Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Correction, 63268-63271 [E6-18188]
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63268
Federal Register / Vol. 71, No. 209 / Monday, October 30, 2006 / Rules and Regulations
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 900124–0127; I.D. 101906A]
Fisheries of the Northeastern United
States; Atlantic Surfclam and Ocean
Quahog Fisheries; Suspension of
Minimum Atlantic Surfclam Size Limit
for Fishing Year 2007
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; suspension of
the Atlantic surfclam minimum size
limit.
AGENCY:
NMFS suspends the
minimum size limit of 4.75 inches
(12.065 cm) for Atlantic surfclams for
the 2007 fishing year. This action is
taken under the authority of the
implementing regulations for this
fishery, which allow for the annual
suspension of the minimum size limit
based upon set criteria. The intended
effect is to relieve the industry from a
regulatory burden that is not necessary,
as the majority of surfclams harvested
are larger than the minimum size limit.
DATES: Effective January 1, 2007,
through December 31, 2007.
ADDRESSES: Written inquiries may be
sent to Patricia A. Kurkul, Regional
Administrator, National Marine
Fisheries Service, Northeast Regional
Office, One Blackburn Drive,
Gloucester, MA 01930–2298.
FOR FURTHER INFORMATION CONTACT:
Tobey Curtis, Fishery Management
Specialist, (978) 281–9273; fax (978)
281–9135.
SUPPLEMENTARY INFORMATION: Section
648.72(c) of the regulations
implementing the Fishery Management
Plan (FMP) for the Atlantic Surfclam
and Ocean Quahog Fisheries allows the
Administrator, Northeast Region, NMFS
(Regional Administrator) to suspend
annually, by publication of a
notification in the Federal Register, the
minimum size limit for Atlantic
surfclams. This action may be taken
unless discard, catch, and biological
sampling data indicate that 30 percent
of the Atlantic surfclam resource is
smaller than 4.75 inches (12.065 cm)
and the overall reduced size is not
attributable to harvest from beds where
growth of the individual clams has been
reduced because of density-dependent
factors.
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SUMMARY:
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At its June 2004 meeting, the MidAtlantic Fishery Management Council
(Council) voted to recommend that the
Regional Administrator suspend the
minimum size limit for the 2005, 2006,
and 2007 fishing years. In accordance
with the provisions of the FMP, the
Regional Administrator will publish the
suspension of the surfclam minimum
size for the applicable fishing year if the
proportion of undersized surfclams is
under 30 percent of the total surfclam
landings.
Commercial surfclam data for 2006
were analyzed to determine the
percentage of surfclams that were
smaller than the minimum size
requirement. The analysis indicated that
4.80 percent of the overall commercial
landings were composed of surfclams
that were less than 4.75 inches (12.065
cm). Based on these data, the Regional
Administrator adopts the Council’s
recommendation and suspends the
minimum size limit for Atlantic
surfclams from January 1 through
December 31, 2007, through this
temporary rule.
Classification
Pursuant to 5 U.S.C. 553(b)(B), the
Assistant Administrator finds good
cause to waive prior notice and
opportunity for public comment as
notice and comment would be
unnecessary and contrary to the public
interest. The surfclam minimum size
has been suspended consistently for
many consecutive years. The industry
has repeatedly supported the timely
suspension of the size limit, to coincide
with the beginning of the fishing year on
January 1st, because of the unnecessary
costs involved with complying with the
minimum size limit if this rule is
delayed beyond that date. This action
relieves a burden in that, minus this
suspension, the catch of clams would
have to be inspected on board a vessel
in order to cull out clams that did not
meet the minimum size limit. This
would be difficult because of the current
highly mechanized process that removes
the clams from the dredge and
transports them to the 32–bushel cages,
which are then sent to the processing
plant. Given poor weather conditions in
the fall/early winter, delay of this action
beyond January 1, 2007, could also
make the culling process dangerous.
Culling out small clams will also
increase the time it takes for a vessel
owner to harvest the allocation for
which the vessel is fishing, potentially
increasing fuel costs and other vessel
operation expenses, as well as the
fishing mortality on the stock. Pursuant
to 5 U.S.C. 553(d)(3), the Assistant
Administrator finds good cause to waive
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the delayed effectiveness period for the
reasons stated above. Delaying
effectiveness of this rule would also
promote confusion in the industry,
which has not had to comply with a
minimum size restriction for many
years.
This action is authorized by 50 CFR
part 648 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 24, 2006.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E6–18201 Filed 10–27–06; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 060719196–6271–02; I.D.
071106F]
RIN 0648–AU54
Fisheries of the Northeastern United
States; Atlantic Mackerel, Squid, and
Butterfish Fisheries; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correction.
AGENCY:
SUMMARY: NMFS implements this final
rule to clarify the expiration date of the
limited entry program for Illex squid,
reestablish a minimum mesh
requirement for the butterfish fishery,
and remove a regulatory requirement for
annual specifications to be published by
a specific date. These measures were
initially implemented by the final rule
implementing the specifications for the
2005 fishing year for Atlantic mackerel,
squid, and butterfish (MSB). These
regulatory measures were intended to be
of a permanent nature, unlike the 2005
specifications themselves, which were
effective through December 31, 2005.
An error in the final rule caused these
three measures to expire; this rule
restores the regulatory requirements.
This action is being taken by NMFS
under the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act).
Effective November 29, 2006.
Copies of supporting
documents used by the Mid-Atlantic
Fishery Management Council (Council),
DATES:
ADDRESSES:
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Federal Register / Vol. 71, No. 209 / Monday, October 30, 2006 / Rules and Regulations
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.
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
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 be effective through
December 31,2005. However, in the
dates section of the final rule, the
distinction between the effective dates
of the 2005 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 action
permanently reestablishes the regulatory
measures as intended.
On August 2, 2006, a proposed rule
was published in the Federal Register
(71 FR 43707) soliciting public
comment. This final rule addresses the
public comment that was received
during the comment period which
ended on August 17, 2006. No changes
were made to the rule.
Comments and Responses
One comment was received in
response to the proposed rule. It
identified issues about fisheries
management that were not relevant to
the proposed measures. Therefore, the
comment is not responded to in this
final rule.
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Final 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 (March 21, 2005, 70
FR 13406), the text reflecting the
extension was not identified as a
permanent regulation and, therefore,
expired on January 1, 2006. This final
rule specifies the July 1, 2009,
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expiration date in the regulatory text, as
was intended.
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 final rule
re-establishes the minimum mesh size
requirements in the regulations.
Annual Specifications
The final rule 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
Administrator), because it is not
necessary to specify those dates in
regulatory text. This rule re-instates 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 Executive
Order 12866.
The final rule contains the FRFA
prepared pursuant to 5 U.S.C. 604(a) for
these measures, as analyzed in the 2005
MSB specifications. The FRFA consists
of the IRFA and the summary of impacts
and alternatives contained in this final
rule. No comments were received on the
IRFA or economic impacts of the rule.
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.
Summary of Objective and Need
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 final rule and the proposed rule for
the 2005 MSB specifications and is not
repeated here.
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63269
Summary of Significant Issues Raised by
Public Comment
One comment was received in
response to the proposed rule. It
identified issues about fisheries
management that were not relevant to
the proposed measures. Therefore, the
comment is not responded to in this
final rule.
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 Regulatory
Flexibility Act. 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 re-establishment of the regulation
to specify the expiration date of the
limited entry program for Illex squid
and the removal of the regulatory text
that specified dates by which annual
specifications must be published have
no economic impacts.
The economic impacts of the reestablishment of the measure to require
the use of a 3.0–inch (7.62 cm)
minimum codend mesh size for otter
trawl trips landing more than 5,000 lb
(2,278 kg) of butterfish were analyzed.
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 3.0–inch (7.62–
cm) mesh requirement only applies to
otter trawl trips landing 5,000 lb (2,278
kg) or more of butterfish. In terms of
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Federal Register / Vol. 71, No. 209 / Monday, October 30, 2006 / Rules and Regulations
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 measure will be
negligible, because the vast majority of
trips and vessels will 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 3.0 inch (7.62 cm) minimum
mesh size requirement. This mesh size
was selected to allow for escapement of
unmarketable butterfish and butterfish
below the size at which 50 percent are
sexually mature. Based on inspection of
the size composition of discarded
butterfish from unpublished sea
sampling data, the minimum marketable
size for butterfish is approximately 5.5
inches (14.0 cm). Based on a
scientifically supported selection factor
of 1.8, the mesh size corresponding to
an L50 of 14 cm is 7.78 cm, or about 3.0
inches. 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. This alternative
was rejected because of the need to
reduce discards of juvenile butterfish.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: October 24, 2006.
William T. Hogarth,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
For the reasons stated in the preamble,
50 CFR part 648 is amended as follows:
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I
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
I
Authority: 16 U.S.C. 1801 et seq.
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2. In § 648.4, the introductory text of
paragraph (a)(5)(i) is added to read as
follows:
I
§ 684.4
Vessel permits.
(a) * * *
(5) * * *
(i) Loligo squid/butterfish and Illex
squid moratorium permits Illex squid
moratorium is in effect until July 1,
2009).
*
*
*
*
*
I 3. In § 648.14, paragraphs (a)(74),
(p)(5), and (p)(11) are 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).
*
*
*
*
*
I 4. In § 648.21, paragraph (d) is added
to read as follows:
§ 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
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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.
*
*
*
*
*
I 5. In § 648.23, paragraph (a) is added
to read as follows:
§ 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.
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(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 17⁄8
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
M1
M2
M3
M4
M5
M6
M7
M8
M9
M10
M11
M12
M13
M14
M15
M16
M17
M18
M19
M20
M21
M22
M23
M24
N. Lat.
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′
63271
W. Long.
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′
74°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 17⁄8
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 paragraphs (c) and (d) of this section,
when the vessel is landward of the
specified coordinates.
*
*
*
*
*
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]]>Agencies
[Federal Register Volume 71, Number 209 (Monday, October 30, 2006)]
[Rules and Regulations]
[Pages 63268-63271]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-18188]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 060719196-6271-02; I.D. 071106F]
RIN 0648-AU54
Fisheries of the Northeastern United States; Atlantic Mackerel,
Squid, and Butterfish Fisheries; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: NMFS implements this final rule to clarify the expiration date
of the limited entry program for Illex squid, reestablish a minimum
mesh requirement for the butterfish fishery, and remove a regulatory
requirement for annual specifications to be published by a specific
date. These measures were initially implemented by the final rule
implementing the specifications for the 2005 fishing year for Atlantic
mackerel, squid, and butterfish (MSB). These regulatory measures were
intended to be of a permanent nature, unlike the 2005 specifications
themselves, which were effective through December 31, 2005. An error in
the final rule caused these three measures to expire; this rule
restores 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: Effective November 29, 2006.
ADDRESSES: Copies of supporting documents used by the Mid-Atlantic
Fishery Management Council (Council),
[[Page 63269]]
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.
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 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 be effective through December
31,2005. However, in the dates section of the final rule, the
distinction between the effective dates of the 2005 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 action permanently reestablishes the regulatory measures as
intended.
On August 2, 2006, a proposed rule was published in the Federal
Register (71 FR 43707) soliciting public comment. This final rule
addresses the public comment that was received during the comment
period which ended on August 17, 2006. No changes were made to the
rule.
Comments and Responses
One comment was received in response to the proposed rule. It
identified issues about fisheries management that were not relevant to
the proposed measures. Therefore, the comment is not responded to in
this final rule.
Final 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 (March 21, 2005, 70 FR 13406), the
text reflecting the extension was not identified as a permanent
regulation and, therefore, expired on January 1, 2006. This final rule
specifies the July 1, 2009, expiration date in the regulatory text, as
was intended.
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 final rule re-
establishes the minimum mesh size requirements in the regulations.
Annual Specifications
The final rule 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 rule re-instates 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 Executive Order 12866.
The final rule contains the FRFA prepared pursuant to 5 U.S.C.
604(a) for these measures, as analyzed in the 2005 MSB specifications.
The FRFA consists of the IRFA and the summary of impacts and
alternatives contained in this final rule. No comments were received on
the IRFA or economic impacts of the rule. 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.
Summary of Objective and Need
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 final rule and the proposed rule for the 2005 MSB
specifications and is not repeated here.
Summary of Significant Issues Raised by Public Comment
One comment was received in response to the proposed rule. It
identified issues about fisheries management that were not relevant to
the proposed measures. Therefore, the comment is not responded to in
this final rule.
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 Regulatory Flexibility Act. 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 re-establishment of the regulation to specify the expiration
date of the limited entry program for Illex squid and the removal of
the regulatory text that specified dates by which annual specifications
must be published have no economic impacts.
The economic impacts of the re-establishment of the measure to
require the use of a 3.0-inch (7.62 cm) minimum codend mesh size for
otter trawl trips landing more than 5,000 lb (2,278 kg) of butterfish
were analyzed. 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 3.0-inch (7.62-cm)
mesh requirement only applies to otter trawl trips landing 5,000 lb
(2,278 kg) or more of butterfish. In terms of
[[Page 63270]]
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 measure will be negligible,
because the vast majority of trips and vessels will 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 3.0 inch (7.62 cm) minimum mesh size requirement. This mesh size
was selected to allow for escapement of unmarketable butterfish and
butterfish below the size at which 50 percent are sexually mature.
Based on inspection of the size composition of discarded butterfish
from unpublished sea sampling data, the minimum marketable size for
butterfish is approximately 5.5 inches (14.0 cm). Based on a
scientifically supported selection factor of 1.8, the mesh size
corresponding to an L50 of 14 cm is 7.78 cm, or about 3.0 inches. 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. This
alternative was rejected because of the need to reduce discards of
juvenile butterfish.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: October 24, 2006.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
0
For the reasons stated in the preamble, 50 CFR part 648 is amended as
follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
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) * * *
(5) * * *
(i) Loligo squid/butterfish and Illex squid moratorium permits
Illex squid moratorium is in effect until July 1, 2009).
* * * * *
0
3. In Sec. 648.14, paragraphs (a)(74), (p)(5), and (p)(11) are 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).
* * * * *
0
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.
* * * * *
0
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.
[[Page 63271]]
(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 74[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 paragraphs (c) and (d) of this
section, when the vessel is landward of the specified coordinates.
* * * * *
[FR Doc. E6-18188 Filed 10-27-06; 8:45 am]
BILLING CODE 3510-22-S
