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

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: December 5, 2000 (Volume 65, Number 234)]
[Proposed Rules]
[Page 75912-75916]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05de00-26]

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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 paul.h.jones@noaa.gov.

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 (BMSY)), and the target F decreases
linearly from 0.25 at 890,000 mt SSB to zero at 450,000 mt SSB
(1/2 BMSY). 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 (FMAX) is exceeded (FMAX is a proxy
for FMSY). When an estimate of FMSY becomes available, it
will replace the current overfishing proxy FMAX. Max OY is
specified as the catch associated with a FMAX. In addition,
the biomass target is specified as BMSY.
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 BMSY. The control rule in
the FMP specifies that the target F must be reduced to zero if biomass
falls below 50 percent of BMSY. The target F increases
linearly to 75 percent of FMSY as biomass increases to
BMSY. 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 FMSY. The yield associated with this fishing
mortality rate (75 percent of FMSY) 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
FMAX, 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
FMSY. Based on the SAW 29 projections, the Council chose to
specify ABC as the yield associated with 90 percent FMSY 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
BMSY in 2001, the Council recommended that the 2001 quota be
specified as the yield associated with 75 percent of FMSY.
The yield associated with 75 percent of FMSY at
BMSY 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
FMAX, 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 FMSY is exceeded. Maximum OY is to
be specified as the catch associated with a fishing mortality rate of
FMSY. In addition, the biomass target is specified as
BMSY. The minimum biomass threshold is specified as
1/2 BMSY.
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 MSY 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 MSY). 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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