[Federal Register Volume 78, Number 11 (Wednesday, January 16, 2013)]
[Rules and Regulations]
[Pages 3346-3355]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00827]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 120731291-2522-02]
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: Final rule.
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SUMMARY: NMFS is implementing 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 are not included in this year's
specification rulemaking. These final specifications also implement
regulatory changes to the longfin squid fishery, the butterfish
mortality cap to avoid 1-2 week closures at the end of a Trimester, and
the pre-trip observer notification for longfin squid trips landing over
2,500 lb (1.3 mt) from 72 to 48 hr. Compared to 2012, the butterfish
domestic annual harvest implemented in this action (2,570 mt)
represents an increase of 1,698 mt over the 2012 domestic annual
harvest (872 mt). The butterfish mortality cap implemented in this
action (4,464 mt) represents an increase of 1,299-mt over the current
2012 cap level (3,165 mt). Due to the increase in the proposed
butterfish quota, this action also implements 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
implements minor corrections to existing regulatory text, to clarify
the intent of the regulations. These specifications and management
measures promote the utilization and conservation of the Atlantic
mackerel, squid, and butterfish resource.
DATES: Effective January 16, 2013, except for the amendments to Sec.
648.27, which will be effective on February 15, 2013.
ADDRESSES: Copies of the 2013 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. NMFS prepared
a Final Regulatory Flexibility Analysis (FRFA), which is contained in
the Classification section of this rule. Copies of the FRFA and the
Small Entity Compliance Guide are available from: John K. Bullard,
Regional Administrator, National Marine Fisheries Service, Northeast
Region, 55 Great Republic Drive, Gloucester, MA 01930-2276, or via the
internet at http://www.nero.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Lindsey Feldman, Fishery Management
Specialist, 978-675-2179, fax 978-281-9135.
SUPPLEMENTARY INFORMATION:
Background
Specifications, as referred to in this rule, are the combined suite
of commercial and recreational catch levels established for 1 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 Mid-Atlantic
Fishery Management Council's (Council) 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 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 2013-2015 Atlantic mackerel (mackerel) and 2013 butterfish
specifications. A proposed rule for 2013 MSB specifications and
management measures was published on November 19, 2012 (77 FR 69426),
and the public comment period for the
[[Page 3347]]
proposed rule ended on December 10, 2012.
The MSB regulations require the specification of annual catch
limits (ACL) and accountability measures (AM) for mackerel and
butterfish (both squid species are exempt from 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)
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. Details concerning the
Council's development of these measures were presented in the preamble
of the proposed rule and are not repeated here.
Research Set-Aside
The Mid-Atlantic Research Set-Aside (RSA) Program funds research
projects 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. 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). Two projects were
preliminarily selected by NMFS, although final grant approval by NOAA
Grants is pending. Federally permitted vessels harvesting RSA quota are
issued Exempted Fishing Permits in support of approved research
projects, which would authorize them to exceed Federal possession
limits and to fish during Federal quota closures. If approved, the
projects would be awarded 589,800 lb (267,529 kg) of summer flounder,
958,950 lb (434,972 kg) of scup, 111,900 lb (50,757 kg) of black sea
bass, 874,000 lb (396,440 kg) of longfin squid, 79,455 lb (36,040 kg)
of butterfish for discards on longfin squid research trips, and 715,830
lb (324,695 kg) of bluefish. The research projects preliminary selected
include the following:
A near-shore trawl survey between Martha's Vineyard, MA,
and Cape Hatteras, NC, in shallow waters unsampled by current Federal
finfish bottom trawl surveys to provide stock assessment data for Mid-
Atlantic RSA species, including summer flounder, scup, black sea bass,
longfin squid, butterfish, and Atlantic bluefish, and assessment-
quality data for weakfish, Atlantic croaker, spot, several skate and
ray species, smooth dogfish, horseshoe crab, and several unmanaged but
important forage species; and
A fishery-independent black sea bass survey of four
separate hard-bottom sites unsampled by current state and Federal
finfish bottom trawl surveys in southern New England and
Mid[hyphen]Atlantic waters using unvented black sea bass pots.
The Council 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 could be set aside to fund
projects selected under the 2013 Mid-Atlantic RSA Program, where 59 mt
could be set aside for butterfish discard on longfin squid research
trips, and 151 mt could be set aside for directed butterfish landings.
The final RSA awards are subtracted from the IOY for longfin squid, and
the butterfish mortality cap in Table 1 below.
Table 1--Final Specifications, in Metric Tons (mt), for Mackerel for 2013-2015, Butterfish for 2013, and Longfin
and Illex Squid for the 2013-2014 Fishing Year
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Specifications Mackerel Butterfish Illex Longfin
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OFL............................................. Unknown Unknown Unknown Unknown
ABC............................................. 43,781 8,400 24,000 23,400
ACL............................................. 43,781 7,560 N/A N/A
Commercial ACT.................................. 34,907 7,560 N/A N/A
Recreational ACT/RHL............................ 2,443 N/A N/A N/A
IOY............................................. N/A N/A 22,915 22,049
DAH/DAP......................................... 33,821 2,570 22,915 22,049
JVP............................................. 0 N/A N/A N/A
TALFF........................................... 0 0 N/A N/A
RSA............................................. N/A 36 N/A 396
Butterfish Mortality Cap........................ .............. 4,464
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Final 2013-2015 Specifications and Management Measures for Mackerel
This action specifies the mackerel U.S. ABC at 43,781 mt. 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, and determined that 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 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 the U.S. ABC of
2,714 mt) was 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
[[Page 3348]]
Commercial ACT of 34,907 mt (85 percent of 41,067) was reduced to
address uncertainty in estimated 2013 Canadian landings, uncertainty in
discard estimates, and possible misreporting. The Commercial ACT was
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 was proposed as the effective cap on
commercial catch, as it has been in past specifications.
Consistent with the Council's recommendation, this action sets the
2013-2015 mackerel specifications so that the U.S. ABC/ACL is 43,781
mt; the Commercial ACT is 34,907 mt; the DAH and DAP are 33,821 mt; and
the Recreational ACT is 2,443 mt. Additionally, as recommended by the
Council, JVP is maintained as zero. There was no mackerel awarded for
the RSA program for the 2013 fishing year.
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
decreases in 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 is specifying the 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
mackerel fishery has the ability to harvest 33,821 mt of mackerel.
Final 2013 Specifications and Management Measures for Butterfish
This action specifies the butterfish ABC at 8,400 mt. 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 NEFSC analysis (May 2,
2012) 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 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 rate of F = 0.536, which
the SSC used as a proxy maximum F 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. The SSC's 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. 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. RSA
projects were not awarded any directed butterfish, but were awarded 36
mt of butterfish to account for discards on longfin squid research
trips. After accounting for 36 mt of RSA, the butterfish mortality cap
on the longfin squid fishery was revised from 4,500 mt to 4,464 mt
(59.05 percent of the ACT of 7,560 mt).
NMFS is implementing butterfish specifications for the 2013 fishing
year, consistent with the Council's recommendations, 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, TALFF at zero, and the butterfish mortality cap on the
longfin squid fishery at 4,464 mt. Additionally, this action allocates
the 2013 butterfish mortality cap by Trimester as follows:
Table 2--Trimester Allocation of Butterfish Mortality Cap on the Longfin
Squid Fishery for 2013
------------------------------------------------------------------------
Metric
Trimester Percent tons
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I (Jan-Apr)........................................ 65 2,902
II (May-Aug)....................................... 3.3 147
III (Sep-Dec)...................................... 31.7 1,415
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Total............................................ 100 4,464
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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, and this action implements, 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 is 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
[[Page 3349]]
vessels issued squid/butterfish incidental catch permits. Once
butterfish harvest reaches the trip hold reduction threshold to move
from phase 1 to phase 2, the trip limit for longfin squid/butterfish
moratorium permit holders will be reduced while in phase 2 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 to move from phase 2 to phase 3, the trip limit
for all longfin squid/butterfish moratorium permit holders will be
reduced while in phase 3 to 500 lb (0.23 mt) to avoid quota overages.
For phases 2 and 3, the quota thresholds to reduce the trip limits will
vary bimonthly throughout the year, as shown in 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) mesh <3 inch (7.62 cm) mesh trip limit
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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--2013 Butterfish Thresholds for Reducing Trip Limits From Phase
1 to Phase 2
------------------------------------------------------------------------
Trip limit
reduction Butterfish
Months threshold harvest
(percent) (metric 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--2013 Butterfish Thresholds for Reducing Trip Limits From Phase
2 to Phase 3
------------------------------------------------------------------------
Trip limit
reduction Butterfish
Months threshold harvest
(percent) (metric 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 has 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.
Final Management Measures for Longfin Squid
The Council also recommended regulatory changes for the longfin
squid fishery. Currently, vessels that intend to land greater than
2,500 lb (1.13 mt) 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 owners have reported that
the 72-hr call in notification is burdensome, as trips are often
planned based on weather, sea conditions, and longfin squid movement
patterns, which can be highly variable. Therefore, the Council
recommended, and NMFS is changing the longfin pre-trip observer
notification requirement from 72 to 48 hr. In addition, to avoid
closing the directed longfin fishery close to the end of a trimester,
the closure threshold for the directed longfin squid fishery will
change 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.
Final Management Measures for the Butterfish Mortality Cap in the
Longfin Squid Fishery
To avoid closing the directed longfin squid fishery due to the
butterfish mortality cap in the last 2 weeks of Trimester 1, NMFS is
changing the closure threshold on April 15 of each year from 80 to 90
percent. In addition, NMFS will close the directed longfin squid
fishery in Trimester 2 if 75 percent of the annual mortality cap is
projected to be reached. 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. This change is being implemented to
avoid the entire allocation of the butterfish mortality cap being
harvested prior to the start of Trimester 3 on September 1 of each
fishing year.
This final rule also contains minor corrections to existing
regulations. The corrections do not change the intent of any
regulations; they only clarify the existing regulations by correcting
minor errors. The current accountability measure 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 will publish a
notification in the Federal Register announcing any overage deductions
by May 15 of the fishing year in which the deductions will be made.
This rule also corrects 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 corrects 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). While vessels previously
issued longfin squid/butterfish moratorium permits intending to land
greater than or equal to 2,500 lb (1.13 mt) were required to call into
the pre-trip notification system, this action clarifies that only such
vessels intending to land greater than 2,500 lb (1.13 mt) (ex. 2,501
mt) are required to call into the pre-trip notification system. Only
those trips with longfin squid landings of 2,501 lb (1.13 mt) and
greater will be used to estimate the butterfish mortality cap.
This rule also responds to comments on the 2012 Revised Butterfish
Specifications, which were published in an interim final rule on
November 9, 2012 (77 FR 67305). The 2013 butterfish specifications
implemented in this rule supersede the 2012 Revised Butterfish
Specifications implemented in that interim final rule. Therefore,
instead of publishing a final rule to address comments received on the
interim final
[[Page 3350]]
rule, such comments are addressed in this final rule.
Comments and Responses on the 2013 MSB Specifications
NMFS received six comments on the 2013 MSB specifications from: One
member of the public; one on behalf of Deep Sea Fish of Rhode Island,
Inc. (a freezer/processor in Rhode Island); one on behalf of Seafreeze,
Ltd. (a frozen seafood producer based in Rhode Island); one from the
Garden State Seafood Association (GSSA) (an industry group representing
members of the commercial fishing industry in New Jersey); one from
Lund's Fisheries, Inc. (a seafood processing facility in New Jersey),
and one from Tokai International, Inc. (an export business that ships
seafood to Japan).
Comment 1: Deep Sea Fish of Rhode Island, Inc., Tokai International
Inc., and SeaFreeze, Ltd., commented in support of increasing the 2013
butterfish specifications and are in favor of implementing the 2013 MSB
specifications on or before January 1, 2013, so that the butterfish
fishing industry can take advantage of the early winter Japanese export
market when butterfish have the highest fat content. Tokai
International, Inc., noted that the fat content of butterfish begins to
decrease in February, making butterfish less marketable.
Response: NMFS has published this final rule as soon as possible so
that the butterfish fishing industry can take advantage of the increase
in quota for the directed fishery. We recognize that the increase in
the directed butterfish fishery quota would be less valuable to the
butterfish industry if delayed further into the fishing year. Due to
concerns about the lost economic opportunity from delaying the
effectiveness of this rule for 30 days to comply with the
Administrative Procedure Act, there exists good cause to waive the 30-
day effectiveness period and implements the 2013 MSB specifications on
the date of publication in the Federal Register.
Comment 2: GSSA and Lund's Fisheries, Inc., commented in support of
the increased butterfish specifications, the proposed management
measures for butterfish and longfin squid, the butterfish mortality cap
in the longfin squid fishery, and corrections to the MSB regulations.
Response: NMFS is implementing the proposed butterfish
specifications, management measures for butterfish and longfin squid,
the butterfish mortality cap, and the corrections to the MSB
regulations in this final rule.
Comment 3: GSSA and Lund's Fisheries, Inc., commented in support of
the 2013-2015 Atlantic mackerel specifications, but noted some changes
to the mackerel specification setting process that should be considered
for the future, such as modifying the method to account for Canadian
catch, accounting for discards in the recreational fishery allocation,
and reconsidering the buffer for management uncertainty in setting the
commercial ACT. GSSA and Lund's expressed disappointment that the
process of setting the U.S. ABC does not provide a mechanism to
increase the U.S. ABC if Canadian catches are smaller than predicted.
Lund's suggested that Canadian underages should be added to the U.S.
ABC in an in-season adjustment. GSSA and Lund's also commented that a
discard rate should have been applied to the recreational allocation.
Response: The addition of a mechanism to increase the U.S. ABC if
Canadian catches are smaller than predicted would represent a
significant change to the commercial quota system for mackerel. Such an
adjustment would need to be considered through the Council process, and
could only be implemented through a framework adjustment or an
amendment to the FMP, rather than through specifications. The Council
would, therefore, have to consider such a mechanism in a future action.
In addition, reliable discard estimates for the recreational fishery
are not available. Given the past performance of the recreational
fishery, and the 10-percent buffer, NMFS believes that the potential
for discards was adequately accounted for. The Marine Recreational
Information Program (MRIP) estimates three types of recreational catch:
Fish brought back to the dock in a form that can be identified by
trained interviewers; fish that are used for bait, released dead, or
filleted and are identified by individual anglers; and fish that are
released alive and are identified by individual anglers. The MRIP
estimate of recreational catch in 2011, the most recent year of
complete data, was 932 mt. As the MRIP data do include some limited
information on recreational discards, the mackerel recreational
allocation for 2013-2015 of 2,443 mt is likely sufficient to cover both
recreational catch and discards. As NMFS improves recreational data
collection, the MSB Monitoring Committee will re-examine the
recreational ACT and consider whether discards should be accounted for
in an explicit deduction.
Comment 4: GSSA and Lund's also commented that the commercial ACT
should have been set equal to the commercial ACL, with zero buffer for
management uncertainty (instead of the 15-percent buffer proposed for
2013-2015) considering the mackerel fishery's performance is consistent
with the specifications that have been set for the fishery in recent
years.
Response: Given recent performance of the fishery, NMFS, consistent
with the Council's recommendation, determined that a 15-percent buffer
between the commercial ACL and ACT was appropriate to prevent overages
of the U.S. ABC, and to provide buffer for uncertainty in Canadian
catch estimates. While preliminary information provided to the Council
during its decision-making process showed Canadian catch in 2013 may be
set at lower levels than 2012, it is unclear whether the decrease in
Canadian catch is due to concerns about the status of the mackerel
stock or other unknown factors. Therefore, NMFS concurs with the
Council that setting Canadian catch and the buffer for management
uncertainty at status quo levels (15 percent between the commercial ACL
and ACT) is appropriate, due to the general uncertainty associated with
the mackerel stock and the final Canadian assessment results. In
addition, the buffer for management uncertainty includes consideration
of management uncertainty issues for commercial catch estimation,
including discard estimation and general imprecision in catch
estimation.
Comment 5: A member of the public commented that the butterfish
quotas should not be increased, but should be decreased by 75 percent
instead.
Response: NMFS does not believe that there is any information to
warrant a decrease in the butterfish specifications for 2013. On the
contrary, the NEFSC analysis showed that the increasing the butterfish
catch to 16,800 mt would not lead to overfishing.
Comments on Revised 2012 Butterfish Specifications
NMFS recently published an interim final rule to revise 2012
butterfish specifications (77 FR 67305; November 9, 2012). The interim
final rule raised the 2012 butterfish ABC to 4,200 mt (from 3,622 mt),
and specified the butterfish ACT at 3,780 mt, the DAH DAP at 872 mt,
and the butterfish mortality cap at 3,165 mt. The rationale for the
interim final rule is discussed in the background section of the
preamble for that action and is not repeated here.
The rule specified that these revised butterfish quotas would be
effective from November 8, 2012, through the remainder of the 2012
fishing year (December 31, 2012), until superseded by 2013 MSB
specifications. Typically
[[Page 3351]]
NMFS would publish a rulemaking to finalize the measures put forward in
an interim final rule, and use the final rule to respond to any
comments on the interim final measures. Because of the timing of a
rulemaking to finalize the revised 2012 butterfish specifications and
the timing of this final rule to implement 2013 MSB specifications
coincide, and because the 2013 MSB specifications would supersede the
2012 measures, NMFS decided to forego the publication of a rulemaking
to finalize the revised 2012 butterfish specifications and to instead
respond to comments on the revised 2012 butterfish specification in the
final rule for 2013 MSB specifications. One individual submitted a
comment on the interim final rule, and NMFS addresses the comment
below, in two parts.
Comment 1: One individual commented that NMFS raised the ABC on a
stock for which the overfished/overfishing status is unknown. The
commenter stated that while NMFS previously classified butterfish as
overfished with overfishing occurring, the SSC was forced by NMFS to
change the determination so that the longfin squid fishery could
continue to operate. The commenter stated that the butterfish stock is
so depleted that the directed fishery has not attained its quota for
the 2012 fishing year. The commenter also stated that the fishery did
not catch the directed fishery quota in previous years because bycatch
closures closed the directed fishery before the fish were available to
fishery participants from southern states that rely on butterfish catch
in the fall. Finally, the commenter stated that the longfin squid
fishery is wasteful, and is characterized by the excessive catch of
undersized fish due to the small mesh size used to prosecute the
fishery.
Response: The commenter incorrectly characterizes the current and
previous status of the butterfish stock. Until recently, NMFS listed
butterfish as overfished (i.e., stock biomass below the overfishing
threshold), with overfishing not occurring (i.e., fishing mortality was
not occurring at a rate higher than the stock's natural replenishment
rate) based on the results of the 38th Stock Assessment Review Workshop
(SAW 38; 2004). NMFS, rather than the Council's SSC, officially changed
the overfished status for butterfish to ``unknown'' in mid-2012, after
a review of the results of the 49th Stock Assessment Review Workshop
(SAW 49; 2010) suggested that the stock status reference points that
resulted from SAW 38 (i.e. the overfished status from SAW 38) were
inappropriate. The overfishing status for butterfish has not been
changed. The change to the stock status determination was entirely
separate from any 2012 rulemakings related to either the longfin squid
or butterfish fisheries. NMFS did not change the butterfish overfished
status from ``overfished'' to ``unknown'' to facilitate a longfin squid
fishery during the 2012 fishing year.
The commenter does not present support for the statement that
butterfish stock depletion has caused the fishery to catch less than
the 2012 butterfish quota. To the contrary, recent trawl survey indices
indicate that butterfish abundance is stable or increasing. In
addition, management controls in recent years have constrained
landings. While NMFS has increased the butterfish quota at several
points during the 2012 fishing year, possession limits restrict the
amount of butterfish that limited access and incidental butterfish
permit holders can land on a given trip (up to 5,000 lb per trip for
limited access permit holders, depending on mesh size, and up to 650
per trip for incidental permit holders). Further, the directed
butterfish fishery quota (DAH) has been maintained at a low level since
2004 in order to limit fishing mortality on the butterfish stock
following the ``overfished'' status determination in SAW 38. The
previous low DAH, coupled with possession limits, has prevented the
formation of a strong market for butterfish, and more likely explains
why the DAH has not been attained in 2012 in spite of quota increases.
Comment 2: The commenter also stated that the directed fishery
quota was not attained in previous years because ``bycatch closures''
closed the directed fishery before the fish were available to southern
fishery participants in the fall.
Response: This comment is unclear. If the commenter is referring to
closures of the directed butterfish fishery (based on the DAH) in
recent years, these closures were the result of directed butterfish
landings, not a result of bycatch limits due to butterfish bycatch in
other fisheries. If the commenter is referring to the availability of
butterfish mortality cap quota for fall participants in the longfin
squid fishery, NMFS notes that the butterfish mortality cap was not
constraining for fall participants in the longfin squid fishery in
either 2011 or 2012, the only 2 years that the cap has been in
operation. The Trimester III (September 1-December 31) longfin squid
fishery operated without a closure related to butterfish for both
years.
Finally, regarding incidental catch in the longfin squid fishery,
NMFS notes that fishery management plans for managed species consider
incidental catch and discards. This means that annual catch levels are
set so that mortality from all sources, including incidental catch and
discards in the longfin squid fishery, are accounted for. Thus, while
there is incidental catch of other species in the longfin squid
fishery, NMFS works to constrain such catch within the context of
overall catch levels appropriate for each managed stock.
Changes From the Proposed Rule
There are no changes from the proposed rule to the mackerel or
butterfish specifications or management measures.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this final rule is
consistent with the MSB FMP, other provision of the Magnuson-Stevens
Act, and other applicable laws.
The Council prepared an EA for the 2013 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 action is authorized by 50 CFR part 648 and has been
determined to be not significant for purposes of Executive Order 12866
(E.O. 12866).
The Assistant Administrator for Fisheries finds good cause under
section 553(d) of the Administrative Procedure Act to waive the 30-day
delay in effectiveness for this action for all requirements except for
those in 648.27. This action increases the butterfish harvest available
to the fishing industry for the 2013 fishing year. The primary
butterfish market available to the butterfish fishing industry occurs
in late December through mid-February due to the high fat content of
the fish after feeding during the early winter. In addition, the
current regulations cap the butterfish trip limit at 5,000 lb (2,268
kg) for limited access permit holders, while this final rule implements
an unlimited trip limit at the start of the fishing year. This change
in the trip limit for the directed butterfish fishery will also allow
the butterfish fleet to obtain as much profit early in the year as
possible, when the market is available. If the effectiveness of this
rule were delayed for 30 days from the date of publication, it would
likely be effective after the butterfish market has decreased.
Therefore, vessels fishing for butterfish would be unable to obtain the
[[Page 3352]]
increased economic opportunity this final rule provides by increasing
the butterfish quota. Failure to make this final rule effective
immediately will undermine the intent of the rule, which is to promote
the utilization and conservation of the Atlantic mackerel, squid, and
butterfish resource.
NMFS, pursuant to section 604 of the Regulatory Flexibility Act,
has prepared a FRFA, included in the preamble of this final rule, in
support of the 2013 specifications and management measures. The FRFA
describes the economic impact that this final rule, along with other
non-preferred alternatives, will have on small entities.
The FRFA incorporates the economic impacts and analysis summaries
in the IRFA, a summary of the significant issues raised by the public
in response to the IRFA, and NMFS's responses to those comments. A copy
of the IRFA, the RIR, and the EA are available upon request (see
ADDRESSES).
Statement of Need for This Action
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 the proposed and
final rules and are not repeated here.
A Summary of the Significant Issues Raised by the 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 in the Final Rule as a
Result of Such Comments
There were no issues related to the IRFA or the economic impacts of
the rule more generally raised in public comments.
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 (SBA). Small businesses
operating in commercial and recreational (i.e., party and charter
vessel operations) fisheries have been defined by the SBA 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 rule.
Description of the Steps the Agency Has Taken To Minimize the
Significant Economic Impacts on Small Entities Consistent With the
Stated Objectives of Applicable Statutes, Including a Statement of the
Factual, Policy, and Legal Reasons for Selecting the Alternative
Adopted in the Final Rule and Why Each One of the Other Significant
Alternatives to the Rule Considered by the Agency Which Affect the
Impact on Small Entities Was Rejected
Actions Implemented With the Final Rule
The mackerel commercial DAH (33,821 mt) and recreational ACT/RHL
(2,443 mt) implemented 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 5,325 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 action allows the mackerel fleet
the opportunity to harvest more than they have in the previous year.
Overall, this action is expected to generate revenue very similar to
the 2012 revenue for vessels that participate in the commercial
mackerel fisheries.
The butterfish DAH implemented in this action (2,570 mt) represents
an increase of 1,698 mt over the 2012 DAH (872 mt). Due to market
conditions, there has not been a directed butterfish fishery since
2001; therefore, recent landings have been low. The increase in the DAH
has the potential to dramatically increase revenue for butterfish
permitted vessels because the butterfish fishery has been an incidental
catch fishery for several years.
In addition, the three-phased management system implemented for the
directed butterfish fishery, which allows an unlimited quota until
butterfish harvest reaches a particular threshold, allows vessels to
harvest substantially more butterfish during the start of the fishing
year, when the market is suspected to be available. The three-phased
management system allows the potentially expanded directed butterfish
fishery to increase catch without exceeding the ACL and having to pay
back overages the following year.
The butterfish mortality cap implemented in this action (4,464 mt)
represents a 1,299-mt increase over the current 2012 cap level (3,165
mt). The increase in the butterfish mortality cap is less restrictive
on the longfin squid fishery than the previous year. 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 that are being implemented will ensure that
the directed longfin squid fishery is not closed during the last 2
weeks of 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 could
result in an increase in revenue for the longfin squid fishery for
2013.
The Illex and longfin squid IOYs confirmed in this action (22,915
mt and 22,049 mt respectively) represent no change from the status quo.
Thus, implementation of this action should not result in a reduction in
revenue or a constraint on expansion of the fishery in 2013.
Alternatives to Actions in the Final Rule
The Council analysis evaluated three alternatives to the
specifications for mackerel. The first (status quo) alternative
differed from the mackerel specifications implemented, only in that the
status quo alternative recommends specifications for 1 year, while the
final specifications are being implemented for 3 years (2013-2015). The
status quo alternative would have 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 have set the stock-wide ABC
at 100,000 mt, maintained Canadian catch at 35,219 mt, and would have
set a U.S. ABC at 63,781 mt. This alternative could have generated
increased revenue if more mackerel became available to the fishery. The
third alternative (the most restrictive) would have set the stock-wide
ABC at
[[Page 3353]]
60,000 mt, maintain Canadian catch at 36,219 mt, and would have set a
U.S. ABC at 23,781 mt. This alternative could have generated the lowest
revenue of all of the alternatives. These two alternatives were not
selected because they were inconsistent with the ABC recommended by the
SSC.
There were three alternatives to the butterfish specifications
being implemented 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 have generated 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, the butterfish mortality cap at 3,375 mt, and would have
generated 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
changing management measures for the longfin squid fishery and for the
butterfish mortality cap. The status quo alternative would have
required 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 measures
implemented 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 have maintained 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 increase in
quota, the butterfish fishery may not have been able to harvest an
increased amount of butterfish with these restrictive trip limits.
Therefore, this alternative would have generated the lowest amount of
revenue out of all of the alternatives. The second alternative would
have provided a simpler management system for the directed fishery in
which the trip limit for vessels issued longfin squid/butterfish
moratorium permits would have been 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 vessels 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 was
projected to be harvested before October 1, the trip limit for all
vessels would have been reduced to 250 lb (0.11 mt), and if the DAH was
projected to be harvested on or after October 1, the trip limit for all
vessels would have been 500 lb (0.23 mt). This alternative would have
provided the butterfish fishery the opportunity to increase revenues
over the first alternative, but not to the same extent as the
alternative implemented in this action. While these alternatives were
considered, they were not selected because the alternative being
implemented 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 have
been 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: January 10, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and
duties of the Deputy Assistant Administrator for Regulatory Programs,
National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is amended
as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.4, 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 2,500 lb
(1.13 mt) of longfin squid, 600 lb (0.27 mt) of 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 based upon a recommendation by the Council
following the procedure set forth in Sec. 648.22.
* * * * *
0
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).
* * * * *
0
4. In Sec. 648.22, revise paragraphs (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:
[[Page 3354]]
Butterfish Thresholds for Reducing Trip Limits from Phase 1 to 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-ec.................................. 78 2,005
------------------------------------------------------------------------
* * * * *
0
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.
* * * * *
0
6. In Sec. 648.24, paragraphs (a)(1), (b)(6), (c) and (d) 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 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.
(2) Butterfish ACL overage repayment. If the butterfish ACL is
exceeded, then catch in excess of the ACL will be deducted from the ACL
the following year, as a single-year adjustment.
(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.
(d) Notification. Upon determining that a closure or trip limit
reduction is necessary, the Regional Administrator will notify, in
advance of the closure, the Executive Directors of the MAFMC, NEFMC,
and SAFMC; mail notification of the closure or trip limit reduction to
all holders of mackerel, squid, and butterfish fishery permits at least
72 hr before the effective date of the closure; provide adequate notice
of the closure or trip limit reduction to recreational participants in
the fishery; and publish notification of the closure or trip limit
reduction in the Federal Register.
0
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).
[[Page 3355]]
(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.
0
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. 2013-00827 Filed 1-15-13; 8:45 am]
BILLING CODE 3510-22-P