[Federal Register Volume 65, Number 3 (Wednesday, January 5, 2000)]
[Proposed Rules]
[Pages 431-435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-119]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 991228354-9354-01; I.D. No. 111299C]
RIN 0648-AM49


Fisheries of the Northeastern United States; Atlantic Mackerel, 
Squid, and Butterfish Fisheries; 2000 Specifications

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed 2000 initial specifications; request for comments.

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SUMMARY: NMFS proposes initial specifications for the 2000 fishing year 
for the Atlantic mackerel, squid, and butterfish (MSB) fisheries. This 
action also announces a proposed inseason adjustment to the 2000 
mackerel joint venture processing (JVP) annual specifications, a 
proposal to allocate the domestic annual harvest (DAH) for Loligo squid 
into three 4-month periods, and a proposal to prohibit the use of any 
combination of mesh or liners that effectively decreases the mesh size 
below the minimum mesh size of 1\7/8\ in (48 mm). Regulations governing 
these fisheries require NMFS to publish specifications for the 2000 
fishing year and management measures to assure

[[Page 432]]

that the specifications are not exceeded and to provide an opportunity 
for public comment. The intent of this action is to fulfill these 
requirements and to promote the development and conservation of the MSB 
resources.

DATES: Comments must be received at the appropriate address or fax 
number (See ADDRESSES), no later than 5:00 p.m., eastern standard time, 
on February 4, 2000.

ADDRESSES: Comments on the proposed specifications should be sent to: 
Patricia A. Kurkul, Regional Administrator, Northeast Region Office, 
NMFS, One Blackburn Drive, Gloucester, MA 01930-2298. Please mark the 
envelope, ``Comments-2000 MSB Specifications.'' Comments also may be 
sent via facsimile (fax) to 978-281-9135. Comments will not be accepted 
if submitted via e-mail or Internet. Copies of supporting documents 
used by the Mid-Atlantic Fishery Management Council, including the 
Environmental Assessment and Regulatory Impact Review/Initial 
Regulatory Flexibility Analysis (IRFA), are available from: Daniel 
Furlong, Executive Director, Mid-Atlantic Fishery Management Council, 
Room 2115, Federal Building, 300 South New Street, Dover, DE 19904-
6790.

FOR FURTHER INFORMATION CONTACT: Paul H. Jones, Fishery Policy Analyst 
(978) 281-9273, fax 978-281-9135, e-mail <a href="/cdn-cgi/l/email-protection#b8c8d9cdd496d096d2d7d6ddcbf8d6d7d9d996dfd7ce"><span class="__cf_email__" data-cfemail="601001150c4e084e0a0f0e0513200e0f01014e070f16">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Regulations implementing the Fishery 
Management Plan for Atlantic Mackerel, Squid, and Butterfish Fisheries 
(FMP) prepared by the Mid-Atlantic Fishery Management Council (Council) 
appear at 50 CFR part 648. These regulations require that NMFS, based 
on the maximum optimum yield (Max OY) of each fishery as established by 
the regulations, publish a proposed rule specifying the initial annual 
amounts of the initial optimum yield (IOY) as well as the amounts for 
allowable biological catch (ABC), domestic annual harvest (DAH), 
domestic annual processing (DAP), joint venture processing (JVP), and 
total allowable levels of foreign fishing (TALFF) for the affected 
species managed under the FMP. The regulations also specify that there 
will be no JVP or TALFF specified for Loligo, Illex, or butterfish, 
except that a butterfish bycatch TALFF will be specified if TALFF is 
specified for Atlantic mackerel. Procedures for determining the initial 
annual amounts are found in Sec. 648.21.
    Table 1 contains the proposed initial specifications for the 2000 
Atlantic mackerel, Loligo and IlleX squids, and butterfish fisheries.

     Table 1. Proposed Initial Annual Specifications, in Metric Tons (mt), for Atlantic Mackerel, Squid, and
                      Butterfish for the Fishing Year January 1, Through December 31, 2000
----------------------------------------------------------------------------------------------------------------
                                                               Squid
                 Specifications                  --------------------------------    Atlantic       Butterfish
                                                      Loligo           Illex         Mackerel
----------------------------------------------------------------------------------------------------------------
Max OY..........................................          26,000          24,000         \1\ N/A          16,000
ABC.............................................          13,000          24,000         347,000           7,200
IOY.............................................          13,000          24,000      \2\ 75,000           5,900
DAH.............................................          13,000          24,000      \3\ 75,000           5,900
DAP.............................................          13,000          24,000          50,000               0
JVP.............................................               0               0      \4\ 10,000               0
TALFF...........................................               0               0  ..............              0
----------------------------------------------------------------------------------------------------------------
\1\ Not applicable.
\2\ OY may be increased during the year, but the total ABC will not exceed 347,000 mt
\3\ Includes 15,000 mt of Atlantic mackerel recreational allocation.
\4\ JVP may be increased up to 15,000 mt at discretion of RA.

2000 Proposed Specifications

Atlantic Mackerel

    Overfishing for Atlantic mackerel is defined by the FMP to occur 
when the catch associated with a threshold fishing mortality rate (F) 
of F<INF>MSY</INF> (where MSY is maximum sustainable yield) is 
exceeded. When spawning stock biomass (SSB) is greater than 890,000 
metric tons (mt), the overfishing limit is F<INF>MSY</INF>, F=0.45, and 
the target F is (F=0.25). To avoid low levels of recruitment, the FMP 
adopted a control rule whereby the threshold F decreases linearly from 
0.45 at 890,000 mt SSB to zero at 225,000 mt SSB (\1/4\ 
B<INF>MSY</INF>), and the target F decreases linearly from 0.25 at 
890,000 mt SSB to zero at 450,000 mt SSB (\1/2\ B<INF>MSY</INF>). 
Annual quotas are specified that correspond to a target F according to 
this control law.
    Since SSB is currently above 890,000 mt, the target F is 
F<INF>0.25</INF>. The yield associated with that target F is 369,000 
mt. The ABC recommendation of 347,000 mt represents the F=0.25 yield 
estimate of 369,000 mt, minus the estimated Canadian catch of 22,000 
mt. The proposed IOY for the 2000 Atlantic mackerel fishery is set 
equal to 75,000 mt, which is also equal to the proposed DAH plus TALFF. 
The specification for DAH is computed by adding the estimated 
recreational catch, the proposed DAP and JVP. The recreational 
component of DAH is estimated to be 15,000 mt. DAP and JVP components 
of DAH have historically been estimated using the Council's annual 
processor survey. However, for the years 1994 through 2000, response to 
this voluntary survey was low and did not contain projections from some 
large, known processors. In addition, inquiries regarding the 
utilization of displaced New England groundfish trawlers for possible 
entry into the Atlantic mackerel fishery have led the Council to 
recommend no change to the DAP for the 2000 fishery. While it is 
generally agreed that joint ventures (JV) have had a positive impact on 
the development of the U.S. Atlantic mackerel fishery, testimony from 
the processing sector of the fishery indicate that market opportunities 
for U.S. Atlantic mackerel are increasing. This assertion led to the 
Council recommendation that JVP be set at 10,000 mt in 2000 (the same 
JVP as 1999, but reduced from 15,000 mt in 1998 and 25,000 in 1997). 
The Council position is that even though JV-caught mackerel could 
negatively effect U.S. processing and exports, some specification of 
JVP is necessary to support U.S. harvesters who are currently 
constrained by the limited capacity of the U.S. processing sector. The 
Council concluded that even though JVs are necessary in the short term, 
the long-term policy should be to eliminate JVP to promote the 
development of the U.S. processing and export industry for Atlantic 
mackerel,

[[Page 433]]

which is one of the primary objectives of the current FMP.
    The Council has recommended, and NMFS proposes, a specification of 
10,000 mt of JVP for the 2000 fishery with a possible increase to 
15,000 mt later in the year. If additional applications for JVP are 
received, NMFS could increase this allocation to 15,000 mt by 
publishing a notification in the Federal Register. The Council also 
recommended and NMFS proposes a DAP of 50,000 mt yielding a DAH of 
75,000 mt, which includes the 15,000 mt recreational component.
    Zero TALFF is recommended by the Council for the 2000 Atlantic 
mackerel fishery, and that recommendation is proposed by NMFS. The 
Fisheries Act of 1995, Pub. L. 104-43, prohibits a specification of 
TALFF unless recommended by the Council and proposed by NMFS. In 1992, 
the Council based on testimony from both the domestic fishing and 
processing industries and analysis of nine economic factors found at 
Sec. 655.21(b)(2)(ii) determined that mackerel produced from directed 
foreign fishing would directly compete with U.S. processed products, 
thus limiting markets available to U.S. processors. The industry was 
nearly unanimous in its assessment that a specification of TALFF would 
impede the growth of the U.S. fishery. The Council sees no evidence 
that would change this determination. Further, the Council believes 
that an expanding mackerel market and uncertainty regarding world 
supply, due to the economic and political restructuring in Eastern 
Europe and recent declines in the North Sea mackerel stock, has 
resulted in increased opportunities for U.S. producers to increase 
sales to new markets abroad. The U.S. industry has been successful in 
capturing an increased market share for mackerel in the Caribbean, 
North Africa, and Japan over the past decade, and a number of factors 
indicate that market expansion for U.S. Atlantic mackerel is likely to 
continue. U.S. Atlantic mackerel stock abundance remains high. Also, 
the low abundance of several important groundfish stocks in the Gulf of 
Maine, southern New England, and on Georges Bank are causing continued 
restrictions in fishing effort for those species. These factors 
increase the need for many fishermen to redirect their efforts to 
underutilized species. Atlantic mackerel is considered a prime 
candidate for innovation in harvesting, processing, and marketing.
    As a supplement to the quota paper for the 1993 and 1994 fisheries, 
benefit-cost and sensitivity analyses were prepared by the Council and 
NMFS. Results of the analyses indicated that in the long term a 
specification of zero TALFF will yield positive benefits to the fishery 
and to the Nation. In its 1998, 1999 and 2000 quota papers, the Council 
provided additional analyses of the costs and benefits of directed 
foreign fishing that indicated the conclusions reached in prior 
analyses of zero TALFF have not changed.
    The Council also recommended, and NMFS proposes, that four special 
conditions imposed in previous years shall continue to be imposed on 
the 2000 Atlantic mackerel fishery as follows: (1) JVs are allowed 
south of 37 deg.30' N. latitude, but river herring bycatch may not 
exceed 0.25 percent of the over-the-side transfers of Atlantic 
mackerel; (2) the Regional Administrator should ensure that impacts on 
marine mammals are reduced in the prosecution of the Atlantic mackerel 
fishery; (3) the mackerel OY may be increased during the year, but the 
total should not exceed 347,000 mt; and (4) applications from a 
particular nation for a JV for 2000 will not be decided on until the 
Regional Administrator determines, based on an evaluation of 
performances, that the Nation's purchase obligations for previous years 
have been fulfilled.

Atlantic Squids

Loligo
    The FMP defines overfishing for Loligo as occurring when the catch 
associated with a threshold of F<INF>MAX</INF> is exceeded 
(F<INF>MAX</INF> is a proxy for F<INF>MSY</INF>). When an estimate of 
F<INF>MSY</INF> becomes available, it will replace the current 
overfishing proxy of F<INF>MAX</INF>. Max OY is specified as the catch 
associated with a F<INF>MAX</INF>. In addition, the biomass target is 
specified to equal B<INF>MSY</INF>.
    The most recent stock assessment for Loligo (the 29th Northeast 
Regional Stock Assessment Workshop, August 1999 (SAW-29)) concluded 
that the stock is approaching an overfished condition and that 
overfishing is occurring. More recently, NMFS' Report to Congress: 
Status of Fisheries of the United States (October 1999) determined that 
the Loligo stock is overfished. A production model indicated that 
current biomass is less than B<INF>MSY</INF>, and near the biomass 
threshold of 50 percent B<INF>MSY</INF>. There is a high probability 
that F exceeded F<INF>MSY</INF> in 1998. The average F from the winter 
fishery (October to March) over the last 5 years averaged 180 percent 
of F<INF>MSY</INF>, and F from the summer fishery equaled 
F<INF>MSY</INF>. In addition, recent indices of recruitment are well 
below average.
    The Magnuson-Stevens Fishery Conservation and Management Act 
requires the Council to take remedial action to rebuild the stock to a 
level that will produce MSY (B<INF>MSY</INF>) given the status 
determination that Loligo is overfished. The control rule in the FMP 
specifies that the target F must be reduced to zero if biomass falls 
below 50 percent of B<INF>MSY</INF>. The target F increases linearly to 
75 percent of F<INF>MSY</INF> as biomass increases to B<INF>MSY</INF>. 
However, projections made in SAW-29 indicate that the Loligo control 
rule appears to be overly conservative. The projections presented 
demonstrate that the stock could be rebuilt in a relatively short 
period of time, even at F values approaching F<INF>MSY</INF>. 
Projections indicate that the Loligo biomass can be rebuilt to levels 
approximating B<INF>MSY</INF> in 3 to 5 years if F is reduced to 90 
percent of F<INF>MSY</INF>. The yield associated with this F (90 
percent of F<INF>MSY</INF>) in 2000, assuming status quo F in 1999, was 
estimated to be 13,000 mt based on projections from SAW-29. The 
establishment of 4-month periods spreads F out over the year and is 
expected to protect spawners. The current regulations still specify Max 
OY as the yield associated with F<INF>MAX</INF>, or 26,000 mt.
    In determining the specification of ABC for the year 2000, the 
Council considered the SAW-29 projections. Based on these analyses, the 
Council chose to specify ABC as the yield associated with 90 percent of 
F<INF>MSY</INF>, or 13,000 mt.
    Thus, the proposed Max OY for Loligo is 26,000 mt and the 
recommended ABC for the 2000 fishery is 13,000 mt, representing a 
decrease of 8,000 mt from the 1999 ABC of 21,000 mt. This new level of 
ABC is based on the recommendation of SAW-29 and is determined to be a 
level that would allow the Loligo stock to rebuild to levels at or near 
B<INF>MSY</INF> within 3 to 5 years.
Distribution of Annual Loligo Quota by Three 4-Month Periods
    The Council recommended and NMFS proposes an IOY of 13,000 mt, 
which is equal to ABC. Management advice from SAW-29 also made special 
note of the fact that yield from this fishery should be distributed 
throughout the fishing year. Given that the current permitted fleet 
historically has demonstrated the ability to land Loligo in excess of 
the quota specified for 2000, the Council recommends, and NMFS 
proposes, that the annual quota be sub-divided into three different 4-
month quota periods. The quota would be allocated to each period based 
on the proportion of landings occurring in each

[[Page 434]]

4-month period from 1994-1998. The directed fishery during the first 
two 4-month periods would be closed when 90 percent of the amount 
allocated to the period was landed, and a trip limit of 2,500 lb (1,134 
kg) would remain in effect until that quota period ends. Any underages 
from 4-month period I or II will be applied to the subsequent 4-month 
period and overages will be deducted from 4-month period III. 
Similarly, the directed fishery would be closed in 4-month period III 
when 95 percent of the annual quota has been taken. The intent of the 
Council is for the fishery to operate at the 2,500 lb (1,134 kg) trip 
limit level for the remainder of the quota period III. The quota, 
allocated by 4-month periods, is shown in Table 2.

               Table 2.--Loligo 4-Month Period Allocations
------------------------------------------------------------------------
                4-Month Period                    Percent    Metric tons
------------------------------------------------------------------------
I (Jan-Apr)...................................           42        5,460
II (May-Aug)..................................           18        2,340
III (Sep-Dec).................................           40        5,200
                                               -------------------------
  Total.......................................          100       13,000
------------------------------------------------------------------------

    In Amendment 5 to the FMP, the Council concluded that U.S. vessels 
have the capacity to, and will harvest the OY on an annual basis, so 
DAH equals OY. The Council also concluded that U.S. fish processors, on 
an annual basis, can process that portion of the OY that will be 
harvested by U.S. commercial fishing vessels, so DAP equals DAH and JVP 
equals zero. Since U.S. fishing vessels have the capacity to harvest 
and will attempt to harvest the entire OY, there is no portion of the 
OY that can be made available for foreign fishing, so TALFF equals 
zero. These determinations were made in Amendment 5 to the FMP. The 
proposed values of IOY, DAH, and DAP equal 13,000 mt for the 2000 
Loligo fishery, and represent a reduction of 8,000 mt from the final 
1999 Loligo IOY/DAH/DAP specifications.
Loligo Gear Requirements
    In addition to the quota specifications summarized here, the 
Council also recommended, and NMFS proposes, that additional language 
be added to the regulations pertaining to gear requirements in the 
Loligo fishery. Industry members testified before the Council that some 
fishermen may be rigging the inner portion of the codends used in the 
Loligo fishery in a manner that alters the intended selective 
properties of the regulated mesh size (1\7/8\ in (48 mm)) by using an 
inner codend of substantially greater circumference than the outer 
portion of the codend (i.e., the strengthener). The Council 
recommended, and NMFS proposes, to remedy this situation by adding the 
following language to the mesh restriction section of the regulations 
governing the Loligo fishery: ``The inside webbing of the codend shall 
be the same circumference or less than the outside webbing 
(strengthener). In addition, the inside webbing shall not be more than 
2 ft (61 cm) longer than the outside webbing.'' The addition of this 
language should greatly improve enforcement of the mesh requirements in 
the Loligo fishery.
Illex
    The Max OY for IlleX squid is 24,000 mt. The Council recommended, 
and NMFS proposes, an ABC of 24,000 mt, which is equal to the quota 
associated with F<INF>MSY</INF>. Amendment 8 also changed the 
definitions of overfishing for IlleX squid. The approved overfishing 
definition for IlleX is, ``Overfishing for IlleX will be defined to 
occur when the catch associated with a threshold fishing mortality rate 
of F<INF>MSY</INF> is exceeded * * *. Maximum OY will be specified as 
the catch associated with a fishing mortality rate of F<INF>MSY</INF>. 
In addition, the biomass target is specified to equal B<INF>MSY</INF>. 
The minimum biomass threshold is specified as \1/2\ B<INF>MSY</INF>.''
    The most recent assessment of the IlleX stock (SAW-29) concluded 
that the stock is not in an overfished condition and that overfishing 
is not occurring. The previous assessment, the 21st Northeast Regional 
Stock Assessment (1996), had concluded that the U.S. IlleX stock is 
fully-exploited. Due to a lack of adequate data, the estimate of yield 
at F<INF>MSY</INF> was not updated in SAW-29. However, an upper bound 
on annual F was computed for the U.S. exclusive economic zone (EEZ) 
portion of the stock based on a model that incorporated weekly landings 
and relative fishing effort and mean squid weights during 1994-1998. 
These estimates of F were well below the biological reference points. 
Current absolute stock size is unknown and no stock projections were 
done in SAW-29.
    Since data limitations did not allow an update of yield estimates 
at the threshold and target F values, the Council recommended, and NMFS 
proposes, that the specification of MAX OY and ABC be specified at 
24,000 mt (yield associated with F<INF>MSY</INF>). Under this option, 
the directed fishery for IlleX would remain open until 95 percent of 
ABC is taken (22,800 mt). When 95 percent of ABC is taken, the directed 
fishery would be closed and a 5,000-lb (2,268-kg) trip limit would 
remain in effect for the remainder of the fishing year. As in the case 
of Loligo, Amendment 5 eliminated the possibility of JVP and TALFF for 
the IlleX fishery.

Butterfish

    The FMP sets OY for butterfish at 16,000 mt. Based on the most 
current stock assessment, the Council recommends, and NMFS proposes, an 
ABC of 7,200 mt for the 2000 fishery, representing no change in the 
specifications since 1996. Commercial landings of butterfish have been 
low at 3,489 mt, 2,798 mt, and 1,964 mt for the 1996 through 1998 
fisheries, respectively. Lack of market demand and the difficulty in 
locating schools of market size fish have caused severe reductions in 
the supply of butterfish. Discard data from the offshore fishery are 
lacking and high discard rates could be reducing potential yield.
    The Council recommended and NMFS proposes an IOY and DAH for 
butterfish of 5,900 mt. Amendment 5 eliminated the possibility of JVP 
or TALFF specifications for butterfish except for a bycatch TALFF 
specification if TALFF is specified for Atlantic mackerel. However, 
since the Council recommended, and NMFS proposes, no TALFF for Atlantic 
mackerel, no bycatch TALFF is necessary for butterfish.

Classification

    This action is authorized by 50 CFR part 648 and complies with the 
National Environmental Policy Act.
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Council prepared an IRFA in section 5.0 of the RIR that 
describes the economic impacts this proposed rule, if adopted, would 
have on small entities. A description of the action, why it is being 
considered, and the legal basis for this action are contained at the 
beginning of this section of the preamble and in the SUMMARY section of 
the preamble. A summary of the analysis follows:
    The IRFA examines the proposed specifications and several 
alternatives. The Council has identified the number of potential 
fishing vessels in the 2000 fisheries as 443 vessels fishing for 
Loligo, 77 vessels fishing for IlleX, 443 vessels fishing for 
butterfish, and 1980 vessels fishing for Atlantic mackerel. Many 
vessels participate in more than one of these fisheries; therefore, the 
numbers are not additive. For Atlantic mackerel, the proposed ABC 
specifications of 347,000 mt and DAH of 75,000 mt, and the proposed 
Illex squid

[[Page 435]]

DAH specifications of 24,000 mt, and the proposed butterfish DAH 
specifications of 5,900 mt, represent no constraint on vessels in these 
fisheries. There exists a surplus between the proposed specifications 
and the actual landings for these species in recent years. Absent a 
constraint on the fisheries, no impacts on revenues are expected. The 
proposed reduction in the Loligo quota in 2000 from 21,000 mt to 13,000 
mt would represent an 18-percent reduction in landings compared to the 
average last three (1996-1998) landings. This reduction may result in a 
5-10 percent revenue reduction (all species combined) for 121 of 443 
vessels that reported landing Loligo in 1997. The remaining vessels 
(322) are expected to experience a reduction of less than 5 percent.
    The alternative action for Atlantic mackerel would be to set the 
2000 specifications at the same level as 1999 (ABC=382,000 mt). 
Although it was rejected as inconsistent with the FMP, this alternative 
would also place no constraints, and consequently no revenue impacts, 
on the fishery. The second alternative for mackerel was to set ABC at 
the long-term potential catch, or 134,000 mt. This alternative was 
found inconsistent with the FMP and would not impact the IOY 
specifications. The last alternative considered for mackerel included 
the elimination of JVP, which would lower the specification of IOY to 
65,000 mt, also far in excess of recent landings. Both of these 
alternatives would not constrain the fishery and were determined to 
have no impact on revenues of participants in this fishery.
    For Loligo, an alternative ABC, DAH, DAP, and IOY of 11,700 mt 
would represent a 26 percent reduction in 1996-1998 average landings. 
Under this scenario 161 of the 443 impacted vessels would experience 
revenue reductions of greater than 5 percent. The remaining 282 vessels 
would experience less than 5 percent reduction in revenue.
    For IlleX, an alternative Max OY, ABC, IOY, DAH, and DAP of 30,000 
mt far exceed recent landings in this fishery. Therefore, there would 
be no constraints, and thus no revenue reductions, associated with 
these specifications. For butterfish, the Council considered a DAH, OY, 
and Max OY of 16,000 mt and a DAH and OY of 10,000 mt. Since both such 
specifications would be hazardous to the health of the stock, the 
Council rejected these alternatives that would also not constrain or 
impact the industry.
    This rule also proposes to prohibit the use of any combination of 
mesh or liners in the Loligo fishery that effectively decreases the 
mesh size below the minimum mesh size of 1\7/8\ in (48 mm). The 
addition of language to the mesh restriction section of the regulations 
governing the Loligo fishery will remedy the present situation of 
rigging the inner portion of the codends in a manner that alters the 
intended selective properties of the regulated mesh size by using an 
inner codend of substantially greater circumference than the outer 
portion of the codend. This prohibition should greatly improve 
enforcement of the mesh requirements in the Loligo fishery compared 
with the status quo alternative and will not adversely impact any small 
entity that is not circumventing the mesh size regulations by using a 
larger codend.
    This proposed rule does not duplicate, overlap, or conflict with 
other Federal rules. There are no recordkeeping or reporting 
requirements associated with this rule.
    The RIR/IRFA is available from the Council (see ADDRESSES).

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: December 29, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 648 is 
proposed to be amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

    1. The authority citation for part 648 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

    2. In Sec. 648.21, paragraph (e) is added to read as follows:


Sec. 648.21  Procedures for determining initial annual amounts.

* * * * *
    (e) Distribution of Annual Commercial Quota. (1) Beginning January 
1, 2000, a commercial quota will be allocated annually into three 
periods, based on the following percentages:

------------------------------------------------------------------------
                           Period                              Percent
------------------------------------------------------------------------
I--January-April...........................................           42
II--May-August.............................................           18
III--September-December....................................           40
------------------------------------------------------------------------

    (2) Beginning January 1, 2000, any underages of commercial period 
quota landed from Periods I and II will be applied to Period III and 
any overages of commercial quota landed from Periods I and II will be 
subtracted from Period III.
    3. In Sec. 648.22, paragraph (a) is revised as follows:


Sec. 648.22  Closure of the fishery.

    (a) General. The Assistant Administrator shall close the directed 
mackerel fishery in the EEZ when U.S. fishermen have harvested 80 
percent of the DAH of that fishery if such closure is necessary to 
prevent the DAH from being exceeded. The closure shall remain in effect 
for the remainder of the fishing year, with incidental catches allowed 
as specified in paragraph (c) of this section, until the entire DAH is 
attained. When the Regional Administrator projects that DAH will be 
attained for mackerel, the Assistant Administrator shall close the 
mackerel fishery in the EEZ, and the incidental catches specified for 
mackerel in paragraph (c) of this section will be prohibited. The 
Assistant Administrator shall close the directed fishery in the EEZ for 
Loligo when 90 percent is harvested in Periods I and II, and when 95 
percent of DAH has been harvested in Period III. The Assistant 
Administrator shall close the directed fishery in the EEZ for IlleX or 
butterfish when 95 percent of DAH has been harvested. The closure of 
the directed fishery shall be in effect for the remainder of the 
fishing year with incidental catches allowed as specified in paragraph 
(c) of this section.
* * * * *
    4. In Sec. 648.23, paragraph (c) is revised to read as follows:


Sec. 648.23  Gear restrictions.

* * * * *
    (c) Mesh obstruction or constriction. The owner or operator of a 
fishing vessel shall not use any combination of mesh or liners that 
effectively decreases the mesh size below the minimum mesh size, except 
that a liner may be used to close the opening created by the rings in 
the rearmost portion of the net, provided the liner extends no more 
than 10 meshes forward of the rearmost portion of the net. The inside 
webbing of the codend shall be the same circumference or less than the 
outside webbing (strengthener). In addition, the inside webbing shall 
not be more than 2 ft (61 cm) longer than the outside webbing.
* * * * *
[FR Doc. 00-119 Filed 1-4-00; 8:45 am]
BILLING CODE 3510-22-P


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