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ISSUE DATE: May 9, 2023                                                                                    

FB23-027

CONTACT: Mary Vara, 727-824-5305, mary.vara@noaa.gov

NOAA Fisheries Announces New Catch Levels and Management Measures for Atlantic King Mackerel and Spanish Mackerel

Key Messages:

• NOAA Fisheries announces a final rule for Amendment 34 to the Fishery Management Plan for Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region (Amendment 34) that changes management of Atlantic migratory group king mackerel (Atlantic king mackerel) and Atlantic migratory group Spanish mackerel (Atlantic Spanish mackerel).
• Amendment 34 and the final rule will:
  • Increase the acceptable biological catch, annual catch limits, annual optimum yield, and recreational annual catch targets for Atlantic king mackerel;
  • Increase the recreational bag and possession limit for Atlantic king mackerel in federal waters off the east coast of Florida from two to three fish per person;
  • Allow the recreational sector to keep cut-off (damaged) Atlantic king mackerel and Atlantic Spanish mackerel caught under the recreational bag limit that comply with the minimum size limits.

When Rule Will Take Effect:

Regulations will be effective June 8, 2023.

What This Means:

• Revised Catch Levels and Sector Allocations (Table 1)
  • The total annual catch limit and annual optimum yield for Atlantic king mackerel will be equal to 95% of the acceptable biological catch.
  • The revised Atlantic king mackerel sector annual catch limits are based on existing 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 revised recreational annual catch target will be based on the current recreational annual catch target formula, but reflect the updated recreational annual catch limit levels.

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

NOTE: Future recreational catches under these limits will be monitored by the Marine Recreational Information Program Fishing Effort Survey.

• In addition to sector allocations, the commercial sector for Atlantic king mackerel has existing 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.  Revised commercial northern and southern zone allocations, and commercial southern zone seasonal quotas for Atlantic king mackerel (pounds).

• Management measures for Atlantic king mackerel
  • The final rule will increase the recreational bag and possession limits for Atlantic king mackerel in federal waters off the east coast of Florida from two fish to three fish per person.

• Damaged fish
  • This final rule will 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.
  • Additionally, the final rule revises the definition of “damaged fish” to refer to Atlantic king mackerel or Atlantic Spanish mackerel that are damaged only through natural predation.

Formal Federal Register Name/Number:  88 FR 29843, May 9, 2023

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

Frequently Asked Questions

Why are changes being made to management of Atlantic migratory group king mackerel (Atlantic king mackerel) and Atlantic migratory group Spanish mackerel (Atlantic Spanish mackerel)? 

• The amendment and final rule will specify the Atlantic king mackerel population overfishing limit, acceptable biological catch, annual optimum yield, total and sector annual catch limits, and recreational annual catch target, consistent with the South Atlantic Fishery Management Council’s Scientific and Statistical Committee’s recommendations in response to the latest population assessment.
• The recreational bag and possession limits for Atlantic king mackerel will increase in federal waters off the east coast of Florida from two fish to three fish per person.  Increasing the bag limit in federal waters off the east coast of Florida to three fish per person will allow fishermen throughout the management jurisdiction the opportunity to harvest the same amount of Atlantic king mackerel.
• Amendment 34 to the Fishery Management Plan for Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region and the final rule will allow cut-off (damaged) Atlantic king mackerel and Atlantic Spanish mackerel caught under the recreational bag limits, which 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 Fishery Management Council decided to revise the landing fish intact regulations.  Allowing possession of damaged fish is expected to minimally increase recreational harvest, while reducing the number of discarded fish.

Why are the catch limits being increased?

• 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 is not overfished.
• SEDAR 38 Update (2020) used updated recreational catch and effort data from the Marine Recreational Information Program Fishing Effort Survey, which estimated larger than previously calculated catch and effort estimates for the recreational sector.
• Because Marine Recreational Information Program Fishing Effort Survey data were used, estimates of historic recreational landings were greater than in previous assessments.
• The South Atlantic Fishery Management Council’s Scientific and Statistical Committee recommended an increase in the overfishing limit and acceptable biological catch based on assessment results from SEDAR 38 Update (2020), which all showed an increasing trend in biomass.

What are the revised catch levels for Atlantic king mackerel? 

• The revised total annual catch limit is equal to 95% of the acceptable biological catch.
• The Atlantic king mackerel sector annual catch limits are based on existing 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 revised recreational annual catch target is based on the current recreational annual catch target formula, but reflects the updated recreational annual catch limits.
• The commercial sector has regional allocations of the northern zone (23.04%) and southern zone (76.96%).
• The southern zone commercial annual catch limit is further divided into Season 1 quota (60% during March to September) and Season 2 quota (40% during October through February).

Where can I find more information on Amendment 34?

• Contact NOAA Fisheries, Southeast Regional Office

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

• 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.

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Permits Mailbox

The Permits Office in St. Petersburg, Florida now has a Permits mailbox in the front lobby (263 13th Ave. South, St. Petersburg, FL 33701). You can now drop off original permits for permit transfers. Envelopes with information labels will be provided so that your documents can be attached to the correct application. The mailbox will be checked daily. For more information contact the Permits Office at (877) 376-4877.

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