[Federal Register Volume 78, Number 95 (Thursday, May 16, 2013)]
[Proposed Rules]
[Pages 28794-28795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11711]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 130425406-3406-01]
RIN 0648-BD26


Control Date for Qualifying Landings History and To Limit 
Speculative Entry Into the Longfin Squid/Butterfish Fishery; Mackerel, 
Squid and Butterfish Fishery Management Plan

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

ACTION: Advance notice of proposed rulemaking (ANPR); request for 
comments.

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SUMMARY: At the request of the Mid-Atlantic Fishery Management Council, 
this notice announces a control date that may be applicable, but not 
limited to, qualifying landings history for continued access to the 
longfin squid/butterfish moratorium limited access permit program. NMFS 
intends this notice to promote awareness of possible rulemaking, alert 
interested parties of potential eligibility criteria for future access, 
and discourage speculative entry into and/or investment in the longfin 
squid/butterfish fishery while the Mid-Atlantic Fishery Management 
Council considers if and how access to the longfin squid/butterfish 
fishery should be controlled.

DATES: May 16, 2013, shall be known as the ``control date'' for the 
longfin squid/butterfish fishery, and may be used as a reference date 
for future management measures related to the maintenance of a fishery 
with characteristics consistent with the Council's objectives and 
applicable Federal laws. Written comments must be received on or before 
5 p.m., local time June 17, 2013.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2013-0076 by any of the following methods:
    [ssquf] Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0076, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
    [ssquf] Mail: Submit written comments to John K. Bullard, Regional 
Administrator, National Marine Fisheries Service, 55 Great Republic 
Drive, Gloucester, MA 01930. Mark the outside of the envelope, 
``Comments on Longfin/butterfish Qualification Control Date.''
    [ssquf] Fax: (978) 281-9135; Attn: Aja Szumylo.
    Instructions: Comments must be submitted by one of the above 
methods to ensure that the comments are received, documented, and 
considered by NMFS. We may not consider comments sent by any other 
method, to any other address or individual, or received after the end 
of the comment period. All comments received are a part of the public 
record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.) submitted voluntarily by the 
sender will be publicly accessible. Do not submit confidential business 
information, or otherwise sensitive or protected information. NMFS will 
accept anonymous comments (enter ``N/A'' in the required fields if you 
wish to remain anonymous). We accept attachments to electronic comments 
only in Microsoft

[[Page 28795]]

Word or Excel, WordPerfect, or Adobe PDF file formats.

FOR FURTHER INFORMATION CONTACT: Aja Szumylo, Fishery Policy Analyst, 
978-675-9195, fax 978-281-9135.

SUPPLEMENTARY INFORMATION: The Mackerel, Squid, and Butterfish (MSB) 
Fishery Management Plan (FMP) is managed by the Mid-Atlantic Fishery 
Management Council (Council). Longfin squid (formerly Loligo pealei, 
now Doryteuthis pealei) supports important commercial fisheries along 
the Atlantic coast of the United States, primarily from New Jersey to 
Massachusetts, generating ex-vessel revenues in the $20-$30 million 
range annually in most years since 1989. Since April 2, 1996, the 
Council has managed longfin squid in combination with butterfish under 
a moratorium permit to prevent overcapitalization of the fleet (65 FR 
14465). The Council has considered additional capacity controls since 
2003. On May 20, 2003 (68 FR 27516), NMFS published, at the request of 
the Council, an ANPR indicating that the Council intended to consider 
alternatives to further control capacity in the longfin and Illex 
fisheries (Illex is not a subject of this notice). Accordingly, May 20, 
2003, was termed a ``control date,'' and notice was provided that the 
control date may be used for establishing eligibility criteria for 
determining levels of future access to the squids and butterfish 
fisheries subject to Federal authority. On January 8, 2010 (75 FR 
1024), NMFS published, at the request of the Council, a subsequent ANPR 
reaffirming the May 20, 2003, control date for both longfin and Illex 
squid fisheries.
    In the case of the longfin squid/butterfish fishery, the Council is 
currently concerned with excess and/or latent capacity. Since 2003, 
approximately 95-120 of the 375 longfin squid/butterfish moratorium 
permitted-vessels have accounted for 95 percent of longfin squid 
landings. Activation of latent capacity, in conjunction with 
restrictions in other fisheries, may create a derby fishery in certain 
quota periods of the longfin squid/butterfish fishery. Therefore, the 
Council has expressed a need to examine excess capacity and/or latent 
capacity in the limited entry section of this fishery.
    At its April 2013 meeting, the Council requested that NMFS also 
publish this control date to discourage speculative activation of 
previously unused effort or capacity in the longfin squid/butterfish 
fishery while alternative management regimes to control capacity or 
latent effort are discussed, possibly developed, and implemented. The 
control date communicates to fishermen that performance or fishing 
effort after the date of publication may not be treated the same as 
performance or effort that was expanded before the control date. The 
Council may choose to use different qualification criteria that do not 
incorporate the new control date. Accordingly, the Council could also 
choose to develop alternative qualification criteria based on the May 
20, 2003, date and/or January 8, 2010, reaffirmation date. The Council 
may also choose to take no further action to control entry or access to 
the longfin squid/butterfish fishery.
    This notification establishes May 16, 2013, as the new control date 
for potential use in determining historical or traditional 
participation in the longfin squid/butterfish fishery. Consideration of 
a control date does not commit the Council to develop any particular 
management regime or criteria for participation in these fisheries. The 
Council may choose a different control date; or may choose a management 
program that does not make use of such a date. Any action by the 
Council will be taken pursuant to the requirements for FMP development 
established under the Magnuson-Stevens Act.
    This notification also gives the public notice that interested 
participants should locate and preserve records that substantiate and 
verify their participation in the longfin squid/butterfish fishery in 
Federal waters.

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

    Dated: May 13, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs, 
National Marine Fisheries Service.
[FR Doc. 2013-11711 Filed 5-15-13; 8:45 am]
BILLING CODE 3510-22-P