**[FINAL]{.underline}**

**FRAMEWORK ADJUSTMENT UNDER THE FISHERY MANAGEMENT PLAN FOR THE COASTAL
MIGRATORY PELAGIC RESOURCES (MACKERELS) IN THE GULF OF MEXICO AND SOUTH
ATLANTIC REGION**

**(Including Regulatory Impact Review,**

**Social Impact Assessment/Fishery Impact Statement, and Environmental
Assessment)**

**OCTOBER 2007**

South Atlantic Fishery Management Council

4055 Faber Place Drive, Suite 201

North Charleston, South Carolina 29405

\(843\) 571-4366 / FAX (843) 769-4520

Toll Free (866) SAFMC-10

email: <safmc@safmc.net>

[http://www.safmc.net](http://www.safmc.net/)

Mid-Atlantic Fishery Management Council

Suite 2115 Federal Bldg.

300 S. New Street

Dover, Delaware 19904-6726

\(302\) 674-2331 / FAX (302) 674-5399

email: <info@mafmc.org>

National Marine Fisheries Service

Southeast Regional Office

263 13^th^ Avenue South

St. Petersburg, Florida 33701

\(727\) 824-5301 / FAX (727) 824-5308

[http://sero.nmfs.noaa.gov](http://sero.nmfs.noaa.gov/)

*This is a publication of the South Atlantic Marine Fisheries Council
pursuant to National Oceanic and Atmospheric Administration Award and
NA05NMF4410004*

**Table of Contents**

Acronyms/Abbreviations used in this document iii

Executive Summary iv

Environmental Assessment (EA) Cover Sheet vi

Fishery Impact Statement / Social Impact Assessment (FIS/SIA) viii

1.  **INTRODUCTION 1**

    1.  Background 1

    2.  History of Management 1

2.  **PURPOSE AND NEED 7**

3.  **MANAGEMENT ALTERNATIVES FOR MACKEREL TRIP LIMITS 8**

    1.  Action 1 8

4.  **REGULATORY IMPACT REVIEW 10**

    1.  Introduction 10

    2.  Problems and Objectives 10

    3.  Methodology and Framework for Analysis 10

    4.  Description of Fisheries 10

    5.  Impacts of Mackerel Trip Limits 11

    6.  Public and Private Costs of Regulations 11

    7.  Summary of Economic Benefits 11

    8.  Determination of Significant Regulatory Action 12

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4.  **REGULATORY FLEXIBILITY ACT ANALYSIS 13**

5.  **AFFECTED ENVIRONMENT 16**

    1.  Physical Environment 16

    2.  Biological Environment 16

        1.  Biology and Life History 16

        2.  Status of the Stocks 17

        3.  Weather Impacts 18

    3.  Current Management 19

    4.  Economic Environment 22

        1.  Status of the Fishery 22

            1.  Commercial Fishery 22

            2.  Recreational Fishery 28

            3.  Permit Ownership 34

    5.  Social Environment 37

        1.  Measures of Fishing Dependence 37

        2.  Mackerel Fishing Communities 37

    6.  Administrative Environment 38

        1.  Federal Fishery Management 38

        2.  State Fishery Management 39

6.  **ENVIRONMENTAL CONSEQUENCES 40**

    1.  Direct and Indirect Effects on the Biological and Physical
        Environment 40

        1.  Action 1 40

    2.  Direct and Indirect Effects on the Economic Environment 40

        1.  Action 1 40

    3.  Direct and Indirect Effects on the Social Environment 41

        1.  Action 1 41

    4.  Direct and Indirect Effects on the Administrative Environment 42

    5.  Mitigation Measures 42

    6.  Cumulative Effects 43

    7.  Unavoidable Adverse Effects 43

    8.  Relationship between Short-Term Uses and Long-Term Productivity
        44

    9.  Irreversible and Irretrievable Commitments of Resources 44

    10. Any Other Disclosures 44

7.  **FINDING OF NO SIGNIFICANT IMPACT 45**

8.  **OTHER APPLICABLE LAW 50**

    1.  Administrative Procedures Act 50

    2.  Coastal Zone Management Act 51

    3.  Data Quality Act 51

    4.  Endangered Species Act 51

    5.  Executive Orders 53

    6.  Marine Mammal Protection Act 54

    7.  Paperwork Reduction Act 55

    8.  Small Business Act 55

    9.  Essential Fish Habitat 56

9.  **LIST OF PREPARERS 58**

10. **REFERENCES 59**

11. **APPENDICES**

> **Appendix A. Community Dependence on Mackerel Fisheries A-1**

**Acronyms/Abbreviations used in this document**

ABC Acceptable Biological Catch

AP Advisory Panel

B Biomass

BMSY Stock biomass capable of producing maximum sustainable yield

CEQ Council on Environmental Quality

cm Centimeters

CMP Coastal Migratory Pelagics

CZMA Coastal Zone Management Act

DSEIS/SEIS Draft/Supplemental Environmental Impact Statement

EA Environmental Assessment

EEZ Exclusive Economic Zone (also known as federal waters)

EFH Essential Fish Habitat

F Rate of instantaneous fishing mortality, a measure of the rate at
which fish are removed from the population by fishing.

FL Fork Length

FMSY F that can sustain maximum sustainable yield

FMP Fishery Management Plan

GMFMC Gulf of Mexico Fishery Management Council

IFQ Individual Fishing Quota

ITQ Individual Transferable Quota

m Meters

MAFMC Mid-Atlantic Fishery Management Council

MFMT Maximum Fishing Mortality Threshold

MP Million Pounds

MSAP Mackerel Stock Assessment Panel

M-SFCMA Magnuson-Stevens Fishery Conservation and Management Act

MSST Minimum Stock Size Threshold

MSY Maximum Sustainable Yield

NEPA National Environmental Policy Act

NMFS National Marine Fisheries Service

NOAA National Oceanic and Atmospheric Administration

OY Optimum Yield

RA Regional Administrator (NMFS Southeast Regional Office) (formerly
Regional Director

RFA Regulatory Flexibility Act of 1980

RIR Regulatory Impact Review

SAFMC South Atlantic Fishery Management Council

SERO Southeast Regional Office

SFD Sustainable Fisheries Division

SPR Spawning Potential Ratio

SSC Scientific and Statistical Committee

SEFSC Southeast Fisheries Science Center

TAC Total Allowable Catch

TL Total Length

####### Executive Summary 

To extend the current trip limits for Spanish mackerel to track the new
fishing year as stated in Amendment 15 (in June 2006), the South
Atlantic and Mid-Atlantic Councils are proposing to make one change to
existing management measures.

This change corrects an unintended inconsistency in Amendment 15.
Amendment 15 changed the fishing year to March-February from
April-March, but did not specify, contrary to Council intent, that the
3,500-pound trip limit should apply in March-November rather than
April-November. The proposed change assures that fishermen will be able
to fish under the 3,500-pound trip limit in March when there are few
other fishing opportunities. For example, the red porgy fishery is
closed January through April, and the gag and black grouper fisheries
are closed in March and April.

The purpose of this framework action is to propose a management change
to align current trip limits with the new fishing year in the Atlantic
Spanish mackerel fishery. The Councils initiated this action in June
2006.

**Action 1: Commercial Atlantic migratory group Spanish mackerel trip
limits**

> Alternative 1: No action
>
> Alternative 2: Change the start date for the 3,500 pound trip limit
> *in the southern zone* to March 1 ~~and the end of the fishing year to
> the end of February~~ **(Preferred)**

Note: The statement *"\...and the end of the fishing year to the end of
February"* is really unnecessary as part of the alternative. The end of
the fishing year was changed in Amendment 15. The current regulations
for trip limits for Atlantic migratory group Spanish mackerel at
622.44(b)(1)(ii)(D) state: "After 100 percent of the adjusted quota is
taken through the end of the fishing year, in amounts not exceeding 500
pounds." Similarly, in 622.44(b)(2), it continues with "The adjusted
quota is \... calculated to allow continued harvests ... at the rate of
500 pounds (227 kg) per vessel per day for the remainder of the fishing
year after the adjusted quota is reached." Previously, at 622.43(a) (3),
which refers to fishery closures, it is stated that: "The closure
provisions of this paragraph (a)(3) do not apply to Atlantic migratory
group Spanish mackerel, which are managed under the commercial trip
limits specified in § 622.44(b) in lieu of the closure provisions of
this section."

**Alternatives 1 and 2** are identical except that **Alternative 2**
specifies for the 3,500 trip limit to begin in March instead of April.
The Council chose **Alternative 2** as the preferred. Under
**Alternatives 1 and 2**, after December 1^st^ and until 75% of the
adjusted allocation is taken, vessels are able to take an unlimited
amount on weekdays and 1,500 pounds on weekend days. More restrictive
trip limits apply after 75% of the adjusted allocation is taken until
the end of the fishing season. **Alternative 2** ensures that fishermen
will be able to fish in March under the 3,500-pound trip limit during a
month when there are few other fishing opportunities and at a time of
year (Lent) when ex-vessel prices are typically at their highest. This
provides increased total landings stability for communities and
increased financial stability for fishermen and their families.

**Alternative 2** is not expected to affect the biological environment
because it will not change the methods or gears used for harvest, only
the amount landed per trip during the month of March. Changing the trip
limit will not impact stock status. Biological protection is provided
through setting the TAC and preventing overages. There are no expected
changes to the physical environment.

Administrative impacts under **Alternative 2** are expected to be
slightly higher than administrative impacts under **Alternative 1**.

**Summary of Environmental Consequences**

The potential consequences of each alternative within each action are
illustrated in the following table. For a full discussion of the
environmental consequences, see Section 7. Plus (+) indicates an overall
positive benefit, minus (-) indicates an overall negative impact, and
"na" indicates not applicable. If an alternative is not expected to have
an impact, this is indicated with a "0".

Summary of Environmental Consequences

  -------- ---------- ----------- ------------ ---------- --------- ----------------
                      Preferred   Biological   Economic   Social    Administrative

  Action 1 Alt 1      na          na           na         na        na

           Alt 2 vs   **X**       0            \+         \+        \-
           Alt 1                                                    
  -------- ---------- ----------- ------------ ---------- --------- ----------------

**Environmental Assessment (EA) Cover Sheet**

South Atlantic Fishery Management Council National Marine Fisheries
Service

4055 Faber Place Drive, Suite 201 Southeast Regional Office

North Charleston, SC 29405 263 13th Avenue South

843-571-4366 St. Petersburg, Florida 33701

843-769-4520 (FAX) 727-824-5305

[http://www.safmc.net](http://www.safmc.net/) 727-824-5308 (FAX)

Contact person: Kate Quigley or Gregg Waugh
[http://sero.nmfs.noaa.gov](http://sero.nmfs.noaa.gov/)

Contact person: Steve Branstetter

Mid-Atlantic Fishery Management Council

Suite 2115 Federal Bldg.

300 S. New Street

Dover, Delaware 19904-6726

302-674-2331

302-674-5399 (FAX)

[**http://www.mafmc.org**](http://www.mafmc.org/)

Name of Action

South Atlantic, Gulf of Mexico, and Mid-Atlantic Fishery Management
Councils' Mackerel Actions for the Coastal Migratory Pelagics Fishery
Management Plan

Type of Action

\(X\) Administrative ( ) Legislative

( ) Draft (X) Final

Summary

To extend the current trip limits for Spanish mackerel to track the new
fishing year as stated in Amendment 15 (in June 2006), the Councils are
proposing to:

1)  Change the Atlantic migratory group Spanish mackerel trip limits to
    track the new fishing year (March 1 -- end of February).

Amendment 15 established a new fishing year for Spanish mackerel from
April 1 -- March 31 to March 1 -- end of February. For Atlantic group
Spanish mackerel, the change in the fishing year was made to potentially
ameliorate the possibility of closures in the mackerel fisheries during
the month of March when fisheries for other species, such as some
snapper grouper species, are closed. However, when the new fishing year
was established, the trip limits were not adjusted to the new fishing
year. This framework adjustment proposes extending the southern zone
trip limits currently used to track the new fishing year.

**Public hearings were held as follows: all hearings began at 6:00 PM.**

1\. March 6, 2007 - Jekyll Island Club, 371 Riverview Drive, Jekyll
Island, GA 31527. 912/635-2600

2\. March 12, 2007 - Hampton Inn St. Augustine Beach, 430 A1A Beach
Boulevard, St. Augustine, FL 32080; phone 904/471-4000

3\. March 13, 2007 -- Hutchinson Island Marriott, 555 N.E. Ocean
Boulevard, Stuart, FL 34996; phone 772/225-3700

4\. March 14, 2007 -- Sombrero Cay Club Resort, 19 Sombrero Boulevard,
Marathon, FL 33050; phone 305/743-2250

5\. March 18, 2007 -- Hatteras Civic Center, Highway 12, Hatteras, NC
27943; phone 252/986-2810.

6\. March 19, 2007 -- Crystal Coast Civic Center, 3505 Arendell Street,
Morehead City, NC 28557; phone 252/247-3883

7\. March 20, 2007 -- Shell Island Resort, 2700 N. Lumina Avenue,
Wrightsville Beach, NC 28480; phone 910/256-8696

8\. March 21, 2007 -- Baywatch Resort, 2701 S. Ocean Boulevard, North
Myrtle Beach, SC 29582; phone 843/272-4600

9\. March 27, 2007 -- Hampton Inn, 678 Citadel Haven Drive, Charleston,
SC 29414; phone 843/573-1200

Written comments were accepted in the Council office through 5 p.m. on
April 10, 2007.

Public hearing minutes and written comments (including emails) are
available from the Council office.

Fishery Impact Statement / Social Impact Assessment (FIS/SIA)

Regulations impose restrictions on fishery participants, which can
result in adverse effects on fishermen and fishing communities. This
FIS/SIA evaluates the effects of changing when the Atlantic migratory
group Spanish mackerel trip limits begin in the southern zone.

######## Atlantic migratory group Spanish mackerel trip limits

There are two alternative management measures proposed for the Atlantic
migratory group Spanish mackerel trip limits. The first alternative
would maintain the status quo in the southern zone. The second
alternative is exactly the same as **Alternative 1** except that the
3,500 pound trip limit begins in March instead of April in the southern
zone. **Alternative 2** enables fishermen in the southern zone to fish
under the 3,500-pound trip limit during a month when there are few other
fishing opportunities and at a time of year when ex-vessel prices are
typically at their highest without risking unlimited catches. This
provides increased total landings stability for communities and
increased financial stability for fishermen and their families that
result in an expected positive social impact.

A more detailed analysis of the impacts on fishery participants and
their communities is found in Sections 4, 5, and 7 of this document.
Appendix A contains background information on fishing communities.

1 INTRODUCTION

0.  **1.1 Background**

This framework action proposes one change to the current management of
Atlantic migratory groups of Spanish mackerel: an extension of current
trip limits in the southern zone to track the new fishing year for
Spanish mackerel.

Amendment 15 established a new fishing year for Spanish mackerel from
April 1 -- March 31 to March 1 -- end of February. For Atlantic group
Spanish mackerel, the change in the fishing year was made to potentially
ameliorate the possibility of a closure in the Atlantic Spanish mackerel
fishery during the month of March when fisheries for other species, such
as some snapper grouper, are closed. However, when the new fishing year
was established, the trip limits were not adjusted to the new fishing
year. This amendment proposes extending the southern zone trip limits
currently used to track the new fishing year.

To extend the current trip limits for Spanish mackerel to track the new
fishing year as stated in Amendment 15 (in June 2006), the Councils are
proposing to:

> 1\) Change the Atlantic migratory group Spanish mackerel trip limits
> to track the new fishing year (March 1 -- end of February).

1.  **1.2 History of Management**

The Coastal Migratory Pelagics FMP, with Environmental Impact Statement
(EIS), was approved in 1982 and implemented by regulations effective in
February of 1983. Managed species included king mackerel, Spanish
mackerel, and cobia. The FMP treated king and Spanish mackerel as unit
stocks in the Atlantic and Gulf of Mexico. The FMP established
allocations for the recreational and commercial sectors harvesting these
stocks, and the commercial allocations were divided between net and
hook-and-line fishermen.

[Amendments]{.underline}

**Amendment 1**, with EIS, implemented in September of 1985, provided a
framework procedure for pre-season adjustment of Total Allowable Catch
(TAC), revised the estimate of king mackerel maximum sustainable yield
(MSY) downward, recognized separate Atlantic and Gulf migratory groups
of king mackerel (Figure 1), and established fishing permits and bag
limits for king mackerel. Commercial allocations among gear users,
except purse seines that were allowed 6% of the commercial allocation of
TAC, were eliminated. The Atlantic TAC for king mackerel was divided
62.9% recreational and 37.1% commercial. The Gulf TAC for king mackerel
was divided into Eastern and Western Zones for the purpose of regional
allocation, with 69% of the remaining allocation provided to the Eastern
Zone and 31% to the Western Zone. Amendment 1 also established minimum
size limits for Spanish mackerel at 12 inches fork length (FL) or 14
inches total length (TL) and for cobia at 33 inches FL or 37 inches TL.

**Amendment 2**, with environmental assessment (EA), implemented in July
of 1987, revised Spanish mackerel MSY downward, recognized two migratory
groups (Figure 1b), established allocations of TAC for the commercial
and recreational sectors, and set commercial quotas and bag limits.
Charterboat permits were required, and it was clarified that TAC must be
set below the upper range of Acceptable Biological Catch (ABC). The use
of purse seines on overfished stocks was prohibited and their allocation
of TAC was redistributed under the 69%/31% split.

**Amendment 3**, with EA, was partially approved in August 1989,
revised, resubmitted, and approved in April 1990. It prohibited drift
gill nets for coastal pelagics and purse seines for the overfished
groups of mackerels.

**Amendment 4**, with EA, implemented in October 1989, reallocated
Atlantic group Spanish mackerel equally between recreational and
commercial fishermen.

**Amendment 5**, with EA, implemented in August 1990, made the following
changes in the management regime:

-   Extended the management area for Atlantic groups of mackerels
    through the --Mid-Atlantic Fishery Management Council's (MAFMC) area
    of jurisdiction;

-   Revised problems in the fishery and plan objectives;

-   Revised the fishing year for Gulf Spanish mackerel from July-June to
    April-March;

-   Revised the definition of "overfishing";

-   Added cobia to the annual stock assessment procedure;

-   Provided that the South Atlantic Fishery Management Council (SAFMC)
    will be responsible for pre-season adjustments of TACs and bag
    limits for the Atlantic migratory groups of mackerels while the Gulf
    of Mexico Fishery Management Council (GMFMC) will be responsible for
    Gulf migratory groups;

-   Continued to manage the two recognized Gulf migratory groups of king
    mackerel as one until management measures appropriate to the eastern
    and western groups can be determined;

-   Re-defined recreational bag limits as daily limits;

-   Deleted a provision specifying that bag limit catch of mackerel may
    be sold;

-   Provided guidelines for corporate commercial vessel permits;

-   Specified that Gulf group king mackerel may be taken only by
    hook-and-line and run-around gill nets;

-   Imposed a bag and possession limit of two cobia per person per day;
    and

-   Established a minimum size of 12 inches (30.5 cm) FL or 14 inches
    (35.6 cm) TL for king mackerel and included a definition of
    "conflict" to provide guidance to the Secretary.

**Amendment 6**, with EA, implemented in November of 1992, made the
following changes:

-   Identified additional problems and an objective in the fishery;

-   Provided for rebuilding overfished stocks of mackerels within
    specific periods;

-   Provided for biennial assessments and adjustments;

-   Provided for more seasonal adjustment actions;

-   Allowed for Gulf king mackerel stock identification and allocation
    when appropriate;

-   Provided for commercial Atlantic Spanish mackerel possession limits;

-   Changed commercial permit requirements to allow qualification in one
    of three preceding years;

-   Discontinued the reversion of the bag limit to zero when the
    recreational allocation is filled;

-   Modified the recreational fishing year to the calendar year; and

-   Changed the minimum size limit for king mackerel to 20 inches FL,
    and changed all size limit measures to fork length only.

**Amendment 7**, with EA, implemented in November 1994, equally divided
the Gulf commercial allocation in the Eastern Zone at the
Miami-Dade/Monroe County line on the Florida East Coasts. The
suballocation for the area from Monroe County through Western Florida is
equally divided between commercial hook-and-line and net gear users.

**Amendment 8**, with EA, implemented March 1998, made the following
changes to the management regime:

-   Clarified ambiguity about allowable gear specifications for the Gulf
    group king mackerel fishery by allowing only hook-and-line and
    run-around gill nets. However, catch by permitted, multi-species
    vessels and bycatch allowances for purse seines were maintained;

-   Established allowable gear in the SAFMC and MAFMC areas as well as
    providing for the NMFS Regional Administrator to authorize the use
    of experimental gear;

-   Established the Councils' intent to evaluate the impacts of
    permanent jurisdictional boundaries between the GMFMC and SAFMC and
    development of separate FMPs for coastal pelagics in these areas;

-   Established a moratorium on commercial king mackerel permits until
    no later than October 15, 2000, with a qualification date for
    initial participation of October 16, 1995;

-   Increased the income requirement for a king or Spanish mackerel
    permit to 25% of earned income or \$10,000 from commercial sale of
    catch or charter or headboat fishing in 1 of the 3 previous calendar
    years, but allowed for a 1-year grace period to qualify under
    permits that are transferred;

-   Legalized retention of up to 5 cut-off (damaged) king mackerel on
    vessels with commercial trip limits;

-   Set an optimum yield (OY) target at 30% static spawning potential
    ratio (SPR) for the Gulf and 40% static SPR for the Atlantic;

-   Provided the SAFMC with authority to set vessel trip limits, closed
    seasons or areas, and gear restrictions for Gulf group king mackerel
    in the North Area of the Eastern Zone (Miami-Dade/Monroe to
    Volusia/Flagler County lines);

-   Established various data consideration and reporting requirements
    under the framework procedure;

-   Modified the seasonal framework adjustment measures and
    specifications; and

-   Expanded the management area for cobia through the MAFMC's area of
    jurisdiction (New York).

**Amendment 9**, with EA, implemented in April 2000, made the following
changes to the management regime:

-   Reallocated the percentage of the Gulf migratory group king mackerel
    commercial allocation of TAC for the North Area (Florida east coast)
    and South/West Area (Florida west coast) of the Eastern Zone to
    46.15% North and 53.85% South/West and retained the recreational and
    commercial allocations of TAC at 68% recreational and 32%
    commercial;

-   Subdivided the commercial hook-and-line king mackerel allocation for
    the Gulf migratory group, Eastern Zone, South/West Area (Florida
    west coast) by establishing 2 subzones with a dividing line between
    the 2 subzones at the Collier/Lee County line;

-   Established regional allocations for the west coast of Florida based
    on the 2 subzones with 7.5% of the Eastern Zone allocation of TAC
    being allowed from Subzone 2 and the remaining 92.5% being allocated
    as follows:

    -   50% - Florida east coast

    -   50% - Florida west coast that is further subdivided:

        -   50% - Net Fishery

        -   50% - Hook-and-Line Fishery

-   Established a trip limit of 3,000 pounds per vessel per trip for the
    Western Zone;

-   Established a moratorium on the issuance of commercial king mackerel
    gill-net endorsements and allow re-issuance of gill-net endorsements
    to only those vessels that: (1) had a commercial mackerel permit
    with a gill-net endorsement on or before the moratorium control date
    of October 16, 1995 (Amendment 8), and (2) had landings of king
    mackerel using a gill net in one of the two fishing years 1995-96 or
    1996-97 as verified by the National Marine Fisheries Service (NMFS)
    or trip tickets from the Florida Department of Environmental
    Protection (FDEP); allowed transfer of gill-net endorsements to
    immediate family members (son, daughter, father, mother, or spouse)
    only; and prohibited the use of gill nets or any other net gear for
    the harvest of Gulf migratory group king mackerel north of an
    east/west line at the Collier/Lee County line;

-   Increased the minimum size limit for Gulf migratory group king
    mackerel from 20 inches to 24 inches FL; and

-   Allowed the retention and sale of cut-off (damaged), legal-sized
    king and Spanish mackerel within established trip limits.

**Amendment 10**, with Supplemental Environmental Impact Statement
(SEIS), approved June 1999, incorporated essential fish habitat (EFH)
provisions for the SAFMC.

**Amendment 11**, with SEIS, partially approved in December 1999,
included proposals for mackerel in the SAFMC's Comprehensive Amendment
Addressing Sustainable Fishery Act Definitions and other Provisions in
Fishery Management Plans of the South Atlantic Region.

**Amendment 12**, with EA, implemented October 2000, extended the
commercial king mackerel permit moratorium from its expiration date of
October 15, 2000, to October 15, 2005, or until replaced with a license
limitation, limited access, and/or individual fishing quota or
individual transferable quota system, whichever occurs earlier.

**Amendment 13**, with SEIS, implemented August 19, 2002, established
two marine reserves in the EEZ of the Gulf in the vicinity of the Dry
Tortugas, Florida known as Tortugas North and Tortugas South in which
fishing for coastal migratory pelagic species is prohibited. This action
complements previous actions taken under the National Marine Sanctuaries
Act.

**Amendment 14**, with EA, implemented July 29, 2002, established a
3-year moratorium on the issuance of charter vessel and headboat Gulf
migratory group king mackerel permits in the Gulf unless replaced by a
comprehensive effort limitation system. The control date for eligibility
was established as March 29, 2001. The amendment also included other
provisions for eligibility, application, appeals, and transferability.

**Amendment 15**, with EA, implemented August 8, 2005, established an
indefinite limited access program for the king mackerel fishery in the
exclusive economic zone under the jurisdiction of the Gulf of Mexico,
South Atlantic, and Mid-Atlantic Fishery Management Councils and changed
the fishing season to March 1 through February 28/29 for the Atlantic
groups of king and Spanish mackerel.

**Amendment 16** has been bypassed.

**Amendment 17**, with EIS, established a limited access system for
charter vessel/headboat (for-hire) permits for the coastal migratory
pelagic fisheries in the exclusive economic zone (EEZ) of the Gulf of
Mexico and continued to cap participation at current levels. In
addition, several minor revisions were made to remove outdated
regulatory text and to clarify regulatory text.

**Amendment 18** is currently being developed to establish two separate
fishery management plans with a fixed boundary on the lower Florida East
Coast.

![](media/image1.jpeg){width="6.0in" height="7.592361111111111in"}

Figure 1. Boundary between Atlantic and Gulf Migratory Groups of Spanish
mackerel. (Source: Council Staff)

**2 PURPOSE AND NEED**

The purpose of this framework adjustment is to align current southern
zone trip limits with the new fishing year in the Spanish mackerel
fishery. The South Atlantic, Gulf of Mexico, and Mid-Atlantic Fishery
Management Councils (Councils) initiated this amendment in June 2006. A
March-February fishing year for Spanish mackerel was established from
April 1 -- March 31 to March 1 -- end of February in Amendment 15,
replacing an April-March fishing year in order to prevent the
possibility of multiple commercial fishery closures at the same time.
(For example, the red porgy fishery is closed January through April, and
the gag and black grouper fisheries are closed in March and April.) This
amendment applies the 3,500-pound trip limit to March-November rather
than to April-November and this is consistent with the March-February
fishing year.

Changing the period when the 3,500-pound trip limit applies from
April-November to March-November supports the redefinition of the
fishing year for Atlantic group Spanish mackerel. Extending current trip
limits for Atlantic Spanish mackerel to track the new fishing year
supports redefinition of the fishing year for Atlantic group Spanish
mackerel.

**3 MANAGEMENT ALTERNATIVES FOR MACKEREL TRIP LIMITS**

> **3.1 Action 1 - Change the Atlantic Migratory Group Spanish mackerel
> trip limits to track the new fishing year (March 1 -- end of
> February)**

[Background for Action 1]{.underline}:

In Amendment 15, the fishing year was changed from April 1 through March
31 to March 1 through the end of February for the Atlantic migratory
groups of king and Spanish mackerel. Beginning the fishing year on March
1 ensures the mackerel fisheries in the Atlantic are open during March
when several other fisheries are closed. To achieve the objective of
making the change in the fishing season, it is necessary to adjust the
trip limits to track the new fishing year in the southern zone. The trip
limit in the northern zone remains at 3,500 pounds all year. The current
trip limit in the southern zone allows for 3,500 pounds per vessel per
day April 1 -- November 30 and allows for other trip limits following
November 30, as described below.

**Alternative 1.** Status Quo (no action) *for the southern zone* -- The
possession limits are as follows:

1.  April 1 -- November 30 -- 3,500 pounds per vessel per day.

2.  December 1 until 75% of the adjusted allocation is taken:

> Monday -- Friday Unlimited
>
> Other days 1,500 pounds
>
> (Vessel fishing days begin at 6:00am and extend until 6:00am the
> following day, and vessels must be unloaded by 6:00pm of that
> following day.)

3.  After 75% of the adjusted allocation is taken 1,500 pounds per
    vessel per day for all days.

4.  When 100% of the adjusted allocation is reached: 500 pounds per
    vessel per day to the end of the fishing year. Adjusted allocation
    compensates for estimated catches of 500 pounds per vessel per day
    to the end of the season; that is, the fishery does not close.

Alternative 2: Change the start date for the 3,500 pound trip limit *in
the southern zone* to March 1 ~~and the end of the fishing year to the
end of February~~ **(Preferred)**

1.  March 1 -- November 30 -- 3,500 pounds per vessel per day.

2.  December 1 until 75% of the adjusted allocation is taken:

> Monday -- Friday Unlimited
>
> Other days 1,500 pounds
>
> (Vessel fishing days begin at 6:00am and extend until 6:00am the
> following day, and vessels must be unloaded by 6:00pm of that
> following day.)

3.  After 75% of the adjusted allocation is taken 1,500 pounds per
    vessel per day for all days.

4.  When 100% of the adjusted allocation is reached: 500 pounds per
    vessel per day to the end of the fishing year (end of February).
    Adjusted allocation compensates for estimated catches of 500 pounds
    per vessel per day to the end of the season; that is, the fishery
    does not close.

[Discussion -- Action 1 - Economic and Social Impacts]{.underline}

**Alternative 1** (status quo) specifies 3,500-pound trip limits for
April-November in the southern zone (Florida east coast) even though
Amendment 15 (implemented August 8, 2005) changed the fishing year from
April-March to March-February. After November, other trip limits apply.
Despite the inconsistency, which may have implications to the contrary,
the fishery appears to have behaved much as it did in the past in terms
of landings, landings per trip, and number of trips, judging by
available data.

**Alternative 1** provides the economic and social basis for comparison
to other alternatives. The economic analyses presented below for
Alternative 1 are summarized from a more thorough discussion of the
methods and economic and social impacts of the proposed change to the
Atlantic migratory group Spanish mackerel trip limits in Section 7 of
this document.

Preferred **Alternative 2** corrects the inconsistency in Amendment 15.
**Alternative 2** specifies 3,500-pound trip limits for March-November
in the southern zone (Florida east coast) and is consistent with
Amendment 15 (implemented August 8, 2005) which changed the fishing year
from April-March to March-February. After December 1^st^ and until 75%
of the adjusted allocation is taken, vessels are able to take an
unlimited amount on weekdays and 1,500 pounds on weekend days under both
alternatives. More restrictive trip limits apply after 75% of the
adjusted allocation is taken. After 100% of the adjusted allocation is
taken, the trip limit is reduced to 500 pounds in the southern zone
through the end of the fishing year, and no closure occurs for the
commercial fishery for Atlantic migratory group Spanish mackerel.

**Alternative 2** assures that fishermen will be able to fish under the
3,500-pound trip limit in March when there are few other fishing
opportunities. It also assures that Spanish mackerel can be harvested
during Lent when ex-vessel prices are typically at their highest point
of the year. **Alternative 2** is expected to provide increased total
landings stability for communities and increased financial stability for
fishermen and their families.

[Discussion -- Action 1 -- Biological, Physical, and Administrative
Impacts]{.underline}

Changing the trip limit in the southern zone will not impact stock
status. Biological protection is provided through setting the TAC and
preventing overages. There are no expected changes to the physical
environment.

There would be some administrative impacts from implementing the change
in trip limits.

**4.0 REGULATORY IMPACT REVIEW**

0.  **4.1 Introduction**

Executive Order 12866 requires a Regulatory Impact Review (RIR) for all
regulatory actions that are of public interest. The RIR does three
things: (1) it provides a comprehensive review of the level and
incidence of impacts associated with a regulatory action; (2) it
provides a review of the problems and policy objectives prompting the
regulatory proposals and an evaluation of the major alternatives which
could be used to solve the problem; and (3) it ensures that the
regulatory agency systematically and comprehensively considers all
available alternatives so that the public welfare can be enhanced in the
most efficient and cost effective way.

The RIR also serves as the basis for determining whether any proposed
regulations are a "significant regulatory action" under certain criteria
provided in Executive Order 12866 (E.O. 12866) and whether the approved
regulations will have a "significant economic impact on a substantial
number of small business entities" in compliance with the Regulatory
Flexibility Act of 1980 (RFA).

1.  **4.2 Problems and Objectives**

The purpose and need, issues, problems, and objectives of the proposed
amendment are presented in Section 2.0 and are incorporated herein by
reference. In summary, the purpose of this framework action is to
support the goal for implementing the new fishing season for Atlantic
migratory group Spanish mackerel in Amendment 15 to the Coastal
Migratory Pelagics Fishery Management Plan (CMP FMP).

2.  **4.3 Methodology and Framework for Analysis**

This RIR assesses management measures from the standpoint of determining
the resulting changes in costs and benefits to society. To the extent
practicable, the net effects should be stated in terms of producer
surplus, changes in profits, employment in the direct and support
industries, and participation by commercial fishermen. However, much of
this information does not exist for the fisheries that the proposed
actions in this document refer to. Therefore, for commercial fishing,
the impacts of the proposed actions are described in terms of projected
changes in landings and estimated annual revenues. For recreational
fishing, the impacts of the proposed actions are described in terms of
projected changes in catch.

0.  **4.4 Description of Fisheries**

The commercial and recreational fishery for Atlantic migratory group
Spanish mackerel are described in Section 6.3 and 6.4 and incorporated
herein by reference.

**4.5 Impacts of Mackerel Trip Limits**

This proposed framework action considers two alternatives to set the
trip limit for Atlantic migratory group Spanish mackerel. The impacts
associated with the alternatives are described in Section 7.2 and 7.3
and incorporated herein by reference. However, a summary is provided for
this action.

[Atlantic migratory group Spanish mackerel trip limits -
Summary]{.underline}: **Alternative 1** (status quo) specifies a
3,500-pound trip limit for April-November in the southern zone (Florida
east coast) even though Amendment 15 (implemented August 8, 2005)
changed the fishing year from April-March to March-February.
**Alternative 2** specifies a 3,500-pound trip limit for March-November
in the southern zone (Florida east coast) and is consistent with
Amendment 15. Despite the inconsistency in Amendment 15, which may have
implications to the contrary, the fishery appears to have behaved much
as it did in the past in March, judging by available data. **Alternative
2** assures that fishermen will be able to fish in March under the
3,500-pound trip limit. It is expected to provide increased total
landings stability for communities and increased financial stability for
fishermen and their families.

3.  **4.6 Public and Private Costs of Regulations**

The preparation, implementation, enforcement, and monitoring of this or
any Federal action involves the expenditure of public and private
resources which can be expressed as costs associated with the
regulations. Costs associated with this regulatory amendment are shown
in Table 1.

**Table 1.** Administrative cost information associated with the
amendment.

  ------------------------------------------------------ ----------------
  **Cost**                                               **Total**

  Council costs of document preparation, meetings,       \$100,000
  public hearings, and information dissemination         

  NOAA fisheries administrative costs of document        \$100,000
  preparation, meetings and review                       

  Annual law enforcement costs                           unknown

  TOTAL                                                  \$200,000
  ------------------------------------------------------ ----------------

4.  **4.7 Summary of Economic Impacts**

######## Action 1. Atlantic migratory group Spanish mackerel trip limit.

The proposed action is expected to have positive economic benefits.

5.  **4.8 Determination of Significant Regulatory Action**

Pursuant to executive Order (E.O.) 12866, a regulation is considered a
"significant action" if it: (1) has an annual effect on the economy of
\$100 million or more or adversely affects in a material way the
economy, a sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or state, local, or tribal
governments or communities; (2) creates a serious inconsistency or
otherwise interfere with an action taken or planned by another agency;
(3) materially alters the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights and obligations of recipients
thereof; or (4) raises novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
E.O. 12866.

No revenue losses are expected as a result of Action 1. The proposed
action will not meet the \$100 million threshold, nor are there expected
to be any significant adverse effects on prices, employment, or
competition. Also, this action is not expected to adversely affect the
environment, public health or safety, or state, local, or tribal
governments or communities, nor interfere or create inconsistency with
any action of another agency, including state fishing agencies. No
effects on the budgetary impact of entitlements, grants, user fees, or
loan programs or the rights and obligations of recipients thereof have
been identified. This action represents normal management options or
practices and, therefore, does not raise novel legal or policy issues.

Since the proposed regulatory action will not meet any of the conditions
listed above, it is determined that the proposed rule, if implemented,
would not constitute a significant regulatory action under E.O. 12866.