44548 Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Proposed Rules 

requirements of CAA section 182(c)(3) 

and 40 CFR 51.1102; 

• Provisions for clean fuels or 

advanced control technology for boilers 

as meeting the requirements of CAA 

section 182(e)(3) and 40 CFR 51.1102; 

• VMT emissions offset 

demonstration as meeting the 

requirements of CAA section 

182(d)(1)(A) and 40 CFR 51.1102; and 

• Motor vehicle emissions budgets for 

the attainment year of 2031 (see table 5, 

above) because they are consistent with 

the attainment demonstration proposed 

for approval herein and meet the other 

criteria in 40 CFR 93.118(e). 

In addition, we are proposing to 

approve District Rule 1160 titled 

‘‘Emission Statements’’ submitted by 

CARB on January 11, 1993, as a revision 

to the California SIP because it meets all 

the applicable requirements for 

emission statements and to approve the 

Emission Statement section of the 2016 

Ozone Plan as meeting the requirements 

of CAA section 182(a)(3)(B) and 40 CFR 

51.1102. 

Finally, we are proposing to approve, 

as additional measures that strengthen 

the SIP, the San Joaquin Valley portions 

of the 2016 State Strategy and CARB’s 

aggregate emission reduction 

commitment of 8 tpd of NOX by 2031 

submitted on April 27, 2017, as a 

revision to the California SIP and the 

two commitments by the District in the 

2016 Ozone Plan to amend Rules 4311 

(Flares) and 4694 (Wine Fermentation 

and Storage). 

We are not taking action at this time 

on the base year emissions inventory, 

the RFP demonstration, the motor 

vehicle emissions budgets for RFP 

milestone years, and contingency 

measures portions of the 2016 Ozone 

Plan. We intend to propose action on 

these elements at a later time. 

The EPA is soliciting public 

comments on the issues discussed in 

this document. We will accept 

comments from the public on this 

proposal for the next 30 days and will 

consider comments before taking final 

action. 

VI. Incorporation by Reference 

In this action, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

District Rule 1160 as described in 

section III.B of this preamble. The EPA 

has made, and will continue to make, 

these materials available through 

www.regulations.gov and at the EPA 

Region IX Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

VII. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this proposed action 

merely proposes to approve state plans 

and an air district rule as meeting 

federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866; 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide the EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the proposed rule does 

not have tribal implications and will not 

impose substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: August 20, 2018. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2018–19017 Filed 8–30–18; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 170828816–8714–01] 

RIN 0648–BH16 

Fisheries of the Northeastern United 

States; Atlantic Mackerel, Squid, and 

Butterfish; Amendment 20 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule, request for 

comments. 

SUMMARY: NMFS proposes regulations to 

implement measures in Amendment 20 

to the Atlantic Mackerel, Squid, and 

Butterfish Fishery Management Plan 

and corrections to existing regulations. 

This action is necessary to prevent the 

reactivation of latent effort in the 

longfin squid fishery, preserve 

economic opportunities for more 

recently active participants in the 

longfin squid fishery, avoid overharvest 

during Trimester II (May–August) of the 

longfin squid fishery, and reduce 

potential negative impacts on inshore 

spawning longfin squid aggregations 

and squid egg masses. The Mid-Atlantic 

Fishery Management Council intends 

that these proposed measures would 


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Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Proposed Rules 44549 

promote the sustainable utilization and 

conservation of the squid and butterfish 

resources, while promoting the 

sustained participation of fishing 

communities and minimizing adverse 

economic impacts on such 

communities. 

DATES: Public comments must be 

received by October 1, 2018. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2017–0110, by either of the 

following methods: 

Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. 

1. Go to www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2017- 

0110, 

2. Click the ‘‘Comment Now!’’ icon, 

complete the required fields, and 

3. Enter or attach your comments. 

—OR— 

Mail: Submit written comments to 

Michael Pentony, Regional 

Administrator, National Marine 

Fisheries Service, 55 Great Republic 

Drive, Gloucester, MA 01930. Mark the 

outside of the envelope: ‘‘Comments on 

the Proposed Rule for Squid 

Amendment 20.’’ 

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 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). 

A draft environmental assessment 

(EA) has been prepared for this action 

that describes the proposed measures 

and other considered alternatives and 

the potential impacts of such measures 

and alternatives. Copies of the 

specifications document, including the 

EA and the Initial Regulatory Flexibility 

Analysis, are available on request from 

Dr. Christopher M. Moore, Executive 

Director, Mid-Atlantic Fishery 

Management Council, 800 North State 

Street, Suite 201, Dover, DE 19901, 

telephone (302) 674–2331. The EA/ 

Regulatory Impact Review (RIR)/ 

Regulatory Flexibility Act (RFA) 

analysis is also accessible via the 

internet at http://www.mafmc.org/s/ 

Squid-Amendment-Draft-EA.pdf. 

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 OIRA_Submission@

omb.eop.gov or fax to (202) 395–5806. 

FOR FURTHER INFORMATION CONTACT: 

Douglas Christel, Fishery Policy 

Analyst, (978) 281–9141, 

douglas.christel@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

In 1995, the Mid-Atlantic Fishery 

Management Council (Council) adopted 

and NMFS approved a limited access 

permit system for longfin squid and 

butterfish as part of Amendment 5 to the 

Atlantic Mackerel, Squid, and Butterfish 

Fishery Management Plan (FMP) (April 

2, 1996; 61 FR 14465). Under 

Amendment 5, NMFS issued longfin 

squid/butterfish moratorium permits to 

vessels that landed a minimum amount 

of either species during a specified 

qualification period. Since then, the 

number of vessels landing longfin squid 

has decreased, with a relatively small 

portion of vessels issued longfin squid/ 

butterfish moratorium permits landing 

the majority of longfin squid in recent 

years. The Council is concerned that 

unused longfin squid/butterfish 

moratorium permits could be activated, 

which could lead to excessive fishing 

effort and bycatch of both longfin squid 

and non-target species. This could cause 

negative biological impacts to these 

species. In addition, this increased effort 

could increase the race to fish and 

reduce access to available longfin squid 

quota by vessels with a continuous 

history of landings in recent years. 

Therefore, the Council developed 

Amendment 20 to consider adjusting 

the number of vessels qualified to fish 

in the directed and incidental longfin 

squid fishery and design appropriate 

measures to prevent unanticipated 

increases in fishing effort. The proposed 

measures described below could help 

prevent a race to fish, frequent and 

disruptive fishery closures, and reduced 

fishing opportunities for vessels that are 

more recently dependent upon longfin 

squid. 

Longfin squid spawning occurs year 

round but is most frequently observed 

inshore during the late spring through 

early fall. Spawning aggregations and 

associated egg masses (mops) that are 

attached to the bottom are vulnerable to 

bottom fishing activities during the 

summer months when longfin squid are 

easily accessible to the fishery in large 

concentrations. In 2007, the Council 

implemented reduced quotas during 

summer months (May through August, 

or Trimester II) as part of the trimester 

quota system (January 30, 2007; 71 FR 

4211). The Council developed the 

trimester quota system to improve the 

monitoring and management of the 

longfin squid fishery and prevent 

allowable quotas from being exceeded. 

Once a trimester quota has been landed, 

possession limits are reduced to 

incidental levels for all longfin squid 

permits. The FMP currently includes a 

2,500 lb (1,134 kg) possession limit per 

trip for incidental permits and for all 

longfin squid permits when the directed 

fishery has closed once a quota has been 

landed. However, this incidental limit 

has allowed vessels to continue to land 

large amounts of longfin squid even 

after the directed fishery is closed, and 

has contributed to the Trimester II quota 

being exceeded by large amounts in 

several years. The Council is concerned 

that excessive fishing effort inshore 

during Trimester II could negatively 

impact the stock, interrupting spawning 

activity, increasing the mortality of 

squid eggs, and reducing future 

recruitment. Measures developed by the 

Council under this action are intended 

to adjust the management of longfin 

squid during Trimester II primarily to 

reduce impacts to spawning squid and 

egg mops. 

From March through May 2015, the 

Council held scoping meetings from 

Rhode Island through New Jersey to 

discuss these issues and develop 

responsive measures. After further 

development and analysis, the Council 

conducted public hearings in April and 

May 2017 to solicit input on the range 

of alternatives under consideration by 

the Council. The Council accepted 

public comments through May 18, 2017. 

On June 7, 2017, the Council adopted 

final measures as part of Amendment 20 

to the Atlantic Mackerel, Squid, and 

Butterfish FMP. On March 21, 2018, the 

Council submitted the amendment and 

draft EA to NMFS for preliminary 

review, with submission of the final 

draft amendment on June 6, 2018. 

NMFS drafted the proposed regulations 

to implement these measures for 

Council review. The Council deemed 

the proposed regulations to be necessary 

and appropriate to implement 

Amendment 20 on April 27, 2018, as 

specified in section 303(c) of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). 

The purpose of Amendment 20 is to 

reduce latent (unused) effort in the 

longfin squid fishery and adjust the 

management of the longfin squid fishery 

during Trimester II (May through 


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August). These measures are intended to 

avoid overharvesting the longfin squid 

resource and harming squid egg masses. 

Although the Council considered 

reducing the number of Illex squid 

moratorium permits in the fishery, the 

Council decided a reduction in the 

number of Illex moratorium permits was 

not appropriate at this time given low 

Illex landings and limited vessel 

participation in the fishery in most 

years. Measures proposed under this 

action would promote the sustainable 

utilization and conservation of the 

longfin squid and butterfish resources, 

while promoting the sustained 

participation of fishing communities 

and minimizing adverse economic 

impacts on such communities. 

Proposed Measures 

Under the Magnuson-Stevens Act, we 

are required to publish proposed rules 

for comment after preliminarily 

determining whether they are consistent 

with applicable law. The MagnusonStevens Act allows us to approve, 

partially approve, or disapprove 

measures that the Council proposes 

based only on whether the measures are 

consistent with the fishery management 

plan, plan amendment, the MagnusonStevens Act and its National Standards, 

and other applicable law. Otherwise, we 

must defer to the Council’s policy 

choices. We are seeking comments on 

the Council’s proposed measures in 

Amendment 20 described below and 

whether they are consistent with the 

Atlantic Mackerel, Squid, and Butterfish 

FMP, the Magnuson-Stevens Act and its 

National Standards, and other 

applicable law. 

This proposed rule includes changes 

to existing FMP measures adopted by 

the Council under Amendment 20, but 

also several revisions to regulations that 

are not specifically identified in 

Amendment 20. These revisions are 

necessary to effectively implement the 

provisions in Amendment 20, or to 

correct errors in, or clarify, existing 

provisions. NMFS is proposing these 

latter changes under the authority of 

section 305(d) of the Magnuson-Stevens 

Act. 

1. Separate Butterfish Moratorium 

Permit 

Amendment 5 created a joint longfin 

squid/butterfish moratorium permit 

based on the historic overlap between 

the directed longfin squid and butterfish 

fisheries. NMFS issued moratorium 

permits to qualified vessels based on a 

minimum landings amount of either 

species during the qualification period. 

To reduce capacity in the longfin squid 

fishery without unintentionally 

reducing domestic fishing capacity for 

butterfish, Amendment 20 proposes to 

separate the longfin squid/butterfish 

moratorium permit into two moratorium 

permits, one for each species. 

Amendment 20 would create a new 

butterfish moratorium permit and a 

separate, revised longfin squid 

moratorium permit, as described further 

below. 

Under Amendment 20, all entities 

currently issued a longfin squid/ 

butterfish moratorium permit would be 

automatically issued a new and separate 

butterfish moratorium permit. The 

existing permit restrictions and vessel 

trip report (VTR), observer, slippage, 

and transfers at sea requirements 

currently applicable to the existing 

longfin squid/butterfish moratorium 

permit would apply to the proposed 

new butterfish moratorium permit. 

These permits would maintain the 

existing vessel permit baseline 

characteristics, vessel replacement and 

upgrade provisions, and the restriction 

on permit splitting; be required to 

submit vessel trip reports on a weekly 

basis; and be subject to measures to 

address slippage and transfers at sea 

specified at 50 CFR 648.11(n)(3) and 

648.13, respectively. Vessels issued a 

new butterfish moratorium permit 

would not be required to submit a 

specific butterfish trip declaration using 

the vessel monitoring system (VMS) or 

submit daily VMS catch reports of 

butterfish but would be required to 

maintain an operational VMS unit to 

provide NMFS with automatic position 

reports. Finally, the existing butterfish 

possession limits specified at 

§ 648.26(d)(1) and (2) (unlimited when 

fishing with a mesh size of three inches 

(76 mm) or greater, and 5,000 lb (2,268 

kg) per trip when fishing with less than 

three-inch (76-mm) mesh) would remain 

the same for this new permit. 

2. Tier 1 Longfin Squid Moratorium 

Permit 

Amendment 20 proposes to re-qualify 

current longfin squid moratorium 

permits based on recent landings history 

to reduce the potential for the 

reactivation of latent fishing permits. 

Under this measure, NMFS would issue 

a new Tier 1 longfin squid moratorium 

permit only to 2018 longfin squid/ 

butterfish moratorium permits that 

landed at least 10,000 lb (4,536 kg) of 

longfin squid in any year from 1997– 

2013. The Regional Administrator 

would use fishing history, as 

documented through dealer reports, to 

re-qualify permits, including permits 

currently held in confirmation of permit 

history (CPH), and automatically issue 

Tier 1 longfin squid moratorium permits 

to qualified entities. 

Any vessel owner could apply for a 

Tier 1 longfin squid permit within one 

year of the effectiveness of this permit, 

if approved under Amendment 20. A 

vessel owner that does not qualify to be 

issued a new Tier 1 longfin squid 

moratorium permit would be notified by 

the Regional Administrator and could 

appeal that decision within 30 days of 

the denial notice. An appeal would 

require a written request to the Regional 

Admininstrator, and the appeal would 

be reviewed by the NOAA Fisheries 

National Appeals Office. Appeals could 

be based upon evidence that the 

information used in the original denial 

was incorrect. During an appeal, a 

vessel owner could request the Regional 

Administrator to authorize its vessel to 

continue fishing for longfin squid under 

the measures for a Tier 1 permit until 

that appeal is completed. 

A vessel issued a Tier 1 longfin squid 

moratorium permit would be subject to 

all measures applicable to the existing 

longfin squid/butterfish moratorium 

permit, including, but not limited to, the 

vessel baseline and upgrade, VTR and 

VMS reporting, observer, slippage, and 

transfers at sea requirements. A Tier 1 

longfin squid moratorium permit would 

be able to land an unlimited amount of 

longfin squid per trip, unless the 

directed longfin squid fishery is closed 

and incidental limits are implemented, 

as described further below. As currently 

allowed for longfin squid/butterfish 

moratorium permits, Tier 1 permits 

could also possess up to 15,000 lb 

(6,804 kg) of longfin squid per trip after 

the longfin squid fishery is closed in 

Trimester II, provided the vessel is 

declared into the Illex squid fishery, 

possesses at least 10,000 lb (4,536 kg) of 

Illex squid, and is fishing offshore. 

3. Tier 2 Longfin Squid Moratorium 

Permit 

Although the Council chose to reduce 

latent longfin squid permits, it also 

wanted to recognize the historic 

participation of permits that originally 

qualified for a longfin squid/butterfish 

moratorium permit. To do so, 

Amendment 20 would create a separate 

longfin squid moratorium permit with a 

moderate possession allowance. The 

Regional Administrator would 

automatically issue a Tier 2 longfin 

squid moratorium permit to any vessel 

currently issued a 2018 longfin squid/ 

butterfish moratorium permit or an 

entity issued such a permit in CPH that 

does not qualify for a Tier 1 longfin 

squid moratorium permit described 

above. A Tier 2 permit would be subject 

to all measures applicable to the 


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existing longfin squid/butterfish 

moratorium permit, including, but not 

limited to, the permit, VTR and VMS 

reporting, observer, slippage, and 

transfers at sea requirements. However, 

a Tier 2 permit would only be allowed 

to land up to 5,000 lb (2,268 kg) of 

longfin squid per trip, unless the 

directed longfin squid fishery is closed 

and incidental limits are implemented, 

as described further below. Similar to 

Tier 1 permits, a vessel issued a longfin 

squid Tier 2 moratorium permit could 

continue to possess up to 5,000 lb (6,804 

kg) of longfin squid per trip after the 

longfin squid fishery is closed in 

Trimester II. To do so, a Tier 2 

moratorium permitwould have to 

declare into the Illex squid fishery, 

possess at least 10,000 lb (4,536 kg) of 

Illex squid, and fish offshore in the area 

specified at § 548.23(a)(5). 

4. Tier 3 Longfin Squid Incidental 

Permit 

Under Amendment 20, the Council 

wanted to reduce incentives to target 

longfin squid under an incidental 

permit, while still preserving more 

recent fishing patterns and minimizing 

discards of squid caught while targeting 

other species. Under this measure, 

NMFS would issue a new Tier 3 longfin 

squid moratorium permit to vessels 

previously issued an open access squid/ 

butterfish incidental catch permit in any 

year that landed more than 5,000 lb 

(2,268 kg) of longfin squid in at least 

one calendar year from 1997–2013 

based on dealer landings data. By 

limiting access to this incidental permit 

such that it could not be dropped and 

re-issued at any time, this measure 

would prevent a vessel owner from 

canceling his/her Federal permit to fish 

for longfin squid in state waters above 

Federal limits during the fishing year. 

This would better control longfin squid 

landings, particularly after a closure of 

the fishery in Trimester II. 

A vessel owner must apply for a Tier 

3 longfin squid moratorium permit by 

submitting an application to the 

Regional Administrator within one year 

of the effectiveness of these permits, if 

approved under Amendment 20. The 

owner of a vessel permit that does not 

qualify for a new Tier 3 longfin squid 

moratorium permit would be notified by 

the Regional Administrator and could 

appeal that decision within 30 days of 

the denial notice. An appeal would 

require a written request to the Regional 

Admininstrator, and the appeal would 

be reviewed by the NOAA Fisheries 

National Appeals Office. Appeals could 

be based upon evidence that the 

information used in the original denial 

was incorrect. During an appeal, a 

vessel owner could request the Regional 

Administrator to authorize its vessel to 

continue fishing for longfin squid under 

the measures for a Tier 3 longfin squid 

permit until that appeal is completed. 

A vessel issued a Tier 3 longfin squid 

permit would be subject to all measures 

applicable to the existing squid/ 

butterfish incidental catch permit. 

Unlike Tier 1 or 2 longfin squid 

moratorium permits, Tier 3 permits 

would not be issued a vessel baseline, 

and would not be subject to the vessel 

upgrade provisions. A Tier 3 longfin 

squid moratorium permit would be able 

to land up to 2,500 lb (1,134 kg) of 

longfin squid per trip, unless the 

directed longfin squid fishery is closed 

during Trimester II and incidental limits 

are implemented, as described further 

below. 

5. Longfin Squid Moratorium Permit 

Swap 

Amendment 20 would allow an 

owner of more than one longfin squid/ 

butterfish moratorium permit as of May 

26, 2017, a one-time opportunity to 

move longfin squid moratorium permits 

onto a different vessel that they own to 

optimize their fishing operations. Under 

this measure, a vessel owner could 

move a qualified Tier 1 longfin squid 

moratorium permit from one of his/her 

vessels and place it on another vessel 

that is owned by that same entity and 

also issued a Tier 2 longfin squid 

moratorium permit. In this exchange, 

the Tier 2 longfin squid moratorium 

permit would be moved onto the vessel 

originally issued the Tier 1 longfin 

squid moratorium permit. This allows a 

vessel owner to ‘‘swap’’ Tier 1 and Tier 

2 longfin squid moratorium permits 

among vessels owned by that entity 

such that the Tier 1 longfin squid 

moratorium permit is placed on a vessel 

that is better able to capitalize on the 

longfin squid fishing opportunities 

available to such a permit than the other 

vessel. This measure is intended to help 

maximize potential fishing 

opportunities and associated revenue 

for entities that have been issued 

multiple longfin squid moratorium 

permits on separate vessels and mitigate 

the loss of revenue potential associated 

with a permit that does not re-qualify 

for a Tier 1 longfin squid moratorium 

permit. 

Only permits issued to vessels owned 

by the same business entity as of May 

26, 2017, would be able to participate in 

the permit swap; a permit held in CPH 

as of May 26, 2017, would not be 

eligible to participate. May 26, 2017, is 

the day that June 2017 Council meeting 

materials, including the description of 

proposed measures, were made 

available to the public. The Council 

chose this date to limit eligibility for 

permit swaps to reduce the potential 

that business entities would change 

permit ownership to take advantage of 

this measure and circumvent the 

purpose of this measure. 

Vessels involved in the swap would 

also need to be within 10 percent of the 

baseline length overall and 20 percent of 

the baseline horsepower of the permit to 

be placed on that vessel. Only Tier 1 

and Tier 2 longfin squid moratorium 

permits could be transferred as part of 

this permit swap; no other fishery 

permits could be swapped as part of this 

transaction. An owner interested in 

swapping permits would need to apply 

for the permit swap within one year of 

the issuance of the Tier 1 or Tier 2 

longfin squid moratorium permits. If 

approved, the Regional Administrator 

would distribute a permit swap 

application form to permit holders. 

6. Incidental Longfin Squid Possession 

Limit 

Amendment 20 would reduce the 

longfin squid possession limit from 

2,500 lb (1,134 kg) per trip to 250 lb 

(113 kg) per trip for vessels issued an 

open access squid/butterfish incidental 

permit. A lower incidental possession 

limit would reduce incentives to target 

longfin squid and more effectively 

control fishing effort and landings in the 

fishery. This could reduce overall 

fishing effort and bycatch and 

associated mortality on longfin squid 

and other species. 

This action would also reduce the 

longfin squid incidental limit for all 

longfin squid permits from 2,500 lb 

(1,134 kg) per trip to 250 lb (113 kg) per 

trip once the Trimester II quota has been 

landed. The longfin squid incidental 

limit would remain 2,500 lb (1,134 kg) 

per trip for any closure implemented 

during Trimesters I or III. In recent 

years, excessive landings under the 

current incidental trip limit (2,500 lb 

(1,134 kg)) following the closure of the 

directed fishery in Trimester II has 

resulted in substantial overages of the 

Trimester II quota. This measure would 

reduce incentives to target longfin squid 

after such a closure, reducing bycatch of 

longfin squid and other species and 

impacts to spawning squid and egg 

mops during Trimester II. 

7. Corrections and Clarifications to 

Existing Regulations 

In § 648.2, the term ‘‘Northeast 

Regional Office’’ in the definition of 

‘‘Atlantic Mackerel, Squid, and 

Butterfish Monitoring Committee’’ 

would be revised to ‘‘Greater Atlantic 

Regional Fisheries Office’’ to accurately 


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reflect the current name of the facility. 

Definitions for ‘‘Calendar day,’’ 

‘‘Directed fishery,’’ and ‘‘Incidental 

catch’’ would be added to clarify the 

application of these terms in the 

Atlantic Mackerel, Squid, and Butterfish 

FMP regulations, and to eliminate 

repeated definition of these terms in the 

regulations. 

In § 648.4(a)(5)(iii), paragraph (B) 

would be revised to reflect the mackerel 

landing limit in kg instead of mt, and 

paragraphs (C), (D), (E), (H) would be 

revised and paragraph (M) would be 

deleted to eliminate outdated and 

unnecessary permit eligibility, 

application, qualification, baseline, and 

appeal regulations, respectively, related 

to the 2011 qualification of limited 

access mackerel permits. 

In § 648.7, text at (a)(1)(i) and (ii) that 

was inadvertently deleted in the final 

rule implementing the Mid-Atlantic 

Unmanaged Forage Omnibus 

Amendment (August 28, 2017; 82 FR 

40721) would be reinserted. 

In § 648.10(e)(5)(i), the phrase ‘‘. . . 

or monkfish fishery’’ would be replaced 

with ‘‘monkfish, or any other fishery’’ to 

maintain consistency with other 

language in this paragraph and related 

text in paragraph (e)(5)(ii). This revision 

is necessary to ensure that a vessel that 

is subject to VMS requirements in any 

fishery accurately declares its intended 

fishing operations before leaving port. 

In § 648.13, paragraph (a) would be 

revised to clarify that longfin squid, 

Illex squid, and butterfish moratorium 

permits and squid/butterfish incidental 

catch permits must be issued a letter of 

authorization (LOA) by the Regional 

Administrator to transfer longfin squid, 

butterfish, or Illex squid at sea. This 

would make the regulations consistent 

with the LOA language and historic 

practice. 

In § 648.14, five corrections are 

proposed, as follows: 

1. The introductory text to paragraph 

(g)(1)(i) would be revised to insert 

reference to the fishery closure and 

accountability measure regulations at 

§ 648.24(d) and to replace ‘‘Take, retain 

. . .’’ with ‘‘Take and retain . . .’’ The 

first correction is to ensure that this 

prohibition can be effectively 

administered and enforced and 

accurately reflects notifications 

associated with the implementation of 

specifications, closures, and 

accountability measures. The second 

correction restores the original language 

of this prohibition to accurately reflect 

its intent to allow vessels that may 

encounter these species during normal 

operations to interact with and discard 

these species, as appropriate. 

2. Paragraph (g)(1)(ii)(B) would be 

revised to use the term ‘‘Illex squid’’ 

consistent with the use of this term in 

other regulations and reflect the 

corrections to § 648.13(a) described 

above. 

3. Paragraph (g)(2)(i) would be revised 

to reference Subpart B instead of 

§ 648.22 to ensure that the general 

prohibition applies to all Atlantic 

Mackerel, Squid, and Butterfish FMP 

measures, not just those implemented 

via the specifications process because 

FMP measures are implemented via 

framework adjustments, amendments, 

and specifications actions. 

4. Paragraphs (g)(2)(ii)(D) and (F) 

would be revised to read that it is 

unlawful for any person owning or 

operating a vessel issued a valid 

mackerel, squid, and butterfish fishery 

permit, or issued an operator’s permit to 

‘‘Take and retain, possess, or land’’ 

these species instead of ‘‘Take, retain, 

possess, or land’’ these species. This 

distinction is necessary to allow vessels 

that may encounter these species during 

normal operations to interact with and 

discard these species, as appropriate, 

consistent with Council intent. 

5. Paragraph (g)(2)(v) would be 

revised to replace ‘‘limited access’’ with 

‘‘directed’’ to reference the Atlantic 

mackerel, longfin squid, and Illex squid 

fisheries. This is intentended to 

maintain consistency with the way in 

which these fisheries are referenced in 

other applicable regulations. 

In § 648.22, several corrections are 

proposed. In paragraph (a), species 

headings would be added to clarify 

which elements are to be specified for 

each species during the specifications 

process and to spell out terms used for 

the first time in the regulations. The 

term ‘‘Illex squid’’ would replace the 

term ‘‘Illex’’ for clarity in several 

paragraphs. Finally, in paragraph (c)(3), 

the reference to § 648.4(1)(5)(ii) would 

be replaced with reference to 

§ 648.4(a)(5)(vi) to accurately reflect the 

correct regulation for the squid/ 

butterfish incidental catch permit. 

In § 648.25(a)(4)(i), the reference to 

paragraph (a)(2) would be replaced with 

the accurate reference to paragraph 

(a)(3) of that section. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this proposed rule is consistent 

with Amendment 20 to the Atlantic 

Mackerel, Squid, and Butterfish FMP, 

other provisions of the MagnusonStevens Act, and other applicable law, 

subject to further consideration after 

public comment. 

This proposed rule has been 

determined to be not significant for the 

purposes of Executive Order 12866. 

This proposed rule does not contain 

policies with Federalism or takings 

implications as those terms are defined 

in E.O. 13132 and E.O. 12630, 

respectively. 

The Council prepared a draft EA for 

this action that analyzes the impact of 

measures contained in this proposed 

rule. The EA includes an IRFA, as 

required by section 603 of the RFA, 

which is supplemented by information 

contained in the preamble of this 

proposed rule. The IRFA, as 

summarized below, describes the 

economic impact 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 in the 

preamble to this proposed rule. A copy 

of the RFA analysis is available from the 

Mid-Atlantic Council (see ADDRESSES). 

Description of the Reasons Why Action 

by the Agency Is Being Considered 

The purpose of this action is to 

optimize management measures in the 

squid fisheries by reducing latent 

(unused) effort in the longfin squid 

fishery and adjusting the management of 

the longfin squid fishery during 

Trimester II (May through August) to 

avoid overharvesting the longfin squid 

resource. Section 4.0 of the EA prepared 

for this action (see ADDRESSES) contains 

a more thorough description of the 

purpose and need for this action. 

Statement of the Objectives of, and 

Legal Basis for, This Proposed Rule 

The legal basis and objectives for this 

action are contained in the preamble to 

this proposed rule, and are not repeated 

here. Sections 4.0 and 5.0 of the EA 

prepared for this action (see ADDRESSES) 

contains a more thorough description of 

the purpose and need for this action and 

the rational for each measure 

considered. 

Description and Estimate of the Number 

of Small Entities to Which This 

Proposed Rule Would Apply 

For the purposes of the RFA analysis, 

the ownership entities (or firms), not the 

individual vessels, are considered to be 

the regulated entities. Ownership 

entities are defined as those entities or 

firms with common ownership 

personnel as listed on the permit 

application. Because of this, some 

vessels with Federal longfin squid/ 

butterfish permits may be considered to 

be part of the same firm because they 

may have the same owners. The North 

American Industry Classification 


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System (NAICS) is the standard used by 

Federal statistical agencies in classifying 

business establishments for the purpose 

of collecting, analyzing, and publishing 

statistical data related to the U.S. 

business economy. For purposes of the 

RFA, a business primarily engaged in 

commercial fishing activity is classified 

as a small business if it has combined 

annual gross receipts not in excess of 

$11 million (NAICS 11411) for all its 

affiliated operations worldwide. A 

business primarily engaged in for-hire 

(charter/party) operations is 

characterized as annual gross receipts 

not in excess of $7.5 million. To identify 

these small and large firms, vessel 

ownership data from the permit 

database were grouped according to 

common owners and sorted by size. The 

current ownership data set used for this 

analysis is based on calendar year 2016 

(the most recent complete year 

available). 

The proposed action would affect any 

vessel issued a valid Federal longfin 

squid/butterfish moratorium permit or 

an open access squid/butterfish 

incidental permit. According to the 

commercial database, 295 separate 

vessels were issued a longfin squid/ 

butterfish moratorium permit in 2016. 

These vessels were owned by 222 

entities, of which 214 were categorized 

as small business entities using the 

definition specified above. In 2016, 

1,528 vessels were issued an open 

access squid/butterfish incidental 

permit. These vessels were owned by 

1,114 entities, of which 1,105 were 

small business entities. In total, 1,319 

small business entities may be affected 

by this rule out of a potential 1,336 

entities (large and small) that may be 

affected by this action. Therefore, 99 

percent of affected entities are 

categorized as small businesses. 

Not all entities potentially affected by 

this action landed fish for commercial 

sale in 2016. Nine small business 

entities issued a longfin squid/butterfish 

moratorium permit did not have any 

fishing revenue in 2016, while 274 

small business entities issued an open 

access squid/butterfish incidental catch 

permit did not have any fishing revenue 

in 2016. Only 1,036 small business 

entities had fishing revenue in 2016, 

representing 79 percent of the small 

entities potentially affected by this 

action. 

Description of the Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements of This Proposed Rule 

This proposed rule contains 

collection-of-information requirements 

subject to review and approval by the 

Office of Management and Budget 

(OMB) under the Paperwork Reduction 

Act (PRA). This requirement has been 

submitted to OMB for approval. Public 

reporting burden and costs associated 

with these information collections, 

including the time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collection of information, 

are estimated to average, as follows: 

1. Application for a longfin squid 

moratorium permit, OMB #0648–0679 

(60 min/response and an annual cost of 

$254.80 for postage); 

2. Appeal of the denial of a longfin 

squid moratorium permit, OMB #0648– 

0679 (120 min/response and an annual 

cost of $226.87 for postage); and 

3. Application for a longfin squid 

moratorium permit swap, OMB #0648– 

0679 (5 min/response and an annual 

cost of $1.63 for postage). 

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 OIRA_

Submission@omb.eop.gov, or fax to 

(202) 395–5806. 

Federal Rules Which May Duplicate, 

Overlap, or Conflict With This Proposed 

Rule 

This proposed rule does not 

duplicate, overlap, or conflict with any 

other Federal rule. 

Description of Significant Alternatives 

to the Proposed Action Which 

Accomplish the Stated Objectives of 

Applicable Statutes and Which 

Minimize Any Significant Economic 

Impact on Small Entities 

Section 7.5 of the EA estimates the 

number of vessel permits that would 

qualify under each alternative and the 

associated economic impacts to affected 

entities based on recent landings, with 

additional analysis provided in Section 

12 of the EA. The text below 

summarizes the economic impacts for 

significant non-selected alternatives. 

1. Longfin Squid Moratorium Permit 

Qualification 

Under Amendment 20, the Council 

considered five alternatives, including 

the no-action alternative, to reduce 

latent permits in the longfin squid 

fishery through the creation of a tiered 

permit system based on historical 

participation in the fishery. The 

alternatives included different 

combinations of qualifying years (1997– 

2013 or 1997–2015) and minimum 

landings thresholds (10,000 lb (4,536 

kg), 25,000 lb (11,340 kg), or 50,000 lb 

(22,680 kg)). Of these five alternatives, 

only Alternative 1B is considered a 

significant alternative because it meets 

the objectives of this action and 

minimizes adverse economic impacts 

compared to the proposed action 

(Alternative 1C); the no action 

alternative (Alternative 1A) would not 

meet the objectives of this action. 

Unlike the proposed action which is 

based on landings through 2013, 

Alternative 1B would re-qualify a vessel 

for a longfin squid moratorium permit if 

it landed more than 10,000 lb (4,536 kg) 

of longfin squid in any year during 

1997–2015. Based on these criteria, 224 

vessel permits currently issued a longfin 

squid/butterfish moratorium permit 

would qualify for and be issued a Tier 

1 longfin squid moratorium permit 

under Amendment 20. The 159 vessels 

that would not qualify would be issued 

a Tier 2 longfin squid moratorium 

permit and be restricted to 5,000 lb 

(2,268 kg) of longfin squid per trip. 

From 2014–2016, 80 percent of these 

vessels (127) did not land any longfin 

squid. Of the 32 vessels that landed 

some longfin squid during 2014 and 

2016, 6 vessels took 32 trips that landed 

more than 5,000 lb (2,268 kg) of longfin 

squid, all during 2016. If such trips 

would have been limited to 5,000 lb 

(2,268 kg) of longfin squid, foregone 

revenues would have totaled $438,835, 

or $73,139 annually per vessel. This 

amount represents 7 percent of their 

total average annual fishing revenues of 

$1,042,770 during 2014–2016. Given the 

increased availability of longfin squid 

during 2016, this is likely an upper 

bound estimate of the likely impacts to 

affected vessels, as availability 

fluctuates yearly and these vessels did 

not land more than 5,000 lb (2,268 kg) 

of longfin squid from any trip during 

2014 or 2015. 

Alternative 1B was not selected by the 

Council for several reasons. The year 

range used to requalify permits under 

this alternative (1997–2015) is not 

consistent with the May 16, 2013, 

control date specified by the Council for 

this action. This control date served as 


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public notice that the Council intended 

to further reduce capacity in the longfin 

squid fishery and that any fishing 

activity after this date may not qualify 

for future access to this fishery. The 

preferred alternative incorporates the 

control date and would only re-qualify 

permits based on landings through 

2013. Alternative 1B would also requalify ten more longfin squid 

moratorium permits than the preferred 

alternative. These additional permits 

have not been regular participants in the 

squid fishery. Considering the sum of 

their individual best years from 1994– 

2016, these vessels have the capacity to 

land an additional 500,000 lb (227 mt) 

of longfin squid compared to vesssels 

qualifying under the preferred 

alternative based on the highest 

landings of qualifying vessels under 

each alternative. This additional fishing 

capacity has the potential to exacerbate 

seasonal closures implemented in the 

longfin squid fishery in 2014 and 2016, 

and could lead to a race to fish; excess 

longfin squid catch and landings, 

particularly during the spawning 

season; and reduced fishing 

opportunities for permits that have been 

more dependent on longfin squid based 

on past operations. As noted above, the 

Council attempted to mitigate economic 

impacts by creating a Tier 2 longfin 

squid moratorium permit that allows for 

moderate possession limits to vessels 

that do not re-qualify. Therefore, the 

Council concluded that the preferred 

alternative represented the best balance 

of avoiding excessive landings and a 

race to fish by not allowing too many 

vessels to target longfin squid, while 

ensuring that enough vessels remain in 

the fishery to achieve optimum yield 

and minimizing economic impacts to 

vessels that do not re-qualify. 

2. Longfin Squid Incidental Permit 

Qualification and Incidental Possession 

Limit 

Under Amendment 20, the Council 

considered three alternatives to reduce 

incidental catch permits in the longfin 

squid fishery, including the no-action 

alternative. Of these three alternatives, 

only Alternative 3B is considered a 

significant alternative because it meets 

the objectives of this action and 

minimizes adverse economic impacts 

compared to the preferred alternative 

(Alternative 3C); the no action 

alternative (Alternative 3A) would not 

meet the objectives of this action. Both 

Alternatives 3B and 3C used the same 

qualifying years (1997–2013), but 

different minimum landings thresholds 

(2,500 lb (1,134 kg) for Alternative 3B 

and 5,000 lb (2,268 kg) for Alternative 

3C). Under each alternative, the Council 

considered two options for incidental 

longfin squid possession limits—250 lb 

(113 kg) or 500 lb (227 kg) per trip. 

Under Alternative 3B, 385 vessels 

would qualify and be issued a Tier 3 

longfin squid moratorium permit, 

allowing such vessels to continue 

landing up to 2,500 lb (1,134 kg) of 

longfin squid per trip. Out of the 1,143 

vessels that would not qualify for a Tier 

3 permit under Alternative 3B, 755 (66 

percent) did not have any longfin squid 

landings during the qualifying period, 

while 388 (34 percent) landed less than 

2,500 lb (1,134 kg) of longfin squid 

during the qualification period. Of these 

388 permits with minimal longfin squid 

landings, 32 permits took 101 trips 

during 2014–2016 that landed 250– 

2,500 lb (113–1,134 kg) of longfin squid, 

resulting in nearly $270,000 in longfin 

squid revenue that averaged $1,120 per 

year for each permit. Twenty-one of 

these vessels took 52 trips during 2014– 

2016 that landed between 500–2,500 lb 

(226–1,134 kg) of longfin squid, 

averaging $1,437 per permit per year. 

Under either trip limit option, each nonqualified vessel would lose, on average, 

$1,134–$1,437 per year under 

Alternative 3B. These vessels earned an 

average of $683,723 from the landings of 

all species during 2014–2016. Therefore, 

longfin squid landings from trips 

affected by Alternative 3B represented 

only a small fraction (less than one 

quarter of one percent) of total fishing 

revenue for these vessels. 

The Council selected Alternative 3C 

over Alternative 3B because the 

preferred alternative would more 

effectively create a system where vessels 

with incidental permits that had 

substantial longfin squid landings 

would keep their current possession 

limit and not be forced to discard 

longfin squid. It would also limit vessels 

without a history of substantial landings 

to a smaller possession limit. The higher 

minimum landing threshold under 

Alternative 3C would only require 

vessels to have made two trips 

maximizing the current incidental catch 

limit to qualify compared to one trip 

under Alternative 3B. This very low 

qualification threshold minimizes the 

number of non-qualified vessels to those 

that were landing minimal amounts of 

longfin squid in the past, consistent 

with the Council’s rationale for selecting 

a low, but not the lowest, landings 

threshold to retain the longfin squid 

moratorium permit described above. 

Input from the Council’s Mackerel, 

Squid, and Butterfish Advisory Panel 

indicated that a low possession limit of 

250–500 lb (226–452 kg) would strongly 

reduce incentives to target longfin 

squid. Consistent with the objectives of 

this action, the Council preferred the 

lowest possession limit for incidental 

permits to eliminate incentives to target 

longfin squid and to minimize discards 

of squid caught as bycatch in other 

fisheries. 

3. Longfin Squid Incidental Posession 

Limit Following Trimester II Closure 

Under Amendment 20, the Council 

considered three alternatives to reduce 

the longfin squid incidental possession 

limit for all longfin squid permits once 

the available Trimester II quota was 

landed, including the no-action 

alternative. The no action alternative 

(Alternative 5A) would allow all 

permitted longfin squid vessels to 

continue to possess up to 2,500 lb (1,134 

kg) of longfin squid after the Trimester 

II quota is caught and the directed 

fishery is closed, while Alternative 5B 

(the Council’s preferred alternative) and 

5C would allow vessels to retain up to 

250 lb (113 kg) or 500 lb (226 kg) per 

trip, respectively, after such a closure. 

Alternatives 5A and 5C are both 

considered significant alternatives 

because they meet the objectives of this 

action and minimize adverse economic 

impacts compared to the preferred 

alternative. 

Longfin squid landings and revenue 

from 2016 provide a good indication of 

potential maximum economic impacts 

to vessels under Alternatives 5A, 5B, 

and 5C, as longfin squid landings 

continued after the Trimester II directed 

fishery was closed from June 29–August 

31, 2016. Assuming squid are similarly 

available in the future, 2016 landings 

data indicate that Alternative 5A could 

allow the fishery to land up to 5.6 

million lb (2,540 mt) of longfin squid 

under the current 2,500 lb (1,134 kg) 

incidental possession limit following 

the closure of the directed fishery in 

Trimester II. Nearly all of these landings 

were from trips that landed more than 

250 lb (113 kg), although not all 

landings occurred in Federal waters. 

Using 2016 prices, these landings were 

valued at $6.4 million, and represent an 

upper bound estimate of potential 

revenue under Alternative 5A that 

potentially would be lost under this 

action. Trips landing between 250– 

2,500 lb (113–1,134 kg) of longfin squid 

after the closure accounted for 3.4 

million lb (1,542 mt) of longfin squid 

landings valued at $4.1 million. Average 

vessel revenue for the 129 vessels that 

took these trips was $31,444, 

representing just 4.8 percent of their 

total average longfin squid landing 

revenue ($649,473) during 2016. This 

approximates potential revenue losses 

under Alternative 5B. For a majority of 

these vessels, longfin squid was not a 


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substantial portion of total fishery 

revenue in 2016, with only 14 percent 

of affected vessels relying on longfin 

squid for more than 20 percent of total 

fishery revenue. Potential revenue lost 

under Alternative 5C is reflected by 

trips landing between 500–2,500 lb 

(226–1,134 kg), which accounted for 3.4 

million lb (1,542 mt) of landings valued 

at $4.0 million during 2016. Average 

vessel revenue for the 123 vessels that 

took these trips was $32,303, 

representing 5.2 percent of their total 

average longfin squid landing revenue 

($620,887) during 2016. 

The Council preferred Alternative 5B 

because it would better achieve the 

objectives of this action. Alternative 5B 

would provide additional control over 

longfin squid catch following the 

closure of the directed fishery during 

Trimester II and reduce negative 

impacts to longfin squid and egg mops 

during the spawning season. Landings 

after the 2016 Trimester II closure 

accounted for 30 percent of overall 

landings during that period. Excessive 

landings during Trimester II could 

negatively affect squid productivity and 

have been shown to reduce longfin 

squid catch rates in subsequent seasons. 

Unlike the no action alternative 

(Alternative 5A) and Alternative 5C, the 

preferred alternative would help 

prevent excessive longfin catch by 

reducing incentives to target longfin 

squid under a very low incidental 

possession limit based on input from 

the Council’s Advisory Panel. During 

2016, only one percent of longfin squid 

landings after the Trimester II closure 

occurred on trips landing 250 lb (113 

kg) or less, suggesting that the proposed 

action would essentially eliminate 

excessive catch and more effectively 

ensure that landings do not exceed 

allowable limits during Trimester II. 

Although Alternative 5B would result in 

the highest potential foregone revenues 

among alternatives considered, if 

longfin squid remain available into 

Trimester III or future longfin squid 

productivity increases due to reduced 

effort during the spawning season, the 

preferred alternative may produce 

higher future economic returns than 

other alternatives. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Recordkeeping and 

reporting requirements. 

Dated: August 27, 2018. 

Samuel D. Rauch III, 

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 

■ 1. The authority citation for part 648 

continues to read as follows: 

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

■ 2. In § 648.2, revise the definition of 

‘‘Atlantic Mackerel, Squid, and 

Butterfish Monitoring Committee’’ and 

add definitions for ‘‘Calendar day,’’ 

‘‘Directed fishery,’’ and ‘‘Incidental 

catch’’ in alphabetical order to read as 

follows: 

§ 648.2 Definitions. 

* * * * * 

Atlantic Mackerel, Squid, and 

Butterfish Monitoring Committee means 

the committee made up of staff 

representatives of the MAFMC and the 

NEFMC, and the Greater Atlantic 

Regional Fisheries Office and NEFSC of 

NMFS. The MAFMC Executive Director 

or a designee chairs the Committee. 

* * * * * 

Calendar day, with respect to the 

squid and butterfish fisheries, means the 

24-hr period beginning at 0001 hours 

and ending at 2400 hours, 

* * * * * 

Directed fishery, with respect to the 

longfin squid, Illex squid, and butterfish 

fisheries, means commercial fishery 

operations in which more than an 

incidental catch of each species, as 

defined in this section, is retained by a 

vessel. 

* * * * * 

Incidental catch, with respect to the 

longfin squid, Illex squid, and butterfish 

fisheries, means less than 250 lb (113 

kg) of longfin squid, 10,000 lb (4,536 kg) 

of Illex squid, or 600 lb (272 kg) of 

butterfish retained on board the vessel. 

* * * * * 

■ 3. In § 648.4, revise paragraph (a)(5) to 

read as follows: 

§ 648.4 Vessel permits. 

(a) * * * 

(5) Mackerel, squid, and butterfish 

vessels. Any vessel of the United States, 

including party and charter vessels, 

must have been issued and carry on 

board a valid vessel permit to fish for, 

possess, or land Atlantic mackerel, 

squid, or butterfish in or from the EEZ. 

(i) Longfin squid moratorium permits. 

(A) Eligibility. To be eligible to apply 

for a moratorium permit to fish for and 

retain longfin squid in excess of the 

incidental catch allowance in paragraph 

(a)(5)(vi) of this section in the EEZ, a 

vessel must have been issued a longfin 

squid moratorium permit for the 

preceding year, be replacing a vessel 

that was issued a moratorium permit for 

the preceding year, or be replacing a 

vessel that was issued a confirmation of 

permit history. Beginning in fishing year 

2018, a vessel may be eligible for and 

could be issued a Tier 1, Tier 2, or Tier 

3 longfin squid moratorium permit if the 

vessel and associated fishing history 

meet the criteria described under 

paragraphs (a)(5)(i)(A)(1) through (3) of 

this section. 

(1) Tier 1 longfin squid moratorium 

permit. Beginning on [date 90 days after 

the date of publication of the final rule 

in the Federal Register], the Regional 

Administer shall automatically issue a 

Tier 1 longfin squid moratorium permit 

to any vessel that is issued a longfin 

squid/butterfish moratorium permit or 

eligible to be issued such a permit held 

in confirmation of permit history (CPH) 

during calendar year 2018 that meets 

the eligibility criteria in this paragraph 

(a)(5)(i)(A)(1). To be eligible for a Tier 1 

permit, a vessel must have been issued 

a valid longfin squid/butterfish 

moratorium permit and landed more 

than 10,000 lb (4,536 kg) of longfin 

squid in at least one calendar year 

between January 1, 1997, and December 

31, 2013. Fishing history, including for 

a permit held in confirmation of permit 

history, can be used by a vessel to 

qualify for and be issued a Tier 1 longfin 

squid moratorium permit, provided the 

Regional Administrator has determined 

that the fishing and permit history of 

such vessel has been lawfully retained 

by the applicant. Landings data used in 

this qualification must be verified by 

dealer reports submitted to NMFS. A 

vessel that was not automatically issued 

a Tier 1 longfin squid moratorium 

permit may apply for such a permit in 

accordance with paragraph (a)(5)(i)(B) of 

this section. 

(2) Tier 2 longfin squid moratorium 

permit. Beginning on [date 90 days after 

the date of publication of the final rule 

in the Federal Register], the Regional 

Administer shall automatically issue a 

Tier 2 longfin squid moratorium permit 

to any vessel that is issued a longfin 

squid/butterfish moratorium permit or 

eligible to be issued such a permit held 

in CPH during fishing year 2018 that 

does not qualify for a Tier 1 longfin 

squid moratorium permit, as described 

in paragraph (a)(5)(i)(A)(1) of this 

section. 


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(3) Tier 3 longfin squid moratorium 

permit. To be issued a Tier 3 permit, a 

vessel must have been issued an open 

access squid/butterfish permit and 

landed more than 5,000 lb (2,268 kg) of 

longfin squid in at least one calendar 

year between January 1, 1997, and 

December 31, 2013. Landings data used 

in this qualification must be verified by 

dealer reports submitted to NMFS. 

(B) Application/renewal restriction. 

See paragraph (a)(1)(i)(B) of this section. 

Unless automatically issued a Tier 1 or 

2 longfin squid moratorium permit in 

accordance with paragraphs 

(a)(5)(i)(A)(1) or (2) of this section, 

beginning on [date 90 days after the 

date of publication of the final rule in 

the Federal Register], a vessel owner 

may submit an initial application for a 

longfin squid moratorium permit 

described in paragraph (a)(5)(i)(A)(1) 

through (3) of this section. The initial 

application must be received by NMFS 

or postmarked no later than [date 455 

days after the date of publication of the 

final rule in the Federal Register]. An 

initial application for a longfin squid 

moratorium permit that is not 

postmarked before [date 455 days after 

the date of publication of the final rule 

in the Federal Register], will not be 

processed because of this regulatory 

restriction, and will be returned to the 

sender with a letter explaining the 

reason for its return. 

(C) Qualification restriction. See 

paragraph (a)(1)(i)(C) of this section. 

Longfin squid landings history 

generated by separate owners of a single 

vessel at different times during the 

qualification period for a longfin squid 

moratorium permit may be used to 

qualify more than one vessel, provided 

that each owner applying for such a 

permit demonstrates that he/she created 

distinct fishing histories, that such 

histories have been retained, and if the 

vessel was sold, that each applicant’s 

eligibility and fishing history is distinct. 

(D) Change in ownership. See 

paragraph (a)(1)(i)(D) of this section. 

(E) Replacement vessels. With the 

exception of a vessel issued a longfin 

squid Tier 3 moratorium permit, to be 

eligible for a longfin squid moratorium 

permit, a replacement vessel must meet 

the criteria specified in paragraph 

(a)(1)(i)(E) of this section. 

(F) Upgraded vessel. With the 

exception of a vessel issued a longfin 

squid Tier 3 moratorium permit, the 

upgrade provisions in paragraph 

(a)(1)(i)(F) of this section apply to a 

vessel issued a longfin squid 

moratorium permit. 

(G) Consolidation restriction. See 

paragraph (a)(1)(i)(G) of this section. 

(H) Vessel baseline specifications. 

With the exception of a vessel issued a 

longfin squid Tier 3 moratorium permit, 

the vessel baseline specification 

measures specified in paragraph 

(a)(3)(i)(H) of this section apply to a 

vessel issued a longfin squid 

moratorium permit. 

(I) One-time longfin squid moratorium 

permit swap. An entity that owns 

multiple vessels issued longfin squid/ 

butterfish moratorium permits as of May 

26, 2017, has a one-time opportunity to 

swap one Tier 1 longfin squid 

moratorium permit issued to one of its 

vessels with a longfin squid Tier 2 

moratorium permit issued to another of 

its vessels. No other fishery permits 

issued under this section may be 

transferred pursuant to this paragraph 

(a)(5)(i)(I). To be eligible for the onetime longfin squid moratorium permit 

swap, the following conditions must be 

met: 

(1) An application to swap longfin 

squid moratorium permits must be 

received by the Regional Administrator 

within one year of the Regional 

Administrator’s final decision on the 

issuance of the longfin squid Tier 1 or 

Tier 2 moratorium permits to be 

exchanged; 

(2) At the time of the application, the 

owner of record for both vessels and 

permits involved in the permit swap 

must be identical to the owner of record 

of the same two vessels issued the 

associated longfin squid/butterfish 

moratorium permits as of May 26, 2017; 

(3) The length overall of the vessel 

upon which a longfin squid moratorium 

permit would be placed may not exceed 

the length overall associated with that 

individual permit’s vessel baseline 

specifications by more than 10 percent; 

and 

(4) The horsepower of the vessel upon 

which a longfin squid moratorium 

permit would be placed may not exceed 

the horsepower associated with that 

individual permit’s vessel baseline 

specifications by more than 20 percent. 

(J) Confirmation of permit history. See 

paragraph (a)(1)(i)(J) of this section. 

(K) Abandonment or voluntary 

relinquishment of permits. See 

paragraph (a)(1)(i)(K) of this section. 

(L) Restriction on permit splitting. See 

paragraph (a)(1)(i)(L) of this section. 

(M) Appeal of permit denial. 

(1) Eligibility. Any applicant eligible 

to apply for a longfin squid moratorium 

permit who is denied such permit by 

the Regional Administrator may appeal 

the denial to the Regional Administrator 

within 30 days of the notice of denial. 

(2) Appeal review. Review of the 

Regional Administrator’s decisions on 

longfin squid moratorium permit 

issuance will be conducted by the 

NOAA Fisheries National Appeals 

Office pursuant to the procedures set 

forth in 15 CFR part 906, unless 

otherwise modified by the procedures 

described here. The National Appeals 

Office shall make findings and submit 

its decision to the Regional 

Administrator and the applicant. The 

Regional Administrator will review the 

National Appeals Office decision and 

make a final decision regarding any 

appeal in accordance with 15 CFR 

906.17. The Regional Administrator’s 

decision is the final decision of the 

Department of Commerce. 

(i) Appeal request. An appeal of the 

denial of an initial permit application 

must be made in writing and submitted 

to and received by the Regional 

Administrator or postmarked no later 

than 30 days after the denial of an initial 

longfin squid moratorium permit 

application. Upon receipt, the Regional 

Administrator shall forward each appeal 

request to the National Appeals Office. 

Appeals must be based on the grounds 

that the information used by the 

Regional Administrator in denying the 

original permit application was 

incorrect. Items subject to appeal 

include, but are not limited to, the 

accuracy of the amount of landings, the 

correct assignment of landings to a 

vessel and/or permit holder, and the 

issuance of a permit to a particular 

entity. The appeal request must state the 

specific grounds for the appeal, and 

include information to support the 

appeal. An appellant may request a 

hearing by including a concise 

statement raising genuine and 

substantial issues of a material fact or 

law that cannot be resolved based on the 

documentary evidence alone. An 

appellant may also request a letter of 

authorization (LOA), as described in 

paragraph (a)(5)(i)(M)(3) of this section, 

to continue to fish during an appeal. If 

the appeal of the denial of the permit 

application is not made within 30 days, 

the denial of the permit application 

shall constitute the final decision of the 

Department of Commerce. The appeal 

will not be reviewed without 

submission of information in support of 

the appeal. 

(ii) Reconsideration. Should the 

National Appeals Office deny an appeal 

request submitted according to 

paragraph (a)(5)(i)(M)(2)(i) of this 

section, the applicant may request a 

reconsideration of the appeal by the 

National Appeals Office. A 

reconsideration request must be made in 

writing and submitted to the National 

Appeals Office within 10 days of that 

office’s decision on the appeal, as 


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instructed by the National Appeals 

Office. 

(3) Status of vessels pending appeal. 

A vessel denied a longfin squid 

moratorium permit may fish for longfin 

squid while the decision on the appeal 

is pending within NMFS, provided that 

the denial has been appealed, the appeal 

is pending, and the vessel has on board 

an LOA from the Regional 

Administrator authorizing the vessel to 

fish under the longfin squid moratorium 

permit category for which the applicant 

has submitted an appeal. A request for 

an LOA must be made when submitting 

an appeal of the denial of the permit 

application. The Regional Administrator 

will issue such a letter for the pending 

period of any appeal. The LOA must be 

carried on board the vessel. If the appeal 

is finally denied, the Regional 

Administrator shall send a notice of 

final denial to the vessel owner; the 

authorizing letter becomes invalid 5 

days after the receipt of the notice of 

denial, but no later than 10 days from 

the date of the letter of denial. 

(ii) Illex squid and butterfish 

moratorium permits. 

(A) Eligibility. To be eligible to apply 

for a moratorium permit to fish for and 

retain Illex squid or butterfish in excess 

of the incidental catch allowance in 

paragraph (a)(5)(iv) of this section in the 

EEZ, a vessel must have been issued an 

Illex squid or butterfish moratorium 

permit for the preceding year, be 

replacing a vessel that was issued a 

moratorium permit for the preceding 

year, or be replacing a vessel that was 

issued a confirmation of permit history. 

Beginning on [date 90 days after the 

date of publication of the final rule in 

the Federal Register], a vessel that 

was previously issued a longfin squid/ 

butterfish moratorium permit during 

fishing year 2018 shall be automatically 

issued a separate butterfish moratorium 

permit. 

(B) Application/renewal restriction. 

See paragraph (a)(1)(i)(B) of this section. 

(C) Qualification restriction. See 

paragraph (a)(1)(i)(C) of this section. 

(D) Change in ownership. See 

paragraph (a)(1)(i)(D) of this section. 

(E) Replacement vessels. See 

paragraph (a)(1)(i)(E) of this section. 

(F) Upgraded vessel. See paragraph 

(a)(1)(i)(F) of this section. 

(G) Consolidation restriction. See 

paragraph (a)(1)(i)(G) of this section. 

(H) Vessel baseline specifications. See 

paragraph (a)(3)(i)(H) of this section. 

(I) [Reserved] 

(J) Confirmation of permit history. See 

paragraph (a)(1)(i)(J) of this section. 

(K) Abandonment or voluntary 

relinquishment of permits. See 

paragraph (a)(1)(i)(K) of this section. 

(L) Restriction on permit splitting. See 

paragraph (a)(1)(i)(L) of this section. 

(iii) Limited access Atlantic mackerel 

permits. (A) Vessel size restriction. A 

vessel of the United States is eligible for 

and may be issued an Atlantic mackerel 

permit to fish for, possess, or land 

Atlantic mackerel in or from the EEZ, 

except for any vessel that is greater than 

or equal to 165 ft (50.3 m) in length 

overall (LOA), or greater than 750 gross 

registered tons (680.4 mt), or the vessel’s 

total main propulsion machinery is 

greater than 3,000 horsepower. Vessels 

that exceed the size or horsepower 

restrictions may seek to obtain an at-sea 

processing permit specified in 

§ 648.6(a)(2)(i). 

(B) Limited access mackerel permits. 

A vessel of the United States that fishes 

for, possesses, or lands more than 

20,000 lb (9,072 kg) of mackerel per trip, 

except vessels that fish exclusively in 

state waters for mackerel, must have 

been issued and carry on board one of 

the limited access mackerel permits 

described in paragraphs (a)(5)(iii)(B)(1) 

through (3) of this section, including 

both vessels engaged in pair trawl 

operations. 

(1) Tier 1 Limited Access Mackerel 

Permit. A vessel may fish for, possess, 

and land mackerel not subject to a trip 

limit, provided the vessel qualifies for 

and has been issued this permit, subject 

to all other regulations of this part. 

(2) Tier 2 Limited Access Mackerel 

Permit. A vessel may fish for, possess, 

and land up to 135,000 lb (50 mt) of 

mackerel per trip, provided the vessel 

qualifies for and has been issued this 

permit, subject to all other regulations of 

this part. 

(3) Tier 3 Limited Access Mackerel 

Permit. A vessel may fish for, possess, 

and land up to 100,000 lb (37.3 mt) of 

mackerel per trip, provided the vessel 

qualifies for and has been issued this 

permit, subject to all other regulations of 

this part. 

(C) Eligibility criteria for mackerel 

permits. To be eligible to apply for a 

Tier 1, Tier 2, or Tier 3 limited access 

mackerel permit to fish for and retain 

Atlantic mackerel in excess of the 

incidental catch allowance in paragraph 

(a)(5)(vi) of this section in the EEZ, a 

vessel must have been issued a Tier 1, 

Tier 2, or Tier 3 limited access mackerel 

permit, as applicable, for the preceding 

year, be replacing a vessel that was 

issued a limited access permit for the 

preceding year, or be replacing a vessel 

that was issued a confirmation of permit 

history. 

(D) Application/renewal restrictions. 

See paragraph (a)(1)(i)(B) of this section. 

(E) Qualification restrictions. (1) See 

paragraph (a)(1)(i)(C) of this section. 

(F) Change of ownership. See 

paragraph (a)(1)(i)(D) of this section. 

(G) Replacement vessels. See 

paragraph (a)(1)(i)(E) of this section. 

(H) Vessel baseline specification. (1) 

In addition to the baseline specifications 

specified in paragraph (a)(1)(i)(H) of this 

section, the volumetric fish hold 

capacity of a vessel at the time it was 

initially issued a Tier 1 or Tier 2 limited 

access mackerel permit will be 

considered a baseline specification. The 

fish hold capacity measurement must be 

certified by one of the following 

qualified individuals or entities: an 

individual credentialed as a Certified 

Marine Surveyor with a fishing 

specialty by the National Association of 

Marine Surveyors (NAMS); an 

individual credentialed as an 

Accredited Marine Surveyor with a 

fishing specialty by the Society of 

Accredited Marine Surveyors (SAMS); 

employees or agents of a classification 

society approved by the Coast Guard 

pursuant to 46 U.S.C. 3316(c); the Maine 

State Sealer of Weights and Measures; a 

professionally-licensed and/or 

registered Marine Engineer; or a Naval 

Architect with a professional engineer 

license. The fish hold capacity 

measurement submitted to NMFS as 

required in this paragraph 

(a)(5)(iii)(H)(1) must include a signed 

certification by the individual or entity 

that completed the measurement, 

specifying how they meet the definition 

of a qualified individual or entity. 

(2) If a mackerel CPH is initially 

issued, the vessel that provided the CPH 

eligibility establishes the size baseline 

against which future vessel size 

limitations shall be evaluated, unless 

the applicant has a vessel under 

contract prior to the submission of the 

mackerel limited access application. If 

the vessel that established the CPH is 

less than 20 ft (6.09 m) in length overall, 

then the baseline specifications 

associated with other limited access 

permits in the CPH suite will be used to 

establish the mackerel baseline 

specifications. If the vessel that 

established the CPH is less than 20 ft 

(6.09 m) in length overall, the limited 

access mackerel eligibility was 

established on another vessel, and there 

are no other limited access permits in 

the CPH suite, then the applicant must 

submit valid documentation of the 

baseline specifications of the vessel that 

established the eligibility. The hold 

capacity baseline for such vessels will 

be the hold capacity of the first 

replacement vessel after the permits are 

removed from CPH. Hold capacity for 

the replacement vessel must be 

measured pursuant to paragraph 

(a)(5)(iii)(H)(1) of this section. 


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(I) Upgraded vessel. See paragraph 

(a)(1)(i)(F) of this section. In addition, 

for Tier 1 and Tier 2 limited access 

mackerel permits, the replacement 

vessel’s volumetric fish hold capacity 

may not exceed by more than 10 percent 

the volumetric fish hold capacity of the 

vessel’s baseline specifications. The 

modified fish hold, or the fish hold of 

the replacement vessel, must be 

resurveyed by a surveyor (accredited as 

in paragraph (a)(5)(iii)(H) of this section) 

unless the replacement vessel already 

had an appropriate certification. 

(J) Consolidation restriction. See 

paragraph (a)(1)(i)(G) of this section. 

(K) Confirmation of permit history. 

See paragraph (a)(1)(i)(J) of this section. 

(L) Abandonment or voluntary 

relinquishment of permits. See 

paragraph (a)(1)(i)(K) of this section. 

(iv) Atlantic mackerel incidental 

catch permits. Any vessel of the United 

States may obtain a permit to fish for or 

retain up to 20,000 lb (9,072 kg) of 

Atlantic mackerel as an incidental catch 

in another directed fishery, provided 

that the vessel does not exceed the size 

restrictions specified in paragraph 

(a)(5)(iii)(A) of this section. The 

incidental catch allowance may be 

revised by the Regional Administrator 

based upon a recommendation by the 

Council following the procedure set 

forth in § 648.21. 

(v) Party and charter boat permits. 

The owner of any party or charter boat 

must obtain a permit to fish for, possess, 

or retain in or from the EEZ mackerel, 

squid, or butterfish while carrying 

passengers for hire. 

(vi) Squid/butterfish incidental catch 

permit. Any vessel of the United States 

may obtain a permit to fish for or retain 

up to 250 lb (113 kg) of longfin squid, 

600 lb (272 kg) of butterfish, or up to 

10,000 lb (4,536 kg) of Illex squid, as an 

incidental catch in another directed 

fishery. The incidental catch allowance 

may be revised by the Regional 

Administrator based upon a 

recommendation by the Council 

following the procedure set forth in 

§ 648.22. 

* * * * * 

■ 4. In § 648.7, revise paragraphs (a)(1), 

(b)(3)(iii), and (f)(2)(i) to read as follows: 

§ 648.7 Recordkeeping and reporting 

requirements. 

(a) * * * 

(1) Federally permitted dealers, and 

any individual acting in the capacity of 

a dealer, must submit to the Regional 

Administrator or to the official designee 

a detailed report of all fish purchased or 

received for a commercial purpose, 

other than solely for transport on land, 

within the time period specified in 

paragraph (f) of this section, by one of 

the available electronic reporting 

mechanisms approved by NMFS, unless 

otherwise directed by the Regional 

Administrator. The dealer reporting 

requirements specified in this paragraph 

(a)(1) for dealers purchasing or receiving 

for a commercial purpose Atlantic chub 

mackerel are effective through 

December 31, 2020. The following 

information, and any other information 

required by the Regional Administrator, 

must be provided in each report: 

(i) Required information. All dealers 

issued a dealer permit under this part 

must provide: Dealer name; dealer 

permit number; name and permit 

number or name and hull number 

(USCG documentation number or state 

registration number, whichever is 

applicable) of vessel(s) from which fish 

are purchased or received; trip identifier 

for each trip from which fish are 

purchased or received from a 

commercial fishing vessel permitted 

under this part; date(s) of purchases and 

receipts; units of measure and amount 

by species (by market category, if 

applicable); price per unit by species (by 

market category, if applicable) or total 

value by species (by market category, if 

applicable); port landed; cage tag 

numbers for surfclams and ocean 

quahogs, if applicable; disposition of the 

seafood product; and any other 

information deemed necessary by the 

Regional Administrator. If no fish are 

purchased or received during a 

reporting week, a report so stating must 

be submitted. 

(ii) Exceptions. The following 

exceptions apply to reporting 

requirements for dealers permitted 

under this part: 

(A) Inshore Exempted Species, as 

defined in § 648.2, are not required to be 

reported under this part; 

(B) When purchasing or receiving fish 

from a vessel landing in a port located 

outside of the Greater Atlantic Region 

(Maine, New Hampshire, Massachusetts, 

Connecticut, Rhode Island, New York, 

New Jersey, Pennsylvania, Maryland, 

Delaware, Virginia and North Carolina), 

only purchases or receipts of species 

managed by the Greater Atlantic Region 

under this part, and American lobster, 

managed under part 697 of this chapter, 

must be reported. Other reporting 

requirements may apply to those species 

not managed by the Northeast Region, 

which are not affected by this provision; 

and 

(C) Dealers issued a permit for 

Atlantic bluefin tuna under part 635 of 

this chapter are not required to report 

their purchases or receipts of Atlantic 

bluefin tuna under this part. Other 

reporting requirements, as specified in 

§ 635.5 of this chapter, apply to the 

receipt of Atlantic bluefin tuna. 

* * * * * 

(b) * * * 

(3) * * * 

(iii) Longfin squid moratorium permit 

owners or operators. The owner or 

operator of a vessel issued a longfin 

squid moratorium permit must report 

catch (retained and discarded) of longfin 

squid daily via VMS, unless exempted 

by the Regional Administrator. The 

report must include at least the 

following information, and any other 

information required by the Regional 

Administrator: Fishing Vessel Trip 

Report serial number; month, day, and 

year longfin squid was caught; total 

pounds longfin squid retained and total 

pounds of all fish retained. Daily longfin 

squid VMS catch reports must be 

submitted in 24-hr intervals for each 

day and must be submitted by 0900 hr 

on the following day. Reports are 

required even if longfin squid caught 

that day have not yet been landed. This 

report does not exempt the owner or 

operator from other applicable reporting 

requirements of this section. 

* * * * * 

(f) * * * 

(2) * * * 

(i) For any vessel not issued a NE 

multispecies; Atlantic herring permit; or 

any Atlantic mackerel, longfin squid, 

Illex squid, or butterfish permit; fishing 

vessel log reports, required by paragraph 

(b)(1)(i) of this section, must be 

postmarked or received by NMFS 

within 15 days after the end of the 

reporting month. For any vessel issued 

a NE multispecies permit; Atlantic 

herring permit; or any Atlantic 

mackerel, longfin squid, Illex squid, or 

butterfish permit; fishing vessel log 

reports must be postmarked or received 

by midnight of the first Tuesday 

following the end of the reporting week. 

For the purposes of this paragraph 

(f)(2)(i), the date when fish are offloaded 

will establish the reporting week or 

month the VTR must be submitted to 

NMFS, as appropriate. 

* * * * * 

■ 5. In § 648.10, revise paragraphs (b)(9) 

through (11), (e)(5)(i), (o), and (p); and 

add paragraph (b)(12) to read as follows: 

§ 648.10 VMS and DAS requirements for 

vessel owners/operators. 

* * * * * 

(b) * * * 

(9) A vessel issued a Tier 1, Tier 2, or 

Tier 3 limited access Atlantic mackerel 

permit; 

(10) A vessel issued a Tier 1 or Tier 

2 longfin squid moratorium permit; 

(11) A vessel issued an Illex squid 

moratorium permit; or 


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(12) A vessel issued a butterfish 

moratorium permit. 

* * * * * 

(e) * * * 

(5) * * * 

(i) A vessel subject to the VMS 

requirements of § 648.9 and paragraphs 

(b) through (d) of this section that has 

crossed the VMS Demarcation Line 

under paragraph (a) of this section is 

deemed to be fishing under the DAS 

program, the Access Area Program, the 

LAGC IFQ or NGOM scallop fishery, or 

other fishery requiring the operation of 

VMS as applicable, unless prior to 

leaving port, the vessel’s owner or 

authorized representative declares the 

vessel out of the scallop, NE 

multispecies, monkfish, or any other 

fishery, as applicable, for a specific time 

period. NMFS must be notified by 

transmitting the appropriate VMS code 

through the VMS, or unless the vessel’s 

owner or authorized representative 

declares the vessel will be fishing in the 

Eastern U.S./Canada Area, as described 

in § 648.85(a)(3)(ii), under the 

provisions of that program. 

* * * * * 

(o) Longfin squid VMS notification 

requirement. A vessel issued a Tier 1 or 

Tier 2 longfin squid moratorium permit 

intending to harvest, possess, or land 

more than 2,500 lb (1.13 mt) of longfin 

squid on that trip must notify NMFS by 

declaring a longfin squid trip before 

leaving port at the start of each trip. 

(p) Illex squid VMS notification 

requirement. A vessel issued an Illex 

squid moratorium permit intending to 

harvest, possess, or land 10,000 lb 

(4,536 kg) or more of Illex squid on that 

trip must notify NMFS by declaring an 

Illex squid trip before leaving port at the 

start of each trip. 

* * * * * 

■ 6. In § 648.11, revise the introductory 

text in paragraph (n)(2) and paragraphs 

(n)(3)(i) and (ii) to read as follows: 

§ 648.11 At-sea sea sampler/observer 

coverage. 

* * * * * 

(n) * * * 

(2) Sampling requirements for limited 

access Atlantic mackerel or Tier 1 or 2 

longfin squid, or butterfish moratorium 

permit holders. In addition to the 

requirements in paragraphs (d)(1) 

through (7) of this section, an owner or 

operator of a vessel issued a limited 

access Atlantic mackerel or a longfin 

squid or butterfish moratorium permit 

on which a NMFS-approved observer is 

embarked must provide observers: 

* * * * * 

(3) * * * 

(i) No vessel issued a limited access 

Atlantic mackerel permit or a longfin 

squid or butterfish moratorium permit 

may slip catch, as defined at § 648.2, 

except in the following circumstances: 

(A) The vessel operator has 

determined, and the preponderance of 

available evidence indicates that, there 

is a compelling safety reason; or 

(B) A mechanical failure, including 

gear damage, precludes bringing some 

or all of the catch on board the vessel 

for sampling and inspection; or 

(C) The vessel operator determines 

that pumping becomes impossible as a 

result of spiny dogfish clogging the 

pump intake. The vessel operator shall 

take reasonable measures, such as 

strapping and splitting the net, to 

remove all fish that can be pumped from 

the net prior to release. 

(ii) If a vessel issued any limited 

access Atlantic mackerel permit slips 

catch, the vessel operator must report 

the slippage event on the Atlantic 

mackerel and longfin squid daily VMS 

catch report and indicate the reason for 

slipping catch. Additionally, for a vessel 

issued a limited Atlantic mackerel 

permit or a longfin squid or butterfish 

moratorium permit, the vessel operator 

must complete and sign a Released 

Catch Affidavit detailing: The vessel 

name and permit number; the VTR 

serial number; where, when, and the 

reason for slipping catch; the estimated 

weight of each species brought on board 

or slipped on that tow. A completed 

affidavit must be submitted to NMFS 

within 48 hr of the end of the trip. 

* * * * * 

■ 7. In § 648.13, revise paragraph (a) to 

read as follows: 

§ 648.13 Transfers at sea. 

(a) Vessels issued a longfin squid, 

butterfish, or Illex squid moratorium 

permit and vessels issued a squid/ 

butterfish incidental catch permit may 

transfer or attempt to transfer or receive 

longfin squid, Illex squid, or butterfish 

only if authorized in writing by the 

Regional Administrator through the 

issuance of a letter of authorization 

(LOA). 

* * * * * 

■ 8. In § 648.14, revise paragraphs 

(g)(1)(i), (g)(1)(ii)(B), (g)(2)(i), 

(g)(2)(ii)(A), (g)(2)(ii)(D) and (F), 

(g)(2)(iii)(A), introductory text for 

(g)(2)(v), (g)(2)(v)(A), and (g)(2)(vi); and 

add paragraph (g)(2)(ii)(H) to read as 

follows: 

§ 648.14 Prohibitions. 

(g) * * * 

(1) * * * 

(i) Possession and landing. Take and 

retain, possess, or land more Atlantic 

mackerel, squid or butterfish than 

specified under, or after the effective 

date of, a notification issued under 

§§ 648.22 or 648.24(d). 

(ii) * * * 

(B) Transfer longfin squid, Illex squid, 

or butterfish within the EEZ, unless the 

vessels participating in the transfer have 

been issued the appropriate LOA from 

the Regional Administrator along with a 

valid longfin squid, butterfish, or Illex 

squid moratorium permit and are 

transferring species for which the 

vessels are permitted, or a valid squid/ 

butterfish incidental catch permit. 

* * * * * 

(2) * * * 

(i) General requirement. Fail to 

comply with any measures 

implemented pursuant to Subpart B. 

(ii) * * * 

(A) Possess more than the incidental 

catch allowance of longfin squid, unless 

issued a longfin squid moratorium 

permit. 

* * * * * 

(D) Take and retain, possess, or land 

mackerel, squid, or butterfish in excess 

of a possession limit specified in 

§ 648.26. 

* * * * * 

(F) Take and retain, possess, or land 

mackerel after a total closure specified 

under § 648.24(b)(1). 

* * * * * 

(H) Possess more than the incidental 

catch allowance of butterfish, unless 

issued a butterfish moratorium permit. 

(iii) * * * 

(A) Fish with or possess nets or 

netting that do not meet the gear 

requirements for Atlantic mackerel, 

longfin squid, Illex squid, or butterfish 

specified in § 648.23(a); or that are 

modified, obstructed, or constricted, if 

subject to the minimum mesh 

requirements, unless the nets or netting 

are stowed and not available for 

immediate use as defined in § 648.2 or 

the vessel is fishing under an exemption 

specified in § 648.23(a)(5). 

* * * * * 

(v) VMS reporting requirements in the 

directed Atlantic mackerel longfin 

squid, and Illex squid fisheries. 

(A) Fail to declare via VMS into the 

directed mackerel, longfin squid,, or 

Illex squid fisheries by entering the 

fishery code prior to leaving port at the 

start of each trip if the vessel will 

harvest, possess, or land more than an 

incidental catch of Atlantic mackerel, 

longfin squid, or Illex squid and is 

issued a Limited Access Atlantic 

mackerel permit, Tier 1 or Tier 2 longfin 

squid moratorium permit, or Illex squid 

moratorium permit. 

* * * * * 

(vi) Slip catch, as defined at § 648.2, 

unless for one of the reasons specified 


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44560 Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Proposed Rules 

at § 648.11(n)(3)(i) if issued a limited 

access Atlantic mackerel permit, or a 

longfin squid or a butterfish moratorium 

permit. 

* * * * * 

■ 9. In § 648.22, revise paragraphs 

(a),(b)(1)(i)(B), (c)(3), and (c)(6) to read 

as follows: 

§ 648.22 Atlantic mackerel, squid, and 

butterfish specifications. 

(a) Initial recommended annual 

specifications. The Atlantic Mackerel, 

Squid, and Butterfish Monitoring 

Committee (Monitoring Committee) 

shall meet annually to develop and 

recommend the following specifications 

for consideration by the Squid, 

Mackerel, and Butterfish Committee of 

the MAFMC: 

(1) Illex squid—Initial OY (IOY), 

including Research Set-Aside (RSA), 

domestic annual harvest (DAH), and 

domestic annual processing (DAP) for 

Illex squid, which, subject to annual 

review, may be specified for a period of 

up to 3 years; 

(2) Butterfish—ACL; ACT including 

RSA, DAH, DAP; bycatch level of the 

total allowable level of foreign fishing 

(TALFF), if any; and butterfish mortality 

cap for the longfin squid fishery for 

butterfish; which, subject to annual 

review, may be specified for a period of 

up to 3 years; 

(3) Atlantic mackerel—ACL; 

commercial ACT, including RSA, DAH, 

mackerel Tier 3 allocation (up to 7 

percent of the DAH), DAP; joint venture 

processing (JVP) if any; TALFF, if any; 

and recreational ACT, including RSA 

for mackerel; which, subject to annual 

review, may be specified for a period of 

up to 3 years. The Monitoring 

Committee may also recommend that 

certain ratios of TALFF, if any, for 

mackerel to purchases of domestic 

harvested fish and/or domestic 

processed fish be established in relation 

to the initial annual amounts. 

(4) Longfin squid – 

(i) IOY, including RSA, DAH, and 

DAP for longfin squid, which, subject to 

annual review, may be specified for a 

period of up to 3 years; and 

(ii) Inseason adjustment, upward or 

downward, to the specifications for 

longfin squid, as specified in paragraph 

(e) of this section. 

(b) * * * 

(1) * * * 

(i) * * * 

(B) Illex squid—Catch associated with 

a fishing mortality rate of FMSY.

* * * * * 

(c) * * * 

(3) The amount of longfin squid, Illex 

squid, and butterfish that may be 

retained and landed by vessels issued 

the incidental catch permit specified in 

§ 648.4(a)(5)(vi), and the amount of 

mackerel that may be retained, 

possessed and landed by any of the 

limited access mackerel permits 

described at § 648.4(a)(5)(iii) and the 

incidental mackerel permit at 

§ 648.4(a)(5)(iv). 

* * * * * 

(6) Commercial seasonal quotas/ 

closures for longfin squid and Illex 

squid, and allocation for the Tier 3 

Limited Access Mackerel permit. 

* * * * * 

■ 10. In § 648.24, revise paragraph (c)(1) 

to read as follows: 

§ 648.24 Fishery closures and 

accountability measures. 

* * * * * 

(c) * * * 

(1) Directed butterfish fishery closure. 

When the butterfish catch reaches the 

butterfish closure threshold as 

determined in the annual specifications, 

NMFS shall implement a 5,000 lb (2,268 

kg) possession limit for vessels issued a 

butterfish moratorium permit that are 

fishing with a minimum mesh size of 3 

inches (76 mm). When NMFS projects 

that the butterfish catch has reached the 

butterfish DAH, as determined in the 

annual specifications, NMFS shall 

implement a 600 lb (272 kg) possession 

limit for all vessels issued a longfin 

squid or butterfish moratorium permit, 

or a squid/butterfish incidental catch 

permit. 

* * * * * 

■ 11. In § 648.25, revise paragraph 

(a)(4)(i) to read as follows: 

§ 648.25 Atlantic Mackerel, squid, and 

butterfish framework adjustments to 

management measures. 

(a) * * * 

(4) * * * 

(i) If NMFS concurs with the 

MAFMC’s recommended management 

measures and determines that the 

recommended management measures 

should be issued as a final rule based on 

the factors specified in paragraph (a)(3) 

of this section, the measures will be 

issued as a final rule in the Federal 

Register. 

* * * * * 

■ 12. In § 648.26, revise paragraphs (b) 

through (d) to read as follows: 

§ 648.26 Mackerel, squid, and butterfish 

possession restrictions. 

* * * * * 

(b) Longfin squid. 

(1) Directed fishery. A vessel must be 

issued a valid longfin squid moratorium 

permit to fish for, possess, or land more 

than 250 lb (113 kg) of longfin squid 

from or in the EEZ per trip. Unless the 

directed fishery is closed pursuant to 

paragraph § 648.24(a)(1), the following 

longfin squid possession limits apply: 

(i) Tier 1 moratorium permits. A 

vessel issued a Tier 1 longfin squid 

moratorium permit may possess an 

unlimited amount of longfin squid per 

trip. 

(ii) Tier 2 moratorium permits. A 

vessel issued a Tier 2 longfin squid 

moratorium permit may not fish for, 

possess, or land more than 5,000 lb 

(2,268 kg) of longfin squid per trip, and 

may only land longfin squid once on 

any calendar day. 

(iii) Tier 3 moratorium permits. A 

vessel issued a Tier 3 longfin squid 

moratorium permit may not fish for, 

possess, or land more than 2,500 lb 

(1,134 kg) of longfin squid per trip, and 

may only land longfin squid once on 

any calendar day. 

(2) Incidental fishery. 

(i) A vessel issued an open access 

squid/butterfish incidental catch permit 

may not fish for, possess, or land more 

than 250 lb (113 kg) of longfin squid 

from or in the EEZ per trip, and may 

only land longfin squid once on any 

calendar day. 

(ii) During a closure of the directed 

longfin squid fishery in either Trimester 

I or III pursuant to paragraph 

§ 648.24(a)(1), a vessel may not fish for, 

possess, or land more than 2,500 lb 

(1,134 kg) of longfin squid at any time 

per trip, and may only land longfin 

squid once on any calendar day. 

(iii) Unless otherwise specified in 

paragraph (b)(2)(iv) of this section, 

during a closure of the directed longfin 

squid fishery in Trimester II pursuant to 

§ 648.24(a)(1), a vessel may not fish for, 

possess, or land more than 250 lb (113 

kg) of longfin squid at any time per trip, 

and may only land longfin squid once 

on any calendar day. 

(iv) During a closure of the directed 

longfin squid fishery in Trimester II, a 

vessel issued either a Tier 1 or Tier 2 

longfin squid moratorium permit may 

possess more than 250 lb (113 kg) of 

longfin squid per trip, provided the 

following conditions are met: 

(A) The vessel operator has declared 

into the directed Illex squid fishery via 

VMS, as specified in § 648.10; 

(B) The vessel is seaward of the 

coordinates specified at § 648.23(a)(5); 

(C) The vessel possesses more than 

10,000 lb (4,536 kg) of Illex squid on 

board; 

(D) The vessel possesses less than 

15,000 lb (6,803 kg) of longfin squid if 

issued a Tier 1 longfin squid 

moratorium permit or 5,000 lb (2,268 

kg) of longfin squid if issued a Tier 2 

longfin squid moratorium permit; and 


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Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Proposed Rules 44561 

(E) All fishing gear is stowed and 

rendered not available for immediate 

use, as defined in § 648.2, once the 

vessel is landward of the coordinates 

specified at § 648.23(a)(5). 

(c) Illex squid. 

(1) Directed fishery. A vessel must be 

issued a valid Illex squid moratorium 

permit to fish for, possess, or land more 

than 10,000 lb (4,536 kg) of Illex squid 

from or in the EEZ per trip. Unless the 

directed fishery is closed pursuant to 

paragraph § 648.24(a)(2), a vessel issued 

an Illex moratorium permit may possess 

an unlimited amount of Illex squid per 

trip. 

(2) Incidental fishery. A vessel may 

not fish for, possess, or land more than 

10,000 lb (4,536 kg) of Illex squid per 

trip at any time, and may only land Illex 

squid once on any calendar day if: 

(i) A vessel is issued an open access 

squid/butterfish incidental catch permit; 

or 

(ii) A vessel is issued an Illex 

moratorium permit and the directed 

fishery is closed pursuant to paragraph 

§ 648.24(a)(2). 

(d) Butterfish. Any vessel issued a 

butterfish permit under this part may 

only land butterfish once on any 

calendar day. 

(1) Directed fishery. A vessel must be 

issued a butterfish moratorium permit to 

fish for, possess, or land more than 600 

lb (272 kg) of butterfish per trip. 

(i) Vessels fishing with larger mesh. A 

vessel issued a butterfish moratorium 

permit fishing with a minimum mesh 

size of 3 inches (76 mm) is authorized 

to fish for, possess, or land butterfish 

with no possession restriction in the 

EEZ per trip, provided that directed 

butterfish fishery has not been closed 

and the reduced possession limit has 

not been implemented, as specified in 

§ 648.24(c)(1). When butterfish harvest 

is projected to reach the threshold for 

the butterfish fishery, as specified in 

§ 648.24(c)(1), these vessels may not fish 

for, possess, or land more than 5,000 lb 

(2,268 kg) of butterfish per trip at any 

time. When butterfish harvest is 

projected to reach the DAH limit, as 

specified in § 648.24(c)(1), these vessels 

may not fish for, possess, or land more 

than 600 lb (272 kg) of butterfish per 

trip at any time. 

(ii) Vessels fishing with smaller mesh. 

A vessel issued a butterfish moratorium 

permit fishing with mesh less than 3 

inches (76 mm) may not fish for, 

possess, or land more than 5,000 lb 

(2,268 kg) of butterfish per trip at any 

time, provided that butterfish harvest 

has not reached the DAH limit and the 

reduced possession limit has not been 

implemented, as described in 

§ 648.24(c)(1). When butterfish harvest 

is projected to reach the DAH limit, as 

described in § 648.24(c)(1), these vessels 

may not fish for, possess, or land more 

than 600 lb (272 kg) of butterfish per 

trip at any time. 

(2) Incidental fishery. A vessel issued 

a squid/butterfish incidental catch 

permit, regardless of mesh size used, 

may not fish for, possess, or land more 

than 600 lb (272 kg) of butterfish per 

trip at any. 

* * * * * 

[FR Doc. 2018–18934 Filed 8–30–18; 8:45 am] 

BILLING CODE 3510–22–P 


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