[Federal Register Volume 65, Number 234 (Tuesday, December 5, 2000)]
[Proposed Rules]
[Pages 75912-75916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30819]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 600 and 648

[Docket No. 001127331-0331-01; I.D. No. 102600B]
RIN 0648-AN69


Magnuson-Stevens Act Provisions; Foreign Fishing and Fisheries of 
the Northeastern United States; Atlantic Mackerel, Squid, and 
Butterfish Fisheries; 2001 Specifications and Foreign Fishing 
Restrictions

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

ACTION: Proposed 2001 initial specifications; request for comments.

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SUMMARY: NMFS proposes initial specifications for the 2001 fishing year 
for Atlantic mackerel, squid, and butterfish (MSB). Regulations 
governing these fisheries require NMFS to publish specifications for 
the upcoming fishing year and to provide an opportunity for public 
comment. The intent of this action is to fulfill this requirement and 
to promote the development and conservation of the MSB resources. This 
action also proposes an inseason adjustment procedure for the 2001 
mackerel joint venture processing (JVP) annual specifications and a 
proposal to allocate the domestic annual harvest (DAH) for Loligo squid 
into quarterly periods.

DATES: Public comments must be received no later than 5 p.m., eastern 
standard time, on January 4, 2001.

ADDRESSES: Comments on the proposed specifications should be sent to: 
Patricia A. Kurkul, Regional Administrator, Northeast Regional Office, 
NMFS, One Blackburn Drive, Gloucester, MA 01930-2298. Please mark the 
envelope, ``Comments-2001 MSB Specifications.'' Comments also may be 
sent via facsimile (fax) to 978-281-9135. Comments will not be accepted 
if submitted via e-mail or Internet.
    Copies of supporting documents used by the Mid-Atlantic Fishery 
Management Council, including the Environmental Assessment and 
Regulatory Impact Review (RIR)/Initial Regulatory Flexibility Analysis 
(IRFA), are available from: Daniel Furlong, Executive Director, Mid-
Atlantic Fishery Management Council, Room 2115, Federal Building, 300 
South New Street, Dover, DE 19904-6790.
    Send comments on any ambiguity or unnecessary complexity arising 
from the language used in this proposed rule to Patricia A. Kurkul, 
Regional Administrator.

FOR FURTHER INFORMATION CONTACT: Paul H. Jones, Fishery Policy Analyst 
(978)281-9273, fax 978-281-9135, e-mail <a href="/cdn-cgi/l/email-protection#d1a1b0a4bdffb9ffbbbebfb4a291bfbeb0b0ffb6bea7"><span class="__cf_email__" data-cfemail="82f2e3f7eeaceaace8edece7f1c2ecede3e3ace5edf4">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Regulations implementing the Fishery 
Management Plan for the Atlantic Mackerel, Squid, and Butterfish 
Fisheries (FMP), prepared by the Mid-Atlantic Fishery Management 
Council (Council), appear at 50 CFR part 648, subpart B. Regulations 
governing foreign fishing appear at 50 CFR part 600, subpart F. These 
regulations, at Secs.  600.516(c) and 648.21, require that NMFS, based 
on the maximum optimum yield (Max OY) of each fishery as established by 
the regulations, annually publish a proposed rule specifying the 
initial amounts of the initial optimum yield (IOY), as well as the 
amounts for allowable biological catch (ABC), DAH, domestic annual 
processing (DAP), JVP, and total allowable levels of foreign fishing 
(TALFF) for the affected species managed under the FMP. The regulations 
also specify that there will be no JVP or TALFF specified for Loligo, 
Illex, or butterfish, except that a butterfish bycatch TALFF will be 
specified if TALFF is specified for Atlantic mackerel. Procedures for 
determining the initial annual amounts are found in Sec.  648.21.
    In addition to the annual specifications for each of the four 
species managed under the FMP, the Council recommended that, for 
several species managed by the Council, 2 percent of the 2001 total 
allowable landings (TAL) for each of these species be set aside for 
data collection purposes. Because no TAL is specified for Atlantic 
mackerel, squid, and butterfish, TAL is considered equivalent to IOY. 
The deduction would occur no later than December 31, 2000, upon 
notification to the Northeast Regional Administrator that the Council, 
in consultation with the Atlantic States Marine Fisheries Commission, 
has approved a specific data collection project that would use the set-
aside allocation. If a project is not approved before December 31, 
2000, then a set-aside deduction from the TAL would not occur. However, 
the set-aside recommendation cannot become effective until the Council 
adopts a framework measure, which in turn, is approved by NMFS, to 
establish the regulatory underpinnings of the process to allocate the 
set-aside.
    Table 1 contains the proposed initial specifications for the 2001 
Atlantic mackerel, Loligo and Illex squids, and butterfish fisheries.

     Table 1. Proposed Initial Annual Specifications, in Metric Tons (mt), for Atlantic Mackerel, Squid, and
                      Butterfish for the Fishing Year January 1 through December 31, 2001.
----------------------------------------------------------------------------------------------------------------
                                                                        Squid
                       Specifications                        --------------------------   Atlantic    Butterfish
                                                                 Loligo       Illex       Mackerel
----------------------------------------------------------------------------------------------------------------
Max OY                                                             26,000       24,000       N/A\1\       16,000
ABC                                                                17,000       24,000      347,000        7,200
IOY                                                             17,000\6\    24,000\6\  88,000\2,6\     5,900\6\
DAH                                                                17,000       24,000    85,000\3\        5,897
DAP                                                                17,000       24,000       50,000        5,897
JVP                                                                     0            0    20,000\4\            0

[[Page 75913]]

 
TALFF                                                                   0            0        3,000         3\5\
----------------------------------------------------------------------------------------------------------------
\1\ Not applicable.
\2\ OY may be increased during the year, but the total ABC will not exceed 347,000 mt
\3\ Includes 15,000 mt of Atlantic mackerel recreational allocation.
\4\ JVP may be increased up to 30,000 mt at discretion of RA.
\5\ Bycatch TALFF specified at Sec.  648.21(b)(3)(ii).
\6\ If a 2 percent research set-aside is deducted, the total IOY would be as follows: Atlantic mackerel - 86,240
  mt, Loligo - 16,660 mt, Illex - 23,520 mt, and butterfish - 5,782 mt.

2001 Proposed Specifications

Atlantic Mackerel

    Overfishing for Atlantic mackerel is defined by the FMP to occur 
when the catch associated with a threshold fishing mortality rate (F) 
of FMSY (the F that produces MSY (maximum sustainable yield)) is 
exceeded. When spawning stock biomass (SSB) is greater than 890,000 mt, 
the overfishing limit is FMSY (0.45), and the target F is 0.25. To 
avoid low levels of recruitment, the FMP adopted a control rule whereby 
the threshold F decreases linearly from 0.45 at 890,000 mt SSB to zero 
at 225,000 mt SSB (1/4 of the biomass level that would produce MSY on a 
continuing basis (B<INF>MSY</INF>)), and the target F decreases 
linearly from 0.25 at 890,000 mt SSB to zero at 450,000 mt SSB 
(<INF>1/2</INF> B<INF>MSY</INF>). Annual quotas are specified that 
correspond to the target F resulting from this control rule.
    Since SSB is currently above 890,000 mt, the target F for 2001 is 
0.25. The yield associated with that target F at the estimated stock 
size is 369,000 mt. The ABC recommendation of 347,000 mt represents the 
F=0.25 yield estimate of 369,000 mt, minus the estimated Canadian catch 
of 22,000 mt. The proposed IOY for the 2001 Atlantic mackerel fishery 
is 88,000 mt, which is equal to the proposed DAH plus TALFF. The 
specification for DAH is computed by calculating the estimated 
recreational catch, the proposed DAP and JVP. The recreational catch 
component of DAH is estimated to be 15,000 mt. DAP and JVP components 
of DAH have historically been estimated using the Council's annual 
processor survey, which is intended to obtain estimates of processing 
capacity in the domestic and joint venture (JV) fisheries. However, for 
the years 1994 through 2001, response to this voluntary survey was low 
and did not contain projections from some large processors. The Council 
still believes, based on the best data available, that the capacity of 
the domestic fleet to harvest mackerel greatly exceeds the domestic 
processors capacity to process mackerel. Additionally, the Council 
generally agreed that JVs have had a positive impact on the development 
of the U.S. Atlantic mackerel fishery. This assertion led to the 
Council recommendation that JVP be set at 20,000 mt in 2001 (10,000 mt 
more than 1999 and 2000; 5,000 mt more than in 1998; and 5,000 mt less 
than in 1997).
    The Council has recommended, and NMFS proposes, a specification of 
20,000 mt of JVP for the 2001 fishery, with a possible increase to 
30,000 mt later in the year. If additional applications for JVP are 
received, NMFS could increase this allocation to 30,000 mt by 
publishing notification in the Federal Register. The Council also 
recommended, and NMFS proposes, a DAP of 50,000 mt, yielding a DAH of 
85,000 mt, which includes the 15,000-mt recreational catch component.
    A TALFF of 3,000 mt is recommended by the Council and proposed by 
NMFS for the 2001 Atlantic mackerel fishery. Several foreign nations 
have expressed their interest in JVP, with two applications already 
submitted by Lithuania and the Russian Federation. TALFF, which is 
foreign fishing, rather than just processing by foreign vessels, would 
be authorized only if U.S. vessels are unable to deliver product to 
foreign JV catcher/processor vessels for a period of time due to events 
such as bad weather. The Council's intent is to encourage JV fisheries 
by allowing TALFF in special circumstances.
    As authorized by Secs.  600.501 and 600.520(b)(2)(ii), the Council 
also recommended, and NMFS proposes, that several special conditions be 
imposed on the 2001 Atlantic mackerel fishery, as follows: (1) JVs 
would be allowed south of 37 deg. 30' N. lat., but river herring 
bycatch may not exceed 0.25 percent of the over-the-side transfers of 
Atlantic mackerel; (2) directed foreign fishing for Atlantic mackerel 
would be prohibited south of 37 deg. 30' N. lat., north of 37 deg. 30' 
N. lat., directed foreign fishing for Atlantic mackerel would be 
prohibited landward of a line 20 nautical miles from shore and no 
bycatch TALFF of river herring is specified; (3) the Administrator, 
Northeast Region, NMFS (Regional Administrator) should ensure that 
impacts on marine mammals are reduced in the prosecution of the 
Atlantic mackerel fishery; (4) the mackerel optimum yield (OY) may be 
increased during the year, but the total should not exceed 347,000 mt; 
(5) applications from a particular nation for a Atlantic mackerel JV or 
TALFF allocation for 2001 may be based on an evaluation by the Regional 
Administrator of that nation's performances relative to purchase 
obligations for previous years; (6) no purchase ratios would be 
specified; upon approval of an application for TALFF, 50 percent of the 
foreign nation's TALFF allotment would be released; additional TALFF 
would be released only when the foreign participant has purchased 25 
percent of the JVP allotment to that nation; (7) foreign fishing 
vessels (FFV) would be required to purchase JVP-caught fish from 
contracted U.S. vessels; if a FFV were engaged in directed fishing and 
is approached by a contracted U.S. vessel, the FFV would be required to 
cease directed fishing and take the transfer from the U.S. vessel as 
soon as practicable; (8) no in-season adjustment in TALFF (i.e., TALFF 
not to exceed 3,000 mt) would be authorized, unless the Regional 
Administrator, with concurrence of the Council, determined that it is 
appropriate to increase IOY to provide additional TALFF, but the TALFF 
should not exceed a cap of 5,000 mt; an (9) directed foreign fishing 
for Atlantic mackerel would be limited to the use of mid-water trawl 
gear.

Atlantic Squids

Loligo

    The FMP defines overfishing for Loligo as occurring when the catch 
associated with a threshold of the

[[Page 75914]]

fishing mortality that produces the maximum sustainable level of yield 
per recruit (F<INF>MAX</INF>) is exceeded (F<INF>MAX</INF> is a proxy 
for FMSY). When an estimate of F<INF>MSY</INF> becomes available, it 
will replace the current overfishing proxy F<INF>MAX</INF>. Max OY is 
specified as the catch associated with a F<INF>MAX</INF>. In addition, 
the biomass target is specified as B<INF>MSY</INF>.
    The most recent stock assessment for Loligo (the 29th Northeast 
Regional Stock Assessment Workshop, August 1999 (SAW-29)) concluded 
that the stock is approaching an overfished condition and that 
overfishing is occurring. More recently, NMFS' Report to Congress: 
Status of Fisheries of the United States (October 1999) determined that 
the Loligo stock is overfished.
    The Magnuson-Stevens Fishery Conservation and Management Act 
requires the Council to take remedial action to rebuild an overfished 
stock to a level that will produce B<INF>MSY</INF>. The control rule in 
the FMP specifies that the target F must be reduced to zero if biomass 
falls below 50 percent of B<INF>MSY</INF>. The target F increases 
linearly to 75 percent of F<INF>MSY</INF> as biomass increases to 
B<INF>MSY</INF>. However, projections made in SAW-29 indicate that the 
Loligo control rule appears to be overly conservative. The projections 
from SAW 29 indicated that the Loligo biomass could be rebuilt to 
levels approximating Bmsy in three years if fishing mortality was 
reduced to the target mortality rate specified in Amendment 8 of 75 
percent of F<INF>MSY</INF>. The yield associated with this fishing 
mortality rate (75 percent of F<INF>MSY</INF>) in 2000, assuming status 
quo F in 1999, was estimated to be 11,732 mt in SAW 29. The current 
regulations still specify Max OY as the yield associated 
F<INF>MAX</INF>, or 26,000 mt. In determining the specification of ABC 
for the year 2000, the Council considered advice offered by SAW 29 
which indicated that the control rule adopted in Amendment 8 was too 
conservative. Model projections presented in the most recent assessment 
demonstrated that the stock could be rebuilt in a relatively short 
period of time, even at fishing mortality rates approaching 
F<INF>MSY</INF>. Based on the SAW 29 projections, the Council chose to 
specify ABC as the yield associated with 90 percent F<INF>MSY</INF> or 
13,000 mt in 2000.
    The most recent survey data for Loligo squid indicate that 
abundance of this species has increased significantly since the most 
recent assessment was conducted (i.e., SAW-29). Estimates of biomass 
based on NMFS' Northeast Fisheries Science Center (NEFSC) fall 1999 and 
spring 2000 survey indices for Loligo indicate that the stock is 
currently at or near Bmsy. In fact, the 1999 fall survey index was the 
sixth highest value observed in the time series since 1967 and the 
second highest since 1987. The 2000 spring survey index for Loligo was 
the tenth highest in the time series since 1968 and the fifth highest 
since 1987. Based on the assumption that the stock will be at or near 
B<INF>MSY</INF> in 2001, the Council recommended that the 2001 quota be 
specified as the yield associated with 75 percent of F<INF>MSY</INF>. 
The yield associated with 75 percent of F<INF>MSY</INF> at 
B<INF>MSY</INF> is 17,000 mt, based on projections in SAW-29. The 
establishment of quarterly allocation periods spreads F out over the 
fishing year and is expected to protect spawners. The current 
regulations still specify Max OY as the yield associated with 
F<INF>MAX</INF>, or 26,000 mt.
    Thus, the proposed Max OY for Loligo is 26,000 mt and the 
recommended ABC for the 2001 fishery is 17,000 mt. NMFS issued a 
notification in the Federal Register on October 10, 2000 (65 FR 60118), 
announcing an inseason action to adjust the 2000 annual specifications 
for Loligo squid, including ABC, IOY, DAH and DAP, from 13,000 mt to 
15,000 mt. Therefore, the 2001 annual specifications represent an 
increase of 2,000 mt from the 2000 ABC of 15,000 mt. This ABC is based 
on the NEFSC fall 1999 and spring 2000 survey indices for Loligo and is 
determined to be a level that would allow the Loligo stock to rebuild 
to levels at or near BMSY within 3 to 5 years.

Distribution of Annual Loligo Quota into Four Quarters

    The Council recommended, and NMFS proposes, an IOY of 17,000 mt for 
Loligo squid, which is equal to ABC. Management advice from SAW-29 made 
special note of the fact that yield from this fishery should be 
distributed throughout the fishing year. Given that the current 
permitted fleet historically has demonstrated the ability to land 
Loligo in excess of the quota specified for 2001, the Council 
recommends, and NMFS proposes, that the annual quota be subdivided into 
quarterly periods. The quota would be allocated to each period based on 
the proportion of landings occurring in each 4-month period from 1994-
1998. The directed fishery would be closed in Quarters I-III when 80 
percent of that period's allocation is harvested, with vessels 
restricted to a 2,500-lb (1,134-kg) Loligo trip limit until the end of 
the respective quarter. Additionally, when 95 percent of the total 
annual DAH has been harvested, the trip limit would be reduced to 2,500 
lb (1,134 kg) of Loligo for the remainder of the year. When the 2,500-
lb (1,134-kg) trip limit has been triggered, vessels will be prohibited 
from possessing or landing more than 2,500 lb in a single calendar day. 
Any quota overages in Quarter I would be deducted from the allocation 
in Quarter III, and any overage in Quarter II would be deducted from 
the allocation in Quarter IV. The quota allocation is shown in Table 2.

                 Table 2. Loligo Quarterly Allocations.
------------------------------------------------------------------------
                                                                  Metric
                        Quarter                         Percent    Tons
------------------------------------------------------------------------
I (Jan-Mar)                                               33.23    5,649
II (Apr-Jun)                                              17.61    2,994
III (Jul-Sep)                                              17.3    2,941
IV (Oct-Dec)                                              31.86    5,416
Total                                                    100.00   17,000
------------------------------------------------------------------------

    In Amendment 5 to the FMP, the Council concluded that U.S. vessels 
have the capacity to, and will harvest the OY on an annual basis, so 
DAH equals OY. The Council also concluded that U.S. fish processors, on 
an annual basis, can process that portion of the OY that will be 
harvested by U.S. commercial fishing vessels, so DAP equals DAH, and 
JVP is zero. Since U.S. fishing vessels have the capacity to harvest, 
and are expected to attempt to harvest, the entire OY, there is no 
portion of the OY that can be made available for foreign fishing, 
making TALFF zero. These determinations were made in Amendment 5 to the 
FMP. The proposed values of IOY, DAH, and DAP are 17,000 mt for the 
2001 Loligo fishery, and represent an increase of 2,000 mt from the 
final 2000 Loligo IOY/DAH/DAP specifications (NMFS issued a 
notification in the Federal Register on October 10, 2000 (65 FR 60118), 
announcing an inseason action to adjust the 2000 annual specifications 
for Loligo squid, including ABC, IOY, DAH and DAP, from 13,000 mt to 
15,000 mt).

Illex

    The approved overfishing definition for Illex states that 
overfishing for Illex occurs when the catch associated with a threshold 
fishing mortality rate of F<INF>MSY</INF> is exceeded. Maximum OY is to 
be specified as the catch associated with a fishing mortality rate of 
F<INF>MSY</INF>. In addition, the biomass target is specified as 
B<INF>MSY</INF>. The minimum biomass threshold is specified as 
<INF>1/2 </INF>B<INF>MSY</INF>.
    The most recent assessment of the Illex stock (SAW-29) concluded 
that the stock is not overfished and that overfishing is not occurring. 
The previous assessment, the 21st Northeast

[[Page 75915]]

Regional Stock Assessment (1996), had concluded that the U.S. Illex 
stock is fully exploited. Due to a lack of adequate data, the estimate 
of yield at F <INF>MSY</INF> was not updated in SAW-29. However, an 
upper bound on annual F was computed for the U.S. Exclusive Economic 
Zone portion of the stock, based on a model that incorporated weekly 
landings and relative fishing effort and mean squid weights during 
1994-1998. These estimates of F were well below the biological 
reference points. Current absolute stock size is unknown and no stock 
projections were done in SAW-29.
    Since data limitations did not allow an update of yield estimates 
at the threshold and target F values, the Council recommended, and NMFS 
proposes, that the specification of Max OY and ABC be specified as 
24,000 mt (the yield associated with F <INF>MSY</INF>). Under this 
option, the directed fishery for Illex would remain open until 95 
percent of the ABC is taken (22,800 mt). Once 95 percent of the ABC is 
estimated to have been taken, the directed fishery would be closed and 
a 5,000-lb (2,268-kg) trip limit would remain in effect for the 
remainder of the fishing year. Similar to Loligo, when a trip limit is 
in effect, vessels are prohibited from possessing or landing more than 
5,000 lb (2,268 kg) in a single calendar day. Amendment 5 to the FMP 
eliminated the possibility of JVP and TALFF for the Illex fishery 
because of the domestic fishing industry's ability to harvest and to 
process the OY from this fishery.

Butterfish

    The FMP set OY for butterfish at 16,000 mt. Based on the most 
current stock assessment, the Council recommends, and NMFS proposes, an 
ABC of 7,200 mt for the 2001 fishery. This represents no change in the 
specifications since 1996. Commercial landings of butterfish have been 
low at 2,798 mt, 1,964 mt, and 2,116 mt for the 1997 through 1999 
fisheries, respectively. Lack of market demand and the difficulty in 
locating schools of market-sized fish have caused severe reductions in 
the supply of butterfish. Discard data from the offshore Illex fishery 
are lacking and high discard rates could be reducing potential yield.
    The Council recommended, and NMFS proposes, an IOY for butterfish 
of 5,900 mt. The IOY is composed of a DAH of 5,897 mt and a bycatch 
TALFF that is equal to 0.08 percent of the allocated Atlantic mackerel 
TALFF. Amendment 5 eliminated the possibility of JVP or TALFF 
specifications for butterfish except for a bycatch TALFF specification 
if TALFF is specified for Atlantic mackerel. Since the Council has 
recommended TALFF for Atlantic mackerel, TALFF for butterfish is 3 mt. 
If the Regional Administrator, with concurrence of the Council, 
determines that it is appropriate to increase the current proposed 
TALFF of 3,000 mt for Atlantic mackerel up to a final 5,000 mt, then 
TALFF for butterfish would be increased from 3 mt to a final value of 4 
mt.

Classification

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Council prepared an IRFA in section 5.0 of the RIR that 
describes the economic impacts this proposed rule, if adopted, would 
have on small entities. A summary of the analysis follows:
    The IRFA describes the action, why it is being considered, and the 
legal basis for it. These are the same as appear at the beginning of 
this preamble and in the SUMMARY section of the preamble and are not 
repeated here.
    The IRFA identifies the number of potential fishing vessels in the 
2001 fisheries as 443 vessels fishing for Loligo, 77 vessels fishing 
for Illex, 443 vessels fishing for butterfish, and 1,980 vessels 
fishing for Atlantic mackerel. Many vessels participate in more than 
one of these fisheries; therefore, the numbers are not additive. The 
proposed ABC specifications of 347,000 mt and DAH of 85,000 mt for 
Atlantic mackerel, the DAH specifications of 24,000 mt for Illex squid, 
and the DAH specifications of 5,900 mt for butterfish, represent no 
constraint on vessels in these fisheries. The proposed specifications 
have not been achieved by landings for these species in recent years. 
Absent a constraint on the fisheries, no impacts on revenues are 
expected.
    If the 2001 DAH specification of 17,000 mt for Loligo squid is not 
exceeded, the result would be a decrease in catch and revenue in the 
Loligo fishery relative to the 1999 landings and an increase from the 
average landings from 1996-1999 (i.e., if the status quo were 
maintained).
    The first alternative action for Atlantic mackerel would be to set 
the 2001 specifications at the same level as 2000. Although it was 
rejected as inconsistent with the FMP because it would not meet the 
policy objectives of the Council relative to further development of the 
US domestic harvest of Atlantic mackerel, this alternative would place 
no constraints, and consequently no revenue impacts, on the fishery. 
The second alternative for mackerel was to set ABC at the long-term 
potential catch (LTPC), or 150,000 mt. This alternative was found 
inconsistent with the FMP because it would not allow for variations and 
contingencies in the status of the stock. For example, the current 
adult stock was recently estimated to exceed 2.1 million mt. The 
specification of ABC at LTPC would effectively result in an 
exploitation rate of only about 6 percent, well below the optimal level 
of exploitation. The level of foregone yield under this alternative was 
considered unacceptable and would not impact the IOY specifications. 
The third alternative considered for mackerel included the elimination 
of JVP, which would lower the specification of IOY to 68,000 mt, also 
far in excess of recent landings. These alternatives would not 
constrain the fishery and were determined to have no impact on revenues 
of participants in this fishery.
    For Loligo, one alternative that was considered was to set the ABC, 
DAH, DAP, and IOY at 13,000 mt. This was the same level as 2000 until 
an inseason adjustment increased the ABC, DAH, DAP, and IOY to 15,000 
mt (65 FR 60118, October 10, 2000). Under the scenario of a 13,000 mt 
DAH; if that value were not exceeded in 2001, 121 of the 443 impacted 
vessels would experience revenue reductions of greater than 5 percent. 
This would represent a 20.5-percent reduction in 1996-1999 average 
landings of 16,348 mt. The remaining 322 vessels would experience less 
than 5-percent reduction in revenue or an increase in revenue. A second 
alternative would set ABC, DAH, DAP, and IOY at 11,700 mt. This would 
represent a 28.4-percent reduction in 1996-1999 average landings. Under 
this scenario, 161 of the 443 impacted vessels would experience revenue 
reductions of greater than 5-percent. The remaining 282 vessels would 
experience less than a 5-percent reduction in revenue, or an increase 
in revenue.
    For Illex, the first alternative that sets Max OY, ABC, IOY, DAH, 
and DAP of 30,000 mt and the second alternative that sets Max OY at 
24,000 mt and ABC, IOY, DAH, and DAP at 19,000 mt far exceed recent 
landings in this fishery. Therefore, there would be no constraints, 
and, thus, no revenue reductions, associated with these specifications.
    For butterfish, the Council considered a DAH, OY, and Max OY of 
16,000 mt and a DAH and OY of 10,000 mt. These specifications would not 
constrain or impact the industry; however, they would lead to 
overfishing of the stock, and, thus, were rejected by the Council.
    This rule does not duplicate, overlap, or conflict with other 
Federal rules.

[[Page 75916]]

 There are no recordkeeping or reporting requirements associated with 
this rule.
    A copy of the IRFA is available from the Council (see ADDRESSES).
    The President has directed Federal agencies to use plain language 
in their communications with the public, including regulations. To 
comply with this directive, we seek public comment on any ambiguity or 
unnecessary complexity arising from the language used in this proposed 
rule. Such comments should be sent to Patricia A. Kurkul, the Regional 
Administrator (see ADDRESSES).

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: November 28, 2000.
William T. Hogarth,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

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

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

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

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


Sec.  648.21  Procedures for determining initial annual amounts.

* * * * *
    (e) Distribution of annual Loligo squid commercial quota. (1) 
Beginning January 1, 2001, a commercial quota will be allocated 
annually for Loligo squid into quarterly periods, based on the 
following percentages:

                            Commercial Quota
------------------------------------------------------------------------
                            Quarter                              Percent
------------------------------------------------------------------------
I January-March                                                    33.23
 II April-June                                                     17.61
III July-September                                                 17.30
IV October-December                                                31.86
------------------------------------------------------------------------

    (2) Beginning January 1, 2001, any overages of commercial quota 
landed from Quarter I will be subtracted from Quarter III and any 
overages of commercial quota landed from Quarter II will be subtracted 
from Quarter IV.
* * * * *

    3. In Sec.  648.22, paragraph (a) is revised to read as follows:


Sec.  648.22  Closure of the fishery.

    (a) General. NMFS shall close the directed mackerel fishery in the 
EEZ when U.S. fishermen have harvested 80 percent of the DAH of that 
fishery if such closure is necessary to prevent the DAH from being 
exceeded. The closure shall remain in effect for the remainder of the 
fishing year, with incidental catches allowed as specified in paragraph 
(c) of this section, until the entire DAH is attained. When the 
Regional Administrator projects that DAH will be attained for mackerel, 
NMFS will close the mackerel fishery in the EEZ, and the incidental 
catches specified for mackerel in paragraph (c) of this section will be 
prohibited. NMFS will close the directed fishery in the EEZ for Loligo 
when 80 percent is harvested in Quarters I, II and III, and when 95 
percent of the total annual DAH has been harvested. The closure of the 
directed fishery will be in effect for the remainder of the fishing 
year, with incidental catches allowed as specified in paragraph (c) of 
this section. NMFS will close the directed fishery in the EEZ for Illex 
or butterfish when 95 percent of the DAH has been harvested. The 
closure of the directed fishery will be in effect for the remainder of 
the fishing year, with incidental catches allowed as specified in 
paragraph (c) of this section.
* * * * *
[FR Doc. 00-30819 Filed 12-4-00; 8:45 am]
BILLING CODE: 3510-22-S


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