Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Amendment 9, 18483-18489 [E8-7025]
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Federal Register / Vol. 73, No. 66 / Friday, April 4, 2008 / Proposed Rules
issued under this section may be affixed
to each Pacific bluefin tuna purchased
or received by the permit holder. If so
tagged, the tag must be affixed to the
tuna between the fifth dorsal finlet and
the keel.
(4) Removal of tags. A tag, as defined
in this subpart and affixed to any
bluefin tuna, must remain on the tuna
until it is cut into portions. If the bluefin
tuna or bluefin tuna parts are
subsequently packaged for transport for
domestic commercial use or for export,
the number of each dealer tag or BCD
tag must be written legibly and indelibly
on the outside of any package
containing the bluefin tuna or bluefin
tuna parts. Such tag number also must
be recorded on any document
accompanying the consignment of
bluefin tuna or bluefin tuna parts for
commercial use or export.
(5) Labeling. The tag number of a BCD
tag affixed to each Pacific bluefin tuna
under this section must be recorded on
NMFS reports required by § 300.183, on
any documents accompanying the
consignment of Pacific bluefin tuna for
domestic commercial use or export as
indicated in § 300.185, and on any
additional documents that accompany
the consignment (e.g., bill of lading,
customs manifest, etc.) of the tuna for
commercial use or for export.
(6) Reuse. BCD tags issued under this
section are separately numbered and
may be used only once, one tag per
Pacific bluefin tuna, to distinguish the
purchase of one Pacific bluefin tuna.
Once affixed to a tuna or recorded on
any package, container or report, a BCD
tag and associated number may not be
reused.
9. Section 300.188 is revised to read
as follows:
ebenthall on PRODPC61 with PROPOSALS
§ 300.188
Ports of entry.
NMFS shall monitor the importation
of fish or fish products regulated under
this subpart into the United States. If
NMFS determines that the diversity of
handling practices at certain ports at
which fish or fish products regulated
under this subpart are being imported
into the United States allows for
circumvention of the consignment
document requirement, NMFS may
undertake a rulemaking to designate,
after consultation with the CBP, those
ports at which fish or fish products
regulated under this subpart from any
ocean area may be imported into the
United States.
10. In § 300.189, paragraphs (h)
through (j), and (m) are revised and
paragraph (n) is added to read as
follows:
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§ 300.189
Prohibitions.
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(h) Validate consignment documents
or re-export certificates without
authorization as specified in § 300.187.
(i) Validate consignment documents
or re-export certificates as provided for
in § 300.187 with false information.
(j) Remove any NMFS-issued
numbered tag affixed to any Pacific
bluefin tuna or any tag affixed to a
bluefin tuna imported from a country
with a BCD tag program before removal
is allowed under § 300.187; fail to write
the tag number on the shipping package
or container as specified in § 300.187; or
reuse any NMFS-issued numbered tag
affixed to any Pacific bluefin tuna, or
any tag affixed to a bluefin tuna
imported from a country with a BCD tag
program, or any tag number previously
written on a shipping package or
container as prescribed by § 300.187.
(m) Fail to provide a validated
consignment document for imports at
time of entry into the Customs territory
of the United States of fish or fish
products regulated under this subpart
except shark fins, regardless of whether
the importer, exporter, or re-exporter
holds a valid trade permit issued
pursuant to § 300.182 or whether the
fish products are imported as an entry
for consumption.
(n) Import or accept an imported
consignment of fish or fish products
regulated under this subpart, except
shark fins, without an original,
completed, approved, validated,
species-specific consignment document
and re-export certificate (if applicable)
with the required information and
exporter’s certification completed.
CHAPTER VI
PART 635—ATLANTIC HIGHLY
MIGRATORY SPECIES
11. The authority citation for 50 CFR
part 635, continues to read as follows:
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C.
1801 et seq.
§ 635.2
[Amended]
12. In § 635.2, the definition of
‘‘Import’’ is removed.
13. In § 635.5, paragraph (b)(2)(i)(B) is
revised to read as follows:
§ 635.5
Recordkeeping and reporting.
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(b) * * *
(2) * * *
(i) * * *
(B) Bi-weekly reports. Each dealer
with a valid Atlantic tunas permit under
§ 635.4 must submit a complete biweekly report on forms available from
NMFS for BFT received from U.S.
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18483
vessels. For BFT received from U.S.
vessels on the 1st through the 15th of
each month, the dealer must submit the
bi-weekly report form to NMFS, to be
received by NMFS, not later than the
25th of that month. Reports of BFT
received on the 16th through the last day
of each month must be received by
NMFS not later than the 10th of the
following month.
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[FR Doc. E8–7068 Filed 4–3–08; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 071219865–7563–01]
RIN 0648–AP60
Fisheries of the Northeastern United
States; Atlantic Mackerel, Squid, and
Butterfish Fisheries; Amendment 9
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
SUMMARY: NMFS proposes regulations to
implement measures in Amendment 9
to the Atlantic Mackerel, Squid, and
Butterfish (MSB) Fishery Management
Plan (FMP). Amendment 9 was
developed by the Mid-Atlantic Fishery
Management Council (Council) to
remedy deficiencies in the FMP and to
address other issues that have arisen
since Amendment 8 to the FMP became
effective in 1999. Amendment 9 would
establish multi-year specifications for
all four species managed under the FMP
(mackerel, butterfish, Illex squid (Illex),
and Loligo squid (Loligo)) for up to 3
years; extend the moratorium on entry
into the Illex fishery, without a sunset
provision; adopt biological reference
points recommended by the Stock
Assessment Review Committee (SARC)
for Loligo; designate essential fish
habitat (EFH) for Loligo eggs based on
best available scientific information;
and prohibit bottom trawling by MSBpermitted vessels in Lydonia and
Oceanographer Canyons.
DATES: Public comments must be
received no later than 5 p.m., eastern
standard time, on May 19, 2008.
ADDRESSES: A final supplemental
environmental impact statement (FSEIS)
was prepared for Amendment 9 that
describes the proposed action and other
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considered alternatives and provides a
thorough analysis of the impacts of the
proposed measures and alternatives.
Copies of Amendment 9, including the
FSEIS, the Regulatory Impact Review
(RIR), and the 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
FSEIS/RIR/IRFA is accessible via the
Internet at https://www.nero.nmfs.gov.
You may submit comments, identified
by RIN 0648–AP60, by any one of the
following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking portal https://
www.regulations.gov;
• Fax: (978) 281–9135, Attn: Carrie
Nordeen;
• 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 MSB
Amendment 9.’’
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information
(e.g., name, address, etc.) voluntarily
submitted by the commenter may be
publicly accessible. Do not submit
Confidential Business Information or
otherwise sensitive or protected
information. NMFS will accept
anonymous comments. Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF formats only.
FOR FURTHER INFORMATION CONTACT:
Carrie Nordeen, Fishery Policy Analyst,
978- 281–9272, fax 978–281–9135.
SUPPLEMENTARY INFORMATION:
Background
This amendment is needed to remedy
deficiencies in the FMP and to address
other issues that have arisen since
Amendment 8 to the FMP (64 FR 57587,
October 26, 1999) became effective in
1999. Amendment 8 was only partially
approved by NMFS because the
amendment inadequately addressed
some Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) requirements
for Federal FMPs. Specifically, the
amendment was considered deficient
with respect to: Consideration of fishing
gear impacts on EFH as they relate to
MSB fisheries; designation of EFH for
Loligo eggs; and the reduction of
bycatch and discarding of target and
non-target species in the MSB fisheries.
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An earlier draft of Amendment 9,
adopted by the Council on February 15,
2007, contained several management
measures intended to address
deficiencies in the MSB FMP that relate
to discarding, especially as they affect
butterfish. Specifically, these
management measures would have
attempted to reduce finfish discards by
MSB small-mesh fisheries through mesh
size increases in the directed Loligo
fishery, removal of mesh size
exemptions for the directed Illex fishery,
and establishment of seasonal Gear
Restricted Areas (GRAs). However, these
specific management alternatives were
developed in 2004, prior to the
butterfish stock being declared
overfished.
In February 2005, NMFS notified the
Council that the butterfish stock was
overfished and this triggered MagnusonStevens Act requirements to implement
rebuilding measures for the stock. In
response, Amendment 10 to the FMP
was initiated by the Council in October
2005. Amendment 10 contains a
rebuilding program for butterfish with
management measures designed to
reduce the fishing mortality on
butterfish that occurs through
discarding. Management measures that
reduce the discarding of butterfish are
expected to also reduce the bycatch of
other finfish species in MSB fisheries.
On June 13, 2007, the Council
recommended that all management
measures developed as part of
Amendment 9 to correct deficiencies in
the FMP related to bycatch of finfish,
especially butterfish, be considered in
Amendment 10. Accordingly, no action
is proposed in Amendment 9 to address
these issues. Through the development
and implementation of Amendment 10,
each of the measures to reduce the
bycatch of finfish will be given full
consideration. Additionally,
Amendment 10 will include updated
analyses on the effects of the
alternatives and, as Amendment 10 is
expected to be implemented soon after
Amendment 9, no meaningful delay in
addressing the bycatch deficiencies in
the FMP should occur.
The final version of Amendment 9
contains alternatives that consider
allowing for multi-year specifications
and management measures, extending
or eliminating the moratorium on entry
to the directed Illex fishery, revising the
biological reference points for Loligo,
designating EFH for Loligo eggs,
implementing area closures to reduce
gear impacts from MSB fisheries on EFH
of other federally-managed species,
increasing the incidental possession
limit for Illex vessels during a closure of
the Loligo fishery, and requiring real-
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time electronic reporting via vessel
monitoring systems in the Illex fishery.
The Council held four public meetings
on Amendment 9 during May 2007.
Following the public comment period
that ended on May 21, 2007, the Council
adopted Amendment 9 on August 6,
2007.
This rule proposes management
measures that were recommended by
the Council as part of Amendment 9.
Specifically, this rule proposes
measures that would: Allow for multiyear specifications for all four species
managed under the FMP (mackerel,
butterfish, Illex, and Loligo) for up to 3
years; extend the moratorium on entry
into the Illex fishery, without a sunset
provision; adopt biological reference
points for Loligo recommended by the
SARC; designate EFH for Loligo eggs
based on best available science
information; and prohibit bottom
trawling by MSB-permitted vessels in
Lydonia and Oceanographer Canyons.
A Notice of Availability (NOA) for
Amendment 9 was published on March
25, 2008. The comment period on the
NOA ends on May 27, 2008.
Proposed Measures
The proposed regulations are based
on the description of the measures in
Amendment 9; NMFS seeks comments
on all of the measures in Amendment 9.
Multi-Year Specifications and
Management Measures for MSB
Regulations at § 648.21 specify that
specifications for mackerel, Illex, and
butterfish are recommended to the
Council on an annual basis, and that
specifications for Loligo may be
specified for up to 3 years, subject to
annual review. To streamline the
administrative and regulatory process
involved in setting specifications and
management measures, Amendment 9
considered multi-year specifications for
all four species: Mackerel, Illex, Loligo,
and butterfish. Amendment 9 would not
establish any specifications measures;
rather it would affect the periodocity for
specifying such regulatory measures
through future Council actions. If the
Council chose to propose multi-year
specifications, Amendment 9 would
require an annual review of updated
information on the fishery by the MSB
Monitoring Committee, as is the current
practice, during the period of the multiyear specifications. The MSB
Monitoring Committee would examine
data collected from the fishery and
resource surveys and would alert the
Council of any changes, including those
of stock status, that might require a
revision to the specifications before the
multi-year period elapses.
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The proposed measure would allow
for specifications and management
measures for any or all of the four
species in the FMP to be set for up to
3 years, subject to annual review. In the
past, the specifications and management
measures for MSB fisheries have
remained fairly constant across years.
This proposed measure would still
enable the Council to respond to
changes in stock status, in any given
year, by modifying quotas or
management measures. However, if
changes were not necessary, the Council
and NMFS would not have to
recommend and implement annual
specifications and management
measures. Because this proposed
measure is largely administrative, it is
not anticipated that there will be effects
on the environment. This proposed
measure does have the potential to
provide MSB fishery participants with
an expanded planning horizon for
harvesting and processing activities;
therefore, it may have positive economic
effects for MSB fishery participants.
Moratorium on Entry into the Illex
Fishery
A fishery is considered
overcapitalized when the harvest
potential of the fishing fleet exceeds the
harvest at optimum yield (OY).
Amendment 9 considers the Illex fishery
overcapitalized; therefore, this
amendment considered alternatives that
would limit the potential for increases
in the harvest capacity of the large-scale,
directed Illex fishery.
In order to prevent excess harvest
capacity from developing in the largescale, directed Illex fishery, a
moratorium on new entry into this
fishery was established in 1997. In the
directed fishery, moratorium-permitted
vessels are not subject to any daily Illex
possession limit. As such, the maximum
potential Illex landings for moratoriumpermitted vessels are unlimited until 95
percent of the annual harvest quota has
been achieved in any given year. Once
95 percent of the annual quota has been
harvested, the possession limit for
vessels with Illex moratorium permits
becomes 10,000 lb (4.54 mt). The
moratorium on new entry was initially
scheduled to expire in 2002, but has
been extended several times through
framework actions. Currently, the
moratorium is scheduled to expire in
July 2009.
Throughout the year, a small-scale,
incidental catch fishery for Illex is
currently provided for through an openaccess Federal permit that allows
possession of up to 10,000 lb (4.54 mt)
of Illex on a single trip. In addition to
the 10,000–lb (4.54–mt) trip allowance
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for Illex, vessels in possession of this
permit are also allowed to land 2,500 lb
(1.13 mt) of Loligo squid and 2,500 lb
(1.13 mt) of butterfish in a single trip.
The Council has not proposed any
modifications to this permit in
Amendment 9.
Under the proposed Illex measure, the
scheduled expiration of the moratorium
would be eliminated. As such, new
entry into the directed commercial
fishery for Illex would be prohibited
indefinitely. The transfer of moratorium
permits from one participant to another
would only be allowed through the
transfer of ownership of a permitted
vessel. Since its implementation in
1997, there has been a slight decline in
the number of vessels issued an Illex
moratorium permit in any given year,
from a maximum of 77 in 1998, to 72
in 2003. Under the proposed action, the
size of the directed Illex fleet could not
expand beyond the number of permitted
vessels in the year in which
Amendment 9 is implemented, thereby
preventing expansion in a fishery that is
already overcapitalized and offering the
greatest degree of protection to historic
participants in the directed Illex fishery.
The proposed measure is anticipated
to have economic benefits for historical
participants already possessing Illex
moratorium permits and the potential to
negatively affect those wanting to
become an Illex fishery participant in
the future.
subject the Loligo stock to overfishing.
The revised proxies for FTarget and
FThreshold proposed in this rule are fixed
values based on average fishing
mortality rates achieved during a time
period when the stock biomass was
fairly resilient (1987 - 2000). The
revised proxies are calculated as
follows: FTarget is the 75th percentile of
fishing mortality rates during 1987 2000 and FThreshold is the average fishing
mortality rates during the same period.
The revised proxy for FTarget (0.32 or
0.24 for trimesters and quarters,
respectively) would be used as the basis
for establishing Loligo OY. However, it
should be noted that it is currently not
possible to accurately predict Loligo
stock biomass because recruitment,
which occurs throughout the year, is
highly variable inter-annually and
influenced by changing environmental
conditions.
Biological reference points that ensure
an adequate number of spawners
produce adequate recruitment in the
subsequent year are considered most
appropriate for squid species. However,
until such reference points can be
reliably estimated for the Loligo stock,
the revised reference points in
Amendment 9 and proposed in this rule
would serve as an intermediate step for
calculating harvest levels that are more
robust, with respect to stock
sustainability, than status quo reference
points.
Biological Reference Points for Loligo
Regulations at § 600.315 state that
conservation and management measures
should be based upon the best scientific
information available, and that FMPs
should be amended on a timely basis, as
new information indicates the necessity
for change in objectives or management
measures. Therefore, Amendment 9
considered revising the proxies for
target and threshold fishing mortality
rates, FTarget and FThreshold, respectively,
for Loligo to reflect the analytical advice
provided by the most recent Loligo stock
assessment review committee (SARC
34). While Amendment 9 considered
revising the formulas and values for
these reference points, the function of
the reference points remains unchanged.
FTarget is the basis for determining OY
and FThreshold determines whether
overfishing is occurring.
Because Loligo is a sub-annual species
(i.e., has a lifespan of less than 1 year),
the stock is solely dependent on
sufficient recruitment year to year to
prevent stock collapse. The status quo
proxies for FTarget (75 percent of the
fishing morality rate supporting
maximum sustainable yield (FMax)) and
FThreshold (FMax) may be too liberal and
Designation of EFH for Loligo Eggs
Amendment 9 considered designating
EFH for Loligo eggs in order to bring the
FMP into compliance with the
Magnuson-Stevens Act requirement that
FMPs describe and identify EFH for
each life history stage of a managed
species. The MSB FMP currently
identifies and describes EFH for all life
stages of MSB species for which
information is available, with the
exception of Loligo eggs. Loligo eggs are
found attached to rocks and boulders on
sand or mud bottom, as well as attached
to aquatic vegetation in coastal and
offshore bottom habitats from Georges
Bank southward to Cape Hatteras.
Generally, the following conditions
exist where Loligo egg EFH is found:
Bottom water temperatures between 10°
C and 23° C; salinities of 30 to 32 ppt;
and depths less than 50 m. Locations of
fishery interactions with Loligo eggs are
reported in Hatfield, E. M. C. and S. X.
Cadrin. 2002. Geographic and temporal
patterns in size and maturity of the
longfin inshore squid (Loligo pealeii) off
the northeastern United States. Fish.
Bull. 100 (2): 200–213.
This action proposes to add the above
description of EFH for Loligo eggs to the
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FMP. Some Council members expressed
concern that the proposed Loligo egg
EFH areas are based on anecdotal
information (i.e., interviews with
fishermen). Also, they considered it
likely that the proposed EFH areas are
not constant, but instead shift from year
to year. Nevertheless, the information
on the locations of Loligo eggs provided
in Hatfield and Cadrin (2002) is the best
scientific information that is currently
available. Additionally, EFH
designations are meant to include
habitat areas used in different years.
Failure to designate EFH for Loligo eggs
in Amendment 9 would be inconsistent
with the EFH requirements of the
Magnuson-Stevens Act.
To the degree that EFH is vulnerable
to damage by fishing and/or non-fishing
activities, management oversight of
these activities in areas designated as
EFH for a given life stage of any
managed resource will allow for direct
and indirect benefits for that resource.
That oversight cannot occur, however,
without first identifying the
geographical locations of EFH.
Amendment 9 identifies EFH for Loligo
eggs based upon documented
observations. By implementing this
action, fishing and/or non-fishing
activities would not be restricted.
However, a requirement would be
established whereby NMFS must be
consulted to determine whether future
Federal non-fishing activities would
adversely impact Loligo egg EFH. Also,
potential adverse impacts of MSB
fisheries on Loligo egg EFH would have
to be evaluated in a future management
action. A range of habitat protection
measures exist that could be
implemented if protection of Loligo egg
EFH is determined to be necessary. The
common feature of these measures is
that they conserve or enhance EFH. This
could be accomplished by preventing or
mitigating non-fishing activities in EFH
areas or by reducing fishing effort, or
restricting the use of certain gear types
or configurations in those areas. Habitat
protection provided by these actions
would also be extended to other species
and ecosystem functions that utilize or
are affected by Loligo egg EFH.
Prohibition on Bottom Trawling to
Reduce Gear Impacts on EFH by MSB
Fisheries
Amendment 9 considered reducing
gear impacts on EFH by MSB fisheries
in order to bring the FMP into
compliance with the Magnuson-Stevens
Act requirements. The FMP currently
lacks adequate analysis of the effects of
MSB fisheries on EFH for federally
managed species within the geographic
scope of the MSB fisheries. Such an
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analysis has been conducted as part of
Amendment 9, and the results indicate
that actions could be taken that would
reduce impacts to EFH for federally
managed species related to the activities
of the MSB fisheries by prohibiting
bottom trawling by MSB-permitted
vessels. The proposed action is not
intended to minimize adverse impacts
to EFH for Loligo, Illex, mackerel, or
butterfish, since EFH for the pelagic life
stages of these species was determined
to be not vulnerable to the effects of
fishing.
This action proposes to prohibit
bottom trawling in Lydonia and
Oceanographer Canyons by MSBpermitted vessels. MSB-permitted
vessels transiting these canyons would
need to stow all bottom trawl gear.
While Lydonia and Oceanographer
Canyons are only minimally used by
vessels with bottom trawl gear, this
action will prevent future expansion of
MSB fisheries into these canyons. This
prohibition was determined to be
practicable by the Council and is similar
to regulations associated with the New
England Fishery Management Council’s
Monkfish FMP (i.e., vessels on a
monkfish day-at-sea are prohibited from
entering these canyons). Even though
this action does not prohibit bottom
trawling by other federally permitted
vessels in Lydonia and Oceanographer
Canyons, this prohibition would benefit
habitat in these canyons by deceasing
localized damage from bottom trawling.
Decreased fishery interactions with the
managed stocks, non-target species, and
protected and endangered species in
Lydonia and Oceanographer Canyons
are also expected, and this would
correspond to localized benefits to these
resources. The areas affected by the
proposed measure represent 3 percent of
the total EFH for juvenile tilefish, but
not more than 2 percent for any other
species.
Short-term costs to fishery
participants are related to the size of the
area where bottom trawling would be
prohibited and how frequently those
areas are utilized by fishery participants
(see IRFA for complete economic
analysis). The prohibition of bottom
trawling by MSB-permitted vessels in
Lydonia and Oceanographer Canyons is
likely to have a minimal impact on
revenues both for vessel owners and
ports. Other restricted area alternatives
considered by the Council would have
provided greater habitat protection, but
were not practicable because their
potential economic impact would be
higher.
Public comments are being solicited
on Amendment 9 and its incorporated
documents through the end of the
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comment period, May 27, 2008, stated
in the NOA for Amendment 9 (73 FR
15716, March 25, 2008). Public
comments on the proposed rule must be
received by May 27, 2008, the end of the
comment period specified in the NOA
for Amendment 9, to be considered in
the approval/disapproval decision on
the amendment. All comments received
by May 27, 2008, whether specifically
directed to Amendment 9 or the
proposed rule, will be considered in the
approval/disapproval decision on
Amendment 9. Comments received after
that date will not be considered in the
decision to approve or disapprove
Amendment 9. To be considered,
comments must be received by 5 pm,
eastern standard time, on the last day of
the comment period.
Classification
Pursuant to section 304 (b)(1)(A) of
the Magnuson-Stevens Act, NMFS has
determined that this proposed rule is
consistent with the FMP, other
provisions of the Magnuson-Stevens
Act, and other applicable law, subject to
further consideration after public
comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
The Council prepared an FSEIS for
Amendment 9; a notice of availability
was published on March 28, 2008 (73
FR 16672). The FSEIS describes the
impacts of the proposed Amendment 9
measures on the environment. The
proposed measures that would allow for
multi-year specifications and revised
biological reference points for Loligo are
largely administrative. However, they
will provide for an expanded planning
horizon for harvesting and processing
activities and a fixed constant as a basis
for the fishing target definition,
respectively. The measure to designate
EFH for Loligo eggs will not directly
affect the environment, but it will allow
future impacts to EFH for Loligo eggs to
be identified and mitigated. Extending
the moratorium on entry into the Illex
fishery without a sunset provision and
prohibiting bottom trawling by MSBpermitted vessels in Lydonia and
Oceanographer Canyons will have shortterm, negative economic impacts, but
are expected to have long-term benefits
on the biological and physical
environment.
The IRFA for this action is
summarized below, 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 description of the action, why it is
being considered, and the legal basis for
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this action are contained in the
preamble of this rule. A summary of the
IRFA follows:
Description and Estimate of Number of
Small Entities to Which the Rule Would
Apply
There are no large entities
participating in this fishery, as none
grossed more than 4 million dollars
annually, therefore, there are no
disproportionate economic impacts on
small entities. The proposed measures
in Amendment 9 would affect all MSBpermitted vessels; however, many of the
proposed measures (e.g., multi-year
specifications, revised biological
reference points for Loligo, designation
of EFH for Loligo eggs) are not expected
to have direct economic impacts.
Section 6.5 (Human Communities) in
Amendment 9 describes the number of
vessels, key ports, and revenue
information for each of the MSB
fisheries; therefore, that information is
not repeated here.
ebenthall on PRODPC61 with PROPOSALS
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.
Economic Impacts of the Proposed
Action Compared to Significant NonSelected Alternatives
As described previously, several of
the proposed measures in Amendment 9
are not anticipated to have direct
economic effects on MSB fisheries.
Implementing multi-year specifications
and management measures for all four
managed species has the potential to
provide MSB fishery participants with
an expanded planning horizon for
harvesting and processing activities.
Therefore, it may have positive
economic effects for MSB fishery
participants when compared to the nonselected alternative of no action (annual
specifications and management
measures for mackerel, Illex, and
butterfish; multi-year specifications and
management measures for Loligo). This
could lead to better business plans and
ultimately greater economic benefits.
Amendment 9 contained two
alternatives that would have provided
for multi-year specifications and
management measures; the proposed
action allows for multi-year
specifications for up to 3 years, subject
to annual review, and a non-selected
alternative would have provided for
multi-year specifications for up to 5
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14:11 Apr 03, 2008
Jkt 214001
years, subject to annual review. The 3year alternative was selected as the
proposed action because management
based on 3-year stock projections, rather
than 5-year stock projections, is likely
more appropriate for MSB species, given
their relatively brief life spans, but it is
difficult to assign a dollar value to this
effect.
The proposed revisions to biological
reference points (FTarget and FThreshold) for
Loligo are primiarily administrative and
are not expected to have direct
economic effects on fishery participants.
Revising the reference points is
consistent with Magnuson-Stevens Act
requirements to use the best scientific
information available, as compared to
the non-selective alternative of no
action (using status quo reference points
for FTarget and FThreshold), but the
economic impacts of the proposed
action are difficult to predict. The
revised reference points are not
expected to result in an immediate
change in the Loligo quota; the annual
quota has been set at 17,000 mt each
year since 2001. Consumer demand for
Loligo will affect Loligo prices, which,
in turn, will result in economic impacts
on Loligo harvesters, processors, and
consumers that are currently
unquantifiable. To those consumers for
whom Loligo is a desirable food item,
increased availability of the resource, if
it occurs, would be expected to provide
a beneficial effect. If, on the other hand,
the Loligo stock size decreases such that
harvest costs increase, then Loligo prices
would be expected to increase. Because
the revised biological reference points
are considered more robust, with
respect to stock sustainability, than the
status quo reference points, it is
expected that there would be some longterm economic benefits associated with
the revised reference points as
compared to benefits associated with
the status quo reference points.
Additionally, the proposed measure
of designating EFH for Loligo eggs is not
anticipated to have any direct economic
effects on MSB participants, when
compared to the non-selected
alternative of not designating EFH for
Loligo eggs. Designating EFH for Loligo
eggs does not result in an immediate
action that would restrict fishing or nonfishing activities. However, a
requirement would be established
whereby consultation with NMFS
would be required for future Federal
fishing and non-fishing activities that
may adversely affect Loligo egg EFH.
The proposed meaure has the potential
to indirectly impact human
communities if, at some point in the
future, management actions are
implemented in order to reduce fishing
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
18487
effort or decrease non-fishing impacts in
those EFH areas. Because the specifics
of any future actions are speculative at
this point, it is unclear what the nature
of the impacts on human communities,
if any, would be. In the long term,
however, protection of habitat needed
by Loligo eggs is expected to improve
the sustainability of the Loligo resource,
and other managed resources that share
those habitats, indirectly benefitting
human communities dependent on
those resources. An analysis of the
likely impacts of specific future actions
would be required prior to their
implementation.
Amendment 9 contains two proposed
measures that may have economic
effects on MSB fisheries. The first of
these proposed measures is extending
the moratorium on entry into the Illex
fishery, without a sunset provision.
Because the present fleet is capable of
harvesting in excess of the recent Illex
quota of 24,000 mt, there is a clear need
for a moratorium on entry into the
fishery. International market reports
suggesting that the world supplies of
squid will be tight for several years and,
therefore, prices are expected to be high,
coupled with the fact that resource
productivity is low to moderate,
supports making the moratorium
permanent. Unfortunately, the benefits
and costs of the moratorium options
cannot be easily analyzed. The available
information suggests that, if the
moratorium were terminated (a nonselected alternative) or were allowed to
expire in 2009 (a non-selected
alternative), and economic and resource
conditions remain relatively unchanged
from recent levels, there would not be
any substantial increase in landings of
Illex relative to the landings likely to
occur, with or without a moratorium. If,
however, economic conditions changed
to promote increased activity on Illex as
occurred in 2004, landings of Illex
would increase. Moratorium alternatives
offer protection against risk of an
expanding fishery and risk of further
depressing the resource. These options,
however, do not appear to generate
landings, revenue, or potential benefit
streams any different that those levels
most likely to occur with a removal of
the moratorium (given current
conditions). Moratorium alternatives
(without a sunset provision (proposed
action) or without a sunset provision,
but allowing new entry through permit
transfer (a non-selected alternative))
would impose some short-term costs in
that they constrain expansion of the
fishery, either until 2009 or
permanently. That is, individuals
desiring to enter the fishery would be
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denied the potential revenues that might
be realized if they could land more Illex,
unless they purchased an Illex
permitted vessel (proposed action) or an
existing Illex permit (non-selected
alternative). Failure to extend the
moratorium could result in further
overcapitalization of this sector of the
fishing industry, which in turn could
have negative economic consequences
for the vessels and communities that
depend upon the Illex resource.
Extension of the Illex moratorium
program would provide positive
benefits to the communities that are
dependent on the commercial Illex
fishery. The primary ports and
surrounding communities where Illex
are landed would be the most affected
by this action (see Section 6.5.1 of
Amendment 9 for information on
primary ports).
The second proposed measure in
Amendment 9 that may have economic
effects on MSB fisheries is prohibiting
bottom trawling in Lydonia and
Oceanographer Canyons by MSBpermitted vessels. The proposed action
and non-selected alternatives
prohibiting bottom trawling (either at
the head of Hudson Canyon or in the
tilefish habitat area of particular
concern (HAPC)) would benefit habitat
in the closed areas by decreasing
localized damage from bottom trawling
by MSB-permitted vessels as compared
to the no action, non-selected
alternative (no new areas closed to
bottom trawling by MSB-permitted
vessels). Decreased fishery interactions
with the managed stocks, non-target
species, and protected and endangered
species are also expected to be
associated with action alternatives, and
this would correspond to localized
benefits to these resources.
Short-term costs to fishery
participants are related to the size of the
closure area. Analyses of ex-vessel
revenues from MSB-permitted bottom
trawl vessels were conducted for 2001–
2004. The results indicated that closing
tilefish HAPC (non-selected alternative)
to bottom otter trawling during that
period would have reduced annual
revenue from bottom otter trawling by
10 percent or more for about 162 MSBpermitted vessels. With regard to port
impacts, ex-vessel revenues from MSBpermitted bottom trawling in the tilefish
HAPC area represented large
percentages of total revenues (30 - 50
percent) from Point Judith, RI; Point
Pleasant, NJ; Montauk, NY; Point
Lookout, NY; and Hampton Bays, NY.
Closing the Head of Hudson Canyon
(non-selected alternative) to bottom
otter trawling in 2001–2004 would have
reduced ex-vessel revenues by 10
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14:29 Apr 03, 2008
Jkt 214001
percent or more for about 64 MSBpermitted bottom trawl vessels. Ports
that would experience the greatest
percentage of revenue loss consist of
Belford, NJ (13.9 percent); Elizabeth, NJ
(16.5 percent); Point Pleasant, NJ (33.6
percent); and Point Lookout, NY (46.6
percent). Geographical analysis of
fishing effort reveals minimal use of
bottom trawl gear in Lydonia and
Oceanographer Canyons; therefore, the
closure of Lydonia and Oceanographer
Canyons (proposed action) would likely
have minimal impacts on revenues both
for vessel owners and ports.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
Dated: March 28, 2008.
James W. Balsiger,
Acting Assistant Administrator For Fisheries,
National Marine Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 648 is proposed
to be amended as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.4, paragraph (a)(5)(i) is
revised to read as follows:
§ 648.4
Vessel permits.
*
*
*
*
*
(a) * * *
(5) * * *
(i) Loligo squid/butterfish and Illex
squid moratorium permits.
*
*
*
*
*
3. In § 648.14, paragraph (p)(12) is
added to read as follows:
§ 648.14
Prohibitions.
*
*
*
*
*
(p) * * *
(12) Enter or be in the areas described
at § 648.23(a)(5).
*
*
*
*
*
4. In § 648.20, paragraph (b) is revised
to read as follows:
§ 648.20
processing (DAP) for Illex squid, which,
subject to annual review, may be
specified for a period of up to 3 years;
(2) IOY, including RQ, DAH, DAP,
and bycatch level of the total allowable
level of foreign fishing (TALFF), if any,
for butterfish, which, subject to annual
review, may be specified for a period of
up to 3 years;
(3) IOY, including RQ, DAH, DAP,
joint venture processing (JVP), if any,
and TALFF, if any, for mackerel, which,
subject to annual review, may be
specified for a period of up to 3 years.
The Monitoring Committee may also
recommend that certain ratios of
TALFF, if any, for mackerel to
purchases of domestic harvested fish
and/or domestic processed fish be
established in relation to the initial
annual amounts.
(4) Initial OY (IOY), including
research quota (RQ), domestic annual
harvest (DAH), and domestic annual
processing (DAP) for Loligo squid,
which, subject to annual review, may be
specified for a period of up to 3 years;
and
*
*
*
*
*
6. In § 648.23, paragraph (a)(5) is
added to read as follows:
§ 648.23
OCEANOGRAPHER CANYON
Maximum optimum yield.
*
*
*
*
(b) Loligo - the catch associated with
a fishing mortality rate of FThreshold.
*
*
*
*
*
5. In § 648.21, paragraphs (a)(1), (a)(2),
(a)(3), and (a)(4) are revised to read as
follows:
Gear restrictions.
(a) * * *
(5) Mackerel, squid, and butterfish
bottom trawling restricted areas–(i)
Oceanographer Canyon. No permitted
mackerel, squid, or butterfish vessel
may fish with bottom trawl gear in the
Oceanographer Canyon or be in the
Oceanographer Canyon unless
transiting. Vessels may transit this area
provided the bottom trawl gear is
stowed in accordance with the
provisions of paragraph (b) of this
section. Oceanographer Canyon is
defined by straight lines connecting the
following points in the order stated
(copies of a chart depicting this area are
available from the Regional
Administrator upon request):
Point
N. Lat.
W. Long.
40°10.0′
40°24.0′
40°24.0′
40°10.0′
40°10.0′
68°12.0′
68°09.0′
68°08.0′
67°59.0′
68°12.0′
*
§ 648.21 Procedures for determining initial
annual amounts.
*
*
*
*
*
(a)* * *
(1) Initial OY (IOY), including
research quota (RQ), domestic annual
harvest (DAH), and domestic annual
PO 00000
Frm 00028
Fmt 4702
Sfmt 4702
OC1
OC2
OC3
OC4
OC1
(ii) Lydonia Canyon. No permitted
mackerel, squid, or butterfish vessel
may fish with bottom trawl gear in the
Lydonia Canyon or be in the Lydonia
Canyon unless transiting. Vessels may
transit this area provided the bottom
trawl gear is stowed in accordance with
the provisions of paragraph (b) of this
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ebenthall on PRODPC61 with PROPOSALS
section. Lydonia Canyon is defined by
straight lines connecting the following
points in the order stated (copies of a
chart depicting this area are available
from the Regional Administrator upon
request):
VerDate Aug<31>2005
14:11 Apr 03, 2008
Jkt 214001
LYDONIA CANYON
Point
N. Lat.
Frm 00029
Fmt 4702
67°34.0′
67°42.0′
67°43.0′
67°40.0′
67°38.0′
Point
W. Long.
40°16.0′
40°16.0′
40°20.0′
40°27.0′
40°27.0′
LC1
LC2
LC3
LC4
LC5
PO 00000
LYDONIA CANYON—Continued
Sfmt 4702
N. Lat.
40°16.0′
LC1
*
*
*
*
W. Long.
67°34.0′
*
[FR Doc. E8–7025 Filed 4–3–08; 8:45 am]
BILLING CODE 3510–22–S
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Agencies
[Federal Register Volume 73, Number 66 (Friday, April 4, 2008)]
[Proposed Rules]
[Pages 18483-18489]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-7025]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 071219865-7563-01]
RIN 0648-AP60
Fisheries of the Northeastern United States; Atlantic Mackerel,
Squid, and Butterfish Fisheries; Amendment 9
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes regulations to implement measures in Amendment 9
to the Atlantic Mackerel, Squid, and Butterfish (MSB) Fishery
Management Plan (FMP). Amendment 9 was developed by the Mid-Atlantic
Fishery Management Council (Council) to remedy deficiencies in the FMP
and to address other issues that have arisen since Amendment 8 to the
FMP became effective in 1999. Amendment 9 would establish multi-year
specifications for all four species managed under the FMP (mackerel,
butterfish, Illex squid (Illex), and Loligo squid (Loligo)) for up to 3
years; extend the moratorium on entry into the Illex fishery, without a
sunset provision; adopt biological reference points recommended by the
Stock Assessment Review Committee (SARC) for Loligo; designate
essential fish habitat (EFH) for Loligo eggs based on best available
scientific information; and prohibit bottom trawling by MSB-permitted
vessels in Lydonia and Oceanographer Canyons.
DATES: Public comments must be received no later than 5 p.m., eastern
standard time, on May 19, 2008.
ADDRESSES: A final supplemental environmental impact statement (FSEIS)
was prepared for Amendment 9 that describes the proposed action and
other
[[Page 18484]]
considered alternatives and provides a thorough analysis of the impacts
of the proposed measures and alternatives. Copies of Amendment 9,
including the FSEIS, the Regulatory Impact Review (RIR), and the
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 FSEIS/RIR/IRFA is accessible via the Internet at http:/
/www.nero.nmfs.gov.
You may submit comments, identified by RIN 0648-AP60, by any one of
the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking portal https://
www.regulations.gov;
Fax: (978) 281-9135, Attn: Carrie Nordeen;
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 MSB Amendment 9.''
Instructions: All comments received are a part of the public record
and will generally be posted to https://www.regulations.gov without
change. All Personal Identifying Information (e.g., name, address,
etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information. NMFS will accept
anonymous comments. Attachments to electronic comments will be accepted
in Microsoft Word, Excel, WordPerfect, or Adobe PDF formats only.
FOR FURTHER INFORMATION CONTACT: Carrie Nordeen, Fishery Policy
Analyst, 978- 281-9272, fax 978-281-9135.
SUPPLEMENTARY INFORMATION:
Background
This amendment is needed to remedy deficiencies in the FMP and to
address other issues that have arisen since Amendment 8 to the FMP (64
FR 57587, October 26, 1999) became effective in 1999. Amendment 8 was
only partially approved by NMFS because the amendment inadequately
addressed some Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act) requirements for Federal FMPs. Specifically, the
amendment was considered deficient with respect to: Consideration of
fishing gear impacts on EFH as they relate to MSB fisheries;
designation of EFH for Loligo eggs; and the reduction of bycatch and
discarding of target and non-target species in the MSB fisheries.
An earlier draft of Amendment 9, adopted by the Council on February
15, 2007, contained several management measures intended to address
deficiencies in the MSB FMP that relate to discarding, especially as
they affect butterfish. Specifically, these management measures would
have attempted to reduce finfish discards by MSB small-mesh fisheries
through mesh size increases in the directed Loligo fishery, removal of
mesh size exemptions for the directed Illex fishery, and establishment
of seasonal Gear Restricted Areas (GRAs). However, these specific
management alternatives were developed in 2004, prior to the butterfish
stock being declared overfished.
In February 2005, NMFS notified the Council that the butterfish
stock was overfished and this triggered Magnuson-Stevens Act
requirements to implement rebuilding measures for the stock. In
response, Amendment 10 to the FMP was initiated by the Council in
October 2005. Amendment 10 contains a rebuilding program for butterfish
with management measures designed to reduce the fishing mortality on
butterfish that occurs through discarding. Management measures that
reduce the discarding of butterfish are expected to also reduce the
bycatch of other finfish species in MSB fisheries. On June 13, 2007,
the Council recommended that all management measures developed as part
of Amendment 9 to correct deficiencies in the FMP related to bycatch of
finfish, especially butterfish, be considered in Amendment 10.
Accordingly, no action is proposed in Amendment 9 to address these
issues. Through the development and implementation of Amendment 10,
each of the measures to reduce the bycatch of finfish will be given
full consideration. Additionally, Amendment 10 will include updated
analyses on the effects of the alternatives and, as Amendment 10 is
expected to be implemented soon after Amendment 9, no meaningful delay
in addressing the bycatch deficiencies in the FMP should occur.
The final version of Amendment 9 contains alternatives that
consider allowing for multi-year specifications and management
measures, extending or eliminating the moratorium on entry to the
directed Illex fishery, revising the biological reference points for
Loligo, designating EFH for Loligo eggs, implementing area closures to
reduce gear impacts from MSB fisheries on EFH of other federally-
managed species, increasing the incidental possession limit for Illex
vessels during a closure of the Loligo fishery, and requiring real-time
electronic reporting via vessel monitoring systems in the Illex
fishery. The Council held four public meetings on Amendment 9 during
May 2007. Following the public comment period that ended on May 21,
2007, the Council adopted Amendment 9 on August 6, 2007.
This rule proposes management measures that were recommended by the
Council as part of Amendment 9. Specifically, this rule proposes
measures that would: Allow for multi-year specifications for all four
species managed under the FMP (mackerel, butterfish, Illex, and Loligo)
for up to 3 years; extend the moratorium on entry into the Illex
fishery, without a sunset provision; adopt biological reference points
for Loligo recommended by the SARC; designate EFH for Loligo eggs based
on best available science information; and prohibit bottom trawling by
MSB-permitted vessels in Lydonia and Oceanographer Canyons.
A Notice of Availability (NOA) for Amendment 9 was published on
March 25, 2008. The comment period on the NOA ends on May 27, 2008.
Proposed Measures
The proposed regulations are based on the description of the
measures in Amendment 9; NMFS seeks comments on all of the measures in
Amendment 9.
Multi-Year Specifications and Management Measures for MSB
Regulations at Sec. 648.21 specify that specifications for
mackerel, Illex, and butterfish are recommended to the Council on an
annual basis, and that specifications for Loligo may be specified for
up to 3 years, subject to annual review. To streamline the
administrative and regulatory process involved in setting
specifications and management measures, Amendment 9 considered multi-
year specifications for all four species: Mackerel, Illex, Loligo, and
butterfish. Amendment 9 would not establish any specifications
measures; rather it would affect the periodocity for specifying such
regulatory measures through future Council actions. If the Council
chose to propose multi-year specifications, Amendment 9 would require
an annual review of updated information on the fishery by the MSB
Monitoring Committee, as is the current practice, during the period of
the multi-year specifications. The MSB Monitoring Committee would
examine data collected from the fishery and resource surveys and would
alert the Council of any changes, including those of stock status, that
might require a revision to the specifications before the multi-year
period elapses.
[[Page 18485]]
The proposed measure would allow for specifications and management
measures for any or all of the four species in the FMP to be set for up
to 3 years, subject to annual review. In the past, the specifications
and management measures for MSB fisheries have remained fairly constant
across years. This proposed measure would still enable the Council to
respond to changes in stock status, in any given year, by modifying
quotas or management measures. However, if changes were not necessary,
the Council and NMFS would not have to recommend and implement annual
specifications and management measures. Because this proposed measure
is largely administrative, it is not anticipated that there will be
effects on the environment. This proposed measure does have the
potential to provide MSB fishery participants with an expanded planning
horizon for harvesting and processing activities; therefore, it may
have positive economic effects for MSB fishery participants.
Moratorium on Entry into the Illex Fishery
A fishery is considered overcapitalized when the harvest potential
of the fishing fleet exceeds the harvest at optimum yield (OY).
Amendment 9 considers the Illex fishery overcapitalized; therefore,
this amendment considered alternatives that would limit the potential
for increases in the harvest capacity of the large-scale, directed
Illex fishery.
In order to prevent excess harvest capacity from developing in the
large-scale, directed Illex fishery, a moratorium on new entry into
this fishery was established in 1997. In the directed fishery,
moratorium-permitted vessels are not subject to any daily Illex
possession limit. As such, the maximum potential Illex landings for
moratorium-permitted vessels are unlimited until 95 percent of the
annual harvest quota has been achieved in any given year. Once 95
percent of the annual quota has been harvested, the possession limit
for vessels with Illex moratorium permits becomes 10,000 lb (4.54 mt).
The moratorium on new entry was initially scheduled to expire in 2002,
but has been extended several times through framework actions.
Currently, the moratorium is scheduled to expire in July 2009.
Throughout the year, a small-scale, incidental catch fishery for
Illex is currently provided for through an open-access Federal permit
that allows possession of up to 10,000 lb (4.54 mt) of Illex on a
single trip. In addition to the 10,000-lb (4.54-mt) trip allowance for
Illex, vessels in possession of this permit are also allowed to land
2,500 lb (1.13 mt) of Loligo squid and 2,500 lb (1.13 mt) of butterfish
in a single trip. The Council has not proposed any modifications to
this permit in Amendment 9.
Under the proposed Illex measure, the scheduled expiration of the
moratorium would be eliminated. As such, new entry into the directed
commercial fishery for Illex would be prohibited indefinitely. The
transfer of moratorium permits from one participant to another would
only be allowed through the transfer of ownership of a permitted
vessel. Since its implementation in 1997, there has been a slight
decline in the number of vessels issued an Illex moratorium permit in
any given year, from a maximum of 77 in 1998, to 72 in 2003. Under the
proposed action, the size of the directed Illex fleet could not expand
beyond the number of permitted vessels in the year in which Amendment 9
is implemented, thereby preventing expansion in a fishery that is
already overcapitalized and offering the greatest degree of protection
to historic participants in the directed Illex fishery.
The proposed measure is anticipated to have economic benefits for
historical participants already possessing Illex moratorium permits and
the potential to negatively affect those wanting to become an Illex
fishery participant in the future.
Biological Reference Points for Loligo
Regulations at Sec. 600.315 state that conservation and management
measures should be based upon the best scientific information
available, and that FMPs should be amended on a timely basis, as new
information indicates the necessity for change in objectives or
management measures. Therefore, Amendment 9 considered revising the
proxies for target and threshold fishing mortality rates, FTarget
and FThreshold, respectively, for Loligo to reflect the
analytical advice provided by the most recent Loligo stock assessment
review committee (SARC 34). While Amendment 9 considered revising the
formulas and values for these reference points, the function of the
reference points remains unchanged. FTarget is the basis for
determining OY and FThreshold determines whether overfishing
is occurring.
Because Loligo is a sub-annual species (i.e., has a lifespan of
less than 1 year), the stock is solely dependent on sufficient
recruitment year to year to prevent stock collapse. The status quo
proxies for FTarget (75 percent of the fishing morality rate
supporting maximum sustainable yield (FMax)) and
FThreshold (FMax) may be too liberal and subject
the Loligo stock to overfishing. The revised proxies for FTarget
and FThreshold proposed in this rule are fixed values based
on average fishing mortality rates achieved during a time period when
the stock biomass was fairly resilient (1987 - 2000). The revised
proxies are calculated as follows: FTarget is the 75th
percentile of fishing mortality rates during 1987 - 2000 and
FThreshold is the average fishing mortality rates during the
same period. The revised proxy for FTarget (0.32 or 0.24 for
trimesters and quarters, respectively) would be used as the basis for
establishing Loligo OY. However, it should be noted that it is
currently not possible to accurately predict Loligo stock biomass
because recruitment, which occurs throughout the year, is highly
variable inter-annually and influenced by changing environmental
conditions.
Biological reference points that ensure an adequate number of
spawners produce adequate recruitment in the subsequent year are
considered most appropriate for squid species. However, until such
reference points can be reliably estimated for the Loligo stock, the
revised reference points in Amendment 9 and proposed in this rule would
serve as an intermediate step for calculating harvest levels that are
more robust, with respect to stock sustainability, than status quo
reference points.
Designation of EFH for Loligo Eggs
Amendment 9 considered designating EFH for Loligo eggs in order to
bring the FMP into compliance with the Magnuson-Stevens Act requirement
that FMPs describe and identify EFH for each life history stage of a
managed species. The MSB FMP currently identifies and describes EFH for
all life stages of MSB species for which information is available, with
the exception of Loligo eggs. Loligo eggs are found attached to rocks
and boulders on sand or mud bottom, as well as attached to aquatic
vegetation in coastal and offshore bottom habitats from Georges Bank
southward to Cape Hatteras. Generally, the following conditions exist
where Loligo egg EFH is found: Bottom water temperatures between
10[deg] C and 23[deg] C; salinities of 30 to 32 ppt; and depths less
than 50 m. Locations of fishery interactions with Loligo eggs are
reported in Hatfield, E. M. C. and S. X. Cadrin. 2002. Geographic and
temporal patterns in size and maturity of the longfin inshore squid
(Loligo pealeii) off the northeastern United States. Fish. Bull. 100
(2): 200-213.
This action proposes to add the above description of EFH for Loligo
eggs to the
[[Page 18486]]
FMP. Some Council members expressed concern that the proposed Loligo
egg EFH areas are based on anecdotal information (i.e., interviews with
fishermen). Also, they considered it likely that the proposed EFH areas
are not constant, but instead shift from year to year. Nevertheless,
the information on the locations of Loligo eggs provided in Hatfield
and Cadrin (2002) is the best scientific information that is currently
available. Additionally, EFH designations are meant to include habitat
areas used in different years. Failure to designate EFH for Loligo eggs
in Amendment 9 would be inconsistent with the EFH requirements of the
Magnuson-Stevens Act.
To the degree that EFH is vulnerable to damage by fishing and/or
non-fishing activities, management oversight of these activities in
areas designated as EFH for a given life stage of any managed resource
will allow for direct and indirect benefits for that resource. That
oversight cannot occur, however, without first identifying the
geographical locations of EFH. Amendment 9 identifies EFH for Loligo
eggs based upon documented observations. By implementing this action,
fishing and/or non-fishing activities would not be restricted. However,
a requirement would be established whereby NMFS must be consulted to
determine whether future Federal non-fishing activities would adversely
impact Loligo egg EFH. Also, potential adverse impacts of MSB fisheries
on Loligo egg EFH would have to be evaluated in a future management
action. A range of habitat protection measures exist that could be
implemented if protection of Loligo egg EFH is determined to be
necessary. The common feature of these measures is that they conserve
or enhance EFH. This could be accomplished by preventing or mitigating
non-fishing activities in EFH areas or by reducing fishing effort, or
restricting the use of certain gear types or configurations in those
areas. Habitat protection provided by these actions would also be
extended to other species and ecosystem functions that utilize or are
affected by Loligo egg EFH.
Prohibition on Bottom Trawling to Reduce Gear Impacts on EFH by MSB
Fisheries
Amendment 9 considered reducing gear impacts on EFH by MSB
fisheries in order to bring the FMP into compliance with the Magnuson-
Stevens Act requirements. The FMP currently lacks adequate analysis of
the effects of MSB fisheries on EFH for federally managed species
within the geographic scope of the MSB fisheries. Such an analysis has
been conducted as part of Amendment 9, and the results indicate that
actions could be taken that would reduce impacts to EFH for federally
managed species related to the activities of the MSB fisheries by
prohibiting bottom trawling by MSB-permitted vessels. The proposed
action is not intended to minimize adverse impacts to EFH for Loligo,
Illex, mackerel, or butterfish, since EFH for the pelagic life stages
of these species was determined to be not vulnerable to the effects of
fishing.
This action proposes to prohibit bottom trawling in Lydonia and
Oceanographer Canyons by MSB-permitted vessels. MSB-permitted vessels
transiting these canyons would need to stow all bottom trawl gear.
While Lydonia and Oceanographer Canyons are only minimally used by
vessels with bottom trawl gear, this action will prevent future
expansion of MSB fisheries into these canyons. This prohibition was
determined to be practicable by the Council and is similar to
regulations associated with the New England Fishery Management
Council's Monkfish FMP (i.e., vessels on a monkfish day-at-sea are
prohibited from entering these canyons). Even though this action does
not prohibit bottom trawling by other federally permitted vessels in
Lydonia and Oceanographer Canyons, this prohibition would benefit
habitat in these canyons by deceasing localized damage from bottom
trawling. Decreased fishery interactions with the managed stocks, non-
target species, and protected and endangered species in Lydonia and
Oceanographer Canyons are also expected, and this would correspond to
localized benefits to these resources. The areas affected by the
proposed measure represent 3 percent of the total EFH for juvenile
tilefish, but not more than 2 percent for any other species.
Short-term costs to fishery participants are related to the size of
the area where bottom trawling would be prohibited and how frequently
those areas are utilized by fishery participants (see IRFA for complete
economic analysis). The prohibition of bottom trawling by MSB-permitted
vessels in Lydonia and Oceanographer Canyons is likely to have a
minimal impact on revenues both for vessel owners and ports. Other
restricted area alternatives considered by the Council would have
provided greater habitat protection, but were not practicable because
their potential economic impact would be higher.
Public comments are being solicited on Amendment 9 and its
incorporated documents through the end of the comment period, May 27,
2008, stated in the NOA for Amendment 9 (73 FR 15716, March 25, 2008).
Public comments on the proposed rule must be received by May 27, 2008,
the end of the comment period specified in the NOA for Amendment 9, to
be considered in the approval/disapproval decision on the amendment.
All comments received by May 27, 2008, whether specifically directed to
Amendment 9 or the proposed rule, will be considered in the approval/
disapproval decision on Amendment 9. Comments received after that date
will not be considered in the decision to approve or disapprove
Amendment 9. To be considered, comments must be received by 5 pm,
eastern standard time, on the last day of the comment period.
Classification
Pursuant to section 304 (b)(1)(A) of the Magnuson-Stevens Act, NMFS
has determined that this proposed rule is consistent with the FMP,
other provisions of the Magnuson-Stevens Act, and other applicable law,
subject to further consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Council prepared an FSEIS for Amendment 9; a notice of
availability was published on March 28, 2008 (73 FR 16672). The FSEIS
describes the impacts of the proposed Amendment 9 measures on the
environment. The proposed measures that would allow for multi-year
specifications and revised biological reference points for Loligo are
largely administrative. However, they will provide for an expanded
planning horizon for harvesting and processing activities and a fixed
constant as a basis for the fishing target definition, respectively.
The measure to designate EFH for Loligo eggs will not directly affect
the environment, but it will allow future impacts to EFH for Loligo
eggs to be identified and mitigated. Extending the moratorium on entry
into the Illex fishery without a sunset provision and prohibiting
bottom trawling by MSB-permitted vessels in Lydonia and Oceanographer
Canyons will have short-term, negative economic impacts, but are
expected to have long-term benefits on the biological and physical
environment.
The IRFA for this action is summarized below, 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 description of the action, why it is being considered, and
the legal basis for
[[Page 18487]]
this action are contained in the preamble of this rule. A summary of
the IRFA follows:
Description and Estimate of Number of Small Entities to Which the Rule
Would Apply
There are no large entities participating in this fishery, as none
grossed more than 4 million dollars annually, therefore, there are no
disproportionate economic impacts on small entities. The proposed
measures in Amendment 9 would affect all MSB-permitted vessels;
however, many of the proposed measures (e.g., multi-year
specifications, revised biological reference points for Loligo,
designation of EFH for Loligo eggs) are not expected to have direct
economic impacts. Section 6.5 (Human Communities) in Amendment 9
describes the number of vessels, key ports, and revenue information for
each of the MSB fisheries; therefore, that information is not repeated
here.
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.
Economic Impacts of the Proposed Action Compared to Significant Non-
Selected Alternatives
As described previously, several of the proposed measures in
Amendment 9 are not anticipated to have direct economic effects on MSB
fisheries. Implementing multi-year specifications and management
measures for all four managed species has the potential to provide MSB
fishery participants with an expanded planning horizon for harvesting
and processing activities. Therefore, it may have positive economic
effects for MSB fishery participants when compared to the non-selected
alternative of no action (annual specifications and management measures
for mackerel, Illex, and butterfish; multi-year specifications and
management measures for Loligo). This could lead to better business
plans and ultimately greater economic benefits. Amendment 9 contained
two alternatives that would have provided for multi-year specifications
and management measures; the proposed action allows for multi-year
specifications for up to 3 years, subject to annual review, and a non-
selected alternative would have provided for multi-year specifications
for up to 5 years, subject to annual review. The 3-year alternative was
selected as the proposed action because management based on 3-year
stock projections, rather than 5-year stock projections, is likely more
appropriate for MSB species, given their relatively brief life spans,
but it is difficult to assign a dollar value to this effect.
The proposed revisions to biological reference points (FTarget
and FThreshold) for Loligo are primiarily administrative and
are not expected to have direct economic effects on fishery
participants. Revising the reference points is consistent with
Magnuson-Stevens Act requirements to use the best scientific
information available, as compared to the non-selective alternative of
no action (using status quo reference points for FTarget and
FThreshold), but the economic impacts of the proposed action are
difficult to predict. The revised reference points are not expected to
result in an immediate change in the Loligo quota; the annual quota has
been set at 17,000 mt each year since 2001. Consumer demand for Loligo
will affect Loligo prices, which, in turn, will result in economic
impacts on Loligo harvesters, processors, and consumers that are
currently unquantifiable. To those consumers for whom Loligo is a
desirable food item, increased availability of the resource, if it
occurs, would be expected to provide a beneficial effect. If, on the
other hand, the Loligo stock size decreases such that harvest costs
increase, then Loligo prices would be expected to increase. Because the
revised biological reference points are considered more robust, with
respect to stock sustainability, than the status quo reference points,
it is expected that there would be some long-term economic benefits
associated with the revised reference points as compared to benefits
associated with the status quo reference points.
Additionally, the proposed measure of designating EFH for Loligo
eggs is not anticipated to have any direct economic effects on MSB
participants, when compared to the non-selected alternative of not
designating EFH for Loligo eggs. Designating EFH for Loligo eggs does
not result in an immediate action that would restrict fishing or non-
fishing activities. However, a requirement would be established whereby
consultation with NMFS would be required for future Federal fishing and
non-fishing activities that may adversely affect Loligo egg EFH. The
proposed meaure has the potential to indirectly impact human
communities if, at some point in the future, management actions are
implemented in order to reduce fishing effort or decrease non-fishing
impacts in those EFH areas. Because the specifics of any future actions
are speculative at this point, it is unclear what the nature of the
impacts on human communities, if any, would be. In the long term,
however, protection of habitat needed by Loligo eggs is expected to
improve the sustainability of the Loligo resource, and other managed
resources that share those habitats, indirectly benefitting human
communities dependent on those resources. An analysis of the likely
impacts of specific future actions would be required prior to their
implementation.
Amendment 9 contains two proposed measures that may have economic
effects on MSB fisheries. The first of these proposed measures is
extending the moratorium on entry into the Illex fishery, without a
sunset provision. Because the present fleet is capable of harvesting in
excess of the recent Illex quota of 24,000 mt, there is a clear need
for a moratorium on entry into the fishery. International market
reports suggesting that the world supplies of squid will be tight for
several years and, therefore, prices are expected to be high, coupled
with the fact that resource productivity is low to moderate, supports
making the moratorium permanent. Unfortunately, the benefits and costs
of the moratorium options cannot be easily analyzed. The available
information suggests that, if the moratorium were terminated (a non-
selected alternative) or were allowed to expire in 2009 (a non-selected
alternative), and economic and resource conditions remain relatively
unchanged from recent levels, there would not be any substantial
increase in landings of Illex relative to the landings likely to occur,
with or without a moratorium. If, however, economic conditions changed
to promote increased activity on Illex as occurred in 2004, landings of
Illex would increase. Moratorium alternatives offer protection against
risk of an expanding fishery and risk of further depressing the
resource. These options, however, do not appear to generate landings,
revenue, or potential benefit streams any different that those levels
most likely to occur with a removal of the moratorium (given current
conditions). Moratorium alternatives (without a sunset provision
(proposed action) or without a sunset provision, but allowing new entry
through permit transfer (a non-selected alternative)) would impose some
short-term costs in that they constrain expansion of the fishery,
either until 2009 or permanently. That is, individuals desiring to
enter the fishery would be
[[Page 18488]]
denied the potential revenues that might be realized if they could land
more Illex, unless they purchased an Illex permitted vessel (proposed
action) or an existing Illex permit (non-selected alternative). Failure
to extend the moratorium could result in further overcapitalization of
this sector of the fishing industry, which in turn could have negative
economic consequences for the vessels and communities that depend upon
the Illex resource. Extension of the Illex moratorium program would
provide positive benefits to the communities that are dependent on the
commercial Illex fishery. The primary ports and surrounding communities
where Illex are landed would be the most affected by this action (see
Section 6.5.1 of Amendment 9 for information on primary ports).
The second proposed measure in Amendment 9 that may have economic
effects on MSB fisheries is prohibiting bottom trawling in Lydonia and
Oceanographer Canyons by MSB-permitted vessels. The proposed action and
non-selected alternatives prohibiting bottom trawling (either at the
head of Hudson Canyon or in the tilefish habitat area of particular
concern (HAPC)) would benefit habitat in the closed areas by decreasing
localized damage from bottom trawling by MSB-permitted vessels as
compared to the no action, non-selected alternative (no new areas
closed to bottom trawling by MSB-permitted vessels). Decreased fishery
interactions with the managed stocks, non-target species, and protected
and endangered species are also expected to be associated with action
alternatives, and this would correspond to localized benefits to these
resources.
Short-term costs to fishery participants are related to the size of
the closure area. Analyses of ex-vessel revenues from MSB-permitted
bottom trawl vessels were conducted for 2001-2004. The results
indicated that closing tilefish HAPC (non-selected alternative) to
bottom otter trawling during that period would have reduced annual
revenue from bottom otter trawling by 10 percent or more for about 162
MSB-permitted vessels. With regard to port impacts, ex-vessel revenues
from MSB-permitted bottom trawling in the tilefish HAPC area
represented large percentages of total revenues (30 - 50 percent) from
Point Judith, RI; Point Pleasant, NJ; Montauk, NY; Point Lookout, NY;
and Hampton Bays, NY. Closing the Head of Hudson Canyon (non-selected
alternative) to bottom otter trawling in 2001-2004 would have reduced
ex-vessel revenues by 10 percent or more for about 64 MSB-permitted
bottom trawl vessels. Ports that would experience the greatest
percentage of revenue loss consist of Belford, NJ (13.9 percent);
Elizabeth, NJ (16.5 percent); Point Pleasant, NJ (33.6 percent); and
Point Lookout, NY (46.6 percent). Geographical analysis of fishing
effort reveals minimal use of bottom trawl gear in Lydonia and
Oceanographer Canyons; therefore, the closure of Lydonia and
Oceanographer Canyons (proposed action) would likely have minimal
impacts on revenues both for vessel owners and ports.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: March 28, 2008.
James W. Balsiger,
Acting Assistant Administrator For Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 648 is
proposed to be amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
1. The authority citation for part 648 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 648.4, paragraph (a)(5)(i) is revised to read as
follows:
Sec. 648.4 Vessel permits.
* * * * *
(a) * * *
(5) * * *
(i) Loligo squid/butterfish and Illex squid moratorium permits.
* * * * *
3. In Sec. 648.14, paragraph (p)(12) is added to read as follows:
Sec. 648.14 Prohibitions.
* * * * *
(p) * * *
(12) Enter or be in the areas described at Sec. 648.23(a)(5).
* * * * *
4. In Sec. 648.20, paragraph (b) is revised to read as follows:
Sec. 648.20 Maximum optimum yield.
* * * * *
(b) Loligo - the catch associated with a fishing mortality rate of
FThreshold.
* * * * *
5. In Sec. 648.21, paragraphs (a)(1), (a)(2), (a)(3), and (a)(4)
are revised to read as follows:
Sec. 648.21 Procedures for determining initial annual amounts.
* * * * *
(a)* * *
(1) Initial OY (IOY), including research quota (RQ), domestic
annual harvest (DAH), and domestic annual processing (DAP) for Illex
squid, which, subject to annual review, may be specified for a period
of up to 3 years;
(2) IOY, including RQ, DAH, DAP, and bycatch level of the total
allowable level of foreign fishing (TALFF), if any, for butterfish,
which, subject to annual review, may be specified for a period of up to
3 years;
(3) IOY, including RQ, DAH, DAP, joint venture processing (JVP), if
any, and TALFF, if any, for mackerel, which, subject to annual review,
may be specified for a period of up to 3 years. The Monitoring
Committee may also recommend that certain ratios of TALFF, if any, for
mackerel to purchases of domestic harvested fish and/or domestic
processed fish be established in relation to the initial annual
amounts.
(4) Initial OY (IOY), including research quota (RQ), domestic
annual harvest (DAH), and domestic annual processing (DAP) for Loligo
squid, which, subject to annual review, may be specified for a period
of up to 3 years; and
* * * * *
6. In Sec. 648.23, paragraph (a)(5) is added to read as follows:
Sec. 648.23 Gear restrictions.
(a) * * *
(5) Mackerel, squid, and butterfish bottom trawling restricted
areas-(i) Oceanographer Canyon. No permitted mackerel, squid, or
butterfish vessel may fish with bottom trawl gear in the Oceanographer
Canyon or be in the Oceanographer Canyon unless transiting. Vessels may
transit this area provided the bottom trawl gear is stowed in
accordance with the provisions of paragraph (b) of this section.
Oceanographer Canyon is defined by straight lines connecting the
following points in the order stated (copies of a chart depicting this
area are available from the Regional Administrator upon request):
Oceanographer Canyon
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
OC1 40[deg]10.0' 68[deg]12.
0'
OC2 40[deg]24.0' 68[deg]09.
0'
OC3 40[deg]24.0' 68[deg]08.
0'
OC4 40[deg]10.0' 67[deg]59.
0'
OC1 40[deg]10.0' 68[deg]12.
0'
------------------------------------------------------------------------
(ii) Lydonia Canyon. No permitted mackerel, squid, or butterfish
vessel may fish with bottom trawl gear in the Lydonia Canyon or be in
the Lydonia Canyon unless transiting. Vessels may transit this area
provided the bottom trawl gear is stowed in accordance with the
provisions of paragraph (b) of this
[[Page 18489]]
section. Lydonia Canyon is defined by straight lines connecting the
following points in the order stated (copies of a chart depicting this
area are available from the Regional Administrator upon request):
Lydonia Canyon
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
LC1 40[deg]16.0' 67[deg]34.
0'
LC2 40[deg]16.0' 67[deg]42.
0'
LC3 40[deg]20.0' 67[deg]43.
0'
LC4 40[deg]27.0' 67[deg]40.
0'
LC5 40[deg]27.0' 67[deg]38.
0'
LC1 40[deg]16.0' 67[deg]34.
0'
------------------------------------------------------------------------
* * * * *
[FR Doc. E8-7025 Filed 4-3-08; 8:45 am]
BILLING CODE 3510-22-S