[Federal Register Volume 68, Number 1 (Thursday, January 2, 2003)]
[Rules and Regulations]
[Pages 57-60]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-33038]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 648

[Docket No. 021017239-2322-02 ; I.D. 091902F]
RIN 0648-AQ15


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

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

ACTION: Final rule and 2003 specifications.

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SUMMARY: NMFS announces final initial specifications for the 2003 
fishing year for Atlantic mackerel, squid, and butterfish (MSB); 
including an in-season adjustment provision for the 2003 mackerel joint 
venture processing (JVP) annual specification. This action also 
specifies a method for carrying over Loligo squid Quarter I underages 
into Quarter III. The intent of this final rule is to promote the 
development and conservation of the MSB resource.

DATES: Effective February 3, 2003.

ADDRESSES: Copies of supporting documents used by the Mid-Atlantic 
Fishery Management Council, including the Environmental Assessment (EA) 
and Regulatory Impact Review (RIR), Final Regulatory Flexibility 
Analysis (FRFA), are available from: Patricia A. Kurkul, Regional 
Administrator, Northeast Regional Office, NMFS, One Blackburn Drive, 
Gloucester, MA 01930-2298. The EA/RIR/FRFA is accessible via the 
Internet at http://www.nero.nmfs.gov.

FOR FURTHER INFORMATION CONTACT: Paul H. Jones, Fishery Policy Analyst, 
978-

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281-9273, fax 978-281-9135, e-mail [email protected].

SUPPLEMENTARY INFORMATION: Regulations implementing the Atlantic 
Mackerel, Squid, and Butterfish Fishery Management Plan (FMP) require 
NMFS to publish annual initial specifications for maximum optimum yield 
(Max OY), allowable biological catch (ABC), initial optimum yield 
(IOY), domestic annual harvest (DAH), domestic annual processing (DAP), 
JVP, and total allowable level of foreign fishing (TALFF) for the 
species managed under the FMP. In addition, regulations implemented 
under Framework Adjustment 1 to the FMP allow the specification of 
quota set-asides to be used for research purposes.
    Proposed 2003 initial specifications were published on October 29, 
2002 (67 FR 65934). Public comments were accepted through November 27, 
2002. The final specifications are unchanged from those that were 
proposed. A complete discussion of the development of the 
specifications appears in the preamble to the proposed rule and is not 
repeated here.

2003 Final Initial Specifications

    The following table contains the final initial specifications and 
research set-aside (RSA) for the 2003 MSB fisheries.

  Table 1. Final Initial Annual Specifications and RSA, in Metric Tons (mt), for Atlantic Mackerel, Squid, and
                       Butterfish for the Fishing Year January 1 through December 31, 2003
----------------------------------------------------------------------------------------------------------------
                                                               Squid                  Alantic
                 Specifications                  ---------------------------------------------------------------
                                                      Loligo           Illex         Mackerel       Butterfish
----------------------------------------------------------------------------------------------------------------
Max OY                                                    26,000          24,000          N/A\1\          16,000
ABC                                                       17,000          24,000         347,000           7,200
IOY                                                  16,872.5\5\          24,000      175,000\2\           5,900
DAH                                                     16,872.5          24,000      175,000\3\           5,900
DAP                                                     16,872.5          24,000         150,000           5,900
JVP                                                            0               0       10,000\4\               0
TALFF                                                          0               0               0               0
RSA                                                        127.5               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 RSA.

2003 Final Specifications

Atlantic Mackerel

    This final rule specifies an Atlantic mackerel JVP of 10,000 mt for 
the 2003 fishery, with a possible increase of up to 10,000 mt (for a 
total JVP of up to 20,000 mt) later in the fishing year, should 
additional applications for JVP be received. This adjustment would be 
made by NMFS, in consultation with the Council, through publication of 
notification in the Federal Register. The action also specifies an 
Atlantic mackerel DAP of 150,000 mt and a DAH of 175,000 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 2003 Atlantic mackerel 
fishery, as follows: (1) JVPs 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 it should not exceed 347,000 mt; and (4) 
applications from a particular nation for an Atlantic mackerel JVP 
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

    This final rule specifies a Loligo squid IOY of 16,898 mt, which is 
equal to ABC minus the RSA, and subdivides the annual quota into 
quarterly periods. The 2003 quarterly allocations are as follows:

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                                                                                             Metric     Research
                   Quarter                                                       Percent    Tons\1\    Set-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.

Carry-over of Quarterly Quota Underages

    In 2002, by default, quarterly underages from Quarters II and III 
carried 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 were less than 70 percent of 
the Quarter I allocation, the underage below 70 percent was to be 
applied to the Quarter III allocation. For 2003, the Council 
recommended that, in the event that the Quarter I landings for Loligo 
squid are

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less than 80 percent of the Quarter I allocation, the underage below 80 
percent should be added to the Quarter III allocation. In a November 
20, 2002, letter to NMFS, the Council confirmed its intent relative to 
the transfer of underage of Loligo squid in Quarter I to Quarter III. 
The Council believes the proposed rule accurately reflected the intent 
of the Council with regard to this issue. Therefore, this final rule 
modifies the allocation method such that, if the Quarter I landings of 
Loligo squid are less than 80 percent of the Quarter I allocation, the 
underage below 80 percent will be added to the Quarter III allocation.

Comments and Responses

    Three commenters commented on a total of two issues in the proposed 
specifications.
    Comment 1: Three commenters expressed support for the proposed zero 
allocation of Atlantic mackerel TALFF.
    Response 1: This final rule implements the proposed zero allocation 
of Atlantic mackerel TALFF.
    Comment 2: Two commenters opposed the proposed Atlantic mackerel 
JVP specification of 10,000 mt because they believe shore-based 
processors would be negatively affected by foreign joint ventures that 
would compete with the U.S. domestic mackerel harvest.
    Response 2: 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 processors' 
capacity to process mackerel. As a result, the Council recommended, and 
NMFS is implementing, the 10,000-mt JVP allocation to provide 
additional opportunity for U.S. vessels to sell mackerel.

Classification

    This final rule has been determined to be not significant for 
purposes of E. O. 12866.
    NMFS prepared a FRFA for this action. The FRFA includes a summary 
of the analyses done in support of these specifications. A copy of the 
FRFA is available from NMFS (see ADDRESSES). A summary of the FRFA 
follows:
    The reasons why this action is being taken by the agency, and the 
objectives of this final rule are explained in the preamble to the 
proposed rule and are not repeated here. This action does not contain 
any collection-of-information, reporting, recordkeeping, or other 
compliance requirements. It does not duplicate, overlap, or conflict 
with any other Federal rules. This action is taken under authority of 
the Magnuson-Stevens Act and regulations at 50 CFR part 648.
    Three comments were submitted on the proposed rule, but none of 
them were specific to the initial regulatory flexibility analysis. 
However, two individuals commented on the economic impacts of the 
measures on the fishing industry; NMFS has responded to those comments 
(Comment 2) in the Comments and Responses section of the preamble to 
this final rule. No changes were made to the final rule as a result of 
the comments received.
    The numbers of potential fishing vessels in the 2003 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 final 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 allowed under the final specifications for 2003 has 
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 final action.
    From 1997-2001, Loligo squid landings averaged 16,771 mt annually. 
If the 2003 final DAH specification of 16,872.5 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. One 
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 would not be protected from overfishing 
under this alternative, 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 final 2003 
annual specifications for Loligo. This action also modifies 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 (ABC = 347,00 mt, 
IOY = 85,000 mt, DAH = 85,000 mt, DAP = 50,000 mt, JVP = 20,000 mt and 
TALFF = 0 mt). This alternative would have increased JVP by 10,000 mt 
and decreased DAP by 100,000 mt. This alternative was rejected because 
of concerns associated with the potential for rapid expansion of the 
shoreside 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 the 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.
    For Illex squid, one alternative considered would have set Max OY, 
ABC, IOY, DAH, and DAP at 30,000 mt. This specification 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 alternative was found unacceptable because 
an ABC specification of 30,000 mt may not prevent overfishing in years 
of moderate to low abundance of Illex squid.
    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

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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.
    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 (SBREFA) states that, for each rule or group of related 
rules for which an agency is required to prepare a FRFA, the agency 
shall publish one or more guides to assist small entities in complying 
with the rule, and shall designate such publications as ``small entity 
compliance guides.'' The agency shall explain the actions a small 
entity is required to take to comply with a rule or group of rules. As 
part of this rulemaking process, a letter to permit holders that also 
serves as the small entity compliance guide (the guide) was prepared. 
Copies of this final rule are available from the Northeast Regional 
Office, and the guide, i.e., permit holder letter, will be sent to all 
holders of permits issued for the mackerel, squid, and butterfish 
fisheries. The guide and this final rule will be available upon request 
(see ADDRESSES).

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: December 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 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. 02-33038 Filed 12-31-02; 8:45 am]
BILLING CODE 3510-22-S