80 FR 19056 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region; Framework Amendment
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 68 (April 9, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 68 (April 9, 2015)
| Page Range | 19056-19058 | |
| FR Document | 2015-08069 |
[Federal Register Volume 80, Number 68 (Thursday, April 9, 2015)] [Proposed Rules] [Pages 19056-19058] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-08069] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 140819687-5314-01] RIN 0648-BE40 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region; Framework Amendment AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. ----------------------------------------------------------------------- SUMMARY: NMFS proposes to implement management measures described in Framework Amendment 2 to the Fishery Management Plan (FMP) for the Coastal Migratory Pelagic (CMP) Resources in the Gulf of Mexico and Atlantic Region (Framework Amendment 2), as prepared and submitted by the South Atlantic and Gulf of Mexico Fishery Management Councils (Councils). If implemented, this proposed rule would remove the unlimited commercial trip limit for Spanish mackerel in Federal waters off the east coast of Florida on weekdays beginning December 1 of each year. Since the trip limit system has been in place, fishery conditions and regulations have changed. This proposed rule intends to modify the current trip limit system to better fit the current fishery conditions and catch limits for Atlantic migratory group Spanish mackerel in the southern zone, while increasing social and economic benefits of the CMP fishery. DATES: NMFS must receive written comments on the proposed rule by May 11, 2015. ADDRESSES: You may submit comments on the proposed rule, identified by ``NOAA-NMFS-2014-0136'' by any of the following methods:Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0136, click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments. Mail: Submit written comments to Karla Gore, 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 and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), 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). Framework Amendment 2 to the FMP, which includes an environmental assessment and a regulatory impact review, is available from www.regulations.gov or the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov. FOR FURTHER INFORMATION CONTACT: Karla Gore, NMFS Southeast Regional [[Page 19057]] Office, telephone: 727-824-5305, or email: [email protected]. SUPPLEMENTARY INFORMATION: The CMP fishery of the South Atlantic and Gulf of Mexico (Gulf) includes Spanish mackerel and 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). Background The Magnuson-Stevens Act requires that NMFS and regional fishery management councils prevent overfishing and achieve, on a continuing basis, the optimum yield from federally managed fish stocks. These mandates are intended to ensure that fishery resources are managed for the greatest overall benefit to the nation, particularly with respect to providing food production and recreational opportunities, and protecting marine ecosystems. To further this goal, the Magnuson- Stevens Act requires fishery managers to minimize bycatch and bycatch mortality to the extent practicable. Management Measure Contained in This Proposed Rule This proposed rule would modify the commercial trip limit system for Atlantic migratory group Spanish mackerel. Since the current trip limit regime has been in place, changes in fishery conditions, such as an increase of the commercial annual catch limit (ACL), have necessitated modifications to some elements of the current trip limit system. Currently, the commercial trip limit for Atlantic migratory group Spanish mackerel in Federal waters off the eastern coast of Florida is 3,500 lb (1,588 kg) from the start of the fishing year on March 1 through November 30. Starting December 1, there is no trip limit on weekdays, and the trip limit is 1,500 lb (680 kg) on weekends. There is no trip limit on weekdays until 75 percent of the adjusted quota (set at 250,000 lb (113,400 kg) below the commercial ACL (adjusted quota)) is landed, after which the trip limit is 1,500 lb (680 kg) every day. When 100 percent of the adjusted quota is reached, the trip limit is reduced to 500 lb (227 kg) until the end of the fishing year or until the full quota is met or projected to be met. The adjusted quota provides a buffer to help prevent the commercial sector from exceeding the commercial ACL. North of a line extending offshore from the state boundary of Georgia and Florida, the trip limit in Federal waters is 3,500 lb (1,588 kg) year-round. The lack of a commercial trip limit for Atlantic migratory group Spanish mackerel in Federal waters off the eastern coast of Florida on weekdays beginning December 1 may contribute to early closures. Therefore, this proposed rule would establish a trip limit of 3,500 lb (1,588 kg) for Spanish mackerel in Federal waters offshore of South Carolina, Georgia, and eastern Florida, which is the area recently established by the final rule implementing Amendment 20B to the FMP as the southern zone (80 FR 4216, January 27, 2015). When 75 percent of the adjusted southern zone quota (2,417,330 lb (1,096,482 kg)) is met or projected to be met, the trip limit would be reduced to 1,500 lb (680 kg). When 100 percent of the adjusted southern zone quota is met or projected to be met, the trip limit would be reduced to 500 lb (227 kg) until the end of the fishing year or until the southern zone commercial quota is met or projected to be met, at which time the commercial sector in the southern zone would be closed to harvest of Spanish mackerel. The modified system of trip limits described above would remove the unlimited weekday trip limit to control harvest more effectively. 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 the FMP, other provisions of the Magnuson-Stevens Act, and other applicable laws, subject to further consideration after public comment. This proposed 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 (SBA) that this proposed rule, if implemented, would not have a significant economic impact on a substantial number of small entities. The factual basis for this determination is as follows: The objective of this proposed rule is to respond to changing fishery characteristics for the Atlantic migratory group Spanish mackerel component of the CMP fishery, reduce the complexity of the commercial trip limit system for this component, and increase social and economic benefits while ensuring resource protection. The Magnuson- Stevens Act provides the statutory basis for this proposed rule. If implemented, NMFS expects this proposed rule to directly affect all commercial fishing vessels that harvest Atlantic migratory group Spanish mackerel. A Federal commercial permit is required to harvest Spanish mackerel in the Atlantic exclusive economic zone (EEZ) in excess of the bag limit and to sell these species. On May 6, 2014, 1,729 vessels possessed a valid Federal commercial Spanish mackerel permit. A valid permit is a permit that has not expired and may be actively fished. Because the Federal commercial Spanish mackerel permit is an open access permit, expired permits are not renewed; if a permit expires before renewal, a new permit would be issued (if applied for) instead of renewal of the expired permit. The Federal commercial Spanish mackerel permit allows fishermen to harvest commercial quantities of Atlantic and Gulf migratory group Spanish mackerel in the Atlantic and the Gulf EEZ. Over the 2007-2008 through 2011-2012 fishing years (March through February), an average of 387 vessels per year recorded harvests of Atlantic migratory group Spanish mackerel. More recent data on vessel identification and harvest revenues from all fishing activity by these vessels are not available. Therefore, NMFS expects this proposed rule would affect an estimated 387 commercial fishing vessels per year. NMFS has not identified any other small entities that this proposed rule would be expected to directly affect. The SBA has established size criteria for all major industry sectors in the U.S., including commercial fish harvesters. A business involved in commercial fish harvesting 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 $20.5 million (NAICS code 114111, finfish fishing) for all its affiliated operations worldwide. The estimated average annual gross revenue from all fishing activity by a commercial vessel that harvests Atlantic migratory group Spanish mackerel is approximately $32,100 (2013 dollars). Because the average annual revenue estimate provided above is significantly less than the SBA revenue threshold for this sector, all commercial vessels expected to be directly affected by this proposed rule are believed to be small business entities. This proposed rule would not require any new reporting, record- keeping, or other compliance requirements associated with reporting or record-keeping that may require professional skills. If implemented, NMFS expects the effects of this proposed rule to range from no economic effects to a small [[Page 19058]] increase in revenue to directly affected fishing vessels. Analysis of the economic effects of the proposed rule was conducted with and without 2012-2013 harvest data, which is the most recent final data available. The commercial harvest of Atlantic migratory group Spanish mackerel in 2012-2013 was approximately 3.15 million pounds (mp), compared to harvests in excess of 4 mp in the previous three fishing years. Commercial harvests of Atlantic migratory group Spanish mackerel have shown a cyclical harvest pattern of high, medium, and low harvests on approximately a three-year cycle. As a result, removal of data for the low harvest in 2012-2013 from the analysis may capture the potential effects of the proposed rule under high and low harvest rates. Based on data from the 2003-2004 through 2012-2013 fishing years, i.e., inclusive of 2012-2013 data, the proposed rule would be expected to result in a gain in revenue to all directly affected vessels combined of approximately $74,000 (2013 dollars), or approximately $190 per vessel. If data from the 2012-2013 fishing year are excluded from the analysis, the proposed rule would be expected to result in the same total harvest and revenue as the status quo. Although the actual effects may be between these estimates, neither harvest scenario would be expected to result in a reduction in revenue, or profit, to any directly affected small entities as a result of the proposed rule. Instead, this proposed rule would be expected to have a small beneficial to no economic effect on the affected small entities. As a result, this proposed rule, if implemented, would not be expected to have a significant economic effect on a substantial number of small entities and an initial regulatory flexibility analysis is not required and none has been prepared. List of Subjects in 50 CFR Part 622 Annual catch limit, Fisheries, Fishing, Gulf of Mexico, Quotas, South Atlantic, Spanish mackerel. Dated: April 2, 2015. Eileen Sobeck, Assistant Administrator for Fisheries, 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 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. 622.385, paragraphs (b)(1) and (2) are revised to read as follows: Sec. 622.385 Commercial trip limits. * * * * * (b) * * * (1) Atlantic migratory group. The following trip limits apply to vessels for which commercial permits for Spanish mackerel have been issued, as required under Sec. 622.370(a)(3). (i) Northern zone. Spanish mackerel in or from the EEZ may not be possessed on board or landed in a day from a vessel for which a permit for Spanish mackerel has been issued, as required under Sec. 622.370(a)(3), in amounts exceeding 3,500 lb (1,588 kg). (ii) Southern zone. Spanish mackerel in or from the EEZ may not be possessed on board or landed in a day from a vessel for which a permit for Spanish mackerel has been issued, as required under Sec. 622.370(a)(3)-- (A) From March 1 until 75 percent of the adjusted quota for the southern zone has been reached or is projected to be reached, in amounts exceeding 3,500 lb (1,588 kg). (B) After 75 percent of the adjusted quota for the southern zone has been reached or is projected to be reached, in amounts exceeding 1,500 lb (680 kg). (C) After 100 percent of the adjusted quota for the southern zone has been reached or is projected to be reached, and until the end of the fishing year or the southern zone's quota has been reached or projected to be reached, in amounts exceeding 500 lb (227 kg). See Sec. 622.384(e) for limitations regarding Atlantic migratory group Spanish mackerel after the southern zone's quota is reached. (2) For the purpose of paragraph (b)(1)(ii) of this section, the adjusted quota for the southern zone is 2,417,330 lb (1,096,482 kg). The adjusted quota for the southern zone is the quota for the Atlantic migratory group Spanish mackerel southern zone reduced by an amount calculated to allow continued harvest 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 in the southern zone is still subject to the southern zone quota and accountability measures. By filing a notification with the Office of the Federal Register, the Assistant Administrator will announce when 75 percent and 100 percent of the adjusted quota are reached or is projected to be reached. * * * * * [FR Doc. 2015-08069 Filed 4-8-15; 8:45 am] BILLING CODE 3510-22-P
![19056 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules
Paperwork Reduction Act of 1995 (44 Proposed Regulation Promulgation Framework Amendment 2 to the Fishery
U.S.C. 3501 et seq.) Accordingly, we propose to further Management Plan (FMP) for the Coastal
This rule does not contain any new amend part 17, subchapter B of chapter Migratory Pelagic (CMP) Resources in
collections of information that require I, title 50 of the Code of Federal the Gulf of Mexico and Atlantic Region
approval by the Office of Management Regulations, as proposed to be amended (Framework Amendment 2), as prepared
and Budget (OMB) under the Paperwork at 79 FR 10077 (February 24, 2014) as and submitted by the South Atlantic
Reduction Act. This rule will not set forth below: and Gulf of Mexico Fishery
impose recordkeeping or reporting Management Councils (Councils). If
requirements on State or local PART 17—[AMENDED] implemented, this proposed rule would
governments, individuals, businesses, or remove the unlimited commercial trip
organizations. An agency may not ■ 1. The authority citation for part 17 limit for Spanish mackerel in Federal
conduct or sponsor, and a person is not continues to read as follows: waters off the east coast of Florida on
required to respond to, a collection of Authority: 16 U.S.C. 1361–1407; 1531– weekdays beginning December 1 of each
information unless it displays a 1544; 4201–4245; unless otherwise noted. year. Since the trip limit system has
currently valid OMB control number. been in place, fishery conditions and
■ 2. Amend § 17.43 by revising regulations have changed. This
National Environmental Policy Act (42 paragraph (e)(2), as proposed to be proposed rule intends to modify the
U.S.C. 4321 et seq.) added on February 24, 2014 (79 FR current trip limit system to better fit the
We have prepared a draft 10077), to read as follows: current fishery conditions and catch
environmental assessment, as defined § 17.43 Special rules—amphibians. limits for Atlantic migratory group
under the authority of the National * * * * * Spanish mackerel in the southern zone,
Environmental Policy Act of 1969. For (e) * * * while increasing social and economic
information on how to obtain a copy of (2) Exemptions from prohibitions. benefits of the CMP fishery.
the draft environmental assessment, see Incidental take of the Georgetown DATES: NMFS must receive written
ADDRESSES, above. comments on the proposed rule by May
salamander will not be considered a
Government-to-Government violation of section 9 of the Act if the 11, 2015.
Relationship With Tribes take occurs on privately owned, State, ADDRESSES: You may submit comments
or county land from regulated activities on the proposed rule, identified by
In accordance with the President’s
that are conducted consistent with the ‘‘NOAA–NMFS–2014–0136’’ by any of
memorandum of April 29, 1994
water quality protection measures the following methods:
(Government-to-Government Relations • Electronic Submission: Submit all
with Native American Tribal contained in chapter 11.07 and
Appendix A of the City of Georgetown electronic public comments via the
Governments; 59 FR 22951), Executive Federal e-Rulemaking Portal. Go to
Order 13175 (Consultation and (Texas) Unified Development Code
(UDC) dated February 24, 2015. www.regulations.gov/
Coordination with Indian Tribal
* * * * * #!docketDetail;D=NOAA-NMFS-2014-
Governments), and the Department of
0136, click the ‘‘Comment Now!’’ icon,
the Interior’s manual at 512 DM 2, we Dated: March 31, 2015. complete the required fields, and enter
readily acknowledge our responsibility Robert Dreher, or attach your comments.
to communicate meaningfully with Acting Director, U.S. Fish and Wildlife • Mail: Submit written comments to
recognized Federal Tribes on a Service. Karla Gore, Southeast Regional Office,
government-to-government basis. In [FR Doc. 2015–08093 Filed 4–8–15; 8:45 am] NMFS, 263 13th Avenue South St.,
accordance with Secretarial Order 3206 Petersburg, FL 33701.
BILLING CODE 4310–55–P
of June 5, 1997 (American Indian Tribal Instructions: Comments sent by any
Rights, Federal-Tribal Trust other method, to any other address or
Responsibilities, and the Endangered individual, or received after the end of
Species Act), we readily acknowledge DEPARTMENT OF COMMERCE
the comment period, may not be
our responsibilities to work directly National Oceanic and Atmospheric considered by NMFS. All comments
with tribes in developing programs for Administration received are a part of the public record
healthy ecosystems, to acknowledge that and will generally be posted for public
tribal lands are not subject to the same 50 CFR Part 622 viewing on www.regulations.gov
controls as Federal public lands, to without change. All personal identifying
remain sensitive to Indian culture, and [Docket No. 140819687–5314–01]
information (e.g., name, address, etc.),
to make information available to tribes. RIN 0648–BE40 confidential business information, or
We determined that there are no known otherwise sensitive information
tribal lands within the range of the Fisheries of the Caribbean, Gulf of submitted voluntarily by the sender will
Georgetown salamander. Mexico, and South Atlantic; Coastal be publicly accessible. NMFS will
Authors Migratory Pelagic Resources in the accept anonymous comments (enter ‘‘N/
Gulf of Mexico and Atlantic Region; A’’ in the required fields if you wish to
The primary authors of this proposed Framework Amendment
rule are the staff members of the Austin remain anonymous).
AGENCY: National Marine Fisheries Framework Amendment 2 to the FMP,
Ecological Services Field Office (see FOR
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Service (NMFS), National Oceanic and which includes an environmental
FURTHER INFORMATION CONTACT) and the
Atmospheric Administration (NOAA), assessment and a regulatory impact
Southwest Regional Office.
Commerce. review, is available from
List of Subjects in 50 CFR Part 17 www.regulations.gov or the Southeast
ACTION: Proposed rule; request for
Endangered and threatened species, Regional Office Web site at http://
comments. sero.nmfs.noaa.gov.
Exports, Imports, Reporting and
recordkeeping requirements, SUMMARY:NMFS proposes to implement FOR FURTHER INFORMATION CONTACT:
Transportation. management measures described in Karla Gore, NMFS Southeast Regional
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![19058 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules
increase in revenue to directly affected substantial number of small entities and mackerel has been issued, as required
fishing vessels. Analysis of the an initial regulatory flexibility analysis under § 622.370(a)(3)—
economic effects of the proposed rule is not required and none has been (A) From March 1 until 75 percent of
was conducted with and without 2012– prepared. the adjusted quota for the southern zone
2013 harvest data, which is the most has been reached or is projected to be
List of Subjects in 50 CFR Part 622
recent final data available. The reached, in amounts exceeding 3,500 lb
commercial harvest of Atlantic Annual catch limit, Fisheries, Fishing, (1,588 kg).
migratory group Spanish mackerel in Gulf of Mexico, Quotas, South Atlantic, (B) After 75 percent of the adjusted
2012–2013 was approximately 3.15 Spanish mackerel. quota for the southern zone has been
million pounds (mp), compared to Dated: April 2, 2015. reached or is projected to be reached, in
harvests in excess of 4 mp in the Eileen Sobeck, amounts exceeding 1,500 lb (680 kg).
previous three fishing years. (C) After 100 percent of the adjusted
Assistant Administrator for Fisheries,
Commercial harvests of Atlantic National Marine Fisheries Service. quota for the southern zone has been
migratory group Spanish mackerel have reached or is projected to be reached,
shown a cyclical harvest pattern of high, For the reasons set out in the and until the end of the fishing year or
medium, and low harvests on preamble, 50 CFR part 622 is proposed the southern zone’s quota has been
approximately a three-year cycle. As a to be amended as follows: reached or projected to be reached, in
result, removal of data for the low amounts exceeding 500 lb (227 kg). See
harvest in 2012–2013 from the analysis PART 622—FISHERIES OF THE § 622.384(e) for limitations regarding
may capture the potential effects of the CARIBBEAN, GULF OF MEXICO, AND Atlantic migratory group Spanish
proposed rule under high and low SOUTH ATLANTIC mackerel after the southern zone’s quota
harvest rates. is reached.
■ 1. The authority citation for part 622
Based on data from the 2003–2004 continues to read as follows: (2) For the purpose of paragraph
through 2012–2013 fishing years, i.e., (b)(1)(ii) of this section, the adjusted
Authority: 16 U.S.C. 1801 et seq. quota for the southern zone is 2,417,330
inclusive of 2012–2013 data, the
proposed rule would be expected to ■ 2. In § 622.385, paragraphs (b)(1) and lb (1,096,482 kg). The adjusted quota for
result in a gain in revenue to all directly (2) are revised to read as follows: the southern zone is the quota for the
affected vessels combined of Atlantic migratory group Spanish
§ 622.385 Commercial trip limits. mackerel southern zone reduced by an
approximately $74,000 (2013 dollars), or
approximately $190 per vessel. If data * * * * * amount calculated to allow continued
from the 2012–2013 fishing year are (b) * * * harvest of Atlantic migratory group
excluded from the analysis, the (1) Atlantic migratory group. The Spanish mackerel at the rate of 500 lb
proposed rule would be expected to following trip limits apply to vessels for (227 kg) per vessel per day for the
result in the same total harvest and which commercial permits for Spanish remainder of the fishing year after the
revenue as the status quo. Although the mackerel have been issued, as required adjusted quota is reached. Total
actual effects may be between these under § 622.370(a)(3). commercial harvest in the southern
estimates, neither harvest scenario (i) Northern zone. Spanish mackerel zone is still subject to the southern zone
would be expected to result in a in or from the EEZ may not be possessed quota and accountability measures. By
reduction in revenue, or profit, to any on board or landed in a day from a filing a notification with the Office of
directly affected small entities as a vessel for which a permit for Spanish the Federal Register, the Assistant
result of the proposed rule. Instead, this mackerel has been issued, as required Administrator will announce when 75
proposed rule would be expected to under § 622.370(a)(3), in amounts percent and 100 percent of the adjusted
have a small beneficial to no economic exceeding 3,500 lb (1,588 kg). quota are reached or is projected to be
effect on the affected small entities. As (ii) Southern zone. Spanish mackerel reached.
a result, this proposed rule, if in or from the EEZ may not be possessed * * * * *
implemented, would not be expected to on board or landed in a day from a [FR Doc. 2015–08069 Filed 4–8–15; 8:45 am]
have a significant economic effect on a vessel for which a permit for Spanish BILLING CODE 3510–22–P
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Document Created: 2015-12-18 11:23:40
Document Modified: 2015-12-18 11:23:40
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule; request for comments. | |
| Dates | NMFS must receive written comments on the proposed rule by May 11, 2015. | |
| Contact | Karla Gore, NMFS Southeast Regional Office, telephone: 727-824-5305, or email: [email protected] | |
| FR Citation | 80 FR 19056 | |
| RIN Number | 0648-BE40 | |
| CFR Associated | Annual Catch Limit; Fisheries; Fishing; Gulf of Mexico; Quotas; South Atlantic and Spanish Mackerel |
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