[Federal Register: March 30, 2004 (Volume 69, Number 61)]
[Rules and Regulations]
[Page 16499-16500]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30mr04-18]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 030917233-3304-02; I.D. 082703A]
RIN 0648-AP50
Fisheries of the Gulf of Mexico; Coastal Migratory Pelagic
Resources; Stock Status Determination Criteria
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: In accordance with the framework procedure for adjusting
management measures of the Fishery Management Plan for the Coastal
Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic
(FMP), NMFS issues this final rule to incorporate into the FMP biomass-
based stock status determination criteria consistent with the
requirements of the Magnuson-Stevens Fisheries Conservation and
Management Act (Magnuson-Stevens Act). Criteria that are incorporated
include maximum sustainable yield (MSY), optimum yield (OY), minimum
stock size threshold (MSST) and maximum fishing mortality threshold
(MFMT) for king and Spanish mackerel and cobia stocks under the
jurisdiction of the Gulf of Mexico Fishery Management Council
(Council).
DATES: This final rule is effective April 29, 2004.
FOR FURTHER INFORMATION CONTACT: Dr. Steve Branstetter, telephone: 727-
570-5796, fax: 727-570-5583, e-mail: Steve.Branstetter@noaa.gov.
SUPPLEMENTARY INFORMATION: The fisheries for coastal migratory pelagic
(CMP) resources are regulated under the FMP. The FMP was prepared
jointly by the Gulf of Mexico and South Atlantic Fishery Management
Councils and was approved by NMFS and implemented by regulations at 50
CFR part 622.
In accordance with the FMP's framework procedure, the Council
recommended, and NMFS published a proposed rule (68 FR 59151, October
14, 2003), to establish biomass-based stock status criteria for Gulf
migratory groups of king and Spanish mackerel and for a Gulf migratory
group of cobia (to be designated via subsequent plan amendment). The
most recent scientific evidence indicates that the cobia stock is
comprised of separate migratory groups in the Gulf of Mexico and
Atlantic. However, the FMP identifies only a single cobia stock. The
establishment of separate migratory groups of cobia will require that
the FMP be amended. Therefore, implementation of the stock status
criteria for a Gulf migratory group of cobia would be deferred pending
the development of an amendment to the FMP.
Section 303 of the Magnuson-Stevens Act requires that the regional
fishery management councils: (1) assess the condition of managed
stocks, (2) specify within their fishery management plans objective and
measurable criteria for identifying when the stocks are overfished and
when overfishing is occurring (referred to by NMFS as stock status
determination criteria), and (3) amend their fishery management plans
to include measures to rebuild overfished stocks and maintain them at
healthy levels capable of producing MSY. NMFS' national standard
guidelines (NSGs) direct the councils to meet these statutory
requirements by incorporating into each FMP estimates of certain
biomass-based parameters for each stock, including a designation of the
stock biomass that will produce MSY (BMSY).
On November 17, 1999, NMFS notified the Council that it had
partially approved the Council's Generic Sustainable Fisheries Act
Amendment. In that notification, NMFS approved the designation and
definition of an MFMT for CMP fish stocks managed under the
jurisdiction of the Council, but disapproved the proposed designations
of MSY, OY, and MSST because they were not biomass-based, as
recommended by the NSGs. Since that time, NMFS has worked cooperatively
with the Council to develop acceptable stock status criteria for the
Gulf migratory groups of those CMP stocks.
Accordingly, this final rule establishes biomass-based reference
points, as identified in the table below, for MSY, OY, and MSST, and
amends the existing designations of MFMT for Gulf migratory group king
mackerel, Gulf migratory group Spanish mackerel, and a (to be
designated) Gulf migratory group of cobia.
------------------------------------------------------------------------
Gulf group king Gulf group Gulf group
mackerel Spanish mackerel cobia\1\
------------------------------------------------------------------------
MSY\2\ Yield at F30%SPR Yield at F30%SPR Yield at Fmsy
(currently 10.7 (currently 8.7 (currently 1.49
million lb or million lb or million lb or
4.85 million 3.95 million 0.676 million
kg) kg) kg)
OY Yield at FOY = Yield at FOY = Yield at FOY
0.85[ast]Fmsy 0.75[ast]FMSY =0.75[ast]FMSY
(currently 10.2 (currently 8.3 (currently 1.45
million lb or million lb or million lb or
4.63 million 3.76 million 0.658 million
kg) kg) kg)
MFMT F30%SPR = FMSY F30%SPR = FMSY FMSY
MSST\3\ (1-M)[ast]BMSY (1-M)[ast]BMSY (1-M)[ast]BMSY
or 80% of BMSY or 70% of BMSY or 70% of BMSY
Overfished 50% probability 50% probability 50% probability
Fcurrent > FMSY Fcurrent > FMSY Fcurrent > FMSY
Overfishing 50% probability 50% probability 50% probability
Bcurrent < MSST Bcurrent < MSST Bcurrent < MSST
------------------------------------------------------------------------
\1\ Implementation deferred pending formal designation of a Gulf
migratory group of cobia through an amendment to the FMP.
\2\ F = fishing mortality rate; SPR refers to spawning potential ratio.
\3\ M, or natural mortality, is estimated at 0.20 for king mackerel, and
0.30 for both Spanish mackerel and cobia. Bcurrent represents the
current estimates of stock biomass; BMSY represents the estimated
stock biomass required to produce MSY.
While these population parameters are part of the FMP, they will
not appear in codified text. The parameters establish the bounds within
which the Council and NMFS will operate in managing the stock. The
parameters themselves are not of general applicability and legal effect
in that they do not bind the general public, but rather guide the
Council and NMFS in establishing more specific measures, which are
codified in the Code of Federal Regulations and do bind the general
public.
On October 14, 2003, NMFS published the proposed rule on which this
final rule is based; comments on the proposed rule were requested
through November 13, 2003 (68 FR 59151). No comments were received.
[[Page 16500]]
Classification
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 that the proposed rule for this action, if adopted,
would not have a significant economic impact on a substantial number of
small entities. The factual basis for the certification was published
in the proposed rule. No comments were received regarding the
certification or the economic impacts of this action. As a result, no
regulatory flexibility analysis was prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 25, 2004.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 04-7091 Filed 3-29-04; 8:45 am]
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