[Federal Register Volume 65, Number 60 (Tuesday, March 28, 2000)]
[Rules and Regulations]
[Pages 16341-16345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7514]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 991228354-0078-02; 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: Final rule; specifications for 2000.

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SUMMARY: NMFS issues final specifications for the 2000 fishing year for 
Atlantic mackerel, squid, and butterfish (MSB). This rule also 
allocates the domestic annual harvest for Loligo squid into three 4-
month periods, and prohibits 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). The intent of this rule is to comply with 
the regulations for MSB that require NMFS to publish specifications for 
each fishing year to conserve and manage the resource in compliance 
with the regulations, fishery management plan, and Magnuson-Stevens 
Fishery Conservation and Management Act.

DATES: The quotas for Loligo and Illex squid, Atlantic mackerel, and 
butterfish are effective March 22, 2000, through December 31, 2000. 
Sections 648.21(e) and 648.22(a) are effective March 22, 2000. Section 
648.23(c) is effective April 27, 2000.

ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact 
Review/Initial and Final Regulatory Flexibility Analyses (EA/RIR/IRFA), 
are available from Patricia A. Kurkul, Regional Administrator, National 
Marine Fisheries Service, One Blackburn Drive, Gloucester, MA 01930-
2298. The EA/RIR/IRFA is accessible via the Internet at http://www.nero.gov/ro/doc/nr.htm.

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) require NMFS to publish annual specifications for initial 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.
    Proposed 2000 initial specifications were published on January 5, 
2000 (65 FR 431). Public comments were requested through February 4, 
2000. The final specifications are unchanged from those that were 
proposed. A complete discussion of the specifications appears in the 
preamble to the proposed rule and is not repeated here.

2000 Final Specifications

    The following table contains the final specifications for the 2000 
MSB fisheries as recommended by the Mid-

[[Page 16342]]

Atlantic Fishery Management Council (Council).

 Table 1.--Final Annual Specifications for Atlantic Mackerel, Squid, and Butterfish for the Fishing Year January
                                           1 through December 31, 2000
                                               [Metric Tons (mt)]
----------------------------------------------------------------------------------------------------------------
                                                                       Squid
                       Specifications                       --------------------------   Atlantic     Butterfish
                                                                Loligo       Illex       mackerel
----------------------------------------------------------------------------------------------------------------
Max OY.....................................................       26,000       24,000       1 \(1)\        6,000
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           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 the Regional Administrator.

Joint Ventures

    This rule also specifies an Atlantic mackerel JVP of 10,000 mt for 
the 2000 fishery, with a possible increase of up to 5,000 mt for a 
total JVP of up to 15,000 mt later in the fishing year. If applications 
received for JVP account for more than 10,000 mt in a fishing year, 
NMFS may increase this allocation up to 15,000 mt by publishing a final 
rule in the Federal Register. NMFS believes that increasing the JVP in 
this way could provide additional opportunities for U.S. vessels to 
participate in joint venture (JV) fisheries. This action also specifies 
an Atlantic mackerel DAP of 50,000 mt and a DAH of 75,000 mt, which 
includes a 15,000-mt recreational component.
    Four special conditions recommended by the Council and imposed by 
NMFS in previous years continue to apply to the 2000 Atlantic mackerel 
fishery as follows: (1) River herring bycatch may not exceed 0.25 
percent of the over-the-side transfers of Atlantic mackerel in JVs 
south of 37 deg.30' N. lat.; (2) The Regional Administrator (RA) must 
ensure that impacts on marine mammals are reduced in the prosecution of 
the Atlantic mackerel fishery; (3) If the Atlantic mackerel IOY is 
increased during the year, the total may not exceed 347,000 mt; and (4) 
Applications for a JV with a particular Nation's vessels for 2000 
cannot be considered until the RA determines, based on an evaluation of 
performances, that the Nation's purchase obligations for previous years 
have been fulfilled.

Atlantic Squids

Loligo Gear Requirements
    In addition to the quota specifications, this rule establishes 
additional gear requirements for the Loligo fishery as follows: ``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.'' This is intended to help improve enforcement of the minimum 
mesh size requirements in the Loligo fishery while preserving the 
intended selective properties of the regulated mesh size (1\7/8\ in (48 
mm)).

Distribution of Annual Loligo Quota by Three 4-Month Periods

    This rule specifies a Loligo squid IOY of 13,000 mt, which is equal 
to ABC, and sub-divides the annual quota into three 4-month quota 
periods (Period I (Jan-Apr), Period II (May-Aug), and Period III (Sep-
Dec)). The quota is allocated to each period based on the average 
proportion of landings that occurred in each 4-month period during the 
years 1994-1998. The directed Loligo fishery during Periods I and II 
will be closed when 90 percent of the amount allocated to the 
respective period is landed. The directed Loligo fishery will be closed 
in Period III when 95 percent of the annual quota has been taken. Once 
the directed squid fishery closes for a given period, a 2,500-lb 
(1,134-kg) Loligo trip limit would remain in place until the end of the 
respective period. The quota, allocated by 4-month periods, is shown in 
Table 2.

               Table 2.--Loligo 4-Month Period Allocations
------------------------------------------------------------------------
                                                                  Metric
                    4-month period                      Percent    tons
------------------------------------------------------------------------
I (Jan-Apr)...........................................     42      5,460
II (May-Aug)..........................................     18      2,340
III (Sep-Dec).........................................     40      5,200
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
    Total.............................................    100     13,000
------------------------------------------------------------------------

Changes From the Proposed Rule

    The Council recommended that any Period I or II quota underage be 
applied to the next trimester and that quota overages from Periods I 
and II be deducted from Period III. NMFS, in the preamble to the 
proposed rule, tried to clarify the Council's intent and proposed that 
any Period I and II quota underages be applied to Period III and any 
Period I and II quota overages be subtracted from Period III. However, 
that proposal would not provide the time needed to assess landings 
before the start of Period III. Each of the three trimester periods 
follow a monthly schedule, and not reporting weeks, therefore, the 
weekly reports using the data gathered by NMFS'' interactive voice 
response (IVR) will need to be adjusted to account for reporting weeks 
in which a period ends in the middle of that week. This adjustment is 
accomplished by either adding or subtracting landings from one period 
or the other. Final landings are determined by using all sources of 
data available to NMFS, including detailed trip level dealer and vessel 
reports, to validate the weekly IVR data. This process normally takes 
60 to 90 days, depending on the availability of the data. By revising 
Sec. 648.21(e)(2) to apply any Period I and II quota underages or 
overages to Period

[[Page 16343]]

III after November 15 of the same year, NMFS will have 75 days to 
validate the quota monitoring data and to make changes to the Period 
III commercial quota.
    Editorial simplification and clarifications were made to 
Sec. 648.23(c) to clarify further the mesh obstruction or constriction 
prohibition.

Comments and Responses

    Eight comments were received on the proposed annual specifications 
and regulations. Summaries of the comments and responses on them are 
provided below.
    Comment 1: In the proposed rule, DAH for Atlantic mackerel is 
composed of 15,000 mt for the recreational fishery, 50,000 mt for DAP, 
and 10,000 mt for JVP. A commenter proposed instead to specify 65,000 
mt for DAH (15,000 mt for the recreational fishery), 35,000 mt for DAP, 
and 15,000 mt for JVP. The commenter noted that processors in past 
years have not attained the DAP levels recommended by the Council. The 
commenter also proposed allocation of 45,000 mt of TALFF to provide 
directed fishing as an incentive to foreign vessels considering JVs.
    Response 1: These proposals, which could negatively affect U.S. 
processing and exports by infringing on markets currently engaged in by 
domestic processors, go well beyond any measures discussed and analyzed 
by the Council. In order to be considered by NMFS, all recommendations 
should be made through the Council for its consideration and analysis. 
Since passage of the American Fisheries Act of 1995, TALFF for mackerel 
may not be specified unless recommended by the appropriate Regional 
Fishery Management Council. However, NMFS may adjust JVP up to 15,000 
mt, the level preferred by the commenter, provided certain conditions 
are met.
    Comment 2: One commenter observed that the Atlantic mackerel 
specifications should be set for 2 fishing years, rather than 1.
    Response 2: Setting the specifications for more than 1 year is not 
allowed under the FMP.
    Comment 3: One commenter argued that there was not ample time to 
comment on proposed 2000 specifications. The draft EA/RIR/IRFA document 
was posted on the Internet in November 1999 and the comment period was 
only January 20, 2000, through February 4, 2000.
    Response 3: The draft EA/RIR/IRFA document was posted on the 
Internet January 6, 2000, and the comment period was January 5, 2000 
through February 4, 2000, allowing 30 days for written comments. NMFS 
believes that this is an adequate amount of time to solicit comments 
and notes that a 30-day comment period has been used for all Mid-
Atlantic Council annual specifications for the past 10 years.
    Comment 4: One commenter stated that very few vessels actually 
direct effort on both Loligo and Illex in a given year. If the first 
part of the year is closed to Loligo fishing when the proposed 
trimester quota is harvested, squid fishermen will have few, if any, 
other fisheries in which to participate.
    Response 4: The commercial fishery for Loligo is primarily 
prosecuted with otter trawls and often harvests a mix of species, 
including Loligo, scup, black sea bass, summer flounder, Atlantic 
mackerel, and silver hake. Although the DAH for Loligo is less in 2000 
than in 1999, the establishment of seasonal quotas for each of the 
trimesters preserves the percent of harvest for each of those 3 
periods, based on 1994-1998 landings patterns. Loligo matures in a year 
or less from birth, therefore it is hoped that stock recovery will be 
rapid and higher DAHs will be possible within the next few years.
    Comment 5: One commenter asked where in the draft EA/RIR/IRFA 
document are figures and information regarding the profile of the 
recreational squid fishery?
    Response 5: In Section 8.4, on page 43 of the EA/RIR/IRFA document 
there is a discussion of the recreational squid fishery. The primary 
use of squid in the recreation sector is for bait.
    Comment 6: Several commenters disagree with the 38 percent 
reduction in Loligo quota from 1999 and requested that the Loligo 2000 
ABC be set at the 1999 ABC level of 21,000 mt.
    Response 6: Because Loligo has been designated as overfished, the 
Council is required under the Magnuson-Stevens Act to implement a stock 
rebuilding strategy that will allow the Loligo stock to rebuild to 
levels that will produce the maximum sustainable yield 
(BMSY) in as short a time period as possible, not to exceed 
10 years. Stock projections from Stock Assessment Workshop (SAW)-29 
indicated that the stock would rebuild to the BMSY level in 
3 to 5 years if the fishing mortality rate is reduced below the level 
that would allow the stocks to produce MSY (FMSY). As a 
result, the Council recommended, and NMFS implements by this action, an 
ABC specification for 2000 consistent with landings that would result 
from a fishing mortality rate of 90 percent of FMSY, or 
13,000 mt. This specification represents an 8,000 mt reduction from the 
21,000-mt ABC specified in 1999. However, the specification represents 
only an 18-percent reduction in landings relative to the average 
landings for the past 3 years (1996-1998). Specifying the Loligo 2000 
ABC at the 1999 ABC level of 21,000 mt would conflict with the 
requirements of the Magnuson-Stevens Act to end overfishing and rebuild 
the resource.
    Comment 7: Because of the small 2000 Loligo specification, one 
commenter stated that factory vessels will have the capacity to control 
the entire trimester quota allocation.
    Response 7: Management advice from SAW-29 made special note that 
yield from the Loligo 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 recommended, and NMFS has approved, a 
management action to sub-divide the annual quota into three quota 
periods (trimesters). The quota, which is allocated to each period 
based on the proportion of historical landings occurring in each 
trimester from 1994-1998, is divided as follows: Period I (January-
April) is 5,460 mt (42 percent of the total); Period II (May-August) is 
2,340 mt (18 percent of the total); and Period III (September-December) 
is 5,200 mt (40 percent of the total). NMFS believes that allocation of 
seasonal quotas allows all vessels to utilize the entire trimester 
quota allocations, and notes there is no information available to 
indicate that factory vessels will have more disproportionate access to 
Loligo than they had under the annual quota system.
    Comment 8: One commenter stated that the proposed rule does not set 
forth or project the 1999 Loligo landings.
    Response 8: On page 5 of the EA/RIR/IRFA, supporting documents for 
the annual specifications, Table 2, lists the preliminary Loligo 
landings through September 11, 1999, as 11,004 mt.
    Comment 9: One commenter believed that NMFS disregarded the best 
available scientific information and failed to provide updated 
estimates to reconcile the impacts of predators on the Loligo stock. 
The commenter also asked what are the agency's updated marine mammal 
consumption estimates (for Loligo), based on the updated mammal stock 
assessments as required by the Marine Mammal Protection Act, how has 
the agency taken these energetic requirements into consideration, and 
how have these large removal levels impacted Loligo stock survey and 
biomass estimates. The commenter believed that the proposed rule did 
not appear to address this important issue about total Loligo squid

[[Page 16344]]

mortality and ,therefore, did not use the best available scientific 
information.
    Response 9: Loligo squid is an important forage species consumed in 
quantity by many fish, bird, and marine mammal predators. 
Unfortunately, there is currently no way to estimate the amount of 
Loligo taken by marine mammals because there are too many variables to 
consider. Natural mortality (e.g., primarily predation) and human 
predation (fishing mortality) are ``additive'' as rates. As human 
predation increases, the resulting total mortality increases. The only 
element in the total mortality that can be controlled at this time is 
human predation. NMFS believes that the final Loligo specifications are 
based on the best scientific information available.
    Comment 10: One commenter asked since real-time monitoring is 
critical but not a component of the current plan, how can NMFS 
accurately monitor the Loligo specifications and determine the status 
of the stock?
    Response 10: NMFS currently collects landings for Loligo every week 
via the IVR dealer reporting system. These electronic reports are then 
followed by detailed dealer and vessel reports that are submitted 
monthly. The IVR system allows NMFS to monitor accurately the Loligo 
specifications and determine the status of the stock.

Classification

    This action is authorized by 50 CFR part 648 and complies with the 
National Environmental Policy Act.
    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    NMFS completed a final regulatory flexibility analysis (FRFA) that 
contains the items specified in 5 U.S.C. sec. 604(a). The FRFA is as 
follows:
    Final Regulatory Flexibility Analysis for Atlantic Mackerel, Squid, 
and Butterfish 2000 Specifications

Need for, and Objectives of, the Rule

    This rule is needed to establish annual specifications for the 
Atlantic mackerel, squid and butterfish (MSB) fisheries and to prevent 
circumvention of a mesh restriction. The intent of this rule is to 
comply with the regulations for MSB that require the National Marine 
Fisheries Service (NMFS) to publish specifications for each fishing 
year to conserve and manage the resource in compliance with the 
regulations, fishery management plan (FMP), and Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act).

Public Comments

    Three comments were submitted on the initial regulatory flexibility 
analysis (IRFA). These comments are addressed in the Comments and 
Responses section of the preamble to the final rule. No significant 
issues were raised by these comments, and no changes were made to the 
rule as a result of these comments.

Number of Small Entities

    There are 443 vessels fishing for Loligo, 77 for Illex, 443 for 
butterfish, and 1,980 for Atlantic mackerel in 1997 that would likely 
be impacted by the 2000 specifications. Many vessels participate in 
more than one of these fisheries; therefore, the numbers are not 
additive. The final Illex, butterfish, and Atlantic mackerel 
specifications represent no constraint on vessels in these fisheries as 
there exists a surplus between the proposed specifications and the 
actual landings for these species in recent years. The final 
specifications for Loligo represent an 18-percent reduction in landings 
compared to the average last 3 years' (1996-1998) landings. This 
reduction may result in a 5 to 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 in revenues of less than 5 percent.

Cost of Compliance

    No additional costs of compliance, including those associated with 
recordkeeping and reporting, would result from the implementation of 
the quotas. There are no recordkeeping or reporting requirements 
associated with this rule. The prohibition on 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) will not adversely impact any small entity that is not 
circumventing the mesh size regulations by using a larger codend. No 
additional gear is needed to comply with this restriction.

Minimizing Significant Impacts

    Alternatives considered and rejected for these four species were 
detailed in the IRFA. A review of the impacts of the final 
specifications, including alternatives to the final specifications, 
indicates that the impacts associated with the selected measures for 
Atlantic mackerel, Illex, and butterfish will not create significant 
economic impacts on small entities. As for Loligo, of the 443 vessels 
that reported landing Loligo in 1997, 121 vessels would be expected to 
experience a reduction in total gross revenues (all species combined) 
between 5 and 10 percent as a result of the 18 percent reduction in the 
Loligo quota in 2000. This represents 27.3 percent of the vessels that 
landed Loligo in 1997. The remaining vessels (322, or 72.7 percent) are 
expected to experience a reduction in total gross revenues (all species 
combined) of less than 5 percent as a result of the 18 percent 
reduction in the Loligo quota in 2000.
    While all other considered alternatives for Atlantic mackerel would 
result in similar impacts on small entities, two of the three 
alternatives were found inconsistent with the FMP. The third 
alternative eliminated joint venture processing (JVP). NMFS believes 
JVP is necessary at this time to provide another opportunity for U.S. 
vessels to participate in joint venture fisheries. The selected Loligo 
alternative represented the alternative most consistent with the stated 
objectives of applicable statutes and the FMP. The rejected alternative 
resulted in 161 of 443 vessels being impacted (compared to 121 of 443 
under the adopted alternative). Specifying the Loligo 2000 ABC at the 
1999 ABC level of 21,000 mt was not analyzed by the Council because it 
would conflict with the requirements of the Magnuson-Stevens Act to end 
overfishing and rebuild the resource. The selected Illex alterative 
represented the alternative most consistent with the stated objectives 
of applicable statutes and the FMP. Alternatives considered and 
rejected for butterfish would have been detrimental to the stock and 
were not consistent with the FMP. The selected alternative was 
consistent with stated objectives of the applicable statutes and the 
FMP.
    The final rule minimizes the economic impact on small entities by 
establishing a mechanism (the trimester quota system) of spreading the 
total quota throughout the year. The effect of this is to enable 
fishermen to fish for Loligo on a more consistent basis and to ensure 
that there is some quota available for harvest during the winter period 
when prices are higher. It also minimizes impacts on small entities by 
not establishing more restrictive quotas that were considered.
    A copy of the IRFA can be obtained from the NMFS Northeast Regional 
Office (see ADDRESSES).
    The Assistant Administrator for Fisheries, NOAA (AA), finds that it 
would be contrary to the public interest to delay for 30 days the 
effectiveness of the quotas, Sec. 648.21(e) (distribution of the Loligo 
quota among three periods and the overage deduction provision), and 
Sec. 648.22 (fishery closures), because the quota for Period I will 
most likely

[[Page 16345]]

be reached shortly, and a delay in the effectiveness of these 
regulations will prevent NMFS from closing the Loligo fishery for 
Period I in a timely manner. If the Period I fishery is not closed in a 
timely manner and the quota is exceeded, NMFS will be required to 
deduct the Period I quota overage from the quota allocated to Period 
III. However, Period III occurs at a time of year when fishermen 
receive higher prices for Loligo. As a result, the inability to 
restrict Loligo landings to the quota for Period I would cause fewer 
higher priced fish to be available for harvest in Period III, thereby 
reducing fishermen's profits. For these reasons, the AA finds good 
cause under 5 U.S.C. sec. 553(d)(3) not to delay for 30 days the 
effectiveness of the quotas and Secs. 648.21(e) and 648.22.

List of Subjects 50 in CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: March 22, 2000.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 648 is 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 for Periods I and II will be applied to Period III after November 
15 of the same year and any overages of commercial quota for Periods I 
and II will be subtracted from Period III after November 15 of the same 
year.

    3. In Sec. 648.22, paragraph (a) is revised to read as follows:


Sec. 648.22  Closure of the fishery.

    (a) General. NMFS 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, 
NMFS shall close the mackerel fishery in the EEZ, and the incidental 
catches specified for mackerel in paragraph (c) of this section will be 
prohibited. NMFS 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 closure of the directed 
fishery shall be in effect for the remainder of the fishing period with 
incidental catches allowed as specified in paragraph (c) of this 
section. NMFS 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 mesh construction, mesh configuration 
or other means 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 aftermost portion of the net, provided the 
liner extends no more than 10 meshes forward of the aftermost 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. 00-7514 Filed 3-22-00; 4:48 pm]
BILLING CODE 3510-22-P