[Federal Register Volume 68, Number 58 (Wednesday, March 26, 2003)]
[Proposed Rules]
[Pages 14571-14573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7252]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 030314060-3060-01; I.D. 021003E]
RIN 0648-AQ57


Fisheries of the Northeastern United States; Atlantic Mackerel, 
Squid and Butterfish Fisheries; Framework Adjustment 3

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to implement measures contained in Framework 
Adjustment 3 (Framework 3) to the Atlantic Mackerel, Squid, and 
Butterfish Fishery Management Plan (FMP). This action would extend the 
limited entry program for the Illex squid fishery for an additional 
year. This action is intended to further the objectives of the FMP and 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).

DATES: Public comments must be received no later than 5 p.m., eastern 
standard time, on April 10, 2003.

ADDRESSES: Copies of Framework 3, including the Environmental 
Assessment (EA), Regulatory Impact Review (RIR) and Initial Regulatory 
Flexibility Analysis (IRFA) are available upon request from Daniel T. 
Furlong, Executive Director, Mid-Atlantic Fishery Management Council, 
300 South New Street, Dover, DE 19904-6790. The EA/RIR/IRFA is 
accessible via the Internet at http://www.nero.noaa.gov/ro/doc/com.htm.
    Comments on Framework 3 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-
SMB Framework Adjustment 3.'' 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: Paul H. Jones, Fishery Policy Analyst, 
978-281-9273, fax 978-281-9135, e-mail [email protected].

SUPPLEMENTARY INFORMATION: In 1997, Amendment 5 to the FMP established 
a limited entry program for the Illex squid

[[Page 14572]]

fishery in response to a concern that fishing capacity could otherwise 
expand to overexploit the stock. At the time the program was 
established, there was a concern that the capacity of the limited entry 
vessels might prove, over time, to be insufficient to fully exploit the 
annual quota. In response to this concern, a 5-year sunset provision 
was placed on the Illex squid limited entry program. Framework 2 to the 
FMP extended the Illex squid moratorium for 1 year, and it is currently 
scheduled to end on July 1, 2003. Since the implementation of the 
limited entry program, the Illex squid fishery's performance has 
demonstrated that the current fleet possesses the capacity to harvest 
the long-term potential yield from this fishery. The Mid-Atlantic 
Fishery Management Council (Council) must prepare an amendment to the 
FMP (Amendment 9) to evaluate whether or not the limited entry program 
should be made permanent. This action would extend the Illex squid 
moratorium through July 1, 2004, to prevent overcapitalization while 
Amendment 9 is being prepared and considered by the Council. This 
extension would comply with the criteria in section 303(b)(6) of the 
Magnuson-Stevens Act. The extension would allow the Council additional 
time to consider long-term management for the Illex squid fishery, 
including the limited entry program. Vessels that took small quantities 
of Illex squid in the past may continue to do so under the incidental 
catch provision of the FMP.

Classification

    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Council prepared an IRFA 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 in the SUPPLEMENTARY INFORMATION 
section of the preamble. This proposed rule does not duplicate, 
overlap, or conflict with other Federal rules. There are no new 
reporting or recordkeeping requirements contained in any of the 
alternatives considered for this action. There are 73 vessels that have 
been issued moratorium permits, all of which would be impacted by this 
action. Since per vessel costs are not available for vessels 
participating in the Illex moratorium fishery, individual vessel 
profitability could not be estimated. Therefore, changes in gross 
revenue of the aggregate fleet is used as a proxy for changes in 
individual vessel profitability. Furthermore, assumptions are made that 
revenue losses and gains are shared equally among these vessels. NMFS' 
guidelines suggest consideration of disproportionate economic impacts 
between large and small entities that may result from the proposed 
regulatory action. Because there are no large entities (vessels) 
participating in this fishery, small vessels will not be placed at a 
competitive disadvantage to large vessels, thus rendering the issue of 
disproportionate impacts between these two classes moot. A copy of the 
complete analysis can be obtained from the Mid-Atlantic Fishery 
Management Council (see ADDRESSES) or via the Internet at http://www.nero.noaa.gov/ro/doc/com.htm. A summary of the analysis follows.
    In addition to the preferred alternative 1, the Council considered 
three non-preferred alternatives. Alternative 2 would extend the 
moratorium on entry to the Illex fishery for an additional 2 years 
(through July 1, 2005); Alternative 3 would extend the moratorium on 
entry to the Illex fishery for an additional 3 years (through July 1, 
2006); and Alternative 4 would allow the moratorium on entry to the 
Illex fishery to expire on July 1, 2003 (no action).
    The preferred alternative and alternatives 2 and 3 would extend the 
moratorium on entry of new vessels into the Illex fishery; therefore, 
no impact is expected on vessels in the fishery in 2003 (and the first 
half of 2004), compared to individual vessel revenues in 2002. The 
Council assumed that the market and prices would remain stable. 
Therefore, any changes in individual vessel revenues would be the 
result of factors outside the scope of the moratorium (e.g., change in 
fishing practices for individual vessels, or changes in abundance and 
distribution of Illex squid).
    Under alternative 4, the no-action alternative, the Illex fishery 
would revert to open access. This would result in an increase in 
fishing effort in the Illex fishery. New vessels entering the fishery 
would limit per vessel share of the Illex squid quota and reduce 
revenues for the present participants. Computing the total revenue 
losses for the existing moratorium vessels is impossible due to the 
unpredictability of redirection of effort into the Illex squid fishery. 
Therefore, the Council developed a sensitivity analysis to determine 
the impact of the entry of additional vessels into the fishery on 
revenues earned by individual vessels already engaged in the fishery. 
The sensitivity analysis examined three scenarios that presumed 
revenues derived from landings of Illex squid would be reduced by 75, 
50, and 25 percent. The analysis was based on 1998 data because in 1998 
the Illex quota was completely harvested. Therefore, those data would 
allow the greatest impact to be assessed.
    Under scenario 1, the review of revenue impacts examined the 
landings of vessels that landed at least one pound in 1998 and presumed 
that revenues derived from landing Illex for these vessels would be 
reduced by 75 percent. The 109 impacted vessels were projected to be 
impacted by revenue losses that ranged from less than 5 percent for 79 
vessels, to a maximum of 40-49 percent for 2 vessels. There were no 
impacted vessels home-ported in Maryland, New Hampshire, or Virginia; a 
high of 15 vessels had home ports in New Jersey. Other impacted vessels 
were home ported in Massachusetts, Maine, Rhode Island, New York, and 
North Carolina. Presumably, other vessels entering the fishery would 
experience gains in revenues.
    Under scenario 2, the review of revenue impacts presumed that 
vessel revenues derived from landing Illex would be reduced by 50 
percent. The 109 impacted vessels were projected to be impacted by 
revenue losses that ranged from less than 5 percent for 84 vessels, to 
a maximum of 30-39 percent for one vessel. There were no impacted 
vessels home-ported in Maryland, New Hampshire, or Virginia; a high of 
11 vessels had home ports in New Jersey. Others were in Massachusetts, 
Maine, Rhode Island, and North Carolina. Presumably, other vessels 
entering the fishery would experience gains in revenues.
    Under scenario 3, the review of revenue impacts presumed that 
vessel revenues derived from landing Illex would be reduced by 25 
percent. The 109 impacted vessels were projected to be impacted by 
revenue losses that ranged from less than 5 percent, for 88 vessels, to 
a maximum of 10-19 percent for 8 vessels. The number of impacted 
vessels by home state ranged from none in Maryland, New Hampshire, New 
York, and Virginia, to a high of 11 in New Jersey. Other impacted 
vessels were home ported in Massachusetts, Maine, Rhode Island, and 
North Carolina.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.


[[Page 14573]]


    Dated: March 20, 2003.
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.  648.4, the heading of paragraph (a)(5)(i) is revised to 
read as follows:


Sec.  648.4  Vessel permits.

    (a) * * *
    (5) * * *
    (i) Loligo squid/butterfish and Illex squid moratorium permits 
(Illex squid moratorium is applicable from July 1, 1997, until July 1, 
2004). * * *
* * * * *
[FR Doc. 03-7252 Filed 3-25-03; 8:45 am]
BILLING CODE 3510-22-S