[Federal Register Volume 78, Number 149 (Friday, August 2, 2013)]
[Proposed Rules]
[Pages 46903-46904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18675]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 130711609-3609-01]
RIN 0648-BD38


Control Date for Qualifying Landings History and to Limit 
Speculative Entry into the Illex Squid Fishery; Atlantic 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.

-----------------------------------------------------------------------

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 
Illex squid 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 Illex squid 
fishery while the Mid-Atlantic Fishery Management Council considers if 
and how access to the Illex squid fishery should be controlled.

DATES: August 2, 2013, shall be known as the ``control date'' for the 
Illex squid 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 September 
3, 2013.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2013-0107 by any of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0107, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
    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 Illex Squid Qualification Control Date.''
    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 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 Atlantic Mackerel, Squid, and Butterfish 
(MSB) Fishery Management Plan (FMP) is managed by the Mid-Atlantic 
Fishery Management Council (Council). Illex squid (Illex illecebrosus) 
supports important commercial fisheries along the Atlantic coast of the 
United States, primarily from New Jersey to Massachusetts, generating 
ex-vessel revenues in the $7.5 to $12.5 million range annually in most 
years since 1989. Since April 2, 1996, the Council has

[[Page 46904]]

managed Illex squid 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. (Longfin 
squid is not a subject of this notice, though a longfin squid control 
date ANPR was recently published on May 16, 2013; 78 FR 28794.) 
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 
Illex squid, longfin squid, 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 Illex squid fishery, the Council is currently 
concerned with excess and/or latent capacity. Since 2003, approximately 
7 to 21 of the 76 Illex squid moratorium-permitted vessels have 
accounted for 95 percent of Illex squid landings. Activation of latent 
capacity, in conjunction with restrictions in other fisheries, may 
create a derby fishery during the period of Illex availability during 
the summer and early fall of each year. 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 June 2013 meeting, the Council requested that NMFS also 
publish this control date to discourage speculative activation of 
previously unused effort or capacity in the Illex squid 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 expended before the control date. The Council may 
choose to use different qualification criteria that do not incorporate 
the new control date. 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 Illex squid 
fishery.
    This notification establishes August 2, 2013, as the new control 
date for potential use in determining historical or traditional 
participation in the Illex squid 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 Illex squid fishery in Federal 
waters.

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

    Dated: July 30, 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. 2013-18675 Filed 8-1-13; 8:45 am]
BILLING CODE 3510-22-P