8636 Federal Register / Vol. 62, No. 38 / Wednesday, February 26, 1997 / Rules and Regulations

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.

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

F20 is exceeded. F20 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 F20. To ensure that

the overfishing F level is not closely

approached, the annual quota would be

specified to correspond to a target F of

F50. F50 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 Fmax is exceeded. Fmax 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 Fmax. To ensure that the

overfishing threshold is not closely

approached, the annual quota would be

specified to correspond to a target F of

F50. 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 (midAtlantic 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 FMSY.

Max OY is specified as the catch level

that would result from fishing at FMSY.

Thus, when an estimate of F is

available, it will be incorporated as a

management tool. FMSY 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 MagnusonStevens 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.
Federal Register / Vol. 62, No. 38 / Wednesday, February 26, 1997 / Rules and Regulations 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 § 648.20, paragraphs (b) through

(d) are revised to read as follows:

§ 648.20 Maximum optimum yield (OYs).

* * * * *

(b) Loligo—the catch associated with

a fishing mortality rate of Fmax.

(c) Illex —the catch associated with a

fishing mortality rate of F20.

(d) Butterfish—the catch associated

with a fishing mortality rate of FMSY.

3. In § 648.21, paragraph (c)(5) is

revised to read as follows:

§ 648.21 Procedures for determining initial

annual amounts.

* * * * *

(c) * * *

(5) Commercial seasonal quotas/

closures for Loligo and Illex.

* * * * *

4. In § 648.22, paragraphs (a) and (c)

are revised to read as follows:

§ 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

50 CFR Part 660

[Docket No. 961121322–7033–02; I.D.

110696B]

RIN 0648–AJ02

Fisheries Off West Coast States and in

the Western Pacific; Western Pacific

Bottomfish Fishery; Mau Zone

Moratorium

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues this final rule to

impose a 2-year moratorium on issuing

new permits for harvesting bottomfish

in the Mau Zone of the Northwestern

Hawaiian Islands so that effort in the

fishery will be stabilized while the

Western Pacific Fishery Management

Council (Council) develops a limited

access program for the area. This will

stabilize effort in the fishery while the

Council develops a management system

for the Mau Zone that may limit access

to the fishery.

EFFECTIVE DATE: March 27, 1997.

ADDRESSES: Send comments to Ms.

Hilda Diaz-Soltero, Administrator,

Southwest Region, NMFS, 501 West

Ocean Boulevard, Suite 4200, Long

Beach, CA 90802. Copies of the

Environmental Assessment can be

obtained from the same address.

FOR FURTHER INFORMATION CONTACT: Mr.

Alvin Katekaru, NMFS, (808) 973–2985;

Mr. Svein Fougner, NMFS, (562) 980–

4034; or Ms. Kitty Simonds, Council,

(808) 522–8220.

SUPPLEMENTARY INFORMATION: Following

extensive review by the Council’s

advisory bodies, the details of which

were summarized in the proposed rule

(61 FR 60255, November 27, 1996) and

will not be repeated here, the Council,

at its 90th meeting, August 7–9, 1996,

recommended that a moratorium be

implemented for 2 years to allow

sufficient time to complete an access

limitation program for the Mau Zone

bottomfish fishery. The Council

recommended this action in accordance

with the framework procedures of 50

CFR 660.67(d), which specifically

addresses the access limitation process.

During the moratorium, the Council will

develop a program for the Mau Zone

that aims to reduce the potential

increase in fishing pressure in the Mau

Zone and increase the economic

efficiency of the fishery.

Discussions among the members of

the Council’s Bottomfish Plan Team,

Task Force, Advisory Panel, and Review

Board have pointed out the necessity of

three elements in any limited access

plan: Simplicity, equity, and the

importance of restricting the number of

potential participants. Approximately

80 vessels have had permits for the Mau

Zone at some time in the past; however,

some owners of vessels have died, and

some vessels have permanently left the

fishery, leaving a core of perhaps 30

vessels, whose owners could renew

their permits and participate in the

fishery. Any plan that the Council

adopts is likely to contain some kind of

qualifying criteria. A permit obtained by

a former permittee during the

moratorium may not guarantee a permit

under the permanent limited access

system. The Council is considering

using qualification criteria based on

historical landings data and current

landings data, coupled with nontransferable permits for reducing the

number of bottomfish vessels in the

fishery and maintaining an active fleet

at an optimal level.

Upon the effective date of this rule,

only those vessel owners who have held

Mau Zone permits will be eligible to

renew or obtain permits for the length

of the moratorium.

Classification

The Administrator, Southwest Region,

NMFS, determined that the regulatory

amendment is necessary for the

conservation and management of the

bottomfish fishery and that it is

consistent with the Magnuson-Stevens

Fishery Conservation and Management

Act and other applicable law.

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 would not have a significant

economic impact on a substantial

number of small entities. The reasons

were published on November 27, 1996

(61 FR 60255). No public comments

were received on the certification. As a

result, no final regulatory flexibility

analysis has been prepared.