[Federal Register Volume 69, Number 105 (Tuesday, June 1, 2004)]
[Rules and Regulations]
[Pages 30839-30840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12353]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 040302080-4157-02 ; I.D.021104C]
RIN 0648-AR44


Fisheries of the Northeastern United States; Atlantic Mackerel, 
Squid and Butterfish Fisheries; Framework Adjustment 4

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

ACTION: Final rule for Framework Adjustment 4 (Framework 4) to the 
Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan (FMP).

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SUMMARY: NMFS issues the final rule to implement measures contained in 
Framework 4. This action extends the limited entry program for the 
Illex squid fishery for an additional five years. This action is 
intended to further the objectives of the FMP and the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act).

DATES: Effective July 1, 2004, through July 1, 2009.

ADDRESSES: Copies of Framework 4, including the Final Environmental 
Impact Statement (FEIS) and Regulatory Impact Review (RIR)/ Regulatory 
Flexibility Analysis (RFA), are available from: Daniel Furlong, 
Executive Director, Mid-Atlantic Fishery Management Council (Council), 
Room 2115, Federal Building, 300 South New Street, Dover, DE 19904-
6790. The FEIS/RIR/RFA and the Record of Decision (ROD) are accessible 
via the Internet at http://www.nero.noaa.gov. Copies of the Record of 
Decision (ROD) are also available from the Regional Administrator, 
Northeast Regional Office, NMFS, One Blackburn Drive, Gloucester, MA 
01930-2298.

FOR FURTHER INFORMATION CONTACT: Eric Jay Dolin, Fishery Policy 
Analyst: phone 978-281-9259; fax 978-281-9135; e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: This action extends the Illex squid limited 
entry (moratorium) program until July 1, 2009, to prevent 
overcapitalization while the issue is further considered in an 
amendment to the FMP (Amendment 9), which is being developed by the 
Council. This extension complies with the criteria in section 303(b)(6) 
of the Magnuson-Stevens Act. The extension will 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.
    The proposed rule for Framework 4 was published on March 26, 2004 
(69 FR 15778). Public comments were accepted through April 26, 2004. A 
full discussion of the background of this action was provided in the 
proposal and is not repeated here. The final Framework 4 provision is 
unchanged from that which was proposed.

Comments and Responses

    One comment was received from a private individual.
    Comment: The number of boats that are allowed to fish for Illex 
under the moratorium should be cut by 50 percent.
    Response: Cutting the number of moratorium permits in half is 
outside the scope of this framework action, the sole purpose of which 
is to extend the existing moratorium on entry to the Illex fishery 
while the Council addresses this issue in Amendment 9.

Classification

    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    Included in this final rule is the Final Regulatory Flexibility 
Analysis (FRFA) prepared pursuant to 5 U.S.C. 604(a). The FRFA 
incorporates the discussion that follows, the comments and responses to 
the proposed rule, and the Initial RFA (IRFA) and other analyses 
completed in support of this action. A copy of the IRFA is available 
from the Executive Director of the Council and via the Internet (see 
ADDRESSES).

Final Regulatory Flexibility Analysis

Statement of Objective and Need

    A description of the reasons why this action is being considered, 
and the objectives of and legal basis for this action, is contained in 
the preamble to the proposed rule and is not repeated here.

Summary of Significant Issues Raised in Public Comments

    One comment was submitted on the proposed rule, but it was not 
specific to the IRFA or the economic impact of the rule.

Description and Estimate of Number of Small Entities to Which the Rule 
Will Apply

    There are 72 vessels that have been issued moratorium permits, all 
of which would be impacted by this action. There are no large entities 
(vessels) participating in this fishery, as defined in section 601 of 
the Regulatory Flexibility Act. Implementation of this action is not 
expected to affect the current structure of the vessels allowed to 
participate in this fishery, therefore, it is not expected to affect 
revenues or profits of the participating vessels. Also, since the Illex 
fishery is regulated via a hard quota system, this action would not 
directly affect the quantity of Illex landed in the commercial fishery.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    This action does not contain any new collection-of-information, 
reporting, recordkeeping, or other compliance requirements. It does not 
duplicate, overlap, or conflict with any other Federal rules.

Minimizing Significant Economic Impacts on Small Entities

    In addition to the preferred Alternative 1, the Council considered 
three other alternatives. Alternative 2 would have extended the 
moratorium on entry to the Illex fishery for an additional two years 
(through July 1, 2005); Alternative 3 would have allowed the moratorium 
on entry to the Illex fishery to expire on July 1, 2003 (no action); 
and Alternative 4 would have extended the moratorium on entry to the 
Illex fishery indefinitely. Alternative 4 was rejected from further 
consideration and analysis because, as explained in detail in the 
proposed rule, the Council and NMFS considered the measure to be beyond 
the scope of a framework action. The framework adjustment process set 
forth at 50 CFR 648.24 is a mechanism to add

[[Page 30840]]

management measures to or adjust management measures in the FMP. As a 
consequence, the Illex squid moratorium limitation in the FMP is 
subject to an adjustment through this framework adjustment process. But 
the Council concluded that this process was developed to make revisions 
to the measures in the FMP that did not represent major changes to 
cornerstone provisions of the FMP, such as the moratorium on entry into 
the Illex squid fishery. Under the Magnuson-Stevens Act, the process of 
amending the FMP is the appropriate mechanism to extend the moratorium 
indefinitely.
    Alternative 2 would have extended the moratorium on entry of new 
vessels into the Illex fishery, though for a shorter period. Therefore, 
it would not minimize impacts on vessels when compared to this action. 
Under Alternative 3, the no-action alternative, the Illex fishery would 
have reverted to open access which could potentially impact the current 
participants in the directed fishery. In 2002, there were 72 vessels 
permitted to participate in the directed Illex fishery, however, only 
50 percent of those vessels (36 vessels) landed any Illex squid in 
2002. The Illex squid vessels currently permitted to participate in the 
fishery have the capability to harvest the total harvest level. In 
fact, in 1998, permitted vessels were able to land the total harvest 
level and the fishery was closed early that year. Therefore, it is 
expected that if a significant number of additional vessels entered the 
fishery as a consequence of Alternative 3, it could affect the current 
revenue structures of participants and/or create derby-style fishing 
practices which could potentially lead to an early closure of the 
directed fishery.

Small Entity Compliance Guide

    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 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 small entity compliance guide will be sent 
to all holders of Illex moratorium permits. In addition, copies of this 
final rule and guide (i.e., permit holder letter) may be found at the 
following web site: http://www.nmfs.gov/ro/doc/nero.html.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: May 25, 2004.
William T. Hogarth
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

0
For the reasons set out in the preamble, 50 CFR part 648 is to be 
amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
1. The authority citation for part 648 continues to read as follows:

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

0
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, 
2009). * * *
* * * * *
[FR Doc. 04-12353 Filed 5-28-04; 8:45 am]
BILLING CODE 3510-22-S