[Federal Register Volume 77, Number 218 (Friday, November 9, 2012)]
[Rules and Regulations]
[Pages 67305-67307]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27335]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 120917459-2591-01]
RIN 0648-BC57
Fisheries of the Northeastern United States; Atlantic Mackerel,
Squid, and Butterfish Fisheries; Specifications and Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim final rule.
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SUMMARY: NMFS is implementing revised 2012 specifications for the
butterfish fishery, which is managed as part of the Atlantic Mackerel,
Squid, and Butterfish Fishery Management Plan. This action raises the
butterfish acceptable biological catch (ABC) to 4,200 mt (from 3,622
mt), and specifies the butterfish annual catch target (ACT) at 3,780
mt, the domestic annual harvest (DAH) and domestic annual processing
(DAP) at 872 mt, and the butterfish mortality cap at 3,165 mt. These
specifications promote the utilization and conservation of the
butterfish resource.
DATES: Effective on November 8, 2012. Comments must be received by
November 26, 2012.
ADDRESSES: Copies of the revised 2012 specifications document,
including the Environmental Assessment (EA), is available from John K.
Bullard, Northeast Regional Administrator, National Marine Fisheries
Service, 55 Great Republic Drive, Gloucester, MA 01930. This document
is also accessible via the Internet at http://www.nero.noaa.gov.
You may submit comments, identified by NOAA-NMFS-2012-0209, by any
one of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal www.regulations.gov. To
submit comments via the e-Rulemaking Portal, first click the ``submit a
comment'' icon, then enter NOAA-NMFS-2012-0209 in the keyword search.
Locate the document you wish to comment on from the resulting list and
click on the ``Submit a Comment'' icon on the right of that line.
Mail to NMFS, Northeast Regional Office, 55 Great Republic
Dr, Gloucester, MA 01930. Mark the outside of the envelope ``Comments
on Interim Final 2012 Butterfish Specifications.''
Fax: (978) 281-9135, Attn: Aja Szumylo.
Instructions: Comments must be submitted by one of the above
methods to ensure that they are received, documented, and considered by
NMFS. 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. All comments received are a part of the public record and
will generally be posted for public viewing on www.regulations.gov
without change. All personal identifying information (e.g., name,
address, etc.) submitted voluntarily by the sender will be publicly
accessible. Do not submit confidential business information, or
otherwise sensitive or protected information. NMFS will accept
anonymous comments (enter ``N/A'' in the required fields if you wish to
remain anonymous). Attachments to electronic comments will be accepted
in Microsoft Word or Excel, WordPerfect, or Adobe PDF file formats
only. Comments on this interim final rule will be addressed in the
final rule for 2013 Specifications and Management Measures for the
[[Page 67306]]
Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan.
FOR FURTHER INFORMATION CONTACT: Aja Szumylo, Fishery Policy Analyst,
978-281-9195, fax 978-281-9135.
SUPPLEMENTARY INFORMATION:
Background
At the August 2012 Mid-Atlantic Fishery Management Council
(Council) meeting, several longfin squid industry members expressed
concern that the current 2012 acceptable biological catch (ABC) for
butterfish (3,622 mt) was too conservative, and that the butterfish
mortality cap on the longfin squid fishery derived from this ABC may
close the longfin squid fishery prior to the end of the 2012 fishing
year. In response to this concern, and in light of the Council's
Scientific and Statistical Committee's (SSC) recommended butterfish ABC
for the 2013 fishing year (8,400 mt), the Council requested that the
SSC reconsider its butterfish ABC recommendation for 2012. The SSC met
on September 13, 2012, and revised its 2012 butterfish ABC
recommendation to 4,200 mt based on the information that supported
their 2013 ABC recommendation, and noted that the additional mortality
at the end of the 2012 fishing year should not result in overfishing.
The recommendation of 4,200 mt represents the projected butterfish
mortality on November 1, 2012 (2,800 mt), plus the prorated mortality
that would have been allocated for the months of November and December
(700 mt per month) if the SSC had recommended a 2012 ABC of 8,400 mt
(2,800 mt + (700 mt x 2) = 4,200 mt).
A detailed summary of the SSC's rationale for its 2013 butterfish
ABC recommendation is available in its May 2012 Report (available,
along with other materials from the SSC discussion, at: http://www.mafmc.org/meeting_materials/SSC/2012-05/SSC_2012_05.htm), and
will be discussed in the documentation for the 2013 MSB specifications
recommendations. It is summarized below because of its relevance to
this action.
Because of the uncertainty in the most recent butterfish stock
assessment, on April 6, 2012, the Council requested that NMFS Northeast
Fisheries Science Center (NEFSC) offer additional analysis of the
butterfish stock to aid the SSC in the ABC setting process for the 2013
fishing year. The NEFSC analysis (May 2, 2012, also available with the
SSC meeting report) applied ranges of a number of different factors
(such as natural mortality and survey catchability) to develop a range
of likely stock biomasses that would be consistent with recent survey
results and observed butterfish catch. The NEFSC also examined a range
of fishing mortalities that would result from these biomass estimates.
The SSC used the NEFSC analysis, along with guidance (Patterson, 1992)
that suggests maintaining a natural mortality/fishing mortality ratio
of 67 percent for small pelagic species, to develop a proxy overfishing
limit (OFL) for butterfish. Consistent with the 2010 butterfish
assessment, the SSC assumed a high level of natural mortality (M = 0.8)
and applied the 67-percent ratio to result in a fishing mortality of F
= 0.536, which the SSC used as a proxy maximum fishing mortality rate
threshold for butterfish. In the NEFSC analysis, a catch of 16,800 mt
would only lead to fishing mortality rates higher than F = 0.536 (i.e.,
rates consistent with overfishing based on the maximum fishing
mortality rate threshold proxy) under very extreme assumptions. The SSC
therefore adopted 16,800 mt as a proxy OFL. The SSC buffered the proxy
OFL by 50 percent to reach the butterfish ABC of 8,400 mt. Its
justification for this buffer noted that the short life history of
butterfish gives limited time for management to respond to adverse
patterns, that recruitment of butterfish is highly variable and
uncertain, that the stock status of butterfish is unknown, and that
butterfish are susceptible to environmental and ecosystem variability,
in particular inter-annual variability in natural mortality.
Based on the SSC's revised recommendation, the Council met on
September 14, 2012, and recommended an increase of the butterfish ABC
and annual catch limit (ACL) to 4,200 mt for the remainder of the 2012
fishing year (until December 31, 2012). The Council recommended
maintaining the current 10-percent buffer for management uncertainty
and set an annual catch target (ACT) of 3,780 mt (a 520-mt increase
over the current ACT of 3,260 mt).
The Council also recommended re-specifying the butterfish mortality
cap at 3,165 mt, and the butterfish domestic annual harvest (DAH) and
domestic annual processing (DAP) at 872 mt. The current butterfish
mortality cap on the longfin squid fishery is 2,445 mt, and the Council
proposed using the entire 520 mt added to the ACT to increase the
butterfish mortality cap, as well as transferring 200 mt from the
current DAH (1,072 mt) to the cap, for a total increase of 720 mt
(2,445 mt + 520 mt + 200 mt = 3,165 mt). Butterfish landings and the
butterfish cap are tracked in parallel such that all landings count
against the DAH for quota monitoring, while all butterfish catch
(landings and discards) by vessels that land over 2,500 lb (1.13 mt) of
longfin squid count against the butterfish mortality cap. The Council
requested that 200 mt of the current DAH be moved to the butterfish
mortality cap to balance the use of butterfish in the mortality cap and
the directed fishery, while constraining overall catch within the ABC.
Current landing trends suggest that total 2012 butterfish landing
should not exceed 650 mt, thus transferring an additional 200 mt from
the DAH into the butterfish cap would allow for additional longfin
squid landings without constraining butterfish landings.
NMFS found that there is sufficient scientific justification for
the Council's recommendations, and is implementing the revised
specifications as recommended. The authority for this rulemaking is 50
CFR 648.22(e), which allows the Regional Administrator to adjust
specifications during the fishing year, in consultation with the
Council, by publishing notification in the Federal Register. The
allocations for Research Set-Aside (RSA) and joint venture processing
(JVP) remain as specified in the interim final butterfish
specifications (77 FR 16472; March 21, 2012). The total allowable level
of foreign fishing (TALFF) for butterfish is only specified to address
bycatch by foreign fleets targeting mackerel TALFF. Because there was
no mackerel TALFF specified in the final 2012 specifications for
mackerel, butterfish TALFF is also set at zero.
Table 1--Interim Final Specifications, in Metric Tons (mt), for
Butterfish for the 2012 Fishing Year
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Specifications Butterfish
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OFL........................................................ (\1\)
ABC........................................................ 4,200
ACL........................................................ 4,200
ACT........................................................ 3,780
RSA........................................................ 15
DAH/DAP.................................................... 872
JVP........................................................ 0
TALFF...................................................... 0
Butterfish Mortality Cap................................... 3,165
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\1\ Unknown.
Classification
The Administrator, Northeast Region, NMFS, determined that these
specifications are necessary for the conservation and management of the
butterfish fishery and that they are
[[Page 67307]]
consistent with the Magnuson-Stevens Fishery Conservation and
Management Act and other applicable laws.
The Assistant Administrator for Fisheries, NOAA, finds good cause
under section 553(b)(B) of the Administrative Procedure Act to waive
the requirement that NMFS provide prior notice of this rule and an
opportunity for comment because they are contrary to the public
interest. Allowing time for prior notice and public comment would be
contrary to the public interest because of the unnecessary economic
harm it would cause to the longfin squid fishery. The interim final
2012 butterfish specifications will aid the longfin squid fishery
because the rule will increase the butterfish mortality cap in that
fishery to 3,165 mt (a 720-mt increase from status quo). Recently
available data indicate that the butterfish biomass has sufficiently
increased to allow NMFS to increase the butterfish mortality cap
without risking harm to the species. This action did not allow for
prior public comment because the request for Council reconsideration of
the 2012 butterfish specifications, the SSC's scientific review
process, and the determination could not have been completed any
earlier, due to the inherent time constraints associated with the
process. While the information supporting this change became available
during the specifications setting process for the 2013 fishing year in
May 2012, the need to use this information to adjust the 2012
butterfish specifications only became apparent in August 2012, after
high squid availability and rapid utilization of the lower (2,445-mt)
butterfish mortality cap made the possibility of a Trimester III
longfin squid closure imminent. The request to consider the
applicability of the SSC's 2013 butterfish ABC recommendation to the
2012 fishing year was made on August 16, 2012. The SSC met to review
this request on September 13, 2012, which was the earliest possible
date that they could meet given public notice requirements necessary to
schedule and convene SSC meetings. Similarly, the Council met to
consider the SSC's revised recommendation and recommend the adjustment
to the butterfish ABC at the earliest possible date given public notice
requirements, which was September 14, 2012. Allowing time for prior
public notice and comment in addition to that offered through the
Council process would further delay the use of available scientific
information to increase the butterfish mortality cap on the longfin
squid fishery, which negates direct benefits to the longfin squid
fleet.
The Assistant Administrator for Fisheries also finds good cause
under section 553(d) of the Administrative Procedure Act to waive the
30-day delay in effectiveness for this action. Increasing the
butterfish mortality cap should allow for the longfin squid fishery to
operate for the duration of the 2012 fishing year. Longfin squid
migrate throughout their range and have sporadic availability. The
fleet is quick to target longfin squid aggregations when they do
appear, and is capable of landing over 550 mt in a single week.
Analysis of this year's fishing activity indicates that longfin squid
was particularly abundant this spring and summer, and historical
availability patterns suggest that longfin squid abundance could remain
high until the close of the fishing year on December 31, 2012. Only
11,598 mt of the 22,220 mt longfin squid quota has been harvested as of
October 31, 2012, meaning that 52.1 percent of the quota remains to be
harvested during the final 2 months of the fishing year. Closing the
longfin squid fishery during the 30-day delay period prior to the
implementation of this rule could prevent the harvest of a significant
amount of longfin squid quota. With current squid prices at $1 per
pound, the lost revenue from such a closure (up to 1,200 mt of the
remaining 10,622 mt of longfin squid quota--the average monthly squid
landings for the 2012 fishing year) could amount to $2.6 million, which
would negate any benefit of implementing this rule. As noted above,
allowing the longfin squid fishery to extend its fishing activity
through the end of the 2012 fishing year will not result in harm to the
butterfish population. Moreover, the fishing entities affected by this
rule need not change their practice or gear, or make any other
modifications to come into compliance with this action. These fishing
vessels can continue to fish as they do now without any change after
this rule goes into effect.
The Council prepared an EA for the 2012 specifications, and the
NOAA Assistant Administrator for Fisheries concluded that there will be
no significant impact on the human environment as a result of this
rule. A copy of the EA is available upon request (see ADDRESSES).
This interim final rule has been determined to be not significant
for purposes of Executive Order 12866.
This rule is exempt from the procedures of the Regulatory
Flexibility Act to prepare a regulatory flexibility analysis because
the rule is issued without opportunity for prior public comment.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 5, 2012.
Paul N. Doremus,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
[FR Doc. 2012-27335 Filed 11-8-12; 8:45 am]
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