Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagics Resources in the Gulf of Mexico and Atlantic Region; Framework Amendment 12, 45384-45386 [2023-14757]
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45384
Federal Register / Vol. 88, No. 135 / Monday, July 17, 2023 / Proposed Rules
ddrumheller on DSK120RN23PROD with PROPOSALS1
written comments, memoranda, or other
filings in the proceeding, the presenter
may provide citations to such data or
arguments in his or her prior comments,
memoranda, or other filings (specifying
the relevant page and/or paragraph
numbers where such data or arguments
can be found) in lieu of summarizing
them in the memorandum. Documents
shown or given to Commission staff
during ex parte meetings are deemed to
be written ex parte presentations and
must be filed consistent with rule
1.1206(b). In proceedings governed by
rule 1.49(f) or for which the
Commission has made available a
method of electronic filing, written ex
parte presentations and memoranda
summarizing oral ex parte
presentations, and all attachments
thereto, must be filed through the
electronic comment filing system
available for that proceeding, and must
be filed in their native format (e.g., .doc,
.xml, .ppt, searchable .pdf). Participants
in this proceeding should familiarize
themselves with the Commission’s ex
parte rules.
D. Filing Requirements—Comments and
Replies
11. Pursuant to sections 1.415 and
1.419 of the Commission’s rules,31
interested parties may file comments
and reply comments on or before the
dates indicated on the first page of this
document. Comments may be filed
using the Commission’s Electronic
Comment Filing System (ECFS).32
• Electronic Filers: Comments may be
filed electronically using the internet by
accessing the ECFS: https://
apps.fcc.gov/ecfs/.
• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing.
• Filings can be sent by commercial
overnight courier or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
Æ Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9050
Junction Drive, Annapolis Junction, MD
20701.
Æ U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 45 L Street NE,
Washington, DC 20554.
• Effective March 19, 2020, and until
further notice, the Commission no
longer accepts any hand or messenger
31 Id.
1.415, 1419.
Filing of Documents in Rulemaking
Proceedings, 63 FR 24121 (1998).
32 Electronic
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delivered filings. This is a temporary
measure taken to help protect the health
and safety of individuals, and to
mitigate the transmission of COVID–
19.33
12. People with Disabilities. To
request materials in accessible formats
for people with disabilities (Braille,
large print, electronic files, audio
format), send an email to fcc504@fcc.gov
or call the Consumer & Governmental
Affairs Bureau at 202–418–0530 (voice),
202–418–0432 (TTY).
IV. Ordering Clauses
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2023–14409 Filed 7–14–23; 8:45 am]
BILLING CODE 6712–01–P
33 FCC Announces Closure of FCC Headquarters
Open Window and Change in Hand-Delivery
Policy, Public Notice, 35 FCC Rcd 2788 (OMD
2020). See https://www.fcc.gov/document/fcccloses-headquarters-open-window-and-changeshand-delivery-policy.
Frm 00012
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National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 230706–0162]
RIN 0648–BM37
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Coastal
Migratory Pelagics Resources in the
Gulf of Mexico and Atlantic Region;
Framework Amendment 12
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
13. It is ordered, pursuant to the
authority found in sections 1, 4, 7, 301,
303, 307, 308, 309, 316, 319, 325(b),
336, 338, 399b, 403, 534, and 535 of the
Communications Act of 1934, as
amended, 47 U.S.C. 151, 154, 157, 301,
303, 307, 308, 309, 316, 319, 325(b),
336, 338, 399b, 403, 534, and 535, this
Fourth Further Notice of Proposed
Rulemaking is hereby adopted, effective
thirty (30) days after the date of
publication in the Federal Register.
14. It is further ordered that, pursuant
to 47 U.S.C. 155(c), the Chief, Media
Bureau, is granted delegated authority
for the purpose of amending FCC Form
2100 as necessary to implement the
licensing process adopted herein.
15. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Fourth Further Notice of Proposed
Rulemaking, including the Initial and
Final Regulatory Flexibility Analyses, to
the Chief Counsel for Advocacy of the
Small Business Administration.
PO 00000
DEPARTMENT OF COMMERCE
NMFS proposes regulations to
implement management measures
described in Framework Amendment 12
under 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 proposed rule and
Framework Amendment 12 would
modify the Gulf of Mexico (Gulf)
migratory group of king mackerel (Gulf
king mackerel) gillnet component
commercial fishing season. The purpose
of this proposed rule and Framework
Amendment 12 is to allow the Gulf king
mackerel gillnet component of the CMP
fishery to fish without interruption from
the season start date until NMFS
determines that the gillnet quota has
been met.
DATES: Written comments must be
received on or before August 16, 2023.
ADDRESSES: You may submit comments
on the proposed rule, identified by
‘‘NOAA–NMFS–2023–0075,’’ by either
of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
‘‘NOAA–NMFS–2023–0075’’, in the
Search box. Click the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Kelli O’Donnell, Southeast Regional
Office, NMFS, 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
SUMMARY:
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Federal Register / Vol. 88, No. 135 / Monday, July 17, 2023 / Proposed Rules
ddrumheller on DSK120RN23PROD with PROPOSALS1
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address),
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 the required fields if you wish to
remain anonymous).
Electronic copies of Framework
Amendment 12, which includes a
regulatory impact review, may be
obtained from the Southeast Regional
Office website at https://
www.fisheries.noaa.gov/action/
framework-12-modificationscommercial-gulf-king-mackerel-gillnetfishing-season.
FOR FURTHER INFORMATION CONTACT:
Kelli O’Donnell, telephone: 727–824–
5305, or email: Kelli.ODonnell@
noaa.gov.
SUPPLEMENTARY INFORMATION: Gulf king
mackerel is managed under the CMP
FMP prepared by the Gulf and South
Atlantic Fishery Management 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).
Background
Under the CMP FMP, the Gulf
Council has the authority to develop
framework amendments specific to
manage fishing for the Gulf migratory
group of king mackerel, which is found
in Federal waters from Texas to the
Florida Monroe/Miami-Dade County
boundary. Fishing by the Gulf king
mackerel gillnet component is allowed
only in the Gulf king mackerel southern
zone as described in 50 CFR
622.369(a)(1)(iii).
The current Gulf king mackerel gillnet
component fishing season starts
annually in January the Tuesday after
the Martin Luther King Jr. Federal
holiday. The first weekend after the
fishing season starts is open to gillnet
fishing, but all subsequent weekends
and holidays are closed to gillnet fishing
while the season remains open. The
current fishing season structure was
established in a 1999 Framework
Amendment to the CMP FMP (64 FR
45457, August 20, 1999). This fishing
season structure was based on a need to
formalize a private agreement between
the small number of gillnet participants,
which was to wait until January to fish,
so they reduced the chance of a quota
overage for the gillnet component. After
the season and first weekend opening,
subsequent weekends and holidays
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were closed to fishing because the
gillnet component could rapidly harvest
the fish and NMFS did not have the
ability to monitor landings and process
an inseason closure during weekends
and holidays. However, for the last 10
years, gillnet fishers have cooperated
with NMFS and voluntarily stopped
fishing when landings are close to
reaching the gillnet component ACL
(component quota). The gillnet fishers
then wait for NMFS to determine if
there is remaining quota available to
harvest or if the season will be closing.
Due to the low number of participants
within the Gulf king mackerel gillnet
component, and their consistent
cooperation with NMFS, NMFS expects
this practice to continue to be
successful. This cooperation also helps
ensure that landings do not exceed the
commercial gillnet component ACL,
which would result in a reduction of the
component ACL in the following fishing
year (50 CFR 622.388(a)(1)(iii)).
In 2022, the Council received a
request from Gulf king mackerel
commercial gillnet component
fishermen to remove the weekend and
holiday seasonal closures during the
fleet’s open season. The request stated
that the removal of the weekend and
holiday closures would allow the gillnet
component to be more efficient by
allowing participants to harvest the
gillnet component quota as quickly as
possible and so that they may then
return to harvesting other species. The
Council agreed that the weekend and
holiday closures are no longer
necessary.
Management Measure Contained in
This Proposed Rule
For the Gulf king mackerel
commercial gillnet component, this
proposed rule would revise the fishing
season. The current fishing season for
the Gulf king mackerel gillnet
component starts the Tuesday after the
Martin Luther King Jr. Federal holiday.
The first weekend after the fishing
season starts is open, but all subsequent
weekends and holidays are closed to
fishing while the season remains open.
Through this proposed rule the revised
the fishing season would still start the
Tuesday after the Martin Luther King Jr.
Federal holiday but with all subsequent
weekends and holidays remaining open
to fishing while the season remains
open.
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 12, the
PO 00000
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Sfmt 4702
45385
CMP FMP, other provisions of 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.
Pursuant to section 605(b) of the
Regulatory Flexibility Act (RFA), the
Chief Counsel for Regulation of the
Department of Commerce has certified
to the Chief Counsel for Advocacy of the
Small Business Administration 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 determination
follows.
A description of this proposed rule,
why it is being considered, and the
objectives of this proposed rule are
contained in the SUMMARY and
SUPPLEMENTARY INFORMATION sections of
this proposed rule. The MagnusonStevens Act provides the statutory basis
for this proposed 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 proposed rule.
This proposed rule, if implemented,
would remove the weekend and holiday
closures for the Gulf king mackerel
gillnet component fishing season and
would apply to all federally-permitted
commercial vessels that fish for or
harvest Gulf king mackerel using
gillnets in the Gulf southern zone. It
would not directly apply to federallypermitted dealers. Any change in the
supply of king mackerel available for
purchase by dealers as a result of this
proposed rule, and associated economic
effects, would be an indirect effect of
this proposed rule and would therefore
fall outside the scope of the RFA.
During 2021, there were a total of
1,389 valid or renewable Federal
commercial king mackerel permits and
16 king mackerel gillnet endorsements.
On average from 2017 through 2021,
there were 14 federally-permitted
commercial vessels with reported
landings of Gulf king mackerel using
gillnets in the southern zone. Their
average annual vessel-level gross
revenue from all species for 2017
through 2021 was $286,906 (2021
dollars), and Gulf king mackerel
harvested with gillnets accounted for
approximately 16 percent of this
revenue. For commercial vessels that
harvest Gulf king mackerel using
gillnets in the southern zone, economic
profits are estimated to range from
$12,624 to $61,972 (4.4 percent to 21.6
percent of annual gross revenue), on
average. The maximum annual revenue
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45386
Federal Register / Vol. 88, No. 135 / Monday, July 17, 2023 / Proposed Rules
ddrumheller on DSK120RN23PROD with PROPOSALS1
from all species reported by a single
vessel that harvested Gulf king mackerel
with gillnets from 2017 through 2021
was approximately $1 million (2021
dollars). It is important to note that
some commercial fishing businesses
own and operate more than one vessel.
On average from 2017 through 2021,
there were 13 commercial fishing
businesses identified that had Gulf king
mackerel gillnet landings. During this
time, these businesses earned an average
annual revenue of approximately
$637,000 (2021 dollars), and king
mackerel gillnet landings accounted for
approximately 8 percent of this revenue.
The maximum annual revenue from all
species reported by a single one of these
commercial fishing businesses from
2017 through 2021 was approximately
$2 million (2021 dollars).
For RFA purposes only, NMFS has
established a small business size
standard for businesses, including their
affiliates, whose primary industry is
commercial fishing (see 50 CFR 200.2).
A business primarily engaged in
commercial fishing (North American
Industry Classification System code
11411) 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. All of the
commercial fishing businesses directly
regulated by this proposed rule are
believed to be small entities based on
the NMFS size standard. No other small
entities that would be directly affected
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16:41 Jul 14, 2023
Jkt 259001
by this proposed rule have been
identified.
This proposed rule would modify the
fishing season for the Gulf king
mackerel gillnet component of the CMP
fishery by removing the weekend and
holiday closures. The removal of this
closure provision would be expected to
reduce fuel costs as vessels would no
longer be required to return to the docks
for weekends and holidays. It would
also allow these vessels to prosecute the
Gulf king mackerel southern zone
gillnet quota in a more timely and
efficient manner, allowing operators to
switch fishing gear sooner and attempt
to increase their harvest and revenue in
the stone crab and spiny lobster
fisheries subsequent to the gillnet
fishing season. NMFS expects that these
improvements in efficiency would
increase economic profits for the
affected small entities; however, these
economic effects cannot be quantified
with existing data.
In summary, the information provided
above supports a determination that this
proposed rule would not have a
significant economic impact on a
substantial number of small entities. As
a result, an initial regulatory flexibility
analysis is not required and none has
been prepared.
This proposed rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Gulf
of Mexico, King mackerel.
PO 00000
Frm 00014
Fmt 4702
Sfmt 9990
Dated: July 6, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, NMFS proposes to amend 50
CFR part 622 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 § 622.378, revise paragraph (a) to
read as follows:
■
§ 622.378 Seasonal closures of the Gulf
migratory group king mackerel gillnet
fishery.
(a) Seasonal closure of the gillnet
component for Gulf migratory group
king mackerel. The gillnet component
for Gulf migratory group king mackerel
in or from the southern zone is closed
each fishing year from July 1 until 6
a.m. eastern standard time on the day
after the Martin Luther King Jr. Federal
holiday. During the closure, a person
aboard a vessel using or possessing a
gillnet with a stretched-mesh size of
4.75 inches (12.1 cm) or larger in the
southern zone may not fish for or
possess Gulf migratory group king
mackerel. (See § 622.369(a)(1)(iii) for a
description of the southern zone.)
*
*
*
*
*
[FR Doc. 2023–14757 Filed 7–14–23; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 88, Number 135 (Monday, July 17, 2023)]
[Proposed Rules]
[Pages 45384-45386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14757]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 230706-0162]
RIN 0648-BM37
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Coastal Migratory Pelagics Resources in the Gulf of Mexico and Atlantic
Region; Framework Amendment 12
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes regulations to implement management measures
described in Framework Amendment 12 under 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 proposed
rule and Framework Amendment 12 would modify the Gulf of Mexico (Gulf)
migratory group of king mackerel (Gulf king mackerel) gillnet component
commercial fishing season. The purpose of this proposed rule and
Framework Amendment 12 is to allow the Gulf king mackerel gillnet
component of the CMP fishery to fish without interruption from the
season start date until NMFS determines that the gillnet quota has been
met.
DATES: Written comments must be received on or before August 16, 2023.
ADDRESSES: You may submit comments on the proposed rule, identified by
``NOAA-NMFS-2023-0075,'' by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter ``NOAA-NMFS-2023-0075'', in the Search
box. Click the ``Comment'' icon, complete the required fields, and
enter or attach your comments.
Mail: Submit written comments to Kelli O'Donnell,
Southeast Regional Office, NMFS, 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
[[Page 45385]]
and will generally be posted for public viewing on www.regulations.gov
without change. All personal identifying information (e.g., name,
address), 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 the
required fields if you wish to remain anonymous).
Electronic copies of Framework Amendment 12, which includes a
regulatory impact review, may be obtained from the Southeast Regional
Office website at https://www.fisheries.noaa.gov/action/framework-12-modifications-commercial-gulf-king-mackerel-gillnet-fishing-season.
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
and implemented through regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act).
Background
Under the CMP FMP, the Gulf Council has the authority to develop
framework amendments specific to manage fishing for the Gulf migratory
group of king mackerel, which is found in Federal waters from Texas to
the Florida Monroe/Miami-Dade County boundary. Fishing by the Gulf king
mackerel gillnet component is allowed only in the Gulf king mackerel
southern zone as described in 50 CFR 622.369(a)(1)(iii).
The current Gulf king mackerel gillnet component fishing season
starts annually in January the Tuesday after the Martin Luther King Jr.
Federal holiday. The first weekend after the fishing season starts is
open to gillnet fishing, but all subsequent weekends and holidays are
closed to gillnet fishing while the season remains open. The current
fishing season structure was established in a 1999 Framework Amendment
to the CMP FMP (64 FR 45457, August 20, 1999). This fishing season
structure was based on a need to formalize a private agreement between
the small number of gillnet participants, which was to wait until
January to fish, so they reduced the chance of a quota overage for the
gillnet component. After the season and first weekend opening,
subsequent weekends and holidays were closed to fishing because the
gillnet component could rapidly harvest the fish and NMFS did not have
the ability to monitor landings and process an inseason closure during
weekends and holidays. However, for the last 10 years, gillnet fishers
have cooperated with NMFS and voluntarily stopped fishing when landings
are close to reaching the gillnet component ACL (component quota). The
gillnet fishers then wait for NMFS to determine if there is remaining
quota available to harvest or if the season will be closing. Due to the
low number of participants within the Gulf king mackerel gillnet
component, and their consistent cooperation with NMFS, NMFS expects
this practice to continue to be successful. This cooperation also helps
ensure that landings do not exceed the commercial gillnet component
ACL, which would result in a reduction of the component ACL in the
following fishing year (50 CFR 622.388(a)(1)(iii)).
In 2022, the Council received a request from Gulf king mackerel
commercial gillnet component fishermen to remove the weekend and
holiday seasonal closures during the fleet's open season. The request
stated that the removal of the weekend and holiday closures would allow
the gillnet component to be more efficient by allowing participants to
harvest the gillnet component quota as quickly as possible and so that
they may then return to harvesting other species. The Council agreed
that the weekend and holiday closures are no longer necessary.
Management Measure Contained in This Proposed Rule
For the Gulf king mackerel commercial gillnet component, this
proposed rule would revise the fishing season. The current fishing
season for the Gulf king mackerel gillnet component starts the Tuesday
after the Martin Luther King Jr. Federal holiday. The first weekend
after the fishing season starts is open, but all subsequent weekends
and holidays are closed to fishing while the season remains open.
Through this proposed rule the revised the fishing season would still
start the Tuesday after the Martin Luther King Jr. Federal holiday but
with all subsequent weekends and holidays remaining open to fishing
while the season remains open.
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 12, the CMP FMP, other provisions
of 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.
Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA),
the Chief Counsel for Regulation of the Department of Commerce has
certified to the Chief Counsel for Advocacy of the Small Business
Administration 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 determination follows.
A description of this proposed rule, why it is being considered,
and the objectives of this proposed rule are contained in the SUMMARY
and SUPPLEMENTARY INFORMATION sections of this proposed rule. The
Magnuson-Stevens Act provides the statutory basis for this proposed
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 proposed rule.
This proposed rule, if implemented, would remove the weekend and
holiday closures for the Gulf king mackerel gillnet component fishing
season and would apply to all federally-permitted commercial vessels
that fish for or harvest Gulf king mackerel using gillnets in the Gulf
southern zone. It would not directly apply to federally-permitted
dealers. Any change in the supply of king mackerel available for
purchase by dealers as a result of this proposed rule, and associated
economic effects, would be an indirect effect of this proposed rule and
would therefore fall outside the scope of the RFA.
During 2021, there were a total of 1,389 valid or renewable Federal
commercial king mackerel permits and 16 king mackerel gillnet
endorsements. On average from 2017 through 2021, there were 14
federally-permitted commercial vessels with reported landings of Gulf
king mackerel using gillnets in the southern zone. Their average annual
vessel-level gross revenue from all species for 2017 through 2021 was
$286,906 (2021 dollars), and Gulf king mackerel harvested with gillnets
accounted for approximately 16 percent of this revenue. For commercial
vessels that harvest Gulf king mackerel using gillnets in the southern
zone, economic profits are estimated to range from $12,624 to $61,972
(4.4 percent to 21.6 percent of annual gross revenue), on average. The
maximum annual revenue
[[Page 45386]]
from all species reported by a single vessel that harvested Gulf king
mackerel with gillnets from 2017 through 2021 was approximately $1
million (2021 dollars). It is important to note that some commercial
fishing businesses own and operate more than one vessel. On average
from 2017 through 2021, there were 13 commercial fishing businesses
identified that had Gulf king mackerel gillnet landings. During this
time, these businesses earned an average annual revenue of
approximately $637,000 (2021 dollars), and king mackerel gillnet
landings accounted for approximately 8 percent of this revenue. The
maximum annual revenue from all species reported by a single one of
these commercial fishing businesses from 2017 through 2021 was
approximately $2 million (2021 dollars).
For RFA purposes only, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (see 50 CFR 200.2). A business primarily
engaged in commercial fishing (North American Industry Classification
System code 11411) 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. All of the commercial fishing businesses directly regulated
by this proposed rule are believed to be small entities based on the
NMFS size standard. No other small entities that would be directly
affected by this proposed rule have been identified.
This proposed rule would modify the fishing season for the Gulf
king mackerel gillnet component of the CMP fishery by removing the
weekend and holiday closures. The removal of this closure provision
would be expected to reduce fuel costs as vessels would no longer be
required to return to the docks for weekends and holidays. It would
also allow these vessels to prosecute the Gulf king mackerel southern
zone gillnet quota in a more timely and efficient manner, allowing
operators to switch fishing gear sooner and attempt to increase their
harvest and revenue in the stone crab and spiny lobster fisheries
subsequent to the gillnet fishing season. NMFS expects that these
improvements in efficiency would increase economic profits for the
affected small entities; however, these economic effects cannot be
quantified with existing data.
In summary, the information provided above supports a determination
that this proposed rule would not have a significant economic impact on
a substantial number of small entities. As a result, an initial
regulatory flexibility analysis is not required and none has been
prepared.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Gulf of Mexico, King mackerel.
Dated: July 6, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 622 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. 622.378, revise paragraph (a) to read as follows:
Sec. 622.378 Seasonal closures of the Gulf migratory group king
mackerel gillnet fishery.
(a) Seasonal closure of the gillnet component for Gulf migratory
group king mackerel. The gillnet component for Gulf migratory group
king mackerel in or from the southern zone is closed each fishing year
from July 1 until 6 a.m. eastern standard time on the day after the
Martin Luther King Jr. Federal holiday. During the closure, a person
aboard a vessel using or possessing a gillnet with a stretched-mesh
size of 4.75 inches (12.1 cm) or larger in the southern zone may not
fish for or possess Gulf migratory group king mackerel. (See Sec.
622.369(a)(1)(iii) for a description of the southern zone.)
* * * * *
[FR Doc. 2023-14757 Filed 7-14-23; 8:45 am]
BILLING CODE 3510-22-P
