[Federal Register Volume 63, Number 7 (Monday, January 12, 1998)]
[Rules and Regulations]
[Pages 1773-1774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-701]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 971107264-8001-02; I.D. 102297A]
RIN 0648-AK47


Fisheries of the Northeastern United States; Atlantic Mackerel, 
Squid, and Butterfish Fisheries; 1998 Specifications

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

ACTION: Final 1998 initial specifications.

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SUMMARY: NMFS issues final initial specifications for the 1998 fishing 
year for Atlantic mackerel, squid, and butterfish. Regulations 
governing these fisheries require NMFS to publish specifications for 
the upcoming fishing year and provide an opportunity for the public to 
comment.

DATES: The final initial specifications for 1998 are effective January 
1, 1998, through December 31, 1998. Revised Sec. 648.23(a) is effective 
January 12, 1998.

ADDRESSES: Copies of the Mid-Atlantic Fishery Management Council's 
quota paper and recommendations, the Environmental Assessment, and 
Regulatory Impact Review, including analysis of impacts under the 
Regulatory Flexibility Act, are available from David R. Keifer, 
Executive Director, Mid-Atlantic Fishery Management Council, Room 2115, 
Federal Building, 300 South New Street, Dover, DE 19901.

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

SUPPLEMENTARY INFORMATION: Regulations implementing the Fishery 
Management Plan for the Atlantic Mackerel, Squid, and Butterfish 
Fisheries (FMP) prepared by the Mid-Atlantic Fishery Management Council 
(Council) appear at 50 CFR part 648. These regulations require NMFS to 
publish specifications for 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. In 
addition to commercial quotas, the Council, in consultation with its 
Squid, Mackerel, and Butterfish Technical Monitoring Committee, may 
recommend: Revisions to the amount of squid and butterfish that may be 
retained, possessed, and landed by vessels issued the incidental catch 
permit, commercial minimum fish sizes, commercial trip limits, 
commercial seasonal quotas/closures for Loligo or Illex squid, minimum 
mesh sizes, commercial gear restrictions, recreational harvest limits, 
recreational minimum fish sizes, and recreational possession limits.
    The proposed rule whose preamble contained proposed 1998 initial 
specifications was published on November 26, 1997 (62 FR 63064). The 
final initial specifications are unchanged from those that were 
proposed. A complete discussion of the specifications was published in 
the preamble to the proposed rule and is not repeated here.
    The following table contains the final initial specifications for 
the 1998 Atlantic mackerel, Loligo and Illex squids, and butterfish 
fisheries as recommended by the Council.

 Final Initial Annual Specifications for Atlantic Mackerel, Squid, and Butterfish for the Fishing Year January 1
                                         Through December 31, 1998. (mt)                                        
----------------------------------------------------------------------------------------------------------------
                                                                        Squid                                   
                       Specifications                        --------------------------   Atlantic    Butterfish
                                                                 Loligo       Illex       mackerel              
----------------------------------------------------------------------------------------------------------------
Max OY......................................................       26,000       24,000      \1\ N/A       16,000
ABC.........................................................       21,000       19,000      382,000        7,200
IOY.........................................................       21,000       19,000   \2\ 80,000        5,900
DAH.........................................................       21,000       19,000   \3\ 80,000        5,900
DAP.........................................................       21,000       19,000       50,000        5,900
JVP.........................................................            0            0       15,000            0
TALFF.......................................................            0            0            0           0 
----------------------------------------------------------------------------------------------------------------
\1\ Not applicable.                                                                                             
\2\ OY may be increased during the year, but the total cannot exceed 382,000 mt.                                
\3\ Includes 15,000 mt of Atlantic mackerel recreational allocation.                                            

    Four special conditions imposed in previous years continue to be 
imposed on the 1998 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 Administrator, Northeast Region, NMFS 
(Regional Administrator), must ensure that impacts on marine mammals 
are reduced in the prosecution of the Atlantic mackerel fishery; (3) 
the mackerel OY may be increased during the year, but the total must 
not exceed the ABC; and (4) applications from a nation for a joint 
venture for 1998 cannot be acted upon until the Regional Administrator 
determines, based on an evaluation of performance, that the nation's 
purchase obligations from previous years have been fulfilled.

Framework Measure for Loligo Squid Nets

    Amendment 5 to the FMP established a minimum mesh requirement of 
1\7/8\ inches (48-mm) throughout the entire net for vessels possessing 
Loligo squid. Amendment 5 also established a framework procedure 
whereby the minimum mesh provision for Loligo squid could be 
reconsidered by the Council on an annual basis.
    Numerous members of the commercial fishing industry testified 
before the Council that the minimum mesh size requirement, because it 
applied throughout the entire net, was creating a compliance problem 
for the squid industry. Testimony was given that after continuous use, 
meshes forward of the codend become distorted and shrink. Because the 
body of the net forward of the codend lasts significantly longer than 
the codend, this problem becomes more acute with time. Industry is 
concerned that nets, which were legal when new, could violate the 
minimum mesh size requirement after extended use. Since selection 
occurs in the

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codend of the net, industry argues that the requirement for a minimum 
mesh size throughout the entire net is creating an unnecessary burden 
on it.
    In response to these concerns the Council decided to change the 
minimum mesh size requirement for Loligo squid nets to make it 
applicable to the codend of the net only. The minimum mesh size of 1\7/
8\ inches (48 mm) remains unchanged. Accordingly, this final rule 
requires that Loligo squid nets for 1998 have a minimum mesh size of 
1\7/8\ inches (48 mm) diamond, inside stretch measure, applied 
throughout the codend for at least 150 continuous meshes forward of the 
terminus of the net, or if the net is not long enough for such a 
measurement, the terminal one-third of the net, measured from the 
terminus of the net to the head rope. This should relieve the industry 
of the costs associated with replacing the body of the net before its 
useful service life has been realized. The effects on the fishery 
should be minimal since the selection process, which occurs in the 
codend, will be unchanged. The Council concluded that the benefits to 
the industry in terms of cost savings far outweighed any negative 
effects of applying the mesh requirement to the codend only. Additional 
savings in terms of enforcement of the mesh regulations should be 
realized since enforcement officers will only be required to check mesh 
sizes in the codend instead of the entire net, which in most cases is 
quite large and can consume a significant amount of time during the 
boarding process.

Comments and Responses

    One comment from a U.S. Congressman was received opposing the 
proposed 1998 JVP Atlantic mackerel specification of 15,000 mt. No 
comments were received on the other annual specifications or on the 
Loligo squid net minimum mesh size requirement.
    Comment: The commenter stated that competition from foreign 
processors engaged in joint ventures with American fishermen is now 
reducing the markets available to shore-based American processors. This 
commenter recommends that the JVP specification for 1998 be reduced to 
zero.
    Response: The 1998 JVP specification of 15,000 mt is 10,000 mt less 
than the 1997 JVP specification to reflect the Council's concern that 
JVPs could have a negative effect on the further development of the 
U.S. export market. The potential for future North Sea mackerel TAC 
reductions may provide an opportunity for U.S. producers to sell 
additional mackerel in the international market. The reduction is 
consistent with the Council's stated policy to proceed on a course that 
recognizes the need for JVP in the short term to allow U.S. harvesters 
to take mackerel at levels in excess of current U.S. processing 
capacity. However, in the longer term the Council intends to reduce the 
JVP specification to zero as U.S. processing and export capacity 
increases.

Classification

    These final specifications are authorized by 50 CFR part 648, 
comply with the National Environmental Policy Act, and are exempt from 
review under E.O. 12866. The revision to Sec. 648.23(a) 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 when this rule was proposed that it 
would not have a significant economic impact on a substantial number of 
small entities. No comments were received regarding this certification. 
As a result, a regulatory flexibility analysis was not prepared.
    Pursuant to 5 U.S.C. 553(d)(3), the Assistant Administrator for 
Fisheries, NOAA, finds for good cause that a delay in the effective 
date of the final initial specifications for the 1998 fishing year for 
Atlantic mackerel, squid, and butterfish is unnecessary because they do 
not establish any requirement for which a regulated entity must come 
into compliance. The specifications are year-long quotas and are used 
for the sole purpose of closing the fishery when the amounts specified 
have been taken. The change in the minimum mesh size requirement for 
Loligo squid nets relieves a restriction on the industry. Accordingly, 
under 5 U.S.C. 553(d)(1) it is not subject to a 30-day delay in 
effectiveness.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: January 6, 1998.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 648, Subpart 
B, is amended as follows:

PART 648--FISHERIES OF NORTHEASTERN UNITED STATES

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

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

    2. In Sec. 648.23, paragraph (a) introductory text is revised to 
read as follows:


Sec. 648.23  Gear restrictions.

    (a) Mesh restrictions and exemptions. Owners or operators of otter 
trawl vessels possessing Loligo harvested in or from the EEZ may only 
fish with nets having a minimum mesh size of 1\7/8\ inches (48 mm) 
diamond mesh, inside stretch measure, applied throughout the codend for 
at least 150 continuous meshes forward of the terminus of the net, or 
for codends with less than 150 meshes, the minimum mesh size codend 
shall be a minimum of one-third of the net measured from the terminus 
of the codend to the head rope, unless they are fishing during the 
months of June, July, August, and September for Illex seaward of the 
following coordinates (copies of a map depicting this area are 
available from the Regional Administrator upon request):
* * * * *
[FR Doc. 98-701 Filed 1-9-98; 8:45 am]
BILLING CODE 3510-22-P