[Federal Register Volume 67, Number 209 (Tuesday, October 29, 2002)]
[Proposed Rules]
[Pages 65934-65938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27506]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 600 and 648

[Docket No. 021017239-2239-01; I.D. 091902F]
RIN 0648-AQ15


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Foreign Fishing and Fisheries of the Northeastern United 
States; Atlantic Mackerel, Squid, and Butterfish Fisheries; 2003 
Specifications and Foreign Fishing Restrictions

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

ACTION: Proposed rule, 2003 initial specifications; request for 
comments.

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SUMMARY: NMFS proposes initial specifications for the 2003 fishing year 
for Atlantic mackerel, squid, and butterfish (MSB). Regulations 
governing these fisheries require NMFS to publish proposed 
specifications for the upcoming fishing year and to provide an 
opportunity for public comment. This action also proposes an inseason 
adjustment procedure for the 2003 mackerel joint venture processing 
(JVP) annual specifications. Finally, NMFS proposes a revision to the 
method for carrying over Loligo squid Quarter I underages into Quarter 
III. The intent of this action is to promote the development and 
conservation of the MSB resources.

DATES: Public comments must be received no later than 5 p.m., Eastern 
Standard Time, on November 27, 2002.

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-2003 MSB Specifications.'' Comments also may be sent via

[[Page 65935]]

facsimile (fax) to 978-281-9135. 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: 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 Sec. Sec.  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. Because the regulations found in Sec.  648.20 
also specify that IOY for squid is equal to the combination of RQ and 
DAH, there will be no TALFF specified for squid. For butterfish, the 
regulations specify 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.
    In addition, the regulations at Sec.  648.21(g) allow the 
specification of quota set-asides to be used for research purposes. For 
2003, the Council recommended quota set-asides of up to 2 percent of 
IOY for Atlantic mackerel and butterfish; and of up to 3 percent of IOY 
for squids. The set-asides would fund research and data collection for 
those species. A Request for Research Proposals was published to 
solicit proposals for 2003 based on research priorities previously 
identified by the Council (67 FR 13602, March 25, 2002). The deadline 
for submission was May 13, 2002. On July 10, 2002, NMFS convened a 
Review Panel to review the comments submitted by technical reviewers. 
Based on discussions between NMFS staff, technical review comments, and 
Review Panelist comments, two Loligo squid project proposals were 
recommended for approval and forwarded to the NOAA Grants Office for 
award. Consistent with the recommendations, the quotas in this proposed 
rule have been adjusted to reflect the projects recommended for 
approval. If the awards are not made by the NOAA Grants Office for any 
reason, NMFS will publish an action in the Federal Register restoring 
the unused set-aside amount to the annual quota.
    Table 1 contains the proposed initial specifications for the 2003 
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, 2003
----------------------------------------------------------------------------------------------------------------
                                                                       Squid
                       Specifications                       ---------------------------   Atlantic    Butterfish
                                                                Loligo        Illex       mackerel
----------------------------------------------------------------------------------------------------------------
Max OY.....................................................      26,000         24,000      \1\ N\A       16,000
ABC........................................................      17,000         24,000      347,000        7,200
IOY........................................................  \5\ 16,872.5       24,000  \2\ 175,000        5,900
DAH........................................................      16,872.5       24,000  \3\ 175,000        5,900
DAP........................................................      16,872.5       24,000      150,000        5,900
JVP........................................................           0              0   \4\ 10,000            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 20,000 mt at discretion of Regional Administrator.
\5\ Excludes 127.5 mt for Research Set-Aside (RSA).

2003 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 2003 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 2003 Atlantic 
mackerel fishery is 175,000 mt, which is equal to the proposed DAH. The 
specification for DAH is computed by totaling the estimated 
recreational catch, the proposed DAP, and the proposed JVP. The 175,000 
mt proposed DAH is comprised of 15,000 mt recreational; 150,000 mt DAP; 
and 10,000 JVP.
    The Council recommends, and NMFS proposes, to reduce JVP by 10,000 
mt and increase DAP for the Atlantic mackerel fishery by 100,000 mt. 
The 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, from 1994 through 2002, response to 
this voluntary survey was incomplete and did not contain projections 
from some large processors. This year, in place of the survey, the 
Council relied on testimony presented by domestic processors during its 
May 2, 2002, meeting concerning their current and projected shoreside 
processing capacity for Atlantic mackerel in 2003. While domestic 
processing capacity is increasing, the Council believes, based on the 
best data available, that the capacity of the domestic fleet to harvest 
mackerel still exceeds the domestic

[[Page 65936]]

processors' capacity to process mackerel. Therefore, the Council has 
recommended, and NMFS proposes, a specification of 10,000 mt of JVP for 
the 2003 fishery, with a possible increase to 20,000 mt later in 2003. 
If additional applications for JVP are received, the Council could 
authorize NMFS to increase this allocation to 20,000 mt by publishing a 
notice in the Federal Register and providing a 30-day comment period.
    The Council also recommended, and NMFS proposes, a TALFF of zero. 
The Council chose to specify an IOY that results in a TALFF of zero 
despite the minimal loss to the Nation that may result from the loss of 
poundage fees collected from foreign vessels. The Council believes that 
the development of the domestic mackerel fishery results in the 
greatest resource benefits to the nation. With the 100,000 mt increase 
in DAP, the Council was concerned that the perceived competition TALFF 
represents to U.S. processors could impede the future expansion of 
domestic mackerel processing facilities.
    As authorized by Sec. Sec.  600.501 and 600.520(b)(2)(ii), the 
Council recommended, and NMFS proposes, that several special conditions 
be imposed on the 2003 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 Administrator, Northeast Region, NMFS (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) applications from a particular 
nation for an Atlantic mackerel JV allocation for 2003 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, 
FMAX. Max OY is specified as the catch associated with 
FMAX. The biomass target is specified as BMSY.
    NMFS' Northeast Fisheries Science Center (NEFSC) fall 2000 and 
spring 2001 survey data, length based virtual population analyses 
results, scale survey biomass estimates, and production modeling 
estimates all indicate that Loligo squid biomass was high in 2002 and 
2001. The most recent stock assessment for Loligo squid (the 34th 
Northeast Regional Stock Assessment Workshop, 2002 (SAW-34)) concluded 
overfishing is not occurring and recommended that the Council maintain 
the catch of 20,000 mt (to include both landings and discards).
    Based on the assumption that the stock will be at or near 
Bmsy in 2003, the Council recommended no changes from the 
2002 quota level. The 2003 quota is specified as the yield associated 
with 75 percent of Fmsy at Bmsy, or 17,000 mt, 
based on projections from SAW-34. The regulations continue to specify 
Max OY as the yield associated with Fmax, or 26,000 mt. 
Thus, the 2003 proposed Max OY for Loligo squid is 26,000 mt and the 
recommended ABC for the 2003 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. The regulations found in Sec.  648.20 do not authorize the 
specification of JVP and TALFF for the Loligo squid fishery, therefore, 
JVP and TALFF are zero.
Distribution of the Annual Loligo Squid Quota
    Since 2001, the annual DAH for Loligo squid has been allocated into 
quarterly periods. The Council and NMFS recommended no change from the 
2002 quarterly distribution system. Due to the recommendation of two 
research projects that would utilize Loligo squid RSA, this proposed 
rule adjusts the quarterly allocations from those that were proposed, 
based on formulas specified in the FMP. The 2003 quarterly allocations 
would be as follows:

                                  Table 2.--Loligo Squid Quarterly Allocations
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                                                                                                  Research  set-
                             Quarter                                  Percent     Metric tons\1\       aside
----------------------------------------------------------------------------------------------------------------
I (Jan-Mar).....................................................           33.23         5,606.7             N/A
II (Apr-Jun)....................................................           17.61         2,971.3             N/A
III (Jul-Sep)...................................................           17.3          2,918.9             N/A
IV (Oct-Dec)....................................................           31.86         5,375.6             N/A
    Total.......................................................          100           16,872.5          127.5
----------------------------------------------------------------------------------------------------------------
\1\ Quarterly allocations after 127.5 mt RSA deduction

    Also unchanged from 2002, the Council recommended 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 2003 and 
subsequent fishing years. Currently, by default, Quarterly underages 
from Quarters II and III carry over into Quarter IV because Quarter IV 
does not close until 95 percent of the total annual quota has been 
harvested. Additionally, if the Quarter I landings for Loligo squid are 
less than 70 percent of the Quarter I allocation, the underage below 70 
percent is to be applied to the Quarter III allocation. The Council has 
recommended, and NMFS proposes that, in the event that the Quarter I 
landings for Loligo squid are less than

[[Page 65937]]

80 percent of the Quarter I allocation, the underage below 80 percent 
would be applied to the Quarter III allocation. NMFS is publishing the 
measure in this proposed rule as presented in the Council's submission, 
but notes that the Council minutes for the May 2, 2002, meeting lists 
the Council's motion for this proposed change, however, it was not 
consistent with the intent of the action. This proposed rule publishes 
the measure as Council staff believes the Council intended. NMFS 
requests Council confirmation of its intent during the public comment 
period.
Illex
    The 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 
specified as the catch associated with a fishing mortality rate of 
FMSY. 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 
proposes, that the specification of Max OY and ABC remain unchanged 
from 2002 at 24,000 mt (the yield associated with FMSY). The 
directed fishery for Illex squid would remain open until 95 percent of 
the DAH is taken (22,800 mt). Once 95 percent of the DAH 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. The FMP does not authorize the 
specification 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 2003 fishery. This represents no change in the 
specifications since 1996. Commercial landings of butterfish have been 
low, at 2,797 mt, 1,964 mt, 2,116 mt and 1,432 mt for the 1997 through 
2000 fisheries, respectively. Lack of market demand and the difficulty 
in locating schools of market-sized fish have constrained this fishery.
    For the 2003 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. The 
regulations found in Sec.  648.20 authorizes the specification of JVP 
or TALFF specifications for butterfish only 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 E.O. 12866.
    The Council prepared an IRFA in section 3.0 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 of this proposed 
rule. This proposed rule does not duplicate, overlap, or conflict with 
other Federal rules. There are no new reporting or recordkeeping 
requirements contained in the Preferred Alternatives or any of the 
alternatives considered for this action. A copy of the IRFA can be 
obtained from the Northeast Regional Office of NMFS (see ADDRESSES), 
from the Council (see ADDRESSES) or via the Internet at http:/
www.nero.NMFS.gov. A summary of the analysis follows:
    The numbers of potential fishing vessels in the 2002 fisheries are 
384 for Loligo squid/butterfish, 73 for Illex squid, 2,242 for Atlantic 
mackerel, and 1,828 vessels with incidental catch permits for squid/
butterfish. 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 DAH specifications of 175,000 mt 
for Atlantic mackerel, 24,000 mt for Illex squid, and 5,900 mt for 
butterfish represent no constraint on vessels in these fisheries. The 
level of landings in the proposed specifications for 2003 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 1997-2001, Loligo squid landings averaged 16,771 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 1997-2001. 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 80 percent of the Quarter I allocation would be 
applied to Quarter III. Currently, all underages from Quarter I less 
than 70 percent are applied to the Quarter III allocation. By making 
the increased underage available during Quarter III, Loligo squid 
permit holders could continue to fish during a time when that 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 2003 specifications at the same level as 2002. The Council 
rejected this option because of concerns associated with the potential 
for rapid expansion of the shore-side processing sector of this 
industry in 2003. If rapid expansion of the processing sector did occur 
early in 2003, and landings exceeded 85,000 mt, an inseason adjustment 
to IOY would be necessary. However, the majority of mackerel landings 
occur from January through March, and it is unlikely that an inseason 
adjustment could be made in time for quota to be available to industry 
for that period. The result would be the unnecessary closure of the 
fishery that could result in negative economic and/or social impacts to 
the U.S. mackerel industry. Some or all of the vessel owners, crews, 
dealers, processors or fishing communities associated with the Atlantic 
mackerel fishery could be adversely affected by maintaining the 2002 
annual specifications for Atlantic mackerel in 2003. A second 
alternative considered for Atlantic mackerel was to

[[Page 65938]]

set ABC at the long-term potential catch (LTPC), or 134,000 mt. This 
alternative was found inconsistent with the status of the stock. 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 Council considered the level of foregone yield 
under this alternative unacceptable.
    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 initial quota 
allocated for the 2000 fishing year (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, 15 of the 447 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 have 
set ABC, DAH, DAP, and IOY at 18,300 mt. Under this alternative, the 
quota would be specified at a level that is 1,300 mt higher than is 
specified by the overfishing definition control rule in the FMP. Since 
the stock is technically not protected from overfishing, some negative 
economic and social impacts could be expected from this alternative in 
the long term if the stock did become overfished. The vessel owners, 
crews, dealers, processors and fishing communities associated with 
these ports would be expected to be affected the most by this 
alternative when compared to the proposed 2003 annual specifications 
for Loligo.
    For Illex squid, one alternative considered would have set Max OY, 
ABC, IOY, DAH, and DAP at 30,000 mt and a second alternative would have 
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 landings in this 
fishery. Therefore, there would be no constraints and, thus, no revenue 
reductions, associated with these specifications. However, the Council 
considered the first alternative 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 
set a Max OY of 16,000 mt and an ABC, IOY, DAH, and DAP of 7,200 mt, 
and the second 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.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: October 24, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, 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 revised to read as follows:


Sec.  648.21  Procedures for determining initial annual amounts.

* * * * *
    (f) * * *
    (3) Beginning January 1, 2003, if commercial landings in Quarter I 
are determined to be less than 80 percent of the Quarter I quota 
allocation, any remaining Quarter I quota that is less than 80 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 80 percent, or 30,000 lb (66,139 kg), 
would be reallocated to Quarter III. A balance of 20 percent, or 20,000 
lb (44,092 kg), would remain in Quarter I).
* * * * *
[FR Doc. 02-27506 Filed 10-28-02; 8:45 am]
BILLING CODE 3510-22-P