Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries, 43707-43709 [E6-12482]
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mstockstill on PROD1PC68 with PROPOSALS
Federal Register / Vol. 71, No. 148 / Wednesday, August 2, 2006 / Proposed Rules
addition, copies of the final SEIS, a
revised RIR, and a revised IRFA,
prepared by NMFS are also available
from the Council at the address above.
Copies of all of these documents may
also be downloaded from the Council’s
Web site at www.gulfcouncil.org.
The final supplemental
environmental impact statement (FSEIS)
for this amendment includes discussion
and analyses NMFS added to the
environmental impact statement
contained in the amendment the
Council approved and submitted for
Secretarial review. In the FSEIS, NMFS
also included a revision of the IFRA
originally integrated in the Council
amendment. Additional text and
analyses clarify the distinction between
IFQ shareholders and IFQ allocation
holders, and more clearly distinguish
the roles and responsibilities of these
two participant types.
FOR FURTHER INFORMATION CONTACT: Phil
Steele, 727 824 5305; fax 727–824–5308;
e-mail: phil.steele@noaa.gov.
SUPPLEMENTARY INFORMATION: The
Council addressed overcapacity in the
red snapper fishery in 1995 through
Amendment 8 to the FMP. In this
amendment, the Council examined
several management alternatives
including license limitation, IFQs, and
more traditional management measures
(i.e., open access), and determined an
IFQ program had the most potential to
address the immediate
overcapitalization problems and achieve
OY from the fishery. However,
Amendment 8 was never implemented
because of congressional action.
Following the expiration of the
congressional IFQ moratorium, NMFS
conducted a referendum required by
Section 407(c) of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) to
determine whether commercial red
snapper fishermen supported further
consideration of an IFQ program. The
Council began developing this
amendment following a majority ‘‘yes’’
vote on the referendum. NMFS
conducted the second referendum
required by the Magnuson-Stevens Act
to determine whether fishermen
approved the IFQ amendment
developed by the Council for
submission to the Secretary of
Commerce (Secretary). Following a
majority ‘‘yes’’ vote in the second
referendum, the Council at its March
2006 meeting voted to submit the IFQ
amendment to the Secretary for review.
The main action in this amendment
(Action 1) is to establish an IFQ
program. The following actions (Actions
2–11) determine the structure of the
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15:39 Aug 01, 2006
Jkt 208001
program. These actions are: IFQ
program duration; ownership caps and
restrictions on IFQ share certificates;
eligibility for initial IFQ allocation;
initial apportionment of IFQ shares;
establishment and structure of an
appeals process; transfer eligibility
requirements; use it or lose it clause for
IFQ shares or allocations; adjustments
in commercial quota; use of a vessel
monitoring system; and a cost recovery
plan.
A proposed rule that would
implement the measures outlined in
Amendment 26 has been received from
the Council. In accordance with the
Magnuson-Stevens Act, NMFS is
evaluating the proposed rule to
determine whether it is consistent with
the FMPs, the Magnuson-Stevens Act,
and other applicable law. If that
determination is affirmative, NMFS will
publish the proposed rule in the Federal
Register for public review and
comment.
Comments received by October 2,
2006, whether specifically directed to
Amendment 26 or the proposed rule,
will be considered by NMFS in its
decision to approve, disapprove, or
partially approve the amendment.
Comments received after that date will
not be considered by NMFS in this
decision. All comments received by
NMFS on the amendment or the
proposed rule during their respective
comment periods will be addressed in
the final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 28, 2006.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 06–6645 Filed 7–28–06; 2:19 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 060719196–6196–01.; I.D.
071106F]
RIN 0648–AU54
Fisheries of the Northeastern United
States; Atlantic Mackerel, Squid, and
Butterfish Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule, request for
comments.
AGENCY:
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43707
SUMMARY: The final rule implementing
the specifications for the 2005 fishing
year for Atlantic mackerel, squid, and
butterfish (MSB) clarified the expiration
date of the limited entry program for
Illex squid, established a minimum
mesh requirement for the butterfish
fishery, and removed a regulatory
requirement for annual specifications to
be published by a specific date. These
regulatory measures were intended to be
of a permanent nature, unlike the
specifications themselves, which
expired January 1, 2006. An error in the
final rule caused these three measures to
expire; this proposed rule would restore
the regulatory requirements. This action
is being taken by NMFS under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act).
DATES: Public comments must be
received no later than 5 p.m., Eastern
Daylight Time, on August 17, 2006.
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), for the 2005
specifications are available from: Daniel
Furlong, Executive Director, MidAtlantic 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.noaa.gov.
Comments on the proposed rule
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–
2005 MSB Specifications Corrections.’’
Comments also may be sent via
facsimile (fax) to 978–281–9135.
Comments on the specifications may be
submitted by e-mail. The mailbox
address for providing e-mail comments
is MSB2005corrections@noaa.gov.
Include in the subject line of the e-mail
comment the following document
identifier: ‘‘Comments–2005 MSB
Corrections.’’ Comments may also be
submitted via Webform at the Federal
eRulemaking Portal
www.regulations.com by following the
instructions at that site for submitting
comments.
FOR FURTHER INFORMATION CONTACT: Don
Frei, Fishery Management Specialist,
978–281–9221, fax 978–281–9135.
SUPPLEMENTARY INFORMATION:
Background
NMFS published final specifications
for the 2005 fishing year for MSB in the
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Federal Register / Vol. 71, No. 148 / Wednesday, August 2, 2006 / Proposed Rules
Federal Register on March 21, 2005 (70
FR 13406), and the measures became
effective on April 20, 2005. The final
rule included regulatory changes that
were meant to be permanent, as well as
the MSB specifications which were
intended to expire on January 1, 2006.
However, in the effective dates section
of the final rule, the distinction between
the annual specifications and the
permanent regulations was not defined
and, as a result, all of the measures of
the final rule expired on January 1,
2006. This proposed action permanently
reestablishes the regulatory measures as
intended.
Proposed Measures
Illex Moratorium Permits
Framework 4 to the MSB Fishery
Management Plan (FMP) became
effective July 1, 2004(69 FR 30839, June
1, 2004), and extended the limited entry
program for the Illex squid fishery
through July 1, 2009. In a subsequent
regulatory action, the text reflecting the
extension was, as mentioned above, not
identified as a permanent regulation and
therefore expired on January 1, 2006.
This proposed rule would specify the
July 1, 2009, expiration date in the
regulatory text.
Gear Specifications For Otter Trawl
Butterfish Trips
The final rule implementing the 2005
MSB specifications included a 3.0–inch
(7.62–cm) minimum codend mesh size
requirement for butterfish otter trawl
trips of greater than 5,000 lb (2,268 kg).
The measure was described in detail in
the proposed rule for the 2005 MSB
specifications (70 FR 1686, January 10,
2005) and is only summarized here. The
purpose of this minimum mesh size
requirement is to allow for escapement
of unmarketable butterfish and
butterfish below the size at which 50
percent are sexually mature. This
minimum mesh size requirement
reduces discards in the directed fishery,
especially of small, sexually immature
butterfish, which will increase the
chance of successful recruitment and
aid in stock rebuilding. This proposed
rule would re-establish the minimum
mesh size requirements in the
regulations.
mstockstill on PROD1PC68 with PROPOSALS
Annual Specifications
The final rule for implementing the
2005 MSB specifications included a
clarification to the regulations in
§ 648.21, removing references to the
dates on which the proposed and final
rules for the annual specifications must
be published by the Administrator,
Northeast Region, NMFS (Regional
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15:39 Aug 01, 2006
Jkt 208001
Administrator), because it is not
necessary to specify those dates in
regulatory text. This proposed rule
would re-instate that clarification by
removing the unnecessary dates.
Classification
This action is authorized by 50 CFR
part 648 and has been determined to be
not significant for purposes of E.O.
12866. The Council prepared an IRFA
for the 2005 MSB specifications, as
required by section 603 of the
Regulatory Flexibility Act (RFA), which
describes the economic impacts 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 https://www.nero.noaa.gov. A
summary of the analysis follows:
A 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 the proposed
rule for the 2005 MSB specifications
and is not repeated here.
Description and Estimate of Number of
Small Entities to Which the Rule Will
Apply
The number of potential fishing
vessels in the 2005 fisheries were 72 for
Illex squid, and 2,119 vessels with
incidental catch permits for squid/
butterfish, based on vessel permit
issuance. There are no large entities
participating in this fishery, as defined
in section 601 of the RFA. Therefore,
there are no disproportionate economic
impacts. 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
The proposed action would
implement a 3.0–inch (7.62–cm)
minimum codend mesh size
requirement for otter trawl trips landing
more than 5,000 lb (2,278 kg) of
butterfish. During the period 2001–
2003, 16,854 trips landed butterfish,
based on unpublished NMFS Vessel
Trip Report (VTR) data. More than half
(57 percent) of the landings of butterfish
during 2001–2003 were taken with
mesh sizes less than 3.0 inches (7.62–
cm). Within this mesh size range, most
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were taken with mesh sizes between 2.5
inches (6.35–cm) and 3.0 inches (7.62–
cm). The trips using this mesh size
range (i.e., less than 3.0 inches (7.62–
cm))could potentially be affected by the
proposed mesh size. However, the
proposed 3.0–inch (7.62–cm) mesh
requirement would only apply to otter
trawl trips landing 5,000 lb (2,278 kg) or
more of butterfish. In terms of numerical
frequency of trips, the vast majority of
trips during 2001–2003 landed less than
5,000 lb (2,278 kg) of butterfish, based
on NMFS VTR data. While 57 percent
of the landings by weight were taken on
trips of greater than 5,000 lb (2,278 kg)
during the period, fewer than 1 percent
of the trips landing butterfish landed
more than 5,000 lb (2,278 kg). Only 26
vessels had trips that included landings
of butterfish of 5,000 lb (2,278 kg) or
more, and also reported using mesh
sizes less than 3.0 inches (7.62 cm) on
those trips. Therefore, it is expected that
the economic impact of this proposed
measure would be negligible, because
the vast majority of trips and vessels
would not be affected. The costs for
those vessels that do land butterfish on
trips of more than 5,000 lb (2,278 kg) of
butterfish should also be negligible
because virtually all of those vessels
already possess codends with 3.0- inch
(7.62–cm) mesh or greater (because they
are fishing for butterfish or in another
fishery that uses nets of that size, e.g.,
whiting). Therefore, they should not
incur any additional costs due to the
proposed minimum mesh size
requirement. When the Council
considered implementing a mesh size
requirement for butterfish landings, the
only alternative to the proposed action
considered was not implementing any
mesh size requirement.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: July 27, 2006.
William T. Hogarth,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
For the reasons stated in the
preamble, 50 CFR part 648 is proposed
to be amended as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.4, the introductory text of
paragraph (a)(5)(i) is added to read as
follows:
§ 684.4
Vessel permits.
(a) * * *
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Federal Register / Vol. 71, No. 148 / Wednesday, August 2, 2006 / Proposed Rules
(5) * * *
(i) Loligo squid/butterfish and Illex
squid moratorium permits (Illex squid
moratorium is in effect until July 1,
2009).
*
*
*
*
*
3. In § 648.14, paragraphs (a)(74) and
(p)(5) are added and paragraph (p)(11) is
added to read as follows:
§ 648.14
Prohibitions.
(a) * * *
(74) Possess nets or netting with mesh
not meeting the minimum size
requirements of § 648.23, and not
stowed in accordance with the
requirements of § 648.23, if in
possession of Loligo or butterfish
harvested in or from the EEZ.
*
*
*
*
*
(p) * * *
(5) Fish with or possess nets or
netting that do not meet the minimum
mesh requirements for Loligo or
butterfish specified in § 648.23(a), or
that are modified, obstructed, or
constricted, if subject to the minimum
mesh requirements, unless the nets or
netting are stowed in accordance with
§ 648.23(b) or the vessel is fishing under
an exemption specified in § 648.23(a).
*
*
*
*
*
(11) Possess 5,000 lb (2.27 mt) or more
of butterfish, unless the vessel meets the
minimum mesh size requirement
specified in § 648.23(a)(2).
*
*
*
*
*
4. In § 648.21, paragraph (d) is added
to read as follows:
§ 648.21 Procedures for determining initial
annual amounts.
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*
*
*
*
*
(d) Annual fishing measures. (1) The
Squid, Mackerel, and Butterfish
Committee will review the
recommendations of the Monitoring
Committee. Based on these
recommendations and any public
comment received thereon, the Squid,
Mackerel, and Butterfish Committee
must recommend to the MAFMC
appropriate specifications and any
measures necessary to assure that the
specifications will not be exceeded. The
MAFMC will review these
recommendations and, based on the
recommendations and any public
comment received thereon, must
recommend to the Regional
Administrator appropriate
specifications and any measures
necessary to assure that the
specifications will not be exceeded. The
MAFMC’s recommendations must
include supporting documentation, as
appropriate, concerning the
environmental, economic, and social
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15:39 Aug 01, 2006
Jkt 208001
impacts of the recommendations. The
Regional Administrator will review the
recommendations and will publish
notification in the Federal Register
proposing specifications and any
measures necessary to assure that the
specifications will not be exceeded and
providing a 30–day public comment
period. If the proposed specifications
differ from those recommended by the
MAFMC, the reasons for any differences
must be clearly stated and the revised
specifications must satisfy the criteria
set forth in this section. The MAFMC’s
recommendations will be available for
inspection at the office of the Regional
Administrator during the public
comment period. If the annual
specifications for squid, mackerel, and
butterfish are not published in the
Federal Register prior to the start of the
fishing year, the previous year’s annual
specifications, excluding specifications
of TALFF, will remain in effect. The
previous year’s specifications will be
superceded as of the effective date of the
final rule implementing the current
year’s annual specifications.
(2) The Assistant Administrator will
make a final determination concerning
the specifications for each species and
any measures necessary to assure that
the specifications contained in the
Federal Register notification will not be
exceeded. After the Assistant
Administrator considers all relevant
data and any public comments,
notification of the final specifications
and any measures necessary to assure
that the specifications will not be
exceeded and responses to the public
comments will be published in the
Federal Register. If the final
specification amounts differ from those
recommended by the MAFMC, the
reason(s) for the difference(s) must be
clearly stated and the revised
specifications must be consistent with
the criteria set forth in paragraph (b) of
this section.
*
*
*
*
*
5. In § 648.23, paragraph (a) is added
to read as follows:
§ 648.23
PO 00000
for at least 100 continuous meshes
forward of the terminus of the net, or for
codends with less than 100 meshes, the
minimum mesh size codend shall be a
minimum of one-third of the net
measured from the terminus of the
codend to the headrope.
(3) Owners or operators of otter trawl
vessels possessing Loligo harvested in or
from the EEZ may only fish with nets
having a minimum mesh size of 1 7/8
inches (48 mm) diamond mesh, inside
stretch measure, applied throughout the
codend for at least 150 continuous
meshes forward of the terminus of the
net, or for codends with less than 150
meshes, the minimum mesh size codend
shall be a minimum of one-third of the
net measured from the terminus of the
codend to the headrope, unless they are
fishing during the months of June, July,
August, and September for Illex seaward
of the following coordinates (copies of
a map depicting this area are available
from the Regional Administrator upon
request):
Point
Frm 00036
Fmt 4702
Sfmt 4702
N. Lat.
W. Long.
43 ° 58.0′
43 °50.0′
43 °30.0′
43 °20.0′
42 °45.0′
42 °13.0′
41 °00.0′
41 °45.0′
42 °10.0′
41 °18.6′
40 °55.5′
40 °45.5′
40 °37.0′
40 °30.0′
40 °22.7′
40 °18.7′
40 °21.0′
39 °41.0′
38 °47.0′
38 °04.0′
37 °08.0′
36 °00.0′
35 °45.0′
35 °28.0′
M1
M2
M3
M4
M5
M6
M7
M8
M9
M10
M11
M12
M13
M14
M15
M16
M17
M18
M19
M20
M21
M22
M23
M24
Gear restrictions.
(a) Mesh restrictions and exemptions.
(1) Vessels subject to the mesh
restrictions outlined in this paragraph
(a) may not have available for
immediate use any net, or any piece of
net, with a mesh size smaller than that
required.
(2) Owners or operators of otter trawl
vessels possessing 5,000 lb (2.27 mt) or
more of butterfish harvested in or from
the EEZ may only fish with nets having
a minimum codend mesh of 3 inches
(76 mm) diamond mesh, inside stretch
measure, applied throughout the codend
43709
67 ° 22.0′
68 °35.0′
69 °40.0′
70 °00.0′
70 °10.0′
69 °55.0′
69 °00.0′
68 °15.0′
67 °10.0′
66 °24.8′
66 °38.0′
68 °00.0′
68 °00.0′
69 °00.0′
69 °00.0′
69 °40.0′
71 °03.0′
72 °32.0′
73 °11.0′
74 °06.0′
4 °46.0′
74 °52.0′
74 °53.0′
74 °52.0′
(4) Vessels fishing under this
exemption may not have available for
immediate use, as defined in paragraph
(b) of this section, any net, or any piece
of net, with a mesh size less than 1 7/
8 inches (48 mm) diamond mesh or any
net, or any piece of net, with mesh that
is rigged in a manner that is prohibited
by paragraph (c) and (d) of this section,
when the vessel is landward of the
specified coordinates.
[FR Doc. E6–12482 Filed 8–1–06; 8:45 am]
BILLING CODE 3510–22–S
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]]>Agencies
[Federal Register Volume 71, Number 148 (Wednesday, August 2, 2006)]
[Proposed Rules]
[Pages 43707-43709]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12482]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 060719196-6196-01.; I.D. 071106F]
RIN 0648-AU54
Fisheries of the Northeastern United States; Atlantic Mackerel,
Squid, and Butterfish Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule, request for comments.
-----------------------------------------------------------------------
SUMMARY: The final rule implementing the specifications for the 2005
fishing year for Atlantic mackerel, squid, and butterfish (MSB)
clarified the expiration date of the limited entry program for Illex
squid, established a minimum mesh requirement for the butterfish
fishery, and removed a regulatory requirement for annual specifications
to be published by a specific date. These regulatory measures were
intended to be of a permanent nature, unlike the specifications
themselves, which expired January 1, 2006. An error in the final rule
caused these three measures to expire; this proposed rule would restore
the regulatory requirements. This action is being taken by NMFS under
the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act).
DATES: Public comments must be received no later than 5 p.m., Eastern
Daylight Time, on August 17, 2006.
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), for the 2005 specifications 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.noaa.gov.
Comments on the proposed rule 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-2005 MSB Specifications Corrections.'' Comments also may be
sent via facsimile (fax) to 978-281-9135. Comments on the
specifications may be submitted by e-mail. The mailbox address for
providing e-mail comments is MSB2005corrections@noaa.gov. Include in
the subject line of the e-mail comment the following document
identifier: ``Comments-2005 MSB Corrections.'' Comments may also be
submitted via Webform at the Federal eRulemaking Portal
www.regulations.com by following the instructions at that site for
submitting comments.
FOR FURTHER INFORMATION CONTACT: Don Frei, Fishery Management
Specialist, 978-281-9221, fax 978-281-9135.
SUPPLEMENTARY INFORMATION:
Background
NMFS published final specifications for the 2005 fishing year for
MSB in the
[[Page 43708]]
Federal Register on March 21, 2005 (70 FR 13406), and the measures
became effective on April 20, 2005. The final rule included regulatory
changes that were meant to be permanent, as well as the MSB
specifications which were intended to expire on January 1, 2006.
However, in the effective dates section of the final rule, the
distinction between the annual specifications and the permanent
regulations was not defined and, as a result, all of the measures of
the final rule expired on January 1, 2006. This proposed action
permanently reestablishes the regulatory measures as intended.
Proposed Measures
Illex Moratorium Permits
Framework 4 to the MSB Fishery Management Plan (FMP) became
effective July 1, 2004(69 FR 30839, June 1, 2004), and extended the
limited entry program for the Illex squid fishery through July 1, 2009.
In a subsequent regulatory action, the text reflecting the extension
was, as mentioned above, not identified as a permanent regulation and
therefore expired on January 1, 2006. This proposed rule would specify
the July 1, 2009, expiration date in the regulatory text.
Gear Specifications For Otter Trawl Butterfish Trips
The final rule implementing the 2005 MSB specifications included a
3.0-inch (7.62-cm) minimum codend mesh size requirement for butterfish
otter trawl trips of greater than 5,000 lb (2,268 kg). The measure was
described in detail in the proposed rule for the 2005 MSB
specifications (70 FR 1686, January 10, 2005) and is only summarized
here. The purpose of this minimum mesh size requirement is to allow for
escapement of unmarketable butterfish and butterfish below the size at
which 50 percent are sexually mature. This minimum mesh size
requirement reduces discards in the directed fishery, especially of
small, sexually immature butterfish, which will increase the chance of
successful recruitment and aid in stock rebuilding. This proposed rule
would re-establish the minimum mesh size requirements in the
regulations.
Annual Specifications
The final rule for implementing the 2005 MSB specifications
included a clarification to the regulations in Sec. 648.21, removing
references to the dates on which the proposed and final rules for the
annual specifications must be published by the Administrator, Northeast
Region, NMFS (Regional Administrator), because it is not necessary to
specify those dates in regulatory text. This proposed rule would re-
instate that clarification by removing the unnecessary dates.
Classification
This action is authorized by 50 CFR part 648 and has been
determined to be not significant for purposes of E.O. 12866. The
Council prepared an IRFA for the 2005 MSB specifications, as required
by section 603 of the Regulatory Flexibility Act (RFA), which describes
the economic impacts 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 https://www.nero.noaa.gov. A
summary of the analysis follows:
A 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 the proposed rule for the 2005
MSB specifications and is not repeated here.
Description and Estimate of Number of Small Entities to Which the Rule
Will Apply
The number of potential fishing vessels in the 2005 fisheries were
72 for Illex squid, and 2,119 vessels with incidental catch permits for
squid/butterfish, based on vessel permit issuance. There are no large
entities participating in this fishery, as defined in section 601 of
the RFA. Therefore, there are no disproportionate economic impacts.
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
The proposed action would implement a 3.0-inch (7.62-cm) minimum
codend mesh size requirement for otter trawl trips landing more than
5,000 lb (2,278 kg) of butterfish. During the period 2001-2003, 16,854
trips landed butterfish, based on unpublished NMFS Vessel Trip Report
(VTR) data. More than half (57 percent) of the landings of butterfish
during 2001-2003 were taken with mesh sizes less than 3.0 inches (7.62-
cm). Within this mesh size range, most were taken with mesh sizes
between 2.5 inches (6.35-cm) and 3.0 inches (7.62-cm). The trips using
this mesh size range (i.e., less than 3.0 inches (7.62-cm))could
potentially be affected by the proposed mesh size. However, the
proposed 3.0-inch (7.62-cm) mesh requirement would only apply to otter
trawl trips landing 5,000 lb (2,278 kg) or more of butterfish. In terms
of numerical frequency of trips, the vast majority of trips during
2001-2003 landed less than 5,000 lb (2,278 kg) of butterfish, based on
NMFS VTR data. While 57 percent of the landings by weight were taken on
trips of greater than 5,000 lb (2,278 kg) during the period, fewer than
1 percent of the trips landing butterfish landed more than 5,000 lb
(2,278 kg). Only 26 vessels had trips that included landings of
butterfish of 5,000 lb (2,278 kg) or more, and also reported using mesh
sizes less than 3.0 inches (7.62 cm) on those trips. Therefore, it is
expected that the economic impact of this proposed measure would be
negligible, because the vast majority of trips and vessels would not be
affected. The costs for those vessels that do land butterfish on trips
of more than 5,000 lb (2,278 kg) of butterfish should also be
negligible because virtually all of those vessels already possess
codends with 3.0- inch (7.62-cm) mesh or greater (because they are
fishing for butterfish or in another fishery that uses nets of that
size, e.g., whiting). Therefore, they should not incur any additional
costs due to the proposed minimum mesh size requirement. When the
Council considered implementing a mesh size requirement for butterfish
landings, the only alternative to the proposed action considered was
not implementing any mesh size requirement.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: July 27, 2006.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons stated 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. 648.4, the introductory text of paragraph (a)(5)(i) is
added to read as follows:
Sec. 684.4 Vessel permits.
(a) * * *
[[Page 43709]]
(5) * * *
(i) Loligo squid/butterfish and Illex squid moratorium permits
(Illex squid moratorium is in effect until July 1, 2009).
* * * * *
3. In Sec. 648.14, paragraphs (a)(74) and (p)(5) are added and
paragraph (p)(11) is added to read as follows:
Sec. 648.14 Prohibitions.
(a) * * *
(74) Possess nets or netting with mesh not meeting the minimum size
requirements of Sec. 648.23, and not stowed in accordance with the
requirements of Sec. 648.23, if in possession of Loligo or butterfish
harvested in or from the EEZ.
* * * * *
(p) * * *
(5) Fish with or possess nets or netting that do not meet the
minimum mesh requirements for Loligo or butterfish specified in Sec.
648.23(a), or that are modified, obstructed, or constricted, if subject
to the minimum mesh requirements, unless the nets or netting are stowed
in accordance with Sec. 648.23(b) or the vessel is fishing under an
exemption specified in Sec. 648.23(a).
* * * * *
(11) Possess 5,000 lb (2.27 mt) or more of butterfish, unless the
vessel meets the minimum mesh size requirement specified in Sec.
648.23(a)(2).
* * * * *
4. In Sec. 648.21, paragraph (d) is added to read as follows:
Sec. 648.21 Procedures for determining initial annual amounts.
* * * * *
(d) Annual fishing measures. (1) The Squid, Mackerel, and
Butterfish Committee will review the recommendations of the Monitoring
Committee. Based on these recommendations and any public comment
received thereon, the Squid, Mackerel, and Butterfish Committee must
recommend to the MAFMC appropriate specifications and any measures
necessary to assure that the specifications will not be exceeded. The
MAFMC will review these recommendations and, based on the
recommendations and any public comment received thereon, must recommend
to the Regional Administrator appropriate specifications and any
measures necessary to assure that the specifications will not be
exceeded. The MAFMC's recommendations must include supporting
documentation, as appropriate, concerning the environmental, economic,
and social impacts of the recommendations. The Regional Administrator
will review the recommendations and will publish notification in the
Federal Register proposing specifications and any measures necessary to
assure that the specifications will not be exceeded and providing a 30-
day public comment period. If the proposed specifications differ from
those recommended by the MAFMC, the reasons for any differences must be
clearly stated and the revised specifications must satisfy the criteria
set forth in this section. The MAFMC's recommendations will be
available for inspection at the office of the Regional Administrator
during the public comment period. If the annual specifications for
squid, mackerel, and butterfish are not published in the Federal
Register prior to the start of the fishing year, the previous year's
annual specifications, excluding specifications of TALFF, will remain
in effect. The previous year's specifications will be superceded as of
the effective date of the final rule implementing the current year's
annual specifications.
(2) The Assistant Administrator will make a final determination
concerning the specifications for each species and any measures
necessary to assure that the specifications contained in the Federal
Register notification will not be exceeded. After the Assistant
Administrator considers all relevant data and any public comments,
notification of the final specifications and any measures necessary to
assure that the specifications will not be exceeded and responses to
the public comments will be published in the Federal Register. If the
final specification amounts differ from those recommended by the MAFMC,
the reason(s) for the difference(s) must be clearly stated and the
revised specifications must be consistent with the criteria set forth
in paragraph (b) of this section.
* * * * *
5. In Sec. 648.23, paragraph (a) is added to read as follows:
Sec. 648.23 Gear restrictions.
(a) Mesh restrictions and exemptions. (1) Vessels subject to the
mesh restrictions outlined in this paragraph (a) may not have available
for immediate use any net, or any piece of net, with a mesh size
smaller than that required.
(2) Owners or operators of otter trawl vessels possessing 5,000 lb
(2.27 mt) or more of butterfish harvested in or from the EEZ may only
fish with nets having a minimum codend mesh of 3 inches (76 mm) diamond
mesh, inside stretch measure, applied throughout the codend for at
least 100 continuous meshes forward of the terminus of the net, or for
codends with less than 100 meshes, the minimum mesh size codend shall
be a minimum of one-third of the net measured from the terminus of the
codend to the headrope.
(3) Owners or operators of otter trawl vessels possessing Loligo
harvested in or from the EEZ may only fish with nets having a minimum
mesh size of 1 7/8 inches (48 mm) diamond mesh, inside stretch measure,
applied throughout the codend for at least 150 continuous meshes
forward of the terminus of the net, or for codends with less than 150
meshes, the minimum mesh size codend shall be a minimum of one-third of
the net measured from the terminus of the codend to the headrope,
unless they are fishing during the months of June, July, August, and
September for Illex seaward of the following coordinates (copies of a
map depicting this area are available from the Regional Administrator
upon request):
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
M1 43 [deg] 58.0' 67 [deg] 22.0'
M2 43 [deg]50.0' 68 [deg]35.0'
M3 43 [deg]30.0' 69 [deg]40.0'
M4 43 [deg]20.0' 70 [deg]00.0'
M5 42 [deg]45.0' 70 [deg]10.0'
M6 42 [deg]13.0' 69 [deg]55.0'
M7 41 [deg]00.0' 69 [deg]00.0'
M8 41 [deg]45.0' 68 [deg]15.0'
M9 42 [deg]10.0' 67 [deg]10.0'
M10 41 [deg]18.6' 66 [deg]24.8'
M11 40 [deg]55.5' 66 [deg]38.0'
M12 40 [deg]45.5' 68 [deg]00.0'
M13 40 [deg]37.0' 68 [deg]00.0'
M14 40 [deg]30.0' 69 [deg]00.0'
M15 40 [deg]22.7' 69 [deg]00.0'
M16 40 [deg]18.7' 69 [deg]40.0'
M17 40 [deg]21.0' 71 [deg]03.0'
M18 39 [deg]41.0' 72 [deg]32.0'
M19 38 [deg]47.0' 73 [deg]11.0'
M20 38 [deg]04.0' 74 [deg]06.0'
M21 37 [deg]08.0' 4 [deg]46.0'
M22 36 [deg]00.0' 74 [deg]52.0'
M23 35 [deg]45.0' 74 [deg]53.0'
M24 35 [deg]28.0' 74 [deg]52.0'
------------------------------------------------------------------------
(4) Vessels fishing under this exemption may not have available for
immediate use, as defined in paragraph (b) of this section, any net, or
any piece of net, with a mesh size less than 1 7/8 inches (48 mm)
diamond mesh or any net, or any piece of net, with mesh that is rigged
in a manner that is prohibited by paragraph (c) and (d) of this
section, when the vessel is landward of the specified coordinates.
[FR Doc. E6-12482 Filed 8-1-06; 8:45 am]
BILLING CODE 3510-22-S
