[Federal Register Volume 61, Number 237 (Monday, December 9, 1996)]
[Proposed Rules]
[Pages 64852-64854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31158]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 961125338-6328-01; I.D. 103196B]
RIN 0648-AJ06


Fisheries of the Northeastern United States; Amendment 6 to the 
Fishery Management Plan for the Atlantic Mackerel, Squid, and 
Butterfish Fisheries

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues this proposed rule to implement measures contained 
in Amendment 6 to the Fishery Management Plan for the Atlantic 
Mackerel, Squid, and Butterfish Fisheries (FMP). Amendment 6, which has 
been submitted by the Mid-Atlantic Fishery Management Council (Council) 
to NMFS for approval is intended to establish additional measures to 
prevent overfishing of the Atlantic squids and butterfish, allow for 
seasonal restrictions in the Illex squid fishery to improve yield per 
recruit, and change the closure trigger for all species from 80 percent 
to 95 percent of the domestic annual harvest (DAH). Also included in 
Amendment 6 is a revision of the trip limits on bycatch of these 
species when a fishery is closed.

DATES: Comments on the proposed rule must be received on or before 
January 21, 1997.

ADDRESSES: Comments on the proposed rule should be sent to: Dr. Andrew 
A. Rosenberg, Regional Administrator, NMFS, Northeast Regional Office, 
One Blackburn Drive, Gloucester, MA 01930-2298. Mark the outside of the 
envelope, ``Comments on Amendment 6 Atlantic Mackerel, Squid, and 
Butterfish.'' Copies of Amendment 6, the environmental assessment, 
regulatory impact review, and other supporting documents are available 
upon request from David R. Keifer, Executive Director, Mid-Atlantic 
Fishery Management Council, Room 2115, Federal Building, 300 South New 
Street, Dover, DE 19904-6790.

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

SUPPLEMENTARY INFORMATION:

Background

    In 1994, NMFS conducted a national scientific review of the 
overfishing definitions in use in U.S. fisheries management plans 
(NMFS-F/SPO-17). The overfishing definitions for Illex squid, Loligo 
squid, and butterfish that were reviewed define overfishing as 
occurring when the 3-year moving average of pre-recruits from the 
Northeast Fisheries Science Center autumn bottom trawl survey falls 
within the lowest quartile of the time series 1968 to the present. The 
review found these definitions to be risky, given the short life span 
of each of these species. While previous assessments had assumed that 
both species of squid had a life span of up to 3 years, more recent 
scientific information has established that both species have only an 
annual life span. The life span for butterfish may not exceed 3 years. 
In response to the risk identified in the existing definitions, the 
21st Northeast Stock Assessment Workshop (SAW 21) derived new 
overfishing definitions for each species of squid and for butterfish. 
The Council has submitted Amendment 6 in order to establish these new 
definitions and provide adequate protection from recruitment 
overfishing for each of these species.

Illex illecebrosus

    If Amendment 6 is approved, overfishing for Illex would be defined 
as occurring when the catch associated with a threshold fishing 
mortality rate (F) of F20 is exceeded. F20 is the fishing 
mortality rate that would result in 20 percent of the maximum spawning 
potential (MSP) of the stock. This means that 20 percent of the maximum 
spawning biomass would remain in the population compared to an unfished 
population. For Illex, this overfishing definition would equate to 
roughly to F = 0.28, or an annual rate of removal of about 22 percent 
from the population due to fishing.
    Maximum optimum yield (max OY) would also be specified as the catch 
that would result from F20. To ensure that the overfishing F level 
is not closely approached, the annual quota would be specified to 
correspond to a target fishing mortality rate of F50. F50 is 
the fishing mortality rate that results in 50 percent of the MSP of the 
stock. This means that 50 percent of the spawning biomass would remain 
in the population compared to an unfished population. For Illex, this 
would equate roughly to F = 0.11, and to an annual rate of removal of 
about 8 or 9 percent from the population due to fishing.

Loligo pealei

    Overfishing for Loligo would be defined as occurring when the catch 
associated with a threshold fishing mortality rate of Fmax is 
exceeded. Fmax is the fishing mortality rate that results in the 
maximum yield per recruit. For Loligo, this overfishing threshold would 
equate roughly to F = 0.36, and to an annual rate of removal of about 
27 percent from the population due to fishing. Max OY would also be 
specified as the catch that would result from fishing at Fmax. To 
ensure that the overfishing threshold not closely approached, annual 
quota would be specified that correspond to a target fishing mortality 
rate of F50. For Loligo, this would equate roughly to F = 0.13, 
and to an annual rate of removal of about 11 percent from the 
population due to fishing.

Atlantic Butterfish

    Because current estimates of F are not statistically reliable, SAW 
21 recommended amending the existing overfishing definition, to take a 
more conservative (lower risk) approach. Overfishing would be defined 
as occurring when the 3-year moving average of pre-recruits from the 
NMFS Northeast Fisheries Science Center's autumn bottom trawl survey 
(mid-Atlantic to Georges Bank) falls within the lowest quartile of the 
time series, or when landings exceed a level that would result from a 
threshold fishing mortality rate of FMSY. Max OY would also be 
specified as the catch level that would result from fishing at 
FMSY. Thus, when an estimate of F is available, it would be 
incorporated as a management tool. FMSY is the fishing mortality 
rate that results in the maximum sustainable yield.
    In addition to defining overfishing, the current FMP specifies 
that, in order to prevent the DAH from being exceeded, the directed 
fisheries for all species will be closed when 80 percent of the DAH is 
taken. The 80-percent closure trigger was adopted when the catch data 
used to monitor the fisheries were not available on a timely basis and 
coastwide coverage of the fisheries was generally poor. Since then, 
Amendment 5 to the FMP has made logbook and dealer reporting mandatory, 
so that data quality and timeliness of receipt is improved. The Council 
adopted, and NMFS seeks public comment on, the proposed measure that 
would close the directed fishery for each species when 95 percent of 
DAH for that species is projected to be taken. During the closure, any 
vessel of the United States could retain up to 2,500 lb (1.13 mt) of

[[Page 64853]]

Loligo or butterfish and up to 5,000 lb (2.27 mt) of Illex. These 
levels would allow the fishery to be prosecuted only as a bycatch 
fishery after 95 percent of DAH is taken and would be beneficial to the 
inshore/small boat fishery since the bycatch fishery would remain open 
for the remainder of the fishing year. These bycatch levels correspond 
to the non-moratorium bycatch specifications in Amendment 5 to the FMP.
    Amendment 6 also contains a provision that would allow seasonal 
quotas to be specified annually for Illex. The FMP currently provides 
that seasonal quotas can be specified for Loligo, only. The Council 
proposes this measure to provide a mechanism that could be used to 
delay the opening of the Illex season and increase yield, since the 
animals will be given more time to grow before they are harvested. The 
seasonal closure would be implemented on an annual basis through the 
Monitoring Committee process specified in the FMP.

Classification

    This regulatory action is being processed under the accelerated 
review schedule in accordance with the Magnuson-Stevens Fishery 
Conservation and Management Act as amended (Magnuson-Stevens Act). At 
this time, NMFS has not determined that the amendment these rules would 
implement is consistent with the national standards, other provisions 
of the Magnuson-Stevens Act, and other applicable laws. NMFS, in making 
that determination, will take into account the data, views, and 
comments received during the comment period.
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this proposed rule, if adopted, 
would not have a significant economic impact on a substantial number of 
small entities as follows:

    The proposed rule would revise overfishing definitions for 
Loligo and Illex squid, and butterfish, adjust the closure trigger 
for these species from 80 percent to 95 percent of domestic annual 
harvest, revise trips limits on bycatch of these species when a 
fishery is closed, and establish a framework mechanism for seasonal 
closures in the Illex squid fishery.
    The new overfishing definition for Illex would not affect the 
current fishing patterns in this fishery. During the observed period 
(1989 through 1994), annual catch in the Illex fishery did not 
exceed 19,000 mt, the catch associated with the target fishing 
mortality rate of F50 under Amendment 6. F50 is the 
fishing mortality rate that would result in 50 percent of the of the 
maximum spawning potential of the stock. Average catch during this 
period was 14,035 mt. Based on this information, the new definition 
would not adversely affect participants and would not have a 
significant economic impact on a substantial number of small 
entities. Landings data by individual vessels in regard to size, 
horsepower, length, and other vessel characteristics have not been 
recorded for the Illex fishery. Therefore, it is not possible to 
ascertain the economic impact on individual vessels or groups of 
vessels within the fishery that would result from the implementation 
of the target fishing mortality rate of F50.
    The new overfishing definition for Loligo is expected to have 
some economic effect on this fishery because it is likely to result 
in annual quotas that reduce landings from levels in recent years. 
The effects of the target fishing mortality rate of F50 on 
revenues when compared to the 1994 season would be a reduction of 
$2,231,455, that, if evenly distributed, would mean that each vessel 
would lose $4,668 (2.46 percent decrease in total gross revenue). On 
the other hand, when compared to the average revenue from landings 
for the 1989-1994 season, there would be an increase of $1,171,620 
and each business unit would earn $2,451 (1.29 percent increase in 
total gross revenue). In either case, the impact would not be 
significant. As in the case of Illex, landings data by individual 
vessels in regard to size, horsepower, length, and other vessel 
characteristics have not been recorded for the Loligo fishery. 
Therefore, it is not possible to ascertain the economic impact on 
individual vessels or groups of vessels within the fishery that 
would result from the implementation of the target fishing mortality 
rate of F50.
    The revised overfishing definition for butterfish would have no 
economic impact on the butterfish fishery. The revision would add a 
threshold mortality rate associated with FMSY. FMSY is the 
fishing mortality rate that results in the maximum sustainable 
yield. However, the revision would not require any change in the 
proposed specification for domestic annual harvest of 5,900 mt for 
butterfish adopted by the Mid-Atlantic Fishery Management Council 
for 1997. This is the same specification as for 1996. Meanwhile, 
annual butterfish landings from 1989 to 1994 were at historically 
low levels, averaging only 3,084 mt. These landings ranged from 
2,189 mt in 1991 to 4,430 mt in 1993.
    The implementation of a closure trigger for the directed 
fisheries for squid and butterfish of 95 percent would not result in 
a significant economic impact on these fisheries. A closure trigger 
of 80 percent had been implemented in these fisheries for several 
years but had never been utilized. Increasing this trigger may have 
some positive effects, in that, more product may be available for 
the directed fishery markets as opposed to the bycatch markets. 
However, adequate price data is not available to assess this effect, 
although it is believed to be minimal.
    The seasonal closure in the Illex fishery is proposed as a 
framework provision. The economic impacts on small businesses 
resulting from a seasonal closure are dependent on the timing and 
length of the closure. This action would be expected to provide 
additional management flexibility by allowing the harvest of larger 
squid, which, in turn, can be expected to provide positive net 
benefits for participants in the fishery. Analyses regarding impacts 
on small businesses resulting from a proposed closure cannot be 
initiated until a specific proposal is made regarding length and 
time of the closure. Prior to implementation of a seasonal closure, 
the effects on small business entities will be analyzed.
    If the management measures contained in Amendment 6 are 
implemented there would be no additional costs of compliance, in 
terms of capital or variable costs, for affected vessels. No 
substantial changes in fishing behavior, e.g., areas closed to 
fishing that may leave vessels further from fishing areas, thus, 
requiring additional fuel and food costs, are associated with these 
measures. In addition, no physical changes to the vessel or its 
hull, e.g., new or additional nets, winches, leg irons, or chafing 
gear, would be required.
    Landings data by individual vessels in regard to size, 
horsepower, length, and other vessel characteristics have not been 
recorded for these fisheries. Therefore, it is not possible to 
ascertain the economic impact on individual vessels or groups of 
vessels, i.e., small or large, within the fishery that would result 
from the implementation of these management measures. Therefore, 
comparison between large and small entities are not possible at this 
time.
    These management measures would not be expected to directly 
impact exit or entry of vessels prosecuting these fisheries. 
Therefore, it is not expected that as many as 2 percent of the 
vessels or processors in these fisheries will be forced to cease 
operations if Amendment 6 is approved and implemented.

    As a result, an initial regulatory flexibility analysis was not 
prepared.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: December 2, 1996.
Gary C. Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 648 is 
proposed to be amended as follows:

PART 648--[AMENDED]

    1. The authority citation for part 648 continues to read as 
follows:

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

    2. In Sec. 648.20, paragraphs (b) through (d) are revised to read 
as follows:


Sec. 648.20  Maximum optimum yield (OYs).

* * * * *
    (b) Loligo--the catch associated with a fishing mortality rate of 
Fmax.
    (c) Illex --the catch associated with a fishing mortality rate of 
F20.

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    (d) Butterfish--the catch associated with a fishing mortality rate 
of FMSY.
    3. In Sec. 648.21, paragraph (c)(5) is revised to read as follows:


Sec. 648.21  Procedures for determining initial annual amounts.

* * * * *
    (c) * * *
    (5) Commercial seasonal quotas/closures for Loligo and Illex.
* * * * *
    4. In Sec. 648.22, paragraphs (a) and (c) are revised to read as 
follows:


Sec. 648.22  Closure of the fishery.

    (a) General. The Assistant Administrator shall close the directed 
mackerel fishery in the EEZ when U.S. fishermen have harvested 80 
percent of the DAH of that fishery if such closure is necessary to 
prevent the DAH from being exceeded. The closure shall remain in effect 
for the remainder of the fishing year, with incidental catches allowed 
as specified in paragraph (c) of this section, until the entire DAH is 
attained. When the Regional Director projects that DAH will be attained 
for mackerel, the Assistant Administrator shall close the mackerel 
fishery in the EEZ, and the incidental catches specified for mackerel 
in paragraph (c) of this section will be prohibited. The Assistant 
Administrator shall close the directed fishery in the EEZ for Loligo, 
Illex, or butterfish when 95 percent of DAH has been harvested. The 
closure of the directed fishery shall be in effect for the remainder of 
the fishing year with incidental catches allowed as specified in 
paragraph (c) of this section.
* * * * *
    (c) Incidental catches. During the closure of the directed fishery 
for mackerel, the trip limit for mackerel is 10 percent by weight of 
the total amount of fish on board. During a period of closure of the 
directed fishery for Loligo, Illex, or butterfish, the trip limit for 
Loligo and butterfish is 2,500 lb (1.13 mt) each, and the trip limit 
for Illex is 5,000 lb (2.27 mt).
[FR Doc. 96-31158 Filed 12-6-96; 8:45 am]
BILLING CODE 3510-22-F