[Federal Register Volume 82, Number 238 (Wednesday, December 13, 2017)]
[Proposed Rules]
[Pages 58583-58587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26840]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 170713663-7663-01]
RIN 0648-BH04


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

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

[[Page 58584]]


ACTION: Proposed rule, request for comments.

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SUMMARY: NMFS proposes revised longfin squid, Illex squid, and 
butterfish specifications for the 2018 fishing year and projected 
specifications for fishing years 2019 and 2020. NMFS previously set 
specifications for Atlantic mackerel for three years in 2016 (2016-
2018) and, therefore, new Atlantic mackerel specifications will not be 
included in this year's specification rulemaking. This action is 
necessary to specify catch levels for the squid and butterfish 
fisheries based upon updated information on stock status. These 
proposed and projected specifications are intended to promote the 
sustainable utilization and conservation of the squid and butterfish 
resources.

DATES: Public comments must be received by January 12, 2018.

ADDRESSES: Copies of supporting documents used by the Mid-Atlantic 
Fishery Management Council, including the Environmental Assessment 
(EA), the Regulatory Impact Review (RIR), and the Regulatory 
Flexibility Act (RFA) analysis 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/RFA analysis is also accessible via the internet at 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0089.
    You may submit comments, identified by NOAA-NMFS-2017-0089, by any 
of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0089, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to NMFS, Greater Atlantic 
Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 
01930. Mark the outside of the envelope ``Comments on 2018 MSB 
Specifications.''
     Fax: 978-281-9135; Attn: Douglas Christel.
    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). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Douglas Christel, Fishery Policy 
Analyst, (978) 281-9141, 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. Section 302(g)(1)(B) of the Magnuson-Stevens Fishery 
Conservation and Management 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, ensuring 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 regulations implementing the Atlantic Mackerel, Squid, and 
Butterfish Fishery Management Plan (FMP) require the Council's Atlantic 
Mackerel, Squid, and Butterfish Monitoring Committee to develop 
specification recommendations for each species based upon the ABC 
advice of the Council's SSC. The FMP regulations also require the 
specification of annual catch limits (ACLs) and accountability measure 
(AM) provisions for butterfish. Both squid species are exempt from the 
ACL/AM requirements because they have a life cycle of less than one 
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), the 
butterfish mortality cap in the longfin squid fishery, and initial 
optimum yield (IOY) for both squid species.
    The Council's SSC met on May 17 and 18, 2017, and the Monitoring 
Committee met on June 7, 2017, to recommend revised longfin squid, 
Illex squid, and butterfish specifications for the 2018 and projected 
specifications for the 2019 and 2020 fishing years. The Council 
considered the recommendations of the SSC, the Monitoring Committee, 
and public comments at its June 6-8, 2017, meeting. The Council 
submitted its recommendations, as summarized below, along with the 
required analyses, for agency review on August 24, 2017. 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.
    This action does not consider revisions to existing specifications 
for Atlantic mackerel. On April 26, 2016, we implemented Atlantic 
mackerel specifications for fishing years 2016-2018 (81 FR 24504). That 
action implemented a 2018 mackerel ABC of 19,898 mt, an ACL of 11,009 
mt, a commercial ACT of 9,294 mt, a commercial DAH of 9,177 mt, and a 
recreational ACT of 614 mt. A new stock assessment for Atlantic 
mackerel is expected to be completed as part of Stock Assessment 
Workshop 64 in November 2017. This will inform updated mackerel 
specifications starting in fishing year 2019.

Proposed 2018 and Projected 2019-2020 Illex Squid Specifications

     Table 1--Proposed 2018 and Projected 2019 and 2020 Illex Squid
                    Specifications in Metric Ton (mt)
------------------------------------------------------------------------
 
------------------------------------------------------------------------
OFL.....................................................         Unknown
ABC.....................................................          24,000
IOY.....................................................          22,915
DAH/DAP.................................................          22,915
------------------------------------------------------------------------

    The Illex squid 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. The Northeast Fisheries Science Center conducted a 
data update for Illex squid in April 2017. The update indicated that 
abundance continues to be highly variable, but that relative abundance 
was near the long-term median during 2014-2016. The SSC considered the 
results of this data update in recommending revised 2018 and projected 
2019 and 2020 ABCs. In the absence of an updated stock assessment and 
the inadequacy of information to determine an OFL and assess the 
probability of overfishing, the SSC recommended maintaining the status 
quo ABC of 24,000 mt for 2018 and continuing that for 2019 and 2020. 
The SSC concluded that landings of 24,000-

[[Page 58585]]

26,000 mt do not appear to have caused harm to the Illex stock based on 
trawl survey indices and landings following years in which the fishery 
landed 24,000-26,000 mt of Illex squid.
    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 of 
22,915 mt for 2018 that would be maintained for the 2019 and 2020 
fishing years. These are the same specifications for the Illex fishery 
since 2012. The Council will review this decision during its annual 
specifications process following annual data updates each spring, and 
may change its recommendations for 2019 or 2020 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.

Proposed 2018 and Projected 2019-2020 Longfin Squid Specifications

    Table 2--Proposed 2018 and Projected 2019 and 2020 Longfin Squid
                   Specifications in Metric Tons (mt)
------------------------------------------------------------------------
 
------------------------------------------------------------------------
OFL.....................................................         Unknown
ABC.....................................................          23,400
IOY.....................................................          22,932
DAH/DAP.................................................          22,932
------------------------------------------------------------------------

    The most recent longfin squid assessment, the 51st Northeast 
Regional Stock Assessment Workshop published in January 2011, found 
that the longfin squid stock was not overfished in 2009 based on recent 
biomass estimates from NMFS surveys. The Workshop concluded that the 
overfishing status was unknown in 2009 because the short lifespan of 
longfin squid and the lack of evidence correlating fishing effort with 
changes in biomass prevented the estimation of a fishing mortality 
reference point. The SSC considered the results of an April 2017 
assessment update for longfin squid, which included more recent fishery 
dependent and independent information on longfin catch and abundance. 
Based on that update, the longfin squid stock was not overfished in 
2016 because the average swept-area biomass estimates derived from 
recent surveys were much higher (73,762 mt) than the threshold biomass 
proxy (21,203 mt) for determining overfished status and the target 
biomass proxy at maximum sustainable yield (42,205 mt). Thus, the 
current stock biomass is estimated to be approximately 174 percent of 
the biomass target. The assessment concluded that the stock is likely 
lightly exploited because annual catches since 1987 were less than 
annual biomass and did not result in a multi-year decrease in biomass. 
Based on the above, the SSC recommended maintaining current levels for 
another three years, subject to annual review, resulting in a proposed 
ABC of 23,400 mt for 2018 and projected ABCs for 2019 and 2020. 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), interpreting this 
level of exploitation to be sustainable over the long term.
    The Council recommended reducing the ABC by an updated discard rate 
of 2.0 percent derived from the April 2017 assessment update. This 
discard rate is lower than previous discard rates estimated at 4.08 
percent, and reflects the discards observed since 2007, the year in 
which the current trimester management approach was implemented. Using 
this updated discard estimate results in a recommended IOY, DAH, and 
DAP of 22,932 mt for 2018 and the same projected catch levels for 2019 
and 2020. Consistent with the Council's recommendation, NMFS proposes 
an ABC of 23,400 mt, and an IOY, DAH, and DAP of 22,932 mt for 2018 and 
projects the same catch levels for 2019 and 2020.

Distribution of the Longfin DAH

    The Council did not recommend any changes to the trimester 
allocation of the 2018-2020 longfin DAH. Therefore, allocations would 
remain consistent with the distribution implemented since 2007 
according to percentages specified in the FMP, as follows:

 Table 3--Proposed 2018 and Projected 2019-2020 Longfin Quota Trimester
                               Allocations
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                 Trimester                     Percent      Metric tons
------------------------------------------------------------------------
I (Jan-Apr)................................           43           9,861
II (May-Aug)...............................           17           3,898
III (Sep-Dec)..............................           40           9,173
------------------------------------------------------------------------

Proposed 2018 and Projected 2019-2020 Butterfish Specifications

          Table 4--Proposed 2018 and Projected 2019-2020 Butterfish Specifications in Metric Tons (mt)
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                                                                       2018            2019            2020
----------------------------------------------------------------------------------------------------------------
OFL.............................................................          28,628          37,637          39,592
ABC.............................................................          17,801          27,108          32,063
Commercial ACT (ABC--management uncertainty buffers for each              16,911          25,075          28,857
 year)..........................................................
DAH (ACT minus butterfish cap and discards).....................          12,093          20,061          23,752
Directed Fishery closure limit (DAH--1,000 mt incidental                  11,093          19,061          22,752
 landings buffer)...............................................
Butterfish Cap (in the longfin squid fishery)...................           3,884           3,884           3,884
----------------------------------------------------------------------------------------------------------------

    The status of the butterfish stock was last assessed in the 58th 
Northeast Regional Stock Assessment Workshop (March 2014), and updated 
through a March 2017 assessment update. The 2017 assessment update 
concluded that the stock was neither overfished, nor subject to 
overfishing. The butterfish stock biomass is estimated to be 64,376 mt, 
well above the target stock biomass at maximum sustainable yield 
(45,616 mt). In addition, the fishing mortality rate was estimated to 
be very low (0.05), well below the overfishing reference point of 0.81. 
However, trawl survey

[[Page 58586]]

information suggests that recruitment has been declining in recent 
years. Due to reduced recruitment, biomass is expected to decline below 
target levels (45,616 mt) in 2017, but remain above the overfishing 
threshold (22,808 mt). If recruitment returns to average levels, then 
the stock is predicted to rebound above the biomass target by 2020.
    The SSC derived OFLs for 2018 and projected OFLs for 2019-2020 by 
applying estimated natural and fishing mortality to the size of the 
existing stock, assuming the ABCs are fully harvested each year (see 
Table 4). However, the SSC noted that the estimated uncertainties from 
the OFLs derived from the assessment make them unrealistic for setting 
ABCs. In addition, the SSC was concerned about the declining trend in 
recruitment from recent trawl surveys, suggesting that catch 
projections may be overly optimistic. As a result, the SSC recommended 
an ABC of 17,801 mt in 2018, 27,108 mt in 2019, and 32,063 mt in 2020. 
The low 2018 ABC is 42 percent below the 2017 ABC and reflects 
projections using low recruitment estimates from 2016. In contrast, the 
2019 and 2020 ABC recommendations are based upon long-term average 
recruitment. The SSC admitted that these catch levels are very 
conservative, estimating that the probability of overfishing is very 
low (8 percent).
    At its June 2017 meeting, the Council adopted the SSC's butterfish 
ABC recommendations subject to annual review, as required by existing 
regulations. The Monitoring Committee indicated that discards and 
landings are adequately controlled under existing measures. 
Accordingly, the Monitoring Committee and the Council recommended using 
a lower estimate of management uncertainty when setting ACTs, adopting 
a 5-percent management uncertainty buffer in 2018, a 7.5-percent buffer 
in 2019, and maintaining the current 10-percent buffer for 2020. The 
Council reasoned that there is a lower likelihood of an unexpected 
change in butterfish discarding in the directed fishery with lower 
catch levels, allowing for a smaller ACT buffer in 2018 and 2019. This 
results in a proposed commercial ACT of 12,093 mt in 2018, and proposed 
ACTs of 25,075 mt in 2019 and 28,857 in 2020.
    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 maintaining the butterfish cap for the longfin squid 
fishery at the 2014 level of 3,884 mt for 2018 and projected 
maintaining that level for 2019 and 2020. 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. 
The Council did not indicate that there is a need to revise this 
estimate. Therefore, 4,521 mt (the 3,884-mt butterfish cap plus 637 mt 
of discards) would be subtracted from the ACT, as recommended. Next, 
the Council deducts an estimate of butterfish discards in the directed 
fishery to calculate the DAH (i.e., commercial landings). Previous 
analysis used an assumed discard rate of 11.4 percent. However, updated 
analysis using more recent observed trips targeting butterfish (trips 
that landed over 25,000 lb (9.33 mt) of butterfish) suggests that a 
discard rate of 2.4 percent is more accurate. Using this updated 
discard estimate results in a Council-recommended DAH of 12,093 mt in 
2018, 20,061 mt in 2019, and 23,752 mt in 2020.
    Current regulations require butterfish specifications to establish 
a buffer to account for butterfish landings once the directed fishery 
is closed and a 5,000-lb (2,268-kg) incidental limit is imposed. Based 
on previous analysis, if such an incidental limit is implemented, less 
than 700 mt of butterfish would be landed after the directed fishery is 
closed. Therefore, the Council recommended closing the directed 
butterfish fishery once 11,093 mt is caught in 2018, 19,061 mt is 
caught in 2019, and 22,752 is caught in 2020. This would provide a 
1,000-mt set aside in each year to account for incidental landings of 
butterfish after a closure of the directed fishery.
    NMFS proposes specifications, consistent with the Council's 
recommendations, as outlined in Table 4. Because the Council did not 
recommend any changes to the allocation of the butterfish mortality cap 
on the longfin squid fishery, we also propose that the 2018-2020 
butterfish mortality cap be allocated to Trimesters as follows:

  Table 5--Proposed Trimester Allocation of Butterfish Mortality Cap on
  the Longfin Squid Fishery for 2018 and Projected Allocations for 2019
                                and 2020
------------------------------------------------------------------------
                 Trimester                     Percent      Metric tons
------------------------------------------------------------------------
I (Jan-Apr)................................           43           1,670
II (May-Aug)...............................           17             660
III (Sep-Dec)..............................           40           1,554
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
    Total..................................          100           3,844
------------------------------------------------------------------------

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. This proposed rule is not expected 
to be an Executiver Order 13771 regulatory action because this proposed 
rule is not significant under Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
The purpose, context, and statutory basis for this action is described 
above and not repeated here. Business entities affected by this action 
include vessels that are issued limited access longfin squid/butterfish 
and Illex squid permits. Although vessels issued open access incidental 
catch permits for these species are also potentially affected by this 
action, because these vessels land only small amounts of squid and 
butterfish and this action would not revise the amount of squid and 
butterfish that these vessels can land, these entities would not be 
affected by this proposed rule.

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    Any entity with combined annual fishery landing receipts less than 
$11 million is considered a small entity based on standards published 
in the Federal Register (80 FR 81194, December 29, 2015). In 2016, 298 
separate vessels were issued longfin squid/butterfish and Illex squid 
limited access permits. These vessels were owned by 222 entities, of 
which 214 earned less and 8 earned more than $11 million in revenue. 
Average revenue among all entities was $2.1 million in 2016. Therefore, 
214 entities affected by this action are classified as small businesses 
based on current definitions.
    The existing Illex squid commercial landing limit would not be 
changed by this proposed action, while the commercial longfin squid 
landing limit would be slightly increased by 2 percent (487 mt). 
Fishing revenue and, therefore, economic impacts of yearly squid 
specifications depend upon species availability. In 2016, the longfin 
squid fishery landed 81 percent of the 2016 commercial landing limit, 
resulting in nearly $50 million in fishing revenue. The Illex squid 
fishery landed just 29 percent of the 2016 commercial landing limit, 
resulting in a value of $7.2 million, but landed 100 percent of the 
2017 commercial limit as of September 15, 2017. If both fisheries fully 
harvested proposed 2018 commercial landing limits, the longfin and 
Illex squid fisheries could generate approximately $63 and $25 million 
in fishing revenue, respectively, based on 2016 prices. Because this 
action would essentially maintain existing landing limits, it imposes 
no costs and is not expected to alter fishing behavior or resulting 
revenues.
    This action would reduce current commercial butterfish landing 
limits in 2018 and 2019. Compared to the 2017 commercial butterfish 
landing limit (20,652 mt), the proposed 2018 and projected 2019 
commercial landing limits are 41 and 3 percent lower (12,093 mt and 
20,061 mt, respectively), while the projected 2020 landing limit 
(23,752 mt) is 15 percent higher. Since 2014, the butterfish fishery 
has not landed more than 3,135 mt in any year. Recent landings peaked 
at 4,435 mt in 2001, representing only 37 percent of the proposed quota 
for 2018. Even at its peak, domestic landings reached 11,715 mt in 
1984, which is still 3 percent shy of the proposed 2018 commercial 
quota. It is possible for the fishery to substantially increase 
butterfish landings compared to recent years without approaching the 
reduced limits proposed in this action. Therefore, although the 
proposed action would substantially reduce commercial butterfish 
landing limits in 2018, such a reduction is unlikely to impede 
commercial operations or reduce domestic butterfish landings from 
recent levels. Based on 2016 prices, if the fishery fully harvested the 
proposed 2018 commercial limit, it may generate nearly $17 million in 
fishery revenue, which would be a 41-percent reduction from potential 
revenue under landing limits consistent with 2017 landing limits. 
However, because we expect the fishery to land much less than the 
landing limit, these potential revenues are not realistic. Instead, we 
expect that the fishery would maintain recent catch levels, which would 
produce $2.3 million in fishing revenue based on average landings since 
2012 and 2016 price estimates.
    In determining the significance of the economic impacts of the 
proposed action, we considered the following two criteria outlined in 
applicable National Marine Fisheries Service guidance: 
Disproportionality and profitability. The proposed measures would not 
place a substantial number of small entities at a significant 
competitive disadvantage to large entities; all entities affected by 
this action would be equally affected. Accordingly, there are no 
distributional economic effects from this action between small and 
large entities. Proposed measures would not reduce fishing 
opportunities based on recent squid and butterfish landings, change any 
entity's access to these resources, or impose any costs to affected 
entities. Therefore, it is unlikely that this action would reduce 
revenues or profit for affected entities. Based on the above 
justification, the proposed action is not expected to have a 
significant economic impact on a substantial number of small entities.

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

    Dated: December 7, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
[FR Doc. 2017-26840 Filed 12-12-17; 8:45 am]
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