[Federal Register Volume 65, Number 3 (Wednesday, January 5, 2000)]
[Proposed Rules]
[Pages 431-435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-119]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 991228354-9354-01; I.D. No. 111299C]
RIN 0648-AM49
Fisheries of the Northeastern United States; Atlantic Mackerel,
Squid, and Butterfish Fisheries; 2000 Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed 2000 initial specifications; request for comments.
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SUMMARY: NMFS proposes initial specifications for the 2000 fishing year
for the Atlantic mackerel, squid, and butterfish (MSB) fisheries. This
action also announces a proposed inseason adjustment to the 2000
mackerel joint venture processing (JVP) annual specifications, a
proposal to allocate the domestic annual harvest (DAH) for Loligo squid
into three 4-month periods, and a proposal to prohibit the use of any
combination of mesh or liners that effectively decreases the mesh size
below the minimum mesh size of 1\7/8\ in (48 mm). Regulations governing
these fisheries require NMFS to publish specifications for the 2000
fishing year and management measures to assure
[[Page 432]]
that the specifications are not exceeded and to provide an opportunity
for public comment. The intent of this action is to fulfill these
requirements and to promote the development and conservation of the MSB
resources.
DATES: Comments must be received at the appropriate address or fax
number (See ADDRESSES), no later than 5:00 p.m., eastern standard time,
on February 4, 2000.
ADDRESSES: Comments on the proposed specifications should be sent to:
Patricia A. Kurkul, Regional Administrator, Northeast Region Office,
NMFS, One Blackburn Drive, Gloucester, MA 01930-2298. Please mark the
envelope, ``Comments-2000 MSB Specifications.'' Comments also may be
sent via facsimile (fax) to 978-281-9135. Comments will not be accepted
if submitted via e-mail or Internet. Copies of supporting documents
used by the Mid-Atlantic Fishery Management Council, including the
Environmental Assessment and Regulatory Impact Review/Initial
Regulatory Flexibility Analysis (IRFA), are available from: Daniel
Furlong, Executive Director, Mid-Atlantic Fishery Management Council,
Room 2115, Federal Building, 300 South New Street, Dover, DE 19904-
6790.
FOR FURTHER INFORMATION CONTACT: Paul H. Jones, Fishery Policy Analyst
(978) 281-9273, fax 978-281-9135, e-mail [email protected].
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 648. These regulations require that NMFS, based
on the maximum optimum yield (Max OY) of each fishery as established by
the regulations, publish a proposed rule 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 affected
species managed under the FMP. The regulations also specify that there
will be no JVP or TALFF specified for Loligo, Illex, or butterfish,
except that a butterfish bycatch TALFF will be specified if TALFF is
specified for Atlantic mackerel. Procedures for determining the initial
annual amounts are found in Sec. 648.21.
Table 1 contains the proposed initial specifications for the 2000
Atlantic mackerel, Loligo and IlleX squids, and butterfish fisheries.
Table 1. Proposed Initial Annual Specifications, in Metric Tons (mt), for Atlantic Mackerel, Squid, and
Butterfish for the Fishing Year January 1, Through December 31, 2000
----------------------------------------------------------------------------------------------------------------
Squid
Specifications -------------------------------- Atlantic Butterfish
Loligo Illex Mackerel
----------------------------------------------------------------------------------------------------------------
Max OY.......................................... 26,000 24,000 \1\ N/A 16,000
ABC............................................. 13,000 24,000 347,000 7,200
IOY............................................. 13,000 24,000 \2\ 75,000 5,900
DAH............................................. 13,000 24,000 \3\ 75,000 5,900
DAP............................................. 13,000 24,000 50,000 0
JVP............................................. 0 0 \4\ 10,000 0
TALFF........................................... 0 0 .............. 0
----------------------------------------------------------------------------------------------------------------
\1\ Not applicable.
\2\ OY may be increased during the year, but the total ABC will not exceed 347,000 mt
\3\ Includes 15,000 mt of Atlantic mackerel recreational allocation.
\4\ JVP may be increased up to 15,000 mt at discretion of RA.
2000 Proposed Specifications
Atlantic Mackerel
Overfishing for Atlantic mackerel is defined by the FMP to occur
when the catch associated with a threshold fishing mortality rate (F)
of FMSY (where MSY is maximum sustainable yield) is
exceeded. When spawning stock biomass (SSB) is greater than 890,000
metric tons (mt), the overfishing limit is FMSY, F=0.45, and
the target F is (F=0.25). To avoid low levels of recruitment, the FMP
adopted a control rule whereby the threshold F decreases linearly from
0.45 at 890,000 mt SSB to zero at 225,000 mt SSB (\1/4\
BMSY), and the target F decreases linearly from 0.25 at
890,000 mt SSB to zero at 450,000 mt SSB (\1/2\ BMSY).
Annual quotas are specified that correspond to a target F according to
this control law.
Since SSB is currently above 890,000 mt, the target F is
F0.25. The yield associated with that target F is 369,000
mt. The ABC recommendation of 347,000 mt represents the F=0.25 yield
estimate of 369,000 mt, minus the estimated Canadian catch of 22,000
mt. The proposed IOY for the 2000 Atlantic mackerel fishery is set
equal to 75,000 mt, which is also equal to the proposed DAH plus TALFF.
The specification for DAH is computed by adding the estimated
recreational catch, the proposed DAP and JVP. The recreational
component of DAH is estimated to be 15,000 mt. DAP and JVP components
of DAH have historically been estimated using the Council's annual
processor survey. However, for the years 1994 through 2000, response to
this voluntary survey was low and did not contain projections from some
large, known processors. In addition, inquiries regarding the
utilization of displaced New England groundfish trawlers for possible
entry into the Atlantic mackerel fishery have led the Council to
recommend no change to the DAP for the 2000 fishery. While it is
generally agreed that joint ventures (JV) have had a positive impact on
the development of the U.S. Atlantic mackerel fishery, testimony from
the processing sector of the fishery indicate that market opportunities
for U.S. Atlantic mackerel are increasing. This assertion led to the
Council recommendation that JVP be set at 10,000 mt in 2000 (the same
JVP as 1999, but reduced from 15,000 mt in 1998 and 25,000 in 1997).
The Council position is that even though JV-caught mackerel could
negatively effect U.S. processing and exports, some specification of
JVP is necessary to support U.S. harvesters who are currently
constrained by the limited capacity of the U.S. processing sector. The
Council concluded that even though JVs are necessary in the short term,
the long-term policy should be to eliminate JVP to promote the
development of the U.S. processing and export industry for Atlantic
mackerel,
[[Page 433]]
which is one of the primary objectives of the current FMP.
The Council has recommended, and NMFS proposes, a specification of
10,000 mt of JVP for the 2000 fishery with a possible increase to
15,000 mt later in the year. If additional applications for JVP are
received, NMFS could increase this allocation to 15,000 mt by
publishing a notification in the Federal Register. The Council also
recommended and NMFS proposes a DAP of 50,000 mt yielding a DAH of
75,000 mt, which includes the 15,000 mt recreational component.
Zero TALFF is recommended by the Council for the 2000 Atlantic
mackerel fishery, and that recommendation is proposed by NMFS. The
Fisheries Act of 1995, Pub. L. 104-43, prohibits a specification of
TALFF unless recommended by the Council and proposed by NMFS. In 1992,
the Council based on testimony from both the domestic fishing and
processing industries and analysis of nine economic factors found at
Sec. 655.21(b)(2)(ii) determined 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 TALFF would
impede the growth of the U.S. fishery. The Council sees no evidence
that would change this determination. Further, the Council believes
that an expanding mackerel market and uncertainty regarding world
supply, due to the economic and political restructuring in Eastern
Europe and recent declines in the North Sea mackerel stock, has
resulted in increased opportunities for U.S. producers to increase
sales to new markets abroad. The U.S. industry has been successful in
capturing an increased market share for mackerel in the Caribbean,
North Africa, and Japan over the past decade, and a number of factors
indicate that market expansion for U.S. Atlantic mackerel is likely to
continue. U.S. Atlantic mackerel stock abundance remains high. Also,
the low abundance of several important groundfish stocks in the Gulf of
Maine, southern New England, and on Georges Bank are causing continued
restrictions in fishing effort for those species. These factors
increase the need for many fishermen to redirect their efforts to
underutilized species. Atlantic mackerel is 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 1998, 1999 and 2000 quota papers, the Council
provided additional analyses of the costs and benefits of directed
foreign fishing that indicated 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 shall continue to be imposed on
the 2000 Atlantic mackerel fishery as follows: (1) JVs are allowed
south of 37 deg.30' N. latitude, but river herring bycatch may not
exceed 0.25 percent of the over-the-side transfers of Atlantic
mackerel; (2) the Regional Administrator should 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 should not exceed 347,000 mt; and (4) applications from a
particular nation for a JV for 2000 will not be decided on until the
Regional Administrator determines, based on an evaluation of
performances, that the Nation's purchase obligations for previous years
have been fulfilled.
Atlantic Squids
Loligo
The FMP defines overfishing for Loligo as occurring when the catch
associated with a threshold of FMAX is exceeded
(FMAX is a proxy for FMSY). When an estimate of
FMSY becomes available, it will replace the current
overfishing proxy of FMAX. Max OY is specified as the catch
associated with a FMAX. In addition, the biomass target is
specified to equal BMSY.
The most recent stock assessment for Loligo (the 29th Northeast
Regional Stock Assessment Workshop, August 1999 (SAW-29)) concluded
that the stock is approaching an overfished condition and that
overfishing is occurring. More recently, NMFS' Report to Congress:
Status of Fisheries of the United States (October 1999) determined that
the Loligo stock is overfished. A production model indicated that
current biomass is less than BMSY, and near the biomass
threshold of 50 percent BMSY. There is a high probability
that F exceeded FMSY in 1998. The average F from the winter
fishery (October to March) over the last 5 years averaged 180 percent
of FMSY, and F from the summer fishery equaled
FMSY. In addition, recent indices of recruitment are well
below average.
The Magnuson-Stevens Fishery Conservation and Management Act
requires the Council to take remedial action to rebuild the stock to a
level that will produce MSY (BMSY) given the status
determination that Loligo is overfished. The control rule in the FMP
specifies that the target F must be reduced to zero if biomass falls
below 50 percent of BMSY. The target F increases linearly to
75 percent of FMSY as biomass increases to BMSY.
However, projections made in SAW-29 indicate that the Loligo control
rule appears to be overly conservative. The projections presented
demonstrate that the stock could be rebuilt in a relatively short
period of time, even at F values approaching FMSY.
Projections indicate that the Loligo biomass can be rebuilt to levels
approximating BMSY in 3 to 5 years if F is reduced to 90
percent of FMSY. The yield associated with this F (90
percent of FMSY) in 2000, assuming status quo F in 1999, was
estimated to be 13,000 mt based on projections from SAW-29. The
establishment of 4-month periods spreads F out over the year and is
expected to protect spawners. The current regulations still specify Max
OY as the yield associated with FMAX, or 26,000 mt.
In determining the specification of ABC for the year 2000, the
Council considered the SAW-29 projections. Based on these analyses, the
Council chose to specify ABC as the yield associated with 90 percent of
FMSY, or 13,000 mt.
Thus, the proposed Max OY for Loligo is 26,000 mt and the
recommended ABC for the 2000 fishery is 13,000 mt, representing a
decrease of 8,000 mt from the 1999 ABC of 21,000 mt. This new level of
ABC is based on the recommendation of SAW-29 and is determined to be a
level that would allow the Loligo stock to rebuild to levels at or near
BMSY within 3 to 5 years.
Distribution of Annual Loligo Quota by Three 4-Month Periods
The Council recommended and NMFS proposes an IOY of 13,000 mt,
which is equal to ABC. Management advice from SAW-29 also made special
note of the fact that yield from this fishery should be distributed
throughout the fishing year. Given that the current permitted fleet
historically has demonstrated the ability to land Loligo in excess of
the quota specified for 2000, the Council recommends, and NMFS
proposes, that the annual quota be sub-divided into three different 4-
month quota periods. The quota would be allocated to each period based
on the proportion of landings occurring in each
[[Page 434]]
4-month period from 1994-1998. The directed fishery during the first
two 4-month periods would be closed when 90 percent of the amount
allocated to the period was landed, and a trip limit of 2,500 lb (1,134
kg) would remain in effect until that quota period ends. Any underages
from 4-month period I or II will be applied to the subsequent 4-month
period and overages will be deducted from 4-month period III.
Similarly, the directed fishery would be closed in 4-month period III
when 95 percent of the annual quota has been taken. The intent of the
Council is for the fishery to operate at the 2,500 lb (1,134 kg) trip
limit level for the remainder of the quota period III. The quota,
allocated by 4-month periods, is shown in Table 2.
Table 2.--Loligo 4-Month Period Allocations
------------------------------------------------------------------------
4-Month Period Percent Metric tons
------------------------------------------------------------------------
I (Jan-Apr)................................... 42 5,460
II (May-Aug).................................. 18 2,340
III (Sep-Dec)................................. 40 5,200
-------------------------
Total....................................... 100 13,000
------------------------------------------------------------------------
In Amendment 5 to the FMP, the Council concluded that U.S. vessels
have the capacity to, and will harvest the OY on an annual basis, so
DAH equals OY. The Council also concluded that U.S. fish processors, on
an annual basis, can process that portion of the OY that will be
harvested by U.S. commercial fishing vessels, so DAP equals DAH and JVP
equals zero. Since U.S. fishing vessels have the capacity to harvest
and will attempt to harvest the entire OY, there is no portion of the
OY that can be made available for foreign fishing, so TALFF equals
zero. These determinations were made in Amendment 5 to the FMP. The
proposed values of IOY, DAH, and DAP equal 13,000 mt for the 2000
Loligo fishery, and represent a reduction of 8,000 mt from the final
1999 Loligo IOY/DAH/DAP specifications.
Loligo Gear Requirements
In addition to the quota specifications summarized here, the
Council also recommended, and NMFS proposes, that additional language
be added to the regulations pertaining to gear requirements in the
Loligo fishery. Industry members testified before the Council that some
fishermen may be rigging the inner portion of the codends used in the
Loligo fishery in a manner that alters the intended selective
properties of the regulated mesh size (1\7/8\ in (48 mm)) by using an
inner codend of substantially greater circumference than the outer
portion of the codend (i.e., the strengthener). The Council
recommended, and NMFS proposes, to remedy this situation by adding the
following language to the mesh restriction section of the regulations
governing the Loligo fishery: ``The inside webbing of the codend shall
be the same circumference or less than the outside webbing
(strengthener). In addition, the inside webbing shall not be more than
2 ft (61 cm) longer than the outside webbing.'' The addition of this
language should greatly improve enforcement of the mesh requirements in
the Loligo fishery.
Illex
The Max OY for IlleX squid is 24,000 mt. The Council recommended,
and NMFS proposes, an ABC of 24,000 mt, which is equal to the quota
associated with FMSY. Amendment 8 also changed the
definitions of overfishing for IlleX squid. The approved overfishing
definition for IlleX is, ``Overfishing for IlleX will be defined to
occur when the catch associated with a threshold fishing mortality rate
of FMSY is exceeded * * *. Maximum OY will be specified as
the catch associated with a fishing mortality rate of FMSY.
In addition, the biomass target is specified to equal BMSY.
The minimum biomass threshold is specified as \1/2\ BMSY.''
The most recent assessment of the IlleX stock (SAW-29) concluded
that the stock is not in an overfished condition and that overfishing
is not occurring. The previous assessment, the 21st Northeast Regional
Stock Assessment (1996), had concluded that the U.S. IlleX stock is
fully-exploited. Due to a lack of adequate data, the estimate of yield
at FMSY was not updated in SAW-29. However, an upper bound
on annual F was computed for the U.S. exclusive economic zone (EEZ)
portion of the stock based on a model that incorporated weekly landings
and relative fishing effort and mean squid weights during 1994-1998.
These estimates of F were well below the biological reference points.
Current absolute stock size is unknown and no stock projections were
done in SAW-29.
Since data limitations did not allow an update of yield estimates
at the threshold and target F values, the Council recommended, and NMFS
proposes, that the specification of MAX OY and ABC be specified at
24,000 mt (yield associated with FMSY). Under this option,
the directed fishery for IlleX would remain open until 95 percent of
ABC is taken (22,800 mt). When 95 percent of ABC is taken, the directed
fishery would be closed and a 5,000-lb (2,268-kg) trip limit would
remain in effect for the remainder of the fishing year. As in the case
of Loligo, Amendment 5 eliminated the possibility of JVP and TALFF for
the IlleX fishery.
Butterfish
The FMP sets OY for butterfish at 16,000 mt. Based on the most
current stock assessment, the Council recommends, and NMFS proposes, an
ABC of 7,200 mt for the 2000 fishery, representing no change in the
specifications since 1996. Commercial landings of butterfish have been
low at 3,489 mt, 2,798 mt, and 1,964 mt for the 1996 through 1998
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 are
lacking and high discard rates could be reducing potential yield.
The Council recommended and NMFS proposes an IOY and DAH for
butterfish of 5,900 mt. Amendment 5 eliminated the possibility of JVP
or TALFF specifications for butterfish except for a bycatch TALFF
specification if TALFF is specified for Atlantic mackerel. However,
since the Council recommended, and NMFS proposes, no TALFF for Atlantic
mackerel, no bycatch TALFF is necessary for butterfish.
Classification
This action is authorized by 50 CFR part 648 and complies with the
National Environmental Policy Act.
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
The Council prepared an IRFA in section 5.0 of the RIR that
describes the economic impacts this proposed rule, if adopted, would
have on small entities. A description of the action, why it is being
considered, and the legal basis for this action are contained at the
beginning of this section of the preamble and in the SUMMARY section of
the preamble. A summary of the analysis follows:
The IRFA examines the proposed specifications and several
alternatives. The Council has identified the number of potential
fishing vessels in the 2000 fisheries as 443 vessels fishing for
Loligo, 77 vessels fishing for IlleX, 443 vessels fishing for
butterfish, and 1980 vessels fishing for Atlantic mackerel. Many
vessels participate in more than one of these fisheries; therefore, the
numbers are not additive. For Atlantic mackerel, the proposed ABC
specifications of 347,000 mt and DAH of 75,000 mt, and the proposed
Illex squid
[[Page 435]]
DAH specifications of 24,000 mt, and the proposed butterfish DAH
specifications of 5,900 mt, represent no constraint on vessels in these
fisheries. There exists a surplus between the proposed specifications
and the actual landings for these species in recent years. Absent a
constraint on the fisheries, no impacts on revenues are expected. The
proposed reduction in the Loligo quota in 2000 from 21,000 mt to 13,000
mt would represent an 18-percent reduction in landings compared to the
average last three (1996-1998) landings. This reduction may result in a
5-10 percent revenue reduction (all species combined) for 121 of 443
vessels that reported landing Loligo in 1997. The remaining vessels
(322) are expected to experience a reduction of less than 5 percent.
The alternative action for Atlantic mackerel would be to set the
2000 specifications at the same level as 1999 (ABC=382,000 mt).
Although it was rejected as inconsistent with the FMP, this alternative
would also place no constraints, and consequently no revenue impacts,
on the fishery. The second alternative for mackerel was to set ABC at
the long-term potential catch, or 134,000 mt. This alternative was
found inconsistent with the FMP and would not impact the IOY
specifications. The last alternative considered for mackerel included
the elimination of JVP, which would lower the specification of IOY to
65,000 mt, also far in excess of recent landings. Both of these
alternatives would not constrain the fishery and were determined to
have no impact on revenues of participants in this fishery.
For Loligo, an alternative ABC, DAH, DAP, and IOY of 11,700 mt
would represent a 26 percent reduction in 1996-1998 average landings.
Under this scenario 161 of the 443 impacted vessels would experience
revenue reductions of greater than 5 percent. The remaining 282 vessels
would experience less than 5 percent reduction in revenue.
For IlleX, an alternative Max OY, ABC, IOY, DAH, and DAP of 30,000
mt far exceed recent landings in this fishery. Therefore, there would
be no constraints, and thus no revenue reductions, associated with
these specifications. For butterfish, the Council considered a DAH, OY,
and Max OY of 16,000 mt and a DAH and OY of 10,000 mt. Since both such
specifications would be hazardous to the health of the stock, the
Council rejected these alternatives that would also not constrain or
impact the industry.
This rule also proposes to prohibit the use of any combination of
mesh or liners in the Loligo fishery that effectively decreases the
mesh size below the minimum mesh size of 1\7/8\ in (48 mm). The
addition of language to the mesh restriction section of the regulations
governing the Loligo fishery will remedy the present situation of
rigging the inner portion of the codends in a manner that alters the
intended selective properties of the regulated mesh size by using an
inner codend of substantially greater circumference than the outer
portion of the codend. This prohibition should greatly improve
enforcement of the mesh requirements in the Loligo fishery compared
with the status quo alternative and will not adversely impact any small
entity that is not circumventing the mesh size regulations by using a
larger codend.
This proposed rule does not duplicate, overlap, or conflict with
other Federal rules. There are no recordkeeping or reporting
requirements associated with this rule.
The RIR/IRFA is available from the Council (see ADDRESSES).
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: December 29, 1999.
Andrew A. Rosenberg,
Deputy 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--FISHERIES OF THE 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. 648.21, paragraph (e) is added to read as follows:
Sec. 648.21 Procedures for determining initial annual amounts.
* * * * *
(e) Distribution of Annual Commercial Quota. (1) Beginning January
1, 2000, a commercial quota will be allocated annually into three
periods, based on the following percentages:
------------------------------------------------------------------------
Period Percent
------------------------------------------------------------------------
I--January-April........................................... 42
II--May-August............................................. 18
III--September-December.................................... 40
------------------------------------------------------------------------
(2) Beginning January 1, 2000, any underages of commercial period
quota landed from Periods I and II will be applied to Period III and
any overages of commercial quota landed from Periods I and II will be
subtracted from Period III.
3. In Sec. 648.22, paragraph (a) is revised 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 Administrator 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 when 90 percent is harvested in Periods I and II, and when 95
percent of DAH has been harvested in Period III. The Assistant
Administrator shall close the directed fishery in the EEZ for 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.
* * * * *
4. In Sec. 648.23, paragraph (c) is revised to read as follows:
Sec. 648.23 Gear restrictions.
* * * * *
(c) Mesh obstruction or constriction. The owner or operator of a
fishing vessel shall not use any combination of mesh or liners that
effectively decreases the mesh size below the minimum mesh size, except
that a liner may be used to close the opening created by the rings in
the rearmost portion of the net, provided the liner extends no more
than 10 meshes forward of the rearmost portion of the net. The inside
webbing of the codend shall be the same circumference or less than the
outside webbing (strengthener). In addition, the inside webbing shall
not be more than 2 ft (61 cm) longer than the outside webbing.
* * * * *
[FR Doc. 00-119 Filed 1-4-00; 8:45 am]
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