Saving Seafood

Final Rule to Modify the Commercial Permit Restrictions for King and Spanish Mackerel in the Gulf of Mexico and Atlantic Federal Waters

August 3, 2017 — The following was released by the South Atlantic Fishery Management Council:

KEY MESSAGE:

NOAA Fisheries announces a final rule to allow fishing for and retaining the recreational bag and possession limits of king and Spanish mackerel in the Gulf of Mexico (Gulf), South Atlantic, and Mid-Atlantic on a vessel with a federal commercial permit for king or Spanish mackerel when commercial harvest of king or Spanish mackerel in that zone or region is closed.

WHEN RULE WILL TAKE EFFECT:

  • The final rule will be effective on August 31, 2017.

WHAT THIS MEANS: 

  • Previous regulations prohibited a person aboard a vessel with a federal commercial permit for king or Spanish mackerel from recreationally fishing for king or Spanish mackerel in federal waters if commercial harvest for the species is closed.
    • An exception allowed a person aboard a vessel with both a valid coastal migratory pelagic charter vessel/headboat permit and a valid federal commercial permit for king mackerel or Spanish mackerel to recreationally fish when the commercial season is closed, if the vessel is operating as a for-hire vessel.
  • No such restriction exists for any other species in the Gulf or South Atlantic.
  • This rule removes the restriction entirely, allowing vessels with commercial king or Spanish mackerel permits to fish recreationally for king or Spanish mackerel when the commercial season is closed, regardless of whether they are fishing in a private or for-hire capacity.

FORMAL FEDERAL REGISTER NAME/NUMBER:

82 FR 35658, published August 1, 2017

This bulletin serves as a Small Entity Compliance Guide, complying with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996.

ADDITIONAL INFORMATION

Additional information about Framework Amendment 5 including Frequently Asked Questions (FAQs) and a copy of the complete Fishery Bulletin is available from the NOAA Fisheries Southeast Regional Office website.  Information on management of king and Spanish mackerel is also available from the website.

NOAA Fisheries Announces the Opening of the Western, Northern, and Southern (Gillnet component) Zones to Commercial King Mackerel Fishing in the Gulf of Mexico On May 11, 2017

May 4, 2017 — The following was released by NOAA Fisheries:

KEY MESSAGE:

NOAA Fisheries announces the re-opening of the western, northern, and southern (gillnet component only) Gulf of Mexico zones to commercial king mackerel fishing at 12:01 a.m. local time, May 11, 2017. NOAA Fisheries will publish a closure notice for each zone when the respective quota is projected to be reached.

WHY THIS RE-OPENING IS HAPPENING:

  • A final rule effective on May 11, 2017, increases the quota for each zone in the Gulf of Mexico.
  • The western, northern, and southern zones are currently closed because landings reached the old quotas.
  • The increase in the quotas allows additional harvest for the 2016/2017 fishing year, thus NOAA Fisheries is re-opening the zones in the Gulf of Mexico which have available remaining quota to commercial king mackerel fishing.
  • The landings for the southern zone hook-and-line component exceeded the original quota and are at 100 percent of the new quota; thus, only the western, northern, and southern (gillnet component only) zones will re-open.
  • Beginning May 11, hook-and-line fishing will be prohibited in the Florida Keys, which will now be part of the southern zone in the Gulf year round, and thus is subject to the Gulf of Mexico southern zone hook-and-line component closure.
  • Additional quota information for the 2016/2017 season is as follows:
Pounds landed Old quota Old quota % New quota New quota % Pounds left
Western 1,114,278 1,071,360 104.00 1,180,000 94.43 65,722
Northern 289,641 178,848 161.95 531,000 54.55 241,359
Southern Hook and Line 619,544 551,448 112.35 619,500 100.01 0
Southern Gillnet 534,892 551,448 97.00 619,500 86.34 84,608

FREQUENTLY ASKED QUESTIONS (FAQs)

Where are the zones that will re-open?

  • Please see the map below.

Why aren’t all of the zones re-opening?

  • Zones are only re-opening if there is sufficient available quota to harvest
  • NOAA Fisheries determined that the southern zone hook-and-line component does not have sufficient quota available to allow for a re-opening and a timely closure to prevent exceeding their quota.
  • Therefore, the southern zone hook and line sector will not be re-opening for the 2016/2017 fishing year when the final rule becomes effective May 11.
  • Because the Florida Keys will now be part of the southern zone in the Gulf year round, harvest of hook-and-line fishing there for king mackerel is prohibited when the southern zone is closed.

What will the quotas be in later fishing years?

  • Quota for years up to the 2019/2020 fishing years are listed below.
Year Western Northern Southern Hook and Line Southern Gillnet
2016/2017 1,180,000 531,000 619,500 619,500
2017/2018 1,136,000 511,200 596,400 596,400
2018/2019 1,116,000 502,200 585,900 585,900
2019/2020 1,096,000 493,200 575,400 575,400

What is the status of the king mackerel population in the Gulf of Mexico?

  • A 2014 assessment determined that the Gulf of Mexico king mackerel population is not undergoing overfishing (too many fish being harvested) nor is it considered to be overfished (too few fish).
  • The assessment indicates that catch levels for the population can be increased.

Related Links and Information can be found on NOAA Fisheries Website:   http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_sa/cmp/2016/am%2026/index.html

NOAA Fisheries: Changes to the King Mackerel Fishery in the Gulf of Mexico and Atlantic Regions

April 13, 2017 — The following was released by NOAA:

KEY MESSAGE:

NOAA Fisheries announces a final rule implementing Amendment 26 to the Fishery Management Plan for Coastal Migratory Pelagics in the Gulf of Mexico and Atlantic regions (Amendment 26).  Amendment 26 contains actions related to king mackerel in the Gulf of Mexico and Atlantic Region following review of the most recent population assessment.

WHEN RULE WILL TAKE EFFECT:

The rule will take effect on May 11, 2017.  

WHAT THIS RULE DOES:

  • Modifies the management boundary for the Gulf of Mexico and Atlantic migratory groups of king mackerel to create a year-round boundary at the Miami-Dade/Monroe County line. The Gulf of Mexico Fishery Management Council will be responsible for management measures in the mixing zone, which includes federal waters off the Florida Keys.
  • Revises reference points, the acceptable biological catch, annual catch limits, commercial quotas, and recreational annual catch targets for Atlantic migratory group king mackerel.  These updated annual catch limits and quotas are included below in Table
  • Creates a limited incidental catch allowance for Atlantic migratory group king mackerel caught as bycatch in the shark gillnet fishery.  This rule allows for the harvest and sale of three king mackerel per crew member per trip from the Northern Zone and two king mackerel per crew member per trip from the Southern Zone, caught incidentally on shark gillnet trips.
  • Establishes a commercial split season for Atlantic migratory group king mackerel in the Atlantic Southern Zone. This split season allocates 60% of the quota to Season One (March 1 – September 30) and 40% to Season Two (October 1 – the end of February).
  • Establishes a commercial trip limit system for Atlantic migratory group king mackerel in the Atlantic Southern Zone. The commercial trip limit of 3,500 pounds remains in the area north of the Flagler/Volusia county line and remains in effect year-round when the fishery is open. South of the Flagler/Volusia county line, the trip limit is 50 fish from March 1 – March 31. After March 31, the trip limit increases to 75 fish for the remainder of Season One. For Season Two, the trip limit is 50 fish, except that beginning on February 1, if less than 70 % of the Season Two quota has been landed, the trip limit will be 75 fish.
  • Increases the recreational bag limit for Gulf of Mexico migratory group king mackerel from two to three fish per person per day.
  • Revises the annual catch limits and commercial zone quotas for Gulf of Mexico migratory group king mackerel. These updated annual catch limits and quotas are included below in Table 1.1.

Note:  As of April 1, the Gulf of Mexico/South Atlantic boundary shifted to the Collier/Monroe County line, and Monroe County is currently part of the  AtlanticSouthern Zone. When Amendment 26 becomes effective, Monroe County will become part of the Gulf of Mexico Southern Zone year-round.  The commercial zones in the Gulf of Mexico are currently closed for the 2016/2017 fishing season, but are expected to re-open when Amendment 26 becomes effective, with increased annual catch limits and commercial zone quotas. 

FEDERAL REGISTER NAME/NUMBER: 82 FR 17387, published April 11, 2017

This bulletin serves as a Small Entity Compliance Guide, complying with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996.  

Where can I find more information on Amendment 26? 

Contact NOAA Fisheries, Southeast Regional Office

By Mail: Karla Gore 

NOAA Fisheries, Southeast Regional Office 

Sustainable Fisheries Division 

263 13th Avenue South 

St. Petersburg, Florida 33701-5505 

By FAX: (727) 824-5308 

By Phone: (727) 824-5305

Amendment 26 may be found online at the NOAA Fisheries Southeast Regional Office Web site at: http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_sa/cmp/2016/am%2026/index.html.

Additional information on management of king mackerel in the Gulf of Mexico and Atlantic may be found at: http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_sa/cmp/index.html. 

 

Request for Comments: Modifications to Commercial Permit Restrictions for King and Spanish Mackerel in the Gulf of Mexico and Atlantic Federal Waters

March 1, 2017 — The following was released by the South Atlantic Fishery Management Council:

KEY MESSAGE:

NOAA Fisheries requests your comments on a proposed rule to remove the restriction on fishing for and retaining the recreational bag limit of king and Spanish mackerel in the Gulf of Mexico (Gulf), South Atlantic, and Mid-Atlantic on a vessel with a federal commercial permit for king or Spanish mackerel when the vessel is on a recreational trip and commercial harvest of king or Spanish mackerel in that zone or region is closed.

SUMMARY OF PROPOSED CHANGES:

  • Current regulations state that a person aboard a vessel with a federal commercial permit for king or Spanish mackerel may not fish for or retain king or Spanish mackerel in or from federal waters under the bag limit if commercial harvest for the species is closed (i.e., the species, migratory group, zone, subzone, or gear is closed).
  • This regulation prevents commercial fishermen with a federal commercial permit for king or Spanish mackerel from recreationally fishing on their commercial vessel outside of the commercial season for those species. Such a restriction does not exist under any other vessel or permit condition for other species in the Gulf or South Atlantic.
  • The proposed rule would remove the restriction on fishing for and retaining the recreational bag limit of king and Spanish mackerel in the Gulf of Mexico, South Atlantic, and Mid-Atlantic on a vessel with a federal commercial permit for king or Spanish mackerel when the vessel is on a recreational trip and commercial harvest of king or Spanish mackerel in that zone or region is closed.

HOW TO COMMENT ON THE FRAMEWORK AMENDMENT AND PROPOSED RULE:

The comment period is open now through March 31, 2017.  You may submit comments by electronic submission or by postal mail.  Comments sent by any other method (such as e-mail), to any other address or individual, or received after the end of the comment period, may not be considered by NOAA Fisheries.  Relevant comments on both the framework amendment and proposed rule will be addressed in the final rule.

FORMAL FEDERAL REGISTER NAME/NUMBER: 82 FR 12187, published March 1, 2017.

Electronic Submissions: Submit all electronic public comments via the Federal e-Rulemaking Portal.

  1. Go to: https://www.regulations.gov/document?D=NOAA_FRDOC_0001-4232
  2. Click the “Comment Now!” icon, complete the required fields.
  3. Enter or attach your comments.

Mail: Submit written comments to Rich Malinowski, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.

FREQUENTLY ASKED QUESTIONS (FAQs)

Why was the prohibition to restrict commercial vessels from retaining recreational bag limits originally implemented?

  • The regulations were originally considered necessary when the Gulf migratory group of king mackerel (Gulf king mackerel) was thought to be overfished (the population is too low) in the early 1990s, as a means of controlling fishing effort.

Why is the prohibition changing?

  • The current restriction prevents fishermen from recreationally targeting king or Spanish mackerel on their commercially permitted vessels when the commercial season is closed.
  • The restriction does not exist under any other vessel permit for other species in the Gulf or South Atlantic.
  • The most recent population assessment of king mackerel indicated that both Gulf and Atlantic migratory groups of king mackerel are not overfished or experiencing overfishing (too many are being caught each year).

Where can I find more information on Framework Amendment 5?

  • Contact NOAA Fisheries, Southeast Regional Office

By Mail: Rich Malinowski

NOAA Fisheries, Southeast Regional Office

Sustainable Fisheries Division

263 13th Avenue South

St. Petersburg, Florida 33701-5505

By FAX: (727) 824-5308

By Phone: (727) 824-5305

  • Framework Action 5 may be found online at the NOAA Fisheries Southeast Regional Office Web site by clicking here.
  • Additional information on management of king and Spanish Mackerel can be found on the NOAA Fisheries Southeast Regional Office Web site by clicking here.

 

King Mackerel Trip Limit to Remain at 50 Fish per Day for Commercial Hook-And-Line Vessels Fishing in the Florida East Coast Subzone

February 24, 2017 — The following was released by the South Atlantic Fishery Management Council:

KEY MESSAGE:

  • The daily vessel trip limit will remain at 50 fish per day for commercial hook-and-line vessels fishing for Gulf group king mackerel in federal waters of the Florida east coast subzone.
  • The 50-fish daily trip limit will remain in effect until March 31, 2017, unless the subzone’s quota is reached.
  • If the 1,102,896-pound quota is harvested during February or March 2017, the subzone will be closed and the daily trip limit will be reduced to zero king mackerel until the 2016/2017 season ends on March 31, 2017.
  • From November 1 through March 31, the Florida east coast subzone for Gulf group king mackerel is the area north of a line directly east from the Miami-Dade/Monroe County, Florida, boundary (25° 20.4′ N. lat. ), and south of a line directly east from the Volusia/Flagler County, Florida, boundary (29° 25′ N. lat. ). See map below.

WHY THIS TRIP LIMIT IS REMAINING THE SAME:

By regulations, if 70 percent of the quota for this subzone has not been harvested by March 1, the trip limit increases to 75 fish.  However, NOAA Fisheries determined that more than 70 percent (or 772,027 pounds) of the 1,102,896-pound quota has been harvested for this fishery segment as of February 21, 2017.  Therefore, the trip limit will not increase.

**PLEASE NOTE:  Under the Florida regulations, the daily trip limit for king mackerel harvested in state waters off the east coast of Florida will also remain at 50 fish per day.

 

NOAA Fisheries Seeks Public Comment on Modification of King Mackerel Management Measures for the Gulf of Mexico and Atlantic Region

December 16, 2016 — The following was released by NOAA:

NOAA Fisheries is seeking public comment on Amendment 26 to the Fishery Management Plan for the Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region (Amendment 26).

Amendment 26 contains actions related to the king mackerel portion of the coastal migratory pelagics fishery in the Gulf of Mexico and Atlantic Region.  These actions were proposed by the Gulf of Mexico and South Atlantic Council Fishery Management Councils following review of the most recent stock assessment, Southeast Data Assessment and Review 38 (SEDAR 38).

Actions in Amendment 26 would:

Modify the management boundary for the Gulf of Mexico and Atlantic migratory groups of king mackerel to create a year-round boundary at the Miami-Dade/Monroe County line. The Gulf of Mexico Fishery Management Council would be responsible for management measures in the mixing zone, which includes the exclusive economic zone off the Florida Keys.

Revise reference points, update the acceptable biological catch and annual catch limits, and revise commercial quotas and recreational annual catch targets for Atlantic migratory group king mackerel. These proposed revisions are based on the results of the most recent stock assessment, SEDAR 38, and are included below in Table 1.1.

Create a limited incidental catch allowance for Atlantic migratory group king mackerel caught as bycatch in the shark gillnet fishery. This amendment would allow for the harvest and sale of two king mackerel per crew member per trip from the Northern Zone and three king mackerel per crew member per trip from the Southern Zone.

Establish a commercial split season for Atlantic migratory group king mackerel in the Atlantic Southern Zone. This split season would allocate 60% of the quota to season 1 (March 1-September 30) and 40% to season 2 (October 1 – the end of February).

Establish a commercial trip limit system for Atlantic migratory group king mackerel in the Atlantic Southern Zone.The commercial trip limit of 3,500 pounds would remain in the area north of the Flagler/Volusia county line and remain in effect year-round as long as the fishery remains open.  South of the Flagler/Volusia county line the trip limit would be 50 fish from March 1- March 31.  After March 31, the trip limit would increase to 75 fish for the remainder of Season 1.  For Season 2, the trip limit would be 50 fish, except that beginning on February 1, if less than 70 % of the Season 2 quota has been landed, the trip limit would be 75 fish.

Increase the recreational bag limit for Gulf of Mexico migratory group king mackerel to 3 fish per person per day.

Revise the annual catch limits and commercial zone quotas for Gulf of Mexico migratory group king mackerel.  These proposed revisions are included below in Table 1.1.

Table 1.1   2016/2017 Proposed Quotas for King Mackerel (pounds) under

Amendment 26
 Commercial
 Gulf of Mexico Migratory Group 
 Western Zone  1,231,360
 Northern Zone  554,112
 Southern Zone (hook-and-line)  646,464
 Southern Zone (gillnet)  646,464
 Atlantic Migratory Group
 Northern Zone (includes gillnets north of

Cape Lookout, NC)

  1,497,600
 Southern Zone (Total)  5,002,400
 Southern Zone (season 1)  3,001,440
 Southern Zone (season 2)  2,000,960
 Recreational
 Gulf of Mexico Migratory Group  6,260,000
 Atlantic Migratory Group  10,900,000

Request for Comments

The comment period on Amendment 26 ends on February 13, 2017.    You may obtain electronic copies of Amendment 26 from the NOAA Fisheries Web site  or the e-Rulemaking Portal (see Addresses section).

Addresses

You may submit comments on this document, identified by NOAA-NMFS-2016-0120, by either of the following methods:

ELECTRONIC SUBMISSION: Submit all electronic public comments via the Federal e-Rulemaking Portal.

1.  Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0120.

2.  Click the “Comment Now!” icon, complete the required fields.

3.  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 (such as e-mail), to any other address or individual, or received after the end of the comment period, may not be considered by NOAA Fisheries.

South Atlantic Fishery Management Council Meeting December 5-9, 2016 in Atlantic Beach, NC

November 22, 2016 — The following was released by the South Atlantic Fishery Management Council:

Agenda Highlights

Mackerel Cobia Committee 

Review public comment and take final action for changing the fishing year for Atlantic cobia (GA to NY); and take final action on Coastal Migratory Pelagic Amendment 29 addressing king mackerel allocations in the Gulf of Mexico.

Snapper Grouper Committee 

Take final action for measures to reduce the harvest of mutton snapper; continue discussion on options for red snapper and recreational reporting; receive the annual review of the Vision Blueprint and consider options to include in the Vision Blueprint amendments for commercial and recreational snapper grouper fisheries; and consider measures to reduce harvest of golden tilefish based on the most recent stock assessment

Data Collection Committee  Take final action on the For-Hire Electronic Reporting Amendment that would require electronic reporting for federally permitted charter vessels and modify current reporting requirements for headboats.

Joint Dolphin Wahoo/Snapper Grouper/Mackerel Cobia Committees  Continue work on alternatives to modify allocations for dolphin (mahi mahi) and yellowtail snapper and approve for public hearings to be held in Jan/Feb 2017; and continue discussion on options for limited entry for federally permitted for-hire (charter) vessels.

See more information at the SAFMC

Reminder of Boundary Shifts, Commercial Quotas, and Trip Limits for King Mackerel

October 28, 2016 — The following was released by NOAA:

King mackerel are divided into two migratory groups: the Gulf of Mexico (Gulf) and Atlantic groups. The groups are divided into zones and subzones, and each group, zone, and subzone may have a separate quota and trip limit. Currently, the boundary between the Gulf and Atlantic groups shifts north on November 1 and south on April 1 of each year. Please see maps and charts on page 2.

NOAA Fisheries is reviewing an amendment to the fishery management plan that would eliminate the boundary shift and set a permanent management boundary between the two migratory groups at the Miami-Dade/Monroe County line. If approved, this change should be implemented before the next boundary shift on April 1, 2017. The amendment would make other management changes for king mackerel, including changes to the trip limits on the Florida east coast. An additional Southeast Fishery Bulletin will be sent out if those changes are approved.

Gulf Group King Mackerel Zones and Subzones

Western Zone

The Western Zone includes waters off Texas, Louisiana, Mississippi, and Alabama and has a trip limit of 3,000 pounds per day year-round. This zone closed October 14, 2016, and will reopen July 1, 2017. If a quota increase is approved, the zone may reopen in spring.

Florida West Coast

The west coast is divided into Northern and Southern Subzones.

The Northern Subzone extends east and south from the Florida/Alabama state line to the Lee/Collier County line. This subzone opened October 1 and remains open at this time.

From November through March, the Southern Subzone extends south and east from the Lee/Collier County line to the Miami-Dade/Monroe County line. With the April boundary shift between the Gulf and Atlantic groups to the Monroe/Collier County line, the Southern Subzone for the Gulf group is reduced to the area off Collier County, and Monroe County becomes part of the Atlantic group. The quota for the Southern Subzone is divided equally between the hook-and-line and gillnet components. The hook-and-line component opened July 1, 2016, and remains open at this time. The gillnet component is closed and will open January 17, 2017.

Both the Northern and Southern Subzones have a hook-and-line trip limit of 1,250 pounds per day. The gillnet component in the Southern Subzone has a trip limit of 45,000 pounds per day.

Florida East Coast (Mixing Zone)

From November through March, fish harvested south of the Flagler/Volusia County line to the Miami-Dade/Monroe County line are considered to be Gulf group king mackerel. The trip limit for this Florida East Coast Subzone during this time period is 50 fish per day, until March 1, when the trip limit increases to 75 fish per day, if 70 percent of the quota has not been reached.

Atlantic Group King Mackerel Zones

Northern Zone

The Northern Zone is from the North Carolina/South Carolina state line north to the intersection point of New York, Connecticut, and Rhode Island. This area has a 3,500-pound per day trip limit year-round.

Southern Zone

From November through March, the Southern Zone extends from the North Carolina/South Carolina state line south to the Flagler/Volusia County line. South of the Flagler/Volusia County line, fish are considered to be part of the Gulf group during this time (see above).

From April through October, the Southern Zone is from the North Carolina/South Carolina state line south to the Monroe/Collier County line on Florida’s west coast, which is the boundary between the Gulf and Atlantic groups during that period.

SAFMC Reminder: Public Hearing 6:00 PM Tonight via Webinar – Charterboat Reporting Requirements and Changes to King Mackerel Management

February 8, 2016 — The following was released by the South Atlantic Fishery Management Council:

The South Atlantic Fishery Management Council will hold the final in a series of public hearings tonight via webinar to solicit public input on management measures that may affect fishermen fishing in federal waters (greater than 3 miles offshore) along the entire Atlantic coast. Join Council staff at 6:00 p.m. as they review proposed measures in the two amendments listed below. Then provide your formal comments via the webinar for Council consideration. 

  • Electronic Reporting Requirements for

Federally-Permitted Charterboats

The Council is considering mandatory reporting requirements for charterboats (6-pack) with federal for-hire permits including Atlantic Dolphin Wahoo For-Hire and Coastal Migratory Pelagic For-Hire permits. The amendment also modifies existing requirements for headboat electronic reporting.

  • Changes to King Mackerel
  • Management Measures 
  • Changes are proposed for king mackerel management along the Atlantic coast and the Gulf of Mexico including changes to management zones, annual catch limits, commercial trip limits, split seasons, and other measures. NOTE: Registration for the webinar is required.  Click below to register and join us later today to learn more and provide your comments!

Additional information, including public hearing summaries, video presentations for each amendment, and additional resources are available from the

Public Hearing and Scoping Meeting page of the Council’s website at www.safmc.net.  Written comments may be submitted until Wednesday, February 10, 2016.  Email comments to mike.collins@safmc.net with “For-Hire Amend” and/or “Mackerel Amend 26” in the Subject line of the email.