[Federal Register Volume 67, Number 129 (Friday, July 5, 2002)]
[Proposed Rules]
[Pages 44792-44794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16813]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 020620152-2152-01; I.D. 061102A]
RIN 0648-AQ11


Fisheries of the Northeastern United States; Atlantic Mackerel, 
Squid, and Butterfish Fisheries; Control Date for Atlantic Mackerel

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

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Atmospheric Administration (NOAA), Commerce.

ACTION: Advance notice of proposed rulemaking; notice of control date 
for the purposes of controlling entry in the Atlantic mackerel fishery.

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SUMMARY: NMFS announces that it is considering, and is seeking public 
comment on, proposed rulemaking to control future access to the 
Atlantic mackerel (Scomber scombrus) resource if a management regime is 
developed and implemented under the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) that limits the 
number of participants in the fishery. This announcement is intended, 
in part, to promote awareness of potential eligibility criteria for 
future access so as to discourage speculative entry into the fishery 
while the Mid-Atlantic Fishery Management Council (Council) and NMFS 
consider whether and how access to the Atlantic mackerel fishery should 
be controlled. The date of publication of this notification, July 5, 
2002, shall be known as the ``control date'' and may be used for 
establishing eligibility criteria for determining levels of future 
access to the Atlantic mackerel fishery subject to Federal authority.

DATES: Written comments must be received on or before 5 p.m., local 
time, August 5, 2002.

ADDRESSES: Written comments should be directed to Daniel T. Furlong, 
Executive Director, Mid-Atlantic Fishery Management Council, 300 South 
New Street, Dover, DE 19904-6790. Mark the outside of the envelope, 
``Comments on Atlantic Mackerel Control Date.'' Comments also may be 
sent via facsimile (fax) to (302) 674-5399. Comments will not be 
accepted if submitted via e-mail or Internet.

FOR FURTHER INFORMATION CONTACT: Paul H. Jones, Fishery Policy Analyst, 
978-281-9273, fax 978-281-9135, e-mail [email protected].

SUPPLEMENTARY INFORMATION: Atlantic mackerel (Scomber scombrus) is a 
migratory species that supports important recreational and commercial 
fisheries along the Atlantic coast of the United States and Canada. The 
most recent stock assessment (SAW 30, 2000) concluded that the stock 
biomass is at high levels and is under exploited. The Council developed 
the Fishery Management Plan for Atlantic Mackerel, Squid, and 
Butterfish (FMP) to provide for the development of the U.S. Atlantic 
mackerel, squid, and butterfish (MSB) fisheries. An initial notice 
establishing a control date of August 13, 1992 (1992 control date), was 
issued for the MSB fisheries (57 FR 36384, August 13, 1992), which 
stated that as of that date no vessel would be guaranteed entry into a 
limited access fishery, if the Council chose to implement one. This 
1992 control date was rescinded for Atlantic mackerel on September 27, 
1994 (59 FR 49235), because the Council and NMFS believed that 
information regarding biomass levels, fishing levels, fishing effort, 
and catch indicated that the Atlantic mackerel fishery would not 
require limited-entry management in the foreseeable future. Removal of 
the 1992 control date also removed a disincentive to accessing this 
underutilized resource for vessel owners who were facing severe 
restrictions in other Northeast fisheries.
    In Amendment 5 to the FMP, the Council included a provision that 
would require the Secretary of Commerce to publish a control date for 
the Atlantic mackerel fishery when commercial landings reached 50 
percent of allowable biological catch. NMFS did not include this 
provision in the proposed rule because, as explained in the preamble to 
that rule (60 FR 65618, December 20, 1995), it was not considered a 
management measure to be implemented by regulation. Rather, it was 
viewed as a statement of Council intent. NMFS further noted that the 
Council could recommend the publication of a control date when it 
deemed the action necessary. At its May 1997 meeting, the Council 
requested that NMFS issue an advance notice of proposed rulemaking 
reestablishing a control date for Atlantic mackerel. The Council 
intended the control date to discourage new vessels from entering the 
fishery speculatively while the Council considered implementing a 
management program for this fishery that would control the rate on 
capitalization in the fishery. Amendment 5 to the FMP estimated that 
the hold capacity for vessels issued MSB permits approached 50,000 mt 
if each vessel made just one trip at full capacity. The Council members 
noted that this capacity, combined with reports that a large factory 
trawler might enter the fishery, raised concerns because the estimate 
of long-term potential yield for the fishery was 150,000 mt. Further, 
both NMFS and the Council had indicated that first preference for entry 
into this fishery should be afforded to Northeast region vessels as an 
alternative to traditional fisheries that have been severely 
overfished. For these reasons, the Council voted to request publication 
of a second control date for Atlantic mackerel.
    A second control date of September 12, 1997 (62 FR 48047)(1997 
control date), was established to discourage speculative entry into the 
Atlantic mackerel fishery while potential management regimes to control 
access into the fishery were discussed and possibly developed by the 
Council. The Council intended to consider a controlled access plan in 
an amendment to the FMP, however, subsequent amendments focused on 
other issues, including the need to address the requirements of the 
1996 Sustainable Fisheries Act.
    The Council recently adopted a recommendation for an increase in 
the 2003 Domestic Annual Processing (DAP) specification for Atlantic 
mackerel to 150,000 mt. This three fold increase in the DAP 
specification compared with specifications in previous years was based 
on testimony from members of the harvesting and processing sectors of 
the Atlantic mackerel industry who indicated that there is significant 
interest in expansion of domestic shore-side processing for Atlantic 
mackerel in 2003. While the proposed increase in DAP for 2003 is 
consistent with the FMP and current stock condition, the Council is 
concerned about rapid expansion of harvest capacity in the fishery and 
possible overcapitalization. In addition, the Council is concerned that 
nearly five years have passed since the 1997 control date was 
published. The Council requested at its April 2002 meeting that a new 
control date for the Atlantic mackerel fisher y be published.
    Publication of this July 5, 2002, control date is intended to 
discourage speculative entry into the Atlantic mackerel fishery while 
potential management regimes to control access into the fishery are 
discussed and possibly developed by the Council. Establishment of a new 
control date will help to distinguish established participants from 
speculative entrants to the fishery. Although participants are notified 
that entering the fishery after this new control date will not assure 
them of future access to the Atlantic mackerel resource on the grounds 
of previous participation, additional and/or other qualifying criteria 
also may be applied. The Council may choose different and variably 
weighted methods to qualify fishermen, based on the type and length of 
participation in the fishery or on the quantity of landings. This 
notice establishes July 5, 2002, for potential use in determining 
historical or traditional participation in the Atlantic mackerel 
fishery. This action does not commit the Council to develop any 
particular management regime or to

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use any specific criteria for determining entry to the fishery. The 
Council may choose a different control date, or may choose a management 
program that does not make use of such a date. The Council may choose 
also to take no further action to control entry or access to the 
fishery. Any action by the Council will be taken pursuant to the 
requirements for FMP development established under the Magnuson-Stevens 
Act.
    This notification also gives the public notice that interested 
participants should locate and preserve records that substantiate and 
verify their participation in the Atlantic mackerel fishery in Federal 
waters.

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

    Dated: June 28, 2002.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 02-16813 Filed 7-3-02; 8:45 am]
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