Request for Comments: Changes to Catch Levels and Management Measures for Atlantic king mackerel and Spanish mackerel

Key Messages:

• NOAA Fisheries is requesting public comments on the notice of availability and proposed rule for Amendment 34 to the Fishery Management Plan for Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region (Amendment 34).
• The amendment and proposed rule would respond to the latest population assessment of Atlantic migratory group king mackerel (Atlantic king mackerel) that determined that the population is not overfished or undergoing overfishing.
• The amendment and proposed rule would:
  • Increase the acceptable biological catch, annual catch limits, annual optimum yield, and recreational annual catch targets for Atlantic king mackerel;
  • Retain the Atlantic king mackerel commercial and recreational allocations of 37.1% and 62.9%, respectively;
  • Increase the recreational bag and possession limit for Atlantic king mackerel on the east coast of Florida;
  • Allow the recreational sector to keep cut-off (damaged) fish caught under the recreational bag limit that comply with the minimum size limits for Atlantic king mackerel and Atlantic migratory group Spanish mackerel (Atlantic Spanish mackerel).

Comments are due by March 31, 2023.

Summary of Proposed Changes:

• Proposed Catch Levels and Sector Allocations (Table 1)
  • The proposed total (stock) annual catch limit for Atlantic king mackerel would be equal to 95% of the acceptable biological catch.
  • The proposed Atlantic king mackerel sector annual catch limits are based on commercial and recreational allocations of 37.1% and 62.9%, respectively:
  • Incidental commercial harvest of Atlantic king mackerel by purse seine gear is limited to 0.40 million pounds per fishing year.
  • The proposed recreational annual catch target would be based on the current recreational annual catch target formula, but reflect the updated recreational annual catch limit levels.

Table 1. Proposed Atlantic king mackerel overfishing limit (OFL) and acceptable biological catch (ABC), total (stock), commercial and recreational sector annual catch limits (ACL) in pounds (lbs), and recreational annual catch target (ACT).

NOTE: Proposed catch levels use recreational data calibrated to the Marine Recreational Information Program (MRIP) Fishing Effort Survey (FES).  Future recreational catches under these limits would be monitored by the MRIP-FES.

• In addition to sector allocations, the commercial sector for Atlantic king mackerel has regional allocations of the northern zone (23.04%) and southern zone (76.96%). 
• The southern zone Atlantic king mackerel commercial ACL is further divided into Season 1 quota (60% during March to September) and Season 2 quota (40% during October through February) (Table 2).

Table 2. Proposed commercial northern and southern zone allocations, and commercial southern zone seasonal quotas (lbs) for Atlantic king mackerel.

• Management Measures for Atlantic king mackerel
  • The recreational bag and possession limits for Atlantic king mackerel would be increased in federal waters off the east coast of Florida from two fish to three fish per person.
• Damaged fish
  • This proposed rule would allow cut-off (damaged) Atlantic king mackerel and Atlantic Spanish mackerel caught under the recreational bag limits that comply with the minimum size limits, may be possessed, and offloaded ashore.
  • Additionally, the proposed rule revises the definition of “damaged fish” to refer to king or Spanish mackerel that are damaged only through natural predation.

How to Comment on the Notice of Availability and Proposed Rule:

The comment period for the notice of availability is open now through March 31, 2023.  The comment period on the proposed rule is expected to fall within this same time frame, and comments on both the amendment and proposed rule will be considered in the final rule.  You may submit comments by electronic submission (described below) or by postal mail.  Comments received after the end of the comment period may not be considered by NOAA Fisheries.

Federal Register Citation: 88 FR 5845, published January 30, 2023

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

1. Go to https://www.regulations.gov/document/NOAA-NMFS-2022-0108-0001.

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

3. Enter or attach your comments.

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

Where can I find more information on Amendment 34?

• Amendment 34 may be found online at the NOAA Fisheries Southeast Regional Office Website at: https://www.fisheries.noaa.gov/action/amendment-34-catch-level-and-allocation-adjustments-and-management-measures-atlantic-king.
• By Mail: Mary Vara

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

Frequently Asked Questions (FAQs)

Why are changes to management of Atlantic migratory group king mackerel (Atlantic king mackerel) being proposed?

• The results of the Southeast Data, Assessment, and Review population assessment for Atlantic king mackerel, known as the SEDAR 38 Update (2020), showed that the population is not undergoing overfishing and not overfished.

• The amendment and proposed rule would set the Atlantic king mackerel population overfishing limit, acceptable biological catch, total annual catch limit, and sector annual catch limits and recreational annual catch target, consistent with the South Atlantic Fishery Management Council’s (South Atlantic Council) Scientific and Statistical Committee’s (SSC) recommendations in response to the latest population assessment.
• Additionally, the amendment and proposed rule would revise management measures for Atlantic king mackerel and Atlantic migratory group Spanish mackerel (Atlantic Spanish mackerel).

Why are the catch limits being increased?

• SEDAR 38 Update (2020) used updated recreational catch and effort data from the Marine Recreational Information Program (MRIP) Fishing Effort Survey (FES), which estimated larger than previously calculated catch and effort for the recreational sector.
• Because MRIP-FES data were used, estimates of historic recreational landings were greater than in previous assessments.
• The South Atlantic Council’s SSC recommended an increase in the overfishing limit and acceptable biological catch to address the increase recreational and commercial landings, and catch per unit effort, which all showed an increasing trend in biomass.

What are the proposed catch levels for Atlantic king mackerel?

• The proposed total annual catch limit would be equal to 95% of the acceptable biological catch.
• The proposed Atlantic king mackerel sector annual catch limits are based on recreational and commercial allocations of 62.9% and 37.1%, respectively.

• Incidental commercial harvest of Atlantic king mackerel by purse seine gear is limited to 0.40 million pounds per fishing year.
• The proposed recreational annual catch target would be based on the current recreational annual catch target formula, but reflect the updated recreational annual catch limit levels.
• The commercial sector has regional allocations of the northern zone (23.04%) and southern zone (76.96%). 
• The southern zone commercial ACL is further divided into Season 1 quota (60% during March to September) and Season 2 quota (40% during October through February).

What are the other proposed management measures?

• The recreational bag and possession limits for Atlantic king mackerel would be increased in federal waters off the east coast of Florida from two to three fish per person.  Increasing the bag limit in federal waters off the east coast of Florida to three fish per person would allow fishermen throughout the management jurisdiction the opportunity to harvest the same amount of Atlantic king mackerel. 

• Amendment 34 and the proposed rule would allow cut-off (damaged) Atlantic king mackerel and Atlantic Spanish mackerel caught under the recreational bag limits that comply with the minimum size limits to be possessed and offloaded ashore.  In response to recreational concerns about interactions with sharks or barracudas resulting in Atlantic king mackerel and Atlantic Spanish mackerel having their tails bitten off before they could be landed, the South Atlantic Council wanted to revise the landing fish intact regulations.  The South Atlantic Council decided that allowing possession of damaged fish could be expected to minimally increase recreational harvest, while reducing the number of discarded fish.

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