[Federal Register Volume 79, Number 224 (Thursday, November 20, 2014)]
[Rules and Regulations]
[Pages 69058-69060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27374]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140722613-4908-02]
RIN 0648-BE31


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic 
Region; Framework Amendment 1

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

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to implement management measures 
described in a framework amendment to the Fishery Management Plan for 
the Coastal Migratory Pelagic (CMP) Resources in the Gulf of Mexico and 
Atlantic Region (FMP) (Framework Amendment 1), as prepared and 
submitted by the South Atlantic and Gulf of Mexico Fishery Management 
Councils (Councils). This rule modifies the annual catch limits (ACLs) 
for Atlantic and Gulf of Mexico (Gulf) migratory groups of Spanish 
mackerel and modifies the recreational annual catch target (ACT) for 
Atlantic migratory group Spanish mackerel, based on the results of the 
most recent stock assessments for these stocks. Framework Amendment 1 
also specifies the optimum yield and acceptable biological catch (ABC) 
estimates for Atlantic and Gulf migratory groups of Spanish mackerel. 
The purpose of this rule is to update ACLs based on the best scientific 
information available and to ensure overfishing does not occur for the 
Spanish mackerel resources in the Atlantic and Gulf.

DATES: This rule is effective December 22, 2014.

ADDRESSES: Electronic copies of the Framework Amendment, which includes 
an environmental assessment, a regulatory flexibility act analysis and 
a regulatory impact review, may be obtained from the Southeast Regional 
Office Web site at http://sero.nmfs.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Karla Gore, telephone: 727-824-5305, 
or email: <a href="/cdn-cgi/l/email-protection#8de6ecffe1eca3eae2ffe8cde3e2ececa3eae2fb"><span class="__cf_email__" data-cfemail="a1cac0d3cdc08fc6ced3c4e1cfcec0c08fc6ced7">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The CMP fishery of the South Atlantic and 
the Gulf is managed under the FMP. The FMP was prepared by the Councils 
and implemented through regulations at 50 CFR part 622 under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act).
    On July 31, 2014, NMFS published a proposed rule for Framework 
Amendment 1 and requested public comment (79 FR 44369). The proposed 
rule and Framework Amendment 1 outline the rationale for the actions 
contained in this final rule. A summary of the actions implemented by 
this final rule is provided below.

Management Measures Contained in This Final Rule

    This final rule revises the stock ACLs for Atlantic and Gulf 
migratory groups of Spanish mackerel, based on the results of the most 
recent assessments and the ABC recommendations by the Councils' 
Scientific and Statistical Committees (SSCs). Additionally, this final 
rule revises the commercial and recreational ACLs (based on previously 
determined sector allocations), the recreational ACT, and the adjusted 
commercial quota for Atlantic migratory group Spanish mackerel, based 
on the revised commercial ACL (commercial quota).

[[Page 69059]]

Revise Commercial and Recreational ACLs, and Recreational ACT for 
Atlantic Migratory Group Spanish Mackerel

    This final rule revises the stock ACL for Atlantic Migratory group 
Spanish mackerel to 6.063 million lb (2.750 million kg) and allocates 
the revised ACL based on the previously determined allocation 
distribution of 55 percent to the commercial sector and 45 percent to 
the recreational sector. Therefore, this final rule increases the 
commercial ACL (equal to the commercial quota) for Atlantic migratory 
group Spanish mackerel to 3.33 million lb (1.51 million kg) and the 
recreational ACL to 2.727 million lb (1.236 million kg). The 
recreational ACT increases to 2.364 million lb (1.072 million kg).

Revise Adjusted Quota for Atlantic Migratory Group Spanish Mackerel

    This final rule revises the adjusted commercial quota for Atlantic 
migratory group Spanish mackerel from 2.88 million (1.31 million kg) to 
3.08 million lb (1.40 million kg), based on the increase of the 
commercial ACL (commercial quota) for Atlantic migratory group Spanish 
mackerel. The adjusted quota is the quota for Atlantic migratory group 
Spanish mackerel reduced by an amount calculated to allow continued 
harvests of Atlantic migratory group Spanish mackerel at the rate of 
500 lb (227 kg) per vessel per day for the remainder of the fishing 
year after the adjusted quota is reached. Total commercial harvest is 
still subject to the ACL and an in-season closure when landings are 
projected to reach the ACL.

Revise Stock ACL for Gulf Migratory Group Spanish Mackerel

    This final rule increases the stock ACL for Gulf migratory group 
Spanish mackerel to 12.7 million lb (5.76 million kg) for the 2014-2015 
fishing year, 11.8 million lb (5.35 million kg) for the 2015-2016 
fishing year, and 11.3 million lb (5.13 million kg) for the 2016-2017 
fishing year and subsequent fishing years.

Additions to Codified Text

    This final rule also includes additions to the introductory 
paragraphs for the CMP Quotas and ACLs/AMs/ACTs sections (50 CFR 
622.384 and 50 CFR 622.388) to include language that all weights are in 
round and eviscerated weight combined, unless specified otherwise. This 
language is added to clarify that the quotas, ACLs, and ACTs are 
established using landings that are documented in both round weight 
(whole weight) and eviscerated weight (gutted weight).

Comments and Responses

    NMFS received a total of eight comment letters on the proposed 
rule, which include comments from a Federal agency, private citizens, 
recreational fishermen, and commercial fishermen. The Federal agency 
stated it had no comments. Two comments were received in support of the 
proposed rule. Specific comments on the proposed rule and NMFS' 
respective responses are summarized below.
    Comment 1: There is no need to increase the harvest of Spanish 
mackerel. A precautionary approach should be used and catch should be 
maintained at current levels.
    Response: NMFS disagrees that catch should be maintained at current 
levels. The increased catch levels are expected to enhance social and 
economic benefits to fishermen and fishing communities that utilize the 
Atlantic and Gulf Spanish mackerel migratory groups, while having no 
negative impacts on the stocks. Based on the most recent Southeast 
Data, Assessment, and Review (SEDAR) stock assessments for Gulf and 
Atlantic Spanish mackerel the Councils' SSCs determined that the catch 
levels for Atlantic and Gulf Spanish mackerel could be increased 
without negatively impacting the stocks. The stock assessment results 
indicated that the stocks are healthy and the SSCs established a buffer 
between the ABCs and the overfishing levels to account for scientific 
uncertainty. The Southeast Fisheries Science Center concluded that the 
increased ABCs and ACLs for Atlantic and Gulf migratory groups of 
Spanish mackerel are based upon the best scientific information 
available.
    Comment 2: Increasing the harvest of Spanish mackerel could result 
in an increase in bycatch of ladyfish, bluefish, and other species in 
the northern Gulf.
    Response: NMFS disagrees that increasing catch levels for the 
Atlantic and Gulf migratory groups of Spanish mackerel will result in 
increased bycatch. A bycatch practicability analysis was included in 
Framework Amendment 1 and indicates that the Spanish mackerel portion 
of the CMP fishery has relatively low levels of bycatch. The analysis 
concludes that these low levels of bycatch are not expected to change 
as a result of implementation of the amendment.
    Comment 3: The recreational sector allocation for Atlantic 
migratory group Spanish mackerel should be set equal to the commercial 
sector allocation.
    Response: Framework Amendment 1 and this final rule do not address 
the sector allocations for Atlantic migratory group Spanish mackerel 
that were established in 1999 (64 FR 45457) and this comment is 
therefore beyond the scope of this rule.
    Comment 4: One comment states that the recreational bag limit for 
Atlantic migratory group Spanish mackerel should not be increased from 
10 fish per person per day to 15 fish per person per day. Another 
comment indicates the bag limit for Atlantic migratory group Spanish 
mackerel should be reduced from 15 fish per person per day to 10 fish 
per person per day.
    Response: Framework Amendment 1 and this final rule do not address 
the recreational bag limit for Spanish mackerel and this comment is 
therefore beyond the scope of this rule.
    Comment 5: With the increase in the ACL, the minimum size limit for 
Gulf migratory group Spanish mackerel should be increased from 12 
inches (30.5 cm) fork length (FL) to 15 inches (38.1 cm) FL. Most of 
the fish caught are larger than 15 inches (38.1 cm) total length.
    Response: Framework Amendment 1 and this final rule do not address 
the minimum size limit for Gulf migratory group Spanish mackerel and 
this comment is therefore beyond the scope of this rule.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
that this final rule is necessary for the conservation and management 
of Atlantic and Gulf migratory groups of Spanish mackerel and is 
consistent with Framework Amendment 1, the FMP, the Magnuson-Stevens 
Act and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for this certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding the certification and NMFS has not received any new 
information that would affect its determination. No changes to the 
final rule were made in response to public comments. As a result, a 
regulatory flexibility analysis was not required and none was prepared.

[[Page 69060]]

List of Subjects in 50 CFR Part 622

    Annual catch limit, Annual catch target, Fisheries, Fishing, Gulf, 
Quotas, South Atlantic, Spanish mackerel.

    Dated: November 4, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 622 is amended 
as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH 
ATLANTIC

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

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

0
2. In Sec.  622.384, a sentence is added at the end of the introductory 
text and paragraph (c)(2) is revised to read as follows:


Sec.  622.384  Quotas.

    * * * All weights are in round and eviscerated weight combined, 
unless specified otherwise.
* * * * *
    (c) * * *
    (2) Atlantic migratory group. The commercial quota for the Atlantic 
migratory group of Spanish mackerel is 3.33 million lb (1.51 million 
kg).
* * * * *

0
3. In Sec.  622.385, the first sentence in paragraph (b)(2) is revised 
to read as follows:


Sec.  622.385  Commercial trip limits.

* * * * *
    (b) * * *
    (2) For the purpose of paragraph (b)(1)(ii) of this section, the 
adjusted quota is 3.08 million lb (1.40 million kg). * * *
* * * * *

0
4. In Sec.  622.388, introductory text is added and paragraphs (c)(3), 
(d)(3), and the last two sentences of paragraph (d)(2)(i) are revised 
to read as follows:


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

    All weights are in round and eviscerated weight combined, unless 
specified otherwise.
* * * * *
    (c) * * *
    (3) The stock ACL for Gulf migratory group Spanish mackerel is 12.7 
million lb (5.76 million kg) for the 2014-2015 fishing year, 11.8 
million lb (5.35 million kg) for the 2015-2016 fishing year, and 11.3 
million lb (5.13 million kg) for the 2016-2017 fishing year and 
subsequent fishing years.
    (d) * * *
    (2) * * *
    (i) * * * The recreational ACT for the Atlantic migratory group is 
2.364 million lb (1.072 million kg). The recreational ACL for the 
Atlantic migratory group is 2.727 million lb (1.236 million kg).
* * * * *
    (3) The stock ACL for Atlantic migratory group Spanish mackerel is 
6.063 million lb (2.76 million kg).
* * * * *
[FR Doc. 2014-27374 Filed 11-19-14; 8:45 am]
BILLING CODE 3510-22-P


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