[Federal Register Volume 62, Number 228 (Wednesday, November 26, 1997)]
[Proposed Rules]
[Pages 63064-63066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31065]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 971107264-7264-01; I.D. 102297A]
RIN 0648-AK47


Fisheries of the Northeastern United States; Atlantic Mackerel, 
Squid, and Butterfish Fisheries; 1998 Specifications

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

ACTION: Proposed rule and proposed 1998 initial specifications; request 
for comments.

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SUMMARY: NMFS proposes initial specifications for the 1998 fishing year 
for Atlantic mackerel, Loligo and Illex squids, and butterfish (MSB). 
In addition, NMFS proposes to amend the minimum net mesh size 
requirement for Loligo squid to make it applicable only to the cod end 
of the net. The intent of this change is to reduce the frequency that 
nets need to be replaced with a resultant cost savings to the fishery. 
Regulations governing these fisheries require NMFS to publish 
specifications for the upcoming fishing year and provide an opportunity 
for the public to comment.

DATES: Public comments must be received on or before December 26, 1997.

ADDRESSES: Copies of the Mid-Atlantic Fishery Management Council's 
quota paper and recommendations, the Environmental Assessment, and 
Regulatory Impact Review, including analysis of impacts under the 
Regulatory Flexibility Act, are available from David R. Keifer, 
Executive Director, Mid-Atlantic Fishery Management Council, Room 2115, 
Federal Building, 300 South New Street, Dover, DE 19901.
    Comments should be sent to Andrew A. Rosenberg, Ph.D., Regional 
Administrator, Northeast Region, NMFS, 1 Blackburn Drive, Gloucester, 
MA 01930. Please mark the envelope ``Comments--1998 MSB 
specifications.''

FOR FURTHER INFORMATION CONTACT: Myles Raizin, (978) 281-9104.

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 NMFS to 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 species managed under the FMP. No 
reserves are permitted under the FMP for any of these species. In 
addition to commercial quotas, the Council, in consultation with its 
Squid, Mackerel, and Butterfish Technical Monitoring Committee, may 
recommend revisions to the amount of Loligo and Illex squids and 
butterfish that may be retained, possessed, and landed by vessels 
issued the incidental catch permit; commercial minimum fish sizes; 
commercial trip limits; commercial seasonal quotas/closures for Loligo 
or Illex squid; minimum mesh sizes; commercial gear restrictions; 
recreational harvest limit; recreational minimum fish size; and 
recreational possession limits.
    The following table contains the proposed initial specifications 
for the 1998 Atlantic mackerel, Loligo and Illex squids, and butterfish 
fisheries as recommended by the Council:

   Preliminary Initial Annual Specifications for Atlantic Mackerel, Squid, and Butterfish for the Fishing Year  
                                       January 1 Through December 31, 1998                                      
                                                [Metric ton (mt)]                                               
----------------------------------------------------------------------------------------------------------------
                                                      Squid                                                     
           Specifications            -------------------------------------- Atlantic Mackerel      Butterfish   
                                            Loligo             Illex                                            
----------------------------------------------------------------------------------------------------------------
Max OY..............................            <SUP>126,000            <SUP>124,000              <SUP>2 N/A            <SUP>316,000
ABC.................................             21,000             19,000            382,000              7,200
IOY.................................             21,000             19,000         \4\ 80,000              5,900
DAH.................................             21,000             19,000         \5\ 80,000              5,900
DAP.................................             21,000             19,000             50,000              5,900
JVP.................................                  0                  0             15,000                  0
TALFF...............................                  0                  0                  0                 0 
----------------------------------------------------------------------------------------------------------------
\1\ Maximum optimum yield (Max OY) corresponds to a level of fishing beyond which overfishing occurs for Loligo 
  and Illex.                                                                                                    
\2\ Max OY is not applicable for Atlantic mackerel.                                                             
\3\ Max OY is specified as a catch level that would result from F<INF>msy for butterfish.                            
\4\ IOY for Atlantic mackerel may be increased during the year, but the total will not exceed 382,000 mt.       
\5\ Includes 15,000 mt of Atlantic mackerel recreational allocation.                                            


[[Page 63065]]

1998 Proposed Specifications

Atlantic Mackerel

    The ABC is recommended to be 382,000 mt. This is consistent with 
the overfishing definition for Atlantic mackerel that restricts ABC in 
U.S. and Canadian waters to that quantity of mackerel associated with a 
fishing mortality rate of F<INF>0.1,</INF> estimated by the most recent 
stock assessment (1996) at 405,000 mt. In addition, the recommendation 
must maintain a spawning stock size of at least 900,000 mt in the year 
following the year for which specifications are being developed (see 
Sec. 648.21(b)(2)). A harvest of 405,000 mt is estimated by the 
assessment to result in an estimated spawning stock for 1999 of 
1,695,000 mt. Using the projected Canadian catch of 23,000 mt, the 
proposed measure would cap ABC for Atlantic mackerel at 382,000 mt 
(405,000--23,000 mt).
    IOY is a modification of ABC which reflects social and economic 
factors (see Sec. 648.21(b)(2)(ii)). IOY is comprised of two 
components: DAH and TALFF. DAH is the sum of a recreational catch 
estimate: DAP and JVP. The Council estimates that the 1998 recreational 
catch will be 15,000 mt, and DAP will be 50,000 mt. The Council also 
recommends that IOY be set at a level that provides for a JVP of 15,000 
mt and TALFF of zero. The resulting IOY recommended is 80,000 mt.
    DAP has historically been estimated using the Council's annual 
process or survey, which this year estimated 11,364 mt necessary for 
1998. However, for the 1998 estimates, response was low and did not 
contain projections from the large, known processors. In addition, 
inquiries concerning entry of displaced New England groundfish trawlers 
into the Atlantic mackerel fishery have led the Council to anticipate 
increases in harvest. Therefore, the Council recommends no change to 
the DAP for the 1998 fishery from the 1997 level of 50,000 mt.
    The 1998 JVP specification of 15,000 mt was reduced by 10,000 mt 
from 1997 to reflect the concern the Council has about the negative 
effect that joint ventures (JVs) could have on the further development 
of the U.S. export market. The potential for future North Sea mackerel 
total allowable catch (TAC) reductions may provide an opportunity for 
U.S. producers to sell additional mackerel on the international market. 
The reduction is consistent with the Council's stated policy to proceed 
on a course that recognizes the need for JVs in the short term to allow 
U.S. harvesters to take mackerel at levels in excess of current U.S. 
processing capacity. However, in the longer term, the Council intends 
to eliminate JVs as U.S. processing and export capacity increases.
    An IOY level that keeps TALFF at zero is recommended for the 1998 
Atlantic mackerel fishery. The Fisheries Act of 1995 prohibits a 
specification of TALFF unless recommended by the Council. In 1992, the 
Council used testimony from both the domestic fishing and processing 
industries and analysis of nine economic factors found at 
Sec. 648.21(b)(2)(iii) to determine 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 this evaluation has changed. Further, the Council 
believes that an expanding mackerel market and uncertainty regarding 
world supply, due to recent declines in the North Sea mackerel stock, 
have resulted in increased opportunities for U.S. producers to increase 
sales to new markets abroad. The U.S. industry has made some progress 
in capturing an increased market share for mackerel in Japan over the 
past 2 years, though Canada and Jamaica remain the most important 
export nations. Several factors indicate that market expansion for U.S. 
Atlantic mackerel is likely to continue. In addition, U.S. Atlantic 
mackerel stock abundance remains high. The continued low abundance of 
several important groundfish stocks in the Gulf of Maine, southern New 
England, and on Georges Bank and restrictions on fishing for those 
species also increase the likelihood that harvesters will redirect 
their efforts to Atlantic mackerel. Atlantic mackerel is considered a 
prime candidate for innovation in harvesting, processing, and 
marketing.
    The Council also recommended that four special conditions imposed 
in previous years continue to be imposed on the 1998 Atlantic mackerel 
fishery as follows: (1) Joint ventures be allowed south of 37 deg.30' 
N. lat., but river herring bycatch can not exceed 0.25 percent of the 
over-the-side transfers of Atlantic mackerel; (2) the Administrator, 
Northeast Region, NMFS (Regional Administrator) must 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 must not exceed ABC; and (4) a joint venture 
with a particular nation shall not be allowed unless the Regional 
Administrator determines, based on an evaluation of performance, that 
the nation's purchase obligations from previous years have been 
fulfilled.

Atlantic Squids

    The FMP sets the Maximum Optimum Yield (Max OY) for Loligo squid at 
26,000 mt. The recommended ABC for the 1998 Loligo squid fishery is 
21,000 mt, unchanged from the 1997 ABC. This level represents the 
harvest level associated with a fishing mortality rate of 
F<INF>50</INF>, which was adopted in Amendment 6 to the FMP as an 
appropriate target harvest level for this species. The Council 
recommended that IOY should equal ABC.
    The FMP sets the Max OY for Illex squid at 24,000 mt. The Council 
recommended an ABC of 19,000 mt, which represents the harvest level 
associated with a fishing mortality rate of F<INF>50</INF> as required 
in Amendment 6 to the FMP. As for Loligo squid, the Stock Assessment 
Workshop (SAW) 21 recommended that F<INF>50</INF> would be an 
appropriate target harvest level for this species. The Council 
recommended that the IOY for Illex squid be set equal to ABC.

Butterfish

    The FMP sets the Max OY for butterfish at 16,000 mt. The most 
recent stock assessment was done in 1994 (SAW-17) and advised that the 
stock may not be able to sustain landings in excess of the long-term 
historical average (1965-92) of 7,200 mt. Based on this advice, the 
Council recommends maintaining ABC at 7,200 mt (unchanged from 1997). 
The Council also recommended maintaining IOY and DAH at 1997 levels 
(5,900 mt) to reflect the uncertainty that exists regarding the level 
of discards in the directed fishery.
    As a result of the approval of Amendment 5, the FMP specifies that 
there will be no JVP or TALFF specified for Loligo squid, Illex squid, 
or butterfish, except that a butterfish bycatch TALFF will be specified 
if TALFF is specified for Atlantic mackerel. Since the Council 
recommended no TALFF for Atlantic mackerel, no bycatch TALFF is 
required for butterfish.

Framework Measure for Loligo Squid Nets

    Amendment 5 to the Atlantic Mackerel, Squid, and Butterfish FMP 
established a minimum mesh requirement of 1\7/8\ inches (48 mm) 
throughout the entire net, for vessels possessing Loligo squid. 
Amendment 5 also established a framework procedure whereby the minimum 
mesh provision

[[Page 63066]]

for Loligo squid could be reconsidered by the Council on an annual 
basis. Numerous members of the commercial fishing industry testified 
before the Council that the minimum mesh requirement for Loligo squid 
established in Amendment 5, applied throughout the entire net, was 
creating a major compliance problem within the squid industry. 
Testimony was given that, after continuous use, meshes forward of the 
codend become distorted and shrink. Because the body of the net forward 
of the codend lasts significantly longer than the codend, this problem 
becomes more acute with time. Industry is concerned that nets, which 
were legal when new, could be in violation of the minimum mesh 
provision after extended use. Since selection occurs in the codend of 
the net, they argue that the requirement for minimum mesh throughout 
the entire net is creating an unnecessary burden on the industry.
    In response to these concerns the Council decided to change the 
minimum mesh requirement for Loligo squid such that it applies to the 
codend of the net only. The actual mesh size requirement of 1\7/8\ 
inches (48 mm) remains unchanged. Thus the Council has chosen to modify 
the mesh requirement for Loligo squid for 1998 by requiring that nets 
have a minimum mesh size of 1\7/8\ inches (48 mm) diamond, inside 
stretch measure, applied throughout the codend for at least 150 
continuous meshes forward of the terminus of the net, or, if the net is 
not long enough for such a measurement, the terminal one-third of the 
net, measured from the terminus of the net to the head rope. This 
should relieve the industry of major costs associated with replacing 
the body of the net before its useful service life has been realized. 
The effects on the fishery should be minimal since the selection 
process, which occurs in the codend, will be unchanged. The Council 
concluded that the benefits to the industry in terms of cost savings 
far outweighed any negative effects of applying the mesh requirement to 
the codend only. Additional savings in terms of enforcement of the mesh 
regulations should be realized since enforcement officers will only be 
required to check mesh sizes in the codend instead of the entire net, 
which, in most cases, is quite large and can consume a significant 
amount of time during the boarding process.

Classification

    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Assistant General Counsel for Legislation and 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. It is assumed that all vessels prosecuting these 
fisheries are small entities. For Loligo and Illex squid and 
butterfish, gross revenues are not expected to decrease as a 
consequence of the proposed actions. In 1996, Loligo squid landings 
were 12,459 mt. The proposed IOY specification for Loligo squid in 1998 
is 21,000 mt. In 1996, Illex squid landings were 16,969 mt. The 
proposed IOY specification for Illex squid in 1998 is 19,000 mt. In 
1996, butterfish landings were 3,489 mt. The proposed IOY specification 
for butterfish in 1998 is 5,900 mt. In the case of Atlantic mackerel, 
the 1998 IOY was reduced from 90,000 mt in 1997 to the proposed level 
of 80,000 mt in 1998. Both specifications far exceed recent harvest in 
the 1996 fishery of 15,712 mt. In addition, the reduction in IOY in 
1998 was due to a reduction in the JV specification by 10,000 mt. Since 
there has been no JV activity in recent years, the reduction in the JV 
specification should not affect revenues in the fishery.
    Based on this information, the 1998 quotas allow for a further 
expansion of domestic fishing effort. Assuming that prices are constant 
and 1997 harvest levels are similar to those in 1996, the 1998 quotas 
represent no constraint on the ability of individual vessels to 
increase revenues. It was also determined that restricting the minimum 
mesh size to the codend, for the Loligo squid fishery, would decrease 
operating costs for the industry by reducing the number of times they 
would be forced to change the mesh in the body of the net.
    NMFS, therefore, concludes that the proposed 1998 quota 
specifications for the squid, mackerel, and butterfish fisheries would 
not decrease annual gross revenues by more than 5 percent for a 
substantial number of small entities. Furthermore, it is not expected 
that any vessels would cease operations if these proposed 
specifications are implemented, nor should compliance costs increase by 
10 percent or more for 20 percent of the vessels or processors in any 
of these fisheries. As a result, a regulatory flexibility analysis was 
not prepared.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: November 20, 1997.
David L. Evans,
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 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. 648.23, paragraph (a) introductory text is revised to 
read as follows:


Sec. 648.23  Gear restrictions.

    (a) Mesh restrictions and exemptions. Owners or operators of otter 
trawl vessels possessing Loligo squid harvested in or from the EEZ may 
only fish with nets having a minimum mesh size of 1\7/8\ inches (48 mm) 
diamond mesh, inside stretch measure, applied throughout the codend for 
at least 150 continuous meshes forward of the terminus of the net, or 
for codends with less than 150 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 head rope, unless they are fishing during the 
months of June, July, August, and September for Illex squid seaward of 
the following coordinates (copies of a map depicting this area are 
available from the Regional Administrator upon request):
* * * * *
[FR Doc. 97-31065 Filed 11-25-97; 8:45 am]
BILLING CODE 3510-22-P