[Federal Register Volume 79, Number 220 (Friday, November 14, 2014)]
[Proposed Rules]
[Pages 68202-68208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26980]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 140902739-4739-01]
RIN 0648-BE49


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

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 2015 specifications and management measures for 
Atlantic mackerel, 2015-2017 specifications for Illex squid, 2015-2017 
specifications for longfin squid, and 2015-2017 specifications for 
butterfish. This action also proposes simplifying the butterfish 
fishery closure mechanism. These proposed specifications and management 
measures are intended to promote the utilization and conservation of 
the Atlantic mackerel, squid, and butterfish resources.

DATES: Public comments must be received no later than 5 p.m., eastern 
standard time, on December 15, 2014.

ADDRESSES: Copies of supporting documents used by the Mid-Atlantic 
Fishery Management Council, including the Environmental Assessment (EA) 
and Regulatory Impact Review (RIR)/Initial Regulatory Flexibility 
Analysis (IRFA), are available from: Dr. Christopher M. Moore, 
Executive Director, Mid-Atlantic Fishery Management Council, Suite 201, 
800 N. State Street, Dover, DE 19901. The EA/RIR/IRFA is accessible via 
the Internet at http:// http://www.greateratlantic.fisheries.noaa.gov/.
    You may submit comments, identified by NOAA-NMFS-2014-0139, by any 
one of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal www.regulations.gov. To 
submit comments via the e-Rulemaking Portal, first click the ``submit a 
comment'' icon, then enter NOAA-NMFS-2014-0139 in

[[Page 68203]]

the keyword search. Locate the document you wish to comment on from the 
resulting list and click on the ``Submit a Comment'' icon on the right 
of that line.
     Mail to NMFS, Greater Atlantic Regional Fisheries Office, 
55 Great Republic Dr, Gloucester, MA 01930. Mark the outside of the 
envelope ``Comments on 2015 Mackerel, Squid and Butterfish 
Specifications.''
     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. Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered. 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). Attachments to electronic comments will be 
accepted in Microsoft Word or Excel, WordPerfect, or Adobe PDF file 
formats only.

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

SUPPLEMENTARY INFORMATION:

Background

    This rule proposes specifications, which are the combined suite of 
commercial and recreational catch levels established for one or more 
fishing years. The specifications process also allows for the 
modification of a select number of management measures, such as closure 
thresholds, gear restrictions, and possession limits. The Council's 
process for establishing specifications relies on provisions within the 
Atlantic Mackerel, Squid and Butterfish Fishery Management Plan (FMP) 
and its implementing regulations, as well as requirements established 
by the Magnuson-Stevens Fishery Conservation and Management Act. 
Specifically, section 302(g)(1)(B) of the Magnuson-Stevens Act states 
that the Scientific and Statistical Committee (SSC) for each Regional 
Fishery Management Council shall provide its Council ongoing scientific 
advice for fishery management decisions, including recommendations for 
acceptable biological catch (ABC), preventing overfishing, maximum 
sustainable yield, and achieving rebuilding targets. The ABC is a level 
of catch that accounts for the scientific uncertainty in the estimate 
of the stock's defined overfishing level (OFL). The Council's SSC met 
on May 7 and 8, 2014, to recommend ABCs for the 2015 Atlantic mackerel 
specifications, and the 2015-2017 butterfish, Illex squid, and longfin 
squid specifications.
    The FMP's implementing regulations require the Council's Mackerel, 
Squid, and Butterfish Monitoring Committee to consider and develop 
specification recommendations for each species. Since the Magnuson-
Stevens Act requirements for the SSC to recommend ABC became effective, 
the monitoring committees' role has largely been to recommend any 
reduction in catch limits from the SSC-recommended ABCs to account for 
management uncertainty, and to recommend other management measures 
(e.g., gear and/or possession restrictions) needed for the efficient 
management of the fishery. The Monitoring Committee met via webinar on 
May 13 and 27, 2014, to discuss recommendations for the 2015 mackerel 
fishery, and the 2015-2017 butterfish, Illex squid, and longfin squid 
fisheries.
    The Council considered the recommendations of the SSC, the 
Monitoring Committee, and public comments at its June 11, 2014, meeting 
in Freehold, NJ, and made its specification recommendations. The 
Council submitted the recommendations, along with the required 
analyses, for agency review on July 28, 2014, with final submission on 
October 20, 2014. NMFS must review the Council's recommendations for 
compliance with the FMP and applicable law, and conduct notice-and-
comment rulemaking to propose and implement the final specifications.
    The regulations for the FMP require the specification of annual 
catch limits (ACL) and accountability measure (AM) provisions for 
mackerel and butterfish. Both squid species are exempt from the ACL/AM 
requirements because they have a life cycle of less than 1 year. In 
addition, the regulations require the specification of domestic annual 
harvest (DAH), domestic annual processing (DAP), total allowable level 
of foreign fishing (TALFF), joint venture processing (JVP), commercial 
and recreational annual catch targets (ACT), and a river herring and 
shad catch cap for mackerel, the butterfish mortality cap in the 
longfin squid fishery, and initial optimum yield (IOY) for both squid 
species.
    In addition to the specifications, this action would also simplify 
the management measures for the direct butterfish fishery and changes 
the regulations in regard to possession limits.

Proposed 2015 Specifications for Atlantic Mackerel

 Table 1--Proposed 2015 Specifications in Metric Tons (mt) for Atlantic
                                Mackerel
------------------------------------------------------------------------
                   Overfishing limit (OFL)                      Unknown
------------------------------------------------------------------------
ABC..........................................................     40,165
ACL..........................................................     25,039
Commercial ACT...............................................     21,138
Recreational ACT/Recreational Harvest Limit (RHL)............      1,397
1,397........................................................
DAH/DAP......................................................     20,872
JVP..........................................................          0
TALFF........................................................          0
------------------------------------------------------------------------

    The most recent U.S. stock assessment for mackerel was conducted by 
the Transboundary Resources Assessment Committee (TRAC) in March 2010. 
The 2010 TRAC Status Report indicated reduced productivity in the stock 
and a lack of older fish in both the survey and catch data; however, 
the status of the mackerel stock is unknown because biomass reference 
points could not be determined. Due to uncertainty in the assessment, 
the TRAC Status Report recommended that total annual mackerel catches 
not exceed 80,000 mt (average total U.S. and Canadian landings from 
2006-2008) until new information is available.
    Since 2010, the SSC has recommended a stock-wide ABC of 80,000 mt 
based on the recommendation in the TRAC status report. NMFS previously 
implemented specifications that matched the recommendation in the TRAC 
Status Report for the 2013-2015 fishing years as part of the 2013 
specifications for the FMP (January 16, 2013; 78 FR 3346). However, 
given uncertainty in 2010 mackerel assessment, low U.S. landings in 
recent years, and results from a 2014 Canadian assessment that suggest 
the stock is doing poorly, the SSC concluded that the foundation that 
it used for developing its previous ABC was inappropriate because 2006-
2008 was a period of unusually high catches. In order to capture the 
highly periodic nature of mackerel catches, the SSC recommended a 
stock-wide ABC of 40,165 mt (median of 1978-2013 U.S. and Canadian 
catches) for the 2015 fishing year only. This period was chosen as a 
time when fisheries operations have been relatively

[[Page 68204]]

consistent and foreign fleets were not in operation.
    According to the FMP, the mackerel ABC must be calculated using the 
formula U.S. ABC = Stock-wide ABC - C, where C is the estimated catch 
of mackerel in Canadian waters for the upcoming fishing year. Canadian 
catch was estimated at 15,126 mt (2014 Canadian mackerel quota of 
10,000 mt, plus a discard rate of 1.26 percent, plus 5,000 mt estimated 
unreported catch). The Council deducted estimated Canadian catch from 
the stockwide ABC to a recommended U.S. ABC of 25,039 mt (40,165 mt 
minus 15,126 mt).
    The Council recommended a recreational allocation of 1,552 mt (6.2 
percent of the U.S. ABC). The proposed recreational ACT of 1,397 mt (90 
percent of 1,552 mt) accounts for uncertainty in recreational catch and 
discard estimates. The Recreational ACT is equal to the Recreational 
Harvest Limit (RHL), which would be the effective cap on recreational 
catch.
    For the commercial mackerel fishery, the Council recommended a 
commercial fishery allocation of 23,487 mt (93.8 percent of the U.S. 
ABC, the portion of the ACL that was not allocated to the recreational 
fishery). The recommended Commercial ACT of 21,138 mt (90 percent of 
23,487 mt) compensates for management uncertainty in estimated Canadian 
landings, uncertainty in discard estimates, and possible misreporting 
of mackerel catch. The Commercial ACT would be further reduced by a 
discard rate of 1.26 percent to arrive at the proposed DAH of 20,872 
mt. The DAH would be the effective cap on commercial catch.
    Consistent with the Council's recommendation, NMFS proposes 
mackerel specifications that would set the U.S. ACL at 25,039 mt, the 
Commercial ACT at 21,138 mt, the DAH and DAP at 20,872 mt, and the 
Recreational ACT at 1,397 mt.
    Additionally, as recommended by the Council, NMFS proposes to 
maintain JVP at zero (the most recent allocation was 5,000 mt of JVP in 
2004). In the past, the Council recommended a JVP greater than zero 
because it believed U.S. processors lacked the ability to process the 
total amount of mackerel that U.S. harvesters could land. However, for 
the past 10 years, the Council has recommended zero JVP because U.S. 
shoreside processing capacity for mackerel has expanded. The Council 
concluded that processing capacity was no longer a limiting factor 
relative to domestic production of mackerel.
    The Magnuson-Stevens Act provides that the specification of TALFF, 
if any, shall be the portion of the optimum yield (OY) of a fishery 
that will not be harvested by U.S. vessels. TALFF would allow foreign 
vessels to harvest U.S. fish and sell their product on the world 
market, in direct competition with U.S. industry efforts to expand 
exports. While a surplus existed between ABC and the mackerel fleet's 
harvesting capacity for many years, that surplus has disappeared due to 
downward adjustments of the specifications in recent years. Based on 
analysis of the global mackerel market and possible increases in U.S. 
production levels, the Council concluded that specifying a DAH/DAP that 
would result in zero TALFF would yield positive social and economic 
benefits to both U.S. harvesters and processors, and to the Nation. For 
these reasons, consistent with the Council's recommendation, NMFS 
proposes to specify DAH at a level that can be fully harvested by the 
domestic fleet, thereby precluding the specification of a TALFF, in 
order to support the U.S. mackerel industry. NMFS concurs that it is 
reasonable to assume that in 2015 the commercial fishery has the 
ability to harvest 20,872 mt of mackerel.

2015 Proposed River Herring and Shad Catch Cap in the Mackerel Fishery

    In order to limit river herring and shad catch, Amendment 14 to the 
FMP (February 24, 2014; 79 FR 10029) allows the Council to set a river 
herring and shad cap through annual specifications. For 2015 the 
Council recommended that the cap be set at 89 mt initially, but if 
mackerel landings surpass 10,000 mt before closure, then the cap would 
increase to 155 mt. The 89-mt cap represents the median annual river 
herring and shad catch by all vessels landing over 20,000 lb (9.08 mt) 
of mackerel per trip from 2005-2012. These were years when the fishery 
caught about 13,000 mt of mackerel. The 155-mt cap is based on the 
median river herring and shad catch by all vessels landing over 20,000 
lb (9.08 mt) of mackerel per trip from 2005-2012, adjusted to the 2015 
proposed DAH (20,872 mt). The Council recommends the two-tier system in 
order to encourage the fishery to avoid river herring and shad 
regardless of the rate of mackerel catches. If mackerel catch is low, 
the 89-mt cap would encourage fishermen to avoid catching river herring 
and shad. If mackerel catch increases, the 155-mt cap should still 
allow mackerel fishing to occur as long as river herring and shad catch 
rates remain below the recent median. Once the mackerel fishery catches 
95 percent of the river herring and shad cap, we will close the 
directed mackerel fishery and implement a 20,000-lb (9.08-mt) 
incidental catch trip limit for the remainder of the year.

2015-2017 Proposed Illex Specifications

 Table 2--Proposed 2015-2017 Specifications in Metric Ton (mt) for Illex
                                  Squid
------------------------------------------------------------------------
                             OFL                                Unknown
------------------------------------------------------------------------
ABC..........................................................     24,000
Initial Optimum Yield (IOY)..................................     22,915
DAH/DAP......................................................     22,915
------------------------------------------------------------------------

    The Illex stock was most recently assessed at the 42nd Northeast 
Regional Stock Assessment Workshop in late 2005. The assessment did not 
generate reliable estimates of stock biomass or fishing mortality. In 
the absence of an updated stock assessment, the SSC recommended the 
status quo ABC of 24,000 mt. Landings of 24,000-26,000 mt do not appear 
to have caused harm to the Illex stock, based on trawl survey indices 
and landings in years following when landings were in the range of 
24,000-26,000 mt.
    The Council recommended that the ABC be reduced by the status quo 
discard rate of 4.52 percent, which results in an IOY, DAH, and DAP for 
recommendation of 22,915 mt for the 2015-2017 fishing years. These 
levels are the same as was specified for the Illex fishery in 2012-
2014. The Council will review this decision during its annual 
specifications process and may make a change for 2016 or 2017 if new 
information is available.
    Consistent with the Council's recommendation, NMFS proposes to 
specify the Illex ABC as 24,000 mt, and to specify IOY, DAH, and DAP as 
22,915 mt for the 2015-2017 fishing years.

2015-2017 Proposed Longfin Squid Specifications

   Table 3--Proposed 2015-2017 Specifications in Metric Tons (mt) for
                              Longfin Squid
------------------------------------------------------------------------
                             OFL                                Unknown
------------------------------------------------------------------------
ABC..........................................................     23,400
IOY..........................................................     22,445
DAH/DAP......................................................     22,445
------------------------------------------------------------------------

    The 51st Northeast Regional Stock Assessment Workshop, published in 
January 2011, found that the longfin squid stock is not overfished, but 
that the overfishing status is unknown. The SSC used the stock 
assessment information to recommend an ABC of 23,400 mt for the 2012-
2014 fishing

[[Page 68205]]

years, subject to annual review. This recommendation corresponds to 
catch in the year with the highest observed exploitation fraction 
(catch divided by estimated biomass) during a period of light 
exploitation (1976-2009). The SSC interpreted this level of 
exploitation to be sustainable over the long term. In absence of newer 
information, the SSC recommended renewing current levels for another 
three years, subject to annual review, resulting in an ABC of 23,400 mt 
for the 2015-2017 fishing years.
    The Council recommended that the ABC be reduced by the status quo 
discard rate of 4.08 percent, which results in an IOY, DAH, and DAP for 
recommendation of 22,445 mt for the 2015-2017 fishing years.
    Consistent with the Council's recommendation, NMFS proposes an ABC 
of 23,400 mt, and an IOY, DAH, and DAP of 22,445 mt for the 2015-2017 
fishing years.

Distribution of the Longfin DAH

    The Council did not recommend any changes to the trimester 
allocation of the 2015-2017 longfin DAH. Therefore allocations would 
remain at 2012-2014 levels according to percentages specified in the 
FMP, as follows:

    Table 4--Proposed 2015-2017 Trimester Allocation of Longfin Quota
------------------------------------------------------------------------
                                                                 Metric
                     Trimester                       Percent      tons
------------------------------------------------------------------------
I (Jan-Apr).......................................         43      9,651
II (May-Aug)......................................         17      3,816
III (Sep-Dec).....................................         40      8,978
                                                   ---------------------
  Total...........................................        100     22,445
------------------------------------------------------------------------

2015-2017 Proposed Butterfish Specifications

                  Table 5--Proposed 2015-2017 Specifications in Metric Tons (mt) for Butterfish
----------------------------------------------------------------------------------------------------------------
                                                                       2015            2016            2017
----------------------------------------------------------------------------------------------------------------
OFL.............................................................          41,092             N/A             N/A
ABC.............................................................          33,278          31,412          30,922
Commercial ACT (ABC minus 10-percent buffer)....................          29,950          28,271          27,830
DAH (ACT minus butterfish cap and discards).....................          22,530          21,043          20,652
Directed Fishery closure limit (DAH minus 1,411 mt buffer)......          21,119          19,631          20,652
Butterfish Cap (in the longfin squid fishery)...................           3,884           3,884           3,884
----------------------------------------------------------------------------------------------------------------

    The status of the butterfish stock was updated in the 58th 
Northeast Regional Stock Assessment Workshop (March 2014), which 
concluded that the stock was above target stock size and experiencing 
low fishing mortality. The stock is now considered fully rebuilt. The 
SSC derived an OFL of 41,092 mt by applying estimated natural and 
fishing mortality to the size of the existing stock. The SSC 
recommended a 2015 ABC of 33,278 mt (increased dramatically from 9,100 
mt in 2014) to account for the increased stock size and estimated 
expected fishing mortality in 2014. The SSC recommended an ABC of 
31,412 mt in 2016, and 30,922 mt in 2017 to account for fishing 
mortality in 2015 and 2016, respectively, with a 60-percent probability 
of not overfishing as required by the Council risk policy.
    The Council recommended setting the butterfish ACL equal to the 
ABC, and establishing a 10-percent buffer between ACL and ACT for 
management uncertainty, which would result in an ACT of 29,950 mt in 
2015, 28,271 mt in 2016, and 27,830 mt in 2017. To prevent butterfish 
catch from exceeding the ACT, the Council subtracts butterfish catch in 
the longfin squid fishery, catch in other fisheries, and discards in 
the directed fishery. The Council recommended leaving the butterfish 
cap at the 2014 level of 3,884 mt for each year. This cap is not 
constraining on the longfin fishery and reserves most of the available 
butterfish quota for the directed butterfish fishery. The maximum 
amount of butterfish discards in non-longfin fisheries from 2011-2013 
was 637 mt. Therefore, 4,521 mt (3,884-mt butterfish cap plus 637 mt of 
discards) are subtracted from the ACT. Because there are no recent 
observed trips with substantial butterfish landings, the Council looked 
to observed trips that landed over 25,000 lb (9.33 mt) butterfish 
between 1989 and 2000, which had a butterfish discard rate of 11.4 
percent. The Council identified this discard rate as the best 
approximation for the fishery under current conditions. Therefore, the 
Council recommended setting the DAH at 22,530 mt in 2015, 21,042 mt in 
2016, and 20,652 in 2017. Butterfish TALFF is only specified to address 
bycatch by foreign fleets targeting mackerel TALFF. Because there is no 
mackerel TALFF, butterfish TALFF would also be set at zero.
    NMFS proposes specifications, consistent with the Council's 
recommendation, as outlined in Table 5. NMFS also proposes that the 
2015 butterfish mortality cap be allocated by Trimester as follows:

  Table 6--Proposed Trimester Allocation of Butterfish Mortality Cap on
                   the Longfin Squid Fishery for 2015
------------------------------------------------------------------------
                                                                 Metric
                     Trimester                       Percent      tons
------------------------------------------------------------------------
I (Jan-Apr).......................................         43      1,670
II (May-Aug)......................................         17        660
III (Sep-Dec).....................................         40      1,554
                                                   ---------------------
  Total...........................................        100      3,844
------------------------------------------------------------------------

Butterfish Directed Fishery Closure Mechanism

    Due to the dramatic increase in butterfish availability and 
proposed DAH, the Council recommended simplifying the three-phase 
butterfish management season enacted in 2013 (January 16, 2013; 78 FR 
3346). Instead of the phased system which implements different trip 
limits depending on catch levels, the Council recommended that vessels 
issued a longfin squid/butterfish moratorium permit (as specified at 
Sec.  648.4(a)(5)(i)) be allowed to land unlimited amounts of 
butterfish if using mesh greater than or equal to 3 inches (76 mm) 
until projected landings reach within 1,411 mt of a given year's DAH. 
Once landings are within 1,411 mt of the DAH, NMFS would implement a 
5,000-lb (2.27-mt) trip limit. Vessels issued a longfin squid/
butterfish moratorium permit fishing with mesh less than 3 inches (76 
mm) are currently prohibited from landing more than 2,500 lb (1.13 mt) 
of butterfish per trip, and no changes are proposed for those

[[Page 68206]]

vessels. The Council identified 1,411 mt as the amount that would allow 
some landings under a 5,000-lb (2.27-mt) trip limit without reaching 
the DAH. In the unlikely event that projected landings reach the annual 
DAH, then Council recommended that the trip limit be reduced to 600 lb 
(0.27 mt) to prevent an overage of the ACT.
    Consistent with Council recommendations, NMFS proposes to implement 
the simplified closure mechanism, and the proposed specifications 
detailed in Table 5.

Corrections

    This proposed rule also contains a minor adjustment to an existing 
regulation. The vessel monitoring system (VMS) power-down exemption for 
vessels that will be at the dock for more than 30 consecutive days, at 
Sec.  648.10(c)(2)(i)(B), currently lists specific eligible permits. 
The proposed regulatory text is simplified to clarify that the 
exemption is available to all permits that are required to have VMS.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with the Atlantic Mackerel, Squid, and Butterfish FMP, other 
provisions of the Magnuson-Stevens Act, and other applicable law, 
subject to further consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Council prepared an IRFA, as required by section 603 of the 
Regulatory Flexibility Act (RFA). The IRFA describes the economic 
impact this proposed rule, if adopted, would have on small entities. A 
summary of the analysis follows. A copy of this analysis is available 
from the Council or NMFS (see ADDRESSES) or via the Internet at http://www.nero.noaa.gov.

Statement of Objective and Need

    This action proposes 2015 specifications for mackerel, and 2015-
2017 specifications for butterfish, Illex squid, and longfin squid. It 
also proposes to modify the river herring catch cap in the mackerel 
fishery and to simplify the closure mechanism in the butterfish 
fishery. A complete description of the reasons why this action is being 
considered, and the objectives of and legal basis for this action, are 
contained in the preamble to this proposed rule and are not repeated 
here.

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

    Based on permit data for 2013, the numbers of potential fishing 
vessels in the 2015 fisheries are as follows: 384 separate vessels hold 
Atlantic mackerel, longfin squid, Illex squid, and butterfish limited 
access permits, 287 entities own those vessels, and, based on current 
Small Business Administration (SBA) definitions, 274 are small 
entities. Of the 274 small entities, 29 had no revenue in 2013 and 
those entities with no revenue are listed as small entities for the 
purposes of this analysis. All of the entities that had revenue fell 
into the finfish or shellfish categories, and the SBA definitions for 
those categories for 2014 are $20.5 million for finfish fishing and 
$5.5 million for shellfish fishing. Many vessels participate in more 
than one of these fisheries; therefore, permit numbers are not 
additive. The only proposed alternatives that involve increased 
restrictions apply to mackerel limited access permits, so those numbers 
are listed separately (they are a subset of the above entities). This 
analysis found that 150 separate vessels hold Atlantic mackerel, 
longfin squid, Illex squid, and butterfish limited access permits, 114 
entities own those vessels, and, based on current SBA definitions, 107 
are small entities.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    There are no new reporting or record keeping requirements contained 
in any of the alternatives considered for this action. In addition, 
there are no Federal rules that duplicate, overlap, or conflict with 
this proposed rule.

Minimizing Significant Economic Impacts on Small Entities

    The mackerel commercial DAH proposed in this action (20,872 mt) 
represents a reduction from status quo (2014 DAH = 33,821 mt). Despite 
the reduction, the proposed DAH is above recent U.S. landings; mackerel 
landings for 2010-2013 averaged 5,873 mt. Thus, the reduction does not 
pose a constraint to vessels relative to the landings in recent years. 
Even though the proposed 2015 quota is lower than 2014, it would still 
allow more than a tripling of catch compared to any year 2011-2013. 
This action proposes a Recreational ACT/RHL of 1,552 mt. Because 
recreational harvest from 2010-2013 averaged 850 mt, it does not appear 
that the allocation for the recreational fishery will constrain 
recreational harvest. Overall, the proposed action is not expected to 
result in any reductions in revenues for vessels that participate in 
either the commercial or recreational mackerel fisheries.
    The proposed river herring and shad catch cap in the mackerel 
fishery has the potential to limit the fishery from achieving its full 
mackerel quota if the river herring and shad encounter rates are high, 
but it's very unlikely that the fishery would close before exceeding 
the levels of landings experienced since 2010, when landings have been 
less than 11,000 mt. Based on the operation of the cap in 2014 (the 
first year of the cap), as long as the fishery can maintain relatively 
low river herring and shad catch rates, this alternative is unlikely to 
constrain the mackerel fishery. Examination of river herring and shad 
catch rates in 2011-2013 suggest that the only year that the proposed 
cap would have been binding would have been 2012. In 2012, relevant 
trips landed 5,074 mt of mackerel, but the fishery would have closed at 
approximately 4,439 mt if the proposed cap been in place. Given the 
river herring and shad encounter rate in 2012, about 608 mt of mackerel 
landings would have been forgone. Using the 2013 price of mackerel, 608 
mt mackerel would have amount to $265,105 of potentially forgone ex-
vessel revenues. However, based on the operation of the cap in 2014, 
actual river herring and shad catch rates may be lower under the cap 
and therefore the cap may not be binding. Therefore, we conclude that 
there is no impact to the relevant entities.
    The Illex IOY (22,915 mt) proposed in this action renews the status 
quo for three more years. Though annual Illex landings have approached 
this amount in some recent years (15,825 mt for 2010, 18,797 mt for 
2011, 11,709 mt for 2012, and 3,835 mt for 2013), the landings were 
lower than the level being proposed. Thus, implementation of this 
proposed action should not result in a reduction in revenue or a 
constraint on expansion of the fishery in 2015-17.
    The proposed longfin squid IOY (22,445 mt) renews the status quo 
levels for three more years. Because longfin squid landings from 2010-
2013 averaged 10,093 mt, the proposed IOY provides an opportunity to 
increase landings, though if recent trends of low landings continue, 
there may be no increase in landings despite the increase in the 
allocation. No reductions in revenues for the longfin squid fishery are 
expected as a result of this proposed action.
    The butterfish DAHs proposed in this action (21,119 mt in 2015, 
19,631 mt in 2016 and 19,241 mt in 2017) represents

[[Page 68207]]

a 660-percent increase over the 2014 DAH (3,200 mt). Due to market 
conditions, there has not been a directed butterfish fishery in recent 
years; therefore, recent landings have been low. The proposed increase 
in the DAH has the potential to increase revenue for permitted vessels, 
having a positive economic impact.
    This action also proposes simplifying the closure mechanism for the 
butterfish fishery. This would allow permitted vessels to take 
butterfish when they are available or when dealers may process them, 
and should have a positive economic impact on the fishery.
    The proposed 2015-17 butterfish discard cap of 3,884 mt would renew 
the status quo for three more years. The longfin squid fishery will 
close during Trimester I, II, or III if the butterfish discards reach 
the trimester allocation. If the longfin squid fishery is closed in 
response to butterfish catch before the entire longfin squid quota is 
harvested, then a loss in revenue is possible. The potential for 
longfin squid revenue loss is dependent upon the size of the butterfish 
discard cap. This cap level was in effect for the 2013 and 2014 fishing 
years, and did not restrict the fishery in either year. For that 
reason, additional revenue losses are not expected as a result of this 
proposed action.

Alternatives to the Proposed Rule

    The Council analysis evaluated two alternatives to the proposed 
specifications for mackerel. The proposed action would set the U.S. ABC 
at 40,165 mt, the Commercial ACT at 21,138 mt, the DAH and DAP at 
20,872 mt, and the Recreational ACT at 1,397 mt. The first alternative 
(status quo--least restrictive) would have resulted in a U.S. ABC of 
43,781 mt, a Commercial ACT of 34,907 mt, a DAH/DAP of 33,821 mt, and a 
Recreational ACT of 2,443 mt. The status quo alternative was based 
previous SSC recommendations, and was not selected because due to 
increasing concern that low catches may indicate a decline in the 
status of the mackerel stock. The other alternative (most restrictive) 
was based on average catch from 1992 to 2001, the most recent period of 
time when mackerel catches were stable. This alternative would set the 
U.S. ABC and ACL at 18,274 mt, the Commercial ACT at 15,427 mt, the DAH 
and DAP at 15,233 mt, and the Recreational ACT at 1,020 mt. This 
alternative was not selected because it was inconsistent with the ABC 
recommended by the SSC.
    The Council considered two alternatives to the proposed 89-mt river 
herring and shad catch cap in the mackerel fishery. The proposed 
alternative was the most restrictive option. The status quo alternative 
(least restrictive) would maintain the cap at 236 mt. The other 
alternative would set the cap at the median observed river herring and 
shad catch from each year 2005-2012 as applied to the 2015 proposed 
mackerel quota (155 mt). These alternatives were not selected because 
the Council believed they would be less protective of river herring and 
shad than the proposed alternative.
    The Council considered two alternatives to the preferred action for 
Illex. The proposed action would set the ABC at 24,000 mt, and the IOY, 
DAH, and DAP at 22,915 mt. The first alternative (least restrictive) 
would have set ABC at 30,000 mt, and IOY, DAH, and DAP at 28,644 mt. 
This alternative was not selected because the higher specifications 
were inconsistent with the results of the most recent stock assessment. 
The second alternative (most restrictive) would have set ABC at 18,000 
mt, and IOY, DAH, and DAP at 17,186 mt. The Council considered this 
alternative unnecessarily restrictive.
    The Council considered two alternatives to the preferred action for 
longfin squid. The preferred alternative would set the ABC at 23,400 
mt, and the IOY, DAH, and DAP at 22,445 mt. The first alternative 
(least restrictive) would have set the ABC at 29,250 mt, and the IOY, 
DAH, and DAP at 28,057 mt. The second alternative (most restrictive) 
would have set the ABC at 17,550 mt, and the IOY, DAH and DAP at 16,834 
mt. These alternatives were not selected because they were all 
inconsistent with the ABC recommended by the SSC.
    There were two alternatives to the preferred action for butterfish 
that were not selected by the Council. The preferred alternative (least 
restrictive) would set the ABC/ACL at 33,278 mt in 2015, the ACT at 
29,950 mt, the DAH at 22,530 mt, with slight decreases for the 2015 and 
2015 fishing years, and the butterfish cap at 3,884 mt from 2015 to 
2017. The first alternative (status quo--most restrictive) did not take 
into account the revised stock assessment, and would have set the ABC/
ACL at 9,100 mt, the ACT at 8,190 mt, the DAH at 3,200 mt, and the 
butterfish cap at 3,884 mt. The second alternative would have increased 
butterfish quotas from status quo levels to SSC recommended levels 
slowly over three years with an ABC/ACL of 16,332 mt and a DAH of 9,017 
mt in 2015, a ABC/ACL of 23,627 mt and DAH of 14,835 mt in 2016, and an 
ABC/ACL of 30,922 and DAH of 20,652 mt in 2017. These two alternatives 
were not selected because they were both inconsistent with the ABC 
recommended by the SSC. Both the preferred alternative and the second 
alternative would also simplify the closure mechanism for butterfish, 
compared to the no action/status quo alternative, which features a 
phased closure mechanism. The simplified closure mechanism is less 
restrictive than the phased closure mechanism, and was selected over 
because the increased quota does not require the intensive management 
necessary for the phased closure mechanism.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: November 7, 2014.
Samuel D. Rauch III,
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

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.  648.10, paragraph (c)(2)(i)(B) is revised to read as 
follows:


Sec.  648.10  VMS and DAS requirements for vessel owners/operators.

* * * * *
    (c) * * *
    (2) * * *
    (i) * * *
    (B) The vessel owner signs out of the VMS program for a minimum 
period of 30 consecutive days by obtaining a valid letter of exemption 
pursuant to paragraph (c)(2)(ii) of this section, the vessel does not 
engage in any fisheries or move from the dock/mooring until the VMS 
unit is turned back on, and the vessel complies with all conditions and 
requirements of said letter;
* * * * *
0
3. In Sec.  648.24, paragraph (c)(1) introductory text is revised to 
read as follows:


Sec.  648.24  Fishery closures and accountability measures.

* * * * *
    (c) Butterfish AMs--(1) Directed butterfish fishery closure. When 
butterfish catch reaches the butterfish closure threshold as determined 
in the annual specifications, NMFS shall implement a 5,000-lb (2.27-mt) 
possession limit for vessels issued a longfin squid/butterfish 
moratorium permit and that are fishing with a

[[Page 68208]]

minimum mesh size of 3 inches (76 mm). When the butterfish catch is 
projected to reach the butterfish DAH as determined in the annual 
specifications, NMFS shall implement a 600-lb (0.27-mt) possession 
limit for all vessels issued a longfin squid/butterfish moratorium or 
incidental catch permit.
* * * * *
0
3. In Sec.  648.26, paragraph (d) is revised to read as follows:


Sec.  648.26  Mackerel, squid, and butterfish possession restrictions.

* * * * *
    (d) Butterfish. (1) A vessel issued a longfin squid/butterfish 
moratorium permit (as specified at Sec.  648.4(a)(5)(i)) fishing with a 
minimum mesh size of 3 inches (76 mm) is authorized to fish for, 
possess, or land butterfish with no possession restriction in the EEZ 
per trip, and may only land butterfish once on any calendar day, which 
is defined as the 24-hr period beginning at 0001 hours and ending at 
2400 hours, provided that directed butterfish fishery has not been 
closed, and the reduced possession limit enacted pursuant to Sec.  
648.24(c)(1). When butterfish harvest is projected to reach the 
threshold for the butterfish fishery (as described in Sec.  
648.24(c)(1)), these vessels may not fish for, possess, or land more 
than 5,000 lb (2.27 mt) of butterfish per trip at any time, and may 
only land butterfish once on any calendar day. When butterfish harvest 
is projected to reach the DAH limit (as described in Sec.  
648.24(c)(1)), these vessels may not fish for, possess, or land more 
than 600 lb (0.27 mt) of butterfish per trip at any time, and may only 
land butterfish once on any calendar day.
    (2) A vessel issued longfin squid/butterfish moratorium permit 
fishing with mesh less than 3 inches (76 mm) may not fish for, possess, 
or land more than 2,500 lb (1.13 mt) of butterfish per trip at any 
time, and may only land butterfish once on any calendar day, provided 
that butterfish harvest has not reached the DAH limit and the reduced 
possession limit has not been implemented, as described in Sec.  
648.24(c)(1). When butterfish harvest is projected to reach the DAH 
limit (as described in Sec.  648.24(c)(1)), these vessels may not fish 
for, possess, or land more than 600 lb (0.27 mt) of butterfish per trip 
at any time, and may only land butterfish once on any calendar day.
    (3) A vessels issued a longfin squid/butterfish incidental catch 
permit, regardless of mesh size used, may not fish for, possess, or 
land more than 600 lb (0.27 mt) of butterfish per trip at any time, and 
may only land butterfish once on any calendar day, which is defined as 
the 24-hr period beginning at 0001 hours and ending at 2400 hours.

[FR Doc. 2014-26980 Filed 11-13-14; 8:45 am]
BILLING CODE 3510-22-P