Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagics Resources in the Gulf of Mexico and Atlantic Region; Framework Amendment 11, 74989-74991 [2022-26553]

Download as PDF Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Rules and Regulations rationale for the actions contained in this final rule. A summary of the management measures described in Framework 11 and implemented by this final rule is provided below. All weights in this proposed rule are in round and eviscerated weight combined, unless otherwise specified. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 221201–0259] RIN 0648–BL62 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagics Resources in the Gulf of Mexico and Atlantic Region; Framework Amendment 11 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: NMFS issues regulations to implement management measures described in Framework Amendment 11 to the Fishery Management Plan (FMP) for the Coastal Migratory Pelagic (CMP) Resources of the Gulf of Mexico and Atlantic Region (CMP FMP), as prepared and submitted by the Gulf of Mexico Fishery Management Council (Gulf Council). This final rule and Framework Amendment 11 revise the Gulf of Mexico (Gulf) migratory group of king mackerel (Gulf king mackerel) catch limits. The purpose of this final rule and Framework Amendment 11 is to update catch limits to be consistent with the best scientific information available. DATES: This final rule is effective January 6, 2023. ADDRESSES: Electronic copies of Framework Amendment 11, which includes a regulatory impact review, may be obtained from the Southeast Regional Office website at https:// www.fisheries.noaa.gov/action/ framework-11-management-gulf-kingmackerel. SUMMARY: FOR FURTHER INFORMATION CONTACT: Kelli O’Donnell, telephone: 727–824– 5305, or email: Kelli.ODonnell@ noaa.gov. Gulf king mackerel is managed under the CMP FMP prepared by the Gulf and South Atlantic Fishery Management Councils (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 7, 2022, NMFS published a proposed rule for Framework Amendment 11 and requested public comment (87 FR 60975, October 7, 2022). The proposed rule and Framework Amendment 11 outline the lotter on DSK11XQN23PROD with RULES1 SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 18:18 Dec 06, 2022 Jkt 259001 Background Under the CMP FMP, the Gulf Council manages fishing for Gulf king mackerel in Federal waters from Texas to the boundary between Monroe and Miami-Dade Counties in Florida. The Gulf king mackerel stock annual catch limit (ACL) is allocated between the commercial and recreational sectors. The current overfishing limit (OFL) and acceptable biological catch (ABC) are 8,950,000 lb (4,059,652 kg) and 8,550,000 lb (3,878,215 kg), respectively. The current stock ACL is equal to the ABC. The OFL, ABC, and stock ACL were established in 2017 in Amendment 26 to the CMP FMP (82 FR 17387; April 11, 2017). These catch limits are based on projections from the Southeast Data Assessment and Review (SEDAR) 38 stock assessment and recommendations by the Gulf Council’s Scientific and Statistical Committee (SSC). The recreational landings estimates used in SEDAR 38 included data from the Marine Recreational Information Program’s (MRIP) Coastal Household Telephone Survey (CHTS). MRIP now generates recreational landings estimates using the Fishing Effort Survey (FES), and the historical time series of king mackerel recreational landings has been calibrated to be consistent with the MRIP–FES estimates. The estimates generated using MRIP–FES are generally higher than those produced using CHTS because the new survey is designed to more accurately measure fishing activity. In 2020, NMFS completed an update to SEDAR 38 (SEDAR 38 Update) that included calibrated MRIP–FES recreational landings. The update indicated that Gulf group king mackerel was not overfished or undergoing overfishing, but recruitment had been low in recent years. In September 2020, the Gulf Council’s SSC reviewed the SEDAR 38 Update and recommended new OFLs and ABCs for Gulf group king mackerel that would address reduced recruitment and allow harvest to increase over time. The SSC’s recommendation for the revised OFL is 11,050,000 lb (5,012,196 kg) for 2022, and 11,180,000 lb (5,071,163 kg) for 2023 and subsequent years. The SSC’s recommendation for ABC is 9,720,000 lb (4,408,918 kg) for 2022, and 9,990,000 lb (4,531,388 kg) for 2023 and subsequent PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 74989 years. These OFL and ABC recommendations represent a reduction in the allowable harvest when compared to the current OFL and ABC. Had MRIP–FES data been available when SEDAR 38 was completed in 2014, the current OFL would have been 11,960,000 lb (5,424,965 kg) and the current ABC would have been 11,540,000 (5,234,456 kg). The Gulf Council and NMFS developed Framework Amendment 11 to update catch levels based on the results of the SEDAR 38 Update and Gulf Council’s SSC recommendations. The Gulf Council manages Gulf king mackerel with sector allocations and zone allocations for the commercial sector. In Amendment 1 to the FMP, the Councils allocated the total Gulf king mackerel ACL to 32 percent to the commercial sector and 68 percent to the recreational sector based on the average of available commercial and recreational landings data from 1975–1979 (50 FR 34840; August 25, 1985). In Amendment 26 to the FMP, the Councils revised the allocation of the Gulf king mackerel total commercial ACL between the commercial Gulf zones: western zone (40 percent), northern (18 percent), southern zone hook-and-line (21 percent) and southern zone gillnet (21 percent) (82 FR 17387; April 11, 2017). The fishing year for commercial harvest varies by zone: July through June for the southern and western zones, and October through September for the northern zone. For the purpose of comparing landings to the total ACL, recreational landings are monitored based on the commercial fishing year of July through June. Therefore, the sector ACLs and commercial quotas reflect that these fishing years occur in two calendar years, as noted below. Management Measures Contained in This Final Rule For Gulf king mackerel, this final rule revises sector ACLs and the commercial zone quotas. ACLs and Quotas The current total ACL for Gulf king mackerel is equal to the ABC of 8,550,000 lb (3,878,215 kg). This rule modifies the total ACL for Gulf king mackerel to 9,720,000 lb (4,408,918 kg) for 2022 and 9,990,000 lb (4,531,388 kg) for 2023 and subsequent years, which is also equal to the ABCs recommended by the Gulf Council’s SSC. The 2022 total ACL is used to set the sector and zone catch limits for the 2022–2023 fishing year and the 2023 total ACL will be used to set the sector and zone catch limits for 2023–2024 and subsequent fishing years. As noted previously, the E:\FR\FM\07DER1.SGM 07DER1 lotter on DSK11XQN23PROD with RULES1 74990 Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Rules and Regulations revised ACLs actually represent a decrease in the allowable harvest of Gulf king mackerel because had the current total ACL been derived from an assessment using MRIP–FES data, the current total ACL would have been 11,540,000 lb (5,234,456 kg). The current commercial ACL for the 2022–2023 fishing year is 2,740,000 lb (1,242,843 kg). Applying the current commercial allocation of 32 percent to the new total ACLs results in revised commercial ACLs of 3,110,400 lb (1,410,854 kg) for the 2022–2023 fishing year, and 3,196,800 lb (1,450,044 kg) for the 2023–2024 and subsequent years. The current recreational ACL for the 2022–2023 fishing year is 5,810,000 lb (2,635,372 kg). Applying the current recreational allocation of 68 percent to the new stock ACLs results in revised recreational ACLs of 6,609,600 lb (2,998,064 kg) for the 2022–2023 fishing year, and 6,793,200 lb (3,081,344 kg) for the 2023–2024 and subsequent years. Because the revised recreational ACL will now be monitored using landings estimates generated by MRIP–FES, this represents a decrease in the allowable recreational harvest. However, recreational landings, as estimated using MRIP–FES, have been well below the revised ACLs since the 2016–2017 fishing year, and NMFS does not expect the reduction in the recreational ACL to reduce recreational opportunities. The current commercial zone quotas for the 2022–2023 fishing year are 1,096,000 lb (497,137 kg) for the western zone, 493,200 lb (223,712 kg) for the northern zone, 575,400 lb (260,997 kg) for the southern zone hook-and-line component, and 575,400 lb (260,997 kg) for the southern zone gillnet component. The current total commercial hook-and-line ACL for the entire Gulf for the 2022–2023 fishing year is 2,164,600 lb (981,846 kg). Using the current commercial zone allocations, this final rule revises the western zone quota to 1,244,160 lb (564,341 kg) for the 2022–2023 fishing year, and 1,278,720 lb (580,017 kg) for 2023–2024 fishing year and subsequent fishing years. The northern zone quota will be 559,872 lb (253,954 kg) for the 2022–2023 fishing year and 575,424 lb (261,008 kg) for the 2023–2024 fishing year and subsequent fishing years. The southern zone hook-and-line component quota will be 653,184 lb (296,279 kg) for the 2022–2023 fishing year, and 671,328 lb (304,509 kg) for the 2023–2024 fishing year and subsequent years. The southern zone gillnet component quota will be 653,184 lb (296,279 kg) for the 2022–2023 fishing year, and 671,328 lb (304,509 kg) for the 2023–2024 fishing year and subsequent fishing years. The VerDate Sep<11>2014 18:18 Dec 06, 2022 Jkt 259001 total commercial hook-and-line ACL (entire Gulf) will be 2,457,216 lb (1,114,574 kg) for the 2022–2023 fishing year, and 2,525,472 lb (1,145,535 kg) for the 2023–2024 fishing year and subsequent fishing years. Management Measures in Framework Amendment 11 Not Codified Through This Final Rule OFL and ABC As previously discussed, the current OFL and ABC for Gulf king mackerel of 8,950,000 lb (4,059,652 kg) and 8,550,000 lb (3,878,214 kg), respectively, are based on the Gulf Council’s SSC’s recommendations from SEDAR 38, which used recreational landings estimates from MRIP–CHTS. In Framework Amendment 11, the Gulf Council will adopt new OFLs and ABCs based on the SSC’s recommendations from the results of the SEDAR 38 Update, which used MRIP–FES recreational landings estimates. The new OFLs will be 11,050,000 lb (5,012,196 kg) for 2022, and 11,180,000 lb (5,071,163 kg) for 2023 and subsequent years. The new ABCs will be 9,720,000 lb (4,408,918 kg) for 2022, and 9,990,000 lb (4,531,388 kg) for 2023 and subsequent years. Comments and Responses NMFS received one comment on the proposed rule for Framework Amendment 11. That comment was in support of the actions in Framework Amendment 11 and the proposed rule. There have been no changes to the proposed rule based on public comment. Classification Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined that this final rule is consistent with Framework Amendment 11, the CMP FMP, other provisions of the MagnusonStevens Act, and other applicable laws. This final rule has been determined to be not significant for purposes of Executive Order 12866. The Magnuson-Stevens Act provides the legal 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. This final rule contains no information collection requirements under the Paperwork Reduction Act of 1995. A description of this final rule, why it is being considered, and the purposes of this final rule are contained in the preamble and in the SUMMARY section of this final rule. PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration during the proposed rule stage that this action would not have a significant economic impact on a substantial number of small entities. The factual basis for the certification was published in the proposed rule and is not repeated here. No comments were received regarding this certification. As a result, a regulatory flexibility analysis was not required and none was prepared. List of Subjects in 50 CFR Part 622 Annual catch limits, Fisheries, Fishing, Gulf of Mexico, King mackerel, Quotas. Dated: December 1, 2022. 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: ■ 1. The authority citation for part 622 continues to read as follows: Authority: 16 U.S.C. 1801 et seq. 2. In § 622.384, revise paragraphs (b)(1)(i) through (iii) to read as follows: ■ § 622.384 Quotas. * * * * * (b) * * * (1) * * * (i) Western zone. The quota is 1,199,360 lb (544,021 kg) for the 2021– 2022 fishing year, 1,244,160 lb (564,341 kg) for the 2022–2023 fishing year, and 1,278,720 lb (580,018 kg) for the 2023– 2024 fishing year and subsequent fishing years. (ii) Northern zone. The quota is 539,712 lb (244,809 kg) for the 2021– 2022 fishing year, 559,872 lb (253,954 kg) for the 2022–2023 fishing year, and 575,424 lb (261,008 kg) for the 2023– 2024 fishing year and subsequent fishing years. (iii) Southern zone. (A) The hook-andline quota is 629,664 lb (285,611 kg) for the 2021–2022 fishing year, 653,184 lb (296,279 kg) for the 2022–2023 fishing year, and 671,328 lb (304,509 kg) for the 2023–2024 and subsequent fishing years. (B) The run-around gillnet quota is 629,664 lb (285,611 kg) for the 2021– 2022 fishing year, 653,184 lb (296,279 kg) for the 2022–2023 fishing year, and 671,328 lb (304,509 kg) for the 2023– 2024 and subsequent fishing years. * * * * * ■ 3. In § 622.388, revise paragraphs (a)(1)(ii) and (a)(2) to read as follows: E:\FR\FM\07DER1.SGM 07DER1 Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Rules and Regulations § 622.388 Annual catch limits (ACLs), annual catch targets (ACTs), and accountability measures (AMs). ACTION: * * * * (a) * * * (1) * * * (ii) The commercial ACL for the Gulf migratory group of king mackerel is 2,998,400 lb (1,360,051 kg) for the 2021– 2022 fishing year, 3,110,400 lb (1,410,854 kg) for the 2022–2023 fishing year, and 3,196,800 lb (1,450,044 kg) for the 2023–2024 and subsequent fishing years. The 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 2,368,736 lb (1,074,441 kg) for the 2021–2022 fishing year, 2,457,216 lb (1,114,574 kg) for the 2022–2023 fishing year, and 2,525,472 lb (1,145,535 kg) for the 2023– 2024 and subsequent fishing years. The run-around gillnet ACL (which applies to the southern zone) is 629,664 lb (285,611 kg) for the 2021–2022 fishing year, 653,184 lb (296,279 kg) for the 2022–2023 fishing year, and 671,328 lb (304,509 kg) for the 2023–2024 and subsequent fishing years. * * * * * (2) Recreational sector. If recreational landings, as estimated by the SRD, reach or are projected to reach the recreational ACL of 6,371,600 lb (2,890,109 kg) for the 2021–2022 fishing year, 6,609,600 lb (2,998,064 kg) for the 2022–2023 fishing year, and 6,793,200 lb (3,081,344 kg) for the 2023–2024 and subsequent fishing years, the AA will file a notification with the Office of the Federal Register to implement bag and possession limits for Gulf migratory group king mackerel of zero, unless the best scientific information available determines that a bag limit reduction is unnecessary. * * * * * [FR Doc. 2022–26553 Filed 12–6–22; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 220126–0034] lotter on DSK11XQN23PROD with RULES1 RTID 0648–XC581 Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; Quota Transfers From NJ to NY and RI National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. VerDate Sep<11>2014 18:18 Dec 06, 2022 Jkt 259001 NMFS announces that the State of New Jersey is transferring a portion of its 2022 commercial bluefish quota to the states of New York and Rhode Island. These quota adjustments are 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, New York, and Rhode Island. SUMMARY: * AGENCY: Notification; quota transfers. Effective December 2, 2022, through December 31, 2022. FOR FURTHER INFORMATION CONTACT: Laura Deighan, Fishery Management Specialist, (978) 281–9184. 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 2022 allocations were published on February 2, 2022 (87 FR 5739). 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 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 42,500 lb (19,278 kg) to New York and 42,500 lb (19,278 kg) to Rhode Island through mutual agreement of the states. These transfers were requested to ensure that New York and Rhode Island would not exceed their 2022 state quotas. The revised bluefish quotas for 2022 are: New Jersey, 434,158 lb (196,931 kg); DATES: PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 74991 New York, 497,193 lb (225,523 kg); and Rhode Island, 382,456 lb (173,479 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: December 2, 2022. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2022–26590 Filed 12–2–22; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 665 [RTID 0648–XC197] Pacific Island Fisheries; 2022 U.S. Territorial Longline Bigeye Tuna Catch Limits for the Commonwealth of the Northern Mariana Islands National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Announcement of a valid specified fishing agreement. AGENCY: NMFS announces a valid specified fishing agreement that allocates up to 1,500 metric tons (t) of the 2022 bigeye tuna limit for the Commonwealth of the Northern Mariana Islands (CNMI) to U.S. longline fishing vessels. The agreement supports the long-term sustainability of fishery resources of the U.S. Pacific Islands and fisheries development in the CNMI. DATES: The specified fishing agreement was valid as of July 21, 2022. The start date for attributing 2022 bigeye tuna catch to the CNMI is November 21, 2022. ADDRESSES: The Fishery Ecosystem Plan for Pelagic Fisheries of the Western Pacific (FEP) describes specified fishing agreements and is available from the Western Pacific Fishery Management Council (Council), 1164 Bishop St., Suite 1400, Honolulu, HI 96813, telephone: 808–522–8220, fax: 808– 522–8226, or https://www.wpcouncil.org. NMFS prepared environmental analyses that describe the potential impacts on the human environment that would result from the action. The SUMMARY: E:\FR\FM\07DER1.SGM 07DER1

Agencies

[Federal Register Volume 87, Number 234 (Wednesday, December 7, 2022)]
[Rules and Regulations]
[Pages 74989-74991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26553]



[[Page 74989]]

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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 221201-0259]
RIN 0648-BL62


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagics Resources in the Gulf of Mexico and Atlantic 
Region; Framework Amendment 11

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NMFS issues regulations to implement management measures 
described in Framework Amendment 11 to the Fishery Management Plan 
(FMP) for the Coastal Migratory Pelagic (CMP) Resources of the Gulf of 
Mexico and Atlantic Region (CMP FMP), as prepared and submitted by the 
Gulf of Mexico Fishery Management Council (Gulf Council). This final 
rule and Framework Amendment 11 revise the Gulf of Mexico (Gulf) 
migratory group of king mackerel (Gulf king mackerel) catch limits. The 
purpose of this final rule and Framework Amendment 11 is to update 
catch limits to be consistent with the best scientific information 
available.

DATES: This final rule is effective January 6, 2023.

ADDRESSES: Electronic copies of Framework Amendment 11, which includes 
a regulatory impact review, may be obtained from the Southeast Regional 
Office website at https://www.fisheries.noaa.gov/action/framework-11-management-gulf-king-mackerel.

FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, telephone: 727-824-
5305, or email: [email protected].

SUPPLEMENTARY INFORMATION: Gulf king mackerel is managed under the CMP 
FMP prepared by the Gulf and South Atlantic Fishery Management Councils 
(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 7, 2022, NMFS published a proposed rule for Framework 
Amendment 11 and requested public comment (87 FR 60975, October 7, 
2022). The proposed rule and Framework Amendment 11 outline the 
rationale for the actions contained in this final rule. A summary of 
the management measures described in Framework 11 and implemented by 
this final rule is provided below.
    All weights in this proposed rule are in round and eviscerated 
weight combined, unless otherwise specified.

Background

    Under the CMP FMP, the Gulf Council manages fishing for Gulf king 
mackerel in Federal waters from Texas to the boundary between Monroe 
and Miami-Dade Counties in Florida. The Gulf king mackerel stock annual 
catch limit (ACL) is allocated between the commercial and recreational 
sectors.
    The current overfishing limit (OFL) and acceptable biological catch 
(ABC) are 8,950,000 lb (4,059,652 kg) and 8,550,000 lb (3,878,215 kg), 
respectively. The current stock ACL is equal to the ABC. The OFL, ABC, 
and stock ACL were established in 2017 in Amendment 26 to the CMP FMP 
(82 FR 17387; April 11, 2017). These catch limits are based on 
projections from the Southeast Data Assessment and Review (SEDAR) 38 
stock assessment and recommendations by the Gulf Council's Scientific 
and Statistical Committee (SSC). The recreational landings estimates 
used in SEDAR 38 included data from the Marine Recreational Information 
Program's (MRIP) Coastal Household Telephone Survey (CHTS). MRIP now 
generates recreational landings estimates using the Fishing Effort 
Survey (FES), and the historical time series of king mackerel 
recreational landings has been calibrated to be consistent with the 
MRIP-FES estimates. The estimates generated using MRIP-FES are 
generally higher than those produced using CHTS because the new survey 
is designed to more accurately measure fishing activity.
    In 2020, NMFS completed an update to SEDAR 38 (SEDAR 38 Update) 
that included calibrated MRIP-FES recreational landings. The update 
indicated that Gulf group king mackerel was not overfished or 
undergoing overfishing, but recruitment had been low in recent years. 
In September 2020, the Gulf Council's SSC reviewed the SEDAR 38 Update 
and recommended new OFLs and ABCs for Gulf group king mackerel that 
would address reduced recruitment and allow harvest to increase over 
time. The SSC's recommendation for the revised OFL is 11,050,000 lb 
(5,012,196 kg) for 2022, and 11,180,000 lb (5,071,163 kg) for 2023 and 
subsequent years. The SSC's recommendation for ABC is 9,720,000 lb 
(4,408,918 kg) for 2022, and 9,990,000 lb (4,531,388 kg) for 2023 and 
subsequent years. These OFL and ABC recommendations represent a 
reduction in the allowable harvest when compared to the current OFL and 
ABC. Had MRIP-FES data been available when SEDAR 38 was completed in 
2014, the current OFL would have been 11,960,000 lb (5,424,965 kg) and 
the current ABC would have been 11,540,000 (5,234,456 kg). The Gulf 
Council and NMFS developed Framework Amendment 11 to update catch 
levels based on the results of the SEDAR 38 Update and Gulf Council's 
SSC recommendations.
    The Gulf Council manages Gulf king mackerel with sector allocations 
and zone allocations for the commercial sector. In Amendment 1 to the 
FMP, the Councils allocated the total Gulf king mackerel ACL to 32 
percent to the commercial sector and 68 percent to the recreational 
sector based on the average of available commercial and recreational 
landings data from 1975-1979 (50 FR 34840; August 25, 1985). In 
Amendment 26 to the FMP, the Councils revised the allocation of the 
Gulf king mackerel total commercial ACL between the commercial Gulf 
zones: western zone (40 percent), northern (18 percent), southern zone 
hook-and-line (21 percent) and southern zone gillnet (21 percent) (82 
FR 17387; April 11, 2017).
    The fishing year for commercial harvest varies by zone: July 
through June for the southern and western zones, and October through 
September for the northern zone. For the purpose of comparing landings 
to the total ACL, recreational landings are monitored based on the 
commercial fishing year of July through June. Therefore, the sector 
ACLs and commercial quotas reflect that these fishing years occur in 
two calendar years, as noted below.

Management Measures Contained in This Final Rule

    For Gulf king mackerel, this final rule revises sector ACLs and the 
commercial zone quotas.

ACLs and Quotas

    The current total ACL for Gulf king mackerel is equal to the ABC of 
8,550,000 lb (3,878,215 kg). This rule modifies the total ACL for Gulf 
king mackerel to 9,720,000 lb (4,408,918 kg) for 2022 and 9,990,000 lb 
(4,531,388 kg) for 2023 and subsequent years, which is also equal to 
the ABCs recommended by the Gulf Council's SSC. The 2022 total ACL is 
used to set the sector and zone catch limits for the 2022-2023 fishing 
year and the 2023 total ACL will be used to set the sector and zone 
catch limits for 2023-2024 and subsequent fishing years. As noted 
previously, the

[[Page 74990]]

revised ACLs actually represent a decrease in the allowable harvest of 
Gulf king mackerel because had the current total ACL been derived from 
an assessment using MRIP-FES data, the current total ACL would have 
been 11,540,000 lb (5,234,456 kg).
    The current commercial ACL for the 2022-2023 fishing year is 
2,740,000 lb (1,242,843 kg). Applying the current commercial allocation 
of 32 percent to the new total ACLs results in revised commercial ACLs 
of 3,110,400 lb (1,410,854 kg) for the 2022-2023 fishing year, and 
3,196,800 lb (1,450,044 kg) for the 2023-2024 and subsequent years. The 
current recreational ACL for the 2022-2023 fishing year is 5,810,000 lb 
(2,635,372 kg). Applying the current recreational allocation of 68 
percent to the new stock ACLs results in revised recreational ACLs of 
6,609,600 lb (2,998,064 kg) for the 2022-2023 fishing year, and 
6,793,200 lb (3,081,344 kg) for the 2023-2024 and subsequent years. 
Because the revised recreational ACL will now be monitored using 
landings estimates generated by MRIP-FES, this represents a decrease in 
the allowable recreational harvest. However, recreational landings, as 
estimated using MRIP-FES, have been well below the revised ACLs since 
the 2016-2017 fishing year, and NMFS does not expect the reduction in 
the recreational ACL to reduce recreational opportunities.
    The current commercial zone quotas for the 2022-2023 fishing year 
are 1,096,000 lb (497,137 kg) for the western zone, 493,200 lb (223,712 
kg) for the northern zone, 575,400 lb (260,997 kg) for the southern 
zone hook-and-line component, and 575,400 lb (260,997 kg) for the 
southern zone gillnet component. The current total commercial hook-and-
line ACL for the entire Gulf for the 2022-2023 fishing year is 
2,164,600 lb (981,846 kg). Using the current commercial zone 
allocations, this final rule revises the western zone quota to 
1,244,160 lb (564,341 kg) for the 2022-2023 fishing year, and 1,278,720 
lb (580,017 kg) for 2023-2024 fishing year and subsequent fishing 
years. The northern zone quota will be 559,872 lb (253,954 kg) for the 
2022-2023 fishing year and 575,424 lb (261,008 kg) for the 2023-2024 
fishing year and subsequent fishing years. The southern zone hook-and-
line component quota will be 653,184 lb (296,279 kg) for the 2022-2023 
fishing year, and 671,328 lb (304,509 kg) for the 2023-2024 fishing 
year and subsequent years. The southern zone gillnet component quota 
will be 653,184 lb (296,279 kg) for the 2022-2023 fishing year, and 
671,328 lb (304,509 kg) for the 2023-2024 fishing year and subsequent 
fishing years. The total commercial hook-and-line ACL (entire Gulf) 
will be 2,457,216 lb (1,114,574 kg) for the 2022-2023 fishing year, and 
2,525,472 lb (1,145,535 kg) for the 2023-2024 fishing year and 
subsequent fishing years.

Management Measures in Framework Amendment 11 Not Codified Through This 
Final Rule

OFL and ABC

    As previously discussed, the current OFL and ABC for Gulf king 
mackerel of 8,950,000 lb (4,059,652 kg) and 8,550,000 lb (3,878,214 
kg), respectively, are based on the Gulf Council's SSC's 
recommendations from SEDAR 38, which used recreational landings 
estimates from MRIP-CHTS. In Framework Amendment 11, the Gulf Council 
will adopt new OFLs and ABCs based on the SSC's recommendations from 
the results of the SEDAR 38 Update, which used MRIP-FES recreational 
landings estimates. The new OFLs will be 11,050,000 lb (5,012,196 kg) 
for 2022, and 11,180,000 lb (5,071,163 kg) for 2023 and subsequent 
years. The new ABCs will be 9,720,000 lb (4,408,918 kg) for 2022, and 
9,990,000 lb (4,531,388 kg) for 2023 and subsequent years.

Comments and Responses

    NMFS received one comment on the proposed rule for Framework 
Amendment 11. That comment was in support of the actions in Framework 
Amendment 11 and the proposed rule. There have been no changes to the 
proposed rule based on public comment.

Classification

    Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator has determined that this final rule is 
consistent with Framework Amendment 11, the CMP FMP, other provisions 
of the Magnuson-Stevens Act, and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Magnuson-Stevens Act provides the legal 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. This 
final rule contains no information collection requirements under the 
Paperwork Reduction Act of 1995. A description of this final rule, why 
it is being considered, and the purposes of this final rule are 
contained in the preamble and in the SUMMARY section of 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 during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.

List of Subjects in 50 CFR Part 622

    Annual catch limits, Fisheries, Fishing, Gulf of Mexico, King 
mackerel, Quotas.

    Dated: December 1, 2022.
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:

0
1. The authority citation for part 622 continues to read as follows:

    Authority:  16 U.S.C. 1801 et seq.


0
2. In Sec.  622.384, revise paragraphs (b)(1)(i) through (iii) to read 
as follows:


Sec.  622.384  Quotas.

* * * * *
    (b) * * *
    (1) * * *
    (i) Western zone. The quota is 1,199,360 lb (544,021 kg) for the 
2021-2022 fishing year, 1,244,160 lb (564,341 kg) for the 2022-2023 
fishing year, and 1,278,720 lb (580,018 kg) for the 2023-2024 fishing 
year and subsequent fishing years.
    (ii) Northern zone. The quota is 539,712 lb (244,809 kg) for the 
2021-2022 fishing year, 559,872 lb (253,954 kg) for the 2022-2023 
fishing year, and 575,424 lb (261,008 kg) for the 2023-2024 fishing 
year and subsequent fishing years.
    (iii) Southern zone. (A) The hook-and-line quota is 629,664 lb 
(285,611 kg) for the 2021-2022 fishing year, 653,184 lb (296,279 kg) 
for the 2022-2023 fishing year, and 671,328 lb (304,509 kg) for the 
2023-2024 and subsequent fishing years.
    (B) The run-around gillnet quota is 629,664 lb (285,611 kg) for the 
2021-2022 fishing year, 653,184 lb (296,279 kg) for the 2022-2023 
fishing year, and 671,328 lb (304,509 kg) for the 2023-2024 and 
subsequent fishing years.
* * * * *

0
3. In Sec.  622.388, revise paragraphs (a)(1)(ii) and (a)(2) to read as 
follows:

[[Page 74991]]

Sec.  622.388  Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

* * * * *
    (a) * * *
    (1) * * *
    (ii) The commercial ACL for the Gulf migratory group of king 
mackerel is 2,998,400 lb (1,360,051 kg) for the 2021-2022 fishing year, 
3,110,400 lb (1,410,854 kg) for the 2022-2023 fishing year, and 
3,196,800 lb (1,450,044 kg) for the 2023-2024 and subsequent fishing 
years. The 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 2,368,736 lb (1,074,441 kg) for the 2021-2022 fishing 
year, 2,457,216 lb (1,114,574 kg) for the 2022-2023 fishing year, and 
2,525,472 lb (1,145,535 kg) for the 2023-2024 and subsequent fishing 
years. The run-around gillnet ACL (which applies to the southern zone) 
is 629,664 lb (285,611 kg) for the 2021-2022 fishing year, 653,184 lb 
(296,279 kg) for the 2022-2023 fishing year, and 671,328 lb (304,509 
kg) for the 2023-2024 and subsequent fishing years.
* * * * *
    (2) Recreational sector. If recreational landings, as estimated by 
the SRD, reach or are projected to reach the recreational ACL of 
6,371,600 lb (2,890,109 kg) for the 2021-2022 fishing year, 6,609,600 
lb (2,998,064 kg) for the 2022-2023 fishing year, and 6,793,200 lb 
(3,081,344 kg) for the 2023-2024 and subsequent fishing years, the AA 
will file a notification with the Office of the Federal Register to 
implement bag and possession limits for Gulf migratory group king 
mackerel of zero, unless the best scientific information available 
determines that a bag limit reduction is unnecessary.
* * * * *
[FR Doc. 2022-26553 Filed 12-6-22; 8:45 am]
BILLING CODE 3510-22-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.