[Federal Register Volume 83, Number 170 (Friday, August 31, 2018)]
[Proposed Rules]
[Pages 44548-44561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18934]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 170828816-8714-01]
RIN 0648-BH16
Fisheries of the Northeastern United States; Atlantic Mackerel,
Squid, and Butterfish; Amendment 20
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule, request for comments.
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SUMMARY: NMFS proposes regulations to implement measures in Amendment
20 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management
Plan and corrections to existing regulations. This action is necessary
to prevent the reactivation of latent effort in the longfin squid
fishery, preserve economic opportunities for more recently active
participants in the longfin squid fishery, avoid overharvest during
Trimester II (May-August) of the longfin squid fishery, and reduce
potential negative impacts on inshore spawning longfin squid
aggregations and squid egg masses. The Mid-Atlantic Fishery Management
Council intends that these proposed measures would
[[Page 44549]]
promote the sustainable utilization and conservation of the squid and
butterfish resources, while promoting the sustained participation of
fishing communities and minimizing adverse economic impacts on such
communities.
DATES: Public comments must be received by October 1, 2018.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2017-0110, by either of the following methods:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal.
1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0110,
2. Click the ``Comment Now!'' icon, complete the required fields,
and
3. Enter or attach your comments.
--OR--
Mail: Submit written comments to Michael Pentony, Regional
Administrator, National Marine Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the outside of the envelope:
``Comments on the Proposed Rule for Squid Amendment 20.''
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 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).
A draft environmental assessment (EA) has been prepared for this
action that describes the proposed measures and other considered
alternatives and the potential impacts of such measures and
alternatives. Copies of the specifications document, including the EA
and the Initial Regulatory Flexibility Analysis, are available on
request 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/Regulatory Impact Review
(RIR)/Regulatory Flexibility Act (RFA) analysis is also accessible via
the internet at http://www.mafmc.org/s/Squid-Amendment-Draft-EA.pdf.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
proposed rule may be submitted to the Greater Atlantic Regional
Fisheries Office and by email to [email protected] or fax to
(202) 395-5806.
FOR FURTHER INFORMATION CONTACT: Douglas Christel, Fishery Policy
Analyst, (978) 281-9141, [email protected].
SUPPLEMENTARY INFORMATION:
Background
In 1995, the Mid-Atlantic Fishery Management Council (Council)
adopted and NMFS approved a limited access permit system for longfin
squid and butterfish as part of Amendment 5 to the Atlantic Mackerel,
Squid, and Butterfish Fishery Management Plan (FMP) (April 2, 1996; 61
FR 14465). Under Amendment 5, NMFS issued longfin squid/butterfish
moratorium permits to vessels that landed a minimum amount of either
species during a specified qualification period. Since then, the number
of vessels landing longfin squid has decreased, with a relatively small
portion of vessels issued longfin squid/butterfish moratorium permits
landing the majority of longfin squid in recent years. The Council is
concerned that unused longfin squid/butterfish moratorium permits could
be activated, which could lead to excessive fishing effort and bycatch
of both longfin squid and non-target species. This could cause negative
biological impacts to these species. In addition, this increased effort
could increase the race to fish and reduce access to available longfin
squid quota by vessels with a continuous history of landings in recent
years. Therefore, the Council developed Amendment 20 to consider
adjusting the number of vessels qualified to fish in the directed and
incidental longfin squid fishery and design appropriate measures to
prevent unanticipated increases in fishing effort. The proposed
measures described below could help prevent a race to fish, frequent
and disruptive fishery closures, and reduced fishing opportunities for
vessels that are more recently dependent upon longfin squid.
Longfin squid spawning occurs year round but is most frequently
observed inshore during the late spring through early fall. Spawning
aggregations and associated egg masses (mops) that are attached to the
bottom are vulnerable to bottom fishing activities during the summer
months when longfin squid are easily accessible to the fishery in large
concentrations. In 2007, the Council implemented reduced quotas during
summer months (May through August, or Trimester II) as part of the
trimester quota system (January 30, 2007; 71 FR 4211). The Council
developed the trimester quota system to improve the monitoring and
management of the longfin squid fishery and prevent allowable quotas
from being exceeded. Once a trimester quota has been landed, possession
limits are reduced to incidental levels for all longfin squid permits.
The FMP currently includes a 2,500 lb (1,134 kg) possession limit per
trip for incidental permits and for all longfin squid permits when the
directed fishery has closed once a quota has been landed. However, this
incidental limit has allowed vessels to continue to land large amounts
of longfin squid even after the directed fishery is closed, and has
contributed to the Trimester II quota being exceeded by large amounts
in several years. The Council is concerned that excessive fishing
effort inshore during Trimester II could negatively impact the stock,
interrupting spawning activity, increasing the mortality of squid eggs,
and reducing future recruitment. Measures developed by the Council
under this action are intended to adjust the management of longfin
squid during Trimester II primarily to reduce impacts to spawning squid
and egg mops.
From March through May 2015, the Council held scoping meetings from
Rhode Island through New Jersey to discuss these issues and develop
responsive measures. After further development and analysis, the
Council conducted public hearings in April and May 2017 to solicit
input on the range of alternatives under consideration by the Council.
The Council accepted public comments through May 18, 2017. On June 7,
2017, the Council adopted final measures as part of Amendment 20 to the
Atlantic Mackerel, Squid, and Butterfish FMP. On March 21, 2018, the
Council submitted the amendment and draft EA to NMFS for preliminary
review, with submission of the final draft amendment on June 6, 2018.
NMFS drafted the proposed regulations to implement these measures for
Council review. The Council deemed the proposed regulations to be
necessary and appropriate to implement Amendment 20 on April 27, 2018,
as specified in section 303(c) of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act).
The purpose of Amendment 20 is to reduce latent (unused) effort in
the longfin squid fishery and adjust the management of the longfin
squid fishery during Trimester II (May through
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August). These measures are intended to avoid overharvesting the
longfin squid resource and harming squid egg masses. Although the
Council considered reducing the number of Illex squid moratorium
permits in the fishery, the Council decided a reduction in the number
of Illex moratorium permits was not appropriate at this time given low
Illex landings and limited vessel participation in the fishery in most
years. Measures proposed under this action would promote the
sustainable utilization and conservation of the longfin squid and
butterfish resources, while promoting the sustained participation of
fishing communities and minimizing adverse economic impacts on such
communities.
Proposed Measures
Under the Magnuson-Stevens Act, we are required to publish proposed
rules for comment after preliminarily determining whether they are
consistent with applicable law. The Magnuson-Stevens Act allows us to
approve, partially approve, or disapprove measures that the Council
proposes based only on whether the measures are consistent with the
fishery management plan, plan amendment, the Magnuson-Stevens Act and
its National Standards, and other applicable law. Otherwise, we must
defer to the Council's policy choices. We are seeking comments on the
Council's proposed measures in Amendment 20 described below and whether
they are consistent with the Atlantic Mackerel, Squid, and Butterfish
FMP, the Magnuson-Stevens Act and its National Standards, and other
applicable law.
This proposed rule includes changes to existing FMP measures
adopted by the Council under Amendment 20, but also several revisions
to regulations that are not specifically identified in Amendment 20.
These revisions are necessary to effectively implement the provisions
in Amendment 20, or to correct errors in, or clarify, existing
provisions. NMFS is proposing these latter changes under the authority
of section 305(d) of the Magnuson-Stevens Act.
1. Separate Butterfish Moratorium Permit
Amendment 5 created a joint longfin squid/butterfish moratorium
permit based on the historic overlap between the directed longfin squid
and butterfish fisheries. NMFS issued moratorium permits to qualified
vessels based on a minimum landings amount of either species during the
qualification period. To reduce capacity in the longfin squid fishery
without unintentionally reducing domestic fishing capacity for
butterfish, Amendment 20 proposes to separate the longfin squid/
butterfish moratorium permit into two moratorium permits, one for each
species. Amendment 20 would create a new butterfish moratorium permit
and a separate, revised longfin squid moratorium permit, as described
further below.
Under Amendment 20, all entities currently issued a longfin squid/
butterfish moratorium permit would be automatically issued a new and
separate butterfish moratorium permit. The existing permit restrictions
and vessel trip report (VTR), observer, slippage, and transfers at sea
requirements currently applicable to the existing longfin squid/
butterfish moratorium permit would apply to the proposed new butterfish
moratorium permit. These permits would maintain the existing vessel
permit baseline characteristics, vessel replacement and upgrade
provisions, and the restriction on permit splitting; be required to
submit vessel trip reports on a weekly basis; and be subject to
measures to address slippage and transfers at sea specified at 50 CFR
648.11(n)(3) and 648.13, respectively. Vessels issued a new butterfish
moratorium permit would not be required to submit a specific butterfish
trip declaration using the vessel monitoring system (VMS) or submit
daily VMS catch reports of butterfish but would be required to maintain
an operational VMS unit to provide NMFS with automatic position
reports. Finally, the existing butterfish possession limits specified
at Sec. 648.26(d)(1) and (2) (unlimited when fishing with a mesh size
of three inches (76 mm) or greater, and 5,000 lb (2,268 kg) per trip
when fishing with less than three-inch (76-mm) mesh) would remain the
same for this new permit.
2. Tier 1 Longfin Squid Moratorium Permit
Amendment 20 proposes to re-qualify current longfin squid
moratorium permits based on recent landings history to reduce the
potential for the reactivation of latent fishing permits. Under this
measure, NMFS would issue a new Tier 1 longfin squid moratorium permit
only to 2018 longfin squid/butterfish moratorium permits that landed at
least 10,000 lb (4,536 kg) of longfin squid in any year from 1997-2013.
The Regional Administrator would use fishing history, as documented
through dealer reports, to re-qualify permits, including permits
currently held in confirmation of permit history (CPH), and
automatically issue Tier 1 longfin squid moratorium permits to
qualified entities.
Any vessel owner could apply for a Tier 1 longfin squid permit
within one year of the effectiveness of this permit, if approved under
Amendment 20. A vessel owner that does not qualify to be issued a new
Tier 1 longfin squid moratorium permit would be notified by the
Regional Administrator and could appeal that decision within 30 days of
the denial notice. An appeal would require a written request to the
Regional Admininstrator, and the appeal would be reviewed by the NOAA
Fisheries National Appeals Office. Appeals could be based upon evidence
that the information used in the original denial was incorrect. During
an appeal, a vessel owner could request the Regional Administrator to
authorize its vessel to continue fishing for longfin squid under the
measures for a Tier 1 permit until that appeal is completed.
A vessel issued a Tier 1 longfin squid moratorium permit would be
subject to all measures applicable to the existing longfin squid/
butterfish moratorium permit, including, but not limited to, the vessel
baseline and upgrade, VTR and VMS reporting, observer, slippage, and
transfers at sea requirements. A Tier 1 longfin squid moratorium permit
would be able to land an unlimited amount of longfin squid per trip,
unless the directed longfin squid fishery is closed and incidental
limits are implemented, as described further below. As currently
allowed for longfin squid/butterfish moratorium permits, Tier 1 permits
could also possess up to 15,000 lb (6,804 kg) of longfin squid per trip
after the longfin squid fishery is closed in Trimester II, provided the
vessel is declared into the Illex squid fishery, possesses at least
10,000 lb (4,536 kg) of Illex squid, and is fishing offshore.
3. Tier 2 Longfin Squid Moratorium Permit
Although the Council chose to reduce latent longfin squid permits,
it also wanted to recognize the historic participation of permits that
originally qualified for a longfin squid/butterfish moratorium permit.
To do so, Amendment 20 would create a separate longfin squid moratorium
permit with a moderate possession allowance. The Regional Administrator
would automatically issue a Tier 2 longfin squid moratorium permit to
any vessel currently issued a 2018 longfin squid/butterfish moratorium
permit or an entity issued such a permit in CPH that does not qualify
for a Tier 1 longfin squid moratorium permit described above. A Tier 2
permit would be subject to all measures applicable to the
[[Page 44551]]
existing longfin squid/butterfish moratorium permit, including, but not
limited to, the permit, VTR and VMS reporting, observer, slippage, and
transfers at sea requirements. However, a Tier 2 permit would only be
allowed to land up to 5,000 lb (2,268 kg) of longfin squid per trip,
unless the directed longfin squid fishery is closed and incidental
limits are implemented, as described further below. Similar to Tier 1
permits, a vessel issued a longfin squid Tier 2 moratorium permit could
continue to possess up to 5,000 lb (6,804 kg) of longfin squid per trip
after the longfin squid fishery is closed in Trimester II. To do so, a
Tier 2 moratorium permitwould have to declare into the Illex squid
fishery, possess at least 10,000 lb (4,536 kg) of Illex squid, and fish
offshore in the area specified at Sec. 548.23(a)(5).
4. Tier 3 Longfin Squid Incidental Permit
Under Amendment 20, the Council wanted to reduce incentives to
target longfin squid under an incidental permit, while still preserving
more recent fishing patterns and minimizing discards of squid caught
while targeting other species. Under this measure, NMFS would issue a
new Tier 3 longfin squid moratorium permit to vessels previously issued
an open access squid/butterfish incidental catch permit in any year
that landed more than 5,000 lb (2,268 kg) of longfin squid in at least
one calendar year from 1997-2013 based on dealer landings data. By
limiting access to this incidental permit such that it could not be
dropped and re-issued at any time, this measure would prevent a vessel
owner from canceling his/her Federal permit to fish for longfin squid
in state waters above Federal limits during the fishing year. This
would better control longfin squid landings, particularly after a
closure of the fishery in Trimester II.
A vessel owner must apply for a Tier 3 longfin squid moratorium
permit by submitting an application to the Regional Administrator
within one year of the effectiveness of these permits, if approved
under Amendment 20. The owner of a vessel permit that does not qualify
for a new Tier 3 longfin squid moratorium permit would be notified by
the Regional Administrator and could appeal that decision within 30
days of the denial notice. An appeal would require a written request to
the Regional Admininstrator, and the appeal would be reviewed by the
NOAA Fisheries National Appeals Office. Appeals could be based upon
evidence that the information used in the original denial was
incorrect. During an appeal, a vessel owner could request the Regional
Administrator to authorize its vessel to continue fishing for longfin
squid under the measures for a Tier 3 longfin squid permit until that
appeal is completed.
A vessel issued a Tier 3 longfin squid permit would be subject to
all measures applicable to the existing squid/butterfish incidental
catch permit. Unlike Tier 1 or 2 longfin squid moratorium permits, Tier
3 permits would not be issued a vessel baseline, and would not be
subject to the vessel upgrade provisions. A Tier 3 longfin squid
moratorium permit would be able to land up to 2,500 lb (1,134 kg) of
longfin squid per trip, unless the directed longfin squid fishery is
closed during Trimester II and incidental limits are implemented, as
described further below.
5. Longfin Squid Moratorium Permit Swap
Amendment 20 would allow an owner of more than one longfin squid/
butterfish moratorium permit as of May 26, 2017, a one-time opportunity
to move longfin squid moratorium permits onto a different vessel that
they own to optimize their fishing operations. Under this measure, a
vessel owner could move a qualified Tier 1 longfin squid moratorium
permit from one of his/her vessels and place it on another vessel that
is owned by that same entity and also issued a Tier 2 longfin squid
moratorium permit. In this exchange, the Tier 2 longfin squid
moratorium permit would be moved onto the vessel originally issued the
Tier 1 longfin squid moratorium permit. This allows a vessel owner to
``swap'' Tier 1 and Tier 2 longfin squid moratorium permits among
vessels owned by that entity such that the Tier 1 longfin squid
moratorium permit is placed on a vessel that is better able to
capitalize on the longfin squid fishing opportunities available to such
a permit than the other vessel. This measure is intended to help
maximize potential fishing opportunities and associated revenue for
entities that have been issued multiple longfin squid moratorium
permits on separate vessels and mitigate the loss of revenue potential
associated with a permit that does not re-qualify for a Tier 1 longfin
squid moratorium permit.
Only permits issued to vessels owned by the same business entity as
of May 26, 2017, would be able to participate in the permit swap; a
permit held in CPH as of May 26, 2017, would not be eligible to
participate. May 26, 2017, is the day that June 2017 Council meeting
materials, including the description of proposed measures, were made
available to the public. The Council chose this date to limit
eligibility for permit swaps to reduce the potential that business
entities would change permit ownership to take advantage of this
measure and circumvent the purpose of this measure.
Vessels involved in the swap would also need to be within 10
percent of the baseline length overall and 20 percent of the baseline
horsepower of the permit to be placed on that vessel. Only Tier 1 and
Tier 2 longfin squid moratorium permits could be transferred as part of
this permit swap; no other fishery permits could be swapped as part of
this transaction. An owner interested in swapping permits would need to
apply for the permit swap within one year of the issuance of the Tier 1
or Tier 2 longfin squid moratorium permits. If approved, the Regional
Administrator would distribute a permit swap application form to permit
holders.
6. Incidental Longfin Squid Possession Limit
Amendment 20 would reduce the longfin squid possession limit from
2,500 lb (1,134 kg) per trip to 250 lb (113 kg) per trip for vessels
issued an open access squid/butterfish incidental permit. A lower
incidental possession limit would reduce incentives to target longfin
squid and more effectively control fishing effort and landings in the
fishery. This could reduce overall fishing effort and bycatch and
associated mortality on longfin squid and other species.
This action would also reduce the longfin squid incidental limit
for all longfin squid permits from 2,500 lb (1,134 kg) per trip to 250
lb (113 kg) per trip once the Trimester II quota has been landed. The
longfin squid incidental limit would remain 2,500 lb (1,134 kg) per
trip for any closure implemented during Trimesters I or III. In recent
years, excessive landings under the current incidental trip limit
(2,500 lb (1,134 kg)) following the closure of the directed fishery in
Trimester II has resulted in substantial overages of the Trimester II
quota. This measure would reduce incentives to target longfin squid
after such a closure, reducing bycatch of longfin squid and other
species and impacts to spawning squid and egg mops during Trimester II.
7. Corrections and Clarifications to Existing Regulations
In Sec. 648.2, the term ``Northeast Regional Office'' in the
definition of ``Atlantic Mackerel, Squid, and Butterfish Monitoring
Committee'' would be revised to ``Greater Atlantic Regional Fisheries
Office'' to accurately
[[Page 44552]]
reflect the current name of the facility. Definitions for ``Calendar
day,'' ``Directed fishery,'' and ``Incidental catch'' would be added to
clarify the application of these terms in the Atlantic Mackerel, Squid,
and Butterfish FMP regulations, and to eliminate repeated definition of
these terms in the regulations.
In Sec. 648.4(a)(5)(iii), paragraph (B) would be revised to
reflect the mackerel landing limit in kg instead of mt, and paragraphs
(C), (D), (E), (H) would be revised and paragraph (M) would be deleted
to eliminate outdated and unnecessary permit eligibility, application,
qualification, baseline, and appeal regulations, respectively, related
to the 2011 qualification of limited access mackerel permits.
In Sec. 648.7, text at (a)(1)(i) and (ii) that was inadvertently
deleted in the final rule implementing the Mid-Atlantic Unmanaged
Forage Omnibus Amendment (August 28, 2017; 82 FR 40721) would be
reinserted.
In Sec. 648.10(e)(5)(i), the phrase ``. . . or monkfish fishery''
would be replaced with ``monkfish, or any other fishery'' to maintain
consistency with other language in this paragraph and related text in
paragraph (e)(5)(ii). This revision is necessary to ensure that a
vessel that is subject to VMS requirements in any fishery accurately
declares its intended fishing operations before leaving port.
In Sec. 648.13, paragraph (a) would be revised to clarify that
longfin squid, Illex squid, and butterfish moratorium permits and
squid/butterfish incidental catch permits must be issued a letter of
authorization (LOA) by the Regional Administrator to transfer longfin
squid, butterfish, or Illex squid at sea. This would make the
regulations consistent with the LOA language and historic practice.
In Sec. 648.14, five corrections are proposed, as follows:
1. The introductory text to paragraph (g)(1)(i) would be revised to
insert reference to the fishery closure and accountability measure
regulations at Sec. 648.24(d) and to replace ``Take, retain . . .''
with ``Take and retain . . .'' The first correction is to ensure that
this prohibition can be effectively administered and enforced and
accurately reflects notifications associated with the implementation of
specifications, closures, and accountability measures. The second
correction restores the original language of this prohibition to
accurately reflect its intent to allow vessels that may encounter these
species during normal operations to interact with and discard these
species, as appropriate.
2. Paragraph (g)(1)(ii)(B) would be revised to use the term ``Illex
squid'' consistent with the use of this term in other regulations and
reflect the corrections to Sec. 648.13(a) described above.
3. Paragraph (g)(2)(i) would be revised to reference Subpart B
instead of Sec. 648.22 to ensure that the general prohibition applies
to all Atlantic Mackerel, Squid, and Butterfish FMP measures, not just
those implemented via the specifications process because FMP measures
are implemented via framework adjustments, amendments, and
specifications actions.
4. Paragraphs (g)(2)(ii)(D) and (F) would be revised to read that
it is unlawful for any person owning or operating a vessel issued a
valid mackerel, squid, and butterfish fishery permit, or issued an
operator's permit to ``Take and retain, possess, or land'' these
species instead of ``Take, retain, possess, or land'' these species.
This distinction is necessary to allow vessels that may encounter these
species during normal operations to interact with and discard these
species, as appropriate, consistent with Council intent.
5. Paragraph (g)(2)(v) would be revised to replace ``limited
access'' with ``directed'' to reference the Atlantic mackerel, longfin
squid, and Illex squid fisheries. This is intentended to maintain
consistency with the way in which these fisheries are referenced in
other applicable regulations.
In Sec. 648.22, several corrections are proposed. In paragraph
(a), species headings would be added to clarify which elements are to
be specified for each species during the specifications process and to
spell out terms used for the first time in the regulations. The term
``Illex squid'' would replace the term ``Illex'' for clarity in several
paragraphs. Finally, in paragraph (c)(3), the reference to Sec.
648.4(1)(5)(ii) would be replaced with reference to Sec.
648.4(a)(5)(vi) to accurately reflect the correct regulation for the
squid/butterfish incidental catch permit.
In Sec. 648.25(a)(4)(i), the reference to paragraph (a)(2) would
be replaced with the accurate reference to paragraph (a)(3) of that
section.
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 Amendment 20 to 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
the purposes of Executive Order 12866.
This proposed rule does not contain policies with Federalism or
takings implications as those terms are defined in E.O. 13132 and E.O.
12630, respectively.
The Council prepared a draft EA for this action that analyzes the
impact of measures contained in this proposed rule. The EA includes an
IRFA, as required by section 603 of the RFA, which is supplemented by
information contained in the preamble of this proposed rule. The IRFA,
as summarized below, describes the economic impact this proposed rule,
if adopted, would have on small entities. A description of the action,
why it is being considered, and the legal basis for this action are
contained in the preamble to this proposed rule. A copy of the RFA
analysis is available from the Mid-Atlantic Council (see ADDRESSES).
Description of the Reasons Why Action by the Agency Is Being Considered
The purpose of this action is to optimize management measures in
the squid fisheries by reducing latent (unused) effort in the longfin
squid fishery and adjusting the management of the longfin squid fishery
during Trimester II (May through August) to avoid overharvesting the
longfin squid resource. Section 4.0 of the EA prepared for this action
(see ADDRESSES) contains a more thorough description of the purpose and
need for this action.
Statement of the Objectives of, and Legal Basis for, This Proposed Rule
The legal basis and objectives for this action are contained in the
preamble to this proposed rule, and are not repeated here. Sections 4.0
and 5.0 of the EA prepared for this action (see ADDRESSES) contains a
more thorough description of the purpose and need for this action and
the rational for each measure considered.
Description and Estimate of the Number of Small Entities to Which This
Proposed Rule Would Apply
For the purposes of the RFA analysis, the ownership entities (or
firms), not the individual vessels, are considered to be the regulated
entities. Ownership entities are defined as those entities or firms
with common ownership personnel as listed on the permit application.
Because of this, some vessels with Federal longfin squid/butterfish
permits may be considered to be part of the same firm because they may
have the same owners. The North American Industry Classification
[[Page 44553]]
System (NAICS) is the standard used by Federal statistical agencies in
classifying business establishments for the purpose of collecting,
analyzing, and publishing statistical data related to the U.S. business
economy. For purposes of the RFA, a business primarily engaged in
commercial fishing activity is classified as a small business if it has
combined annual gross receipts not in excess of $11 million (NAICS
11411) for all its affiliated operations worldwide. A business
primarily engaged in for-hire (charter/party) operations is
characterized as annual gross receipts not in excess of $7.5 million.
To identify these small and large firms, vessel ownership data from the
permit database were grouped according to common owners and sorted by
size. The current ownership data set used for this analysis is based on
calendar year 2016 (the most recent complete year available).
The proposed action would affect any vessel issued a valid Federal
longfin squid/butterfish moratorium permit or an open access squid/
butterfish incidental permit. According to the commercial database, 295
separate vessels were issued a longfin squid/butterfish moratorium
permit in 2016. These vessels were owned by 222 entities, of which 214
were categorized as small business entities using the definition
specified above. In 2016, 1,528 vessels were issued an open access
squid/butterfish incidental permit. These vessels were owned by 1,114
entities, of which 1,105 were small business entities. In total, 1,319
small business entities may be affected by this rule out of a potential
1,336 entities (large and small) that may be affected by this action.
Therefore, 99 percent of affected entities are categorized as small
businesses.
Not all entities potentially affected by this action landed fish
for commercial sale in 2016. Nine small business entities issued a
longfin squid/butterfish moratorium permit did not have any fishing
revenue in 2016, while 274 small business entities issued an open
access squid/butterfish incidental catch permit did not have any
fishing revenue in 2016. Only 1,036 small business entities had fishing
revenue in 2016, representing 79 percent of the small entities
potentially affected by this action.
Description of the Projected Reporting, Recordkeeping, and Other
Compliance Requirements of This Proposed Rule
This proposed rule 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. Public reporting burden and costs
associated with these information collections, including the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information, are estimated to average, as follows:
1. Application for a longfin squid moratorium permit, OMB #0648-
0679 (60 min/response and an annual cost of $254.80 for postage);
2. Appeal of the denial of a longfin squid moratorium permit, OMB
#0648-0679 (120 min/response and an annual cost of $226.87 for
postage); and
3. Application for a longfin squid moratorium permit swap, OMB
#0648-0679 (5 min/response and an annual cost of $1.63 for postage).
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
Greater Atlantic Regional Fisheries Office at the ADDRESSES above, and
email to [email protected], or fax to (202) 395-5806.
Federal Rules Which May Duplicate, Overlap, or Conflict With This
Proposed Rule
This proposed rule does not duplicate, overlap, or conflict with
any other Federal rule.
Description of Significant Alternatives to the Proposed Action Which
Accomplish the Stated Objectives of Applicable Statutes and Which
Minimize Any Significant Economic Impact on Small Entities
Section 7.5 of the EA estimates the number of vessel permits that
would qualify under each alternative and the associated economic
impacts to affected entities based on recent landings, with additional
analysis provided in Section 12 of the EA. The text below summarizes
the economic impacts for significant non-selected alternatives.
1. Longfin Squid Moratorium Permit Qualification
Under Amendment 20, the Council considered five alternatives,
including the no-action alternative, to reduce latent permits in the
longfin squid fishery through the creation of a tiered permit system
based on historical participation in the fishery. The alternatives
included different combinations of qualifying years (1997-2013 or 1997-
2015) and minimum landings thresholds (10,000 lb (4,536 kg), 25,000 lb
(11,340 kg), or 50,000 lb (22,680 kg)). Of these five alternatives,
only Alternative 1B is considered a significant alternative because it
meets the objectives of this action and minimizes adverse economic
impacts compared to the proposed action (Alternative 1C); the no action
alternative (Alternative 1A) would not meet the objectives of this
action.
Unlike the proposed action which is based on landings through 2013,
Alternative 1B would re-qualify a vessel for a longfin squid moratorium
permit if it landed more than 10,000 lb (4,536 kg) of longfin squid in
any year during 1997-2015. Based on these criteria, 224 vessel permits
currently issued a longfin squid/butterfish moratorium permit would
qualify for and be issued a Tier 1 longfin squid moratorium permit
under Amendment 20. The 159 vessels that would not qualify would be
issued a Tier 2 longfin squid moratorium permit and be restricted to
5,000 lb (2,268 kg) of longfin squid per trip. From 2014-2016, 80
percent of these vessels (127) did not land any longfin squid. Of the
32 vessels that landed some longfin squid during 2014 and 2016, 6
vessels took 32 trips that landed more than 5,000 lb (2,268 kg) of
longfin squid, all during 2016. If such trips would have been limited
to 5,000 lb (2,268 kg) of longfin squid, foregone revenues would have
totaled $438,835, or $73,139 annually per vessel. This amount
represents 7 percent of their total average annual fishing revenues of
$1,042,770 during 2014-2016. Given the increased availability of
longfin squid during 2016, this is likely an upper bound estimate of
the likely impacts to affected vessels, as availability fluctuates
yearly and these vessels did not land more than 5,000 lb (2,268 kg) of
longfin squid from any trip during 2014 or 2015.
Alternative 1B was not selected by the Council for several reasons.
The year range used to requalify permits under this alternative (1997-
2015) is not consistent with the May 16, 2013, control date specified
by the Council for this action. This control date served as
[[Page 44554]]
public notice that the Council intended to further reduce capacity in
the longfin squid fishery and that any fishing activity after this date
may not qualify for future access to this fishery. The preferred
alternative incorporates the control date and would only re-qualify
permits based on landings through 2013. Alternative 1B would also re-
qualify ten more longfin squid moratorium permits than the preferred
alternative. These additional permits have not been regular
participants in the squid fishery. Considering the sum of their
individual best years from 1994-2016, these vessels have the capacity
to land an additional 500,000 lb (227 mt) of longfin squid compared to
vesssels qualifying under the preferred alternative based on the
highest landings of qualifying vessels under each alternative. This
additional fishing capacity has the potential to exacerbate seasonal
closures implemented in the longfin squid fishery in 2014 and 2016, and
could lead to a race to fish; excess longfin squid catch and landings,
particularly during the spawning season; and reduced fishing
opportunities for permits that have been more dependent on longfin
squid based on past operations. As noted above, the Council attempted
to mitigate economic impacts by creating a Tier 2 longfin squid
moratorium permit that allows for moderate possession limits to vessels
that do not re-qualify. Therefore, the Council concluded that the
preferred alternative represented the best balance of avoiding
excessive landings and a race to fish by not allowing too many vessels
to target longfin squid, while ensuring that enough vessels remain in
the fishery to achieve optimum yield and minimizing economic impacts to
vessels that do not re-qualify.
2. Longfin Squid Incidental Permit Qualification and Incidental
Possession Limit
Under Amendment 20, the Council considered three alternatives to
reduce incidental catch permits in the longfin squid fishery, including
the no-action alternative. Of these three alternatives, only
Alternative 3B is considered a significant alternative because it meets
the objectives of this action and minimizes adverse economic impacts
compared to the preferred alternative (Alternative 3C); the no action
alternative (Alternative 3A) would not meet the objectives of this
action. Both Alternatives 3B and 3C used the same qualifying years
(1997-2013), but different minimum landings thresholds (2,500 lb (1,134
kg) for Alternative 3B and 5,000 lb (2,268 kg) for Alternative 3C).
Under each alternative, the Council considered two options for
incidental longfin squid possession limits--250 lb (113 kg) or 500 lb
(227 kg) per trip.
Under Alternative 3B, 385 vessels would qualify and be issued a
Tier 3 longfin squid moratorium permit, allowing such vessels to
continue landing up to 2,500 lb (1,134 kg) of longfin squid per trip.
Out of the 1,143 vessels that would not qualify for a Tier 3 permit
under Alternative 3B, 755 (66 percent) did not have any longfin squid
landings during the qualifying period, while 388 (34 percent) landed
less than 2,500 lb (1,134 kg) of longfin squid during the qualification
period. Of these 388 permits with minimal longfin squid landings, 32
permits took 101 trips during 2014-2016 that landed 250-2,500 lb (113-
1,134 kg) of longfin squid, resulting in nearly $270,000 in longfin
squid revenue that averaged $1,120 per year for each permit. Twenty-one
of these vessels took 52 trips during 2014-2016 that landed between
500-2,500 lb (226-1,134 kg) of longfin squid, averaging $1,437 per
permit per year. Under either trip limit option, each non-qualified
vessel would lose, on average, $1,134-$1,437 per year under Alternative
3B. These vessels earned an average of $683,723 from the landings of
all species during 2014-2016. Therefore, longfin squid landings from
trips affected by Alternative 3B represented only a small fraction
(less than one quarter of one percent) of total fishing revenue for
these vessels.
The Council selected Alternative 3C over Alternative 3B because the
preferred alternative would more effectively create a system where
vessels with incidental permits that had substantial longfin squid
landings would keep their current possession limit and not be forced to
discard longfin squid. It would also limit vessels without a history of
substantial landings to a smaller possession limit. The higher minimum
landing threshold under Alternative 3C would only require vessels to
have made two trips maximizing the current incidental catch limit to
qualify compared to one trip under Alternative 3B. This very low
qualification threshold minimizes the number of non-qualified vessels
to those that were landing minimal amounts of longfin squid in the
past, consistent with the Council's rationale for selecting a low, but
not the lowest, landings threshold to retain the longfin squid
moratorium permit described above. Input from the Council's Mackerel,
Squid, and Butterfish Advisory Panel indicated that a low possession
limit of 250-500 lb (226-452 kg) would strongly reduce incentives to
target longfin squid. Consistent with the objectives of this action,
the Council preferred the lowest possession limit for incidental
permits to eliminate incentives to target longfin squid and to minimize
discards of squid caught as bycatch in other fisheries.
3. Longfin Squid Incidental Posession Limit Following Trimester II
Closure
Under Amendment 20, the Council considered three alternatives to
reduce the longfin squid incidental possession limit for all longfin
squid permits once the available Trimester II quota was landed,
including the no-action alternative. The no action alternative
(Alternative 5A) would allow all permitted longfin squid vessels to
continue to possess up to 2,500 lb (1,134 kg) of longfin squid after
the Trimester II quota is caught and the directed fishery is closed,
while Alternative 5B (the Council's preferred alternative) and 5C would
allow vessels to retain up to 250 lb (113 kg) or 500 lb (226 kg) per
trip, respectively, after such a closure. Alternatives 5A and 5C are
both considered significant alternatives because they meet the
objectives of this action and minimize adverse economic impacts
compared to the preferred alternative.
Longfin squid landings and revenue from 2016 provide a good
indication of potential maximum economic impacts to vessels under
Alternatives 5A, 5B, and 5C, as longfin squid landings continued after
the Trimester II directed fishery was closed from June 29-August 31,
2016. Assuming squid are similarly available in the future, 2016
landings data indicate that Alternative 5A could allow the fishery to
land up to 5.6 million lb (2,540 mt) of longfin squid under the current
2,500 lb (1,134 kg) incidental possession limit following the closure
of the directed fishery in Trimester II. Nearly all of these landings
were from trips that landed more than 250 lb (113 kg), although not all
landings occurred in Federal waters. Using 2016 prices, these landings
were valued at $6.4 million, and represent an upper bound estimate of
potential revenue under Alternative 5A that potentially would be lost
under this action. Trips landing between 250-2,500 lb (113-1,134 kg) of
longfin squid after the closure accounted for 3.4 million lb (1,542 mt)
of longfin squid landings valued at $4.1 million. Average vessel
revenue for the 129 vessels that took these trips was $31,444,
representing just 4.8 percent of their total average longfin squid
landing revenue ($649,473) during 2016. This approximates potential
revenue losses under Alternative 5B. For a majority of these vessels,
longfin squid was not a
[[Page 44555]]
substantial portion of total fishery revenue in 2016, with only 14
percent of affected vessels relying on longfin squid for more than 20
percent of total fishery revenue. Potential revenue lost under
Alternative 5C is reflected by trips landing between 500-2,500 lb (226-
1,134 kg), which accounted for 3.4 million lb (1,542 mt) of landings
valued at $4.0 million during 2016. Average vessel revenue for the 123
vessels that took these trips was $32,303, representing 5.2 percent of
their total average longfin squid landing revenue ($620,887) during
2016.
The Council preferred Alternative 5B because it would better
achieve the objectives of this action. Alternative 5B would provide
additional control over longfin squid catch following the closure of
the directed fishery during Trimester II and reduce negative impacts to
longfin squid and egg mops during the spawning season. Landings after
the 2016 Trimester II closure accounted for 30 percent of overall
landings during that period. Excessive landings during Trimester II
could negatively affect squid productivity and have been shown to
reduce longfin squid catch rates in subsequent seasons. Unlike the no
action alternative (Alternative 5A) and Alternative 5C, the preferred
alternative would help prevent excessive longfin catch by reducing
incentives to target longfin squid under a very low incidental
possession limit based on input from the Council's Advisory Panel.
During 2016, only one percent of longfin squid landings after the
Trimester II closure occurred on trips landing 250 lb (113 kg) or less,
suggesting that the proposed action would essentially eliminate
excessive catch and more effectively ensure that landings do not exceed
allowable limits during Trimester II. Although Alternative 5B would
result in the highest potential foregone revenues among alternatives
considered, if longfin squid remain available into Trimester III or
future longfin squid productivity increases due to reduced effort
during the spawning season, the preferred alternative may produce
higher future economic returns than other alternatives.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: August 27, 2018.
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. 648.2, revise the definition of ``Atlantic Mackerel, Squid,
and Butterfish Monitoring Committee'' and add definitions for
``Calendar day,'' ``Directed fishery,'' and ``Incidental catch'' in
alphabetical order to read as follows:
Sec. 648.2 Definitions.
* * * * *
Atlantic Mackerel, Squid, and Butterfish Monitoring Committee means
the committee made up of staff representatives of the MAFMC and the
NEFMC, and the Greater Atlantic Regional Fisheries Office and NEFSC of
NMFS. The MAFMC Executive Director or a designee chairs the Committee.
* * * * *
Calendar day, with respect to the squid and butterfish fisheries,
means the 24-hr period beginning at 0001 hours and ending at 2400
hours,
* * * * *
Directed fishery, with respect to the longfin squid, Illex squid,
and butterfish fisheries, means commercial fishery operations in which
more than an incidental catch of each species, as defined in this
section, is retained by a vessel.
* * * * *
Incidental catch, with respect to the longfin squid, Illex squid,
and butterfish fisheries, means less than 250 lb (113 kg) of longfin
squid, 10,000 lb (4,536 kg) of Illex squid, or 600 lb (272 kg) of
butterfish retained on board the vessel.
* * * * *
0
3. In Sec. 648.4, revise paragraph (a)(5) to read as follows:
Sec. 648.4 Vessel permits.
(a) * * *
(5) Mackerel, squid, and butterfish vessels. Any vessel of the
United States, including party and charter vessels, must have been
issued and carry on board a valid vessel permit to fish for, possess,
or land Atlantic mackerel, squid, or butterfish in or from the EEZ.
(i) Longfin squid moratorium permits.
(A) Eligibility. To be eligible to apply for a moratorium permit to
fish for and retain longfin squid in excess of the incidental catch
allowance in paragraph (a)(5)(vi) of this section in the EEZ, a vessel
must have been issued a longfin squid moratorium permit for the
preceding year, be replacing a vessel that was issued a moratorium
permit for the preceding year, or be replacing a vessel that was issued
a confirmation of permit history. Beginning in fishing year 2018, a
vessel may be eligible for and could be issued a Tier 1, Tier 2, or
Tier 3 longfin squid moratorium permit if the vessel and associated
fishing history meet the criteria described under paragraphs
(a)(5)(i)(A)(1) through (3) of this section.
(1) Tier 1 longfin squid moratorium permit. Beginning on [date 90
days after the date of publication of the final rule in the Federal
Register], the Regional Administer shall automatically issue a Tier 1
longfin squid moratorium permit to any vessel that is issued a longfin
squid/butterfish moratorium permit or eligible to be issued such a
permit held in confirmation of permit history (CPH) during calendar
year 2018 that meets the eligibility criteria in this paragraph
(a)(5)(i)(A)(1). To be eligible for a Tier 1 permit, a vessel must have
been issued a valid longfin squid/butterfish moratorium permit and
landed more than 10,000 lb (4,536 kg) of longfin squid in at least one
calendar year between January 1, 1997, and December 31, 2013. Fishing
history, including for a permit held in confirmation of permit history,
can be used by a vessel to qualify for and be issued a Tier 1 longfin
squid moratorium permit, provided the Regional Administrator has
determined that the fishing and permit history of such vessel has been
lawfully retained by the applicant. Landings data used in this
qualification must be verified by dealer reports submitted to NMFS. A
vessel that was not automatically issued a Tier 1 longfin squid
moratorium permit may apply for such a permit in accordance with
paragraph (a)(5)(i)(B) of this section.
(2) Tier 2 longfin squid moratorium permit. Beginning on [date 90
days after the date of publication of the final rule in the Federal
Register], the Regional Administer shall automatically issue a Tier 2
longfin squid moratorium permit to any vessel that is issued a longfin
squid/butterfish moratorium permit or eligible to be issued such a
permit held in CPH during fishing year 2018 that does not qualify for a
Tier 1 longfin squid moratorium permit, as described in paragraph
(a)(5)(i)(A)(1) of this section.
[[Page 44556]]
(3) Tier 3 longfin squid moratorium permit. To be issued a Tier 3
permit, a vessel must have been issued an open access squid/butterfish
permit and landed more than 5,000 lb (2,268 kg) of longfin squid in at
least one calendar year between January 1, 1997, and December 31, 2013.
Landings data used in this qualification must be verified by dealer
reports submitted to NMFS.
(B) Application/renewal restriction. See paragraph (a)(1)(i)(B) of
this section. Unless automatically issued a Tier 1 or 2 longfin squid
moratorium permit in accordance with paragraphs (a)(5)(i)(A)(1) or (2)
of this section, beginning on [date 90 days after the date of
publication of the final rule in the Federal Register], a vessel owner
may submit an initial application for a longfin squid moratorium permit
described in paragraph (a)(5)(i)(A)(1) through (3) of this section. The
initial application must be received by NMFS or postmarked no later
than [date 455 days after the date of publication of the final rule in
the Federal Register]. An initial application for a longfin squid
moratorium permit that is not postmarked before [date 455 days after
the date of publication of the final rule in the Federal Register],
will not be processed because of this regulatory restriction, and will
be returned to the sender with a letter explaining the reason for its
return.
(C) Qualification restriction. See paragraph (a)(1)(i)(C) of this
section. Longfin squid landings history generated by separate owners of
a single vessel at different times during the qualification period for
a longfin squid moratorium permit may be used to qualify more than one
vessel, provided that each owner applying for such a permit
demonstrates that he/she created distinct fishing histories, that such
histories have been retained, and if the vessel was sold, that each
applicant's eligibility and fishing history is distinct.
(D) Change in ownership. See paragraph (a)(1)(i)(D) of this
section.
(E) Replacement vessels. With the exception of a vessel issued a
longfin squid Tier 3 moratorium permit, to be eligible for a longfin
squid moratorium permit, a replacement vessel must meet the criteria
specified in paragraph (a)(1)(i)(E) of this section.
(F) Upgraded vessel. With the exception of a vessel issued a
longfin squid Tier 3 moratorium permit, the upgrade provisions in
paragraph (a)(1)(i)(F) of this section apply to a vessel issued a
longfin squid moratorium permit.
(G) Consolidation restriction. See paragraph (a)(1)(i)(G) of this
section.
(H) Vessel baseline specifications. With the exception of a vessel
issued a longfin squid Tier 3 moratorium permit, the vessel baseline
specification measures specified in paragraph (a)(3)(i)(H) of this
section apply to a vessel issued a longfin squid moratorium permit.
(I) One-time longfin squid moratorium permit swap. An entity that
owns multiple vessels issued longfin squid/butterfish moratorium
permits as of May 26, 2017, has a one-time opportunity to swap one Tier
1 longfin squid moratorium permit issued to one of its vessels with a
longfin squid Tier 2 moratorium permit issued to another of its
vessels. No other fishery permits issued under this section may be
transferred pursuant to this paragraph (a)(5)(i)(I). To be eligible for
the one-time longfin squid moratorium permit swap, the following
conditions must be met:
(1) An application to swap longfin squid moratorium permits must be
received by the Regional Administrator within one year of the Regional
Administrator's final decision on the issuance of the longfin squid
Tier 1 or Tier 2 moratorium permits to be exchanged;
(2) At the time of the application, the owner of record for both
vessels and permits involved in the permit swap must be identical to
the owner of record of the same two vessels issued the associated
longfin squid/butterfish moratorium permits as of May 26, 2017;
(3) The length overall of the vessel upon which a longfin squid
moratorium permit would be placed may not exceed the length overall
associated with that individual permit's vessel baseline specifications
by more than 10 percent; and
(4) The horsepower of the vessel upon which a longfin squid
moratorium permit would be placed may not exceed the horsepower
associated with that individual permit's vessel baseline specifications
by more than 20 percent.
(J) Confirmation of permit history. See paragraph (a)(1)(i)(J) of
this section.
(K) Abandonment or voluntary relinquishment of permits. See
paragraph (a)(1)(i)(K) of this section.
(L) Restriction on permit splitting. See paragraph (a)(1)(i)(L) of
this section.
(M) Appeal of permit denial.
(1) Eligibility. Any applicant eligible to apply for a longfin
squid moratorium permit who is denied such permit by the Regional
Administrator may appeal the denial to the Regional Administrator
within 30 days of the notice of denial.
(2) Appeal review. Review of the Regional Administrator's decisions
on longfin squid moratorium permit issuance will be conducted by the
NOAA Fisheries National Appeals Office pursuant to the procedures set
forth in 15 CFR part 906, unless otherwise modified by the procedures
described here. The National Appeals Office shall make findings and
submit its decision to the Regional Administrator and the applicant.
The Regional Administrator will review the National Appeals Office
decision and make a final decision regarding any appeal in accordance
with 15 CFR 906.17. The Regional Administrator's decision is the final
decision of the Department of Commerce.
(i) Appeal request. An appeal of the denial of an initial permit
application must be made in writing and submitted to and received by
the Regional Administrator or postmarked no later than 30 days after
the denial of an initial longfin squid moratorium permit application.
Upon receipt, the Regional Administrator shall forward each appeal
request to the National Appeals Office. Appeals must be based on the
grounds that the information used by the Regional Administrator in
denying the original permit application was incorrect. Items subject to
appeal include, but are not limited to, the accuracy of the amount of
landings, the correct assignment of landings to a vessel and/or permit
holder, and the issuance of a permit to a particular entity. The appeal
request must state the specific grounds for the appeal, and include
information to support the appeal. An appellant may request a hearing
by including a concise statement raising genuine and substantial issues
of a material fact or law that cannot be resolved based on the
documentary evidence alone. An appellant may also request a letter of
authorization (LOA), as described in paragraph (a)(5)(i)(M)(3) of this
section, to continue to fish during an appeal. If the appeal of the
denial of the permit application is not made within 30 days, the denial
of the permit application shall constitute the final decision of the
Department of Commerce. The appeal will not be reviewed without
submission of information in support of the appeal.
(ii) Reconsideration. Should the National Appeals Office deny an
appeal request submitted according to paragraph (a)(5)(i)(M)(2)(i) of
this section, the applicant may request a reconsideration of the appeal
by the National Appeals Office. A reconsideration request must be made
in writing and submitted to the National Appeals Office within 10 days
of that office's decision on the appeal, as
[[Page 44557]]
instructed by the National Appeals Office.
(3) Status of vessels pending appeal. A vessel denied a longfin
squid moratorium permit may fish for longfin squid while the decision
on the appeal is pending within NMFS, provided that the denial has been
appealed, the appeal is pending, and the vessel has on board an LOA
from the Regional Administrator authorizing the vessel to fish under
the longfin squid moratorium permit category for which the applicant
has submitted an appeal. A request for an LOA must be made when
submitting an appeal of the denial of the permit application. The
Regional Administrator will issue such a letter for the pending period
of any appeal. The LOA must be carried on board the vessel. If the
appeal is finally denied, the Regional Administrator shall send a
notice of final denial to the vessel owner; the authorizing letter
becomes invalid 5 days after the receipt of the notice of denial, but
no later than 10 days from the date of the letter of denial.
(ii) Illex squid and butterfish moratorium permits.
(A) Eligibility. To be eligible to apply for a moratorium permit to
fish for and retain Illex squid or butterfish in excess of the
incidental catch allowance in paragraph (a)(5)(iv) of this section in
the EEZ, a vessel must have been issued an Illex squid or butterfish
moratorium permit for the preceding year, be replacing a vessel that
was issued a moratorium permit for the preceding year, or be replacing
a vessel that was issued a confirmation of permit history. Beginning on
[date 90 days after the date of publication of the final rule in the
Federal Register], a vessel that was previously issued a longfin squid/
butterfish moratorium permit during fishing year 2018 shall be
automatically issued a separate butterfish moratorium permit.
(B) Application/renewal restriction. See paragraph (a)(1)(i)(B) of
this section.
(C) Qualification restriction. See paragraph (a)(1)(i)(C) of this
section.
(D) Change in ownership. See paragraph (a)(1)(i)(D) of this
section.
(E) Replacement vessels. See paragraph (a)(1)(i)(E) of this
section.
(F) Upgraded vessel. See paragraph (a)(1)(i)(F) of this section.
(G) Consolidation restriction. See paragraph (a)(1)(i)(G) of this
section.
(H) Vessel baseline specifications. See paragraph (a)(3)(i)(H) of
this section.
(I) [Reserved]
(J) Confirmation of permit history. See paragraph (a)(1)(i)(J) of
this section.
(K) Abandonment or voluntary relinquishment of permits. See
paragraph (a)(1)(i)(K) of this section.
(L) Restriction on permit splitting. See paragraph (a)(1)(i)(L) of
this section.
(iii) Limited access Atlantic mackerel permits. (A) Vessel size
restriction. A vessel of the United States is eligible for and may be
issued an Atlantic mackerel permit to fish for, possess, or land
Atlantic mackerel in or from the EEZ, except for any vessel that is
greater than or equal to 165 ft (50.3 m) in length overall (LOA), or
greater than 750 gross registered tons (680.4 mt), or the vessel's
total main propulsion machinery is greater than 3,000 horsepower.
Vessels that exceed the size or horsepower restrictions may seek to
obtain an at-sea processing permit specified in Sec. 648.6(a)(2)(i).
(B) Limited access mackerel permits. A vessel of the United States
that fishes for, possesses, or lands more than 20,000 lb (9,072 kg) of
mackerel per trip, except vessels that fish exclusively in state waters
for mackerel, must have been issued and carry on board one of the
limited access mackerel permits described in paragraphs
(a)(5)(iii)(B)(1) through (3) of this section, including both vessels
engaged in pair trawl operations.
(1) Tier 1 Limited Access Mackerel Permit. A vessel may fish for,
possess, and land mackerel not subject to a trip limit, provided the
vessel qualifies for and has been issued this permit, subject to all
other regulations of this part.
(2) Tier 2 Limited Access Mackerel Permit. A vessel may fish for,
possess, and land up to 135,000 lb (50 mt) of mackerel per trip,
provided the vessel qualifies for and has been issued this permit,
subject to all other regulations of this part.
(3) Tier 3 Limited Access Mackerel Permit. A vessel may fish for,
possess, and land up to 100,000 lb (37.3 mt) of mackerel per trip,
provided the vessel qualifies for and has been issued this permit,
subject to all other regulations of this part.
(C) Eligibility criteria for mackerel permits. To be eligible to
apply for a Tier 1, Tier 2, or Tier 3 limited access mackerel permit to
fish for and retain Atlantic mackerel in excess of the incidental catch
allowance in paragraph (a)(5)(vi) of this section in the EEZ, a vessel
must have been issued a Tier 1, Tier 2, or Tier 3 limited access
mackerel permit, as applicable, for the preceding year, be replacing a
vessel that was issued a limited access permit for the preceding year,
or be replacing a vessel that was issued a confirmation of permit
history.
(D) Application/renewal restrictions. See paragraph (a)(1)(i)(B) of
this section.
(E) Qualification restrictions. (1) See paragraph (a)(1)(i)(C) of
this section.
(F) Change of ownership. See paragraph (a)(1)(i)(D) of this
section.
(G) Replacement vessels. See paragraph (a)(1)(i)(E) of this
section.
(H) Vessel baseline specification. (1) In addition to the baseline
specifications specified in paragraph (a)(1)(i)(H) of this section, the
volumetric fish hold capacity of a vessel at the time it was initially
issued a Tier 1 or Tier 2 limited access mackerel permit will be
considered a baseline specification. The fish hold capacity measurement
must be certified by one of the following qualified individuals or
entities: an individual credentialed as a Certified Marine Surveyor
with a fishing specialty by the National Association of Marine
Surveyors (NAMS); an individual credentialed as an Accredited Marine
Surveyor with a fishing specialty by the Society of Accredited Marine
Surveyors (SAMS); employees or agents of a classification society
approved by the Coast Guard pursuant to 46 U.S.C. 3316(c); the Maine
State Sealer of Weights and Measures; a professionally-licensed and/or
registered Marine Engineer; or a Naval Architect with a professional
engineer license. The fish hold capacity measurement submitted to NMFS
as required in this paragraph (a)(5)(iii)(H)(1) must include a signed
certification by the individual or entity that completed the
measurement, specifying how they meet the definition of a qualified
individual or entity.
(2) If a mackerel CPH is initially issued, the vessel that provided
the CPH eligibility establishes the size baseline against which future
vessel size limitations shall be evaluated, unless the applicant has a
vessel under contract prior to the submission of the mackerel limited
access application. If the vessel that established the CPH is less than
20 ft (6.09 m) in length overall, then the baseline specifications
associated with other limited access permits in the CPH suite will be
used to establish the mackerel baseline specifications. If the vessel
that established the CPH is less than 20 ft (6.09 m) in length overall,
the limited access mackerel eligibility was established on another
vessel, and there are no other limited access permits in the CPH suite,
then the applicant must submit valid documentation of the baseline
specifications of the vessel that established the eligibility. The hold
capacity baseline for such vessels will be the hold capacity of the
first replacement vessel after the permits are removed from CPH. Hold
capacity for the replacement vessel must be measured pursuant to
paragraph (a)(5)(iii)(H)(1) of this section.
[[Page 44558]]
(I) Upgraded vessel. See paragraph (a)(1)(i)(F) of this section. In
addition, for Tier 1 and Tier 2 limited access mackerel permits, the
replacement vessel's volumetric fish hold capacity may not exceed by
more than 10 percent the volumetric fish hold capacity of the vessel's
baseline specifications. The modified fish hold, or the fish hold of
the replacement vessel, must be resurveyed by a surveyor (accredited as
in paragraph (a)(5)(iii)(H) of this section) unless the replacement
vessel already had an appropriate certification.
(J) Consolidation restriction. See paragraph (a)(1)(i)(G) of this
section.
(K) Confirmation of permit history. See paragraph (a)(1)(i)(J) of
this section.
(L) Abandonment or voluntary relinquishment of permits. See
paragraph (a)(1)(i)(K) of this section.
(iv) Atlantic mackerel incidental catch permits. Any vessel of the
United States may obtain a permit to fish for or retain up to 20,000 lb
(9,072 kg) of Atlantic mackerel as an incidental catch in another
directed fishery, provided that the vessel does not exceed the size
restrictions specified in paragraph (a)(5)(iii)(A) of this section. The
incidental catch allowance may be revised by the Regional Administrator
based upon a recommendation by the Council following the procedure set
forth in Sec. 648.21.
(v) Party and charter boat permits. The owner of any party or
charter boat must obtain a permit to fish for, possess, or retain in or
from the EEZ mackerel, squid, or butterfish while carrying passengers
for hire.
(vi) Squid/butterfish incidental catch permit. Any vessel of the
United States may obtain a permit to fish for or retain up to 250 lb
(113 kg) of longfin squid, 600 lb (272 kg) of butterfish, or up to
10,000 lb (4,536 kg) of Illex squid, as an incidental catch in another
directed fishery. The incidental catch allowance may be revised by the
Regional Administrator based upon a recommendation by the Council
following the procedure set forth in Sec. 648.22.
* * * * *
0
4. In Sec. 648.7, revise paragraphs (a)(1), (b)(3)(iii), and (f)(2)(i)
to read as follows:
Sec. 648.7 Recordkeeping and reporting requirements.
(a) * * *
(1) Federally permitted dealers, and any individual acting in the
capacity of a dealer, must submit to the Regional Administrator or to
the official designee a detailed report of all fish purchased or
received for a commercial purpose, other than solely for transport on
land, within the time period specified in paragraph (f) of this
section, by one of the available electronic reporting mechanisms
approved by NMFS, unless otherwise directed by the Regional
Administrator. The dealer reporting requirements specified in this
paragraph (a)(1) for dealers purchasing or receiving for a commercial
purpose Atlantic chub mackerel are effective through December 31, 2020.
The following information, and any other information required by the
Regional Administrator, must be provided in each report:
(i) Required information. All dealers issued a dealer permit under
this part must provide: Dealer name; dealer permit number; name and
permit number or name and hull number (USCG documentation number or
state registration number, whichever is applicable) of vessel(s) from
which fish are purchased or received; trip identifier for each trip
from which fish are purchased or received from a commercial fishing
vessel permitted under this part; date(s) of purchases and receipts;
units of measure and amount by species (by market category, if
applicable); price per unit by species (by market category, if
applicable) or total value by species (by market category, if
applicable); port landed; cage tag numbers for surfclams and ocean
quahogs, if applicable; disposition of the seafood product; and any
other information deemed necessary by the Regional Administrator. If no
fish are purchased or received during a reporting week, a report so
stating must be submitted.
(ii) Exceptions. The following exceptions apply to reporting
requirements for dealers permitted under this part:
(A) Inshore Exempted Species, as defined in Sec. 648.2, are not
required to be reported under this part;
(B) When purchasing or receiving fish from a vessel landing in a
port located outside of the Greater Atlantic Region (Maine, New
Hampshire, Massachusetts, Connecticut, Rhode Island, New York, New
Jersey, Pennsylvania, Maryland, Delaware, Virginia and North Carolina),
only purchases or receipts of species managed by the Greater Atlantic
Region under this part, and American lobster, managed under part 697 of
this chapter, must be reported. Other reporting requirements may apply
to those species not managed by the Northeast Region, which are not
affected by this provision; and
(C) Dealers issued a permit for Atlantic bluefin tuna under part
635 of this chapter are not required to report their purchases or
receipts of Atlantic bluefin tuna under this part. Other reporting
requirements, as specified in Sec. 635.5 of this chapter, apply to the
receipt of Atlantic bluefin tuna.
* * * * *
(b) * * *
(3) * * *
(iii) Longfin squid moratorium permit owners or operators. The
owner or operator of a vessel issued a longfin squid moratorium permit
must report catch (retained and discarded) of longfin squid daily via
VMS, unless exempted by the Regional Administrator. The report must
include at least the following information, and any other information
required by the Regional Administrator: Fishing Vessel Trip Report
serial number; month, day, and year longfin squid was caught; total
pounds longfin squid retained and total pounds of all fish retained.
Daily longfin squid VMS catch reports must be submitted in 24-hr
intervals for each day and must be submitted by 0900 hr on the
following day. Reports are required even if longfin squid caught that
day have not yet been landed. This report does not exempt the owner or
operator from other applicable reporting requirements of this section.
* * * * *
(f) * * *
(2) * * *
(i) For any vessel not issued a NE multispecies; Atlantic herring
permit; or any Atlantic mackerel, longfin squid, Illex squid, or
butterfish permit; fishing vessel log reports, required by paragraph
(b)(1)(i) of this section, must be postmarked or received by NMFS
within 15 days after the end of the reporting month. For any vessel
issued a NE multispecies permit; Atlantic herring permit; or any
Atlantic mackerel, longfin squid, Illex squid, or butterfish permit;
fishing vessel log reports must be postmarked or received by midnight
of the first Tuesday following the end of the reporting week. For the
purposes of this paragraph (f)(2)(i), the date when fish are offloaded
will establish the reporting week or month the VTR must be submitted to
NMFS, as appropriate.
* * * * *
0
5. In Sec. 648.10, revise paragraphs (b)(9) through (11), (e)(5)(i),
(o), and (p); and add paragraph (b)(12) to read as follows:
Sec. 648.10 VMS and DAS requirements for vessel owners/operators.
* * * * *
(b) * * *
(9) A vessel issued a Tier 1, Tier 2, or Tier 3 limited access
Atlantic mackerel permit;
(10) A vessel issued a Tier 1 or Tier 2 longfin squid moratorium
permit;
(11) A vessel issued an Illex squid moratorium permit; or
[[Page 44559]]
(12) A vessel issued a butterfish moratorium permit.
* * * * *
(e) * * *
(5) * * *
(i) A vessel subject to the VMS requirements of Sec. 648.9 and
paragraphs (b) through (d) of this section that has crossed the VMS
Demarcation Line under paragraph (a) of this section is deemed to be
fishing under the DAS program, the Access Area Program, the LAGC IFQ or
NGOM scallop fishery, or other fishery requiring the operation of VMS
as applicable, unless prior to leaving port, the vessel's owner or
authorized representative declares the vessel out of the scallop, NE
multispecies, monkfish, or any other fishery, as applicable, for a
specific time period. NMFS must be notified by transmitting the
appropriate VMS code through the VMS, or unless the vessel's owner or
authorized representative declares the vessel will be fishing in the
Eastern U.S./Canada Area, as described in Sec. 648.85(a)(3)(ii), under
the provisions of that program.
* * * * *
(o) Longfin squid VMS notification requirement. A vessel issued a
Tier 1 or Tier 2 longfin squid moratorium permit intending to harvest,
possess, or land more than 2,500 lb (1.13 mt) of longfin squid on that
trip must notify NMFS by declaring a longfin squid trip before leaving
port at the start of each trip.
(p) Illex squid VMS notification requirement. A vessel issued an
Illex squid moratorium permit intending to harvest, possess, or land
10,000 lb (4,536 kg) or more of Illex squid on that trip must notify
NMFS by declaring an Illex squid trip before leaving port at the start
of each trip.
* * * * *
0
6. In Sec. 648.11, revise the introductory text in paragraph (n)(2)
and paragraphs (n)(3)(i) and (ii) to read as follows:
Sec. 648.11 At-sea sea sampler/observer coverage.
* * * * *
(n) * * *
(2) Sampling requirements for limited access Atlantic mackerel or
Tier 1 or 2 longfin squid, or butterfish moratorium permit holders. In
addition to the requirements in paragraphs (d)(1) through (7) of this
section, an owner or operator of a vessel issued a limited access
Atlantic mackerel or a longfin squid or butterfish moratorium permit on
which a NMFS-approved observer is embarked must provide observers:
* * * * *
(3) * * *
(i) No vessel issued a limited access Atlantic mackerel permit or a
longfin squid or butterfish moratorium permit may slip catch, as
defined at Sec. 648.2, except in the following circumstances:
(A) The vessel operator has determined, and the preponderance of
available evidence indicates that, there is a compelling safety reason;
or
(B) A mechanical failure, including gear damage, precludes bringing
some or all of the catch on board the vessel for sampling and
inspection; or
(C) The vessel operator determines that pumping becomes impossible
as a result of spiny dogfish clogging the pump intake. The vessel
operator shall take reasonable measures, such as strapping and
splitting the net, to remove all fish that can be pumped from the net
prior to release.
(ii) If a vessel issued any limited access Atlantic mackerel permit
slips catch, the vessel operator must report the slippage event on the
Atlantic mackerel and longfin squid daily VMS catch report and indicate
the reason for slipping catch. Additionally, for a vessel issued a
limited Atlantic mackerel permit or a longfin squid or butterfish
moratorium permit, the vessel operator must complete and sign a
Released Catch Affidavit detailing: The vessel name and permit number;
the VTR serial number; where, when, and the reason for slipping catch;
the estimated weight of each species brought on board or slipped on
that tow. A completed affidavit must be submitted to NMFS within 48 hr
of the end of the trip.
* * * * *
0
7. In Sec. 648.13, revise paragraph (a) to read as follows:
Sec. 648.13 Transfers at sea.
(a) Vessels issued a longfin squid, butterfish, or Illex squid
moratorium permit and vessels issued a squid/butterfish incidental
catch permit may transfer or attempt to transfer or receive longfin
squid, Illex squid, or butterfish only if authorized in writing by the
Regional Administrator through the issuance of a letter of
authorization (LOA).
* * * * *
0
8. In Sec. 648.14, revise paragraphs (g)(1)(i), (g)(1)(ii)(B),
(g)(2)(i), (g)(2)(ii)(A), (g)(2)(ii)(D) and (F), (g)(2)(iii)(A),
introductory text for (g)(2)(v), (g)(2)(v)(A), and (g)(2)(vi); and add
paragraph (g)(2)(ii)(H) to read as follows:
Sec. 648.14 Prohibitions.
(g) * * *
(1) * * *
(i) Possession and landing. Take and retain, possess, or land more
Atlantic mackerel, squid or butterfish than specified under, or after
the effective date of, a notification issued under Sec. Sec. 648.22 or
648.24(d).
(ii) * * *
(B) Transfer longfin squid, Illex squid, or butterfish within the
EEZ, unless the vessels participating in the transfer have been issued
the appropriate LOA from the Regional Administrator along with a valid
longfin squid, butterfish, or Illex squid moratorium permit and are
transferring species for which the vessels are permitted, or a valid
squid/butterfish incidental catch permit.
* * * * *
(2) * * *
(i) General requirement. Fail to comply with any measures
implemented pursuant to Subpart B.
(ii) * * *
(A) Possess more than the incidental catch allowance of longfin
squid, unless issued a longfin squid moratorium permit.
* * * * *
(D) Take and retain, possess, or land mackerel, squid, or
butterfish in excess of a possession limit specified in Sec. 648.26.
* * * * *
(F) Take and retain, possess, or land mackerel after a total
closure specified under Sec. 648.24(b)(1).
* * * * *
(H) Possess more than the incidental catch allowance of butterfish,
unless issued a butterfish moratorium permit.
(iii) * * *
(A) Fish with or possess nets or netting that do not meet the gear
requirements for Atlantic mackerel, longfin squid, Illex squid, 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).
* * * * *
(v) VMS reporting requirements in the directed Atlantic mackerel
longfin squid, and Illex squid fisheries.
(A) Fail to declare via VMS into the directed mackerel, longfin
squid,, or Illex squid fisheries by entering the fishery code prior to
leaving port at the start of each trip if the vessel will harvest,
possess, or land more than an incidental catch of Atlantic mackerel,
longfin squid, or Illex squid and is issued a Limited Access Atlantic
mackerel permit, Tier 1 or Tier 2 longfin squid moratorium permit, or
Illex squid moratorium permit.
* * * * *
(vi) Slip catch, as defined at Sec. 648.2, unless for one of the
reasons specified
[[Page 44560]]
at Sec. 648.11(n)(3)(i) if issued a limited access Atlantic mackerel
permit, or a longfin squid or a butterfish moratorium permit.
* * * * *
0
9. In Sec. 648.22, revise paragraphs (a),(b)(1)(i)(B), (c)(3), and
(c)(6) to read as follows:
Sec. 648.22 Atlantic mackerel, squid, and butterfish specifications.
(a) Initial recommended annual specifications. The Atlantic
Mackerel, Squid, and Butterfish Monitoring Committee (Monitoring
Committee) shall meet annually to develop and recommend the following
specifications for consideration by the Squid, Mackerel, and Butterfish
Committee of the MAFMC:
(1) Illex squid--Initial OY (IOY), including Research Set-Aside
(RSA), domestic annual harvest (DAH), and domestic annual processing
(DAP) for Illex squid, which, subject to annual review, may be
specified for a period of up to 3 years;
(2) Butterfish--ACL; ACT including RSA, DAH, DAP; bycatch level of
the total allowable level of foreign fishing (TALFF), if any; and
butterfish mortality cap for the longfin squid fishery for butterfish;
which, subject to annual review, may be specified for a period of up to
3 years;
(3) Atlantic mackerel--ACL; commercial ACT, including RSA, DAH,
mackerel Tier 3 allocation (up to 7 percent of the DAH), DAP; joint
venture processing (JVP) if any; TALFF, if any; and recreational ACT,
including RSA for mackerel; which, subject to annual review, may be
specified for a period of up to 3 years. The Monitoring Committee may
also recommend that certain ratios of TALFF, if any, for mackerel to
purchases of domestic harvested fish and/or domestic processed fish be
established in relation to the initial annual amounts.
(4) Longfin squid -
(i) IOY, including RSA, DAH, and DAP for longfin squid, which,
subject to annual review, may be specified for a period of up to 3
years; and
(ii) Inseason adjustment, upward or downward, to the specifications
for longfin squid, as specified in paragraph (e) of this section.
(b) * * *
(1) * * *
(i) * * *
(B) Illex squid--Catch associated with a fishing mortality rate of
FMSY.
* * * * *
(c) * * *
(3) The amount of longfin squid, Illex squid, and butterfish that
may be retained and landed by vessels issued the incidental catch
permit specified in Sec. 648.4(a)(5)(vi), and the amount of mackerel
that may be retained, possessed and landed by any of the limited access
mackerel permits described at Sec. 648.4(a)(5)(iii) and the incidental
mackerel permit at Sec. 648.4(a)(5)(iv).
* * * * *
(6) Commercial seasonal quotas/closures for longfin squid and Illex
squid, and allocation for the Tier 3 Limited Access Mackerel permit.
* * * * *
0
10. In Sec. 648.24, revise paragraph (c)(1) to read as follows:
Sec. 648.24 Fishery closures and accountability measures.
* * * * *
(c) * * *
(1) Directed butterfish fishery closure. When the butterfish catch
reaches the butterfish closure threshold as determined in the annual
specifications, NMFS shall implement a 5,000 lb (2,268 kg) possession
limit for vessels issued a butterfish moratorium permit that are
fishing with a minimum mesh size of 3 inches (76 mm). When NMFS
projects that the butterfish catch has reached the butterfish DAH, as
determined in the annual specifications, NMFS shall implement a 600 lb
(272 kg) possession limit for all vessels issued a longfin squid or
butterfish moratorium permit, or a squid/butterfish incidental catch
permit.
* * * * *
0
11. In Sec. 648.25, revise paragraph (a)(4)(i) to read as follows:
Sec. 648.25 Atlantic Mackerel, squid, and butterfish framework
adjustments to management measures.
(a) * * *
(4) * * *
(i) If NMFS concurs with the MAFMC's recommended management
measures and determines that the recommended management measures should
be issued as a final rule based on the factors specified in paragraph
(a)(3) of this section, the measures will be issued as a final rule in
the Federal Register.
* * * * *
0
12. In Sec. 648.26, revise paragraphs (b) through (d) to read as
follows:
Sec. 648.26 Mackerel, squid, and butterfish possession restrictions.
* * * * *
(b) Longfin squid.
(1) Directed fishery. A vessel must be issued a valid longfin squid
moratorium permit to fish for, possess, or land more than 250 lb (113
kg) of longfin squid from or in the EEZ per trip. Unless the directed
fishery is closed pursuant to paragraph Sec. 648.24(a)(1), the
following longfin squid possession limits apply:
(i) Tier 1 moratorium permits. A vessel issued a Tier 1 longfin
squid moratorium permit may possess an unlimited amount of longfin
squid per trip.
(ii) Tier 2 moratorium permits. A vessel issued a Tier 2 longfin
squid moratorium permit may not fish for, possess, or land more than
5,000 lb (2,268 kg) of longfin squid per trip, and may only land
longfin squid once on any calendar day.
(iii) Tier 3 moratorium permits. A vessel issued a Tier 3 longfin
squid moratorium permit may not fish for, possess, or land more than
2,500 lb (1,134 kg) of longfin squid per trip, and may only land
longfin squid once on any calendar day.
(2) Incidental fishery.
(i) A vessel issued an open access squid/butterfish incidental
catch permit may not fish for, possess, or land more than 250 lb (113
kg) of longfin squid from or in the EEZ per trip, and may only land
longfin squid once on any calendar day.
(ii) During a closure of the directed longfin squid fishery in
either Trimester I or III pursuant to paragraph Sec. 648.24(a)(1), a
vessel may not fish for, possess, or land more than 2,500 lb (1,134 kg)
of longfin squid at any time per trip, and may only land longfin squid
once on any calendar day.
(iii) Unless otherwise specified in paragraph (b)(2)(iv) of this
section, during a closure of the directed longfin squid fishery in
Trimester II pursuant to Sec. 648.24(a)(1), a vessel may not fish for,
possess, or land more than 250 lb (113 kg) of longfin squid at any time
per trip, and may only land longfin squid once on any calendar day.
(iv) During a closure of the directed longfin squid fishery in
Trimester II, a vessel issued either a Tier 1 or Tier 2 longfin squid
moratorium permit may possess more than 250 lb (113 kg) of longfin
squid per trip, provided the following conditions are met:
(A) The vessel operator has declared into the directed Illex squid
fishery via VMS, as specified in Sec. 648.10;
(B) The vessel is seaward of the coordinates specified at Sec.
648.23(a)(5);
(C) The vessel possesses more than 10,000 lb (4,536 kg) of Illex
squid on board;
(D) The vessel possesses less than 15,000 lb (6,803 kg) of longfin
squid if issued a Tier 1 longfin squid moratorium permit or 5,000 lb
(2,268 kg) of longfin squid if issued a Tier 2 longfin squid moratorium
permit; and
[[Page 44561]]
(E) All fishing gear is stowed and rendered not available for
immediate use, as defined in Sec. 648.2, once the vessel is landward
of the coordinates specified at Sec. 648.23(a)(5).
(c) Illex squid.
(1) Directed fishery. A vessel must be issued a valid Illex squid
moratorium permit to fish for, possess, or land more than 10,000 lb
(4,536 kg) of Illex squid from or in the EEZ per trip. Unless the
directed fishery is closed pursuant to paragraph Sec. 648.24(a)(2), a
vessel issued an Illex moratorium permit may possess an unlimited
amount of Illex squid per trip.
(2) Incidental fishery. A vessel may not fish for, possess, or land
more than 10,000 lb (4,536 kg) of Illex squid per trip at any time, and
may only land Illex squid once on any calendar day if:
(i) A vessel is issued an open access squid/butterfish incidental
catch permit; or
(ii) A vessel is issued an Illex moratorium permit and the directed
fishery is closed pursuant to paragraph Sec. 648.24(a)(2).
(d) Butterfish. Any vessel issued a butterfish permit under this
part may only land butterfish once on any calendar day.
(1) Directed fishery. A vessel must be issued a butterfish
moratorium permit to fish for, possess, or land more than 600 lb (272
kg) of butterfish per trip.
(i) Vessels fishing with larger mesh. A vessel issued a butterfish
moratorium permit fishing with a minimum mesh size of 3 inches (76 mm)
is authorized to fish for, possess, or land butterfish with no
possession restriction in the EEZ per trip, provided that directed
butterfish fishery has not been closed and the reduced possession limit
has not been implemented, as specified in Sec. 648.24(c)(1). When
butterfish harvest is projected to reach the threshold for the
butterfish fishery, as specified in Sec. 648.24(c)(1), these vessels
may not fish for, possess, or land more than 5,000 lb (2,268 kg) of
butterfish per trip at any time. When butterfish harvest is projected
to reach the DAH limit, as specified in Sec. 648.24(c)(1), these
vessels may not fish for, possess, or land more than 600 lb (272 kg) of
butterfish per trip at any time.
(ii) Vessels fishing with smaller mesh. A vessel issued a
butterfish moratorium permit fishing with mesh less than 3 inches (76
mm) may not fish for, possess, or land more than 5,000 lb (2,268 kg) of
butterfish per trip at any time, 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 (272 kg) of butterfish per trip at any time.
(2) Incidental fishery. A vessel issued a squid/butterfish
incidental catch permit, regardless of mesh size used, may not fish
for, possess, or land more than 600 lb (272 kg) of butterfish per trip
at any.
* * * * *
[FR Doc. 2018-18934 Filed 8-30-18; 8:45 am]
BILLING CODE 3510-22-P