[Federal Register Volume 77, Number 223 (Monday, November 19, 2012)]
[Proposed Rules]
[Pages 69426-69433]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28057]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 120731291-2522-01]
RIN 0648-BC40
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: Proposed rule, request for comments.
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SUMMARY: NMFS proposes 2013-2015 specifications and management measures
for Atlantic mackerel, and 2013 specifications for butterfish.
Specifications for longfin squid and Illex squid were set for 3 years
in 2012 (2012-2014) and therefore will not be included in this year's
specification rulemaking. The proposed specifications would make
regulatory changes to the longfin squid fishery, as well as the
butterfish mortality cap to avoid 1-2 week closures at the end of a
Trimester. Compared to 2012, this proposed action would increase the
butterfish quota by 236 percent (recommended 2013 quota of 2,570 mt),
and increase the butterfish mortality cap by 184 percent (recommended
2013 quota of 4,500 mt). Due to the increase in the proposed butterfish
quota, this action also proposes a variety of management measures for
controlling effort in the directed butterfish fishery, including
changes to trip limits, the closure threshold for the directed fishery,
and post-closure trip limits. Finally, this rule proposes minor
corrections to existing regulatory text, to clarify the intent of the
regulations. These proposed specifications and management measures
promote the utilization and conservation of the Atlantic mackerel,
squid, and butterfish resource.
DATES: Public comments must be received no later than 5 p.m., eastern
standard time, on December 10, 2012.
ADDRESSES: Copies of supporting documents used by the Mid-Atlantic
Fishery Management Council (Council), including the Environmental
Assessment (EA) and Regulatory Impact Review (RIR)/Initial Regulatory
Flexibility Analysis (IRFA), are available from: Dr. Christopher M.
Moore, Executive Director, Mid-Atlantic Fishery Management Council,
Suite 201, 800 N. State Street, Dover, DE 19901. The EA/RIR/IRFA is
accessible via the Internet at http://www.nero.noaa.gov.
You may submit comments, identified by NOAA-NMFS-2012-0184, 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-2012-0184 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 NOAA Fisheries, Northeast Regional Office, 55
Great Republic Dr, Gloucester, MA 01930. Mark the outside of the
envelope ``Comments on 2013 MSB Specifications.''
Fax: (978) 281-9135, Attn: Lindsey Feldman;
Instructions: Comments must be submitted by one of the above
methods to ensure that the comments 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.
FOR FURTHER INFORMATION CONTACT: Lindsey Feldman, Fishery Management
Specialist, 978-675-2179, fax 978-281-9135.
SUPPLEMENTARY INFORMATION:
Background
This rule proposes specifications, which are the combined suite of
commercial and recreational catch levels established for one or more
fishing years. The specification process also allows for the
modification of a select number of management measures, such as closure
thresholds, gear restrictions, and possession limits. The Council's
process for establishing specifications relies on provisions within the
Atlantic Mackerel, Squid, and Butterfish (MSB) Fishery Management Plan
(FMP) and its implementing regulations, as well as requirements
established by the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act). Specifically, section 302(g)(1)(B) of the
Magnuson-Stevens Act states that the Scientific and Statistical
Committee (SSC) for each Regional Fishery Management Council shall
provide its Council ongoing scientific advice for fishery management
decisions, including recommendations for acceptable biological catch
(ABC), preventing overfishing, maximum sustainable yield, and achieving
[[Page 69427]]
rebuilding targets. The ABC is a level of catch that accounts for the
scientific uncertainty in the estimate of the stock's defined
overfishing level (OFL). The Council's SSC met on May 23 and 24, 2012,
confirming 2013 specifications for Illex and longfin squid and
recommending ABCs for the 2013 Atlantic mackerel (mackerel) and
butterfish specifications.
The MSB FMP's implementing regulations require the involvement of a
monitoring committee in the specification process for each species.
Since the Magnuson-Stevens Act requirements for the SSC to recommend
ABC became effective, the monitoring committees' role has largely been
to recommend any reduction in catch limits from the SSC-recommended
ABCs to offset management uncertainty, and to recommend other
management measures (e.g., gear and/or possession restrictions) needed
for the efficient management of the fisheries. The MSB Monitoring
Committee met on May 31, 2012, to discuss specification related
recommendations for the 2013-2015 mackerel fishery, 2013 butterfish
fishery, and changes in management measures for the longfin squid
fishery and butterfish mortality cap.
Following the SSC and MSB Monitoring Committee meetings described
above, the Council considered the committees' recommendations and
public comments at its June 12-14, 2012, meeting in New York, NY, and
made their specification recommendations. The Council submitted these
recommendations, along with the required analyses, for agency review on
July 31, 2012, with final submission on September 30, 2012. NMFS must
review the Council's recommendations to ensure that they comply with
the FMP and applicable law, and conduct notice-and-comment rulemaking
to propose and implement the final recommendations.
The MSB regulations require the specification of annual catch
limits (ACL) and accountability measure (AM) provisions for mackerel
and butterfish (both squid species are exempt form the ACL/AM
requirements because they have a life cycle of less than 1 year). In
addition, the regulations require the specification of domestic annual
harvest (DAH), domestic annual processing (DAP), and total allowable
level of foreign fishing (TALFF), along with joint venture processing
for (JVP) and commercial and recreational annual catch totals (ACT) for
mackerel, the butterfish mortality cap in the longfin squid fishery,
and initial optimum yield (IOY) for both squid species.
Table 1--Proposed Specifications, in Metric Tons (mt), for Mackerel for 2013-2015, and Butterfish for the 2013
Fishing Year
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Specifications Mackerel Butterfish
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OFL................................... Unknown............................ Unknown
ABC................................... 43,781............................. 8,400
ACL................................... 43,781............................. 7,560
Commercial ACT........................ 34,907............................. 7,560
Recreational ACT/RHL.................. 2,443.............................. N/A
IOY................................... N/A................................ N/A
DAH/DAP............................... 33,821............................. 2,570
JVP................................... 0.................................. N/A
TALFF................................. 0.................................. 0
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Research Set-Aside
The Mid-Atlantic Research Set-Aside (RSA) Program allows research
projects to be funded through the sale of fish that has been set aside
from the total annual quota. The RSA may vary between 0 and 3 percent
of the overall quota for each species. The Council has recommended that
up to 3 percent of the total ACL for mackerel, up to 3 percent of the
IOY for Illex and longfin squid, and up to 2 percent of the butterfish
ACT for research, where 59 mt would be set aside for butterfish discard
on longfin squid research trips, and 151 mt would be set aside for
directed butterfish landings, may be set aside to fund projects
selected under the 2013 Mid-Atlantic RSA Program. NMFS solicited
research proposals under the 2013 Mid-Atlantic RSA Program through a
Federal Funding Opportunity announcement that published on February 17,
2012 (Funding Opportunity Number NOAA-NMFS-NEFSC-2013-2003258 on
grants.gov). The project selection and award process for the 2013 Mid-
Atlantic RSA Program has not concluded. Awards are expected to be made
by the end of 2012 in time for the 2013 fishing year. If any portion of
the MSB RSA is not awarded, NMFS will return it to the general fishery
either through the final 2013 MSB specification rulemaking process or
through the publication of a separate notice in the Federal Register
notifying the public of a quota adjustment.
These proposed specifications include a brief description of the
applicable MSB exemptions that will likely be required to conduct the
compensation fishing to harvest set-aside quota. The Magnuson-Stevens
Act requires that interested parties be provided an opportunity to
comment on all proposed exempted fishing permits (EFPs).
Vessels harvesting RSA quota in support of approved research
projects would be issued EFPs authorizing them to exceed Federal
possession limits and to fish during Federal quota closures. With
respect to the MSB FMP, such regulations include closure regulations at
Sec. 648.24 and possession restrictions at Sec. 648.26. These
exemptions are necessary to allow project investigators to recover
research expenses, as well as adequately compensate fishing industry
participants harvesting RSA quota. Vessels harvesting RSA quota would
operate within all other regulations that govern the commercial
fishery, unless otherwise exempted through a separate EFP. Vessels
conducting compensation fishing would harvest RSA quota during the
fishing year from January 1-December 31, 2013.
2013-2015 Proposed Specifications and Management Measures for Mackerel
The status of the mackerel stock was assessed by the Transboundary
Resources Assessment Committee (TRAC) in March 2010. The 2010 TRAC
Status Report indicated reduced productivity in the stock and a lack of
older fish in both the survey and catch data. However, the status of
the mackerel stock is unknown because biomass reference points could
not be determined. Due to uncertainty in the assessment, the TRAC
recommended that total annual catches not exceed 80,000 mt (average
total U.S. and Canadian landings from 2006-2008) until new information
is available. The
[[Page 69428]]
mackerel stock-wide ABC was set at 80,000 mt for 2012, consistent with
the TRAC recommendation. Since a new mackerel assessment is not
expected for several years, the SSC recommended maintaining the 2012
mackerel specification and specifying the stock-wide ABC for 3 years
(2013-2015) at 80,000 mt. The Council recommended a U.S. ABC of 43,781
mt (80,000 mt-36,219 mt (2010 actual Canadian catch)). Due to the
variability in recent Canadian catch, and the inability to predict
Canadian catch for 2013, the SSC recommended the use of Canadian catch
from 2010 (the same amount used for setting 2012 specifications).
Consistent with MSB Amendment 11, the Council recommended a
recreational allocation of 2,714 mt (6.2 percent of the U.S. ABC). The
proposed Recreational ACT of 2,443 mt (90 percent of 2,714 mt) is
reduced to account for low precision and time lag of recreational catch
estimates, as well as lack of recreational discard estimates. The
Recreational ACT is equal to the Recreational Harvest Limit (RHL),
which would be the effective cap on recreational catch.
For the commercial mackerel fishery, the Council recommended a
commercial fishery allocation of 41,067 mt (93.8 percent of the U.S.
ABC, the portion of the ACL that was not allocated to the recreational
fishery). The recommended Commercial ACT of 34,907 mt (85 percent of
41,067) is reduced to address uncertainty in estimated 2013 Canadian
landings, uncertainty in discard estimates, and possible misreporting.
The Commercial ACT would be further reduced by a discard rate of 3.11
percent (mean plus one standard deviation of discards from 1999-2008),
to arrive at the proposed DAH of 33,821 mt. The DAH would be the
effective cap on commercial catch, as it has been in past
specifications.
Consistent with the Council's recommendation, NMFS proposes
mackerel specifications that would set the U.S. ABC/ACL at 43,781 mt,
the Commercial ACT at 34,907 mt, the DAH and DAP at 33,821 mt, and the
Recreational ACT at 2,443 mt.
Additionally, as recommended by the Council, NMFS proposes to
maintain JVP at zero (the most recent allocation was 5,000 mt of JVP in
2004). In the past, the Council recommended a JVP greater than zero
because it believed U.S. processors lacked the ability to process the
total amount of mackerel that U.S. harvesters could land. However, for
the past 9 years, the Council has recommended zero JVP because U.S.
shoreside processing capacity for mackerel has expanded. The Council
concluded that processing capacity was no longer a limiting factor
relative to domestic production of mackerel.
The Magnuson-Stevens Act provides that the specification of TALFF,
if any, shall be the portion of the optimum yield (OY) of a fishery
that will not be harvested by U.S. vessels. TALFF would allow foreign
vessels to harvest U.S. fish and sell their product on the world
market, in direct competition with U.S. industry efforts to expand
exports. While a surplus existed between ABC and the mackerel fleet's
harvesting capacity for many years, that surplus has disappeared due to
downward adjustments of the specifications in recent years. Based on
analysis and a review of the state of the world mackerel market and
possible increases in U.S. production levels, the Council concluded
that specifying a DAH/DAP resulting in zero TALFF will yield positive
social and economic benefits to both U.S. harvesters and processors,
and to the Nation. For these reasons, consistent with the Council's
recommendation, NMFS proposes to specify DAH at a level that can be
fully harvested by the domestic fleet, thereby precluding the
specification of a TALFF, in order to support the U.S. mackerel
industry. NMFS concurs that it is reasonable to assume that in 2013 the
commercial fishery has the ability to harvest 33,821 mt of mackerel.
Butterfish
The current status of the butterfish stock is unknown because
biomass reference points could not be determined in the SAW 49
assessment (February 2010); however, survey trends since the most
recent assessment suggest an increase in butterfish abundance. In
recommending 2013 specifications, the SSC considered multiple sources
of information including a recent analysis of the butterfish stock by
Dr. Paul Rago and Dr. Tim Miller from NOAA's Northeast Fisheries
Science Center (NEFSC). Because of the uncertainty in the most recent
butterfish stock assessment, on April 6, 2012, the Council requested
that NEFSC offer additional analysis of the butterfish stock to aid the
SSC in the ABC setting process for the 2013 fishing year. The Rago-
Miller analysis 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 Rago-Miller analysis also
examined a range of fishing mortalities that would result from these
biomass estimates. The SSC used the Rago-Miller 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 morality (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
Rago-Miller 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 and recommended an ABC of 8,400 mt (50 percent of the
OFL, and a 232-percent increase from the 2012 ABC). 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).
The Council recommended setting the butterfish ACL equal to the
ABC, and establishing a 10-percent buffer between ACL and ACT for
management uncertainty, which would result in an ACT of 7,560 mt. Since
discards have been roughly \2/3\ of catch (1999-2008 average), the
Council recommended setting the DAH and DAP at 2,570 mt (7,560 mt--
4,990 mt discards). Since up to 3 percent of the ACL for butterfish may
be set aside for scientific research, the Council recommended setting
aside 2 percent of the butterfish ACT for research, where 59 mt would
be set aside for butterfish discard on longfin squid research trips,
and 151 mt would be set aside for directed butterfish landings.
Finally, the Council recommended setting the butterfish mortality cap
on the longfin squid fishery at 4,500 mt (184 percent increase from
2012).
NMFS proposes specifications, consistent with the Council's
recommendation, that would set the butterfish ABC/ACL at 8,400 mt, the
ACT at 7,560 mt, the DAH and DAP at 2,570 mt, and the butterfish
mortality cap on the longfin squid fishery at 4,500 mt. Additionally,
consistent with MSB regulations, NMFS is proposing zero TALFF for
butterfish in 2013. Consistent with 2012, NMFS proposes that the 2013
butterfish mortality cap be allocated by Trimester as follows:
[[Page 69429]]
Table 2--Proposed Trimester Allocation of Butterfish Mortality Cap on
the Longfin Squid Fishery for 2013
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Trimester Percent Metric Tons
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I (Jan-Apr)............................. 65 2925
II (May-Aug)............................ 3.3 148.5
III (Sep-Dec)........................... 31.7 1426.5
-------------------------------
Total............................... 100 4,500
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Due to the increase in the recommended butterfish DAH and
butterfish mortality cap, a variety of management measures were
recommended by the Council to control fishing effort while allowing the
expansion of a profitable directed butterfish fishery. The Council
recommended a three-phase management system for the directed butterfish
fishery (Table 3) to allow for maximum utilization of the butterfish
resource without exceeding the stock-wide ACL. In phase 1, there would
be no trip limit for vessels issued longfin squid/butterfish moratorium
permits using mesh greater than or equal to 3 inches (7.62 cm), a
2,500-lb (1.13-mt) trip limit for longfin squid/butterfish moratorium
permits using mesh less than 3 inches (7.62 cm), and a trip limit of
600 lb (0.27 mt) for vessels issued squid/butterfish incidental catch
permits. Once butterfish harvest reaches the trip hold reduction
threshold for phase 2, the trip limit for longfin squid/butterfish
moratorium permit holders would be reduced to 5,000 lb (2.27 mt) for
vessels using greater than or equal to 3-inch (7.62 cm) mesh and 2,500
lb (1.13 mt) for vessels using under 3-inch (7.62 cm) mesh. When
butterfish harvest is projected to reach the trip hold reduction
thresholds for phase 3, the trip limit for all longfin squid/butterfish
moratorium permit holders would be reduced to 500 lb (0.23 mt) to avoid
quota overages. For phases 2 and 3, the quota thresholds to reduce the
trip limits are proposed to vary bimonthly throughout the year (Tables
4 and 5).
Table 3--Three-Phase Butterfish Management System
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Longfin squid/butterfish moratorium permit trip
limit Squid/butterfish
Phase -------------------------------------------------- incidental catch permit
>= 3 inch (7.62 cm) trip limit
mesh <3 inch (7.62 cm) mesh
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1.................................... Unlimited.............. 2,500 lb (1.13 mt)..... 600 lb (0.27 mt).
2.................................... 5,000 lb (2.27 mt)..... 2,500 lb (1.13 mt)..... 600 lb (0.27 mt).
3.................................... 500 lb (0.23 mt)....... 500 lb (0.23 mt)....... 600 lb (0.27 mt).
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Table 4--Proposed Butterfish Thresholds for Reducing Trip Limits for
Phase 2
------------------------------------------------------------------------
Trip limit
reduction Butterfish
Months threshold harvest (metric
(percent) tons)
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Jan-Feb............................. 40 1,028
Mar-Apr............................. 47 1,208
May-Jun............................. 55 1,414
Jul-Aug............................. 63 1,619
Sept-Oct............................ 71 1,825
Nov-Dec............................. 78 2,005
------------------------------------------------------------------------
Table 5--Proposed Butterfish Thresholds for Reducing Trip Limits for
Phase 3
------------------------------------------------------------------------
Trip limit
reduction Butterfish
Months threshold harvest (metric
(percent) tons)
------------------------------------------------------------------------
Jan-Feb............................. 58 1,491
Mar-Apr............................. 64 1,645
May-Jun............................. 71 1,825
Jul-Aug............................. 78 2,005
Sept-Oct............................ 85 2,185
Nov-Dec............................. 91 2,339
------------------------------------------------------------------------
Finally, during phase 3, the NMFS Regional Administrator would have
the authority to adjust the phase 3 trip limit for limited access
vessels within the range from 250 (0.11 mt) to 750 lb (0.34 mt) so that
butterfish harvest does not exceed the annual DAH.
Proposed Management Measures for Longfin Squid
The Council recommended regulatory changes for the longfin squid
fishery. Currently, vessels that intend to land 2,500 lb (1.13 mt) or
more of longfin squid are required to notify the Northeast Fisheries
Observer Program (NEFOP) at least 72 hr in advance of the start of a
trip. Longfin squid vessel
[[Page 69430]]
owners have reported that the 72-hr call in notification is burdensome
as trips are often planned with reference to weather, sea conditions,
and longfin squid movement patterns, which can be highly variable.
Therefore, the Council recommended, and NMFS proposes, to change the
longfin pre-trip observer notification requirement from 72 to 48 hrs.
In addition, to avoid closing the directed longfin fishery close to the
end of a trimester, the Council recommended, and NMFS proposes, to
change the closure threshold for longfin squid on April 15 (2 weeks
prior to the end of Trimester 1) and August 15 (2 weeks prior to the
end of Trimester 2) of each year from 90 to 95 percent.
Proposed Management Measures for the Butterfish Mortality Cap in the
Longfin Squid Fishery
NMFS proposes changes to management measures for the butterfish
mortality cap in the longfin squid fishery consistent with the
Council's recommendations. To avoid closing the directed longfin squid
fishery due to the butterfish mortality cap in the last 2 weeks of
Trimester 1, NMFS proposes changing the closure threshold on April 15
of each year from 80 to 90 percent. As there is currently no closure
mechanism for the butterfish mortality cap in Trimester 2, the entire
annual butterfish mortality cap could potentially be harvested in
Trimester 2, which would not leave any butterfish mortality cap quota
for the Trimester 3 longfin squid fishery. To avoid the entire
allocation of the butterfish mortality cap being harvested prior to the
start of Trimester 3 on September 1, NMFS proposes to close the
directed longfin squid fishery in Trimester 2 if 75 percent of the
annual mortality cap is projected to be reached, consistent with the
Council's recommendations.
Corrections
This proposed rule also contains minor corrections to existing
regulations. The corrections would not change the intent of any
regulations; they would only clarify the existing regulations by
correcting minor errors. The current regulations at Sec. 648.24 state
that NMFS will implement any changes to the ACL due to overages from
the previous year through notification in the Federal Register, by
March 31 of the fishing year in which the deductions will be made.
However, due to delayed reporting and analysis time to estimate
discards in the MSB fisheries, finalized data are not available until
April 15 of each year. Therefore, NMFS proposes to change the date a
notification will be published in the Federal Register announcing any
overage deductions from March 31 to May 1 of the fishing year in which
the deductions will be made.
This rule proposes a correction to Sec. 648.22(b)(2) regarding the
mackerel ABC. This rule clarifies that the MAFMC's SSC recommends a
stock-wide ABC, and that the Domestic ABC or ACL is calculated by
deducting Canadian catch from the stock-wide ABC. This rule also
proposes a correction to Sec. 648.27(c) to clarify that the pre-trip
notification requirement for vessels issued longfin squid/butterfish
moratorium permits is for trips with landings greater than 2,500 lb
(1.13 mt) and not trips with landings equal to or greater than 2,500 lb
(1.13 mt) of longfin squid.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the Atlantic Mackerel, Squid, and Butterfish FMP, other
provision of the Magnuson-Stevens Act, and other applicable law,
subject to further consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Council prepared an IRFA, as required by section 603 of the
Regulatory Flexibility Act (RFA). The IRFA describes the economic
impact this proposed rule, if adopted, would have on small entities. A
summary of the analysis follows. A copy of this analysis is available
from the Council or NMFS (see ADDRESSES) or via the Internet at http://www.nero.noaa.gov.
Statement of Objective and Need
This action proposes 2013-2015 specifications for mackerel and 2013
specifications for butterfish, along with management measures for
longfin squid and butterfish. A complete description of the reasons why
this action is being considered, and the objectives of and legal basis
for this action, are contained in the preamble to this proposed rule
and are not repeated here.
Description and Estimate of Number of Small Entities to Which the Rule
Will Apply
Based on permit data for 2011, 3,405 commercial or charter vessels
possessed MSB permits for the 2011 fishing year, and similar numbers of
vessels are expected to have MSB permits for 2013. All but a few of
these participants can be considered small businesses under the
guidelines of the Small Business Administration. Small businesses
operating in commercial and recreational (i.e., party and charter
vessel operations) fisheries have been defined by the Small Business
Administration as firms with gross revenues of up to $4.0 and $7.0
million, respectively. There are no large entities, as that term is
defined in section 601 of the RFA, participating in this fishery.
Therefore, there are no disproportionate economic impacts on small
entities. Many vessels participate in more than one of these fisheries;
therefore, permit numbers are not additive.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
There are no new reporting or recordkeeping requirements contained
in any of the alternatives considered for this action. In addition,
there are no Federal rules that duplicate, overlap, or conflict with
this proposed rule.
Minimizing Significant Economic Impacts on Small Entities
Proposed Actions
The mackerel commercial DAH (33,821 mt) and recreational ACT/RHL
(2,443 mt) proposed in this action represent no change from status quo.
Commercial mackerel landings for 2011 were 1,463 mt, and recreational
catch was 932 mt, and in both cases, catch was below the allocation. As
of the publication of this rule, mackerel catch is estimated to be
5,266 mt and is not likely to increase significantly for the remainder
of the year, which means that 2012 catch will also be below the 2012
DAH. Therefore, this proposed action allows the mackerel fleet the
opportunity to harvest more than they have in the previous year.
Overall, the proposed action is expected to generate revenue very
similar to the 2012 revenue for vessels that participate in the
commercial mackerel fisheries.
The butterfish DAH proposed in this action (2,570 mt) represents a
236-percent increase over the 2012 DAH (1,087 mt). Due to market
conditions, there has not been a directed butterfish fishery since
2001; therefore, recent landings have been low. The proposed increase
in the DAH has the potential to dramatically increase revenue for
permitted vessels because it has been an incidental catch fishery for
several years.
In addition, the three-phased management system proposed for the
directed butterfish fishery, which would allow an unlimited quota until
butterfish harvest reaches a particular threshold, would allow vessels
to harvest substantially more butterfish
[[Page 69431]]
during the start of the fishing year, when the market is suspected to
be available. The three-phased management system would allow the
potentially expanded directed butterfish fishery to increase catch
without exceeding the ACL and having to payback overages the following
year.
The butterfish mortality cap proposed in this action (4,500 mt)
represents a 184-percent increase over the 2012 cap level (2,445 mt).
The increase in the butterfish mortality cap will be less restrictive
on the longfin squid fishery than in previous years. While longfin
squid catch will still be restrained by the longfin squid DAH, there is
less of likelihood that the longfin squid fishery will be closed due to
the butterfish mortality cap. In addition, the management measures for
the longfin squid fishery are proposed to ensure that the directed
longfin squid fishery is not closed during the last two weeks a
particular trimester, therefore, causing economic harm to the fishing
industry when there is still a small amount of catch available to the
fleet. Therefore, the implementation of these actions should result in
an increase in revenue for the longfin squid fishery for 2013.
The Illex and longfin squid IOYs proposed in this action (22,915 mt
and 22,445 mt respectively) represent no change from status quo. Thus,
implementation of this proposed action should not result in a reduction
in revenue or a constraint on expansion of the fishery in 2013.
Alternatives to the Proposed Rule
The Council analysis evaluated three alternatives to the proposed
specifications for mackerel. The first (status quo) alternative
differed from the proposed mackerel specifications, only in that the
status quo alternative recommends specifications for one year, while
the proposed alternative sets mackerel specifications for 3 years
(2013-2015). The status quo alternative would set the stock-wide ABC of
80,000 mt, Canadian catch of 36,219 mt, and a U.S. ABC of 43,781 mt.
The second alternative (the least restrictive) would set the stock-wide
ABC at 100,000 mt, would maintain Canadian catch at 35,219 mt, and
would set a U.S. ABC at 63,781 mt. This alternative could generate
increased revenue if more mackerel became available to the fishery. The
third alternative (the most restrictive) would set the stock-wide ABC
at 60,000 mt, would maintain Canadian catch at 36,219 mt, and would set
a U.S. ABC at 23,781 mt. This alternative could generate the lowest
revenue of all of the alternatives. These two alternatives were not
selected because they were all inconsistent with the ABC recommended by
the SSC.
There were three alternatives to the preferred action for
butterfish that were not selected by the Council. The first (status
quo) alternative would have kept the butterfish ABC and ACL at 3,622
mt, the ACT at 3,260 mt, the DAH and DAP at 1,087, and the butterfish
mortality cap at 2,445 mt. The second alternative (least restrictive)
would have set the ABC and ACL at 10,500 mt, the ACT at 9,450 mt, the
DAH and DAP at 3,213 mt, and the butterfish mortality cap at 5,625 mt,
and would generate the highest revenues of all of the alternatives. The
fourth alternative (most restrictive) would have set the ABC and ACL at
6,300 mt, the ACT at 5,670 mt, the DAH and DAP at 1,928 mt, and the
butterfish mortality cap at 3,375 mt, and would generate the lowest
revenue of all of the alternatives. These three alternatives were not
selected because they were inconsistent with the ABC recommended by the
SSC.
The Council recommended the status quo as an alternative to both
the proposed action for changing management measures for the longfin
squid fishery and for the butterfish mortality cap. For all proposed
management measures, the status quo alternative recommended no changes
to the longfin squid or butterfish mortality cap management measures.
The status quo alternative requires vessels possessing 1,000 lb (0.45
mt) or more of butterfish to fish with a 3-inch (76-mm) minimum codend
mesh. The status quo alternatives were considered, but not selected,
because the proposed measures have the potential to increase economic
opportunity for the fishing fleet while still ensuring the ACL for the
longfin squid fishery and the butterfish mortality cap are not
exceeded. There were also two alternatives to the proposed three-phase
management system for the directed butterfish fishery. The first
(status quo and most restrictive) would maintain the 5,000-lb (2.27-mt)
trip limit for vessels issued longfin squid/butterfish moratorium
permits using over 3-inch (76-mm) mesh, 2,000-lb (0.91-mt) trip limit
for vessels issued longfin squid/butterfish moratorium permits using
under 3-inch (76-mm) mesh, and the 600-lb (0.27-mt) trip limit for
vessels issued squid/butterfish incidental catch permits. Even with the
proposed increase in quota, the butterfish fishery may not be able to
harvest an increased amount of butterfish with these restrictive trip
limits. Therefore, this alternative could generate the lowest amount of
revenue out of all of the alternatives. The second alternative would
provide a simpler management system for the directed fishery in which
the trip limit for vessels issued longfin squid/butterfish moratorium
permits would be 20,000 lb (9.07 mt) for vessels issued longfin squid/
butterfish moratorium permits using greater than 3-inch (76-mm) mesh,
2,500 lb (1.13 mt) for permits using under 3-inch (76-mm) mesh, and
1,000 lb (4.54 mt) for vessels issued squid/butterfish incidental catch
permits. If 80 percent of the DAH is projected to be harvested before
October 1, the trip limit for all vessels would be reduced to 250 lb
(0.11 mt), and if the DAH is projected to be harvested on or after
October 1, the trip limit for all vessels would be 500 lb (0.23 mt).
This alternative would provide the butterfish fishery the opportunity
to increased revenues over the first alternative, but not as great as
the proposed alternative. While these alternatives were considered,
they were not selected because the proposed alternative has the
potential to increase economic opportunity for vessels participating in
the directed butterfish fishery while still ensuring the ACL is not
exceeded. The other alternatives would not be as effective for directed
butterfish vessels to re-establish a butterfish market.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: November 14, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and
duties of the Deputy Assistant Administrator for Fisheries, National
Marine Fisheries Service.
For the reasons set out in the preamble 50 CFR part 648 is proposed
to be amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
1. The authority citation for part 648 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 648.4, paragraph (a)(5)(ii) is revised to read as
follows:
Sec. 648.4 Vessel permits.
* * * * *
(a) * * *
(5) * * *
(ii) Squid/butterfish incidental catch permit. Any vessel of the
United States may obtain a permit to fish for or retain up to 600 lb
(0.27 mt) of longfin squid or butterfish, or up to 10,000 lb (4.54 mt)
of Illex squid, as an incidental catch in another directed fishery. The
incidental catch allowance may be revised by the Regional Administrator
[[Page 69432]]
based upon a recommendation by the Council following the procedure set
forth in Sec. 648.22.
* * * * *
3. In Sec. 648.14, paragraphs (g)(2)(ii)(E) and (F) are revised to
read as follows:
Sec. 648.14 Prohibitions.
* * * * *
(g) * * *
(2) * * *
(ii) * * *
(E) Possess more than 2,500 lb (1.13 mt) of butterfish, unless the
vessel meets the minimum mesh requirements specified in Sec.
648.23(a).
(F) Take, retain, possess, or land mackerel after a total closure
specified under Sec. 648.24(b)(1).
* * * * *
4. In Sec. 648.22, revise paragraph (b)(2)(i) and (b)(2)(ii),
redesignate paragraphs (b)(3)(v) through (b)(3)(vii) as paragraphs
(b)(3)(vi) through (b)(3)(viii), respectively, and add new paragraph
(b)(3)(v) to read as follows:
Sec. 648.22 Atlantic mackerel, squid, and butterfish specifications.
* * * * *
(b) * * *
(2) Mackerel--(i) ABC. The MAFMC's SSC shall recommend a stock-wide
ABC to the MAFMC, as described in Sec. 648.20. The stock-wide mackerel
ABC is reduced from the OFL based on an adjustment for scientific
uncertainty; the stock-wide ABC must be less than or equal to the OFL.
(ii) ACL. The ACL or Domestic ABC is calculated using the formula
ACL/Domestic ABC = stock-wide ABC - C, where C is the estimated catch
of mackerel in Canadian waters for the upcoming fishing year.
* * * * *
(3) * * *
(v) The trip limit reduction thresholds for phase 2 and phase 3 of
the butterfish three-phase management system will be modified annually
through the specifications process. Trip limit reduction thresholds
vary bi-monthly and are set to allow the butterfish fishery to continue
to operate without exceeding the stock-wide ACL. An example of the
phase 2 and 3 trip limit reduction thresholds is shown in the table
below:
Proposed Butterfish Thresholds for Reducing Trip Limits for Phase 2
------------------------------------------------------------------------
Trip limit
reduction Butterfish
Months threshold harvest
(percent) (Metric Tons)
------------------------------------------------------------------------
Jan-Feb................................. 40 1,028
Mar-Apr................................. 47 1,208
May-Jun................................. 55 1,414
Jul-Aug................................. 63 1,619
Sept-Oct................................ 71 1,825
Nov-Dec................................. 78 2,005
------------------------------------------------------------------------
* * * * *
5. In Sec. 648.23, paragraph (a)(1) is revised to read as follows:
Sec. 648.23 Mackerel, squid, and butterfish gear restrictions.
(a) * * *
(1) Butterfish fishery. Owners or operators of otter trawl vessels
possessing 2,500 lb (1.13 mt) or more of butterfish harvested in or
from the EEZ may only fish with nets having a minimum codend mesh of 3
inches (7.62 cm) diamond mesh, inside stretch measure, applied
throughout the codend for at least 100 continuous meshes forward of the
terminus of the net, or for codends with less than 100 meshes, the
minimum mesh size codend shall be a minimum of one-third of the net,
measured from the terminus of the codend to the headrope.
* * * * *
6. In Sec. 648.24, paragraphs (a)(1), (b)(6), (c)(1), (c)(3), and
(c)(4) are revised to read as follows:
Sec. 648.24 Fishery closures and accountability measures.
(a) Fishery closure procedures--(1) Longfin squid. NMFS shall close
the directed fishery in the EEZ for longfin squid when the Regional
Administrator projects that 90 percent of the longfin squid quota is
harvested before April 15 of Trimester I and/or August 15 of Trimester
II, and when 95 percent of the longfin squid DAH has been harvested in
Trimester III. On or after April 15 of Trimester I and/or August 15 of
Trimester II, NMFS shall close the directed fishery in the EEZ for
longfin squid when the Regional Administrator projects that 95 percent
of the longfin squid quota is harvested. The closure of the directed
fishery shall be in effect for the remainder of that fishing period,
with incidental catches allowed as specified at Sec. 648.26.
* * * * *
(b) * * *
(6) Mackerel ACL overage evaluation. The ACL will be evaluated
based on a single-year examination of total catch (landings and
discards). Both landings and dead discards will be evaluated in
determining if the ACL has been exceeded. NMFS shall make
determinations about overages and implement any changes to the ACL, in
accordance with the Administrative Procedure Act, through notification
in the Federal Register, by May 15 of the fishing year in which the
deductions will be made.
(c) Butterfish AMs--(1) Butterfish three-phase management system.
The butterfish fishery operates under a three-phase management system.
Phase 1 begins annually at the start of the fishing year on January 1.
Trip limit reductions are implemented in phase 2 and 3 dependent upon
the amount of butterfish harvest and the trip limit reduction
thresholds set during the specification process as described in Sec.
648.22.
(i) Phase 1. During phase 1, vessels issued a longfin squid/
butterfish moratorium permit (as specified at Sec. 648.4(a)(5)(i))
fishing with a minimum mesh size of 3 inches (76 mm) have an unlimited
trip limit and vessels issued a longfin squid/butterfish moratorium
permit fishing with mesh less than 3 inches (76 mm) are prohibited from
landing more than 2,500 lb (1.13 mt) of butterfish per trip.
(ii) Phase 2. NMFS shall reduce the trip limit for vessels issued
longfin squid/butterfish moratorium permits (as specified at Sec.
648.4(a)(5)(i)) fishing with a minimum mesh size of 3 inches (76 mm) to
5,000 lb (2.27 mt), when butterfish harvest reaches the relevant phase
2 trip limit reduction threshold. Trip limits for vessels issued
longfin squid/butterfish moratorium permits fishing with mesh less than
3 inches (76
[[Page 69433]]
mm) will remain at 2,500 lb (1.13 mt) of butterfish per trip.
(iii) Phase 3. NMFS shall subsequently reduce the trip limit for
vessels issued longfin squid/butterfish moratorium permits to 500 lb
(0.23 mt), regardless of minimum mesh size, when butterfish harvest is
projected to reach the relevant phase 3 trip limit reduction threshold.
The NMFS Regional Administrator may adjust the butterfish trip limit
during phase 3 of the directed butterfish fishery anywhere from 250 lb
(0.11 mt) to 750 lb (0.34 mt) to ensure butterfish harvest does not
exceed the specified DAH.
* * * * *
(3) Butterfish mortality cap on the longfin squid fishery. NMFS
shall close the directed fishery in the EEZ for longfin squid when the
Regional Administrator projects that 80 percent of the Trimester I
butterfish mortality cap allocation has been harvested in Trimester I,
when 75 percent of the annual butterfish mortality cap has been
harvested in Trimester II, and/or when 90 percent of the butterfish
mortality cap has been harvested in Trimester III.
(4) Butterfish ACL overage evaluation. The ACL will be evaluated
based on a single-year examination of total catch (landings and
discards). Both landings and dead discards will be evaluated in
determining if the ACL has been exceeded. NMFS shall make
determinations about overages and implement any changes to the ACL, in
accordance with the Administrative Procedure Act, through notification
in the Federal Register, by May 15 of the fishing year in which the
deductions will be made.
* * * * *
7. In Sec. 648.26, paragraph (d) is revised to read as follows:
Sec. 648.26 Mackerel, squid, and butterfish possession restrictions.
* * * * *
(d) Butterfish--(1) Phase 1. A vessel issued a longfin squid/
butterfish moratorium permit (as specified at Sec. 648.4(a)(5)(i))
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, and may only land butterfish once on any calendar
day, which is defined as the 24-hr period beginning at 0001 hours and
ending at 2400 hours, provided that butterfish harvest has not reached
the phase 2 trip limit reduction threshold, as described in Sec.
648.24(c). Vessels issued longfin squid/butterfish moratorium permits
fishing with mesh less than 3 inches (76 mm) may not fish for, possess,
or land more than 2,500 lb (1.13 mt) of butterfish per trip at any
time, and may only land butterfish once on any calendar day, provided
that butterfish harvest has not reached the phase 3 trip limit
reduction threshold, as described in Sec. 648.24(c).
(2) Phase 2. When butterfish harvest reaches the phase 2 trip limit
reduction threshold for the butterfish fishery (as described in Sec.
648.24), vessels issued a longfin squid/butterfish moratorium permit
(as specified at Sec. 648.4(a)(5)(i)) fishing with a minimum mesh size
of 3 inches (76 mm) may not fish for, possess, or land more than 5,000
lb (2.27 mt) of butterfish per trip at any time, and may only land
butterfish once on any calendar day, which is defined as the 24-hr
period beginning at 0001 hours and ending at 2400 hours. Trip limits
for vessels issued butterfish moratorium permits fishing with mesh less
than 3 inches (76 mm) will remain at 2,500 lb (1.13) per trip.
(3) Phase 3. When butterfish harvest is projected to reach the trip
limit reduction threshold for phase 3 (as described in Sec. 648.24),
all vessels issued a longfin squid/butterfish moratorium permit,
regardless of mesh size used, may not fish for, possess, or land more
than 500 lb (0.23 mt) of butterfish per trip at any time, and may only
land butterfish once on any calendar day, which is defined as the 24-hr
period beginning at 0001 hours and ending at 2400 hours. If a vessel
has been issued a longfin squid/butterfish incidental catch permit (as
specified at Sec. 648.4(a)(5)(ii)), it may not fish for, possess, or
land more than 600 lb (0.27 mt) of butterfish per trip at any time.
8. In Sec. 648.27, paragraphs (a), (c), and (d) are revised to
read as follows:
Sec. 648.27 Observer requirements for the longfin squid fishery.
(a) A vessel issued a longfin squid and butterfish moratorium
permit, as specified at Sec. 648.4(a)(5)(i), must, for the purposes of
observer deployment, have a representative provide notice to NMFS of
the vessel name, vessel permit number, contact name for coordination of
observer deployment, telephone number or email address for contact; and
the date, time, port of departure, and approximate trip duration, at
least 48 hr, but no more than 10 days, prior to beginning any fishing
trip, unless it complies with the possession restrictions in paragraph
(c) of this section.
* * * * *
(c) A vessel issued a longfin squid and butterfish moratorium
permit, as specified in Sec. 648.4(a)(5)(i), that does not have a
representative provide the trip notification required in paragraph (a)
of this section is prohibited from fishing for, possessing, harvesting,
or landing greater than 2,500 lb (1.13 mt) of longfin squid per trip at
any time, and may only land longfin squid once on any calendar day,
which is defined as the 24-hr period beginning at 0001 hours and ending
at 2400 hours.
(d) If a vessel issued a longfin squid and butterfish moratorium
permit, as specified in Sec. 648.4(a)(5)(i), intends to possess,
harvest, or land more than 2,500 lb (1.13 mt) of longfin squid per trip
or per calendar day, has a representative notify NMFS of an upcoming
trip, is selected by NMFS to carry an observer, and then cancels that
trip, the representative is required to provide notice to NMFS of the
vessel name, vessel permit number, contact name for coordination of
observer deployment, and telephone number or email address for contact,
and the intended date, time, and port of departure for the cancelled
trip prior to the planned departure time. In addition, if a trip
selected for observer coverage is cancelled, then that vessel is
required to carry an observer, provided an observer is available, on
its next trip.
[FR Doc. 2012-28057 Filed 11-16-12; 8:45 am]
BILLING CODE 3510-22-P