12166 Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Proposed Rules 

landings of CMP species by these 

vessels were entirely of CMP species 

harvested from the MPAs, the average 

adverse economic impact of the 

proposed rule would be $2,948 annually 

per vessel for 77 CMP federally 

permitted vessels. However, that is 

highly unlikely. The MPAs are small 

and represent a relatively small 

percentage of the Gulf EEZ. MadisonSwanson is 115 nmi2 (394 km2) and 

Steamboat Lumps is 104 nmi2 (357 

km2). Moreover, the MPAs are 

considered as relatively poor 

destinations for successful surface 

trolling. Therefore, NMFS expects any 

adverse economic impact of a yearround surface trolling prohibition on the 

74 small commercial fishing businesses 

to be minimal. 

Currently, possession of Gulf reef fish 

year-round or any other species of fish 

from November through April, 

including CMP species, is prohibited in 

the MPAs, except on a vessel in transit 

with fishing gear appropriately stowed. 

Under the proposed rule, the possession 

of any species of Gulf reef fish would be 

prohibited year-round in the MPAs, 

except for a vessel with a valid Federal 

commercial Gulf reef fish permit, which 

is required to have an operating 

satellite-based VMS, that is in transit 

with fishing gear stowed. 

Under the proposed rule, the 411 

small businesses that operate the 587 

for-hire fishing vessels that have a forhire reef fish permit, but do not have a 

Gulf commercial reef fish permit, would 

no longer be able to transit through the 

MPAs with reef fish onboard. It is 

unknown how many, if any, of the 587 

for-hire vessels transit through the 

MPAs with reef fish onboard. However, 

because of the relatively small size of 

the MPAs and the distance between 

them, NMFS expects that any of those 

vessels could relatively easily avoid 

transiting through the MPAs if they 

have reef fish on board and any 

additional cost to transit around the 

MPAs would be minimal. 

From the above, NMFS expects any 

impacts from the proposed rule on small 

businesses in the commercial fishing 

and for-hire fishing industries to be 

minimal. Therefore, NMFS concludes 

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 

Fisheries, Fishing, Gulf of Mexico, 

Marine protected area, Reef fish. 

Dated: February 22, 2021. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 622 is proposed 

to be amended as follows: 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF OF MEXICO, AND 

SOUTH ATLANTIC 

■ 1. The authority citation for part 622 

continues to read as follows: 

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

■ 2. Amend § 622.34 by: 

■ a. Revising paragraph (a) introductory 

text and paragraphs (a)(2) and (3), and 

■ b. Removing paragraphs (a)(5) and (6). 

The revisions read as follows: 

§ 622.34 Seasonal and area closures 

designed to protect Gulf reef fish. 

(a) Closure provisions applicable to 

the Madison and Swanson sites, 

Steamboat Lumps, and the Edges. For 

the purpose of this paragraph (a), fish 

means finfish, mollusks, crustaceans, 

and all other forms of marine animal 

and plant life other than marine 

mammals and birds. The provisions of 

this paragraph (a) do not apply to 

Atlantic highly migratory species, such 

as tunas, billfishes, and oceanic sharks. 

See 50 CFR part 635 for any provisions 

applicable to fishing for or possession of 

Atlantic highly migratory species in 

these areas. 

* * * * * 

(2) Within the Madison and Swanson 

sites and Steamboat Lumps: Fishing is 

prohibited year-round; possession of 

Gulf reef fish is prohibited year-round 

except when such possession is on a 

vessel that has been issued a valid 

Federal commercial permit for Gulf reef 

fish, has an operating satellite-based 

VMS unit, and is in transit with fishing 

gear stowed as specified in paragraph 

(a)(4) of this section; and possession of 

any non-Gulf reef fish species is 

prohibited year-round, except for such 

possession on a vessel in transit with 

fishing gear stowed as specified in 

paragraph (a)(4) of this section. 

(3) Within the Edges during January 

through April each year, all fishing is 

prohibited and the possession of any 

fish species is prohibited, except for 

such possession on a vessel in transit 

with fishing gear appropriately stowed 

as specified in paragraph (a)(4) of this 

section. 

* * * * * 

[FR Doc. 2021–04178 Filed 3–1–21; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 210224–0029] 

RIN 0648–BK22 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Dolphin 

and Wahoo Fishery off the Atlantic 

States; 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 Amendment 12 to the 

Fishery Management Plan (FMP) for the 

Dolphin and Wahoo Fishery off the 

Atlantic States (Dolphin Wahoo FMP), 

as prepared and submitted by the South 

Atlantic Fishery Management Council 

(Council). This proposed rule would 

add bullet mackerel and frigate 

mackerel to the Dolphin Wahoo FMP 

and designate them as ecosystem 

component (EC) species. The purpose of 

this proposed rule and Amendment 12 

is to acknowledge the ecological role of 

bullet mackerel and frigate mackerel as 

forage fish and to achieve the ecosystem 

management objectives in the Dolphin 

Wahoo FMP. 

DATES: Written comments must be 

received on or before April 1, 2021. 

ADDRESSES: You may submit comments 

on the proposed rule, identified by 

‘‘NOAA–NMFS–2020–0146,’’ 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–2020–0146’’, in the 

Search box. Click the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Nikhil Mehta, 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 


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Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Proposed Rules 12167 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address), 

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 Amendment 12, 

which includes a fishery impact 

statement and a regulatory impact 

review, may be obtained from the 

Southeast Regional Office website at 

https://www.fisheries.noaa.gov/action/ 

amendment-12-add-bullet-mackereland-frigate-mackerel-ecosystemcomponent-species. 

FOR FURTHER INFORMATION CONTACT: 

Nikhil Mehta, telephone: 727–824– 

5305, or email: nikhil.mehta@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

dolphin and wahoo fishery off the 

Atlantic states is managed under the 

FMP. The FMP was prepared by the 

Council 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 

The Council manages dolphin and 

wahoo under the Dolphin Wahoo FMP 

in Federal waters off the Atlantic states 

from Maine south to the Florida Keys in 

the Atlantic. In the western North 

Atlantic, bullet mackerel are found from 

Cape Cod to the Gulf of Mexico, and 

frigate mackerel are found mostly from 

North Carolina to Florida. As described 

in Amendment 12, both bullet mackerel 

and frigate mackerel are found in the 

diets of dolphin and wahoo in the North 

Atlantic. In particular, wahoo has been 

demonstrated to have a strong dietary 

reliance on bullet and frigate mackerel, 

indicating that these mackerel species 

are the most dominant forage species 

observed in the diets of wahoo. Dolphin 

tend to have more diverse diets than 

wahoo and have a lower reliance on 

these mackerel species as prey. 

Additionally, bullet and frigate 

mackerel have been identified as 

important forage species for other 

offshore pelagic predatory species in the 

Atlantic such as blue marlin and 

yellowfin tuna. Bullet mackerel feed on 

a variety of prey, especially clupeoids 

(i.e., herrings and sardines), crustaceans, 

and squids. Frigate mackerel feed on a 

variety of fish, squid, and small 

crustaceans. Therefore, given their 

presence as a common forage fish and 

prey food source, bullet mackerel and 

frigate mackerel are an important 

component of the marine environment 

in the Atlantic. There is no stock 

assessment for dolphin, wahoo, bullet 

mackerel, or frigate mackerel. In 

Atlantic Federal waters, dolphin and 

wahoo are targeted both commercially 

and recreationally. Annual reported 

commercial and recreational landings of 

bullet mackerel and frigate mackerel are 

low along the entire Atlantic coastline. 

Regulations implemented under the 

Magnuson-Stevens Act define EC 

species as ‘‘stocks that a Council or the 

Secretary has determined do not require 

conservation and management, but 

desire to list in a FMP in order to 

achieve ecosystem management 

objectives’’ (50 CFR 600.305(d)(13)). 

National Standards (NS) General 

guidelines state that a Council should 

consider a non-exhaustive list of 10 

factors when deciding whether 

additional stocks require Federal 

conservation and management (50 CFR 

600.305(c)(1)). The proposed EC 

designation for bullet and frigate 

mackerel was recommended to the 

Council by the Council’s Scientific and 

Statistical Committee (SSC), their 

Dolphin Wahoo Advisory Panel (AP), 

and the Habitat Protection and 

Ecosystem-Based Management (Habitat) 

AP, and received extensive positive 

comments from the public during 

scoping of Amendment 12. The Dolphin 

Wahoo AP and Habitat AP members 

acknowledged that wahoo, in particular, 

target these mackerel species as prey. 

The AP members also stated that the 

Council should consider a conservative 

approach to ensure there are no major 

increases in the harvest of bullet 

mackerel and frigate mackerel in the 

foreseeable future as a result of any EC 

designation. This designation would 

address the Council’s growing emphasis 

on developing ecosystem management 

approaches to fisheries management and 

advancing ecosystem management 

objectives in the Dolphin Wahoo FMP. 

The extent to which the low landings 

of bullet mackerel and frigate mackerel 

occur within the dolphin and wahoo 

fishery is unknown; however, it is 

unlikely that these species are often 

harvested in conjunction with efforts to 

target dolphin and wahoo, especially in 

the commercial sector. Bullet and frigate 

mackerel have largely been landed 

commercially in the Mid-Atlantic region 

using gill net, pound net, float trap, and 

otter trawl gear, none of which are 

allowable gear types in the dolphin and 

wahoo fishery. Recreational landings of 

bullet and frigate mackerel have largely 

occurred in the South Atlantic Region, 

with some limited catches reported from 

the Mid-Atlantic Region. Furthermore, 

recreational fishermen have also noted 

that these species are used as bait for 

tuna and billfish, such as blue marlin. 

NMFS and the Council have determined 

that bullet mackerel and frigate 

mackerel are currently not in need of 

conservation and management, making 

them eligible for consideration as EC 

species. This preliminary eligibility 

determination was done after 

consideration of the provisions within 

the NS Guidelines and requirements of 

the Magnuson-Stevens Act. 

Furthermore, adding bullet mackerel 

and frigate mackerel to the Dolphin 

Wahoo FMP as EC species meets the 

FMP’s ecosystem management 

objectives (50 CFR 600.305(c)(5) and 

600.310(d)(1)). 

Management Measures Contained in 

This Proposed Rule 

This proposed rule would add bullet 

mackerel and frigate mackerel to the 

Dolphin Wahoo FMP and designate 

them as EC species. This proposed rule 

would add no additional management 

measures to the Dolphin Wahoo FMP as 

a result of this EC species designation, 

either for bullet and frigate mackerel, or 

for dolphin and wahoo. 

The proposed rule could be expected 

to result in potential indirect benefits 

such as increased awareness among the 

fishermen, fishing communities, data 

collecting agencies, and regulatory 

entities managing dolphin, wahoo, 

bullet mackerel, and frigate mackerel. If 

landings for these two mackerel species 

were to greatly increase in the future to 

unsustainable levels, fisheries managers 

could be made aware of the changing 

stock status before the stocks are 

depleted, which may have subsequent 

beneficial effects on populations of 

several economically important 

predatory fish species, including 

dolphin, wahoo, blue marlin, and 

yellowfin tuna. 

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 Amendment 12, the Dolphin and 

Wahoo 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. 

The Magnuson-Stevens Act provides 

the legal basis for this proposed rule. No 

duplicative, overlapping, or conflicting 

Federal rules have been identified. In 


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12168 Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Proposed Rules 

addition, no new reporting and recordkeeping requirements are introduced by 

this proposed rule. Accordingly, the 

Paperwork Reduction Act does not 

apply to this proposed rule. A 

description of this proposed rule, why 

it is being considered, and the purposes 

of this proposed rule are contained in 

the preamble and in the SUMMARY

section of this proposed rule. The 

objective of this proposed rule is to 

acknowledge the ecological role of 

bullet mackerel and frigate mackerel as 

forage fish in general and specifically as 

prey for wahoo. 

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 rule, if 

adopted, will not have a significant 

economic impact on a substantial 

number of small entities. A description 

of the factual basis for this 

determination follows. 

This proposed rule, if implemented, 

would add bullet mackerel and frigate 

mackerel to the Dolphin and Wahoo 

FMP as EC species. Even though this 

proposed rule would alter the existing 

regulations to indicate that bullet 

mackerel and frigate mackerel are EC 

species in the Dolphin and Wahoo FMP, 

it would not implement any new 

management measures, and, therefore, is 

administrative in nature. As such, this 

proposed rule would not directly 

regulate any small entities. 

Because this proposed rule, if 

implemented, is not expected to directly 

regulate any small entities, it is not 

expected to affect a substantial number 

of small entities. Further, because no 

entities are expected to be affected by 

this proposed rule, the profits of small 

entities are also not expected to change, 

and thus no economic impacts on small 

entities are expected. 

Because this proposed rule, if 

implemented, would not have a 

significant economic impact on a 

substantial number of small entities, an 

initial regulatory flexibility analysis is 

not required and none has been 

prepared. 

List of Subjects in 50 CFR Part 622 

Atlantic, Dolphin, Ecosystem species, 

Fisheries, Fishing, Wahoo. 

Dated: February 24, 2021. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 622, is proposed 

to be amended as follows: 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF OF MEXICO, AND 

SOUTH ATLANTIC 

■ 1. The authority citation for part 622 

continues to read as follows:

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

■ 2. Add Table 6 to Appendix A to part 

622 to read as follows:

* * * * * 

Appendix A to Part 622—Species 

Tables 

* * * * * 

Table 6 of Appendix A to Part 622— 

Atlantic Dolphin and Wahoo 

Dolphin, Coryphaena equiselis or 

Coryphaena hippurus 

Wahoo, Acanthocybium solandri 

The following species are designated 

as ecosystem component species: 

Bullet mackerel, Auxis rochei 

Frigate mackerel, Auxis thazard 

[FR Doc. 2021–04265 Filed 3–1–21; 8:45 am] 

BILLING CODE 3510–22–P 


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