trip limits and found
no evidence to support market flooding
or reduced prices with a higher trip
limit. The commercial trip limit during
October through February was reduced
through Amendment 26 (82 FR 17387,
April 11, 2017), and this reduction did
not result in a substantial decrease in
king mackerel landings during those
months during the 2017–2018 and
2018–2019 seasons. Average annual
landings from the 2017–2018 and 2018–
2019 seasons when a lower trip limit
was in place are greater than average
annual landings from the 2014–2015
and 2015–2016 seasons when a higher
trip limit was in place. Moreover,
average annual landings per trip during
the 2014–2015 through 2015–2016
seasons are less than average annual
landings per trip from the 2017–2018
and 2018–2019 seasons. In addition, the
average annual dockside price of king
mackerel in both 2018 and 2019 (2018
dollars) also falls within the range of the
average annual dockside price of king
mackerel from 2014 through 2016 (2018
dollars).
Comment 2: Some king mackerel
commercial trip limits are described in
pounds of allowable fish and others are
described in numbers of allowable fish.
For consistency, the king mackerel trip
limits should be all described by weight
instead of numbers of fish.
Response: The Council and NMFS do
not have a specific policy with respect
to how commercial trip limits are set,
either in numbers of fish or pounds.
However, for the king mackerel trip
limits in the Atlantic southern zone,
greater trip limits tend to be expressed
in pounds (i.e., 3,500 lb (1,588 kg)) and
lesser trip limits are expressed in
numbers of fish (i.e., 50 fish). Most
commercial trip limits are expressed in
pounds of fish, but the Council’s Cobia
Mackerel Advisory Panel recommended
that the trip limit in this portion of the
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Atlantic southern zone be described in
numbers of fish. The Council preferred
to have this trip limit set in numbers of
fish for this area, rather than pounds of
fish, because it believed that numbers of
fish would help with compliance and
enforcement. Numbers of fish will be
converted to landings in pounds of fish
by multiplying by the average weight of
the fish to track landings against the
Atlantic southern zone commercial
ACL, which is expressed in pounds of
fish. In determining this conversion
factor, NMFS uses data from
commercial trip intercepts where the
length and weight of the fish harvested
on a trip are recorded. As described in
Framework Amendment 8, and using
data from the NMFS Southeast Fisheries
Science Center Trip Intercept Program,
the average annual weight of Atlantic
king mackerel from the southern zone is
7.38 lb (3.35 kg), round weight, 7.10 lb
(3.22 kg), gutted weight.
Classification
Pursuant to section 304(b)(3) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator (AA) has
determined that this final rule is
consistent with Framework Amendment
8, the CMP FMP, other provisions of the
Magnuson-Stevens Act, and other
applicable law.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866. This final rule
is considered an Executive Order 13771
deregulatory action.
The Magnuson-Stevens Act provides
the statutory basis for this final rule. No
duplicative, overlapping, or conflicting
Federal rules have been identified. In
addition, no new reporting, recordkeeping, or other compliance
requirements are introduced by this
final rule.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
during the proposed rule stage that this
rule, if adopted, 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. No comments from
the public or SBA’s Chief Counsel for
Advocacy were received regarding the
certification, and NMFS has not
received any new information that
would affect its determination. As a
result, a final regulatory flexibility
analysis is not required and none has
been prepared.
This final rule responds to the best
scientific information available.
Pursuant to 5 U.S.C. 553(d)(3), the AA
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finds good cause to waive the 30-day
delay in the date of effectiveness of this
final rule because such a delay would be
contrary to the public interest. If this
final rule were delayed by 30 days, king
mackerel fishermen may not be able to
fish under the increased commercial
trip limit and realize the full level of
economic opportunity this rule
provides. In addition, because this
measure increases the current Season 2
trip limits, it relieves a restriction, and
therefore it also falls within the 5 U.S.C.
553(d)(1) exception to the 30-day delay
in the date of effectiveness requirement.
The current commercial trip limits are
increased as a result of this final rule,
and NMFS wants to allow king mackerel
fishermen the earliest opportunity to
harvest at the new trip limit, as
intended by the Council in Framework
Amendment 8, by ensuring the trip limit
is effective by the start of Season 2 on
October 1, 2020. Waiving the 30-day
delay in the date of effectiveness will
allow this final rule to more fully
benefit the fishery through increased
fishing opportunities as described in
Framework Amendment 8 and as
intended by the Council. Any delay past
October 1 would reduce the benefits of
this action, and the full economic
opportunities that are anticipated would
not be realized. A reduction of these
expected benefits would also be
contrary to the intent of the Council.
Accordingly, the 30-day delay in
effectiveness of the measures contained
in this final rule is waived.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, King mackerel,
South Atlantic, Trip limits.
Dated: August 11, 2020.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622 is amended
as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.385, revise paragraphs
(a)(1)(ii)(C) and (a)(1)(iii)(C) and remove
paragraphs (a)(1)(ii)(D) and (a)(1)(iii)(D)
to read as follows:
■
§ 622.385
*
Commercial trip limits.
*
*
(a) * * *
(1) * * *
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Federal Register / Vol. 85, No. 175 / Wednesday, September 9, 2020 / Rules and Regulations
(ii) * * *
(C) From October 1 through the end
of February—100 fish.
(iii) * * *
(C) From October 1 through the end
of February—100 fish.
*
*
*
*
*
[FR Doc. 2020–17863 Filed 9–8–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No.200623–0167; RTID 0648–
XA421]
Fisheries of the Northeastern United
States; Atlantic Bluefish Fishery;
Quota Transfer From NJ to RI
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notification; quota transfer.
AGENCY:
NMFS announces that the
State of New Jersey is transferring a
portion of its 2020 commercial bluefish
quota to the State of Rhode Island. This
quota adjustment is necessary to comply
with the Atlantic Bluefish Fishery
Management Plan quota transfer
provisions. This announcement informs
the public of the revised commercial
bluefish quotas for New Jersey and
Rhode Island.
DATES: Effective September 8, 2020,
through December 31, 2020.
FOR FURTHER INFORMATION CONTACT:
Laura Hansen, Fishery Management
Specialist, (978) 281–9225.
SUPPLEMENTARY INFORMATION:
Regulations governing the Atlantic
bluefish fishery are found in 50 CFR
648.160 through 648.167. These
regulations require annual specification
of a commercial quota that is
apportioned among the coastal states
from Maine through Florida. The
process to set the annual commercial
quota and the percent allocated to each
state is described in § 648.162, and the
final 2020 allocations were published
on June 29, 2020 (85 FR 38794).
The final rule implementing
Amendment 1 to the Bluefish Fishery
Management Plan (FMP) published in
the Federal Register on July 26, 2000
(65 FR 45844), and provided a
mechanism for transferring bluefish
quota from one state to another. Two or
more states, under mutual agreement
and with the concurrence of the NMFS
SUMMARY:
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Greater Atlantic Regional Administrator,
can request approval to transfer or
combine bluefish commercial quota
under § 648.162(e)(1)(i) through (iii).
The Regional Administrator must
approve any such transfer based on the
criteria in § 648.162(e). In evaluating
requests to transfer a quota or combine
quotas, the Regional Administrator shall
consider whether: The transfer or
combinations would preclude the
overall annual quota from being fully
harvested; the transfer addresses an
unforeseen variation or contingency in
the fishery; and the transfer is consistent
with the objectives of the FMP and the
Magnuson-Stevens Act.
New Jersey is transferring 45,000 lb
(20,412 kg) of bluefish commercial
quota to Rhode Island through mutual
agreement of the states. This transfer
was requested to ensure that Rhode
Island would not exceed its 2020 state
quota. The revised bluefish quotas for
2020 are: New Jersey, 314, 934 lb
(142,852 kg) and Rhode Island, 283,366
lb (128,533 kg).
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
648.162(e)(1)(i) through (iii), which was
issued pursuant to section 304(b), and is
exempted from review under Executive
Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 3, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–19923 Filed 9–8–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 200221–0062; RTID 0648–
XA311]
Fisheries of the Exclusive Economic
Zone Off Alaska; Pollock in Statistical
Area 610 in the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for pollock in Statistical Area
610 in the Gulf of Alaska (GOA). This
action is necessary to prevent exceeding
SUMMARY:
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the C season allowance of the 2020 total
allowable catch of pollock for Statistical
Area 610 in the GOA.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), September 3, 2020,
through 1200 hours, A.l.t., October 1,
2020.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
The C season allowance of the 2020
total allowable catch (TAC) of pollock in
Statistical Area 610 of the GOA is 9,357
metric tons (mt) as established by the
final 2020 and 2021 harvest
specifications for groundfish in the GOA
(85 FR 13802, March 10, 2020) and
inseason adjustment (85 FR 49606,
August 14, 2020).
In accordance with § 679.20(d)(1)(i),
the Regional Administrator has
determined that the C season allowance
of the 2020 TAC of pollock in Statistical
Area 610 of the GOA will soon be
reached. Therefore, the Regional
Administrator is establishing a directed
fishing allowance of 9,257 mt and is
setting aside the remaining 100 mt as
bycatch to support other anticipated
groundfish fisheries. In accordance with
§ 679.20(d)(1)(iii), the Regional
Administrator finds that this directed
fishing allowance has been reached.
Consequently, NMFS is prohibiting
directed fishing for pollock in Statistical
Area 610 of the GOA.
While this closure is effective the
maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
part 679, which was issued pursuant to
section 304(b), and is exempt from
review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
an opportunity for public comment on
this action, as notice and comment
would be impracticable and contrary to
the public interest, as it would prevent
NMFS from responding to the most
recent fisheries data in a timely fashion
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[Federal Register Volume 85, Number 175 (Wednesday, September 9, 2020)]
[Rules and Regulations]
[Pages 55592-55595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17863]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 200811-0215]
RIN 0648-BJ69
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic
Region; Framework Amendment 8
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues regulations to implement management measures
described in Framework Amendment 8 to the Fishery Management Plan (FMP)
for Coastal Migratory Pelagic Resources (CMP) of the Gulf of Mexico
(Gulf) and Atlantic Region (CMP FMP), as prepared by the South Atlantic
Fishery Management Council (Council). This final rule revises the
Atlantic migratory group king mackerel commercial trip limit in a
portion of the Atlantic southern zone during the October through
February fishing season. The purpose of this final rule is to support
increased fishing activity and economic opportunity while continuing to
constrain harvest to the annual catch limit (ACL).
DATES: This final rule is effective September 9, 2020.
ADDRESSES: Electronic copies Framework Amendment 8 may be obtained from
the Southeast Regional Office website at: https://www.fisheries.noaa.gov/action/framework-amendment-8-king-mackerel-trip-limits.
FOR FURTHER INFORMATION CONTACT: Karla Gore, NMFS Southeast Regional
Office, telephone: 727-551-5753, or email: [email protected].
SUPPLEMENTARY INFORMATION: The CMP fishery is managed under the CMP FMP
which includes king mackerel and Spanish mackerel, and 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 Fishery Conservation and
Management Act (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.
On May 19, 2020, NMFS published the proposed rule for Framework
Amendment 8 and requested public comment (85 FR 29916). The proposed
rule and the Framework Amendment 8 outline the rationale for the
actions contained in this final rule. A summary of the management
measures described in the Framework Amendment 8 and implemented by this
final rule is described below.
[[Page 55593]]
Background
The fishery for Atlantic migratory group of king mackerel (Atlantic
king mackerel) has fishing zones, a split season, and a commercial trip
limit system implemented through Amendment 26 to the CMP FMP (82 FR
17387, April 11, 2017). In the exclusive economic zone (EEZ), the
Atlantic king mackerel fishery is divided into a northern zone and a
southern zone with the quota for this migratory group divided between
the two zones. The northern zone extends from the North Carolina/South
Carolina boundary through New York, and the southern zone extends from
the North Carolina/South Carolina boundary to the Miami-Dade/Monroe
County, Florida, boundary. The fishing year for the commercial sector
for the Atlantic king mackerel fishery is March 1 through the end of
February. Annually, the Atlantic southern zone has two commercial
seasons, March 1 through September 30 (Season 1), and October 1 through
the end of February (Season 2). The Atlantic southern zone quota is
further allocated into two seasonal quotas: 60 percent of the zone
quota is allocated to Season 1 and 40 percent of the zone quota is
allocated to Season 2. During the fishing year, any unused quota from
Season 1 transfers to Season 2. There is no carryover of any unused
quota at the end of Season 2. When the quota for a season is reached or
projected to be reached, commercial harvest of king mackerel in the
Atlantic southern zone is prohibited for the remainder of the
respective season.
When the Atlantic commercial trip limit system was restructured and
revised through Amendment 26, it had the goal of ensuring the longest
commercial fishing season possible for Atlantic king mackerel and
providing commercial fishermen continued access to king mackerel. The
trip limit system for the southern zone includes a 3,500 lb (1,588 kg)
year-round trip limit north of the Flagler/Volusia County, Florida,
boundary. For the area between the Flagler/Volusia County, Florida,
boundary (29[deg]25' N lat.), and the Miami-Dade/Monroe County,
Florida, boundary (25[deg]20'24'' N lat.), the trip limit is 50 fish
during Season 2 from October 1 through January 31. The trip limit
remains at 50 fish during the month of February, unless NMFS determines
that less than 70 percent of the commercial quota for the southern
zone's second season has been landed. In that case, NMFS announces the
trip limit increase to 75 fish for February in the Federal Register.
Since the implementation of Amendment 26 in 2017, fishermen have
expressed concern about some of the trip limits contained in the
amendment. Specifically, commercial king mackerel fishermen targeting
king mackerel south of the Flagler/Volusia County, Florida, boundary
indicate that the current Season 2 commercial trip limit of 50 fish in
the Atlantic southern zone has prevented them from fully utilizing the
available resource, and that this lower trip limit during Season 2 also
has prevented fishermen from being able to carry crew or make
profitable trips. The quota for Season 2 has not been met for several
years. In March 2019, the Council voted to begin developing Framework
Amendment 8 to the FMP to address stakeholder concerns about the 50-
fish Season 2 trip limit. Stakeholders and members of the Council's
Mackerel Cobia Advisory Panel (AP) indicated that the current 50-fish
Season 2 trip limit is a factor in preventing commercial king mackerel
fishermen from catching the Season 2 quota or achieving optimum yield
(OY). The AP discussed these problems at its April 2019 meeting,
reviewed new information showing how much of the quota is not being
harvested since the implementation of the 50-fish Season 2 trip limit
in May 2017, and voted to recommend that the Council consider emergency
action for the 2019-2020 fishing year to raise the trip limit south of
the Flagler/Volusia County, Florida, boundary from 50 to 75 fish
beginning in October 2019. The Council discussed the AP's
recommendation at their June 2019 meeting, reviewed new information
showing how much of the Season 2 quota has not been harvested the last
several years by the commercial sector, heard public testimony
supporting the emergency action, and voted to request that the
Secretary of Commerce issue an emergency rule under the Magnuson-
Stevens Act to increase the trip limit for Season 2 to 75 fish. The
emergency rule was published in the Federal Register on September 30,
2019 (84 FR 51435) and it increased the trip limit to 75-fish from
October 1, 2019, through February 29, 2020.
In Framework Amendment 8, the Council considered several different
commercial trip limits during Season 2 in the Atlantic southern zone
from the Flagler/Volusia County, Florida, boundary to the Miami-Dade/
Monroe County, Florida, boundary. The Council determined that
increasing the trip limit to 100 fish during Season 2 would be expected
to reduce inefficiencies associated with a fishing trip, increase
economic opportunities, and enhance social benefits, but would not
increase the overall Season 2 commercial quota or the commercial ACL
for king mackerel. Since commercial king mackerel landings have not
reached the Season 2 quota in recent years, the Council and NMFS
determined that it was unlikely the commercial trip limit increase
would result in an early seasonal closure. The commercial ACL and
accountability measures would continue to be in place to constrain
commercial harvest and reduce the risk of overfishing.
Management Measure Contained in This Final Rule
This final rule revises the Atlantic king mackerel commercial trip
limit in the southern zone from the Flagler/Volusia County, Florida,
boundary to the Miami-Dade/Monroe County, Florida, boundary during
Season 2. The current 50-fish commercial trip limit is increased to 100
fish from October 1 through the month of January, between the Flagler/
Volusia County, Florida, boundary, and the Miami-Dade/Monroe County,
Florida, boundary. Also, for the month of February, in the southern
zone from the Flagler/Volusia County, Florida, boundary to the Miami-
Dade/Monroe County, Florida, boundary, this final rule removes the
current trip limit increase of 50 to 75 fish when less than 70 percent
of the quota is landed and allows a trip limit of 100 fish for the
entire month of February, or until the total quota is reached.
Therefore, for the period of October through February, in the southern
zone from the Flagler/Volusia County, Florida, boundary to the Miami-
Dade/Monroe County, Florida, boundary, the commercial trip limit will
be 100 fish.
The revision to the commercial trip limit in the Atlantic southern
zone during Season 2 is expected to provide additional fishing and
economic opportunities to king mackerel fishers and is not expected to
negatively impact the Atlantic king mackerel stock.
Comments and Responses
NMFS received eight comments during the public comment period on
the proposed rule for Framework Amendment 8. Seven of these comments
were in support of the management measure in the framework amendment.
NMFS acknowledges the comments in favor of all or part of the actions
in Framework Amendment 8 and the proposed rule, and agrees with them;
they are not further addressed below. NMFS summarizes and responds to
one comment opposed to the action and to one of the comments in support
of the action but that also recommended
[[Page 55594]]
a change to how trip limits are described.
Comment 1: Increasing the commercial trip limit from 50 to 100 fish
from October through January and from 50 and/or 75 to 100 fish in
February during Season 2 of the southern zone would cause increased
fishing effort such that the market would be flooded and the market
price would be substantially reduced. The current trip limits for
Season 2 in the southern zone should be maintained.
Response: NMFS disagrees and does not expect that the higher
commercial trip limit from October through February will result in
market flooding and reduced dockside prices from increased effort. NMFS
has reviewed the data from the years before and after the 2017 change
in the trip limits and found no evidence to support market flooding or
reduced prices with a higher trip limit. The commercial trip limit
during October through February was reduced through Amendment 26 (82 FR
17387, April 11, 2017), and this reduction did not result in a
substantial decrease in king mackerel landings during those months
during the 2017-2018 and 2018-2019 seasons. Average annual landings
from the 2017-2018 and 2018-2019 seasons when a lower trip limit was in
place are greater than average annual landings from the 2014-2015 and
2015-2016 seasons when a higher trip limit was in place. Moreover,
average annual landings per trip during the 2014-2015 through 2015-2016
seasons are less than average annual landings per trip from the 2017-
2018 and 2018-2019 seasons. In addition, the average annual dockside
price of king mackerel in both 2018 and 2019 (2018 dollars) also falls
within the range of the average annual dockside price of king mackerel
from 2014 through 2016 (2018 dollars).
Comment 2: Some king mackerel commercial trip limits are described
in pounds of allowable fish and others are described in numbers of
allowable fish. For consistency, the king mackerel trip limits should
be all described by weight instead of numbers of fish.
Response: The Council and NMFS do not have a specific policy with
respect to how commercial trip limits are set, either in numbers of
fish or pounds. However, for the king mackerel trip limits in the
Atlantic southern zone, greater trip limits tend to be expressed in
pounds (i.e., 3,500 lb (1,588 kg)) and lesser trip limits are expressed
in numbers of fish (i.e., 50 fish). Most commercial trip limits are
expressed in pounds of fish, but the Council's Cobia Mackerel Advisory
Panel recommended that the trip limit in this portion of the Atlantic
southern zone be described in numbers of fish. The Council preferred to
have this trip limit set in numbers of fish for this area, rather than
pounds of fish, because it believed that numbers of fish would help
with compliance and enforcement. Numbers of fish will be converted to
landings in pounds of fish by multiplying by the average weight of the
fish to track landings against the Atlantic southern zone commercial
ACL, which is expressed in pounds of fish. In determining this
conversion factor, NMFS uses data from commercial trip intercepts where
the length and weight of the fish harvested on a trip are recorded. As
described in Framework Amendment 8, and using data from the NMFS
Southeast Fisheries Science Center Trip Intercept Program, the average
annual weight of Atlantic king mackerel from the southern zone is 7.38
lb (3.35 kg), round weight, 7.10 lb (3.22 kg), gutted weight.
Classification
Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS
Assistant Administrator (AA) has determined that this final rule is
consistent with Framework Amendment 8, the CMP FMP, other provisions of
the Magnuson-Stevens Act, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866. This final rule is considered an
Executive Order 13771 deregulatory action.
The Magnuson-Stevens Act provides the statutory basis for this
final rule. No duplicative, overlapping, or conflicting Federal rules
have been identified. In addition, no new reporting, record-keeping, or
other compliance requirements are introduced by this final rule.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) during the proposed rule stage that this rule, if
adopted, 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. No comments
from the public or SBA's Chief Counsel for Advocacy were received
regarding the certification, and NMFS has not received any new
information that would affect its determination. As a result, a final
regulatory flexibility analysis is not required and none has been
prepared.
This final rule responds to the best scientific information
available. Pursuant to 5 U.S.C. 553(d)(3), the AA finds good cause to
waive the 30-day delay in the date of effectiveness of this final rule
because such a delay would be contrary to the public interest. If this
final rule were delayed by 30 days, king mackerel fishermen may not be
able to fish under the increased commercial trip limit and realize the
full level of economic opportunity this rule provides. In addition,
because this measure increases the current Season 2 trip limits, it
relieves a restriction, and therefore it also falls within the 5 U.S.C.
553(d)(1) exception to the 30-day delay in the date of effectiveness
requirement. The current commercial trip limits are increased as a
result of this final rule, and NMFS wants to allow king mackerel
fishermen the earliest opportunity to harvest at the new trip limit, as
intended by the Council in Framework Amendment 8, by ensuring the trip
limit is effective by the start of Season 2 on October 1, 2020. Waiving
the 30-day delay in the date of effectiveness will allow this final
rule to more fully benefit the fishery through increased fishing
opportunities as described in Framework Amendment 8 and as intended by
the Council. Any delay past October 1 would reduce the benefits of this
action, and the full economic opportunities that are anticipated would
not be realized. A reduction of these expected benefits would also be
contrary to the intent of the Council.
Accordingly, the 30-day delay in effectiveness of the measures
contained in this final rule is waived.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, King mackerel, South Atlantic, Trip limits.
Dated: August 11, 2020.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is amended
as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.385, revise paragraphs (a)(1)(ii)(C) and (a)(1)(iii)(C)
and remove paragraphs (a)(1)(ii)(D) and (a)(1)(iii)(D) to read as
follows:
Sec. 622.385 Commercial trip limits.
* * * * *
(a) * * *
(1) * * *
[[Page 55595]]
(ii) * * *
(C) From October 1 through the end of February--100 fish.
(iii) * * *
(C) From October 1 through the end of February--100 fish.
* * * * *
[FR Doc. 2020-17863 Filed 9-8-20; 8:45 am]
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