[Federal Register Volume 80, Number 96 (Tuesday, May 19, 2015)]
[Proposed Rules]
[Pages 28575-28578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12060]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 150401329-5437-01]
RIN 0648-BF00


Fisheries of the Northeastern United States; Atlantic Mackerel, 
Squid, and Butterfish Fisheries; Framework Adjustment 9

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

ACTION: Proposed rule, request for comments.

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SUMMARY: Framework Adjustment 9 proposes management measures to further 
enhance catch monitoring and address discarding catch before it has 
been sampled by observers (known as slippage), in the Atlantic mackerel 
fishery. Framework 9 would implement slippage consequence measures, and 
a requirement that slippage events be reported via the vessel 
monitoring system. For allowable slippage events, due to safety, 
mechanical failure, or excess catch of spiny dogfish, vessels

[[Page 28576]]

must move 15 nm from the location of the slippage event. For non-
allowable slippage events, due to reasons other than those listed 
previously, vessels must terminate their fishing trip. Slippage events 
have the potential to substantially affect analysis or extrapolations 
of incidental catch, including river herring and shad, these proposed 
measures are designed to address this issue.

DATES: Public comments must be received by June 18, 2015.

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, 800 North 
State Street, Suite 201, Dover, DE 19901, telephone (302) 674-2331. The 
EA/RIR/IRFA is also accessible via the Internet at http://www.greateratlantic.fisheries.noaa.gov.
    You may submit comments, identified by NOAA-NMFS-2015-0049, by any 
one 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-2015-0049, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to NMFS, Northeast Regional 
Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside 
of the envelope ``Comments on Framework 9.''
    Instructions: 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 by NMFS. 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.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Carly Bari, Fishery Policy Analyst, 
(978) 281-9224, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION:

Background

    NMFS implemented measures to improve catch monitoring of the 
mackerel, squid, and butterfish fisheries through Amendment 14 to the 
Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan (FMP) 
(79 FR 10029, February 24, 2014). The focus of Amendment 14 was to 
improve evaluation of the incidental catch of river herring (alewife 
and blueback herring) and shad (American shad and hickory shad), and to 
address incidental catch of river herring and shad. NMFS disapproved 
three measures that were initially included in Amendment 14 including: 
A dealer reporting requirement; a cap that, if achieved, would require 
vessels discarding catch before it had been sampled by observers (known 
as slippage) to return to port; and a recommendation of 100-percent 
observer coverage on midwater trawl vessels and 100-, 50-, and 25-
percent observer coverage on bottom trawl mackerel vessels, with the 
industry contributing $325 per day toward observer costs.
    Currently, slippage events are prohibited for vessels issued a 
limited access mackerel permit or a longfin squid/butterfish moratorium 
permit and carrying a NMFS-approved observer except in circumstances 
which allow slippage events including: Safety; mechanical failure; and 
excess catch of spiny dogfish. Additionally, following a slippage 
event, vessels are currently required to submit a Released Catch 
Affidavit within 48 hours of the end of the fishing trip. In response 
to the disapproval of the slippage measures in Amendment 14, the Mid-
Atlantic Fishery Management Council developed Framework Adjustment 9 to 
the Atlantic Mackerel, Squid, and Butterfish FMP to further enhance 
catch monitoring and to address slippage in the Atlantic mackerel 
fishery. Framework 9 would add slippage consequence measures and 
slippage reporting requirements to build upon the current measures and 
to address monitoring the catch of river herring and shad.
    Framework 9 would require Tier 1, 2, and 3 mackerel vessels on 
observed trips to move 15 nm following an excepted slippage event, 
which includes safety, mechanical failure, or excess catch of spiny 
dogfish. These vessels would also be required to terminate a fishing 
trip and immediately return to port following a non-excepted slippage 
event, which would be due to any reason other than those listed above. 
In addition to submitting a Released Catch Affidavit, vessels carrying 
an observer would also be required to report all slippage events 
through the vessel monitoring system daily catch report for mackerel 
and longfin squid.

Corrections

    This proposed rule also contains an additional regulation change 
that was mistakenly omitted in the 2015-2017 Atlantic mackerel, squid, 
and butterfish specifications final rule (80 FR 14870, March 20, 2015). 
This regulation change would prohibit all vessels with a valid mackerel 
permit from fishing for, possessing, transferring, receiving, or 
selling more than 20,000 lb (9.07 mt) of mackerel per trip or per day 
after 95 percent of the river herring and shad catch cap has been 
harvested. This change in the regulations was identified, described, 
and made available for public comment in the proposed rule for the 
2015-2017 Atlantic mackerel, squid, and butterfish specifications (79 
FR 68202, November 14, 2014).

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery 
Conservation and Management Act (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.
    An IRFA was prepared, 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.

Description of the Reasons Why Action by the Agency Is Being Considered

    This action proposes management measures for the slippage 
consequences to better monitor catch of river herring and shad in the 
Atlantic mackerel fishery. The preamble to this proposed rule includes 
a complete description of the reasons why the Council and NMFS are 
considering this action and these are not repeated here.

Statement of the Objectives of, and Legal Basis for, This Proposed Rule

    The purpose of this proposed action is to minimize slippage, which 
will improve observer data, and should in turn improve decision-making 
that uses observer data. Failure to implement the measures described in 
this proposed rule could result in biased observer data. The preamble 
to this proposed rule includes a complete description of the objectives 
of and legal basis for this action and these are not repeated here.

[[Page 28577]]

Description and Estimate of the Number of Small Entities to Which This 
Proposed Rule Would Apply

    The proposed alternative applies to mackerel limited access 
permits. Based on permit data for 2013, 150 separate vessels hold 
mackerel limited access permits, 114 entities own those vessels, and, 
based on current Small Business Administration (SBA) definitions, 107 
of these are small entities. Of the 107 small entities, 4 had no 
revenue in 2013 and those entities with no revenue are considered small 
entities for the purpose 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. Of the entities with 
revenues, their average revenues in 2013 were $1,201,419. 70 had 
primary revenues from finfish fishing and 33 had their primary revenues 
from shellfish fishing.

Description of the Projected Reporting, Record-Keeping, and Other 
Compliance Requirements of This Proposed Rule

    The proposed action contains collection-of-information requirements 
subject to review and approval by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act (PRA). This requirement has 
been submitted to OMB for approval under Control Number 0648-0679.
    Under the proposed action, all limited access mackerel vessels 
carrying an observer would be required to report all slippage events on 
the VMS mackerel and longfin squid daily catch report. This information 
collection is intended to improve monitoring the catch of river herring 
and shad in the Atlantic mackerel fishery. The burden estimates for 
these new requirements apply to all limited access mackerel vessels. In 
a given fishing year, NMFS estimates that these additionally reporting 
requirements will not cause any additional time or cost burden from 
that which was previously approved under OMB Control Number 0648-0679.
    Public comment is sought regarding: Whether this proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; the accuracy of the burden estimate; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology. Send comments on 
these or any other aspects of the collection of information to the 
Regional Administrator (see ADDRESSES), and email to 
[email protected], or fax to (202) 395-5806.
    Notwithstanding any other provisions of the law, no person is 
required to, nor shall any person be subject to a penalty for failure 
to comply with, a collection of information subject to the requirements 
of the PRA, unless that collection of information displays a currently 
valid OMB Control Number. All currently approved NOAA collections of 
information may be viewed at: http://www.cio.noaa.gov/services_programs/prasubs.html.

Federal Rules Which May Duplicate, Overlap, or Conflict With This 
Proposed Rule

    This action contains no other compliance costs. It does not 
duplicate, overlap, or conflict with any other Federal law.

Description of Significant Alternatives to the Proposed Action Which 
Accomplish the Stated Objectives of Applicable Statues and Which 
Minimize Any Significant Economic Impact on Small Entities

    The proposed alternative should not have more than minimal impact 
on the affected small entities compared to recent operation of the 
fishery (2011-2013, and 2014 landings to date appear similar to 2013). 
First, the primary impact should only be that vessels will not slip 
catches before observers have a chance to observe/sample them, which 
should have almost no economic impact on vessels. Slippage for reasons 
besides safety, mechanical issues, and spiny dogfish are already 
prohibited, and this proposed action would require vessels to move 15 
nm before fishing again if a slippage for those excepted reasons occurs 
(vessels could not fish within 15 nm of the slippage event for the 
remainder of the trip). Total small entity mackerel revenues over 2011-
2013 averaged $2.0 million, for an average of approximately $19,000 per 
affected small entity (107), compared to their average revenues of 
$1,201,419 in 2013 as described above. Given the small relative value 
of mackerel for most affected entities, the infrequency of slippage, 
and given the consequence of excepted slippages is only to move 15 nm, 
it seems likely that the economic impacts should be minimal for 
affected small entities. This is especially true since only a small 
portion of trips are observed, and the measures only apply to observed 
trips.
    If slippages have been masking higher river herring and shad 
landings, it is possible that prohibiting slippages could lead to the 
mackerel fishery closing earlier (because of the river herring and shad 
cap) than it otherwise would if more slippages were occurring. However, 
given the very low mackerel catches in recent years (less than 20 
percent of the quota), it is more likely that catch increases might be 
limited rather than actually having decreased catches, so small 
entities should not be more than minimally impacted compared to recent 
fishery operations. In addition, if vessels are prohibited from 
targeting mackerel due to the cap, they will likely partially mitigate 
any foregone revenue by fishing for other species (e.g. squid, 
butterfish, herring, etc.).

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: May 13, 2015.
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.  648.11, paragraph (n)(3)(ii) is revised and paragraph 
(n)(3)(iii) is added to read as follows:


Sec.  648.11  At-sea sea sampler/observer coverage.

* * * * *
    (n) * * *
    (3) * * *
    (ii) If fish are released prior to being brought on board the 
vessel due to any of the exceptions in paragraphs (n)(3)(i)(A)-(C) of 
this section, the vessel operator must move at least 15 nm from the 
location of release before fishing again, and must stay at least 15 nm 
from the slippage event location for the remainder of the fishing trip. 
The vessel operator must also complete and sign a Released Catch 
Affidavit detailing the vessel name and permit number; the VTR serial 
number; where, when, and for what reason the catch was released; the 
estimated weight of each species brought on board (if only part of the 
tow was released) or released on that tow. A completed affidavit must 
be submitted to NMFS within 48 hr of the end of the trip. The vessel 
operator must also report a slippage event on the VMS

[[Page 28578]]

mackerel and longfin squid daily catch report.
    (iii) If fish are released prior to being brought on board the 
vessel due to any reason other than the exceptions in paragraphs 
(n)(3)(i)(A)-(C) of this section, the vessel operator must immediately 
terminate the trip and return to port. No fishing activity may occur 
during the return to port. The vessel operator must also complete and 
sign a Released Catch Affidavit detailing the vessel name and permit 
number; the VTR serial number; where, when, and for what reason the 
catch was released; the estimated weight of each species brought on 
board (if only part of the tow was released) or released on that tow. A 
completed affidavit must be submitted to NMFS within 48 hr of the end 
of the trip. The vessel operator must also report the slippage event on 
the VMS mackerel and longfin squid daily catch report.
* * * * *
0
3. In Sec.  648.14, paragraph (g)(2)(ii)(G) is added, paragraphs 
(g)(2)(vi) and (vii) are revised and paragraphs (g)(2)(viii), (ix), and 
(x) are added to read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (g) * * *
    (2) * * *
    (ii) * * *
    (G) Fish for, possess, transfer, receive, or sell; or attempt to 
fish for, possess, transfer, receive, or sell; more than 20,000 lb 
(9.07 mt) of mackerel per trip; or land, or attempt to land more than 
20,000 lb (9.07 mt) of mackerel per day after 95 percent of the river 
herring and shad cap has been harvested, if the vessel holds a valid 
mackerel permit.
* * * * *
    (vi) Release fish from codend of the net, transfer fish to another 
vessel that is not carrying a NMFS-approved observer, or otherwise 
discard fish at sea before bringing the fish aboard and making it 
available to the observer for sampling, unless subject to one of the 
exceptions defined at Sec.  648.11(n)(3) if issued a Limited Access 
Atlantic mackerel permit, or a longfin squid/butterfish moratorium 
permit.
    (vii) Fail to move 15 nm, as specified at Sec.  648.11(n)(3)(ii).
    (viii) Fail to immediately return to port as specified at Sec.  
648.11(n)(3)(iii).
    (ix) Fail to complete, sign, and submit a Released Catch Affidavit 
if fish are released pursuant to the requirements at Sec.  
648.11(n)(3).
    (x) Fail to report a slippage event on the VMS mackerel and longfin 
squid daily catch report.
* * * * *
[FR Doc. 2015-12060 Filed 5-18-15; 8:45 am]
BILLING CODE 3510-22-P