[Federal Register Volume 81, Number 80 (Tuesday, April 26, 2016)]
[Rules and Regulations]
[Pages 24504-24510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09681]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 151110999-6315-02]
RIN 0648-BF53


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: Final rule.

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SUMMARY: NMFS is implementing 2016-2018 specifications for Atlantic 
mackerel and the river herring and shad catch cap for Atlantic 
mackerel. This action also adjusts the butterfish mesh requirement, 
clarifies the use of net strengtheners in the butterfish fishery, and 
suspends indefinitely the pre-trip notification system requirement in 
the longfin squid fishery. These specifications set catch levels to 
prevent overfishing and allocate catch to commercial and recreational 
fisheries. Additionally, the adjustments to gear and reporting 
requirements in the squid and butterfish fisheries will make operation 
of the fisheries more efficient and less burdensome. These 
specifications and management measures are consistent with the Atlantic 
Mackerel, Squid, and Butterfish Fishery Management Plan and the 
recommendations of the Mid-Atlantic Fishery Management Council.

DATES: Effective May 26, 2016, except for the amendment to Sec.  
648.11(n)(1), which is effective April 26, 2016.

ADDRESSES: Copies of the specifications document, 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 framework document is also accessible via 
the Internet at: http://www.greateratlantic.fisheries.noaa.gov.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
final rule may be submitted to NMFS, Greater Atlantic Regional 
Fisheries Office by email to [email protected], or fax to 
(202) 395-7285.

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

SUPPLEMENTARY INFORMATION:

Background

    Specifications, as referred to in this rule, 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 
(Magnuson-Stevens 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 13 and 14, 2015, to recommend an ABC 
for the 2016-2018 Atlantic mackerel specifications. On January 22, 
2016, NMFS published a proposed rule for the 2016-2018 Atlantic 
mackerel, squid, and butterfish fishery specifications and management 
measures (81 FR 3768); the public comment period for the proposed rule 
ended February 22, 2016. NMFS previously set specifications for 
butterfish, longfin squid, and Illex squid for 3 years in 2015 (2015-
2017) (80 FR 14870, March 20, 2015) and, therefore, new specifications 
for these species are not included in this final rule.
    The Atlantic Mackerel, Squid, and Butterfish FMP regulations 
require the specification of annual catch limits (ACL) and 
accountability measures (AM) for Atlantic mackerel and butterfish. 
(Both squid species are exempt from the ACL/AM requirements because 
they have life cycles of less than 1 year.) In addition, the 
regulations require the specification of domestic annual harvest (DAH), 
domestic annual processing (DAP), and total allowable level of foreign 
fishing (TALFF), along with joint venture processing (JVP) for

[[Page 24505]]

commercial and recreational annual catch totals (ACT) for mackerel, the 
butterfish mortality cap in the longfin squid fishery, and initial 
optimum yield (IOY) for both squid species. Details concerning the 
Council's development of the measures were presented in the preamble of 
the proposed rule and are not repeated here.
    In addition to the specifications, this action adjusts the 
butterfish mesh requirement, clarifies the use of net strengtheners in 
the butterfish fishery, and suspends indefinitely the pre-trip 
notification system (PTNS) requirements in the longfin squid fishery.

Final 2016-2018 Specifications for Atlantic Mackerel

   Table 1--2016-2018 Specifications in Metric Tons (mt) for Atlantic
                                Mackerel
------------------------------------------------------------------------
                  Overfishing limit  (OFL)                     Unknown
------------------------------------------------------------------------
ABC........................................................       19,898
ACL........................................................       11,009
Commercial ACT.............................................        9,294
Recreational ACT/Recreational Harvest Limit (RHL)..........          614
DAH/DAP....................................................        9,177
JVP........................................................            0
TALFF......................................................            0
------------------------------------------------------------------------

    The proposed rule for this action included the details of how the 
Council derived its recommended Atlantic mackerel specifications, and 
NMFS is not including these details in this final rule. This action 
establishes the Atlantic mackerel stock-wide ABC of 19,898 mt and the 
U.S. ABC of 11,009 mt, based on the formula U.S. ABC = Stock-wide ABC-
C, where C is the estimated catch of Atlantic mackerel in Canadian 
waters (8,889 mt) for the upcoming fishing year. The ACL is set equal 
to the U.S. ABC at 11,009 mt, the commercial ACT is set at 9,294 mt, 
the DAH and DAP are both set at 9,177 mt, and the recreational ACT is 
set at 614 mt.
    The recreational fishery allocation for Atlantic mackerel is 683 mt 
(6.2 percent of the U.S ABC). The recreational ACT of 614 mt (90 
percent of 683 mt) accounts for uncertainty in recreational catch and 
discard estimates. The recreational ACT is equal to the Recreational 
Harvest Limit (RHL), which is the effective cap on recreational catch.
    The commercial fishery allocation for Atlantic mackerel is 10,327 
mt (93.8 percent of the U.S. ABC, the portion of the ACL that was not 
allocated to the recreational fishery). The commercial ACT of 9,294 mt 
(90 percent of 10,327 mt) compensates for management uncertainty in 
estimated Canadian landings, uncertainty in discard estimates, and 
possible misreporting of Atlantic mackerel catch. The commercial ACT is 
further reduced by a discard rate of 1.26 percent to arrive at the DAH 
of 9,177 mt. The DAH is the effective cap on commercial catch.
    Additionally, this action maintains JVP at zero (the most recent 
allocation was 5,000 mt of JVP in 2004). In the past, JVP was set 
greater than zero because U.S. processors lacked the ability to process 
the total amount of Atlantic 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 Atlantic mackerel has 
expanded. The Council concluded that processing capacity was no longer 
a limiting factor relative to domestic production of Atlantic 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 Atlantic mackerel fleet's 
harvesting capacity for many years, that surplus has disappeared due to 
downward adjustment 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, the DAH is 
set 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 2016 through 2018 the commercial fishery has the ability 
to harvest 9,177 mt of Atlantic mackerel.

2016-2018 Final River Herring and Shad Catch Cap in the Atlantic 
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, we 
implemented a cap that was set at 89 mt initially, but if Atlantic 
mackerel landings surpassed 10,000 mt before closure of the directed 
fishery, 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 Atlantic mackerel per trip 
from 2005-2012. These were the years when the fishery caught about 
13,000 mt of Atlantic mackerel. The 155-mt cap was based on the median 
river herring and shad catch by all vessels landing over 20,000 lb 
(9.08 mt) of Atlantic mackerel per trip from 2005-2012, adjusted to the 
2015 DAH (20,872 mt). This two-tier system was implemented to encourage 
the fishery to avoid river herring and shad regardless of the rate of 
Atlantic mackerel catches.
    For 2016-2018, the cap is set at 82 mt. For 2016-2018, the Atlantic 
mackerel DAH is 9,177 mt, which is 8.23 percent less than the river 
herring and shad catch cap increase trigger set in 2015 (10,000 mt). 
The river herring and shad cap was reduced by the same proportion as 
the catch cap increase trigger, resulting in a cap of 82 mt (8.23 
percent less than 89 mt). Once the Atlantic mackerel fishery catches 95 
percent of the river herring and shad cap, we will close the directed 
Atlantic mackerel fishery and implement a 20,000-lb (9.08-mt) Atlantic 
mackerel incidental catch trip limit for the remainder of the year.

Butterfish Mesh Requirement Adjustment and Clarification

    This action will increase the possession limit for vessels fishing 
with mesh smaller than 3 inches (7.62 cm) from 2,500 lb (1.13 mt) to 
5,000 lb (2.27 mt). The 3-inch (7.62-cm) mesh requirement is designed 
to allow escapement of juvenile butterfish during directed butterfish 
fishing. Vessels holding a longfin squid and butterfish moratorium 
permit and fishing with nets that have a mesh size smaller than 3 
inches (7.62 cm) will now be allowed to retain up to 5,000 lb (2.27 mt) 
of butterfish.
    This action also amends the regulations to clearly state that 5-
inch (12.7-cm) square or diamond, or greater, mesh net strengtheners 
may be used outside the 3-inch (7.62-cm) mesh to avoid breaking nets 
during large hauls.

Suspension of the Longfin Squid Pre-Trip Notification System 
Requirement

    This action will indefinitely suspend the longfin squid PTNS 
requirement for vessels with longfin squid and butterfish moratorium 
permits that want to retain more than 2,500 lb (1.13 mt) of longfin 
squid. This requirement was implemented via Amendment 10 to the FMP (75 
FR 11441; March 11, 2010) to

[[Page 24506]]

improve the selection process of vessels being observed for purposes of 
monitoring the longfin squid fishery's butterfish cap. However, the new 
Standardized Bycatch Reporting Methodology (SBRM) requires observers to 
adhere to a detailed and rigorous selection procedure that takes into 
account a variety of criteria (for example region fished and gear used) 
to select vessels for observer coverage, and that conflicts with the 
use of the PTNS for assigning observers. This action will resolve the 
resulting logistical problems by relying on observer coverage through 
the new SBRM, and eliminating the PTNS requirement.

Comments and Responses

    NMFS received five comments in response to the proposed rule for 
this action. Two were from industry groups, the Garden State Seafood 
Association (GSSA), a New Jersey fishing industry advocacy group, and 
Seafreeze, a Rhode Island fishing company and seafood dealer. One 
comment was from the Herring Alliance, an environmental group. Two 
comments were from individuals.
    Comment 1: GSSA, Seafreeze, and two individuals commented in 
support of removing the longfin squid PTNS requirement. GSSA, 
Seafreeze, and one individual commented in support of the increased 
butterfish incidental possession limit to 5,000 lb (2.27 mt) using less 
than 3-inch (7.62-cm) mesh. GSSA and Seafreeze also commented in 
support of allowing 5-inch (12.7-cm) mesh net strengtheners to avoid 
breaking nets during large hauls.
    Response: NMFS will be implementing these management measures as 
proposed.
    Comment 2: GSSA commented in opposition to the river herring and 
shad catch cap of 82 mt while the Herring Alliance commented in support 
of the catch cap.
    Response: There was no rationale provided for the opposition to the 
proposed river herring and shad catch cap of 82 mt. NMFS used the best 
scientific information available and is approving the river herring and 
shad catch cap that is consistent with the FMP and recommendations of 
the Council.
    Comment 3: The Herring Alliance commented in support of the 
Atlantic mackerel DAH of 9,177 mt.
    Response: NMFS used the best scientific information available and 
is approving the specifications that are consistent with the FMP and 
recommendations of the Council.
    Comment 4: One individual suggested that the daily vessel 
monitoring system (VMS) reporting requirement for longfin squid vessels 
be removed or reduced. The Herring Alliance suggested that an amendment 
be initiated to develop a long-term control rule for Atlantic mackerel 
that will be consistent with the Council's policies for forage fish. 
The Herring Alliance also suggested that all four river herring and 
shad species be added to the Atlantic Mackerel, Squid, and Butterfish 
FMP as stocks in the fishery in October 2016.
    Response: These issues are outside the scope of this action, but 
may be addressed by the Council in the future.

Changes From the Proposed Rule

    This final rule contains a change that will clarify that only 
vessels intending to land more than 2,500 lb (1.13 mt) of longfin squid 
are required to declare into the fishery via VMS at 50 CFRSec.  648.10. 
The fishery is already operating this way; this rule is simply 
clarifying the existing regulatory text.
    This final rule also contains changes to the wording and format of 
the regulatory text of the proposed rule for the measures included in 
this action to reorganize paragraphs (3) through (6) in 50 CFR 648.23, 
and to make conforming and clarifying edits and format changes to 50 
CFR 648.23. These changes are intended to clarify the purpose of these 
measures and promote compliance, and do not change the effect of the 
regulatory text as included in the proposed rule.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator (AA) has determined that this final rule 
is consistent with the Atlantic Mackerel, Squid, and Butterfish FMP, 
other provisions of the Magnuson-Stevens Act, and other applicable law.
    The Council prepared an EA for the 2016-2018 specifications and 
management measures, and the AA concluded that there will be no 
significant impact on the human environment as a result of this rule. A 
copy of the EA is available upon request (see ADDRESSES).
    This final rule is authorized by 50 CFR part 648 and has been 
determined to be not significant for purposes of Executive Order 12866.
    The AA finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-
day delay of effectiveness period for part of this rule (revising 50 
CFR 648.11(n)(1) on pre-trip notification for observer coverage), to 
alleviate unnecessary burden to the public. This aspect of the final 
rule indefinitely suspends the requirement that longfin squid and 
butterfish moratorium permit-holders must use the PTNS before making 
trips that can land more than 2,500 lb of longfin squid. New observer 
selection protocols through the SBRM have made the PTNS unnecessary and 
potentially counterproductive. If a 30-day delay in effectiveness is 
not waived in order to make the suspension of the PTNS requirement 
effective as soon as possible, the public will be further burdened by 
this unnecessary requirement. For these reasons, the AA is waiving the 
30-day delay in effectiveness under 5 U.S.C. 553(d)(3).
    This rule is being issued at the earliest possible date. 
Preparation of the proposed rule was dependent on the submission of the 
EA/IRFA in support of the specifications and management measures 
developed by the Council. NMFS received a complete document in December 
2015. Documentation in support of the Council's recommended 
specifications and management measures are required for NMFS to provide 
the public with information from the environmental and economic 
analyses as required by the National Environmental Protection Act and 
the Regulatory Flexibility Act. The proposed rule was published on 
January 22, 2016, with a comment period ending on February 22, 2016.
    This action contains collection-of-information requirements subject 
to the paperwork Reduction Act (PRA) and which has been approved by OMB 
under control number 0648-0679. This action indefinitely suspends the 
PTNS requirement for limited access longfin squid vessels. The removal 
of this information collection is intended to resolve logistical 
problems and conflicts with the SBRM observer selection protocols. The 
burden estimates for these new requirements apply to all limited access 
longfin squid vessels. Time and cost burdens that were previously 
approved through Amendment 10 and OMB Control Number 0648-0679, include 
an estimated total time burden of 256 hours, no additional cost to the 
public, and total cost to the government of $25,943. In a given fishing 
year, NMFS estimates that the removed reporting requirement included in 
this action will reduced time burden by 256 hours, negligibly reduce 
cost to the public, and reduce cost to the government by $25,943. Send 
comments regarding these burden estimates or any other aspect of this 
data collection, including suggestions for reducing the burden, to NMFS 
(see ADDRESSES) and by email to [email protected], or fax to 
(202) 395-7285.

[[Page 24507]]

    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.
    Pursuant to section 604 of the Regulatory Flexibility Act, NMFS has 
prepared a Final Regulatory Flexibility Analysis (FRFA), summarized in 
the preamble of this final rule, in support of the management measures 
in this action. The FRFA describes the economic impact that this final 
rule will have on small entities, as well as the economic impacts that 
other, non-preferred alternatives could have on small entities.
    The FRFA incorporates the economic impacts and analysis summaries 
from the Initial Regulatory Flexibility Analysis (IRFA), a summary of 
the significant issues raised by the public in response to the IRFA, 
and NMFS's responses to those comments. A copy of the RFA, RIR, and the 
EA are available upon request (see ADDRESSES).

A Summary of the Significant Issues Raised by the Public Comments in 
Response to the IRFA, a Summary of the Assessment of the Agency of Such 
Issues, and a Statement of Any Changes Made in the Final Rule as a 
Result of Such Comments

    None of the public comments raised issues related to the IRFA or 
the economic impact of the rule on affected entities.

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

    Based on permit data for 2014, 370 separate vessels hold Atlantic 
mackerel, squid, and butterfish limited access permits, 271 entities 
own those vessels, and, based on current Small Business Administration 
(SBA) definitions, 259 of these are small entities. Of the 259 small 
entities, 25 had no revenue in 2014 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 that applied 
in 2014 state that small entities engaged in finfish fishing have 
combined annual receipts not exceeding $20.5 million, and small 
entities engaged in shellfish fishing have combined annual receipts not 
exceeding $5.5 million.
    The only action in this rule that involved increased restrictions 
applies to Atlantic mackerel limited access permits so those numbers 
are listed separately (they are a subset of the above entities). Based 
on permit data for 2014, 139 separate vessels hold Atlantic mackerel 
limited access permits, 105 entities own those vessels, and based on 
current SBA definitions, 97 were small entities. Of the 97 small 
entities, 3 had no revenue in 2014, and those entities with no revenue 
were considered small entities for the purpose of this analysis. Of the 
entities with revenues, their average revenues in 2014 were $1,212,230. 
Sixty entities had primary revenues from finfish fishing and 34 had 
their primary revenues from shellfish fishing.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    This final rule contains collection-of-information requirements 
subject to the PRA that have been approved by the OMB under Control 
Number 0648-0679.
    Under this action, all limited access longfin squid vessels 
intending to land more than 2,500 lb (1.13 mt) of longfin squid will no 
longer be required to call PTNS to request an observer. This would 
remove the information collection requirement, reduce logistical issues 
for the Northeast Fishery Observer Program, and reduce burden for 
industry participants. The reduction in burden estimates for these new 
requirements apply to all limited access longfin squid vessels. In a 
given fishing year, NMFS estimates that removal of this reporting 
requirement will reduce time burden by 256 hours, negligibly reduce 
cost to the public, and reduce cost to the government by $25,943 from 
that which was previously approved under OMB Control Number 0648-0679.

Description of the Steps the Agency Has Taken To Minimize the 
Significant Economic Impacts on Small Entities Consistent With the 
Stated Objectives of Applicable Statutes

    The Atlantic mackerel commercial DAH (9,177 mt) represents a 
reduction from status quo (2015 DAH = 20,872 mt). Despite the 
reduction, the proposed DAH is above recent U.S. landings; mackerel 
landings for 2012-2014 averaged 5,136 mt. Thus, the reduction should 
not have more than a minimal impact on the affected small entities 
compared to recent operation of the fishery (2012-2015). Even though 
the 2016-2018 quota is lower than 2015, it will still allow more catch 
compared to the catch in any year from 2012-2015.
    The river herring and shad catch cap in the Atlantic mackerel 
fishery has the potential to prevent the fishery from achieving its 
full mackerel quota if the river herring and shad encounter rates are 
high, but it is very unlikely that this fishery would close before 
exceeding the levels of landings experienced since 2010, when annual 
landings have been less than 11,000 mt. Based on the operation of the 
cap in 2014 and 2015 (the first years of the cap), as long as the 
fishery can maintain relatively low river herring and shad catch rates, 
the lower cap should not negatively impact fishery participants. 
However, a few large river herring and shad bycatch events could 
potentially shut down the Atlantic mackerel fishery early. At 2014 
prices ($491/mt), the Atlantic mackerel quota (9,177 mt) could 
potentially generate about $4.5 million. While the performance of the 
cap in 2014-2015 suggests that the fishery can operate with very low 
river herring and shad catch rates, if river herring and shad catch 
rates happen to be relatively high, then most of the Atlantic mackerel 
catch (and associated revenues) could be forgone.
    The butterfish mesh requirement adjustment would allow more 
butterfish to be retained with small mesh gear; therefore, there should 
be no negative impacts on the relevant entities.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: April 21, 2016.
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 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 (o) is revised to read as follows:


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

* * * * *
    (o) Longfin squid/butterfish VMS notification requirement. A vessel 
issued a longfin squid/butterfish moratorium permit intending to 
declare into the longfin squid fishery must notify NMFS by declaring a 
longfin

[[Page 24508]]

squid trip prior to leaving port at the start of each trip in order to 
harvest, possess, or land more than 2,500 lb (1.13 mt) of longfin squid 
on that trip.

0
3. In Sec.  648.11, paragraph (n)(1) is revised to read as follows:


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

* * * * *
    (n) Atlantic mackerel, squid, and butterfish observer coverage--(1) 
Pre-trip notification. (i) A vessel issued a limited access Atlantic 
mackerel permit, as specified at Sec.  648.4(a)(5)(iii), must, for the 
purposes of observer deployment, have a representative provide notice 
to NMFS of the vessel name, vessel permit number, contact name for 
coordination of observer deployment, telephone number or email address 
for contact; and the date, time, port of departure, gear type, and 
approximate trip duration, at least 48 hr, but no more than 10 days, 
prior to beginning any fishing trip, unless it complies with the 
possession restrictions in paragraph (n)(1)(iii) of this section.
    (ii) A vessel that has a representative provide notification to 
NMFS as described in paragraph (n)(1)(i) of this section may only 
embark on a mackerel trip without an observer if a vessel 
representative has been notified by NMFS that the vessel has received a 
waiver of the observer requirement for that trip. NMFS shall notify a 
vessel representative whether the vessel must carry an observer, or if 
a waiver has been granted, for the specific mackerel trip, within 24 hr 
of the vessel representative's notification of the prospective mackerel 
trip, as specified in paragraph (n)(1)(i) of this section. Any request 
to carry an observer may be waived by NMFS. A vessel that fishes with 
an observer waiver confirmation number that does not match the mackerel 
trip plan that was called in to NMFS is prohibited from fishing for, 
possessing, harvesting, or landing mackerel except as specified in 
paragraph (n)(1)(iii) of this section. Confirmation numbers for trip 
notification calls are only valid for 48 hr from the intended sail 
date.
    (iii) Trip limits: A vessel issued a limited access mackerel 
permit, as specified in Sec.  648.4(a)(5)(iii), that does not have a 
representative provide the trip notification required in paragraph 
(n)(1)(i) of this section is prohibited from fishing for, possessing, 
harvesting, or landing more than 20,000 lb (9.07 mt) of mackerel per 
trip at any time, and may only land mackerel once on any calendar day, 
which is defined as the 24-hr period beginning at 0001 hours and ending 
at 2400 hours.
    (iv) If a vessel issued a limited access Atlantic mackerel permit, 
as specified in Sec.  648.4(a)(5)(iii), intends to possess, harvest, or 
land more than 20,000 lb (9.07 mt) of mackerel per trip or per calendar 
day, and has a representative notify NMFS of an upcoming trip, is 
selected by NMFS to carry an observer, and then cancels that trip, the 
representative is required to provide notice to NMFS of the vessel 
name, vessel permit number, contact name for coordination of observer 
deployment, and telephone number or email address for contact, and the 
intended date, time, and port of departure for the cancelled trip prior 
to the planned departure time. In addition, if a trip selected for 
observer coverage is cancelled, then that vessel is required to carry 
an observer, provided an observer is available, on its next trip.
* * * * *

0
4. In Sec.  648.14, paragraphs (g)(2)(ii)(E), (g)(2)(iii)(A) and (C), 
and (g)(2)(iv) are revised to read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (g) * * *
    (2) * * *
    (ii) * * *
    (E) Possess more than 5,000 lb (2.27 mt) of butterfish, unless the 
vessel meets the minimum mesh requirements specified in Sec.  
648.23(a).
* * * * *
    (iii) * * *
    (A) Fish with or possess nets or netting that do not meet the gear 
requirements for Atlantic mackerel, longfin squid, Illex, or butterfish 
specified in Sec.  648.23(a); or that are modified, obstructed, or 
constricted, if subject to the minimum mesh requirements, unless the 
nets or netting are stowed and not available for immediate use as 
defined in Sec.  648.2 or the vessel is fishing under an exemption 
specified in Sec.  648.23(a)(5).
* * * * *
    (C) Enter or fish in the mackerel, squid, and butterfish bottom 
trawling restricted areas, as described in Sec.  648.23(a)(6).
* * * * *
    (iv) Observer requirements for longfin squid fishery. Fail to 
comply with any of the provisions specified in Sec.  648.11.
* * * * *

0
5. In Sec.  648.23, paragraph (a) is revised to read as follows:


Sec.  648.23  Mackerel, squid, and butterfish gear restrictions.

    (a) Mesh restrictions and exemptions. Vessels subject to the mesh 
restrictions in this paragraph (a) must render any net, or any piece of 
net, with a mesh size smaller than that specified in paragraphs (a)(1), 
(2), and (3) of this section not available for immediate use as defined 
in Sec.  648.2.
    (1) Butterfish fishery. Owners or operators of otter trawl vessels 
possessing more than 5,000 lb (2.27 mt) of butterfish harvested in or 
from the EEZ may only fish with nets having a minimum codend mesh of 3 
inches (7.62 cm) diamond or square mesh, as measured by methods 
specified in Sec.  648.80(f), applied throughout the codend for at 
least 100 continuous meshes forward of the terminus of the net, or for 
codends with less than 100 meshes, the minimum mesh size codend shall 
be a minimum of one-third of the net, measured from the terminus of the 
codend to the headrope.
    (2) Longfin squid fishery. (i) Owners or operators of otter trawl 
vessels possessing longfin squid harvested in or from the EEZ may only 
fish with nets having a minimum mesh size of 2\1/8\ inches (54 mm) 
during Trimesters I (Jan-Apr) and III (Sept-Dec), or 1\7/8\ inches (48 
mm) during Trimester II (May-Aug), diamond or square mesh, as measured 
by methods specified in Sec.  648.80(f), applied throughout the codend 
for at least 150 continuous meshes forward of the terminus of the net, 
or, for codends with less than 150 meshes, the minimum mesh size codend 
shall be a minimum of one-third of the net measured from the terminus 
of the codend to the headrope.
    (ii) Jigging exemption. During closures of the longfin squid 
fishery resulting from the butterfish mortality cap, described in Sec.  
648.24(c)(3), vessels fishing for longfin squid using jigging gear are 
exempt from the closure possession limit specified in Sec.  648.26(b), 
provided that all otter trawl gear is stowed and not available for 
immediate use as defined in Sec.  648.2.
    (3) Net obstruction or constriction. Owners or operators of otter 
trawl vessels fishing for and/or possessing butterfish or longfin squid 
shall not use any device, gear, or material, including, but not limited 
to, nets, net strengtheners, ropes, lines, or chafing gear, on the top 
of the regulated portion of a trawl net except any of the following 
materials may be used as specified:
    (i) Splitting straps, and/or bull ropes or wire around the entire 
circumference of the codend provided these materials

[[Page 24509]]

do not obstruct or constrict the top or the trawl net while it is being 
towed;
    (ii) Net strengtheners (covers) that do not have a mesh opening of 
less than 5 inches (12.7 cm) diamond or square mesh, as measured by 
methods specified in Sec.  648.80(f); and
    (iii) A liner may be used to close the opening created by the rings 
in the aftermost portion of the net, provided the liner extends no more 
than 10 meshes forward of the aftermost portion of the net, the inside 
webbing of the codend shall be the same circumference or less than any 
strengthener and the liner is no more than 2 ft (61 cm) longer than any 
net strengthener.
    (4) Top of the regulated portion of the net means the 50 percent of 
the entire regulated portion of the net that would not be in contact 
with the ocean bottom if, during a tow, the regulated portion of the 
net were laid flat on the ocean floor.
    (5) Illex fishery. Seaward of the following coordinates, connected 
in the order listed by straight lines except otherwise noted, otter 
trawl vessels possessing longfin squid harvested in or from the EEZ and 
fishing for Illex during the months of June, July, August in Trimester 
II, and September in Trimester III are exempt from the longfin squid 
gear requirements specified in paragraph (a)(2) of this section, 
provided that landward of the specified coordinates they do not have 
available for immediate use, as defined in Sec.  648.2, any net, or any 
piece of net, with a mesh size less than 1\7/8\ inches (48 mm) diamond 
mesh in Trimester II, and 2\1/8\ inches (54 mm) diamond mesh in 
Trimester III, or any piece of net, with mesh that is rigged in a 
manner that is prohibited by paragraphs (a)(2) and (a)(3)(ii) of this 
section.

------------------------------------------------------------------------
                  Point                       N. lat.        W. long.
------------------------------------------------------------------------
M0......................................    43[deg]58.0'           [\1\]
M1......................................    43[deg]58.0'    67[deg]22.0'
M2......................................    43[deg]50.0'    68[deg]35.0'
M3......................................    43[deg]30.0'    69[deg]40.0'
M4......................................    43[deg]20.0'    70[deg]00.0'
M5......................................    42[deg]45.0'    70[deg]10.0'
M6......................................    42[deg]13.0'    69[deg]55.0'
M7......................................    41[deg]00.0'    69[deg]00.0'
M8......................................    41[deg]45.0'    68[deg]15.0'
M9......................................    42[deg]10.0'           [\2\]
                                                            67[deg]10.0'
M10.....................................    41[deg]18.6'           [\2\]
                                                            66[deg]24.8'
M11.....................................    40[deg]55.5'    66[deg]38.0'
M12.....................................    40[deg]45.5'    68[deg]00.0'
M13.....................................    40[deg]37.0'    68[deg]00.0'
M14.....................................    40[deg]30.0'    69[deg]00.0'
M15.....................................    40[deg]22.7'    69[deg]00.0'
M16.....................................    40[deg]18.7'    69[deg]40.0'
M17.....................................    40[deg]21.0'    71[deg]03.0'
M18.....................................    39[deg]41.0'    72[deg]32.0'
M19.....................................    38[deg]47.0'    73[deg]11.0'
M20.....................................    38[deg]04.0'    74[deg]06.0'
M21.....................................    37[deg]08.0'    74[deg]46.0'
M22.....................................    36[deg]00.0'    74[deg]52.0'
M23.....................................    35[deg]45.0'    74[deg]53.0'
M24.....................................    35[deg]28.0'    74[deg]52.0'
M25.....................................    35[deg]28.0'           [\3\]
------------------------------------------------------------------------
[\1\] The intersection of 43[deg]58.0' N. latitude and the US-Canada
  Maritime Boundary.
[\2\] Points M9 and M10 are intended to fall along and are connected by
  the US-Canada Maritime Boundary.
[\3\] The intersection of 35[deg]28.0' N. latitude and the outward limit
  of the U.S. EEZ.

    (6) Mackerel, squid, and butterfish bottom trawling restricted 
areas--(i) Oceanographer Canyon. No permitted mackerel, squid, or 
butterfish vessel may fish with bottom trawl gear in the Oceanographer 
Canyon or be in the Oceanographer Canyon unless transiting. Vessels may 
transit this area provided the bottom trawl gear is stowed and not 
available for immediate use as defined in Sec.  648.2. Oceanographer 
Canyon is defined by straight lines connecting the following points in 
the order stated (copies of a chart depicting this area are available 
from the Regional Administrator upon request):

                          Oceanographer Canyon
------------------------------------------------------------------------
                  Point                       N. lat.        W. long.
------------------------------------------------------------------------
OC1.....................................    40[deg]10.0'    68[deg]12.0'
OC2.....................................    40[deg]24.0'    68[deg]09.0'
OC3.....................................    40[deg]24.0'    68[deg]08.0'
OC4.....................................    40[deg]10.0'    67[deg]59.0'
OC1.....................................    40[deg]10.0'    68[deg]12.0'
------------------------------------------------------------------------

    (ii) Lydonia Canyon. No permitted mackerel, squid, or butterfish 
vessel may fish with bottom trawl gear in the Lydonia Canyon or be in 
the Lydonia Canyon unless transiting. Vessels may transit this area 
provided the bottom trawl gear is stowed and not available for 
immediate use as defined in Sec.  648.2. Lydonia Canyon is defined by 
straight lines connecting the following points in the order stated 
(copies of a chart depicting this area are available from the Regional 
Administrator upon request):

                             Lydonia Canyon
------------------------------------------------------------------------
                  Point                       N. lat.        W. long.
------------------------------------------------------------------------
LC1.....................................    40[deg]16.0'    67[deg]34.0'
LC2.....................................    40[deg]16.0'    67[deg]42.0'
LC3.....................................    40[deg]20.0'    67[deg]43.0'
LC4.....................................    40[deg]27.0'    67[deg]40.0'
LC5.....................................    40[deg]27.0'    67[deg]38.0'
LC1.....................................    40[deg]16.0'    67[deg]34.0'
------------------------------------------------------------------------

* * * * *

0
6. In Sec.  648.26, paragraphs (b)(2) and (d)(2) are revised to read as 
follows:


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

* * * * *
    (b) * * *
    (2) During a closure of the directed fishery for longfin squid for 
Trimester II, a vessel with a longfin squid/butterfish moratorium 
permit that is on a directed Illex squid fishing trip (i.e., possess 
over 10,000 lb (4.54 mt) of Illex) and is seaward of the coordinates 
specified at Sec.  648.23(a)(5), may possess up to 15,000 lb (6.80 mt) 
of longfin squid. Once landward of the coordinates specified at Sec.  
648.23(a)(5), such vessels must stow all fishing gear, and render it 
not available for immediate use as defined in Sec.  648.2, in order to 
possess more than 2,500 lb (1.13 mt) of longfin squid per trip.
* * * * *
    (d) * * *
    (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 5,000 lb (2.27 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.
* * * * *

0
7. In Sec.  648.80, paragraphs (a)(4)(iv)(B)(2) and (g)(5)(i) are 
revised to read as follows:


Sec.  648.80  NE Multispecies regulated mesh areas and restrictions on 
gear and methods of fishing.

* * * * *
    (a) * * *
    (4) * * *
    (iv) * * *
    (B) * * *
    (2) Net size requirements. Vessels may fish any combination of 
roundfish and flatfish gillnets, up to 50 nets. Such vessels, may stow 
additional nets not to exceed 150, counting the deployed net. Such 
vessels may stow additional nets in accordance with the definition of 
not available for immediate use as defined in Sec.  648.2 not to exceed 
150 nets, counting the deployed net.
* * * * *
    (g) * * *
    (5) * * *
    (i) Nets of mesh size less than 2.5 inches (6.4 cm). A vessel 
lawfully

[[Page 24510]]

fishing for small-mesh multispecies in the GOM/GB, SNE, or MA Regulated 
Mesh Areas, as defined in paragraphs (a), (b), and (c) of this section, 
with nets of mesh size smaller than 2.5 inches (6.4 cm), as measured by 
methods specified in paragraph (f) of this section, may use net 
strengtheners (covers, as described at Sec.  648.23(a)(3)), provided 
that the net strengthener for nets of mesh size smaller than 2.5 inches 
(6.4 cm) complies with the provisions specified under Sec.  
648.23(a)(3)(iii).
* * * * *
0
8. In Sec.  648.90, paragraphs (a)(5)(i)(D)(2) and (3) are revised to 
read as follows:


Sec.  648.90  NE Multispecies assessment, framework procedures and 
specifications, and flexible area action system.

* * * * *
    (a) * * *
    (5) * * *
    (i) * * *
    (D) * * *
    (2) Atlantic halibut. If NMFS determines the overall ACL for 
Atlantic halibut is exceeded, as described in this paragraph 
(a)(5)(i)(D)(2), by any amount greater than the management uncertainty 
buffer, the applicable AM areas shall be implemented and any vessel 
issued a NE multispecies permit or a limited access monkfish permit and 
fishing under the monkfish Category C or D permit provisions, may not 
fish for, possess, or land Atlantic halibut for the fishing year in 
which the AM is implemented, as specified in paragraph (a)(5)(i)(D) of 
this section. If the overall ACL is exceeded by more than 20 percent, 
the applicable AM area(s) for the stock shall be implemented, as 
specified in paragraph (a)(5)(i)(D) of this section, and the Council 
shall revisit the AM in a future action. The AM areas defined below are 
bounded by the following coordinates, connected in the order listed by 
rhumb lines, unless otherwise noted. Any vessel issued a limited access 
NE multispecies permit and fishing with trawl gear in the Atlantic 
Halibut Trawl Gear AM Area may only use a haddock separator trawl, as 
specified in Sec.  648.85(a)(3)(iii)(A); a Ruhle trawl, as specified in 
Sec.  648.85(b)(6)(iv)(J)(3); a rope separator trawl, as specified in 
Sec.  648.84(e); or any other gear approved consistent with the process 
defined in Sec.  648.85(b)(6). When in effect, a limited access NE 
multispecies permitted vessel with gillnet or longline gear may not 
fish or be in the Atlantic Halibut Fixed Gear AM Areas, unless 
transiting with its gear stowed and not available for immediate use as 
defined in Sec.  648.2, or such gear was approved consistent with the 
process defined in Sec.  648.85(b)(6). If a sub-ACL for Atlantic 
halibut is allocated to another fishery, consistent with the process 
specified at Sec.  648.90(a)(4), and there are AMs for that fishery, 
the groundfish fishery AM shall only be implemented if the sub-ACL 
allocated to the groundfish fishery is exceeded (i.e., the sector and 
common pool catch for a particular stock, including the common pool's 
share of any overage of the overall ACL caused by excessive catch by 
other sub-components of the fishery pursuant to Sec.  648.90(a)(5), 
exceeds the common pool sub-ACL) and the overall ACL is also exceeded.

                   Atlantic Halibut Trawl Gear AM Area
------------------------------------------------------------------------
                  Point                     N. latitude    W. longitude
------------------------------------------------------------------------
1.......................................      42[deg]00'      69[deg]20'
2.......................................      42[deg]00'      68[deg]20'
3.......................................      41[deg]30'      68[deg]20'
4.......................................      41[deg]30'      69[deg]20'
------------------------------------------------------------------------


                  Atlantic Halibut Fixed Gear AM Area 1
------------------------------------------------------------------------
                  Point                     N. latitude    W. longitude
------------------------------------------------------------------------
1.......................................      42[deg]30'      70[deg]20'
2.......................................      42[deg]30'      70[deg]15'
3.......................................      42[deg]20'      70[deg]15'
4.......................................      42[deg]20'      70[deg]20'
------------------------------------------------------------------------


                  Atlantic Halibut Fixed Gear AM Area 2
------------------------------------------------------------------------
                  Point                     N. latitude    W. longitude
------------------------------------------------------------------------
1.......................................      43[deg]10'      69[deg]40'
2.......................................      43[deg]10'      69[deg]30'
3.......................................      43[deg]00'      69[deg]30'
4.......................................      43[deg]00'      69[deg]40'
------------------------------------------------------------------------

    (3) Atlantic wolffish. If NMFS determines the overall ACL for 
Atlantic wolffish is exceeded, as described in this paragraph 
(a)(5)(i)(D)(3), by any amount greater than the management uncertainty 
buffer, the applicable AM areas shall be implemented, as specified in 
paragraph (a)(5)(i)(D) of this section. If the overall ACL is exceeded 
by more than 20 percent, the applicable AM area(s) for the stock shall 
be implemented, as specified in paragraph (a)(5)(i)(D) of this section, 
and the Council shall revisit the AM in a future action. The AM areas 
defined below are bounded by the following coordinates, connected in 
the order listed by rhumb lines, unless otherwise noted. Any vessel 
issued a limited access NE multispecies permit and fishing with trawl 
gear in the Atlantic Wolffish Trawl Gear AM Area may only use a haddock 
separator trawl, as specified in Sec.  648.85(a)(3)(iii)(A); a Ruhle 
trawl, as specified in Sec.  648.85(b)(6)(iv)(J)(3); a rope separator 
trawl, as specified in Sec.  648.84(e); or any other gear approved 
consistent with the process defined in Sec.  648.85(b)(6). When in 
effect, a limited access NE multispecies permitted vessel with gillnet 
or longline gear may not fish or be in the Atlantic Wolffish Fixed Gear 
AM Areas, unless transiting with its gear stowed and not available for 
immediate use as defined in Sec.  648.2, or such gear was approved 
consistent with the process defined in Sec.  648.85(b)(6). If a sub-ACL 
for Atlantic wolffish is allocated to another fishery, consistent with 
the process specified at Sec.  648.90(a)(4), and AMs are developed for 
that fishery, the groundfish fishery AM shall only be implemented if 
the sub-ACL allocated to the groundfish fishery is exceeded (i.e., the 
sector and common pool catch for a particular stock, including the 
common pool's share of any overage of the overall ACL caused by 
excessive catch by other sub-components of the fishery pursuant to 
Sec.  648.90(a)(5), exceeds the common pool sub-ACL) and the overall 
ACL is also exceeded.

                  Atlantic Wolffish Trawl Gear AM Area
------------------------------------------------------------------------
                  Point                     N. latitude    W. longitude
------------------------------------------------------------------------
1.......................................      42[deg]30'      70[deg]30'
2.......................................      42[deg]30'      70[deg]15'
3.......................................      42[deg]15'      70[deg]15'
4.......................................      42[deg]15'      70[deg]10'
5.......................................      42[deg]10'      70[deg]10'
6.......................................      42[deg]10'      70[deg]20'
7.......................................      42[deg]20'      70[deg]20'
8.......................................      42[deg]20'      70[deg]30'
------------------------------------------------------------------------


                 Atlantic Wolffish Fixed Gear AM Area 1
------------------------------------------------------------------------
                  Point                     N. latitude    W. longitude
------------------------------------------------------------------------
1.......................................      41[deg]40'      69[deg]40'
2.......................................      41[deg]40'      69[deg]30'
3.......................................      41[deg]30'      69[deg]30'
4.......................................      41[deg]30'      69[deg]40'
------------------------------------------------------------------------


                 Atlantic Wolffish Fixed Gear AM Area 2
------------------------------------------------------------------------
                  Point                     N. latitude    W. longitude
------------------------------------------------------------------------
1.......................................      42[deg]30'      70[deg]20'
2.......................................      42[deg]30'      70[deg]15'
3.......................................      42[deg]20'      70[deg]15'
4.......................................      42[deg]20'      70[deg]20'
------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-09681 Filed 4-25-16; 8:45 am]
 BILLING CODE 3510-22-P