[Federal Register Volume 82, Number 77 (Monday, April 24, 2017)]
[Proposed Rules]
[Pages 18882-18888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08130]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 161025999-7319-01]
RIN 0648-BG42
Fisheries of the Northeastern United States; Mid-Atlantic Forage
Species Omnibus Amendment
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 to approve and implement measures included in an
omnibus amendment submitted by the Mid-Atlantic Fishery Management
Council that would manage forage species within Mid-Atlantic Federal
waters. This amendment would implement an annual landing limit,
possession limits, and permitting and reporting requirements for
Atlantic chub mackerel and certain previously unmanaged forage species
and species groups within Mid-Atlantic Federal waters. The purpose of
this action is to prevent the development of new, and the expansion of
existing, commercial fisheries on certain forage species until the
Council has adequate opportunity and information to evaluate the
potential impacts of forage fish harvest on existing fisheries, fishing
communities, and the marine ecosystem.
DATES: Public comments must be received by May 30, 2017.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2017-0013, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0013, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: John K. Bullard, Regional Administrator, NMFS,
Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive,
Gloucester, MA 01930. Mark the outside of the envelope, ``Comments on
Mid-Atlantic Forage Proposed Rule.''
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are 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.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF formats only.
The Council prepared an environmental assessment (EA) for the
Unmanaged Forage Omnibus Amendment that describes the proposed action
and other alternatives considered and provides a thorough analysis of
the impacts of the proposed measures and alternatives considered.
Copies of the Unmanaged Forage Omnibus Amendment, including the EA, the
Regulatory Impact Review, and the Regulatory Flexibility Act analysis
are available from: Christopher Moore, Executive Director, Mid-Atlantic
Fishery Management Council, Suite 201, 800 State Street, Dover, DE
19901. The EA/RIR/IRFA is accessible via the Internet at http://www.greateratlantic.fisheries.noaa.gov/ or http://www.mafmc.org.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
proposed rule may be submitted to the Greater Atlantic Regional
Fisheries Office and by email to [email protected] or fax to
(202) 395-5806.
FOR FURTHER INFORMATION CONTACT: Douglas Christel, Fishery Policy
Analyst, (978) 281-9141, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION:
Background
Mid-Atlantic Council stakeholders identified managing forage
species as a key concern for future action during a 2011 strategic
planning and visioning process. Forage species are generally considered
small, mostly pelagic schooling species that serve as prey for larger
species. In 2014, the Council's Scientific and Statistical Committee
(SSC) developed a white paper on forage species. The paper indicated
that forage species facilitate the transfer of energy from the lowest
levels of the food chain to higher levels, highlighting the importance
of forage species in maintaining the productivity of marine ecosystems.
The Council recognized that although it already manages several forage
species that are the target of directed commercial fisheries (Atlantic
mackerel, longfin and Illex squid, and butterfish), there are other
unmanaged species that serve as prey for species important to
commercial and recreational fisheries managed within the Mid-Atlantic.
However, the Council was concerned that insufficient information
existed to assess the amount of unmanaged forage species currently
being harvested and associated impacts to other marine resources. Due
to the importance of forage species to the marine ecosystem and the
health of important commercial and recreational fisheries, the Council
sought to prevent the further expansion of commercial fishing effort on
forage species. Therefore, the Council wanted to maintain existing
commercial fisheries at recent levels until it could collect more
detailed information to evaluate the potential impacts of forage fish
harvest on existing fisheries, fishing communities, and the marine
ecosystem.
On December 8, 2014, the Council initiated an action to begin
protecting previously unmanaged forage species in each fishery
management plan (FMP) under its jurisdiction. The purpose of the action
is to prevent the development
[[Page 18883]]
of new, and the expansion of existing, commercial fisheries on certain
forage species. Scoping meetings were held from Rhode Island through
North Carolina in September and October 2015. These meetings sought
public input on the type of action to undertake, which forage species
to address, the geographic scope of the action, data needs, possible
measures to prevent the expansion of commercial fisheries on forage
species, and processes to evaluate the development of commercial
fisheries in the future. After further developing proposed measures,
the Council conducted public hearings in May and June 2016 to solicit
additional input on the range of alternatives under consideration by
the Council, with public comments accepted through June 17, 2016. At
its August 2016 meeting, the Council adopted final measures under the
Unmanaged Forage Omnibus Amendment. On November 23, 2016, the Council
submitted the amendment and draft EA to NMFS for preliminary review.
The Council submitted the final forage amendment on March 20, 2017. The
Council reviewed the proposed regulations to implement these measures,
as drafted by NMFS, and, on March 13, 2017, deemed them to be necessary
and appropriate, as specified in section 303(c) of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act).
The Council developed the Unmanaged Forage Omnibus Amendment and
the measures described in this proposed rule under the discretionary
provision specified in section 303(b)(12) of the Magnuson-Stevens Act.
This provision allows a Council to ``include management measures in the
plan to conserve target and non-target species and habitats,
considering the variety of ecological factors affecting fishery
populations.'' While many forage species are important to the
ecosystem, the Council focused its efforts developing measures for a
subset of previously unmanaged forages species with a known connection
to commercial and recreational fisheries within the Mid-Atlantic.
Species with the greatest potential to support future large-scale
commercial fisheries and those important to marine mammals and sea
birds were prioritized by the Council.
During the development of this action, the Council initially
considered Atlantic chub mackerel as a forage species. However, because
a directed commercial fishery for Atlantic chub mackerel has recently
emerged in Federal waters, the Council believed that this species is in
need of specific conservation and management measures of its own. The
Council subsequently developed preliminary measures to regulate the
catch of this species in this action. The Council intends to formally
integrate chub mackerel as a managed species in the Atlantic Mackerel,
Squid, and Butterfish FMP through a separate action within 3 years.
Accordingly, while the Council considers chub mackerel to be a forage
species for the purposes of the Unmanaged Forage Omnibus Amendment, in
this proposed rule, chub mackerel is treated separately from other
forage species in the description of proposed measures and in the
associated regulations in this rule.
Proposed Measures
1. Designation of Certain Mid-Atlantic Forage Species as Ecosystem
Component Species
The Unmanaged Forage Omnibus Amendment proposes to designate the
following species and species groups as ``ecosystem component species''
in all of the FMPs under the Council's jurisdiction:
Anchovies (family Engraulidae)
Argentines (family Argentinidae)
Greeneyes (family Chlorophthalmidae)
Halfbeaks (family Hemiramphidae)
Herrings and Sardines (family Clupeidae)
Lanternfishes (family Myctophidae)
Pearlsides (family Sternoptychidae)
Sand lances (family Ammodytidae)
Silversides (family Atherinopsidae)
Cusk-eels (order Ophidiiformes)
Atlantic Saury-Scomberesox saurus
Bullet Mackerel-Auxis rochei
Frigate Mackerel-Auxis thazard
Pelagic Mollusks (except Sharptail Shortfin Squid)
Copepods, Krill, Amphipods, and Other Species Under One Inch
as Adults
The National Standard Guidelines at 50 CFR 600.305(d)(13) define
ecosystem component (EC) species as ``stocks that a Council . . . has
determined do not require conservation and management, but desire to
list in an FMP in order to achieve ecosystem management objectives.''
The overall rationale used to designate the above list as EC species is
provided in Section 5.1 of the EA, with additional details in Sections
6.1 and 6.4 for each species. Generally, these species and species
groups are small low trophic level organisms that have been documented
as bycatch in existing regulated fisheries, or as prey for marine
mammals, sea birds, endangered species, and species that are the
subject of important Mid-Atlantic commercial and recreational
fisheries. No large-scale directed commercial fisheries for these
species occur in Federal waters. Most of the proposed EC species have
been documented as a bycatch in Federal fisheries or by gear types used
in such fisheries, but such observations are rare for several species
groups. Over half of these species groups have never been reported in
Federal dealer data from 1996-2015 (greeneyes, halfbeaks, herrings and
sardines, lanternfish, pearlsides, and cusk-eels), or only in small
amounts and by few vessels (anchovies and argentines). A small number
of these species are harvested as bait, but mostly in state waters. For
example, 96 percent of recorded sand lance landings and 99.6 percent of
silverside landings during 1996-2015 were associated with state
vessels. Thus, fisheries for these species have not developed to a
large degree, particularly in Federal waters, and are not directly
important to the national or regional economy. Further, because there
is little evidence that these species are predominantly caught in
Federal waters, formal integration of these species into a Federal FMP
is unlikely to improve the condition of the stock. There are very few
data and no stock assessments for these species or species groups to
assess the current status of these organisms, although existing data
generally suggest that these stocks are unlikely to become overfished
or subject to overfishing unless a directed commercial fishery
develops. As a result, while the Council did not believe that the
development of a FMP for these species is warranted at this time, the
Council took a precautionary approach to implement measures in this
action that would restrict future harvest to recent levels and collect
more detailed information to inform future scientific assessments and
management decisions. This is consistent with the National Standard
Guidelines at 50 CFR 600.305(c)(5), which state ``management measures
can be adopted in order to, for example, collect data on the EC
species, minimize bycatch or bycatch mortality of EC species, protect
the associated role of EC species in the ecosystem, and/or to address
other ecosystem issues.''
During the development of this action, we advised the Council to
include in this amendment only species that have a direct connection to
species managed by the Council. In a June 17, 2016, letter, we outlined
our concerns with including bullet and frigate mackerel as EC species
in this action. We recommended that the Council remove bullet mackerel
and frigate mackerel from further consideration, as these species do
not meet the criteria
[[Page 18884]]
identifying forage species outlined in the 2014 SSC white paper.
Specifically, we noted that these two species are relatively large,
high trophic level species. Their adult size (20-24 inches (51-61 cm)
total length) exceeds the SSC's criteria for small forage species (2-10
inches (5-25 cm) total length). The EA notes that bullet and frigate
mackerel feed upon other Mid-Atlantic forage species included in the EC
species list above. Further, they are not forage species for any other
species managed by the Council or caught in managed fisheries. Instead,
they serve as the dominant prey for billfish and tunas, species that
are managed by NMFS under the Highly Migratory Species FMP. There are
no data indicating frigate mackerel are bycatch in any fishery
regulated by the Council. Also, frigate mackerel are not preyed upon by
any species regulated by the Council, although the EA notes that some
regulated species prey upon mackerels in general. While some
justification can be made to include bullet mackerel as an EC species
because of its interactions with species managed by the Council,
similar justification does not exist for frigate mackerel. Since bullet
and frigate mackerel look very similar and are hard to distinguish even
by trained biologists, treating these species differently in this
amendment would pose administrative and enforcement challenges. This is
similar to the rationale offered by the Council for not including
sharptail shortfin squid (Illex oxygonius) in this amendment due to its
similarity to Illex squid (Illex illecebrosus). Finally, the Council's
Fishery Management Action Team (FMAT), Advisory Panel, and Ecosystem
and Ocean Planning Committee all recognized that these two species are
not linked with any of the Council's FMPs. Several Advisory Panel
members and the Committee recommended that the Council remove these
species from further consideration in this action. For all of these
reasons, we are considering disapproving the inclusion of these two
species in this amendment, and we specifically seek public input in
this regard. If these species are not included in the amendment, as
approved by the Secretary of Commerce, the final rule would reflect
that decision through changes to the proposed regulations.
Designation of EC species, in itself, does not carry specific
regulatory requirements under the Magnuson-Stevens Act. The term, as
described above, is used in the National Standard Guidelines to help
Councils distinguish which species require the development of a FMP and
associated conservation and management measures. Accordingly, we are
not proposing to individually list these species as EC species in the
regulations. Instead, to reflect the purpose of this action to manage
forage species, the proposed EC species will be collectively referred
to as ``Mid-Atlantic forage species'' for the remainder of this
preamble discussion and in the proposed regulatory text. This approach
will also reduce confusion by helping to distinguish species managed by
this action from other forage species designated as EC species by the
Pacific Fishery Management Council in a similar action in 2015.
2. Permit and Reporting Requirements
A commercial vessel that possesses, lands, or sells Mid-Atlantic
forage species or chub mackerel caught in Federal waters from New York
through Cape Hatteras, North Carolina (an area referred to as the
``Mid-Atlantic Forage Species Management Unit'' below and in the
proposed regulations), would be required to obtain any valid commercial
fishing vessel permit issued by the Greater Atlantic Regional Fisheries
Office (GARFO). Similarly, a dealer purchasing and selling these
species would be required to obtain a valid seafood dealer permit
issued by GARFO for any species. Any commercial vessel operator fishing
for or possessing these species in or from the Mid-Atlantic Forage
Species Management Unit would be required to obtain and retain on board
a valid operator permit issued by GARFO. Vessel operators and dealers
would also be required to report the catch and sale of these species
and species groups on existing vessel trip reports (logbooks) and
dealer reports, respectively.
3. Annual Landing Limits
The Council is not proposing an annual landing limit for Mid-
Atlantic forage species in this action. However, this action would set
an annual landing limit of 2.86 million lb (1,297 mt) for Atlantic chub
mackerel. This limit represents the average annual chub mackerel
landings in the Northeast from 2013 through 2015 based on Federal
dealer data. All landings of chub mackerel in ports from Maine through
North Carolina would count against the annual landings limit. The
Council considered counting only chub mackerel landings in Mid-Atlantic
ports against the annual landings limit. However, this would have
created a loophole by which vessels could catch chub mackerel in the
Mid-Atlantic, but land it in New England ports to avoid counting it
against the annual landing limit. The Council thought it would be
difficult to effectively enforce the limit without a vessel monitoring
system or other similar mechanism that could detect the area fished,
but the Council did not require such monitoring mechanisms at this
time.
NMFS would close the directed fishery for chub mackerel in the Mid-
Atlantic Forage Species Management Unit once the Regional Administrator
determines that 100 percent of the chub mackerel annual landing limit
has been harvested. After the closure of the directed fishery, vessels
would be subject to the chub mackerel incidental possession limit
described below.
The chub mackerel annual landing limit would expire 3 years after
implementation, unless overwritten by another Council action. This is
because the Council intended the measures in this action to be
temporary, applying only until the Council is able to develop long-term
measures and the scientific information necessary to formally integrate
chub mackerel as a stock in the fishery managed under the Atlantic
Mackerel, Squid, and Butterfish FMP. Long-term conservation and
management measures required by the Magnuson-Stevens Act, such as
biological reference points, an overfishing threshold, and
accountability measures, may take several years to develop. At its
February 2017 meeting, the Council initiated a separate action to
develop these long-term measures for implementation by 2020, if
approved.
4. Possession Limits
This action would specify a 1,700 lb (771 kg) combined possession
limit for all Mid-Atlantic forage species. This limit would apply to
any Mid-Atlantic forage species (see the list of EC species listed
above) caught within the Mid-Atlantic Forage Species Management Unit.
With the exception of bullet and frigate mackerel, this proposed limit
represents 99 percent of trip-level landings of Mid-Atlantic forage
species in the Federal dealer database from 1996-2015.
[[Page 18885]]
Initially, vessels would not be subject to a possession limit for
chub mackerel. Once the chub mackerel annual landing limit is
harvested, NMFS would implement a 40,000-lb (18,144-kg) chub mackerel
possession limit in the Mid-Atlantic Forage Species Management Unit.
This limit reflects the amount of chub mackerel needed to fill a bait
truck. Due to low prices and the relatively high volumes landed by the
large vessels primarily responsible for recent chub mackerel landings,
the Council concluded that vessels are unlikely to target chub mackerel
below the proposed incidental possession limit. Similar to the annual
landing limit, the chub mackerel incidental possession limit would
expire 3 years after implementation unless overwritten by another
Council action.
5. Transit Provision
A vessel issued a Federal commercial fishing permit from GARFO that
possesses Mid-Atlantic forage species and chub mackerel in excess of
the proposed possession limits would be allowed to transit Mid-Atlantic
Forage Species Management Unit in certain circumstances. The following
three conditions must be met to transit through the management unit:
(1) Forage species were harvested outside of the Mid-Atlantic Forage
Species Management Unit; (2) the vessel lands in a port that is outside
of the Mid-Atlantic Forage Species Management Unit (i.e., north of New
York or south of Cape Hatteras, North Carolina); and (3) all gear is
stowed and not available for immediate use. Some Mid-Atlantic forage
species and chub mackerel are caught outside of Mid-Atlantic Federal
waters, including those areas under the jurisdiction of other Councils.
This provision would allow vessels that catch forage species and chub
mackerel outside of the Mid-Atlantic to land these species in other
ports, including those in New England.
6. Administrative Measures
Under this action, the Council would establish a policy that
requires use of an experimental fishing permit (EFP) to support any new
fishery or the expansion of existing fisheries for Mid-Atlantic forage
species. An EFP is a permit issued by GARFO authorizing a vessel to
conduct fishing activities that are otherwise prohibited under existing
regulations. The Regional Administrator consults with the Council's
Executive Director before approving any exemption under an EFP request.
The Council would consider the results of any experimental fishing
activity and other relevant information before deciding how to address
future changes to the management of fisheries for Mid-Atlantic forage
species.
This action also would allow the Council to modify annual landing
limits and possession limits for Mid-Atlantic forage species and chub
mackerel through a framework adjustment to applicable FMPs rather than
through an amendment to the FMP. This would help streamline future
development and approval of revisions to these measures because
measures revised through a framework adjustment can be implemented more
quickly than those implemented through an amendment to a FMP.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Acting Assistant Administrator has determined that this proposed
rule is consistent with the Mid-Atlantic Forage Species Omnibus
Amendment, other provisions of the Magnuson-Stevens Act, and other
applicable law, subject to further consideration after public comment.
In making a final determination, NMFS will take into account the data,
views, and comments received during the comment period.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The purpose, context, and statutory basis for this action is described
above and not repeated here. Business entities affected by this action
were identified as groups of vessels with shared owners that had
landings of species included in this amendment documented in dealer
reports from 2006-2015. Any entity with combined annual fishery landing
receipts less than $11 million is considered a small entity based on
NMFS standards published in the Federal Register (80 FR 81194, December
29, 2015). Between 2006 and 2015, 63 businesses and affiliated entities
reported fishing revenues from forage species affected by this action.
All of these entities had average annual sales during 2013-2015 that
were less than $11 million. Thus, all 63 entities affected by this
action are classified as small businesses.
Mid-Atlantic forage species and chub mackerel accounted for only
0.11-1.76 percent of the average annual gross receipts for all entities
landing these species during 2006-2015. Average annual revenue from
these species was only $3,140 per entity. Even those with the highest
annual fisheries revenue (greater than $100,000), averaged only $10,680
from the sale of forage species during this period. No entity
consistently relied on these species for a substantial portion (greater
than10 percent) of their annual income over the past 10 years. Forty-
six percent of the entities affected by this action reported landings
of these species in only one year during the period from 2006-2015.
Three entities indicated that these species represented 100 percent of
annual fishing income in one year during this period. These three
entities landed less than 1,700 lb of forage species during that one
year, and reported fishing revenue from any species in only four or
fewer years during the period from 2006-2015. It is likely that they
may have taken advantage of high to moderate prices for key forage
species on a few occasions, and that they were not likely reliant upon
fishing for income over the past 10 years.
In determining the significance of the economic impacts of the
proposed action, we considered the following two criteria outlined in
applicable NMFS guidance: Disproportionality and profitability. The
proposed measures would not place a substantial number of small
entities at a significant competitive disadvantage to large entities.
This is because all entities affected by this action are small
entities, as noted above. There are no distributional economic effects
from this action, as proposed measures would maintain fishing
opportunities for forage species at recent levels and would not change
any entity's access to these resources. For the same reason, the
measures also would not significantly reduce profit for a substantial
number of small entities. This action would not impose any costs to
affected entities or reduce their revenues in comparison to the
revenues of recent landings of forage species and chub mackerel.
Because the proposed action is not expected to have a significant
economic impact on a substantial number of small entities, an initial
regulatory flexibility analysis is not required, and none has been
prepared.
This proposed rule contains a collection-of-information requirement
subject to review and approval by OMB under the Paperwork Reduction Act
(PRA). This requirement has been submitted to OMB for approval. Public
reporting burden for these collections of information, including the
time for reviewing instructions, searching existing data sources,
gathering and
[[Page 18886]]
maintaining the data needed, and completing and reviewing the
collection of information, are estimated to average, as follows:
1. Initial Federal vessel permit application, OMB# 0648-0202, (45
minutes/response);
2. Initial Federal dealer permit application, OMB# 0648-0202, (15
minutes/response);
3. Initial Federal operator permit application, OMB# 0648-0202, (60
minutes/response);
4. Vessel logbook report of catch by species, OMB# 0648-0212, (5
minutes/response); and
5. Dealer report of landings by species, OMB# 0648-0229, (4
minutes/response).
Public comment is sought regarding: Whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; the accuracy of the burden estimate; ways to
enhance the quality, utility, and clarity of the information to be
collected; and ways to minimize the burden of the collection of
information, including through the use of automated collection
techniques or other forms of information technology. Send comments on
these or any other aspects of the collection of information to the
Greater Atlantic Regional Fisheries Office at the ADDRESSES above, and
email to [email protected], or fax to (202) 395-5806.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: April 18, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is
proposed to be amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.2, add definitions for ``Atlantic chub mackerel'' and
``Mid-Atlantic forage species'' in alphabetical order to read as
follows:
Sec. 648.2 Definitions.
* * * * *
Atlantic chub mackerel means Scomber colias.
* * * * *
Mid-Atlantic forage species means the following species and species
groups:
(1) Anchovies (family Engraulidae), including but not limited to
the following species:
(i) Striped anchovy-Anchoa hepsetus.
(ii) Dusky anchovy-Anchoa lyolepis.
(iii) Bay anchovy-Anchoa mitchilli.
(iv) Silver anchovy-Engraulis eurystole.
(2) Argentines (family Argentinidae), including but not limited to
the following species:
(i) Striated argentine-Argentina striata.
(ii) Pygmy argentine-Glossanodon pygmaeus.
(3) Greeneyes (family Chlorophthalmidae), including but not limited
to the following species:
(i) Shortnose greeneye-Chlorophthalmus agassizi.
(ii) Longnose greeneye-Parasudis truculenta.
(4) Halfbeaks (family Hemiramphidae), including but not limited to
the following species:
(i) Flying halfbeak-Euleptorhamphus velox.
(ii) Balao-Hemiramphus balao.
(iii) Ballyhoo-Hemiramphus brasiliensis.
(iv) False silverstripe halfbeak/American halfbeak/Meek's halfbeak-
Hyporhamphus meeki.
(5) Herrings and Sardines (family Clupeidae). With the exception of
other herring and sardine species managed under this part, including
American shad, Atlantic herring, blueback herring, hickory shad, and
river herring/alewife, as defined in this section, the following
herring and sardine species are Mid-Atlantic forage species:
(i) Round herring-Etrumeus teres.
(ii) Scaled sardine-Harengula jaguana.
(iii) Atlantic thread herring-Opisthonema oglinum.
(iv) Spanish sardine-Sardinella aurita.
(6) Lanternfishes (family Myctophidae), including but not limited
to the following species:
(i) Horned lanternfish-Ceratoscopelus maderensis.
(ii) Dumril's headlightfish-Diaphus dumerilii.
(iii) Crocodile lanternfish-Lampanyctus crocodilus.
(iv) Doflein's false headlightfish-Lobianchia dofleini.
(v) Spotted lanternfish-Myctophum punctatum.
(7) Pearlsides (family Sternoptychidae), including but not limited
to the following species:
(i) Atlantic silver hatchetfish-Argyropelecus aculeatus.
(ii) Muller's pearlside-Maurolicus muelleri.
(iii) Weizman's pearlside-Maurolicus weitzmani.
(iv) Slope hatchetfish-Polyipnus clarus.
(8) Sand lances (family Ammodytidae), including but not limited to
the following species:
(i) American/inshore sand lance-Ammodytes americanus.
(ii) Northern/offshore sand lance-Ammodytes dubius.
(9) Silversides (family Atherinopsidae), including but not limited
to the following species:
(i) Rough silverside-Membras martinica.
(ii) Inland silverside-Menidia beryllina.
(iii) Atlantic silverside-Menidia menidia.
(10) Cusk-eels (order Ophidiiformes), including but not limited to
the following species:
(i) Chain pearlfish-Echiodon dawsoni.
(ii) Fawn cusk-eel-Lepophidium profundorum.
(iii) Striped cusk-eel-Ophidion marginatum.
(11) Atlantic saury-Scomberesox saurus.
(12) Bullet mackerel-Auxis rochei.
(13) Frigate mackerel-Auxis thazard.
(14) Pelagic mollusks and cephalopods, excluding sharptail shortfin
squid (Illex oxygonius), but including the following pelagic mollusc
species:
(i) Neon flying squid-Ommastrephes bartramii.
(ii) European flying squid-Todarodes sagittatus.
(iii) Atlantic brief squid-Lolliguncula brevis.
(iv) Bobtail squids (family Sepiolidae), including but not limited
to the following species:
(A) Odd bobtail squid-Heteroteuthis dispar.
(B) Big fin bobtail squid-Rossia megaptera.
(C) Warty bobtail squid-Rossia palpebrosa.
(D) Lesser bobtail squid-Semirossia tenera.
(E) Butterfly bobtail squid-Stoloteuthis leucoptera.
(v) Sea angels and sea butterflies (orders Gymnosomata and
Thecosomata).
(vi) Tuberculate pelagic octopus-Ocythoe tuberculata.
(15) Species under one inch as adults, including but not limited to
the following species groups:
(i) Copepods (subclass Copepoda).
(ii) Krill (order Euphausiacea).
(iii) Amphipods (order Amphipoda).
(iv) Ostracods (class Ostracoda).
(v) Isopods (order Isopoda).
[[Page 18887]]
(vi) Mysid shrimp (order Mysidacea).
* * * * *
0
3. In Sec. 648.4, add paragraph (a)(15) to read as follows:
Sec. 648.4 Vessel permits.
(a) * * *
(15) Mid-Atlantic forage species and Atlantic chub mackerel. Any
commercial fishing vessel must have been issued and have on board a
valid commercial vessel permit issued in accordance with this paragraph
(a)(15) to fish for, possess, transport, sell, or land Mid-Atlantic
forage species or Atlantic chub mackerel in or from the EEZ portion of
the Mid-Atlantic Forage Species Management Unit, as defined at Sec.
648.351(c). A vessel that fishes for such species exclusively in state
waters is not required to be issued a Federal permit.
* * * * *
0
4. In Sec. 648.5, revise paragraph (a) to read as follows:
Sec. 648.5 Operator permits.
(a) General. (1) Any operator of a vessel issued a permit, carrier
permit, or processing permit for, and that fishes for or possesses, the
species listed in paragraph (a)(2) of this section, must have been
issued, and carry on board, a valid operator permit for these species.
An operator's permit issued pursuant to part 622 or part 697 of this
chapter, satisfies the permitting requirement of this section. This
requirement does not apply to operators of recreational vessels.
(2) Following are the applicable species: Atlantic sea scallops, NE
multispecies, spiny dogfish, monkfish, Atlantic herring, Atlantic
surfclam, ocean quahog, Atlantic mackerel, squid, butterfish, scup,
black sea bass, or Atlantic bluefish, harvested in or from the EEZ;
tilefish harvested in or from the EEZ portion of the Tilefish
Management Unit; skates harvested in or from the EEZ portion of the
Skate Management Unit; Atlantic deep-sea red crab harvested in or from
the EEZ portion of the Red Crab Management Unit; or Atlantic chub
mackerel or Mid-Atlantic forage species, as defined at Sec. 648.2,
harvested in or from the EEZ portion of the Mid-Atlantic Forage Species
Management Unit, as defined at Sec. 648.351(c).
* * * * *
0
5. In Sec. 648.6, revise paragraph (a)(1) to read as follows:
Sec. 648.6 Dealer/processor permits.
(a) * * *
(1) All dealers of NE multispecies, monkfish, skates, Atlantic
herring, Atlantic sea scallop, Atlantic deep-sea red crab, spiny
dogfish, summer flounder, Atlantic surfclam, ocean quahog, Atlantic
mackerel, squid, butterfish, scup, bluefish, tilefish, and black sea
bass; Atlantic surfclam and ocean quahog processors; Atlantic hagfish
dealers and/or processors, and Atlantic herring processors or dealers,
as described in Sec. 648.2; must have been issued under this section,
and have in their possession, a valid permit or permits for these
species. A dealer of Atlantic chub mackerel or Mid-Atlantic forage
species, as defined in Sec. 648.2, harvested in or from the EEZ
portion of the Mid-Atlantic Forage Species Management Unit, as defined
at Sec. 648.351(c), must have been issued and have in their
possession, a valid dealer permit for any species issued in accordance
with this paragraph.
* * * * *
0
6. In Sec. 648.12, revise the introductory text to read as follows:
Sec. 648.12 Experimental fishing.
The Regional Administrator may exempt any person or vessel from the
requirements of subparts A (General provisions), B (Atlantic mackerel,
squid, and butterfish), D (Atlantic sea scallop), E (Atlantic surfclam
and ocean quahog), F (NE multispecies and monkfish), G (summer
flounder), H (scup), I (black sea bass), J (Atlantic bluefish), K
(Atlantic herring), L (spiny dogfish), M (Atlantic deep-sea red crab),
N (tilefish), O (skates), and P (Mid-Atlantic forage species and
Atlantic chub mackerel) of this part for the conduct of experimental
fishing beneficial to the management of the resources or fishery
managed under that subpart. The Regional Administrator shall consult
with the Executive Director of the MAFMC before approving any
exemptions for the Atlantic mackerel, squid, butterfish, summer
flounder, scup, black sea bass, spiny dogfish, bluefish, and tilefish
fisheries, including exemptions for experimental fishing contributing
to the development of new or expansion of existing fisheries for Mid-
Atlantic forage species and Atlantic chub mackerel.
* * * * *
0
7. In Sec. 648.14, add paragraph (w) to read as follows:
Sec. 648.14 Prohibitions.
* * * * *
(w) Mid-Atlantic forage species and Atlantic chub mackerel. It is
unlawful for any person owning or operating a vessel issued a valid
commercial permit under this part to do any of the following:
(1) Fish for, possess, transfer, receive, or land; or attempt to
fish for, possess, transfer, receive, or land; more than 1,700 lb
(771.11 kg) of all Mid-Atlantic forage species combined per trip in or
from the Mid-Atlantic Forage Species Management Unit, as defined at
Sec. 648.351(c). A vessel not issued a commercial permit in accordance
with Sec. 648.4 that fished exclusively in state waters or a vessel
that fished Federal waters outside of the Mid-Atlantic Forage Species
Management Unit that is transiting the area with gear that is stowed
and not available for immediate use is exempt from this prohibition.
(2) Fish for, possess, transfer, receive, or land; or attempt to
fish for, possess, transfer, receive, or land; more than 40,000 lb
(18.14 mt) of Atlantic chub mackerel per trip in or from the Mid-
Atlantic Forage Species Management Unit, as defined at Sec.
648.351(c), after the annual Atlantic chub mackerel landing limit has
been harvested and notice has been provided to the public consistent
with the Administrative Procedure Act. A vessel not issued a commercial
permit in accordance with Sec. 648.4 that fished exclusively in state
waters or a vessel that fished in Federal waters outside of the Mid-
Atlantic Forage Species Management Unit that is transiting the area
with gear that is stowed and not available for immediate use is exempt
from this prohibition.
0
8. Under part 648, add subpart P to read as follows:
Subpart P--Mid-Atlantic Forage Species and Atlantic Chub Mackerel
Sec.
648.350 Mid-Atlantic forage species and Atlantic chub mackerel
annual landing limits.
648.351 Mid-Atlantic forage species and Atlantic chub mackerel
possession limits.
648.352 Mid-Atlantic forage species and Atlantic chub mackerel
framework measures.
Sec. 648.350 Mid-Atlantic forage species and Atlantic chub mackerel
annual landing limits.
(a) Mid-Atlantic forage species. There is no annual landing limit
for Mid-Atlantic forage species, as defined at Sec. Sec. 648.2.
(b) Atlantic chub mackerel. Effective through December 31, 2020,
the annual landings limit for Atlantic chub mackerel is set at 2.86
million lb (1,297 mt). All landings of Atlantic chub mackerel by
vessels issued a Federal commercial permit in accordance with Sec.
648.4 in ports from Maine through North Carolina shall count against
the annual landings limit. NMFS shall close the directed fishery for
Atlantic chub mackerel in the EEZ portion of the Mid-Atlantic Forage
Species Management Unit in a manner consistent with the
[[Page 18888]]
Administrative Procedure Act when the Regional Administrator determines
that 100 percent of the Atlantic chub mackerel annual landings limit
has been harvested. Following closure of the directed Atlantic chub
mackerel fishery, a vessel must adhere to the possession limit
specified in Sec. 648.351(b).
Sec. 648.351 Mid-Atlantic forage species and Atlantic chub mackerel
possession limits.
(a) Mid-Atlantic forage species. A vessel issued a valid commercial
permit in accordance with Sec. 648.4 may fish for, possess, and land
up to 1,700 lb (771.11 kg) of all Mid-Atlantic forage species combined
per trip in or from the EEZ portion of the Mid-Atlantic Forage Species
Management Unit, as defined in paragraph (c) of this section. A vessel
not issued a permit in accordance with Sec. 648.4 that is fishing
exclusively in state waters is exempt from the possession limits
specified in this section.
(b) Atlantic chub mackerel. Effective through December 31, 2020, a
vessel issued a valid commercial permit in accordance with Sec. 648.4
may fish for, possess, and land an unlimited amount of Atlantic chub
mackerel from the Mid-Atlantic Forage Species Management Unit, as
defined in paragraph (c) of this section, provided the Atlantic chub
mackerel annual landing limit has not been harvested. Once the Atlantic
chub mackerel annual landing limit has been harvested, as specified in
Sec. 648.350, a vessel may fish for, possess, and land up to 40,000 lb
(18.14 mt) of Atlantic chub mackerel per trip in or from the Mid-
Atlantic Forage Species Management Unit for the remainder of the
fishing year (until December 31). A vessel not issued a permit in
accordance with Sec. 648.4 that is fishing exclusively in state waters
is exempt from the possession limits specified in this section.
(c) Mid-Atlantic Forage Species Management Unit. The Mid-Atlantic
Forage Species Management Unit is the area of the Atlantic Ocean that
is bounded on the southeast by the outer limit of the U.S. EEZ; bounded
on the south by 35[deg]15.3' N. lat. (the approximate latitude of Cape
Hatteras, NC); bounded on the west and north by the coastline of the
United States; and bounded on the northeast by the following points,
connected in the order listed by straight lines:
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
1..................... 40[deg]59.32' N. 73[deg]39.62' W.
2..................... 40[deg]59.02' N. 73[deg]39.41' W.
3..................... 40[deg]57.05' N. 73[deg]36.78' W.
4..................... 40[deg]57.87' N. 73[deg]32.85' W.
5..................... 40[deg]59.78' N. 73[deg]23.70' W.
6..................... 41[deg]1.57' N. 73[deg]15.00' W.
7..................... 41[deg]3.40' N. 73[deg]6.10' W.
8..................... 41[deg]4.65' N. 73[deg]0.00' W.
9..................... 41[deg]6.67' N. 72[deg]50.00' W.
10.................... 41[deg]8.69' N. 72[deg]40.00' W.
11.................... 41[deg]10.79' N. 72[deg]29.45' W.
12.................... 41[deg]12.22' N. 72[deg]22.25' W.
13.................... 41[deg]13.57' N. 72[deg]15.38' W.
14.................... 41[deg]14.94' N. 72[deg]8.35' W.
15.................... 41[deg]15.52' N. 72[deg]5.41' W.
16.................... 41[deg]17.43' N. 72[deg]1.18' W.
17.................... 41[deg]18.62' N. 71[deg]55.80' W.
18.................... 41[deg]18.27' N. 71[deg]54.47' W.
19.................... 41[deg]10.31' N. 71[deg]46.44' W.
20.................... 41[deg]2.35' N. 71[deg]38.43' W.
21.................... 40[deg]54.37' N. 71[deg]30.45' W.
22.................... 40[deg]46.39' N. 71[deg]22.51' W.
23.................... 40[deg]38.39' N. 71[deg]14.60' W.
24.................... 40[deg]30.39' N. 71[deg]6.72' W.
25.................... 40[deg]22.38' N. 70[deg]58.87' W.
26.................... 40[deg]14.36' N. 70[deg]51.05' W.
27.................... 40[deg]6.33' N. 70[deg]43.27' W.
28.................... 39[deg]58.29' N. 70[deg]35.51' W.
29.................... 39[deg]50.24' N. 70[deg]27.78' W.
30.................... 39[deg]42.18' N. 70[deg]20.09' W.
31.................... 39[deg]34.11' N. 70[deg]12.42' W.
32.................... 39[deg]26.04' N. 70[deg]4.78' W.
33.................... 39[deg]17.96' N. 69[deg]57.18' W.
34.................... 39[deg]9.86' N. 69[deg]49.6' W.
35.................... 39[deg]1.77' N. 69[deg]42.05' W.
36.................... 38[deg]53.66' N. 69[deg]34.53' W.
37.................... 38[deg]45.54' N. 69[deg]27.03' W.
38.................... 38[deg]37.42' N. 69[deg]19.57' W.
39.................... 38[deg]29.29' N. 69[deg]12.13' W.
40.................... 38[deg]21.15' N. 69[deg]4.73' W.
41.................... 38[deg]13.00' N. 68[deg]57.35' W.
42.................... 38[deg]4.84' N. 68[deg]49.99' W.
43 *.................. 38[deg]2.21' N. 68[deg]47.62' W.
------------------------------------------------------------------------
* Point 43 falls on the U.S. EEZ.
(d) Transiting. Any vessel issued a valid permit in accordance with
Sec. 648.4 may transit the Mid-Atlantic Forage Species Management
Unit, as defined in paragraph (c) of this section, with an amount of
Mid-Atlantic forage species or Atlantic chub mackerel on board that
exceeds the possession limits specified in paragraphs (a) and (b) of
this section, respectively, to land in a port in a state that is
outside of the Mid-Atlantic Forage Species Management Unit, provided
that those species were harvested outside of the Mid-Atlantic Forage
Species Management Unit and that all gear is stowed and not available
for immediate use as defined in Sec. 648.2.
Sec. 648.352 Mid-Atlantic forage species and Atlantic chub mackerel
framework measures.
(a) General. The MAFMC may, at any time, initiate action to add or
revise management measures if it finds that action is necessary to meet
or be consistent with the goals and objectives of the Atlantic
Mackerel, Squid, and Butterfish FMP; the Atlantic Surfclam and Ocean
Quahog FMP; the Summer Flounder, Scup, and Black Sea Bass FMP; the
Atlantic Bluefish FMP; the Spiny Dogfish FMP; and Tilefish FMPs.
(b) Adjustment process. The MAFMC shall develop and analyze
appropriate management actions over the span of at least two MAFMC
meetings. The MAFMC must provide the public with advance notice of the
availability of the recommendation(s), appropriate justification(s) and
economic and biological analyses, and the opportunity to comment on the
proposed adjustment(s) at its first meeting, prior to its second
meeting, and at its second meeting. The MAFMC's recommendations on
adjustments or additions to management measures must come from one or
more of the following categories: The list of Mid-Atlantic forage
species, possession limits, annual landing limits, and any other
measure currently included in the applicable FMPs specified in
paragraph (a) of this section. Issues that require significant
departures from previously contemplated measures or that are otherwise
introducing new concepts may require an amendment of the FMPs instead
of a framework adjustment.
(c) MAFMC recommendation. See Sec. 648.110(a)(2).
(d) NMFS action. See Sec. 648.110(a)(3).
(e) Emergency actions. See Sec. 648.110(a)(4).
[FR Doc. 2017-08130 Filed 4-21-17; 8:45 am]
BILLING CODE 3510-22-P