[Federal Register Volume 60, Number 17 (Thursday, January 26, 1995)]
[Proposed Rules]
[Pages 5162-5163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1908]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 655

[Docket No. 950118018-5018-01; I.D. 111494E]


Atlantic Mackerel, Squid, and Butterfish Fisheries

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed initial specifications for the 1995 Atlantic mackerel, 
squid, and butterfish fisheries; request for comments.

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SUMMARY: NMFS proposes initial specifications for the 1995 fishing year 
for Atlantic mackerel, squid, and butterfish. Regulations governing 
this fishery require NMFS to publish specifications for the upcoming 
fishing year and provide an opportunity for the public to comment. This 
action is intended to fulfill this requirement and promote the 
development of the U.S. Atlantic mackerel, squid, and butterfish 
fisheries.

DATES: Public comments must be received on or before February 27, 1995.

ADDRESSES: Copies of the draft Environmental Assessment are available 
from the Northeast Regional Office, National Marine Fisheries Service, 
1 Blackburn Drive, Gloucester, MA 01930. Copies of the Mid-Atlantic 
Fishery Management Council's quota paper and recommendations are 
available from David R. Keifer, Executive Director, Mid-Atlantic 
Fishery Management Council, Room 2115, Federal Building, 300 South New 
Street, Dover, DE 19901.
    Comments should be sent to Jon C. Rittgers, Acting Regional 
Director, National Marine Fisheries Service, 1 Blackburn Drive, 
Gloucester, MA 01930. Please mark the envelope ``Comments--1995 SMB 
specifications.''

FOR FURTHER INFORMATION CONTACT: Myles Raizin, 508-281-9104.

SUPPLEMENTARY INFORMATION: Regulations implementing the Fishery 
Management Plan for Atlantic Mackerel, Squid, and Butterfish Fisheries 
(FMP) prepared by the Mid-Atlantic Fishery Management Council (Council) 
appear at 50 CFR part 655. These regulations require NMFS to publish a 
document specifying the initial annual amounts of the initial optimum 
yield (IOY) as well as the amounts for allowable biological catch (ABC) 
domestic annual harvest (DAH), domestic annual processing (DAP), joint 
venture processing (JVP), and total allowable levels of foreign fishing 
(TALFF) for the species managed under the FMP. No reserves are 
permitted under the FMP for any of these species. Regulations 
implementing Amendment 4 to the FMP allow the Council to recommend 
specifications for these fisheries for up to three consecutive years. 
Procedures for determining the initial annual amounts are found in 
Sec. 655.22.
    The following table contains the proposed initial specifications 
for Atlantic mackerel, Loligo and Illex squids, and butterfish for 
1995. These specifications are based on the recommendations of the 
Council.

 Preliminary Initial Annual Specifications for Atlantic Mackerel, Squid,
 and Butterfish for the Fishing Year January 1 Through December 31, 1995
                                  [mt]                                  
------------------------------------------------------------------------
                                     Squid                              
       Specifications        --------------------  Atlantic   Butterfish
                               Loligo     Illex    mackerel             
------------------------------------------------------------------------
Max OY\1\...................    44,000    30,000      \2\N/A     16,000 
ABC\3\......................    36,000    30,000     850,000     16,000 
IOY.........................    36,000    30,000  \4\100,000     10,000 
DAH.........................    36,000    30,000  \5\100,000     10,000 
DAP.........................    36,000    30,000      50,000     10,000 
JVP.........................         0         0      35,000          0 
TALFF.......................         0         0           0         0  
------------------------------------------------------------------------
\1\Max OY as stated in the FMP.                                         
\2\Not applicable; see the FMP.                                         
\3\IOY can rise to this amount.                                         
\4\This specification may be increased to 134,000 mt, the long-term     
  potential catch for the Atlantic mackerel fishery.                    
\5\Contains 15,000 mt projected recreational catch based on the formula 
  contained in the regulations (50 CFR part 655).                       

Atlantic Mackerel

    The FMP provides that ABC in U.S. waters for the upcoming fishing 
year is that quantity of mackerel that could be caught in U.S. and 
Canadian waters minus the estimated catch in Canadian waters, while 
still maintaining a spawning stock size in the year following the year 
for which catch estimates and quotas are being prepared, equal to or 
greater than 600,000 mt. Using an estimated spawning stock biomass of 
1,500,000 mt and an estimated Canadian catch of 50,000 mt, the ABC is 
850,000 mt.
    The proposed IOY for the 1995 Atlantic mackerel fishery is set at 
100,000 mt, equal to the specified DAH. The proposed specification for 
DAH is computed by adding the estimated recreational catch, the 
proposed specified DAP, and the proposed specified JVP. The 
recreational component of DAH is estimated at 15,000 mt using the 
formula found at Sec. 655.21(b)(2)(ii). The DAP and JVP components of 
DAH have historically been estimated using the Council's annual 
processor survey. However, for the years 1993 and 1994, response was 
low and did not contain projections from the large, known processors. 
In addition, inquiries regarding the utilization of displaced Alaskan 
freezer trawlers and New England groundfish trawlers for possible entry 
into the Atlantic mackerel fishery have led the Council to recommend no 
change to the DAP and JVP for the 1995 fishery. It is generally agreed 
that joint ventures have had a positive impact on the development of 
the U.S. Atlantic mackerel fishery and should be encouraged. 
[[Page 5163]] 
    The Council has recommended and NMFS proposes a specification of 
35,000 mt of JVP for the 1995 fishery. The Council also recommended and 
NMFS proposes a DAP of 50,000 mt yielding a DAH of 100,000 mt, which 
includes the 15,000 mt recreational component.
    Zero TALFF is recommended for the 1995 Atlantic mackerel fishery by 
the Council and proposed by NMFS. In 1992, the Council used testimony 
from both the domestic fishing and processing industries and analysis 
of the nine economic factors listed at Sec. 655.21(b)(2)(ii) to 
determine that mackerel produced from directed foreign fishing would 
directly compete with U.S. processed products, thus limiting markets 
available to U.S. processors. The industry was nearly unanimous in its 
assessment that a specification of other than zero TALFF would impede 
the growth of the U.S. fishery. The Council believes that an expanding 
mackerel market and uncertainty regarding world supply, due to the 
economic and political restructuring in Eastern Europe, may 
substantially increase opportunities for U.S. producers to increase 
sales to new markets abroad. Although the U.S. industry has not been 
successful in capturing a substantial market share for mackerel in the 
Caribbean, North Africa, and Europe so far, several factors indicate 
that market expansion of Atlantic mackerel may occur soon. Atlantic 
mackerel stock abundance remains high. Also, the continued low 
abundance amounts of several important groundfish stocks in the Gulf of 
Maine, southern New England, and on Georges Bank are causing further 
restrictions in fishing effort for those species and the need for many 
fishermen to redirect their effort to underutilized species. Atlantic 
mackerel is now considered a prime candidate for innovation in 
harvesting, processing, and marketing.
    As a supplement to the quota paper for the 1993 and 1994 fisheries, 
benefit-cost and sensitivity analyses were prepared by the Council and 
the NMFS. Results of the analyses indicate that in the long term a 
specification of zero TALFF will yield positive benefits to the fishery 
and to the Nation.
    The Council also recommended and NMFS proposes four special 
conditions to be imposed on the 1995 Atlantic mackerel fishery as 
follows: (1) Joint ventures are allowed, but river herring bycatch 
south of 37 deg.30' N. lat. may not exceed 0.25 percent of the over-
the-side transfers of Atlantic mackerel; (2) the Regional Director 
should do everything within his power to reduce impacts on marine 
mammals in prosecuting the Atlantic mackerel fisheries; (3) IOY may be 
increased during the year, but the total should not exceed 134,000 mt; 
and (4) applications from any given nation for a joint venture for 1995 
will not be decided on until the Regional Director determines, based on 
an evaluation of performances, that the Nation's purchase obligations 
for previous years have been fulfilled.

Atlantic Squids

    The maximum OY for Loligo is 44,000 mt. The recommended ABC for the 
1995 fishery is 36,000 mt, representing a decrease of 8,000 mt from the 
1993 and 1994 ABC of 44,000 mt. This level of ABC is based on the most 
recent stock assessments and is determined to be at a level that will 
not harm the continued growth of the resource. The 17th Northeast 
Regional Stock Assessment Workshop (SAW) concluded that Loligo is an 
annual species and does not have a 3-year lifespan, as previously 
assumed. The SAW recommended that a real-time assessment/management 
system will be needed to ensure an adequate level of spawning stock. 
This will be addressed in Amendment 5 to the FMP which is scheduled for 
public hearing this fall. Amendment 5 will also address the need to 
lower the maximum OY which is defined in the regulations governing the 
fishery to be 44,000 mt. This specification can be changed only with a 
plan amendment. In the interim, the Council believes that it would be 
prudent to reduce the ABC for conservation purposes, as suggested by 
the SAW. The Council recommended and NMFS proposes an IOY of 36,000 mt, 
which is equal to DAH and DAP. The expansion of the U.S. freezer 
trawler and refrigerated sea water fleets that participate in this 
fishery and substantially increased U.S. landings indicate that there 
is no longer a justification for foreign participation. DAH and DAP 
have historically been estimated using the Council annual processor 
survey. However, for the years 1993 and 1994, response was low and did 
not contain projections from the large, known processors. Therefore, 
the Council recommended and NMFS proposes that DAH and DAP be set at 
36,000 mt, which is equal to the ABC. These specifications do not allow 
for JVP or TALFF for Loligo.
    The maximum OY for Illex squid is 30,000 mt. Based on the best 
available scientific information, the Council recommended and NMFS 
proposes an ABC of 30,000 mt which is equal to the maximum OY. The 
Council also recommended and the Regional Director proposes that the 
IOY for Illex be set at 30,000 mt because U.S. harvesters intend to 
utilize the entire IOY. Consequently, there is no TALFF available. No 
directed foreign fishery has been specified for Illex since 1986, which 
reflects the large increases in the capacity of the East Coast freezer 
trawler fleet and projected increases in the number of vessels using 
refrigerated seawater systems capable of landing high quality Illex. 
Much of the increase in capacity is a function of a general increase in 
prices. Prices continue to remain strong in the 1994 fishery. Although 
Illex is primarily a bait squid, it has been used as a substitute for 
Loligo, a food squid, in many markets.

Butterfish

    The FMP sets the maximum OY for butterfish at 16,000 mt. Based on 
the most current stock assessments, the Council recommends and the 
Regional Director proposes an ABC of 16,000 mt for the 1995 fishery, 
unchanged from the 1992 and the 1993-94 specifications. Commercial 
landings of butterfish have been low at 4,000 mt, 2,285 mt, and 4,430 
mt for the 1991, 1992, and 1993 fisheries, respectively. Estimated 
landings for the first 3 months of 1994 were 1,732 mt. Lack of market 
demand and the difficulty in locating schools of market size fish have 
caused severe reductions in the supply of butterfish. Fishermen and 
processors believe that the size of butterfish has improved in the 1994 
fishery.
    The Council recommended and NMFS proposes an IOY for butterfish of 
10,000 mt. The U.S. industry has the potential to fully utilize this 
IOY. Thus, there is no TALFF available. The Council recommends and the 
Regional Director proposes a DAH of 10,000 mt. There has been no 
interest expressed in joint ventures, thus, the IOY is proposed at a 
level that does not allow for a JVP. The Council recommended and NMFS 
proposes that both JVP and TALFF be specified at zero for the 1995 
fisheries. However, the 6,000 mt difference between ABC and IOY is set 
aside to accommodate an increase in IOY if economic conditions dictate.

Classification

    This action is authorized by 50 CFR part 655, and these proposed 
specifications are exempt from review under E.O. 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: January 19,1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 95-1908 Filed 1-25-95; 8:45 am]
BILLING CODE 3510-22-W