[Federal Register Volume 60, Number 245 (Thursday, December 21, 1995)]
[Proposed Rules]
[Pages 66249-66251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31119]
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DEPARTMENT OF COMMERCE
50 CFR Part 655
[Docket No. 951211295-5295-01; I.D. 111595C]
RIN 0648-XX37
Atlantic Mackerel, Squid, and Butterfish Fisheries; 1996
Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed 1996 initial specifications; request for comments.
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SUMMARY: NMFS proposes initial specifications for the 1996 fishing year
for Atlantic mackerel, squid, and butterfish (SMB). Regulations
governing these fisheries require NMFS to publish specifications for
the upcoming fishing year and provide an opportunity for the public to
comment. This action is intended to promote the development of the U.S.
SMB fisheries.
DATES: Public comments must be received on or before January 17, 1996.
ADDRESSES: 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 Dr. Andrew A. Rosenberg, Director,
Northeast Region, NMFS, 1 Blackburn Drive, Gloucester, MA 01930. Please
mark the envelope ``Comments--1996 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)
[[Page 66250]]
prepared by the Mid-Atlantic Fishery Management Council (Council)
appear at 50 CFR part 655. These regulations stipulate that NMFS
publish a document specifying the initial annual amounts of the optimum
yield (IOY), 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 3 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
1996. These specifications are based on the recommendations of the
Council.
Preliminary Initial Annual Specifications for SMB for the Fishing Year
[January 1 through December 31, 1996 (mt)]
----------------------------------------------------------------------------------------------------------------
Squids
Specifications -------------------------- Atlantic Butterfish
Loligo Illex Mackerel
----------------------------------------------------------------------------------------------------------------
Max OY \1\.................................................. 44,000 30,000 \2\ N/A 16,000
ABC \3\..................................................... 30,000 30,000 1,175,500 7,200
IOY......................................................... 25,000 21,000 \4\ 105,500 5,900
DAH......................................................... 25,000 21,000 105,500 5,900
DAP......................................................... 25,000 21,000 50,000 5,900
JVP......................................................... 0 0 35,000 0
TALFF....................................................... 0 0 0 0
----------------------------------------------------------------------------------------------------------------
\1\ Max optimum yield (OY) as stated in the FMP.
\2\ Not applicable, see the FMP.
\3\ IOY can increase to this amount.
\4\ Contains 20,500 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 biomass (SSB) in the year following
the year for which catch estimates and quotas are being prepared, equal
to or greater than 600,000 mt.
The Council recommended an ABC of 125,500 mt, derived by
subtracting the estimated Canadian catch of 24,500 mt from the long-
term potential yield of 150,000 mt, which was estimated at the 20th
Northeast Regional Stock Assessment Workshop (20th SAW) concluded in
August 1995. This recommendation for ABC was based on the provisions
for deriving that value as contained in Amendment 5 to the FMP.
However, NMFS has determined that ABC should be calculated in
accordance with Sec. 655.21 (b)(2)(i), while still using the most
recent stock assessment. It would be premature to use the provisions of
Amendment 5 to determine ABC for 1996 since the amendment is still
undergoing Secretarial review and has not been approved or implemented.
The 20th SAW concluded that productivity appears to decline when SSB
falls below 900,000 mt. Therefore, the ABC specification for Atlantic
mackerel is proposed at 1,175,500 mt. This level of ABC would leave an
SSB of 900,000 mt for the following year (1997) from a mean starting
value of SSB of 2,100,000 mt while also taking into account a projected
Canadian catch of 24,500 mt.
The proposed IOY for the 1996 Atlantic mackerel fishery is set at
105,500 mt, equal to the proposed DAH. The specification for DAH is
computed by adding the estimated recreational catch, the proposed DAP,
and the proposed JVP. The recreational component of DAH is estimated to
be 20,500 mt, using a formula found at Sec. 655.21(b)(2)(ii). DAP and
JVP components of DAH have historically been estimated using the
Council's annual processor survey. However, for the years 1994 and
1995, 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 1996 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.
The Council has recommended and NMFS proposes a DAH of 105,500 mt,
which includes the 20,500 mt recreational component. The Council also
recommended and NMFS proposes a DAP of 50,000 mt. The difference
between DAH (minus the recreational component) and DAP allows for a JVP
of 35,000 mt.
Zero TALFF is recommended for the 1996 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 nine economic factors found at Sec. 655.21(b)(2)(ii) to determine
that mackerel produced from directed foreign fishing would compete
directly 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 TALFF would impede the growth of the U.S.
fishery. The Council sees no evidence that this evaluation has changed.
Further, 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
[[Page 66251]]
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
NMFS. Results of the analyses indicated that in the long term a
specification of zero TALFF will yield positive benefits to the fishery
and to the Nation. In its 1996 quota paper, the Council provides an
additional analysis of the costs and benefits of directed foreign
fishing, which indicates that the conclusions reached in prior analyses
of zero TALFF have not changed.
The Council also recommended and NMFS proposes that four special
conditions imposed in previous years continue to be imposed on the 1996
Atlantic mackerel fishery as follows: (1) Joint ventures are allowed
south of 37 deg.30' N. lat., but river herring bycatch may not exceed
0.25 percent of the over-the-side transfers of Atlantic mackerel; (2)
the Regional Director, Northeast region, NMFS, should ensure that
adverse impacts on marine mammals are reduced in the prosecution of the
Atlantic mackerel fishery; (3) the mackerel OY may be increased during
the year as described under Sec. 655.21(b)(2)(iv) in consultation with
the Council, but the total should not exceed 125,500 mt; and (4)
applications from a particular nation for a joint venture for 1996 will
not be approved 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 (Max OY) for Loligo is 44,000 mt. The recommended
ABC for the 1996 fishery is 30,000 mt, representing a decrease of 6,000
mt from the 1995 ABC of 36,000 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 SAW
concluded that Loligo is an annual species and does not have a 3-year
life span, as previously assumed. The 17th SAW recommended that a real-
time assessment/management system be used to ensure an adequate level
of spawning stock. This will be addressed in Amendment 5 to the FMP,
which has been submitted to the Secretary of Commerce for review.
Amendment 5 will also address the need to lower the Max 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 17th SAW. The
Council recommended and NMFS proposes an IOY of 25,000 mt, which is
5,000 mt less than ABC and equal to DAH and DAP. DAH and DAP have
historically been estimated using the Council annual processor survey.
However, for 1995, response was low and did not contain projections
from the large, known processors. Furthermore, the Council believes
that these stocks may be susceptible to recruitment overfishing due to
the 1-year life span of the animals, and in the absence of real-time
assessment/management, the Council has chosen a conservative strategy.
The proposed IOY/DAH/DAP of 25,000 mt for the 1996 fishery represents a
decrease of 11,000 mt from the final 1995 IOY/DAH/DAP of 36,000 mt.
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. Therefore, zero JVP and TALFF
are specified for the 1996 Loligo fishery.
The Max OY for Illex squid is 30,000 mt. The Council recommended
and NMFS proposes an ABC of 30,000 mt, which is equal to the Max OY.
However, the Council has recommended and the Regional Director proposes
that the IOY for Illex be set at 21,000 mt, 9,000 mt below the ABC, due
to the conclusion that Illex has a life span of only 1 year and is,
therefore, susceptible to recruitment overfishing. Though the 17th SAW
determined that Illex has a life span of 1 year, no recommendations to
adjust Max OY ensued. The 17th SAW recommended that, since Illex is a
transboundary stock between the United States and Canada, a joint
assessment be conducted before a revised Max OY is recommended.
However, the 17th SAW advised that the current MSY for Illex may be
inappropriate and cautioned that, while the stock is under-exploited
based on current MSY, the potential for recruitment overfishing may be
substantial. 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. Because U.S. vessels have the capacity to harvest the
IOY, no joint venture processing is proposed 1996 fishery.
Butterfish
The FMP sets the Max 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 7,200 mt for the 1996 fishery, representing
a decrease of 8,800 mt from the 1995 final initial specification.
Commercial landings of butterfish have been low at 4,000 mt, 2,285 mt,
4,430 mt, and 3,537 mt for the 1991 through 1994 fisheries,
respectively. Lack of market demand and the difficulty in locating
schools of market size fish have caused severe reductions in the supply
of butterfish. Discard data from the offshore fishery is lacking and
high discard rates could be reducing potential yield.
The Council recommended and NMFS proposes an IOY for butterfish of
5,900 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 5,900 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 1996
fisheries. However, a 1,300 mt difference between ABC and IOY is
available 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: December 15, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 95-31119 Filed 12-18-95; 2:30 pm]
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