[Federal Register Volume 83, Number 240 (Friday, December 14, 2018)]
[Rules and Regulations]
[Pages 64257-64269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27067]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Part 648
[Docket No. 170828816-8999-02]
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: Final rule.
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SUMMARY: NMFS approves and implements through regulations measures
included in Amendment 20 to the Atlantic Mackerel, Squid, and
Butterfish Fishery Management Plan, as adopted by the Mid-Atlantic
Fishery Management Council. 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. This action is intended to 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: This final rule is effective March 1, 2019.
ADDRESSES: The Mid-Atlantic Fishery Management Council prepared an
environmental assessment (EA) for this action that describes the
Council's preferred measures and other considered alternatives and the
potential impacts of such alternatives. Copies of the Amendment 20
document, including the EA, the Regulatory Impact Review (RIR), and the
Regulatory Flexibility Act (RFA) 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/RIR/RFA analysis is also accessible
via the internet at http://www.mafmc.org/s/Squid-Amendment-EA.pdf and
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0110. Copies of the
small entity compliance guides prepared for this action are available
from Michael Pentony, Regional Administrator, NMFS, Greater Atlantic
Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA
01930-2298, or available on the internet at: https://www.greateratlantic.fisheries.noaa.gov/sustainable/species/.
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
The purpose of Amendment 20 is to reduce latent (unused) effort in
the longfin squid fishery and adjust the management of the fishery
during Trimester II to avoid overharvesting the longfin squid resource
and harming squid egg masses. The Mid-Atlantic Fishery Management
Council is concerned that unused longfin squid/butterfish moratorium
permits could be activated. This could lead to excessive fishing
effort, which could lead to premature fishery closures and reduced
access to available longfin squid quota by vessels with a history of
higher landings in recent years. Excessive effort may also increase the
bycatch and discards of both longfin squid and non-target species. The
measures adopted by the Council are intended to help prevent excessive
catch during Trimester II, a race to fish, frequent and disruptive
fishery closures, and reduced fishing opportunities for vessels that
are more recently dependent upon longfin squid. Additional information
on the mackerel, squid, and butterfish fisheries can be found online at
http://www.mafmc.org/msb/ and https://www.greateratlantic.fisheries.noaa.gov/sustainable/species/msb/index.html.
On June 7, 2017, the Council adopted final measures for Amendment
20, submitting the draft amendment and EA to NMFS for preliminary
review on June 6, 2018. NMFS published a Notice of Availability (NOA)
in the Federal Register on July 27, 2018 (83 FR 35602), informing the
public that the Council had submitted this amendment to the Secretary
of Commerce for review and approval. NMFS published a proposed rule
that included implementing regulations and corrections to existing
regulations on August 31, 2018 (83 FR 44548). The public comment period
for the NOA ended on September 25, 2018, while proposed rule comments
were accepted through October 1, 2018. After
[[Page 64258]]
considering public comment on both the NOA and proposed rule, NMFS
approved Amendment 20 and the associated measures outlined in the
proposed rule on October 22, 2018.
Approved Measures
NMFS approved all measures proposed in Amendment 20, as described
below.
1. Separate Butterfish Moratorium Permit
This action separates the current longfin squid/butterfish
moratorium permit into a new butterfish moratorium permit and a
separate, revised longfin squid moratorium permit, as described further
below. The Regional Administrator will automatically issue a new
butterfish moratorium permit to all entities currently issued a 2018
longfin squid/butterfish moratorium permit, including those held in
confirmation of permit history (CPH) in February 2019, as part of the
annual permit renewal process. The new butterfish moratorium permit
will become effective on March 1, 2019.
The existing permit restrictions and vessel trip report (VTR),
observer, slippage, and transfers-at-sea requirements applicable to
longfin squid/butterfish moratorium permits also apply to the new
butterfish moratorium permit, as listed below. Butterfish moratorium
permits will maintain existing vessel permit baseline characteristics,
vessel replacement and upgrade provisions, and the restriction on
permit splitting associated with the previous longfin squid/butterfish
moratorium permit. The new butterfish moratorium permit must maintain
an operational vessel monitoring system (VMS) unit to provide NMFS with
automatic position reports, but is not required to submit a specific
butterfish trip declaration using the VMS or submit daily VMS catch
reports of butterfish. For example, a vessel operator targeting
butterfish can continue to declare a longfin squid trip via VMS if the
operator anticipates catching more than an incidental amount of longfin
squid on that trip. Finally, the existing butterfish possession limits
specified at 50 CFR 648.26(d)(1) and (2) (unlimited when fishing with a
mesh size of 3 inches (76 mm) or greater, and 5,000 lb (2,268 kg) per
trip when fishing with less than 3-inch (76-mm) mesh) remain the same
for this new permit.
2. Tier 1 Longfin Squid Moratorium Permit
In February 2019, the Regional Administrator will automatically
issue a new Tier 1 longfin squid moratorium permit to any vessel
currently issued a 2018 longfin squid/butterfish moratorium permit,
including those currently held in CPH, that landed at least 10,000 lb
(4,536 kg) of longfin squid in any year from 1997-2013. Eligibility
will be based on fishing history documented through dealer reports. The
new Tier 1 longfin squid moratorium permit will become effective March
1, 2019.
Any vessel owner, including those automatically issued a Tier 2
permit described below, may apply for a Tier 1 longfin squid permit
through February 29, 2020. The Regional Administrator will notify any
vessel owner that does not qualify to be issued a new Tier 1 longfin
squid moratorium permit based on the criteria described above. An owner
could appeal that decision within 30 days of the denial notice by
submitting a written request to the Regional Administrator. 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 authorize his/her vessel to continue fishing
for longfin squid under the measures for a Tier 1 permit until that
appeal is completed. The NOAA Fisheries National Appeals Office will
review all appeals submitted to the Regional Administrator.
Tier 1 longfin squid moratorium permits are 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 may 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. Tier 1 permits may 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 in the area defined in the current regulations at Sec.
648.23(a)(5).
3. Tier 2 Longfin Squid Moratorium Permit
In February 2019, the Regional Administrator will automatically
issue a Tier 2 longfin squid moratorium permit to any vessel currently
issued a 2018 longfin squid/butterfish moratorium permit, including
those held in CPH, that does not qualify for a Tier 1 longfin squid
moratorium permit based on the criteria described above. The Tier 2
permit will become effective March 1, 2019.
A Tier 2 permit is subject to all measures applicable to the
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 is only 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. A Tier 2 moratorium permit may
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 if 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 in the area
specified at Sec. 648.23(a)(5).
4. Tier 3 Longfin Squid Incidental Permit
Amendment 20 creates a new Tier 3 longfin squid moratorium permit
for vessels previously issued an open access squid/butterfish
incidental catch permit that landed more than 5,000 lb (2,268 kg) of
longfin squid in at least one calendar year from 1997-2013. A vessel
owner must apply for a Tier 3 longfin squid moratorium permit by
submitting an application to the Regional Administrator by February 29,
2020.
The Regional Administrator will notify the owner of a vessel permit
that does not qualify for a new Tier 3 longfin squid moratorium permit.
An owner can appeal that decision within 30 days of the denial notice
by submitting a written request to the Regional Administrator. The NOAA
Fisheries National Appeals Office will review all appeals submitted to
the Regional Administrator. Appeals can be based upon evidence that the
information used in the original denial was incorrect. During an
appeal, a vessel owner can 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 is 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 are not issued a vessel baseline and are not subject to the
vessel upgrade provisions. A Tier 3 longfin squid moratorium permit may
land up to 2,500 lb (1,134 kg) of longfin squid per trip, unless the
[[Page 64259]]
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 allows 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. A vessel owner may move
a qualified Tier 1 longfin squid moratorium permit from one of his/her
vessels and place it on another vessel issued a Tier 2 longfin squid
moratorium permit that is owned by that same entity. 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 to
complete the ``swap'' of permits.
Only permits issued to vessels owned by the same business entity as
of May 26, 2017, are able to participate in the permit swap; a permit
held in CPH as of May 26, 2017, is not eligible to participate in this
transaction. Vessels involved in the swap must be within 10 percent of
the baseline length overall and 20 percent of the baseline horsepower
of the permit to be placed on each vessel. Only Tier 1 and Tier 2
longfin squid moratorium permits may be transferred as part of this
permit swap; no other fishery permits can be swapped as part of this
transaction. An owner must apply for the permit swap within one year of
the issuance of the Tier 1 or Tier 2 longfin squid moratorium permits.
A longfin squid moratorium permit swap application form is available
upon request from the Regional Administrator (see ADDRESSES).
6. Incidental Longfin Squid Possession Limit
Amendment 20 reduces 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, and for all longfin
squid permits once the Trimester II quota has been landed. The longfin
squid incidental limit applicable to all longfin squid moratorium
permits remains 2,500 lb (1,134 kg) per trip for any longfin squid
fishery closure implemented during Trimesters I or III.
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'' is replaced by ``Greater Atlantic Regional Fisheries
Office.'' This rule also adds definitions for ``Calendar day,''
``Directed fishery,'' and ``Incidental catch.''
In Sec. 648.4(a)(5)(iii), paragraphs (C), (D), (E), (H) are
revised and paragraph (M) is deleted to eliminate outdated and
unnecessary regulations regarding Atlantic mackerel moratorium permit
qualifications.
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) is reinserted.
In Sec. 648.10(e)(5)(i), the phrase ``. . . or monkfish fishery''
is replaced with ``monkfish, or any other fishery'' to maintain
consistency with other language in this paragraph and related text in
paragraph (e)(5)(ii).
In Sec. 648.13, paragraph (a) is 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 by the Regional Administrator to transfer longfin squid,
butterfish, or Illex squid at sea.
In Sec. 648.14, the following corrections are made:
1. The introductory text to paragraph (g)(1)(i) is 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 . . .''
2. Paragraph (g)(1)(ii)(B) is revised to use the term ``Illex
squid.''
3. Paragraph (g)(2)(i) is revised to reference Subpart B instead of
Sec. 648.22.
4. Paragraph (g)(2)(ii)(D) and (F) are 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.
5. Paragraph (g)(2)(v) is revised to replace ``limited access''
with ``directed'' to reference the Atlantic mackerel, longfin squid,
and Illex squid fisheries.
In Sec. 648.22, the following corrections are made:
1. In paragraph (a), species headings are added to clarify which
elements are to be identified for each species during the
specifications process and to spell out terms used for the first time
in the regulations.
2. The term ``Illex squid'' replaces the term ``Illex'' for clarity
in several paragraphs.
3. In paragraph (c)(3), the reference to Sec. 648.4(1)(5)(ii) is
replaced with reference to Sec. 648.4(a)(5)(vi).
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.
Comments and Responses
During the public comment periods for the NOA and the proposed rule
for this amendment, we received six comments from six individuals, two
of which were not responsive to the action. One individual expressed
general opposition to the rule, Lund's Fisheries supported all proposed
measures, and Pew Charitable Trusts along with one individual supported
some, but not all of the proposed measures. The following discussion
summarizes the issues raised in the comments that were relevant to this
action and associated NMFS's responses. Please note that, pursuant to
section 304(a)(3) of the Magnuson-Stevens Act, when NMFS considers the
responses to comments, NMFS may only approve or disapprove measures
proposed in a particular fishery management plan, amendment, or
framework adjustment, and may not change or substitute any measure in a
substantive way.
General Comments
Comment 1: Pew Charitable Trusts recommended that NMFS disapprove
the Council's decision to not implement a spawning closure under
Amendment 20. Pew suggested NMFS implement a 12-mile spawning closure
for bottom trawl vessels south of Marthas Vineyard and Nantucket to
limit the catch of pre-spawned squid, bycatch of squid egg mops and
predator species, and negative impacts to squid egg mops and the
greater ecosystem. Pew asserts that the Council's decision to not
implement a spawning closure is inconsistent with analysis in the
Amendment 20 EA, stating that spawning closure options were analyzed in
full during the amendment process and are supported by the best
available science.
Response: As noted above, NMFS may only approve or disapprove
measures proposed in a particular amendment. Because the Council did
not adopt a spawning closure area in this action, there is nothing for
us to disapprove in Amendment 20 and we cannot unilaterally implement
such a closure through this action.
The Amendment 20 EA includes some analysis of the impacts of squid
fishing on squid egg mops and future recruitment and fishery catch, but
does not include any analysis of specific closure areas considered
early in the
[[Page 64260]]
development of this action. The Council decided to remove such areas
from further consideration at its December 2016 meeting for possible
development in a future action. The Council understood the interest in
such areas to be more related to user conflicts than squid
productivity, as closure areas would likely shift effort from one small
area into other areas during Trimester II without reducing overall
catch. At its December 2017 meeting, the Council deferred further
development of spawning closures until it could evaluate the effects of
measures included in Amendment 20, suggesting that the Amendment 20
measures may be sufficient to address some of the concerns regarding
excessive fishing effort south of Martha's Vineyard and Nantucket.
Longfin Squid and Butterfish Moratorium Permits
Comment 2: One individual suggested that there should be zero
moratorium permits, indicating that fish species are being overfished
and going extinct due to insufficient enforcement of vessel catch.
Lund's Fisheries supported the creation of the longfin squid tiered
permitting system, stating that it better controls longfin squid
landings, avoids excessive catch following the closure of the Trimester
II fishery, minimizes discards of other species, prevents the
reactivation of latent effort, and maximizes economic opportunities for
active participants. Lund's Fisheries also noted that the Tier 2 permit
preserves more recent fishing patterns and minimizes squid discards
when targeting other species, while the Tier 3 permit eliminates a
loophole that previously allowed owners to cancel their federal longfin
squid permits to take advantage of higher landing allowances in state
waters. Finally, Lund's Fisheries supported creating a separate
butterfish moratorium permit, stating that it avoids unintentionally
reducing domestic fishing capacity for butterfish.
Response: We disagree that there should be zero moratorium permits.
As noted by Lund's Fisheries, limiting access to a fishery through
moratorium permits provides many benefits to the fishery and the
resource, including greater control of fishery landings by limiting the
number of vessels that may participate in the fishery and how much each
vessel may catch. The Tier 3 permit covers past incidental catch of
longfin squid, particularly by vessels targeting other species such as
whiting. This should help reduce the potential for excessive fishing
effort, better control longfin squid catch, and avoid discards that may
have otherwise occurred under the reduced longfin squid possession
limit for open access squid/butterfish incidental permits implemented
by this action. A separate butterfish permit preserves fishing
opportunities for that species and could help maintain or even expand a
domestic fishery consistent with the objectives of the FMP. Therefore,
we approved the Amendment 20 changes to longfin squid and butterfish
moratorium permits, and we are implementing the proposed regulations
through this final rule.
Comment 3: One individual supported a tiered longfin squid permit
system, but indicated the proposed landings qualification criteria
(less than 30 lb (14 kg) per day) is too low, does not represent even
part-time fishing for longfin squid, and is not fair to full-time squid
vessels that originally developed this fishery.
Response: The Council recognized that the preferred landings
qualification criteria represents just four trips under the current
incidental trip limit to enable more vessels to re-qualify, noting that
only the least active vessels would be impacted by this action. By only
considering landings through 2013 (the control date established for the
fishery), the qualification criteria exclude vessels that had been
inactive until recently, including those that re-entered the fishery in
2016 when participation increased substantially due to higher than
average catch rates that season. This addresses the main concern raised
during scoping hearings and preserves the greatest access to those most
active in the fishery. The creation of a Tier 2 permit recognizes
historic participation in the fishery, and provides such vessels with a
higher level of access to the fishery than an incidental permit. The
Council concluded that the criteria selected represented the best
balance between avoiding a race to fish and ensuring that the fishery
can still achieve optimum yield.
Longfin Squid Moratorium Permit Swap
Comment 4: Lund's Fisheries supported the measure allowing vessel
owners a one-time opportunity to ``swap'' longfin squid moratorium
permits among vessels owned by the same entity. They stated that this
would help optimize fishing operations.
Response: We agree, and implement that measure through this final
rule.
Incidental Longfin Squid Possession Limit
Comment 5: Both Pew Charitable Trusts and Lund's Fisheries
supported reducing the longfin squid possession limit from 2,500 lb
(1,134 kg) to 250 lb (113 kg) for open access longfin squid permits and
for all longfin squid permits once the Trimester II quota is caught.
Pew noted that such a reduction would prevent continued directed
fishing once the Trimester II fishery is closed, mitigate the harmful
effects of squid fishing during the spawning period, decrease the catch
of pre-spawned squid, and limit the destruction of egg mops. Lund's
also notes that it allows more animals to survive the summer fishery to
benefit the fall and winter longfin squid fisheries.
Response: We agree, and implement the reduced longfin squid
incidental possession limits through this final rule.
Corrections and Clarifications to Existing Regulations
Comment 6: Lund's Fisheries suggested that we retain reference to
the Atlantic mackerel landing limit in metric tons instead of changing
it to kilograms in Sec. 648.4(a)(5)(iii)(B), as proposed.
Response: In response to public comment, we have retained reference
to Atlantic mackerel landing limits in metric tons.
Longfin Squid Trimester II Quota Allocation
Comment 7: Pew Charitable Trusts stated that we should disapprove
the Council's decision to take no-action on adjustments to the longfin
squid Trimester II quota allocation and prohibit the roll-over of
unused Trimester I longfin squid quota into Trimester II. Pew is
concerned that excessive catch during Trimester II harms spawning squid
and egg mops, which negatively impacts future squid recruitment. In
conjunction with the reduced longfin squid incidental possession limits
and the spawning closure described in Comment 1 above, it suggests that
reductions in Trimester II fishing effort will benefit the ecosystem
and other species by reducing the catch of longfin squid, which serves
as an important forage species, and the bycatch of summer flounder,
striped bass, and blueback herring.
Response: NMFS may only approve or disapprove measures proposed in
a particular amendment. Because the Council did not adjust the longfin
squid Trimester II quota under Amendment 20, there is nothing for us to
disapprove in this action. The Council may consider such adjustments in
a future action.
As adopted by the Council, Amendment 20 includes several
[[Page 64261]]
measures that reduce longfin squid fishing effort and better control
landings during Trimester II, including revisions to longfin squid
permits and adjustments to possession limits for both moratorium and
incidental catch permits. The Council recognized that eliminating quota
roll-over would additionally limit catch during Trimester II, and that
excessive catch during Trimester II could negatively affect the
species. However, current estimates of longfin squid biomass are well
above target levels. The Council determined that existing quota
allocations were sufficiently precautionary and that measures included
in Amendment 20 were adequate to keep catch from exceeding the current
Trimester II quota.
Changes From the Proposed Rule
The proposed rule suggested revising Sec. 648.4(a)(5)(iii)(B) to
reflect the Atlantic mackerel landing limit in kg instead of mt. Based
on public comment, references to the Atlantic mackerel limits will
continue to be listed in metric tons and will not be changed to
kilograms.
In Sec. 648.4(a)(5)(i)(A) and (B), the proposed rule included a
90-day delay before new longfin squid moratorium permits became
effective or a vessel owner could apply for a permit, respectively. At
the time, this was considered necessary to prepare to issue permits and
process applications. This final rule delays the effective date of the
new longfin squid moratorium permits until March 1, 2019, to align the
issuance of the new permits with the annual permit renewal process.
Therefore, this final rule revises Sec. 648.4(a)(5)(i)(A) and (B) to
indicate the Regional Administrator will begin issuing Tier 1 and 2
permits in February 2019 and to allow vessel owners to begin applying
for such permits once this action becomes effective.
15 CFR part 902.1(b) is revised to include reference to the Office
of Management and Budget (OMB) control number 0648-0679 for the
regulations at 50 CFR 648.4 to reflect the new information collections
associated with the longfin squid moratorium permit measures approved
under Amendment 20 and implemented in this final rule.
Classification
The Administrator, Greater Atlantic Region, NMFS, determined that
Amendment 20 is necessary for the conservation and management of the
longfin squid and butterfish fisheries managed by the Mid-Atlantic
Fishery Management Council and that it is consistent with the Magnuson-
Stevens Fishery Conservation and Management Act and other applicable
laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866. This rule is not an E.O. 13771
regulatory action because this rule is not significant under E.O.
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.
A Final Regulatory Flexibility Act (FRFA) analysis was prepared for
this action. The FRFA incorporates the Initial Regulatory Flexibility
Act (IRFA) analysis, a summary of the significant issues raised by the
public comments in response to the IRFA, NMFS responses to those
comments, a summary of the analyses completed in the Amendment 20 EA,
and this portion of the preamble. A summary of the IRFA was published
in the proposed rule for this action and is not repeated here. A
description of why this action was considered, the objectives of, and
the legal basis for this rule is contained in Amendment 20 and in the
preamble to the proposed and this final rule, and is not repeated here.
All of the documents that constitute the FRFA are available from NMFS
(see ADDRESSES).
Summary of the Significant Issues Raised by Public Comments in Response
to the IRFA
A Summary of the Assessment of the Agency of Such Issues, and a
Statement of Any Changes Made From the Proposed Rule as a Result of
Such Comments
The public did not raise any significant issues in response to the
IRFA, so no changes were made from the proposed rule.
Description and Estimate of the Number of Small Entities to Which This
Final Rule Would Apply
For the purposes of the RFA analysis, the ownership entities (or
firms) 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 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).
This action affects 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 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 affected by this action.
Description of the Projected Reporting, Recordkeeping, and Other
Compliance Requirements of This Final Rule
This final rule contains a collection-of-information requirement
subject to the Paperwork Reduction Act (PRA) and which has been
approved by OMB under control number 0648-0679. 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
[[Page 64262]]
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).
Send comments regarding these burden estimates or any other aspect
of this data collection, including suggestions for reducing the burden,
to NMFS (see ADDRESSES) and by email to [email protected], or
fax to 202-395-7285.
Notwithstanding any other provision of the law, no person is
required to respond to, and no person shall be subject to penalty for
failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB control number.
Description of Steps the Agency Has Taken To Minimize the Significant
Economic Impact on Small Entities Consistent With the Stated Objectives
of Applicable Statutes
For the longfin squid moratorium permit alternatives, measures
implemented by this final rule (Alternative 1C in the EA) more
effectively meet the objectives of this action to reduce latent effort
in the fishery and avoid overharvest during Trimester II than other
alternatives considered. By reducing the number of latent permits and
overall fishing capacity consistent with the control date established
by the Council, this action will help prevent future races to fish,
excess longfin squid catch during Trimester II, and reduced fishing
opportunities for permits that have been more dependent on longfin
squid. This could improve economic returns for the most active
participants in the fishery. Because this action also implements the
Tier 2 permit, vessels that do not qualify for a Tier 1 permit are
still able to continue to participate in the fishery, but at a lower
level than those with higher landings during the qualification period.
In addition, the permit ``swap'' provision allows an owner of multiple
longfin squid moratorium permits to move permits among vessels he/she
owns to optimize operations and maximize longfin squid revenue.
Together, these measures represent 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 for the Tier 1 permit.
The higher Tier 3 longfin squid moratorium permit landings
qualification threshold implemented by this action (Alternative 3C)
more effectively meets the objectives of this action than other
alternatives considered. Approved measures limit vessels without a
history of substantial landings to a smaller possession limit (250 lb
or 113 kg per trip) and maintains the existing longfin squid incidental
possession limit (2,500 lb or 1,134 kg) to minimize longfin squid
discards for permits that had more longfin squid landings in recent
years. These measures recognize historic landings, allowing vessels
landing incidental amounts of longfin squid when targeting other
fisheries to continue to do so, maintaining longfin squid as a source
of fishing revenue on those trips. Reducing the number of vessels that
can land 2,500 lb (1,134 kg) of longfin squid also reduces overall
fishing effort, particularly when longfin squid are nearshore and more
available to the fishery during Trimester II. This could prevent
overfishing and preserve more biomass for future seasons, increasing
future fishing revenues, particularly during Trimester III and
Trimester I of the following year.
Reducing the longfin squid possession limit to 250 (113 kg) per
trip once the Trimester II quota is caught will help prevent excessive
longfin squid catch and reduce negative impacts to longfin squid and
egg mops during the Trimester II spawning season. Unlike the other
alternatives, the measures implemented by this action (Alternative 5B)
provide additional control over longfin squid catch that will
essentially eliminate incentives to target longfin squid once the
Trimester II directed fishery is closed. Excessive landings during
Trimester II could negatively affect squid productivity and have been
shown to reduce longfin squid catch rates in subsequent seasons, which
also reduces future fishing revenues. These measures should help reduce
fishing effort during the spawning season, which could prolong longfin
squid availability into Trimester III and increase future longfin squid
productivity. In doing so, this action may produce higher future
economic returns than the other alternatives considered.
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a letter to permit holders that also serves as
small entity compliance guide (the guide) was prepared. Copies of the
guide (i.e., permit holder letter) will be sent to all entities issued
longfin squid and butterfish permits. The guide and this final rule
will be available upon request from the Regional Administrator (see
ADDRESSES) and online at https://www.greateratlantic.fisheries.noaa.gov/sustainable/species/msb/index.html.
List of Subjects
15 CFR Part 902
Reporting and recordkeeping requirements.
50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: December 10, 2018.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
For the reasons stated in the preamble, 15 CFR part 902 and 50 CFR
part 648 are amended as follows:
Title 15--Commerce and Foreign Trade
PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS
0
1. The authority citation for part 902 continues to read as follows:
Authority: 44 U.S.C. 3501 et seq.
0
2. In Sec. 902.1, in the table in paragraph (b), under the entry ``50
CFR,'' revise the entry for ``648.4'' to read as follows:
Sec. 902.1 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
* * * * *
(b) * * *
------------------------------------------------------------------------
Current OMB control number
CFR part or section where the information (all numbers begin with 0648-
collection requirement is located )
------------------------------------------------------------------------
* * * * *
50 CFR:
* * * * *
648.4..................................... -0202, -0212, -0529, and -
0679
[[Page 64263]]
* * * * *
------------------------------------------------------------------------
* * * * *
Title 50--Wildlife and Fisheries
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
3. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
4. 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
5. 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 in February
2019, 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 in February
2019, 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.
(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, 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 February 29, 2020. An initial
application for a longfin squid moratorium permit that is not
postmarked before February 29, 2020, 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
[[Page 64264]]
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 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 in February
2019, 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
[[Page 64265]]
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 (7.46 mt) 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. 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.
(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
6. 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:
[[Page 64266]]
(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
7. In Sec. 648.10:
0
a. Revise paragraphs (b)(9) through (11);
0
b. Add paragraph (b)(12); and
0
c. Revise paragraphs (e)(5)(i), (o), and (p).
The revisions and addition 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
(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
8. 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
[[Page 64267]]
(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
9. 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
10. In Sec. 648.14:
0
a. Revise paragraphs (g)(1)(i), (g)(1)(ii)(B), (g)(2)(i),
(g)(2)(ii)(A), (D) and (F);
0
b. Add paragraph (g)(2)(ii)(H); and
0
c. Revise paragraphs (g)(2)(iii)(A), the heading of paragraph
(g)(2)(v), and paragraphs (g)(2)(v)(A) and (g)(2)(vi).
The revisions and addition 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 of this part.
(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 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
11. 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
[[Page 64268]]
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
12. 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
13. 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
14. 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
(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 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 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
[[Page 64269]]
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. 2018-27067 Filed 12-13-18; 8:45 am]
BILLING CODE 3510-22-P