80 FR 40936 - 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 134 (July 14, 2015)

In this final rule, NMFS implements 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). This final rule removes the unlimited commercial trip limit for Spanish mackerel in Federal waters off the east coast of Florida that began on weekdays beginning December 1 of each year. The modifications to the commercial trip limit system 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.

[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)]
[Rules and Regulations]
[Pages 40936-40937]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17192]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140819687-5583-02]
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: Final rule.

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SUMMARY: In this final rule, NMFS implements 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). This final rule removes the unlimited commercial trip limit 
for Spanish mackerel in Federal waters off the east coast of Florida 
that began on weekdays beginning December 1 of each year. The 
modifications to the commercial trip limit system 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: This final rule is effective August 13, 2015.

ADDRESSES: 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 
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 CMP 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 April 9, 2015, NMFS published a proposed rule for the framework 
action and requested public comment (80 FR 19056). The proposed rule 
and the framework action set forth additional rationale for the actions 
contained in this final rule. A summary of the actions implemented by 
this final rule is provided below.

Management Measure Contained in This Final Rule

    This final rule modifies the commercial trip limit system for 
Atlantic migratory group Spanish mackerel. Changes in fishery 
conditions, such as an increase of the commercial annual catch limit 
(ACL), have necessitated modifications to some elements of the trip 
limit system.
    This final rule streamlines the commercial trip limit system for 
the Atlantic migratory group Spanish mackerel by eliminating the 
unlimited weekday Spanish mackerel trip limit in Federal waters off the 
eastern coast of Florida. The final rule retains the adjusted quota, 
which provides a buffer to help prevent the commercial sector from 
exceeding the commercial ACL.
    This final rule establishes a commercial 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 established 
as the southern zone by the final rule implementing Amendment 20B to 
the FMP (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 is 
projected to be met, the commercial trip limit will be reduced to 1,500 
lb (680 kg). When 100 percent of the adjusted southern zone commercial 
quota is met or projected to be met, the commercial trip limit will be 
reduced to

[[Page 40937]]

500 lb (227 kg) until the end of the fishing year or until the southern 
zone commercial quota is met or is 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 control harvest more effectively.

Comments and Responses

    NMFS received two comments on the proposed rule, one from a fishing 
organization that expressed support of the proposed action, and one 
from a Federal agency that stated it had no comment. NMFS did not 
receive any substantive comments on the proposed rule.

Classification

    The Regional Administrator, Southeast Region, NMFS determined that 
this final rule is necessary for the conservation and management of 
Atlantic migratory group Spanish mackerel and is consistent with 
Framework Amendment 2, the FMP, the Magnuson-Stevens Act, and other 
applicable laws.
    This final rule has been determined to not be 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 rule would not 
have a significant economic impact on a substantial number of small 
entities. The factual basis for this determination was published in the 
proposed rule and is not repeated here. NMFS received no comments 
regarding the certification and has not received any new information 
that would affect its determination. As a result, a final regulatory 
flexibility analysis was not required and none was prepared.

List of Subjects in 50 CFR Part 622

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

    Dated: July 8, 2015.
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.  622.385, 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 is 
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 are projected to be reached.
* * * * *
[FR Doc. 2015-17192 Filed 7-13-15; 8:45 am]
 BILLING CODE 3510-22-P