[Federal Register Volume 67, Number 221 (Friday, November 15, 2002)]
[Proposed Rules]
[Pages 69181-69182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29181]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 021101264-2264-01; I.D. 101802D]
RIN 0648-AQ33


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery

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

ACTION: Proposed 2003 specifications for the Atlantic herring fishery; 
request for comments.

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SUMMARY: NMFS proposes specifications for the 2003 Atlantic herring 
fishery. The regulations for the Atlantic herring fishery require NMFS 
to publish specifications for the upcoming year and to provide an 
opportunity for public comment. The intent of the specifications is to 
conserve and manage the Atlantic herring resource and provide for a 
sustainable fishery.

DATES: Comments must be received no later than 5 p.m., Eastern Standard 
Time, on December 16, 2002.

ADDRESSES: Copies of supporting documents, including the Environmental 
Assessment, Regulatory Impact Review, Initial Regulatory Flexibility 
Analysis (EA/RIR/IRFA), Essential Fish Habitat Assessment, and the 
Stock Assessment and Fishery Evaluation (SAFE) Report for the 2001 
Atlantic Herring Fishing Year are available from Paul J. Howard, 
Executive Director, New England Fishery Management Council, 50 Water 
Street, Mill 2, Newburyport, MA 01950. The EA/RIR/IRFA is accessible 
via the Internet at http://www.nero.nmfs.gov/ro/doc/nero.html.
    Written comments on the proposed specifications should be sent to 
Patricia A. Kurkul, Regional Administrator, National Marine Fisheries 
Service, 1 Blackburn Drive, Gloucester, MA 01930. Mark on the outside 
of the envelope: ``Comments--2003 Herring Specifications.'' Comments 
may also be sent via facsimile (fax) to (978) 281-9371. Comments will 
not be accepted if submitted via e-mail or the Internet.

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

SUPPLEMENTARY INFORMATION: Regulations implementing the Atlantic 
Herring Fishery Management Plan (FMP) require the New England Fishery 
Management Council's (Council) Atlantic Herring Plan Development Team 
(PDT) to meet at least annually, no later than July each year, with the 
Atlantic States Marine Fisheries Commission's (Commission) Atlantic 
Herring Plan Review Team (PRT) to develop and recommend the following 
specifications for consideration by the Council's Atlantic Herring 
Oversight Committee: Allowable biological catch (ABC), optimum yield 
(OY), domestic annual harvest (DAH), domestic annual processing (DAP), 
total foreign processing (JVPt), joint venture processing (JVP), 
internal waters processing (IWP), U.S. at-sea processing (USAP), border 
transfer (BT), total allowable level of foreign fishing (TALFF), and 
reserve (if any). The PDT and PRT also recommend the total allowable 
catch (TAC) for each management area and subarea identified in the FMP. 
As the basis for its recommendations, the PDT reviews available data 
pertaining to: Commercial and recreational catch; current estimates of 
fishing mortality; stock status; recent estimates of recruitment; 
virtual population analysis results and other estimates of stock size; 
sea sampling and trawl survey data or, if sea sampling data are 
unavailable, length frequency information from trawl surveys; impact of 
other fisheries on herring mortality; and any other relevant 
information. Recommended specifications are presented to the Council 
for adoption and recommendation to NMFS.

Proposed 2003 Specifications

    At its August 2002 meeting, the Council recommended specifications 
for the 2003 Atlantic herring fishery. Based on the Council's 
recommendations, NMFS proposes the specifications and Area TACs 
contained in the following table.

   Specifications and Area TACs for the 2003 Atlantic Herring Fishery
------------------------------------------------------------------------
               Specification                  Proposed Allocation (mt)
------------------------------------------------------------------------
ABC                                                              300,000
OY                                                               250,000
DAH                                                              250,000
DAP                                                              226,000
JVPt                                                              20,000
JVP                                                               10,000
                                                     (Area 2 and 3 only)
IWP                                                               10,000
USAP                                                              20,000
                                                     (Area 2 and 3 only)
BT                                                                 4,000
TALFF                                                                  0
Reserve                                                                0

[[Page 69182]]

 
TAC-Area 1A                                                       60,000
TAC-Area 1B                                                       10,000
TAC-Area 2                                                        50,000
                                                   (TAC reserve: 70,000)
TAC-Area 3                                                        60,000
------------------------------------------------------------------------

    There are two proposed changes from the specifications approved by 
NMFS for the 2002 fishery: A transfer of 10,000 mt from the Area 2 TAC 
reserve to the Area 3, TAC resulting in an Area 3 TAC of 60,000 mt and 
an Area 2 TAC reserve of 70,000 mt; and a restriction on USAP vessels 
to receive fish from Areas 2 and 3 only. A discussion of impacts of 
these proposed changes follows.

Increase to the Area 3 TAC

    The proposed increase in the Area 3 TAC from 50,000 to 60,000 mt, 
and concomitant decrease in the Area 2 TAC reserve from 80,000 to 
70,000 mt will have no significant impact on the Atlantic herring stock 
or the Southern New England/Georges Bank Atlantic herring spawning 
component. Landings from Area 3 totaled 34,510 mt in 2001, a large 
increase over the 12,884 mt landed from Area 3 in 2000. This would 
suggest that the Area 3 TAC could be fully harvested in the future, 
especially if shoreside processors are able to expand markets and 
processing capacity. Harvest from Area 2 totaled 15,388 mt in 2001, 
well below the 50,000-mt TAC and 80,000-mt TAC reserve for that area. 
Therefore, the proposed TAC-reserve reduction to 70,000 mt in Area 2 is 
not expected to have any impact on the fishery.

USAP

    No biological impacts on the stock of Atlantic herring are 
anticipated as a result of restricting USAP vessels to receiving fish 
from Areas 2 and 3 only. No vessel has fished under the USAP category 
since the FMP was implemented. However, if a USAP vessel has the 
opportunity to operate in or near Area 1 at a lower cost (for fuel, 
maintenance, or other operational expenses) than it would incur from 
fishing in Areas 2 or 3, and it is restricted from fishing in Area 1, 
the profitability of the USAP vessel could be compromised. However, the 
prohibition on harvesting Area 1 fish for delivery to USAP vessels 
would leave more fish available to shoreside processors and bait 
dealers operating on the coasts of Maine, New Hampshire, and 
Massachusetts, the three states that border Area 1A (the inshore 
portion of Area 1). The quota for Area 1A was taken prior to the end of 
both the 2000 and 2001 fishing years.

Classification

    This proposed rule has been determined to be not significant under 
Executive Order 12866.
    The Council and NOAA Fisheries prepared an initial regulatory 
flexibility analysis (IRFA) as required by section 603 of the 
Regulatory Flexibility Act. The IRFA describes the economic impact that 
this proposed rule, if adopted, would have on small entities. A summary 
of the analysis follows:
    A description of the reasons why this action is being considered, 
and the objectives of this proposed rule can be found in the preamble 
to this proposed rule and are not repeated here. This action does not 
contain any collection-of-information, reporting, or recordkeeping 
requirements. It would not duplicate, overlap, or conflict with any 
other Federal rules.
    All of the affected businesses (fishing vessels and dealers) are 
considered small entities under the standards described in NOAA 
Fisheries guidelines because they have annual returns (revenues) that 
do not exceed $3.5 million annually. The last full year of data 
available for the Atlantic herring fishery is for 2001. There were 146 
vessels, 6 processors, and 190 dealers participating in the fishery in 
2001. Given that vessels caught less than half the OY in 2001, the 
proposed status quo OY should not impact harvest levels in 2003.
    The Council, in proposing an increase in the Area 3 TAC from 50,000 
to 60,000 mt, and concomitant decrease in the Area 2 TAC reserve from 
80,000 to 70,000 mt, considered only a zero-sum transfer that would not 
alter the proposed OY of 250,000 mt. Landings from Area 3 increased 
from 12,884 mt in 2000 to 34,150 mt in 2001. The Council sought to 
provide additional opportunity for the industry to increase its 
activity in Area 3. The Council did not consider transferring any TAC 
from Area 1 because that is the area in which the fishery has 
historically concentrated its activity. In fact in 2001, landings from 
Area 1A and Area 1B totaled 68,130 mt, nearly attaining the combined 
TAC for both areas of 70,000 mt. Landings from Area 2 in 2001 were 
15,388 mt out of a combined Area 2 TAC and Area 2 TAC Reserve of 
130,000 mt. Thus the Council concluded that the transfer of 10,000 mt 
from the Reserve would still leave a substantial amount of TAC for the 
fishery to expand its activity in Area 2. If the transfer is fully 
utilized, an additional 10,000 mt would produce additional revenues of 
1.2M (assuming $120/mt) to vessels and a proportionate increase in 
profits to processors.
    As noted above, landings from Area 1 in 2001 neared the total TAC 
for the area. The Council was concerned that future USAP activity, if 
allowed in Area 1, would have negative impact on firms that have 
historically harvested Area 1 fish for sale to shoreside processors. If 
the Area 1 TACs were attained, harvesting vessels that sell their catch 
to shoreside processors would have to fish further offshore, increasing 
their operating costs and potentially reducing their profitability. The 
economic impact on USAP vessels from prohibition on receiving fish 
harvested in Areas 1A and 1B cannot be directly measured since there is 
no history of over-the-side purchases upon which to base economic 
impacts.
    The Council considered a Committee recommendation to reduce USAP by 
5,000 mt, but rejected it based on comments that a vessel may operate 
under this specification in 2003 and be able to utilize 20,000 mt. The 
specification of 15,000 mt would reduce potential profits of USAP 
operations when compared to the status quo specification of 20,000 mt, 
although as yet, no part of USAP has been utilized. The Council did not 
consider a recommendation to increase USAP by 5,000 mt, because no 
vessel has fished under the USAP category since the FMP was 
implemented.

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

    Dated: November 12, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 02-29181 Filed 11-14-02; 8:45 am]
BILLING CODE 3510-22-S