[Federal Register Volume 62, Number 38 (Wednesday, February 26, 1997)]
[Rules and Regulations]
[Pages 8636-8637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4779]



[[Page 8636]]

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DEPARTMENT OF COMMERCE
50 CFR Part 648

[Docket No. 961125328-7032-02; I.D. 103196B]
RIN 0648-AJ06


Fisheries of the Northeastern United States; Amendment 6 to the 
Fishery Management Plan for the Atlantic Mackerel, Squid, and 
Butterfish Fisheries

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

ACTION: Final rule.

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SUMMARY: NMFS issues this rule to implement measures contained in 
Amendment 6 to the Fishery Management Plan for the Atlantic Mackerel, 
Squid, and Butterfish Fisheries (FMP). Amendment 6 establishes measures 
to prevent overfishing of the Atlantic squids and butterfish, allow for 
seasonal restrictions in the Illex squid fishery to improve yield per 
recruit, change the closure trigger for these species from 80 percent 
to 95 percent of the domestic annual harvest (DAH), and revise bycatch 
trip limits after closure.

EFFECTIVE DATE: March 28, 1997.

ADDRESSES: Copies of Amendment 6, the environmental assessment, 
regulatory impact review, and other supporting documents are available 
upon request from David R. Keifer, Executive Director, Mid-Atlantic 
Fishery Management Council, Room 2115, Federal Building, 300 South New 
Street, Dover, DE 19904-6790.

FOR FURTHER INFORMATION CONTACT: David M. Gouveia, Fishery Management 
Specialist, 508-281-9280.

SUPPLEMENTARY INFORMATION:

Background

    This final rule implements measures in Amendment 6 to the FMP to 
prevent overfishing of the Atlantic squids and butterfish, allow for 
seasonal restrictions in the Illex squid fishery to improve yield per 
recruit, and change the closure trigger for these species from 80 
percent to 95 percent of the DAH. Amendment 6 also revises the trip 
limits on bycatch of these species when a fishery is closed. Background 
concerning the development of Amendment 6 was provided in the notice of 
proposed rulemaking (December 9, 1996, 61 FR 64852), and is not 
repeated here. That notice provided a public comment period that 
concluded on January 21, 1997. No comments were received on the 
proposed rule.

Overfishing Definitions

Illex illecebrosus

    Overfishing for Illex is defined to occur when the catch associated 
with a threshold fishing mortality rate (F) of F<INF>20 is exceeded. 
F<INF>20 is defined as the F that results in 20 percent of the maximum 
spawning potential (MSP) of the stock. This means that 20 percent of 
the maximum spawning biomass would remain in the population compared to 
an unfished population. For Illex, this overfishing definition would 
equate roughly to F=0.28, or an annual rate of removal of about 22 
percent from the population due to fishing.
    Maximum optimum yield (max OY) will also be specified as the catch 
that would result from F<INF>20. To ensure that the overfishing F level 
is not closely approached, the annual quota would be specified to 
correspond to a target F of F<INF>50. F<INF>50 is defined as the F that 
results in 50 percent of the MSP of the stock. This means that 50 
percent of the spawning biomass would remain in the population compared 
to an unfished population. For Illex, this would equate roughly to 
F=0.11, and to an annual rate of removal of about 8 or 9 percent from 
the population due to fishing. Approval of Amendment 6 means that the 
annual specification of max OY is revised to 24,000 mt.

Loligo pealei

    Overfishing for Loligo is defined to occur when the catch 
associated with a threshold F of F<INF>max is exceeded. F<INF>max is 
the F that results in the maximum yield per recruit. For Loligo, this 
overfishing threshold would equate roughly to F=0.36, and to an annual 
rate of removal of about 27 percent from the population due to fishing. 
Max OY will also be specified as the catch that would result from 
fishing at F<INF>max. To ensure that the overfishing threshold is not 
closely approached, the annual quota would be specified to correspond 
to a target F of F<INF>50. For Loligo, this would equate roughly to 
F=0.13, and to an annual rate of removal of about 1 percent from the 
population due to fishing. Approval of Amendment 6 means the annual 
specification of max OY is revised to 26,000 mt.

Atlantic Butterfish

    Because current estimates of F are unreliable, Stock Assessment 
Workshop (SAW) 21 recommended amending the existing overfishing 
definition to take a more conservative (lower risk) approach. 
Overfishing is now defined as occurring when the 3-year moving average 
of pre-recruits from the Northeast Fisheries Science Center's autumn 
bottom trawl survey (mid-Atlantic to Georges Bank) falls within the 
lowest quartile of the time series, or when landings exceed a level 
that would result from a threshold F of F<INF>MSY. Max OY is specified 
as the catch level that would result from fishing at F<INF>MSY. Thus, 
when an estimate of F is available, it will be incorporated as a 
management tool. F<INF>MSY is the F that results in the maximum 
sustainable yield.

Other Measures

    In addition to defining overfishing, Amendment 6 specifies that, in 
order to prevent the DAH from being exceeded, the directed fisheries 
for these species will be closed when 95 percent of the DAH is 
projected to be taken. During the closure, any vessel of the United 
States can retain up to 2,500 lb (1.13 mt) of Loligo or butterfish and 
up to 5,000 lb (2.27 mt) of Illex.
    Amendment 6 also contains a provision that will allow seasonal 
quotas to be specified annually for Illex. The FMP currently provides 
that seasonal quotas can be specified for Loligo only. This measure 
will provide a mechanism that could be used to delay the opening of the 
Illex season and increase yield, since the animals will be given more 
time to grow before they are harvested. The seasonal closure will be 
implemented on an annual basis through the Monitoring Committee process 
specified in the FMP.

Classification

    NMFS has determined that this rule is consistent with the national 
standards, other provisions of the Magnuson-Stevens Fishery 
Conservation and Management Act, and other applicable laws.
    This final 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 rule will not have a 
significant economic impact on a substantial number of small entities. 
The reasons were discussed in the proposed rule published in the 
Federal Register on December 9, 1996 (61 FR 64852) and are not repeated 
here. No comments were received regarding certification. As a result, a 
regulatory flexibility analysis was not prepared.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.


[[Page 8637]]


    Dated: February 20, 1997.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 648 is amended 
as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES [AMENDED]

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

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

    2. In Sec. 648.20, paragraphs (b) through (d) are revised to read 
as follows:


Sec. 648.20  Maximum optimum yield (OYs).

* * * * *
    (b) Loligo--the catch associated with a fishing mortality rate of 
F<INF>max.
    (c) Illex --the catch associated with a fishing mortality rate of 
F<INF>20.
    (d) Butterfish--the catch associated with a fishing mortality rate 
of F<INF>MSY.
    3. In Sec. 648.21, paragraph (c)(5) is revised to read as follows:


Sec. 648.21  Procedures for determining initial annual amounts.

* * * * *
    (c) * * *
    (5) Commercial seasonal quotas/closures for Loligo and Illex.
* * * * *
    4. In Sec. 648.22, paragraphs (a) and (c) are revised to read 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 Director 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, 
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.
* * * * *
    (c) Incidental catches. During the closure of the directed fishery 
for mackerel, the trip limit for mackerel is 10 percent by weight of 
the total amount of fish on board. During a period of closure of the 
directed fishery for Loligo, Illex, or butterfish, the trip limit for 
Loligo and butterfish is 2,500 lb (1.13 mt) each, and the trip limit 
for Illex is 5,000 lb (2.27 mt).
[FR Doc. 97-4779 Filed 2-25-97; 8:45 am]
BILLING CODE 3510-22-F