[Federal Register Volume 66, Number 205 (Tuesday, October 23, 2001)]
[Proposed Rules]
[Pages 53575-53579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26688]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 600 and 648

[Docket No. 011005244-1244-01; I.D. No. 092401D]
RIN 0648-AP08


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Foreign Fishing and Fisheries of the Northeastern United 
States; Atlantic Mackerel, Squid, and Butterfish Fisheries; 2002 
Specifications and Foreign Fishing Restrictions

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

ACTION: Proposed Rule, 2002 initial specifications; request for 
comments.

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SUMMARY: NMFS announces initial specifications for the 2002 fishing 
year for Atlantic mackerel, squid, and butterfish (MSB). Regulations 
governing these fisheries require NMFS to publish specifications for 
the upcoming fishing year and to provide an opportunity for public 
comment. The intent of this action is to fulfill this requirement and 
to promote the development and conservation of the MSB resources. This 
action also proposes an inseason adjustment procedure for the 2002 
mackerel joint venture processing (JVP) annual specifications. Finally, 
NMFS proposes to revise the regulations to add a provision that 
specifies a method for carrying over Loligo squid Quarter I underages 
into Quarter III.

DATES: Public comments must be received no later than 5 p.m., eastern 
standard time, on November 23, 2001.

ADDRESSES: Copies of supporting documents used by the Mid-Atlantic 
Fishery Management Council, including the Environmental Assessment (EA) 
and Regulatory Impact Review (RIR)/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. The EA/RIR/IRFA 
is accessible via the Internet at http:/www.nero.gov/ro/doc/nr.htm. -
    Comments on the proposed specifications should be sent to: Patricia 
A. Kurkul, Regional Administrator, Northeast Regional Office, NMFS, One 
Blackburn Drive, Gloucester, MA 01930-2298. Please mark the envelope, 
``Comments-2002 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.

FOR FURTHER INFORMATION CONTACT: Jennifer L. Anderson, Fishery 
Management Specialist 978-281-9226, fax 978-281-9135, e-mail 
[email protected].

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, subpart B. Regulations 
governing foreign fishing appear at 50 CFR part 600, subpart F. These 
regulations, at Secs.  600.516(c) and 648.21, require that NMFS, based 
on the maximum optimum yield (Max OY) of each fishery as established by 
the regulations, annually publish a proposed rule specifying the 
initial 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), total allowable level of 
foreign fishing (TALFF), and JVP for the affected species managed under 
the FMP. The regulations also specify that there will be no JVP or 
TALFF specified for Loligo squid, Illex squid, 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. -
    On August 10, 2001, regulations were implemented under Framework 
Adjustment 1 to the FMP to allow the specification of quota set-asides 
to be used for research purposes. For each of the four species managed 
under the FMP, the Council recommended that up to 2 percent of the 2002 
IOY be set aside for scientific research purposes. A Request for 
Proposals has been published to solicit proposals for 2002 based on 
research priorities identified by the Council (66 FR 38636, July 25, 
2001, and 66 FR 45668, August 29, 2001). The deadline for submission 
was September 14, 2001, and proposals are currently under review. The 
quota set-asides will be adjusted in the final rule establishing the 
annual specifications for the MSB fisheries, consistent with projects 
forwarded to the NOAA Grants Office for award. If the awards are not 
made for any reason, NMFS will publish an additional rule to restore 
the unused set-aside amount to the annual quota. -

[[Page 53576]]

    Table 1 contains the proposed initial specifications for the 2002 
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, 2002
----------------------------------------------------------------------------------------------------------------
                                                                        Squid
                       Specifications                        --------------------------   Atlantic    Butterfish
                                                                 Loligo       Illex       Mackerel
----------------------------------------------------------------------------------------------------------------
Max OY                                                             26,000       24,000       N/A\1\       16,000
ABC                                                                17,000       24,000      347,000        7,200
IOY                                                             17,000\5\    24,000\5\  85,000\2\,\     5,900\5\
                                                                                                 5\
DAH                                                                17,000       24,000    85,000\3\        5,897
DAP                                                                17,000       24,000       50,000        5,897
JVP                                                                     0            0    20,000\4\            0
TALFF                                                                   0            0            0            0
----------------------------------------------------------------------------------------------------------------
\1\ Not applicable.
\2\ IOY 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 30,000 mt at discretion of Regional Administrator.
\5\ If a 2-percent research set-aside is deducted, the total IOY would be as follows: Atlantic mackerel - 83,300
  mt, Loligo - 16,660 mt, Illex - 23,520 mt, and butterfish - 5,782 mt.

    Table 2 contains the proposed research set-asides for the 2002 
Atlantic mackerel, Loligo and Illex squids, and butterfish fisheries.

Table 2. Proposed Research Quota Set-asides, in mt, for Atlantic Mackerel, Squid, and Butterfish for the Fishing
                                    Year January 1 through December 31, 2002
----------------------------------------------------------------------------------------------------------------
                                                                        Squid
                       Specifications                        --------------------------   Atlantic    Butterfish
                                                                 Loligo       Illex       Mackerel
----------------------------------------------------------------------------------------------------------------
Research Set-aside                                                    340          480        1,700          118
Remaining Quota                                                    16,660       23,520       83,300        5,782
TAL                                                                17,000       24,000       85,000        5,900
----------------------------------------------------------------------------------------------------------------

2002 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 (the F that produces MSY (maximum sustainable 
yield)) is exceeded. When spawning stock biomass (SSB) is greater than 
890,000 mt, the maximum F threshold is FMSY (0.45), and the 
target F is 0.25. To avoid low levels of recruitment, the FMP contains 
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 of the biomass level that 
would produce MSY on a continuing basis (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 the target F resulting from this control rule. -
    Since SSB is currently above 890,000 mt, the target F for 2002 is 
0.25. The yield associated with that target F at the estimated stock 
size is 369,000 mt. The ABC recommendation of 347,000 mt represents an 
adjustment to the yield estimate of 369,000 mt, minus the estimated 
Canadian catch of 22,000 mt. The proposed IOY for the 2002 Atlantic 
mackerel fishery is 85,000 mt, which is equal to the proposed DAH. The 
specification for DAH is computed by calculating the estimated 
recreational catch, the proposed DAP and JVP. The recreational catch 
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, which is intended to obtain estimates of processing 
capacity in the domestic and joint venture (JV) fisheries. However, for 
the years 1994 through 2002, response to this voluntary survey was low 
and did not contain projections from some large processors. The Council 
believes, based on the best data available, that the capacity of the 
domestic fleet to harvest mackerel greatly exceeds the domestic 
processors' capacity to process mackerel. -
    Therefore, the Council has recommended, and NMFS proposes, a 
specification of 20,000 mt of JVP for the 2002 fishery, with a possible 
increase to 30,000 mt later in the year. If additional applications for 
JVP are received, the Council could authorize NMFS to increase this 
allocation to 30,000 mt by publishing notification in the Federal 
Register. The Council also recommended, and NMFS proposes, a TALFF of 
zero and a DAP of 50,000 mt, yielding a DAH of 85,000 mt, which 
includes the 15,000-mt recreational catch estimate. The Council chose 
to specify TALFF at zero despite the minimal loss to the Nation that 
may result from the loss of poundage fees collected from foreign 
vessels. The Council was concerned that the perceived competition TALFF 
represents to U.S. processors could impede the future expansion of 
mackerel processing facilities. -
    As authorized by Secs.  600.501 and 600.520(b)(2)(ii), the Council 
recommended, and NMFS proposes, that several special conditions be 
imposed on the 2002 Atlantic mackerel fishery, as follows: (1) JVs 
would be 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 Administrator should ensure that impacts on 
marine mammals are reduced in the prosecution of the Atlantic mackerel 
fishery; (3) the mackerel optimum yield (OY) may be increased during 
the year, but the total should not exceed 347,000 mt; and (4)

[[Page 53577]]

applications from a particular nation for an Atlantic mackerel JV 
allocation for 2002 may be based on an evaluation by the Regional 
Administrator of that nation's performances relative to purchase 
obligations for previous years. -

Atlantic Squids

Loligo

    The FMP defines overfishing for Loligo squid as occurring when the 
catch associated with a threshold of the fishing mortality that 
produces the maximum sustainable level of yield per recruit 
(FMAX) is exceeded (FMAX is a proxy for 
FMSY). When an estimate of FMSY becomes 
available, it will replace the current overfishing proxy 
FMSY. Max OY is specified as the catch associated with 
FMAX. In addition, the biomass target is specified as 
BMSY. -
    The most recent stock assessment for Loligo squid (the 29th 
Northeast Regional Stock Assessment Workshop, August 1999 (SAW-29)) 
concluded that the stock was approaching an overfished condition and 
that overfishing was occurring. However, recent survey data for Loligo 
squid indicate that abundance of this species has increased 
significantly since SAW 29 was conducted. Estimates of biomass based on 
NMFS' Northeast Fisheries Science Center (NEFSC) fall 1999, spring 
2000, and fall 2000 survey indices for Loligo squid indicate that the 
stock is currently at or near Bmsy. The stock is also no 
longer listed as overfished in NMFS' Report to Congress: Status of the 
Fisheries of the United States (January 2001). -
    Based on the assumption that the stock will be at or near 
Bmsy in 2002, the Council recommended no changes from the 
2001 quota level. The 2002 quota is specified as the yield associated 
with 75 percent of Fmsy at Bmsy, or 17,000 mt, 
based on projections from SAW-29. The regulations continue to specify 
Max OY as the yield associated with Fmax, or 26,000 mt. 
Thus, the 2002 proposed Max OY for Loligo squid is 26,000 mt and the 
recommended ABC for the 2002 fishery is 17,000 mt. -
    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 
that 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 that DAP 
equals DAH, and JVP is zero. Since U.S. fishing vessels have the 
capacity to harvest, and are expected to attempt to harvest, the entire 
OY, there is no portion of the OY that can be made available for 
foreign fishing, making TALFF zero. -

Distribution of the Annual Loligo Squid Quota

    The Loligo squid 2000 annual quota was allocated among three 4-
month trimesters. Due to the premature closures and overages that 
occurred during the 2000 fishing year, the 2001 annual DAH for Loligo 
squid was allocated into quarterly periods. The Council has proposed, 
and NMFS recommends, no change from the 2001 quarterly distribution 
system. The 2002 quarterly allocations would be as follows:

               Table 3. Loligo Squid Quarterly Allocations
------------------------------------------------------------------------
                                                               Research
             Quarter                  Percent   Metric Tons   Set-aside
------------------------------------------------------------------------
I (Jan-Mar)                              33.23        5,649          N/A
II (Apr-Jun)                             17.61        2,994          N/A
III (Jul--Sep)                            17.3        2,941          N/A
IV (Oct-Dec)                             31.86        5,416          N/A
Total                                      100       17,000          340
------------------------------------------------------------------------

    Also unchanged from 2001, NMFS proposes that the 2002 directed 
fishery be closed in Quarters I-III when 80 percent of the period 
allocation is harvested, with vessels restricted to a 2,500-lb (1,134-
kg) Loligo squid trip limit per single calender day until the end of 
the respective quarter. The directed fishery would close when 95 
percent of the total annual DAH has been harvested, with vessels 
restricted to a 2,500-lb (1,134-kg) Loligo squid trip limit per single 
calender day for the remainder of the year. Quota overages from Quarter 
I would be deducted from the allocation in Quarter III, and any 
overages from Quarter II would be deducted from Quarter IV. -

Carry-over of Quarterly Quota Underages

    The Council has also recommended, and NMFS proposes, to modify the 
method for carrying over Loligo squid quarterly underages for 2002 and 
subsequent fishing years. For the 2001 fishing year, by default, 
quarterly underages carried over into Quarter IV because the fourth 
quarter does not close until 95 percent of the total annual quota has 
been harvested. However, beginning with the 2002 fishing year, NMFS 
proposes to add a provision under 50 CFR part 648.21 stating that, in 
the event that the first quarter landings for Loligo squid are less 
than 70 percent of the first quarter allocation, the underage below 70 
percent would be applied to Quarter III. Underages from quarters II and 
III would continue to be added to Quarter IV by default, based on the 
95-percent closure rule mentioned above.

Illex

    The approved overfishing definition for Illex squid states that 
overfishing for Illex squid occurs when the catch associated with a 
threshold fishing mortality rate of FMSY is exceeded. 
Maximum OY is to be specified as the catch associated with a fishing 
mortality rate of FMSY. In addition, the biomass target is 
specified as BMSY. The minimum biomass threshold is 
specified as 1/2 BMSY. -
    The most recent assessment of the Illex squid stock (SAW-29) 
concluded that the stock is not overfished and that overfishing is not 
occurring. The previous assessment, the 21st Northeast Regional Stock 
Assessment (1996), had concluded that the U.S. Illex squid 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 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

[[Page 53578]]

proposes, that the specification of Max OY and ABC remain unchanged 
from 2001 at 24,000 mt (the yield associated with FMSY). 
Under this option, the directed fishery for Illex squid would remain 
open until 95 percent of the ABC is taken (22,800 mt). Once 95 percent 
of the ABC is estimated to have been taken, the directed fishery would 
be closed and a 5,000-lb (2,268-kg) trip limit would take effect for 
the remainder of the fishing year. Similar to Loligo squid, when a trip 
limit is in effect, vessels are prohibited from possessing or landing 
more than 5,000 lb (2,268 kg) in a single calendar day. Amendment 5 to 
the FMP eliminated the possibility of JVP and TALFF for the Illex squid 
fishery because of the domestic fishing industry's ability to harvest 
and to process the OY from this fishery. -

Butterfish

    The FMP set 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 2002 fishery. This represents no change in the 
specifications since 1996. Commercial landings of butterfish have been 
low at 2,798 mt, 1,964 mt, and 2,116 mt for the 1997 through 1999 
fisheries, respectively. Lack of market demand and the difficulty in 
locating schools of market-sized fish have impacted this fishery. -
    For the 2002 fishing year, the Council recommended, and NMFS 
proposes, an IOY for butterfish of 5,900 mt. The IOY is composed of a 
DAH of 5,900 mt and a bycatch TALFF that is equal to zero. 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. Because the Council did not recommend 
TALFF for Atlantic mackerel, TALFF for butterfish is set at zero. -

Classification

    This action is authorized by 50 CFR part 648 and has been 
determined to be not significant for purposes of Executive Order 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 the SUPPLEMENTARY INFORMATION section. A summary of the 
IRFA follows: -
    The numbers of potential fishing vessels in the 2002 fisheries are 
395 for Loligo squid/butterfish, 77 for Illex squid, and 2,098 for 
Atlantic mackerel. All of the vessels are considered small entities. 
Many vessels participate in more than one of these fisheries; 
therefore, the numbers are not additive. The proposed ABC 
specifications of 347,000 mt and DAH of 85,000 mt for Atlantic 
mackerel, the DAH specifications of 24,000 mt for Illex squid, and the 
DAH specifications of 5,900 mt for butterfish represent no constraint 
on vessels in these fisheries. The level of landings in the proposed 
specifications for 2002 have not been achieved by vessels in these 
fisheries in recent years. Absent such a constraint, no impacts on 
revenues are expected as a result of the proposed action. -
    From 1996-2000, Loligo squid landings averaged 16,548 mt. If the 
2002 proposed DAH specification of 17,000 mt for Loligo squid is 
achieved, there would be an increase in catch and revenue in the Loligo 
squid fishery relative to the average landings from 1996-2000. NMFS 
also proposes to modify the provision for carrying over Quarter I 
Loligo squid underages. Under the new measure, Loligo squid Quarter I 
underages less than 70 percent of the first quarter allocation would be 
applied to Quarter III. Currently, all underages from Quarter I are 
applied to Quarter IV because Quarter IV does not close until 95 
percent of the total annual quota is harvested. However, by making the 
underage available during Quarter III, Loligo squid permit holders 
could continue to fish during a time when the quarter may have 
otherwise been closed. This could provide an added economic benefit to 
fishers during Quarter III. However, because this provision would only 
shift a limited amount of quota from one period to another, and does 
not modify the Loligo squid annual quota, no overall change in revenue 
is expected. -
    One alternative considered for the Atlantic mackerel fishery was to 
set the 2002 specifications at the same level as 2001. The 
specifications under this alternative were similar to the preferred 
alternative, with the exception of IOY and TALFF. Under this 
alternative, the IOY specification would be slightly higher (88,000 mt) 
because TALFF would be specified at 3,000 mt. The specification of 
TALFF above zero was rejected by the Council as inconsistent with the 
FMP because it would not meet the policy objectives of the Council 
relative to further development of the U.S. domestic harvest for 
Atlantic mackerel. NMFS accepted the Council recommendation regarding 
IOY as accomplishing this objective. However, this alternative would 
place no constraints, and consequently no revenue impacts on the 
fishery because the proposed levels of harvest for Atlantic mackerel 
under this alternative have not been harvested in recent years. A 
second alternative for Atlantic mackerel was to set ABC at the long-
term potential catch (LTPC), or 134,000 mt. This alternative was found 
inconsistent with the FMP because it would not allow for variations and 
contingencies in the status of the stock. For example, the current 
adult stock was recently estimated to exceed 2.1 million mt. The 
specification of ABC at LTPC would effectively result in an 
exploitation rate of only about 6 percent, well below the optimal level 
of exploitation. The level of foregone yield under this alternative was 
considered unacceptable, but would not impact the IOY specifications. A 
third alternative considered for mackerel included the elimination of 
JVP for 2002, which would lower the specification of IOY to 68,000 mt, 
also far in excess of recent landings. This alternative was rejected 
due to the need for JVP's, which allow U.S. harvesters to take Atlantic 
mackerel at levels in excess of current U.S. processing capacity. 
However, these alternatives would not constrain the mackerel fishery 
and were determined to have no impact on the revenues of participants 
in this fishery. -
    For Loligo squid, one alternative that was considered was to set 
the ABC, DAH, DAP, and IOY at 13,000 mt, or a 23.3-percent reduction 
from the 2001 level. This was the same level as the 2000 fishing year 
until an inseason adjustment increased the ABC, DAH, DAP, and IOY to 
15,000 mt (65 FR 60118, October 10, 2000). If the 13,000-mt alternative 
was adopted for the 2002 fishing year, 132 of the 497 impacted vessels 
would experience a total gross revenue reduction (all species combined) 
of greater than 5 percent. The remaining 365 vessels would experience a 
less than 5-percent reduction in revenue or an increase in revenue. A 
second alternative would set ABC, DAH, DAP, and IOY at 11,700 mt. This 
would represent a 31-percent reduction in landings relative to 2000. 
Under this scenario, 170 of the 497 impacted vessels would experience 
gross revenue reductions (all species combined) of greater than 5 
percent. The remaining 327 vessels would experience a less than 5-
percent reduction in revenue, or an increase in revenue. -
    For Illex squid, one alternative considered would set Max OY, ABC, 
IOY, DAH, and DAP at 30,000 mt and a second alternative would set Max 
OY at 24,000 mt and ABC, IOY, DAH, and DAP at 19,000 mt. These 
specifications would be far in excess of recent

[[Page 53579]]

landings in this fishery. Therefore, there would be no constraints, 
and, thus, no revenue reductions, associated with these specifications. 
However, the first alternative was considered unacceptable because an 
ABC specification of 30,000 mt may not prevent overfishing in years of 
moderate to low abundance of Illex squid. Conversely, under the second 
alternative an ABC of 19,000 mt would not allow the fishery to perform 
at its optimal exploitation level during a year of relatively high 
abundance, and was therefore rejected. -
    For butterfish, the Council considered two alternatives; the first 
alternative set a Max OY of 16,000 mt and an ABC, IOY, DAH, and DAP of 
7,200 mt, and the second alternative set a Max OY of 16,000 mt and a 
ABC, IOY, DAH, and DAP at 10,000 mt. These specifications far exceed 
recent harvests in the butterfish fishery and would not constrain or 
impact the industry; however, they could lead to overfishing of the 
stock, and, thus, were rejected by the Council. -
    It has been determined that this rule does not contain policies 
with Federalism implications as that term is defined in Executive Order 
13132. -
    This proposed rule does not contain or involve any information 
collection requirements that require the approval of the Office of 
Management and Budget pursuant to the Paperwork Reduction Act, 44 
U.S.C. chapter 35. -
    A copy of the IRFA is available from the Council (see ADDRESSES).

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: October 17, 2001.
Rebecca Lent,
Deputy Assistant Administrator for Fisheries, NOAA, 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 (f)(3) is added to read as follows:


Sec.  648.21  Procedures for determining initial annual amounts.

* * * * *
    (f) * * *
    (3) Beginning January 1, 2002, if commercial landings in Quarter I 
are determined to be less than 70 percent of the Quarter I quota 
allocation, any remaining Quarter I quota that is less than 70 percent 
will be reallocated to Quarter III (e.g., if the Quarter I quota was 
100,000 lb (220,462 kg) and 50,000 lb (110,231 kg) was landed, then the 
remaining Quarter I quota, up to 70 percent, or 20,000 lb (44,092 kg), 
would be reallocated to Quarter III. A balance of 30 percent, or 30,000 
lb (66,139 kg), would remain in Quarter I).
* * * * *
[FR Doc. 01-26688 Filed 10-22-01; 8:45 am]
BILLING CODE 3510-22-S