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Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Rules and Regulations
Comment 2: The proposed rule does not achieve the stated purpose of Amendment 12 to provide awareness regarding bullet mackerel and frigate mackerel, and is a waste of taxpayer dollars. If there are no benefits for the dolphin and wahoo fishery from this action, then it would make sense that there should be no cost, or at least minimal cost, for this proposed rule.
However, NMFS calculates an estimated cost of $34,499.00 for an action that will have no benefits.
Response: NMFS disagrees that there are no benefits to the action. The purpose of Amendment 12 and its rulemaking is to acknowledge the ecological role of bullet mackerel and frigate mackerel as forage fish by adding them to the Dolphin Wahoo FMP as EC
species. Peer-reviewed scientific studies have found scombrids such as bullet mackerel and frigate mackerel are the dominant prey 43.7 percent frequency of occurrence and 41.7 percent by mass in wahoo diets, showing that a wahoo have a high reliance on scombrids and suggesting that wahoo specialize on this prey group, just as they do in other regions throughout their range. Bullet and frigate mackerel are also important in the diets of dolphin, blue marlin, and yellowfin tuna. The action in Amendment 12 brings awareness among the fishers, fishing communities, data collecting agencies, and regulatory entities managing dolphin, wahoo, bullet mackerel, and frigate mackerel.
As noted in the response to Comment 1, there is very little interest among fishers in these two mackerel species at present, but, if they were to be targeted in the future, adding them in the FMP
as EC species will aid in considering other measures in a future action, if warranted. Indeed, the Mid-Atlantic Fishery Management Council has discussed plans to establish possession limits for bullet mackerel and frigate mackerel. In the western Atlantic, bullet mackerel are found from Cape Cod to the Gulf of Mexico and feed on a variety of prey, especially clupeoids i.e., herrings and sardines, crustaceans, and squids. Frigate mackerel are mostly found from North Carolina to Florida and feed on a variety of fish, squids, and small crustaceans. By acknowledging the role of bullet mackerel and frigate mackerel in the ecosystem as forage fish, implementation of Amendment 12 will increase ecosystem-wide awareness.
NMFS and the Council determined that bullet mackerel and frigate mackerel are currently not in need of conservation and management, and, as such, are eligible for consideration as EC species under provisions found within the NS

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Guidelines 50 CFR 600.305c1, in compliance with the requirements of the Magnuson-Stevens Act and other applicable laws.
There are no expected notable effects for the dolphin and wahoo fishery from this action, because bullet mackerel and frigate mackerel are not targeted in this fishery, and are not caught by the gear authorized in the dolphin and wahoo fishery. Landings for these species have been very low over the last 20 years see response to Comment 1. Bullet mackerel and frigate mackerel have largely been landed commercially in the Mid-Atlantic region using gill net, pound net, float trap, and otter trawl gear, none of which are allowable gear types in the dolphin and wahoo fishery.
Recreational catches of bullet mackerel and frigate mackerel have largely occurred in the South Atlantic Region, with some limited catches reported from the Mid-Atlantic Region. Also, recreational fishers have noted that these species are used as bait.
NMFS conducted an economic analysis for Amendment 12 to comply with Executive Order E.O. 12866. The analysis estimated costs resulting from this action in the amount of $34,499.00
2018 dollars, which are considered minimal. This estimate represents the administrative costs to the Council and NMFS associated with Amendment 12
and this rulemaking as there are no direct costs to the private sector.
In addition, while this final rule is not expected to result in any direct benefits, it is expected to result in indirect benefits. Consistent with Circular A4
from the Office of Management and Budget, which provides guidance on how to conduct analyses to comply with E.O. 12866, the analysis should consider favorable effects from the rule that are typically unrelated or secondary to the purpose of the rulemaking. If it is not feasible to monetize or quantify such effects, they should at least be considered qualitatively. As discussed in Amendment 12, indirect economic benefits are expected to arise from designating bullet and frigate mackerel as EC species by enhancing public education and awareness of these species, which in turn is expected to improve data reporting and monitoring of landings. If landings for the two mackerel species greatly increase in the future to unsustainable levels, fisheries managers could be made aware before the stocks are depleted. The ability to preclude such stock depletions is expected to indirectly benefit fisheries for several economically important predatory fish species in the future, including dolphin and wahoo. These indirect benefits were determined to
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outweigh the minimal administrative costs that have already been largely incurred by the Council and NMFS, and therefore this regulatory action is expected to increase net benefits to the Nation.
Comment 3: Lower landing rates for both bullet mackerel and frigate mackerel are not just because of less interest in fishing for these species.
Rather, the population of these species has decreased drastically.
Response: NMFS disagrees. There is no stock assessment available for bullet mackerel or frigate mackerel. Therefore, it is not possible to determine if the populations have decreased or increased in a manner that would negatively or positively affect their stock status. As mentioned in responses to Comments 1
and 2, these species are typically caught incidentally to other species and are not the targets of a directed fishery, which is consistent with the low levels of landings. Adding bullet mackerel and frigate mackerel to the Dolphin Wahoo FMP does meet ecosystem management objectives 50 CFR 600.305d13. The EC designation recognizes the ecosystem role of these mackerel species as prey for many economically important species such as wahoo and other billfish. Increased awareness of the importance of these species could aid in more data reporting and collection, which would help towards any possible future stock assessment, if necessary.
Classification Pursuant to section 304b3 of the Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined that this final rule is consistent with Amendment 12, the Dolphin Wahoo FMP, other provisions of the MagnusonStevens Act, and other applicable laws.
This final rule has been determined to be not significant for purposes of Executive Order 12866.
The Magnuson-Stevens Act provides the legal basis for this final rule. No duplicative, overlapping, or conflicting Federal rules have been identified. In addition, no new reporting and recordkeeping requirements are introduced by this final rule. This final rule contains no information collection requirements under the Paperwork Reduction Act of 1995. A description of this final rule, why it is being considered, and the purposes of this final rule are contained in the preamble and in the SUMMARY
section of this final rule. The objective of this final rule is to acknowledge the ecological role of bullet mackerel and frigate mackerel as forage fish in general and specifically as prey for wahoo.

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