Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Specifications and Management Measures

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

[Federal Register: December 5, 2006 (Volume 71, Number 233)]
[Proposed Rules]
[Page 70493-70500]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05de06-16]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 061124307-6307-01; I.D. 112106A]
RIN 0648-AT65

Fisheries of the Northeastern United States; Atlantic Mackerel,
Squid, and Butterfish Fisheries; Specifications and Management Measures

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule, request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS proposes 2007 specifications and management measures for
Atlantic mackerel, squid, and butterfish (MSB). This action also
proposes to modify existing management measures to improve the
monitoring and management of the squid fisheries. Specifically,
trimester quota allocations for the Loligo squid fishery and an
increased Loligo squid incidental catch limit for Illex squid
moratorium vessels are proposed for 2007. This action also requests
public comment concerning the possibility of an inseason adjustment to
increase the mackerel harvest, if landings approach proposed harvest
limits. Lastly, this action would clarify, update, and correct existing
regulatory language that is misleading or incorrect. These proposed
specifications and management measures promote the utilization and
conservation of the MSB resource.

DATES: Public comments must be received no later than 5 p.m., eastern
standard time, on January 4, 2007.

ADDRESSES: Copies of supporting documents used by the Mid-Atlantic
Fishery Management Council (Council), including the Environmental
Assessment (EA) 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. The EA/
RIR/IRFA is accessible via the Internet at http://www.nero.nmfs.gov.

Written comments on the proposed rule may be sent by any of the
following methods:
? E-mail to the following address: 2007MSBSpex@noaa.gov.
Include in the subject line of the e-mail comment the following
document identifier: ``Comments on 2007 MSB Specifications'';
? Electronically through the Federal e-Rulemaking portal:
http://www.regulations.gov;
? Mail to Patricia A. Kurkul, Regional Administrator, NMFS,
Northeast Regional Office, One Blackburn Drive, Gloucester, MA 01930.
Mark the outside of the envelope ``Comments on 2007 MSB
Specifications''; or
? Fax to Patricia A. Kurkul, (978) 281-9135.

FOR FURTHER INFORMATION CONTACT: Carrie Nordeen, Fishery Policy
Analyst, 978- 281-9272, fax 978-281-9135.

SUPPLEMENTARY INFORMATION:

Background

Regulations implementing the Fishery Management Plan for the
Atlantic Mackerel, Squid, and Butterfish Fisheries (FMP) appear at 50
CFR part 648, subpart B. Regulations governing foreign fishing appear
at 50 CFR part 600, subpart F. These regulations, at Sec. Sec. 648.21
and 600.516(c), 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 amounts of the initial optimum
yield (IOY), allowable biological catch (ABC), domestic annual harvest
(DAH), and domestic annual processing (DAP), as well as, where
applicable, the amounts for total allowable level of foreign fishing
(TALFF) and joint venture processing

[[Page 70494]]

(JVP) for the affected species managed under the FMP. In addition,
these regulations allow Loligo squid specifications to be specified for
up to 3 years, subject to annual review. The regulations found in Sec.
648.21 also specify that IOY for squid is equal to the combination of
research quota (RQ) and DAH, with no TALFF specified for squid. For
butterfish, the regulations specify that a butterfish bycatch TALFF
will be specified only if TALFF is specified for Atlantic mackerel.
For 2007, the Council recommended the consideration of RQ of up to
3 percent of the IOY for Loligo and Illex squid. The RQ would fund
research and data collection for those species. A Request for Research
Proposals was published to solicit proposals for 2007 based on research
priorities previously identified by the Council (70 FR 76253, December
23, 2005). The deadline for submission was February 21, 2006. On May 2,
2006, NMFS convened a Review Panel to review the comments submitted by
technical reviewers. Based on discussions between NMFS staff, technical
review comments, and Review Panel comments, two project proposals
requesting Loligo squid set-aside landings were recommended for
approval and will be forwarded to the NOAA Grants Office for award, for
a total RQ of up to 510 mt. The commercial Loligo squid quota in this
proposed rule has been adjusted to allow for RQ. If the award is not
made by the NOAA Grants Office for any reason, NMFS will give notice of
an adjustment to the annual quota to return the unawarded set-aside
amount to the fishery.
At its June 20-22, 2006, meeting in Wilmington, DE, the Council
recommended 2007 MSB specifications. The recommended specifications for
Loligo squid, Illex squid, and butterfish are the same as those
implemented in 2006. For mackerel, the Council recommended a reduced
ABC, based on re-estimated biological reference points from the most
recent stock assessment and increasing Canadian catch. The IOY, DAH,
DAP, JVP, and TALFF are the same as those implemented in 2006. To
improve monitoring and management of the squid fisheries, the Council
also recommended modifying existing management measures. In brief, it
recommended that the 2007 commercial Loligo squid quota be divided into
trimesters, rather than into quarters as it has been since 2001, and
that the Loligo squid incidental catch limit for Illex squid moratorium
vessels fishing seaward of the Loligo squid exemption line
(approximately the 50-fm (91-m) depth contour) during an August closure
of the Loligo squid fishery would increase from 2,500 lb (1.13 mt) up
to 10,000 lb (4.54 mt). The Council delayed recommending trimester
quota allocations until its August 2006 meeting, when additional
information on the seasonality of historic Loligo squid landings was
presented by the Council staff. The Council also discussed the
possibility of an inseason adjustment to the mackerel harvest, if
landings approach the proposed IOY. Finally, the Council recommended
that up to 3 percent of the ABC, IOY, DAH, and DAP for Loligo and Illex
squid be set aside for scientific research in 2007.
At its August 1-3, 2006, meeting in Philadelphia, PA, the Council
recommended trimester quota allocations for the Loligo squid fishery
and clarified the Loligo squid incidental catch limit for Illex squid
vessels. The Council recommended the following Loligo squid trimester
allocations: Trimester I (January-April), with 43 percent of the quota;
Trimester II (May-August), with 17 percent of the quota; and Trimester
III (September-December), with 40 percent of the quota. Because the
increased Loligo squid limit for Illex squid vessels, during an August
closure of the directed Loligo squid fishery, is intended to be an
incidental catch limit, the Council also recommended that the increased
limit would only be available to Illex squid vessels that had a minimum
of 10,000 lb (4.54 mt) of Illex squid on board.

Issue of Concern; Incidental Loligo Squid Possession Limit for the
Illex Squid Vessels

The issue of incidental catch of Loligo squid in the Illex squid
fishery was identified several years ago when large amounts of Loligo
squid discards were reported in vessel trip reports by Illex squid
vessels during closures of the directed Loligo squid fishery in the
summer and fall of 2000. Analyses developed for Amendment 9 to the FMP
indicated that the Illex squid fishery occurs primarily during June-
November in offshore waters and that both squid species can co-occur
during September-November on the Illex squid fishery grounds when the
Loligo squid begin to move offshore. Because of the seasonal co-
occurrence of the two squid species, members of the directed Illex
squid fishery testified at Council meetings that the 2,500-lb (1.13-mt)
incidental Loligo squid possession limit during closures of the Loligo
squid fishery creates compliance problems for the Illex squid fishery
because vessels catch more than 2,500 lb (1.13 mt) of Loligo squid when
the species mix. In an effort to reduce regulatory discarding and allow
more accurate quantification of the removals of Loligo squid taken in
the directed Illex squid fishery, the Council recommends increasing the
incidental Loligo squid possession limit for vessels engaged in the
directed Illex squid fishery during Loligo squid fishery closures.
Specifically, for 2007 only, during August closures of the Loligo squid
fishery, Illex squid moratorium vessels fishing seaward of the small
mesh exemption line (approximately the 50-fm (91-m) depth contour)
would be permitted to possess and land up to 10,000 lb (4.54 mt) of
Loligo squid, provided they possess a minimum of 10,000 lb (4.54 mt) of
Illex squid on board. This measure is recommend for 1 year only, and
the Council intends to re-assess it next year.
The purpose of this proposed measure is to allow Loligo squid that
would otherwise become regulatory discards to be landed. The Council
recommended an increase in the incidental Loligo squid trip limit from
2,500 lb (1.13 mt) to 10,000 lb (4.54 mt) because analyses prepared for
Amendment 9 suggest a 10,000-lb (4.54-mt) limit would account for 92
percent of observed Illex squid trips during which Loligo squid were
discarded. While Loligo and Illex squid primarily co-occur during
September-November, the Council specified the increased incidental
Loligo squid trip limit for August because, under the trimester
allocations, the directed Loligo squid fishery is more likely to be
closed in August than during September-November. Additionally, the
Council recommends allowing this increased limit only for vessels
fishing seaward of the 50-fm (91-m) line that defines the current small
mesh exemption area for the Illex squid fishery.
Despite the Council's efforts to address regulatory discards of
Loligo squid in the Illex squid fishery, NMFS is concerned about the
enforceability of the measure. The small mesh exemption line, which
approximates the 50-fm (91-m) depth contour, was implemented for the
Illex squid fishery because Illex squid are not generally available to
the fishery shoreward of this line. The Illex squid fishery is exempt
from the 1-7/8 inch (48-mm) minimum mesh requirement for the Loligo
squid fishery in the exemption area. However, Loligo squid are widely
distributed shoreward of this line. The Council recommended no
mechanisms to assure that NMFS could determine if vessels issued Illex
squid permits fish for Loligo squid shoreward of the small mesh
exemption line (e.g., Vessel Monitoring Systems or trip

[[Page 70495]]

declarations). In addition, analyses presented in the development of
Amendment 9 suggest that increasing the incidental trip limit to 10,000
lb (4.54 mt) could encourage the targeting of Loligo squid, because
Loligo squid are more valuable than Illex squid.
In a letter dated June 13, 2006, NMFS urged the Council to
carefully consider implementation aspects associated with this measure,
such as monitoring and enforcement. NMFS is including the measure in
this proposed rule, but continues to have serious concerns about the
proposal. NMFS will review public comment and make a final
determination about the proposed measure in the final specifications.

2007 Proposed Specifications and Management Measures

Table 1. Proposed Specifications, in Metric Tons (mt), for Atlantic Mackerel, Squid, and Butterfish for 2007
Fishing Year.
----------------------------------------------------------------------------------------------------------------
Specifications Loligo Illex Mackerel Butterfish
----------------------------------------------------------------------------------------------------------------
Max OY 26,000 24,000 N/A 12,175
ABC 17,000 24,000 186,000 4,545
IOY 16,490\1\ 24,000 115,000\2\ 1,681
DAH 16,490 24,000 115,000\3\ 1,681
DAP 16,490 24,000 100,000 1,681
JVP 0 0 0 0
TALFF 0 0 0 0
----------------------------------------------------------------------------------------------------------------
\1\ Excludes 510 mt for Research Quota (RQ)
\2\ IOY may be increased during the year, but the total ABC will not exceed 186,000 mt.
\3\ Includes 15,000 mt of Atlantic mackerel recreational allocation.

Atlantic Mackerel

The status of the Atlantic mackerel stock was most recently
assessed at the 42nd Stock Assessment Review Committee (SARC) in late
2005. SARC 42 reconsidered the biological reference points (BRP) for
Atlantic mackerel specified in Amendment 8 to the FMP and provided new
estimates for these reference points, including the fishing mortality
rate (F) that produces maximum sustainable yield (MSY), or
F_msy, the spawning stock biomass that produces MSY
(SSB_msy), and the target F to be used in establishing the
annual quota. These reference points were re-estimated to be F_msy
= 0.16 (previously 0.45), SSB_msy = 644,000 mt (previously
890,000 mt), and F_target = 0.12 (previously 0.25). F for
Atlantic mackerel in 2004 was estimated to be 0.05, and spawning stock
biomass was estimated at 2.3 million mt.
Overfishing for Atlantic mackerel is defined by the FMP to occur
when the catch associated with F_MSY is exceeded. SARC 42
concluded that the Atlantic mackerel stock is not overfished and
overfishing is not occurring. When SSB is greater than
SSB_msy, the target F is 0.12. To avoid low levels of
recruitment, the FMP contains a control rule whereby the threshold F
decreases linearly from F_msy at SSB_msy to zero at
161,000 mt SSB (1/4 of SSB_msy), and the target F decreases
linearly from F_target at SSB_msy to zero at 1/2
SSB_msy. Annual quotas are to be specified that correspond to
the target F resulting from this control rule.
Based on the most recent stock assessment, the Atlantic mackerel
SSB is currently above 644,000 mt, so the target F for 2007 is 0.12.
According to the FMP, mackerel ABC must be calculated using the formula
ABC = T - C, where C is the estimated catch of mackerel in Canadian
waters for the upcoming fishing year and T is the yield associated with
a fishing mortality rate that is equal to the target F. The yield
associated with the target F=0.12 is 238,000 mt. Canadian catch of
mackerel has been increasing in recent years; therefore, the estimate
of Canadian catch for 2007 has been increased from the 2006 estimate of
34,000 mt to 52,000 mt. Thus, 238,000 mt minus 52,000 mt results in a
proposed 2007 mackerel ABC of 186,000 mt.
The Council recommended, and NMFS is proposing, an IOY of 115,000
mt. The Council believes that this level of harvest would provide the
greatest overall benefit to the Nation with respect to food production
and recreational opportunities, and would allow for an increase in
domestic landings. In recent years, domestic mackerel landings have
been increasing due to major investments in the domestic mackerel
processing sector. Mackerel landings in 2003 totaled 34,298 mt, while
preliminary landings for 2006 total 58,857 mt. The 115,000 mt IOY is
consistent with mackerel regulations at Sec. 648.21(b)(2)(ii), which
state that IOY is a modification of ABC, based on social and economic
factors, and must be less than or equal to ABC.
The Council expressed its concern, supported by industry testimony,
that an allocation of TALFF would threaten the expansion of the
domestic industry. The Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) provides that the specification
of TALFF, if any, shall be that portion of the optimum yield (OY) of a
fishery that will not be harvested by vessels of the United States.
TALFF catches would allow foreign vessels to harvest U.S. fish and sell
their product on the world market, in direct competition with the U.S.
industry efforts to expand exports. The Council noted that this would
prevent the U.S. industry from taking advantage of declines in the
European production of Atlantic mackerel that have resulted in an
increase in world demand for U.S. fish. The only economic benefit
associated with a TALFF is the foreign fishing fees it generates. On
the other hand, there are economic benefits associated with the
development of the domestic mackerel fishery. Increased mackerel
production generates jobs both for plant workers and other support
industries. More jobs generate additional sources of income for people
resident in coastal communities and generally enhance the social fabric
of these communities.
For these reasons, the Council concluded, and NMFS proposes, to
specify IOY at a level that can be fully harvested by the domestic
fleet, thereby precluding the specification of a TALFF, in order to
assist the U.S. mackerel industry to expand. This will yield positive
social and economic benefits to both U.S. harvesters and processors.
Given the trends in landings, and the industry's testimony that the
fishery is poised for significant growth, NMFS concurs that it is
reasonable to assume that, in 2007, the commercial fishery will harvest
100,000 mt of mackerel. Thus DAH would be 115,000 mt, which is the
commercial harvest plus the 15,000 mt allocated for the recreational
fishery. Because IOY = DAH, this

[[Page 70496]]

specification is consistent with the Council's recommendation that the
level of IOY should not provide for a TALFF.
NMFS also concurs with the Council's recommendation to maintain JVP
at zero (the most recent allocation was 5,000 mt of JVP in 2004). In
previous years, the Council recommended a JVP greater than zero because
it believed U.S. processors lacked the capability to process the total
amount of mackerel that U.S. harvesters could land. However, for the
past 2 years, the Council has recommended zero JVP because the surplus
between DAH and DAP has been declining as U.S. shoreside processing
capacity for mackerel has expanded. The Council received testimony from
processors and harvesters that the shoreside processing sector of this
industry has continued to expand since 2002-2003. Subsequent industry
testimony estimated current processing capacity at 2,500 mt per day. In
addition, industry members anticipate that an at-sea processing vessel
will enter the mackerel fishery in 2007. The Council also heard from
the industry that the availability of mackerel to the fishery, rather
than processing capacity, has curtailed catch in recent years. Based on
this information, the Council concluded that processing capacity is no
longer a limiting factor relative to domestic production of mackerel.
Furthermore, the Council concluded that the U.S. mackerel processing
sector has the potential to process the DAH, so JVP would be specified
at zero.
Inseason Adjustment of the Mackerel IOY
Regulations at Sec. 648.21(e) specify that specifications may be
adjusted inseason during the fishing year by the Regional
Administrator, in consultation with the Council, by publishing a notice
in the Federal Register and providing a 30-day public comment period.
At the June 2006 Council meeting, in response to recent growth in the
domestic harvesting and processing sectors of the mackerel fishery,
both the mackerel industry and the Council voiced interest in
increasing the 2007 mackerel IOY if landings approach 115,000 mt during
the most active part of the fishing year (January-April). However, the
mackerel fishing season is short. To facilitate a timely inseason
adjustment to the mackerel IOY, if necessary, this action is proposing
and seeking comment on such an inseason adjustment. In 2007, NMFS's
Northeast Fishery Statistic Office (FSO) will summarize mackerel landings
from dealer reports on a weekly basis and post this information on the
Northeast Regional Office website (http://www.nero.noaa.gov/).
NMFS staff will closely monitor these landings and
industry trends to determine if an inseason adjustment is necessary. If
using landings projections and all other available information, the
Regional Administrator determines that 70 percent of the Atlantic
mackerel IOY will be landed during the 2007 fishing year, to ensure
continued fishing opportunities during the 2007 fishing year, the
Regional Administrator will make available additional quota for a total
IOY of 186,000 mt of Atlantic mackerel for harvest during 2007.
Additionally, if an inseason adjustment of the IOY is warranted, the
Regional Administrator will notify the Council and the inseason
adjustment will be published in the Federal Register.

Atlantic Squids

Loligo squid
While the annual quota and other measures for Loligo squid can be
specified for up to 3 years, the Council chose to recommend Loligo
specifications and management measures for 1 year only. After a review
of available information, the Council recommended no change to the
Loligo squid Max OY and ABC from 2006; NMFS concurs with this
recommendation. Therefore, the proposed 2007 Loligo squid Max OY is
26,000 mt and the proposed ABC is 17,000 mt. The Council recommended
that the Loligo squid RQ for 2007 be up to 3 percent (510 mt) of the
ABC. Two scientific research project proposals requesting Loligo squid
RQ were recommended for approval and will be forwarded to the NOAA
Grants Office for award. The proposed Loligo squid IOY, DAH, and DAP
were adjusted to reflect the RQ and equal 16,490 mt. The FMP does not
authorize the specification of JVP and TALFF for the Loligo squid
fishery, because of the domestic industry's capacity to harvest and
process the OY for this fishery; therefore, JVP and TALFF are zero.
Distribution of the Loligo Squid DAH
Prior to 2000, the DAH for Loligo was specified as an annual quota.
In 2000, the quota was subdivided into three trimester allocations.
Since 2001, the annual DAH for Loligo squid has been allocated into
four quarter allocations, as follows: Quarter I (January-March) with
33.23 percent of the quota, Quarter II (April-June) with 17.61 percent
of the quota, Quarter III (July-September) with 17.30 percent of the
quota, and Quarter IV (October-December) with 31.86 percent of the
quota. In an effort to improve the monitoring and management of the
Loligo squid fishery, the Council recommended, and NMFS proposes, that
the 2007 DAH be allocated into trimesters. Managing the DAH by
trimesters, rather than quarters, results in allocations that are the
same or higher than the quarterly allocations. Higher allocations may
increase the length of time the fishery is open and allow closure
projections to be based on more information and, perhaps, to be more
accurate. Additionally, managing by trimesters rather than quarters is
administratively streamlined because only three, rather than four,
closures of the directed fishery could occur during a fishing year. For
these reasons, this action proposes that the 2007 Loligo squid DAH be
allocated into trimesters.
Previously, the allocation of Loligo squid DAH into quarters (2001-
2006) and trimesters (2000) was based on landings data for the period
of 1994-1998. Trimester allocations for 2007 were based on the same
data as the 2000 Loligo squid trimester allocation (1994-1998), but the
landings data had been updated since 2000 to remove any landings of
squid categorized as ``unclassified.'' The proposed 2007 trimester
allocations would be as follows:

Table 2. Proposed Trimester Allocation of Loligo Squid Quota in 2007
------------------------------------------------------------------------
Trimester Percent Metric Tons\1\ RQ (mt)
------------------------------------------------------------------------
I (Jan-Apr) 43.0 7,090.7 NA
II (May-Aug) 17.0 2,803.3 NA
III (Sep-Dec) 40.0 6,596.0 NA
Total 100 16,490 510
------------------------------------------------------------------------
\1\ Trimester allocations after 510 mt RQ deduction.

[[Page 70497]]

For 2007, the Council recommended that the percentage at which the
directed Loligo squid fishery would close and the handling of quota
overages and underages would be the same as in 2000. Therefore, this
action proposes the regulatory language that was in effect in 2000,
such that the directed Loligo squid fishery would close when 90 percent
of the DAH is harvested in Trimesters I and II, and when 95 percent of
the DAH is harvested in Trimester III, as was done in 2000.
Additionally, it proposes that any underages from Trimesters I and II
would be applied to Trimester III, and any overages from Trimesters I
and II would be subtracted from Trimester III. This language is
consistent with the Council motion, but the measure is incorrectly
described in the EA for this action, which states that underages from
Trimesters I and II would be applied to the next trimester. The Council
is encouraged to comment on this inconsistency during the comment period.
During the Council discussion about trimester allocations, some
members of the Loligo squid industry expressed concern about quota
availability during summer months, especially July. Under the 2006
quarterly quota allocation, Quarter III started on July 1. As a result,
the directed fishery during the month of July was important to the
Loligo squid industry, because a new allocation of Loligo squid became
available on July 1. Under the proposed trimesters, the Trimester II
allocation of 17 percent would be available to the directed fishery
from May-August, or until the allocation is harvested. Some industry
representatives believe that Trimester II's allocation will likely be
harvested before July 1. If that were to occur, the directed fishery
would close and there would be no directed Loligo squid fishery during
the month of July. In an effort to ensure that some of the Trimester II
quota is available to the directed fishery during the month of July,
the Council recommended a measure to suspend the availability of a
portion of the quota until July 1. Specifically, the Council proposed
that if 45 percent of Trimester II's quota was projected to be landed
prior to July 1, then the Regional Administrator would close the
directed fishery until July 1, and the fishery would operate under
incidental trip limits. On July 1, the remaining Trimester II quota
would once again be available to the directed fishery until 90 percent
of the quota is projected to be landed. If 45 percent of the Trimester
II quota was not projected to be landed prior to July 1, then the
directed fishery would close when 90 percent of the quota was projected
to be landed.
When the Council discussed this proposed measure, NMFS informed the
Council that a closure of the directed Loligo squid fishery when
Trimester II landings are at 45 percent (i.e., approximately 1,300 mt)
could not be effectively administered because of the small size of the
quota and the sizable landings that can be made per trip. NMFS
representatives explained that it is not possible to monitor landings
in near real-time and accurately project closure dates in this type of
high-volume fishery. NMFS, therefore, is not proposing this measure,
because the proposed quota for Trimester II is small, and the fishing
activity is likely to be intense during Trimester II, and there is
little likelihood that such small quotas could be effectively monitored
in a time frame to prevent significant underages or overages. This
proposed measure is also inconsistent with the intent of the trimester
approach to quota monitoring.
Landing Frequency of Incidental Loligo Squid Possession Limit
The Council clarified the landing requirements for vessels issued
an open access permit which is subject to a 2,500-lb (1.13 mt)
incidental catch Loligo squid possession limit specified at Sec.
648.22(c). The Council voted to clarify permanently that this permit
authorizes the landing of an incidental Loligo squid possession limit
once per calendar day. In previous years, because vessels were landing
multiple possession limits per day during closures of the directed
fishery, the Council recommended, and NMFS implemented, regulatory
language clarifying that only one landing per day was allowed during
closures of the directed Loligo squid fishery (66 FR 13024, March 2,
2001). At its June 2006 meeting, the Council discussed the fact that
vessels issued incidental catch permits were making multiple landings
per day when the directed Loligo squid fishery was open. The Council
recommended, and NMFS proposes, to clarify that vessels subject to the
incidental Loligo squid possession limits may only land once per
calendar day, whether the directed Loligo squid fishery is open or closed.
Illex squid
The Council recommended, and NMFS proposes, to maintain the Illex
squid specifications in 2007 at the same levels as they were for the
2006 fishing year. Specifically, this action proposes that the
specification of Max OY, IOY, ABC, and DAH would be 24,000 mt. The
overfishing definition for Illex squid states that overfishing for
Illex squid occurs when the catch associated with a threshold fishing
mortality rate of F_MSY is exceeded. Max OY is specified as
the catch associated with a fishing mortality rate of F_MSY,
while DAH is specified as the level of harvest that corresponds to a
target fishing mortality rate of 75 percent F_MSY. The
biomass target is specified as B_MSY. The minimum biomass
threshold is specified as 1/2 B_MSY. The FMP does not
authorize the specification of JVP and TALFF for the Illex squid
fishery because of the domestic fishing industry's capacity to harvest
and to process the OY from this fishery.

Butterfish

The Council recommended, and NMFS proposes, to maintain the
butterfish specifications in 2007 at the same levels as they were for
the 2006 fishing year. Therefore, the proposed specifications would set
the IOY, DAH, and DAP at 1,681 mt to achieve the target fishing
mortality rate (75 percent of FMSY) specified in the FMP based on the
most recent stock assessment for the species (SARC 38) and would set
ABC at 4,545 mt. Allowable butterfish landings equals ABC less
estimated discards, which are roughly twice landings. Assuming that
biomass in 2007 will be similar to biomass during 2000-2002 and that
the discard-to-landing ratio remains constant, then landings associated
with the target F would be 1,681 mt. Consistent with MSB regulations,
the Council recommended, and NMFS is proposing, zero TALFF for
butterfish in 2007 because zero TALFF is proposed for mackerel.
NMFS notified the Council in February 2005 that the butterfish
stock is overfished. The rebuilding plan for butterfish is being
developed in Amendment 10 to the FMP.

Modifications to Existing Regulatory Language

NMFS proposes in this action to permanently update, clarify, and
correct existing regulatory language that is misleading or incorrect.
As discussed previously, biological reference points for mackerel were
re-estimated in the most recent stock assessment and the updated
reference points were used to calculate the mackerel ABC proposed for
2007. It is appropriate to use the most recent information when
developing annual specifications. To clarify this issue, this action
proposes that regulatory language describing the procedure for
calculating mackerel ABC (at Sec. 648.21(b)(2)) would describe the
reference points and formula, but would

[[Page 70498]]

not include any values. This makes it clearer that the values from the
most recent stock assessment are to be used to calculate mackerel ABC.
In Sec. 648.21, there are two references to the guidelines used to
determine annual initial amounts of harvest. The references cite
paragraph (a), but the guidelines are actually located at paragraph (b)
of that section. This action proposes to correct those citations.
As discussed previously, the Council explicitly requested action to
clarify that the landing frequency for vessels subject to the
incidental Loligo squid possession limit is once per calendar day. This
applies to vessels during closures of the directed Loligo squid fishery
that participate in the directed fishery and to vessels issued Loligo
squid incidental catch permits at all times. The regulations at Sec.
648.22(c) specify the incidental possession limits for Loligo squid,
Illex squid, and butterfish. While the Council did not explicitly
recommend clarifying the landing frequency for Illex squid or
butterfish, this action proposes to make the same clarification for
those species.
The regulations defining how to obtain incidental catch permits for
Loligo squid, Illex squid, and butterfish are located at Sec.
648.4(a)(5). However, regulations at Sec. 648.21(c)(3) only reference
Loligo squid and butterfish when describing incidental catch permits.
Therefore, this action proposes to list Illex squid along with Loligo
squid and butterfish at Sec. 648.21(c)(3).
Beginning in 2007, the NEFSC Director, rather than the Regional
Administrator, will provide final approval for research projects
requesting RQ. Therefore, this action proposes that regulations at
Sec. 648.21(g) be updated to reflect that change.
Lastly, this action proposes to clarify the reporting requirements
for at-sea processors. Regulations at Sec. 648.7(f)(3) describe
reporting requirements for at-sea purchases and processors. To clarify
that at-sea processors in the Exclusive Economic Zone (EEZ) are bound
by the same reporting requirements as shore-based processors, this
action proposes removing language suggesting that these reporting
requirements only apply if the product is landed in a port in the
United States.

Classification

This action is authorized by 50 CFR part 648 and has been
determined to be not significant for purposes of Executive Order 12866
(E.O. 12866).
The Council prepared an initial regulatory flexibility analysis
(IRFA), as required by section 603 of the Regulatory Flexibility Act
(RFA). The IRFA describes the economic impact this proposed rule, if
adopted, would have on small entities. A copy of the IRFA can be
obtained from the Council or NMFS (see ADDRESSES) or via the Internet
at http://www.nero.noaa.gov. A summary of the analysis follows:

Statement of Objective and Need

This action proposes 2007 specifications and management measures
for Atlantic mackerel, squid, and butterfish, and modification of
existing management measures to improve the monitoring and management
of these fisheries. A complete description of the reasons why this
action is being considered, and the objectives of and legal basis for
this action, is contained in the preamble to this proposed rule and is
not repeated here.

Description and Estimate of Number of Small Entities to Which the Rule
Will Apply

Based on permit data, the number of potential fishing vessels in
the 2007 fisheries are as follows: 383 for Loligo squid/butterfish, 77
for Illex squid, 2,528 for mackerel, and 2,016 vessels with incidental
catch permits for squid/butterfish. There are no large entities
participating in this fishery, as defined in section 601 of the RFA.
Therefore, there are no disproportionate economic impacts on small
entities. Many vessels participate in more than one of these fisheries;
therefore, the numbers are not additive.

Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements

This action does not contain any new collection-of-information,
reporting, recordkeeping, or other compliance requirements. It does not
duplicate, overlap, or conflict with any other Federal rules.

Minimizing Significant Economic Impacts on Small Entities

Proposed Actions
The mackerel IOY proposed in this action (115,000 mt, with 15,000
mt allocated to recreational catch) represents no constraint on vessels
in this fishery. This level of landings has not been achieved by
vessels in this fishery in recent years. Mackerel landings for 2001-
2003 averaged 24,294 mt. Landings in 2004 were 54,296 mt, landings in
2005 were 43,244 mt, and preliminary landings for 2006 were 68,298 mt.
Additionally, this action proposes an inseason adjustment, if landings
approach the IOY early in the fishing year, to increase the IOY up to
the ABC (186,000 mt). Therefore, no reductions in revenues for the
mackerel fishery are expected as a result of this proposed action, in
fact, an increase in revenues as a result of the proposed action is
possible. Based on preliminary 2006 data, the mackerel fishery could
increase its landings by 46,702 mt in 2007, if it takes the entire IOY.
In 2005, the last year with complete financial data, the average value
for mackerel was $261 per mt. Using this value, the mackerel fishery
could see an increase in revenues of $12,189,222 as a result of the
proposed 2007 IOY (115,000 mt) and an additional increase in revenues
of $18,531,000 as a result of the proposed adjustment to increase the
IOY up to the ABC (186,000 mt) .
The Loligo squid IOY (17,000 mt) proposed in this action represents
status quo as compared to 2006. Loligo squid landings for 2001-2003
averaged 14,092 mt. Landings in 2004 were 13,322 and landings in 2005
were 16,765 mt. In 2005, the last year with complete financial data,
the average value for Loligo squid was $1,703 per mt. Implementation of
this proposed action would not result in a reduction in revenue or a
constraint on restraint on the fishery in 2007.
The Illex squid IOY (24,000 mt) proposed in this action represents
status quo as compared to 2006. Illex squid landings for 2001-2003
averaged 4,350 mt. Landings in 2004 were 25,059, and landings in 2005
were 11,719 mt. In 2005, the last year with complete financial data,
the average value for Illex squid was $715 per mt. Implementation of
this proposed action would not result in a reduction in revenue or a
constraint on restraint on the fishery in 2007.
The butterfish IOY (1,681 mt) proposed in this action represents no
constraint to vessels relative to the landings in recent years. During
the period 2001-2004, butterfish landings averaged 1,535 mt. Compared
to the most recent 2 years for which complete information is available,
2004 and 2005, when landings were 422 mt and 393 mt, respectively, the
proposed action is not expected to reduce revenues in this fishery, but
may increase those revenues. Based on 2005 data, the value of
butterfish was $1,803 per mt.

Alternatives to the Proposed Rule

The Council analysis evaluated three alternatives for mackerel, and
all of them would have set IOY at 115,000 mt. This IOY does not
represent a constraint on vessels in this fishery, so no impacts on
revenues in this fishery is expected as a result of these alternatives.
If landings approach the IOY during the early part of the fishing year, the

[[Page 70499]]

preferred alternative contains the option of increasing the IOY up to
ABC (186,000 mt). Therefore, this action may result in an increase in
revenue for this fishery. One of these alternatives (status quo) would
have set the ABC at 335,000 mt, and the other could have set the ABC at
204,000 mt. These alternatives were not adopted by the Council because
that level of ABC is not consistent with the overfishing definition in
the FMP, as updated by the most recent stock assessment. Furthermore,
alternatives that would set a higher harvest were not adopted because
they proposed harvest that was too high in light of social and economic
concerns relating to TALFF. The specification of TALFF would have
limited the opportunities for the domestic fishery to expand, and
therefore would have resulted in negative social and economic impacts
to both U.S. harvesters and processors (for a full discussion of the
TALFF issue, see the earlier section on Atlantic mackerel).
For Loligo squid, all alternatives set Max OY at 26,000 mt and ABC,
IOY, DAH, and DAP at 17,000 mt. While the annual quota under all
alternatives represents status quo, alternatives differ in their
allocation of the annual quota. Two alternatives allocate quotas by
trimester. Of these, a closure/re-opening provision, to ensure quota is
available to the directed fishery in July, is specified in one
alternative but not the other. The third alternative allocates quota by
quarters (status quo). These differences in seasonal quota distribution
may have distributive effects on seasonal participants in the fishery.
Additionally, the proposed incidental Loligo squid possession limit for
Illex squid moratorium vessels (up to 10,000 lb (4.54 mt)) during
August could, under certain conditions, result in a reduction in the
amount of Loligo squid quota available during Trimester III. All
alternatives are expected to result in the same total landings for 2007.
For Illex squid, one alternative considered would have set Max OY,
ABC, IOY, DAH, and DAP at 30,000 mt. This alternative would allow
harvest far in excess of recent landings in this fishery. Therefore,
there would be no constraints and, thus, no revenue reductions,
associated with this alternative. However, the Council considered this
alternative unacceptable because an ABC specification of 30,000 mt may
not prevent overfishing in years of moderate to low abundance of Illex
squid.
For butterfish, one alternative considered would have set IOY at
5,900 mt, while another would have set it at 9,131 mt. These amounts
exceed the landings of this species in recent years. Therefore, neither
alternative represents a constraint on vessels in this fishery or would
reduce revenues in the fishery. However, neither of these alternatives
were adopted because they would likely result in overfishing and the
additional depletion of the spawning stock biomass of an overfished species.

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Recordkeeping and reporting requirements.

Dated: November 29, 2006.
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 Sec. 648.7, paragraph (f)(3) is revised to read as follows:

Sec. 648.7 Recordkeeping and reporting requirements.

* * * * *
(f) * * *
(3) At-sea purchasers and processors. With the exception of the
owner or operator of an Atlantic herring carrier vessel, the owner or
operator of an at-sea purchaser or processor that purchases or
processes any Atlantic herring, Atlantic mackerel, squid, butterfish,
scup, or black sea bass at sea must submit information identical to
that required by paragraph (a)(1) of this section and provide those
reports to the Regional Administrator or designee by the same mechanism
and on the same frequency basis.
* * * * *
3. Section 648.21 is amended as follows:
a. Paragraphs (b)(1) introductory text, (b)(2)(i), and (b)(2)(iii)
introductory text are revised;
b. Paragraphs (c) introductory text and (c)(3) are revised;
c. Paragraph (f)(3) is removed and paragraphs (f)(1) and (f)(2) are
revised; and
d. Paragraphs (g)(2)(ii) and (g)(5) introductory text are revised
to read as follows:

Sec. 648.21 Procedures for determining initial annual amounts.

* * * * *
(b) * * *
(1) Loligo and/or Illex Squid.
* * * * *
(2) * * *
(i) Mackerel ABC must be calculated using the formula ABC = T - C,
where C is the estimated catch of mackerel in Canadian waters for the
upcoming fishing year and T is the catch associated with a fishing
mortality rate that is equal to F_target at B_MSY
or greater and decreases linearly to zero at 1/2 B_MSY or
below. Values for F_target and B_MSY are as
calculated in the most recent stock assessment.
* * * * *
(iii) IOY is composed of RQ, DAH and TALFF. RQ will be based on
requests for research quota as described in paragraph (g) of this
section. DAH, DAP, and JVP will be set after deduction for RQ, if
applicable, and must be projected by reviewing data from sources
specified in paragraph (b) of this section and other relevant data,
including past domestic landings, projected amounts of mackerel
necessary for domestic processing and for joint ventures during the
fishing year, projected recreational landings, and other data pertinent
for such a projection. The JVP component of DAH is the portion of DAH
that domestic processors either cannot or will not use. In addition,
IOY is based on the criteria set forth in the Magnuson-Stevens Act,
specifically section 201(e), and on the following economic factors:
* * * * *
(c) Recommended measures. Based on the review of the data described
in paragraph (b) of this section and requests for research quota as
described in paragraph (g) of this section, the Monitoring Committee
will recommend to the Squid, Mackerel, and Butterfish Committee the
measures from the following list that it determines are necessary to
ensure that the specifications are not exceeded:
* * * * *
(3) The amount of Loligo, Illex, and butterfish that may be
retained, possessed and landed by vessels issued the incidental catch
permit specified in Sec. 648.4(a)(5)(ii).
* * * * *
(f) * * *
(1) A commercial quota will be allocated annually for Loligo squid
into trimester periods, based on the following percentages:

------------------------------------------------------------------------
Trimester Percent
------------------------------------------------------------------------
I. January-April 43.0
II. May-August 17.0
III. September-October 40.0
------------------------------------------------------------------------

[[Page 70500]]

(2) Any underages of commercial period quota for Trimester I and II
will be applied to Trimester III of the same year and any overages of
commercial quota for Trimesters I and II will be subtracted from
Trimester III of the same year.
* * * * *
(g) * * *
(2) * * *
(ii) The NEFSC Director and the NOAA Grants Office will consider
each panel member's recommendation, provide final approval of the
projects and the Regional Administrator may, when appropriate, exempt
selected vessel(s) from regulations specified in each of the respective
FMPs through written notification to the project proponent.
* * * * *
(5) If a proposal is disapproved by the NEFSC Director or the NOAA
Grants Office, or if the Regional Administrator determines that the
allocated research quota cannot be utilized by a project, the Regional
Administrator shall reallocate the unallocated or unused amount of
research quota to the respective commercial and recreational fisheries
by publication of a notice in the Federal Register in compliance with
the Administrative Procedure Act, provided:
* * * * *
4. In Sec. 648.22, paragraphs (a) and (c) are revised and
paragraph (d) is added to read as follows:

Sec. 648.22 Closure of the fishery.

(a) Closing Procedures. (1) NMFS shall close the directed mackerel
fishery in the EEZ when the Regional Administrator projects that 80
percent of the mackerel DAH is landed, if such a closure is necessary
to prevent the DAH from being executed. 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 the DAH
will be landed 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.
(2) NMFS shall close the directed fishery in the EEZ for Loligo
when the Regional Administrator projects that 90 percent of the quota
is harvested in Trimesters I and II, and when 95 percent of DAH has
been harvested in Trimester III. The closure of the directed fishery
shall be in effect for the remainder of the fishing period, with
incidental catches allowed as specified in paragraph (c) of this section.
(3) NMFS shall close the directed Illex or butterfish fishery in
the EEZ when the Regional Administrator projects that 95 percent of the
Illex or butterfish DAH is landed. 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.
* * * * *
(c) Incidental catches. During a closure of the directed mackerel
fishery, the possession limit for mackerel is 10 percent, by weight, of
the total amount of fish on board. For vessels that have been issued a
Loligo or butterfish incidental catch permit (as specified at Sec.
648.4(a)(5)(ii)) or during a closure of the directed fishery for Loligo
or butterfish, the possession limit for Loligo and butterfish is 2,500
lb (1.13 mt) each. For vessels that have been issued an Illex
incidental catch permit (specified at Sec. 648.4(a)(5)(ii)) or during
a closure of the directed fishery for Illex, the possession limit for
Illex is 10,000 lb (4.54 mt). Vessels may not land more than these
limits and may only land once during any single calendar day, which is
defined as the 24 hr period beginning at 0001 hours and ending at 2400
hours.
(d) Incidental Loligo Limit for Illex Moratorium Vessels. During
August closures of the directed Loligo fishery, Illex vessels with
moratorium permits fishing seaward of the small mesh exemption line
(coordinates found at Sec. 648.23 (a)(3)) may possess and land up to
10,000 lb (4.54 mt) of Loligo squid, provided they possess a minimum of
10,000 lb (4.54 mt) of Illex squid on board.

[FR Doc. E6-20578 Filed 12-4-06; 8:45 am]
BILLING CODE 3510-22-S

Notices For
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994

Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Specifications and Management Measures

Local Navigation