Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Specifications and Management Measures, 58234-58238 [E9-26847]
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58234
Federal Register / Vol. 74, No. 217 / Thursday, November 12, 2009 / Proposed Rules
(3) If the claimant’s assertion refers to
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of disagreement or substantive appeal,
VA will follow proper appeal
procedures based on date of receipt of
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effective date of an award for benefits
for a claim already decided, VA will
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without additional development.
(c) Effective dates. For claims
allegedly submitted between April 14,
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effective date will be established in
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(Authority: 38 U.S.C. 501(a)(1))
[FR Doc. E9–27077 Filed 11–10–09; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 0907301206–91208–01]
RIN 0648–AY13
Fisheries of the Northeastern United
States; Atlantic Mackerel, Squid, and
Butterfish Fisheries; Specifications
and Management Measures
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
SUMMARY: NMFS proposes 2010
specifications and management
measures for Atlantic mackerel, squid,
and butterfish (MSB). This action
proposes to maintain quotas for Atlantic
mackerel (mackerel), Illex squid (Illex),
Loligo squid (Loligo), and butterfish at
the same levels as 2009. This action also
proposes to modify accounting
procedures for underages of Trimester 1
quotas in the Loligo fishery so that
Trimester 1 quota underages that are
greater than 25% of the Trimester 1
quota would be allocated equally to
Trimesters 2 and 3, and underages that
are less than 25% of the Trimester 1
quota would be allocated to Trimester 3.
Additionally, this action proposes to
increase the minimum mesh size
requirement for codend covers in the
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12:33 Nov 10, 2009
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Loligo fishery from 4.5 inches to 5
inches. These proposed specifications
and management measures promote the
utilization and conservation of the MSB
resource.
DATES: Public comments must be
received no later than 5 p.m., eastern
standard time, on December 14, 2009.
ADDRESSES: Copies of supporting
documents used by the Mid-Atlantic
Fishery Management Council (Council),
including the Environmental
Assessment (EA) and Regulatory Impact
Review (RIR)/Initial Regulatory
Flexibility Analysis (IRFA), are
available from: Daniel Furlong,
Executive Director, Mid-Atlantic
Fishery Management Council, Room
2115, Federal Building, 300 South New
Street, Dover, DE 19904–6790. The EA/
RIR/IRFA is accessible via the Internet
at https://www.nero.noaa.gov.
You may submit comments, identified
by 0648–AY13, 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 NMFS, Northeast Regional
Office, 55 Great Republic Dr, Gloucester,
MA 01930. Mark the outside of the
envelope ‘‘Comments on 2010 MSB
Specifications.’’
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) 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
Regulations implementing the Fishery
Management Plan for the Atlantic
Mackerel, Squid, and Butterfish
Fisheries (FMP) appear at 50 CFR part
648, subpart B. Regulations governing
foreign fishing appear at 50 CFR part
600, subpart F. These regulations at
§ 648.21 and 600.516(c), require that
NMFS, based on the maximum
optimum yield (Max OY) of each fishery
as established by the regulations,
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annually publish a proposed rule
specifying the amounts of the initial
optimum yield (IOY), allowable
biological catch (ABC), domestic annual
harvest (DAH), and domestic annual
processing (DAP), as well as, where
applicable, the amounts for total
allowable level of foreign fishing
(TALFF) and joint venture processing
(JVP) for the affected species managed
under the FMP. In addition, these
regulations allow specifications to be
specified for up to 3 years, subject to
annual review. The regulations found in
§ 648.21 also specify that IOY for squid
is equal to the combination of research
quota (RQ) and DAH, with no TALFF
specified for squid. For butterfish, the
regulations specify that a butterfish
bycatch TALFF will be specified only if
TALFF is specified for mackerel.
At its June 9–11, 2009, meeting in
New York, NY, the Mid-Atlantic Fishery
Management Council (Council)
recommended 2010 MSB specifications.
The recommended specifications for
mackerel, Illex, Loligo, and butterfish
are the same as those implemented in
2009. For Loligo, the Council
recommended a modification in
accounting Trimester 1 quota underages.
The Council also recommended
increasing the minimum mesh size
requirement for codend covers in the
Loligo fishery. The Council submitted
these recommendations, along with the
required analyses, for agency review on
August 10, 2009.
Research Quota
Framework Adjustment 1 to the FMP
established the Mid-Atlantic Research
Set-Aside (RSA) Program, which allows
research projects to be funded through
the sale of fish that has been set aside
from the total annual quota. The RQ
may vary between 0 and 3 percent of the
overall quota for each species. The
Council has recommended that 3
percent of the 2010 Loligo, Illex,
butterfish, and mackerel quotas be set
aside to fund projects selected under the
2010 Mid-Atlantic RSA Program.
NMFS solicited research proposals
under the 2010 Mid-Atlantic RSA
Program through the Federal Register
(74 FR 75, January 2, 2009). The
deadline for submission was March 3,
2009. The project selection and award
process for the 2010 Mid-Atlantic RSA
Program has not concluded and
therefore, the research quota awards are
not known at this time. When the
selection process has concluded,
projects requesting RQ will be
forwarded to the NOAA Grants Office
for award. If any portion of the RQ is not
awarded, NMFS will return any unawarded RQ to the commercial fishery
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Federal Register / Vol. 74, No. 217 / Thursday, November 12, 2009 / Proposed Rules
either through the final 2010 MSB
specification rulemaking process or
through the publication of a separate
notice in the Federal Register notifying
the public of a quota adjustment.
Vessels harvesting RQ in support of
approved research projects would be
issued exempted fishing permits (EFP)
authorizing them to exceed Federal
possession limits and to fish during
Federal quota closures. The MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act) requires that interested parties be
provided an opportunity to comment on
all proposed EFPs. These exemptions
are necessary to allow project
investigators to recover research
expenses, as well as adequately
compensate fishing industry
participants harvesting RQ. Vessels
harvesting RQ would operate within all
other regulations that govern the
commercial fishery, unless otherwise
exempted through a separate EFP.
2010 Proposed Specifications and
Management Measures
TABLE 1. PROPOSED SPECIFICATIONS, IN METRIC TONS (MT), FOR ATLANTIC MACKEREL, SQUID, AND BUTTERFISH FOR
2010 FISHING YEAR.
Specifications
Illex
Mackerel
Butterfish
Max OY
ABC
IOY3
DAH
DAP
JVP
TALFF
1 IOY
Loligo
32,000
19,000
18,430
19,000
19,000
0
0
24,000
24,000
23,280
24,000
24,000
0
0
N/A
156,000
111,5501
115,0002
100,000
0
0
12,175
1,500
485
500
500
0
0
may be increased during the year, but the total ABC will not exceed 156,000 mt.
a 15,000 mt catch of Atlantic mackerel by the recreational fishery.
3 percent of the IOY for RQ.
2 Includes
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
3 Excludes
Atlantic Mackerel
The status of the Atlantic mackerel
stock was most recently assessed at the
42nd Stock Assessment Review
Committee (SARC) in late 2005. SARC
42 concluded that the mackerel stock is
not overfished and overfishing is not
occurring. According to the FMP,
mackerel ABC must be calculated using
the formula ABC = T - C, where C is the
estimated catch of mackerel in Canadian
waters for the upcoming fishing year
and T is the yield associated with a
fishing mortality rate that is equal to the
target fishing mortality rate (F). Based
on projections from SARC 42, the yield
associated with the target F of 0.12 in
2008 is 211,000 mt. SARC 42 did not
project yields for 2010, but the yield
projections from 2008 will be used as a
proxy until new projections are
calculated in the next mackerel stock
assessment, currently scheduled for
December 2009. Canadian catch of
mackerel has been increasing in recent
years; therefore, the estimate of
Canadian catch for 2010 will remain at
the 2009 level of 55,000 mt. Thus,
211,000 mt minus 55,000 mt results in
a proposed 2010 mackerel ABC of
156,000 mt.
This action proposes a mackerel IOY
of 115,000 mt. The Council selected an
IOY under all three alternatives that is
consistent with the recent increases in
processing capacity and domestic
landings of mackerel. The recent
increase in US processing capacity in
conjunction with relatively high world
demand has created conditions which
are favorable for continued growth of
the US mackerel fishery. Industry
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12:33 Nov 10, 2009
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testimony from shore side processors
indicated that the ability and intent
exist to land and process well in excess
of 100,000 mt of Atlantic mackerel in
2010. To reach this level, the Atlantic
mackerel stock will need to be
sufficiently abundant and available in
the right sizes to the harvest sector
(unlike the situations in 2007–2009).
Industry members have testified that if
stock conditions are similar to those
prior to 2005, then they fully intend and
expect to land the entire IOY. The
proposed 115,000 mt IOY is consistent
with mackerel regulations at
§ 648.21(b)(2)(ii), which state that IOY is
a modification of ABC, based on social
and economic factors, and must be less
than or equal to ABC.
The Magnuson-Stevens Act provides
that the specification of TALFF, if any,
shall be that portion of the optimum
yield (OY) of a fishery that will not be
harvested by vessels of the United
States. TALFF would allow foreign
vessels to harvest U.S. fish and sell their
product on the world market, in direct
competition with the U.S. industry
efforts to expand exports. While a
surplus existed between ABC and DAH
for many years, that surplus has
disappeared due to the downward
revision in the estimate of MSY and
recent increases in both US and
Canadian landings. The Council
concluded that no surplus exists
between the US portion of the
sustainable yield from this stock and the
IOY for 2010. As a result TALFF is
specified as zero under all three
alternatives considered by the Council.
Based on analysis and a review of the
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state of the world mackerel market and
possible increases in US production
levels, the Council concluded that
specifying an IOY resulting in zero
TALFF will yield positive social and
economic benefits to the mackerel
fishery and to the Nation.
For these reasons, consistent with the
Council’s recommendation, NMFS
proposes to specify IOY at a level that
can be fully harvested by the domestic
fleet, thereby precluding the
specification of a TALFF, in order to
assist the U.S. mackerel industry to
expand. This would yield positive
social and economic benefits to both
U.S. harvesters and processors. NMFS
concurs that it is reasonable to assume
that in 2010 the commercial fishery has
the ability to harvest 100,000 mt of
mackerel. Thus DAH would be 115,000
mt, which is the commercial harvest
plus the 15,000 mt available for the
recreational fishery. Because IOY =
DAH, this specification is consistent
with the Council’s recommendation that
the level of IOY should not provide for
a TALFF.
NMFS proposes to maintain JVP at
zero (the most recent allocation was
5,000 mt of JVP in 2004), consistent
with the Council’s recommendation. In
previous years, the Council
recommended a JVP greater than zero
because it believed U.S. processors
lacked the ability to process the total
amount of mackerel that U.S. harvesters
could land. However, for the past 6
years, the Council has recommended
zero JVP because the surplus between
DAH and DAP has been declining as
U.S. shoreside processing capacity for
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Federal Register / Vol. 74, No. 217 / Thursday, November 12, 2009 / Proposed Rules
mackerel has expanded. The Council
also heard from the industry that the
availability (i.e., size, distribution, and
abundance) of mackerel to the fishery,
rather than processing capacity, has
curtailed catch in recent years. The
Council concluded that processing
capacity is no longer a limiting factor
relative to domestic production of
mackerel, so JVP would be specified at
zero.
Inseason Adjustment of the Mackerel
IOY
Regulations at § 648.21(e) provide that
specifications may be adjusted inseason
during the fishing year by the NMFS
Northeast Regional Administrator
(Regional Administrator), in
consultation with the Council, by
publishing a notice in the Federal
Register and providing a 30-day public
comment period. In 2010, as in 2009,
NMFS’s Northeast Fishery Statistic
Office will summarize mackerel
landings from dealer reports on a
weekly basis and post this information
on the Northeast Regional Office
website (https://www.nero.noaa.gov/).
NMFS staff will closely monitor these
landings and industry trends to
determine if an inseason adjustment is
necessary. If, using landings projections
and all other available information, the
Regional Administrator determines that
70 percent of the Atlantic mackerel IOY
will be landed during the 2010 fishing
year, the Regional Administrator will
make available additional quota for a
total IOY of 156,000 mt of Atlantic
mackerel for harvest during 2010.
Additionally, if an inseason adjustment
of the IOY is warranted, the Regional
Administrator will notify the Council
and the inseason adjustment will be
published in the Federal Register.
Atlantic Squids
TABLE 2. PROPOSED TRIMESTER
ALLOCATION OF Loligo QUOTA IN 2009
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
Loligo
Amendment 9 to the FMP
(Amendment 9) (73 FR 37382, July 1,
2008) revised the proxies for Loligo
target and threshold fishing mortality
rates, FTarget and FThreshold, respectively,
to reflect the analytical advice provided
by the most recent Loligo stock
assessment review committee (SARC
34). While Amendment 9 revised 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
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12:33 Nov 10, 2009
prevent stock collapse. The revised
proxies for FTarget and FThreshold
implemented in Amendment 9 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) is
used as the basis for establishing Loligo
OY. The use of a proxy is necessary
because 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.
Based on the revised biological
reference points for Loligo, the Council
recommended that the 2010 Loligo Max
OY, ABC, IOY, DAH, and DAP remain
at the 2009 level. Therefore, the
proposed Loligo Max OY for 2010 is
32,000 mt and the proposed ABC, IOY,
DAH, DAP is 19,000 mt.
NMFS concurs with the Council’s
recommendation, therefore, this action
proposes a 2010 Loligo Max OY of
32,000 mt and an ABC, IOY DAH, and
DAP of 19,000 mt. The FMP does not
authorize the specification of JVP and
TALFF for the Loligo fishery because of
the domestic industry’s capacity to
harvest and process the OY for this
fishery.
Distribution of the Loligo DAH
As was done in 2007 to 2009, NMFS
is proposing that the 2010 Loligo DAH
be allocated into trimesters, consistent
with the Council’s recommendation.
The proposed 2010 trimester allocations
would be as follows:
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Trimester
I (Jan–Apr)
II (May–Aug)
III (Sep–Dec)
Total
Percent
Metric Tons1
43
17
40
100
7,925
3,133
7,372
18,430
1 Trimester allocations after 570 mt RQ
deduction.
This action proposes to adjust how
Trimester I underages are distributed
among the remaining Trimesters.
Currently any overages or underages in
Trimester I or II are applied to Trimester
III. The proposed action would split the
distribution of Trimester I underages
evenly between Trimester II and III if
the underage is greater than 25% of the
Trimester I quota. All other underages
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or overages would be applied to
Trimester III, as is currently done.
In 2008, the fishery experienced a
significant underage in Trimester I,
which was then applied to Trimester III.
However the fishery also experienced a
closure during Trimester II. This
resulted in the fishery being unable to
harvest the total DAH in Trimester III.
The proposed method of underage
distribution will facilitate a reduction in
small transfers that could lead to
unforseable season openings or closures
in Trimester II. This will prevent an
underharvest of the annual quota, and
distribute unharvested quota evenly
throughout the year. However, as a
result of both the inherent data
processing time lag and late dealer
reporting in the dealer reporting
program, it is not possible to make the
underage calculation and announce a
quota adjustment until up to two
months after Trimester 1 ends.
Changes to Loligo Codend Mesh Size
Requirements
This action proposes to increase the
‘‘net strengthener’’/‘‘codend cover’’
minimum mesh requirement from 4.5
inches to 5 inches (inside stretch
measurement). This would make the
Loligo codend mesh size requirement
consistent with the next highest mesh
size currently required in another MidAtlantic fishery (Scup).
Illex Squid
The Illex stock was most recently
assessed at SARC 42 in late 2005. While
it was not possible to evaluate current
stock status because there are no reliable
current estimates of stock biomass or
fishing mortality rate, qualitative
analyses determined that overfishing
had not likely been occurring.
NMFS proposes to maintain the Illex
specifications in 2010 at the same levels
as they were for the 2009 fishing year,
consistent with the Council’s
recommendation. This action proposes
that the specification of Max OY, IOY,
ABC, and DAH would be 24,000 mt.
This level of DAH corresponds to a
target fishing mortality rate of 75
percent FMSY. The FMP does not
authorize the specification of JVP and
TALFF for the Illex fishery because of
the domestic fishing industry’s capacity
to harvest and to process the OY from
this fishery.
Butterfish
The status of the butterfish stock was
most recently assessed at SARC 38 in
late 2004. The assessment concluded
that, while overfishing of the stock is
not occurring, the stock is overfished
because estimates of stock biomass are
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Federal Register / Vol. 74, No. 217 / Thursday, November 12, 2009 / Proposed Rules
below the minimum biomass threshold
(1⁄2 BMSY). SARC 38 estimated the
butterfish stock at 8,700 mt, 1⁄2 BMSY at
11,400 mt, and BMSY at 22,798 mt. Based
on this information, the Council was
notified by NMFS on February 11, 2005,
that the butterfish stock was designated
as overfished, pursuant to the
requirements of section 304(e) of the
Magnuson-Stevens Act. The Council has
developed a rebuilding plan for the
butterfish stock in Amendment 10 to the
, which was approved October 7, 2009.
As in 2009, the Council recommended
that the quota be restricted to recent
landings levels to prevent an expansion
of the fishery and to protect the
rebuilding stocks. Without a current
market for butterfish, a directed
butterfish fishery has not existed for
several years, with landings since 2003
ranging from 437 mt to 674 mt.
The MSB FMP specifies that
maximum sustainable yield equals Max
OY. SARC 38 re-estimated butterfish
maximum sustainable yield as 12,175
mt, and the butterfish overfishing
threshold at F of 0.38. Assuming that
butterfish discards equal twice the level
of landings, the amount of butterfish
discards associated with approximately
500 mt of landings is approximately
1,000 mt.
Therefore, in 2010, as implemented in
2009, the proposed specifications would
set the Max OY at 12,175 mt; the ABC
at 1,500 mt; and the IOY, DAH, and
DAP at 500 mt. Harvest at these
proposed levels should prevent
overfishing on the butterfish stock in
2010. Additionally, consistent with
MSB regulations, the Council
recommended, and NMFS is proposing,
zero TALFF for butterfish in 2010
because zero TALFF is proposed for
mackerel.
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this proposed rule is consistent
with the Atlantic Mackerel, Squid, and
Butterfish FMP, other provision of the
Magnuson-Stevens Act, and other
applicable law, subject to further
consideration after pubic comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
The Council prepared an IRFA, as
required by section 603 of the
Regulatory Flexibility Act (RFA). The
IRFA describes the economic impact
this proposed rule, if adopted, would
have on small entities. A summary of
the analysis follows. A copy of this
analysis is available from the Council or
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12:33 Nov 10, 2009
Jkt 220001
NMFS (see ADDRESSES) or via the
Internet at https://www.nero.noaa.gov.
Statement of Objective and Need
This action proposes 2010
specifications and management
measures for mackerel, squid, and
butterfish, and proposes to modify
accounting procedures for underages of
Trimester 1 quotas in the Loligo fishery,
and to increase the minimum mesh size
requirement for codend covers in the
Loligo fishery from 4.5 inches to 5
inches. A complete description of the
reasons why this action is being
considered, and the objectives of and
legal basis for this action, are contained
in the preamble to this proposed rule
and are not repeated here.
Description and Estimate of Number of
Small Entities to Which the Rule Will
Apply
Based on permit data for 2008, the
numbers of potential fishing vessels in
the 2009 fisheries are as follows: 371 for
Loligo/butterfish, 77 for Illex, 2,342 for
mackerel, and 2,193 vessels with
incidental catch permits for squid/
butterfish. There are no large entities
participating in this fishery, as defined
in section 601 of the RFA. Therefore,
there are no disproportionate economic
impacts on small entities. Many vessels
participate in more than one of these
fisheries; therefore, permit numbers are
not additive.
Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
This action does not contain any new
collection-of-information, reporting,
recordkeeping, or other compliance
requirements. It does not duplicate,
overlap, or conflict with any other
Federal rules.
Minimizing Significant Economic
Impacts on Small Entities
Proposed Actions
The mackerel IOY proposed in this
action (115,000 mt, with 15,000 mt
allocated to recreational catch)
represents status quo, as compared to
2009, and is no constraint to vessels
relative to the landings in recent years.
Mackerel landings for 2004–2006
averaged 51,836 mt. Landings in 2007
were 25,547 mt, and landings in 2008
were 21,749 mt. This action also allows
for an inseason adjustment, which
would increase the IOY up to the ABC
(156,000 mt), if landings approach the
IOY early in the fishing year. Therefore,
no reductions in revenues for the
mackerel fishery are expected as a result
of this proposed action.
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58237
The Loligo IOY (19,000 mt) proposed
in this action represents the status quo
compared to the 2009. No reductions in
revenues for the Loligo fishery are
expected as a result of this proposed
action.
The Illex IOY (24,000 mt) proposed in
this action represents status quo as
compared to 2008. Implementation of
this proposed action would not result in
a reduction in revenue or a constraint
on expansion of the fishery in 2010.
The butterfish IOY proposed in this
action (500 mt) represents status quo, as
compared to 2009, and represents only
a minimal constraint to vessels relative
to the landings in recent years. Due to
market conditions, there has not been a
directed butterfish fishery in recent
years; therefore, recent landings have
been low. Given the lack of a directed
butterfish fishery and low butterfish
landings, the proposed action is not
expected to reduce revenues in this
fishery more than minimally.
The accounting methods for Loligo
trimester underages proposed in this
action would distribute any substantial
underage in Trimester I (greater than
25% of the Trimester I quota) evenly
over the rest of the year. This method
of transferring quota over to Trimester II
from Trimester I may provide some
economic benefits to this fishery
compared to how the fishery was
prosecuted under the 2008 and 2009
specifications.
The proposed action would also
increase the required minimum codend
cover mesh size from 4.5 inches to 5.0
inches in the Loligo fishery. A mesh size
increase is not expected to have a
significant impact on landings since
most of the selectivity occurs in the
codend liner. Most vessels are equipped
with nets meeting or exceeding the
proposed codend minimum mesh size,
so no negative impacts on revenues in
this fishery are expected as a result of
these alternatives.
Alternatives to the Proposed Rule
The Council analysis evaluated two
alternatives to the proposed action for
mackerel, which is also the status quo.
The first alternative would have set the
ABC at 56,000 mt, IOY at 56,000 mt, and
the second alternative would have set
the ABC at 186,000 mt, IOY at 115,000
mt. Based on recent harvest levels,
neither of the ABC and IOY alternatives
represent a constraint on vessels in this
fishery. However, the ABC of 56,000 mt
in the first alternative could result in
forgone revenue if mackerel is available
to the fishery.
For Loligo, the alternatives to the
proposed action would have set the Max
OY at 32,000 mt and ABC, IOY, DAH,
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WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
and DAP at 19,000 mt, as in the
proposed action, and the status quo. The
alternatives differed only in how
Trimester underages and overages were
applied to the following Trimester
quotas. The first alternative is the status
quo, and would continue to transfer
Trimester I and II overages or underages
to Trimester III. The second alternative
would make the full amount of a
Trimester I underage available to
Trimester II. The proposed action
distributes any substantial underage in
Trimester I (greater than 25% of the
Trimester I quota) evenly over the rest
of the year, which may positively
impact Loligo stocks, and prevent an
underharvest of the annual quota.
The three alternatives to the proposed
minimum codend mesh size increase
were all more restrictive than the
proposed increase or the status quo. The
first alternative recommended a
minimum codend mesh size of 6 inches.
This mesh size represents the most
frequently observed codend mesh size
observed in the Loligo fishery. The
second alternative recommended a 6
inch mesh size using a square mesh for
codend covers. Although diamond mesh
is predominantly used in the Loligo
fishery, this alternative specified square
mesh based on reduced obstruction
caused by square mesh compared to the
diamond mesh. The third alternative
would have required a minimum
codend mesh size of 9.5 inches using
square mesh. This alternative is based
on the largest and least obstructive mesh
size and type that has been observed in
use for a codend cover in the Loligo
fishery.
For Illex, one alternative was
considered that would have set the
ABC, IOY, DAH, and DAP at 19,000 mt
rather than 24,000 mt. This quota was
used between 1997 and 1999, and was
associated with the SAW 21 stock
assessment from 1996. However, this
alternative would still allow harvest in
excess of recent landings in this fishery.
For butterfish, two alternatives were
considered in addition to the
recommended action. The first would
have set Max OY at 12,175 mt, ABC at
4,525 mt, and IOY, DAH, and DAP 1,861
mt, which is equivalent to the 2005–
2007 specifications. The second
VerDate Nov<24>2008
18:41 Nov 10, 2009
Jkt 220001
alternative would set Max OY at 12,175
mt, ABC at 9,131 mt, and IOY, DAH,
and DAP at 3,044 mt. The amounts in
this alternative represent the
specifications that would result from the
application of the F target control rule
if the butterfish stock was declared
rebuilt. This alternative has been
included due to the potential for rapid
rebuilding in the butterfish stock.
However, this alternative was not
adopted by the Council because it
would likely result in overfishing and
the additional depletion of the
spawning stock biomass of an
overfished species. None of these
alternatives represent a constraint on
vessels in this fishery or would reduce
revenues in the fishery.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
Dated: November 03, 2009.
John Oliver,
Deputy Assistant Administrator For
Operations, 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 § 648.21, paragraph (f)(2) is
revised to read as follows:
§ 648.21 Procedures for determining initial
annual amounts.
(f) * * *
(2) Any underages of commercial
period quota for Trimester I, which are
greater than 25% of the Trimester I
quota, will be divided in half, with one
portion applied to Trimester II, and one
portion applied to Trimester III of the
same year. Any underages of
commercial period quota for Trimester I,
which are less than 25% of the
Trimester I quota, will be applied to
Trimester III of the same year. Any
overages of commercial quota for
Trimesters I and II will be subtracted
from Trimester III of the same year.
*
*
*
*
*
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
3. In § 648.22, paragraph (a)(2)(i) is
added and paragraph (a)(2)(ii) is added
and reserved to read as follows:
§ 648.22
Closure of the fishery.
(a) * * *
(2) * * *
(i) If the Regional Administrator
determines that the Trimester I closure
threshold has been underharvested by
25% or more, then the amount of the
underharvest shall be reallocated to
Trimester II and Trimester III in equal
amounts, through notice in the Federal
Register.
(ii) [Reserved]
*
*
*
*
*
4. In § 648.23, paragraph (a)(3)(i) is
revised to read as follows:
§ 648.23
Gear restrictions.
(a) ***
(3) ***
(i) Net obstruction or constriction.
Owners or operators of otter trawl
vessels fishing for and/or possessing
Loligo shall not use any device, gear, or
material, including, but not limited to,
nets, net strengtheners, ropes, lines, or
chafing gear, on the top of the regulated
portion of a trawl net that results in an
effective mesh opening of less than 17/
8 inches (48 mm) diamond mesh, inside
stretch measure. ‘‘Top of the regulated
portion of the net’’ means the 50 percent
of the entire regulated portion of the net
that would not be in contact with the
ocean bottom if, during a tow, the
regulated portion of the net were laid
flat on the ocean floor. However, owners
or operators of otter trawl vessels fishing
for and/or possessing Loligo may use net
strengtheners (covers), splitting straps,
and/or bull ropes or wire around the
entire circumference of the codend,
provided they do not have a mesh
opening of less than 5 inches (12.7 cm)
diamond mesh, inside stretch measure.
For the purpose of this requirement,
head ropes are not to be considered part
of the top of the regulated portion of a
trawl net.
*
*
*
*
*
[FR Doc. E9–26847 Filed 11–10–09; 8:45 am]
BILLING CODE 3510–22–S
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Agencies
[Federal Register Volume 74, Number 217 (Thursday, November 12, 2009)]
[Proposed Rules]
[Pages 58234-58238]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26847]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 0907301206-91208-01]
RIN 0648-AY13
Fisheries of the Northeastern United States; Atlantic Mackerel,
Squid, and Butterfish Fisheries; Specifications and Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes 2010 specifications and management measures for
Atlantic mackerel, squid, and butterfish (MSB). This action proposes to
maintain quotas for Atlantic mackerel (mackerel), Illex squid (Illex),
Loligo squid (Loligo), and butterfish at the same levels as 2009. This
action also proposes to modify accounting procedures for underages of
Trimester 1 quotas in the Loligo fishery so that Trimester 1 quota
underages that are greater than 25% of the Trimester 1 quota would be
allocated equally to Trimesters 2 and 3, and underages that are less
than 25% of the Trimester 1 quota would be allocated to Trimester 3.
Additionally, this action proposes to increase the minimum mesh size
requirement for codend covers in the Loligo fishery from 4.5 inches to
5 inches. These proposed specifications and management measures promote
the utilization and conservation of the MSB resource.
DATES: Public comments must be received no later than 5 p.m., eastern
standard time, on December 14, 2009.
ADDRESSES: Copies of supporting documents used by the Mid-Atlantic
Fishery Management Council (Council), including the Environmental
Assessment (EA) and Regulatory Impact Review (RIR)/Initial Regulatory
Flexibility Analysis (IRFA), are available from: Daniel Furlong,
Executive Director, Mid-Atlantic Fishery Management Council, Room 2115,
Federal Building, 300 South New Street, Dover, DE 19904-6790. The EA/
RIR/IRFA is accessible via the Internet at https://www.nero.noaa.gov.
You may submit comments, identified by 0648-AY13, 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 NMFS, Northeast Regional Office, 55 Great Republic
Dr, Gloucester, MA 01930. Mark the outside of the envelope ``Comments
on 2010 MSB Specifications.''
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)
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
Regulations implementing the Fishery Management Plan for the
Atlantic Mackerel, Squid, and Butterfish Fisheries (FMP) appear at 50
CFR part 648, subpart B. Regulations governing foreign fishing appear
at 50 CFR part 600, subpart F. These regulations at Sec. 648.21 and
600.516(c), require that NMFS, based on the maximum optimum yield (Max
OY) of each fishery as established by the regulations, annually publish
a proposed rule specifying the amounts of the initial optimum yield
(IOY), allowable biological catch (ABC), domestic annual harvest (DAH),
and domestic annual processing (DAP), as well as, where applicable, the
amounts for total allowable level of foreign fishing (TALFF) and joint
venture processing (JVP) for the affected species managed under the
FMP. In addition, these regulations allow specifications to be
specified for up to 3 years, subject to annual review. The regulations
found in Sec. 648.21 also specify that IOY for squid is equal to the
combination of research quota (RQ) and DAH, with no TALFF specified for
squid. For butterfish, the regulations specify that a butterfish
bycatch TALFF will be specified only if TALFF is specified for
mackerel.
At its June 9-11, 2009, meeting in New York, NY, the Mid-Atlantic
Fishery Management Council (Council) recommended 2010 MSB
specifications. The recommended specifications for mackerel, Illex,
Loligo, and butterfish are the same as those implemented in 2009. For
Loligo, the Council recommended a modification in accounting Trimester
1 quota underages. The Council also recommended increasing the minimum
mesh size requirement for codend covers in the Loligo fishery. The
Council submitted these recommendations, along with the required
analyses, for agency review on August 10, 2009.
Research Quota
Framework Adjustment 1 to the FMP established the Mid-Atlantic
Research Set-Aside (RSA) Program, which allows research projects to be
funded through the sale of fish that has been set aside from the total
annual quota. The RQ may vary between 0 and 3 percent of the overall
quota for each species. The Council has recommended that 3 percent of
the 2010 Loligo, Illex, butterfish, and mackerel quotas be set aside to
fund projects selected under the 2010 Mid-Atlantic RSA Program.
NMFS solicited research proposals under the 2010 Mid-Atlantic RSA
Program through the Federal Register (74 FR 75, January 2, 2009). The
deadline for submission was March 3, 2009. The project selection and
award process for the 2010 Mid-Atlantic RSA Program has not concluded
and therefore, the research quota awards are not known at this time.
When the selection process has concluded, projects requesting RQ will
be forwarded to the NOAA Grants Office for award. If any portion of the
RQ is not awarded, NMFS will return any un-awarded RQ to the commercial
fishery
[[Page 58235]]
either through the final 2010 MSB specification rulemaking process or
through the publication of a separate notice in the Federal Register
notifying the public of a quota adjustment.
Vessels harvesting RQ in support of approved research projects
would be issued exempted fishing permits (EFP) authorizing them to
exceed Federal possession limits and to fish during Federal quota
closures. The Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act) requires that interested parties be provided an
opportunity to comment on all proposed EFPs. These exemptions are
necessary to allow project investigators to recover research expenses,
as well as adequately compensate fishing industry participants
harvesting RQ. Vessels harvesting RQ would operate within all other
regulations that govern the commercial fishery, unless otherwise
exempted through a separate EFP.
2010 Proposed Specifications and Management Measures
Table 1. Proposed Specifications, in Metric Tons (mt), for Atlantic
Mackerel, Squid, and Butterfish for 2010 Fishing Year.
------------------------------------------------------------------------
Specifications Loligo Illex Mackerel Butterfish
------------------------------------------------------------------------
Max OY 32,000 24,000 N/A 12,175
ABC 19,000 24,000 156,000 1,500
IOY\3\ 18,430 23,280 111,550\1\ 485
DAH 19,000 24,000 115,000\2\ 500
DAP 19,000 24,000 100,000 500
JVP 0 0 0 0
TALFF 0 0 0 0
------------------------------------------------------------------------
\1\ IOY may be increased during the year, but the total ABC will not
exceed 156,000 mt.
\2\ Includes a 15,000 mt catch of Atlantic mackerel by the recreational
fishery.
\3\ Excludes 3 percent of the IOY for RQ.
Atlantic Mackerel
The status of the Atlantic mackerel stock was most recently
assessed at the 42nd Stock Assessment Review Committee (SARC) in late
2005. SARC 42 concluded that the mackerel stock is not overfished and
overfishing is not occurring. According to the FMP, mackerel ABC must
be calculated using the formula ABC = T - C, where C is the estimated
catch of mackerel in Canadian waters for the upcoming fishing year and
T is the yield associated with a fishing mortality rate that is equal
to the target fishing mortality rate (F). Based on projections from
SARC 42, the yield associated with the target F of 0.12 in 2008 is
211,000 mt. SARC 42 did not project yields for 2010, but the yield
projections from 2008 will be used as a proxy until new projections are
calculated in the next mackerel stock assessment, currently scheduled
for December 2009. Canadian catch of mackerel has been increasing in
recent years; therefore, the estimate of Canadian catch for 2010 will
remain at the 2009 level of 55,000 mt. Thus, 211,000 mt minus 55,000 mt
results in a proposed 2010 mackerel ABC of 156,000 mt.
This action proposes a mackerel IOY of 115,000 mt. The Council
selected an IOY under all three alternatives that is consistent with
the recent increases in processing capacity and domestic landings of
mackerel. The recent increase in US processing capacity in conjunction
with relatively high world demand has created conditions which are
favorable for continued growth of the US mackerel fishery. Industry
testimony from shore side processors indicated that the ability and
intent exist to land and process well in excess of 100,000 mt of
Atlantic mackerel in 2010. To reach this level, the Atlantic mackerel
stock will need to be sufficiently abundant and available in the right
sizes to the harvest sector (unlike the situations in 2007-2009).
Industry members have testified that if stock conditions are similar to
those prior to 2005, then they fully intend and expect to land the
entire IOY. The proposed 115,000 mt IOY is consistent with mackerel
regulations at Sec. 648.21(b)(2)(ii), which state that IOY is a
modification of ABC, based on social and economic factors, and must be
less than or equal to ABC.
The Magnuson-Stevens Act provides that the specification of TALFF,
if any, shall be that portion of the optimum yield (OY) of a fishery
that will not be harvested by vessels of the United States. TALFF would
allow foreign vessels to harvest U.S. fish and sell their product on
the world market, in direct competition with the U.S. industry efforts
to expand exports. While a surplus existed between ABC and DAH for many
years, that surplus has disappeared due to the downward revision in the
estimate of MSY and recent increases in both US and Canadian landings.
The Council concluded that no surplus exists between the US portion of
the sustainable yield from this stock and the IOY for 2010. As a result
TALFF is specified as zero under all three alternatives considered by
the Council. Based on analysis and a review of the state of the world
mackerel market and possible increases in US production levels, the
Council concluded that specifying an IOY resulting in zero TALFF will
yield positive social and economic benefits to the mackerel fishery and
to the Nation.
For these reasons, consistent with the Council's recommendation,
NMFS proposes to specify IOY at a level that can be fully harvested by
the domestic fleet, thereby precluding the specification of a TALFF, in
order to assist the U.S. mackerel industry to expand. This would yield
positive social and economic benefits to both U.S. harvesters and
processors. NMFS concurs that it is reasonable to assume that in 2010
the commercial fishery has the ability to harvest 100,000 mt of
mackerel. Thus DAH would be 115,000 mt, which is the commercial harvest
plus the 15,000 mt available for the recreational fishery. Because IOY
= DAH, this specification is consistent with the Council's
recommendation that the level of IOY should not provide for a TALFF.
NMFS proposes to maintain JVP at zero (the most recent allocation
was 5,000 mt of JVP in 2004), consistent with the Council's
recommendation. In previous years, the Council recommended a JVP
greater than zero because it believed U.S. processors lacked the
ability to process the total amount of mackerel that U.S. harvesters
could land. However, for the past 6 years, the Council has recommended
zero JVP because the surplus between DAH and DAP has been declining as
U.S. shoreside processing capacity for
[[Page 58236]]
mackerel has expanded. The Council also heard from the industry that
the availability (i.e., size, distribution, and abundance) of mackerel
to the fishery, rather than processing capacity, has curtailed catch in
recent years. The Council concluded that processing capacity is no
longer a limiting factor relative to domestic production of mackerel,
so JVP would be specified at zero.
Inseason Adjustment of the Mackerel IOY
Regulations at Sec. 648.21(e) provide that specifications may be
adjusted inseason during the fishing year by the NMFS Northeast
Regional Administrator (Regional Administrator), in consultation with
the Council, by publishing a notice in the Federal Register and
providing a 30-day public comment period. In 2010, as in 2009, NMFS's
Northeast Fishery Statistic Office will summarize mackerel landings
from dealer reports on a weekly basis and post this information on the
Northeast Regional Office website (https://www.nero.noaa.gov/). NMFS
staff will closely monitor these landings and industry trends to
determine if an inseason adjustment is necessary. If, using landings
projections and all other available information, the Regional
Administrator determines that 70 percent of the Atlantic mackerel IOY
will be landed during the 2010 fishing year, the Regional Administrator
will make available additional quota for a total IOY of 156,000 mt of
Atlantic mackerel for harvest during 2010. Additionally, if an inseason
adjustment of the IOY is warranted, the Regional Administrator will
notify the Council and the inseason adjustment will be published in the
Federal Register.
Atlantic Squids
Loligo
Amendment 9 to the FMP (Amendment 9) (73 FR 37382, July 1, 2008)
revised the proxies for Loligo target and threshold fishing mortality
rates, FTarget and FThreshold, respectively, to
reflect the analytical advice provided by the most recent Loligo stock
assessment review committee (SARC 34). While Amendment 9 revised 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 revised proxies
for FTarget and FThreshold implemented in
Amendment 9 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) is used as the basis for establishing Loligo
OY. The use of a proxy is necessary because 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.
Based on the revised biological reference points for Loligo, the
Council recommended that the 2010 Loligo Max OY, ABC, IOY, DAH, and DAP
remain at the 2009 level. Therefore, the proposed Loligo Max OY for
2010 is 32,000 mt and the proposed ABC, IOY, DAH, DAP is 19,000 mt.
NMFS concurs with the Council's recommendation, therefore, this
action proposes a 2010 Loligo Max OY of 32,000 mt and an ABC, IOY DAH,
and DAP of 19,000 mt. The FMP does not authorize the specification of
JVP and TALFF for the Loligo fishery because of the domestic industry's
capacity to harvest and process the OY for this fishery.
Distribution of the Loligo DAH
As was done in 2007 to 2009, NMFS is proposing that the 2010 Loligo
DAH be allocated into trimesters, consistent with the Council's
recommendation. The proposed 2010 trimester allocations would be as
follows:
Table 2. Proposed Trimester Allocation of Loligo Quota in 2009
------------------------------------------------------------------------
Trimester Percent Metric Tons\1\
------------------------------------------------------------------------
I (Jan-Apr) 43 7,925
II (May-Aug) 17 3,133
III (Sep-Dec) 40 7,372
Total 100 18,430
------------------------------------------------------------------------
\1\ Trimester allocations after 570 mt RQ deduction.
This action proposes to adjust how Trimester I underages are
distributed among the remaining Trimesters. Currently any overages or
underages in Trimester I or II are applied to Trimester III. The
proposed action would split the distribution of Trimester I underages
evenly between Trimester II and III if the underage is greater than 25%
of the Trimester I quota. All other underages or overages would be
applied to Trimester III, as is currently done.
In 2008, the fishery experienced a significant underage in
Trimester I, which was then applied to Trimester III. However the
fishery also experienced a closure during Trimester II. This resulted
in the fishery being unable to harvest the total DAH in Trimester III.
The proposed method of underage distribution will facilitate a
reduction in small transfers that could lead to unforseable season
openings or closures in Trimester II. This will prevent an underharvest
of the annual quota, and distribute unharvested quota evenly throughout
the year. However, as a result of both the inherent data processing
time lag and late dealer reporting in the dealer reporting program, it
is not possible to make the underage calculation and announce a quota
adjustment until up to two months after Trimester 1 ends.
Changes to Loligo Codend Mesh Size Requirements
This action proposes to increase the ``net strengthener''/``codend
cover'' minimum mesh requirement from 4.5 inches to 5 inches (inside
stretch measurement). This would make the Loligo codend mesh size
requirement consistent with the next highest mesh size currently
required in another Mid-Atlantic fishery (Scup).
Illex Squid
The Illex stock was most recently assessed at SARC 42 in late 2005.
While it was not possible to evaluate current stock status because
there are no reliable current estimates of stock biomass or fishing
mortality rate, qualitative analyses determined that overfishing had
not likely been occurring.
NMFS proposes to maintain the Illex specifications in 2010 at the
same levels as they were for the 2009 fishing year, consistent with the
Council's recommendation. This action proposes that the specification
of Max OY, IOY, ABC, and DAH would be 24,000 mt. This level of DAH
corresponds to a target fishing mortality rate of 75 percent FMSY. The
FMP does not authorize the specification of JVP and TALFF for the Illex
fishery because of the domestic fishing industry's capacity to harvest
and to process the OY from this fishery.
Butterfish
The status of the butterfish stock was most recently assessed at
SARC 38 in late 2004. The assessment concluded that, while overfishing
of the stock is not occurring, the stock is overfished because
estimates of stock biomass are
[[Page 58237]]
below the minimum biomass threshold (\1/2\ BMSY). SARC 38
estimated the butterfish stock at 8,700 mt, \1/2\ BMSY at
11,400 mt, and BMSY at 22,798 mt. Based on this information,
the Council was notified by NMFS on February 11, 2005, that the
butterfish stock was designated as overfished, pursuant to the
requirements of section 304(e) of the Magnuson-Stevens Act. The Council
has developed a rebuilding plan for the butterfish stock in Amendment
10 to the , which was approved October 7, 2009. As in 2009, the Council
recommended that the quota be restricted to recent landings levels to
prevent an expansion of the fishery and to protect the rebuilding
stocks. Without a current market for butterfish, a directed butterfish
fishery has not existed for several years, with landings since 2003
ranging from 437 mt to 674 mt.
The MSB FMP specifies that maximum sustainable yield equals Max OY.
SARC 38 re-estimated butterfish maximum sustainable yield as 12,175 mt,
and the butterfish overfishing threshold at F of 0.38. Assuming that
butterfish discards equal twice the level of landings, the amount of
butterfish discards associated with approximately 500 mt of landings is
approximately 1,000 mt.
Therefore, in 2010, as implemented in 2009, the proposed
specifications would set the Max OY at 12,175 mt; the ABC at 1,500 mt;
and the IOY, DAH, and DAP at 500 mt. Harvest at these proposed levels
should prevent overfishing on the butterfish stock in 2010.
Additionally, consistent with MSB regulations, the Council recommended,
and NMFS is proposing, zero TALFF for butterfish in 2010 because zero
TALFF is proposed for mackerel.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the Atlantic Mackerel, Squid, and Butterfish FMP, other
provision of the Magnuson-Stevens Act, and other applicable law,
subject to further consideration after pubic comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Council prepared an IRFA, as required by section 603 of the
Regulatory Flexibility Act (RFA). The IRFA describes the economic
impact this proposed rule, if adopted, would have on small entities. A
summary of the analysis follows. A copy of this analysis is available
from the Council or NMFS (see ADDRESSES) or via the Internet at https://www.nero.noaa.gov.
Statement of Objective and Need
This action proposes 2010 specifications and management measures
for mackerel, squid, and butterfish, and proposes to modify accounting
procedures for underages of Trimester 1 quotas in the Loligo fishery,
and to increase the minimum mesh size requirement for codend covers in
the Loligo fishery from 4.5 inches to 5 inches. A complete description
of the reasons why this action is being considered, and the objectives
of and legal basis for this action, are contained in the preamble to
this proposed rule and are not repeated here.
Description and Estimate of Number of Small Entities to Which the Rule
Will Apply
Based on permit data for 2008, the numbers of potential fishing
vessels in the 2009 fisheries are as follows: 371 for Loligo/
butterfish, 77 for Illex, 2,342 for mackerel, and 2,193 vessels with
incidental catch permits for squid/butterfish. There are no large
entities participating in this fishery, as defined in section 601 of
the RFA. Therefore, there are no disproportionate economic impacts on
small entities. Many vessels participate in more than one of these
fisheries; therefore, permit numbers are not additive.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
This action does not contain any new collection-of-information,
reporting, recordkeeping, or other compliance requirements. It does not
duplicate, overlap, or conflict with any other Federal rules.
Minimizing Significant Economic Impacts on Small Entities
Proposed Actions
The mackerel IOY proposed in this action (115,000 mt, with 15,000
mt allocated to recreational catch) represents status quo, as compared
to 2009, and is no constraint to vessels relative to the landings in
recent years. Mackerel landings for 2004-2006 averaged 51,836 mt.
Landings in 2007 were 25,547 mt, and landings in 2008 were 21,749 mt.
This action also allows for an inseason adjustment, which would
increase the IOY up to the ABC (156,000 mt), if landings approach the
IOY early in the fishing year. Therefore, no reductions in revenues for
the mackerel fishery are expected as a result of this proposed action.
The Loligo IOY (19,000 mt) proposed in this action represents the
status quo compared to the 2009. No reductions in revenues for the
Loligo fishery are expected as a result of this proposed action.
The Illex IOY (24,000 mt) proposed in this action represents status
quo as compared to 2008. Implementation of this proposed action would
not result in a reduction in revenue or a constraint on expansion of
the fishery in 2010.
The butterfish IOY proposed in this action (500 mt) represents
status quo, as compared to 2009, and represents only a minimal
constraint to vessels relative to the landings in recent years. Due to
market conditions, there has not been a directed butterfish fishery in
recent years; therefore, recent landings have been low. Given the lack
of a directed butterfish fishery and low butterfish landings, the
proposed action is not expected to reduce revenues in this fishery more
than minimally.
The accounting methods for Loligo trimester underages proposed in
this action would distribute any substantial underage in Trimester I
(greater than 25% of the Trimester I quota) evenly over the rest of the
year. This method of transferring quota over to Trimester II from
Trimester I may provide some economic benefits to this fishery compared
to how the fishery was prosecuted under the 2008 and 2009
specifications.
The proposed action would also increase the required minimum codend
cover mesh size from 4.5 inches to 5.0 inches in the Loligo fishery. A
mesh size increase is not expected to have a significant impact on
landings since most of the selectivity occurs in the codend liner. Most
vessels are equipped with nets meeting or exceeding the proposed codend
minimum mesh size, so no negative impacts on revenues in this fishery
are expected as a result of these alternatives.
Alternatives to the Proposed Rule
The Council analysis evaluated two alternatives to the proposed
action for mackerel, which is also the status quo. The first
alternative would have set the ABC at 56,000 mt, IOY at 56,000 mt, and
the second alternative would have set the ABC at 186,000 mt, IOY at
115,000 mt. Based on recent harvest levels, neither of the ABC and IOY
alternatives represent a constraint on vessels in this fishery.
However, the ABC of 56,000 mt in the first alternative could result in
forgone revenue if mackerel is available to the fishery.
For Loligo, the alternatives to the proposed action would have set
the Max OY at 32,000 mt and ABC, IOY, DAH,
[[Page 58238]]
and DAP at 19,000 mt, as in the proposed action, and the status quo.
The alternatives differed only in how Trimester underages and overages
were applied to the following Trimester quotas. The first alternative
is the status quo, and would continue to transfer Trimester I and II
overages or underages to Trimester III. The second alternative would
make the full amount of a Trimester I underage available to Trimester
II. The proposed action distributes any substantial underage in
Trimester I (greater than 25% of the Trimester I quota) evenly over the
rest of the year, which may positively impact Loligo stocks, and
prevent an underharvest of the annual quota.
The three alternatives to the proposed minimum codend mesh size
increase were all more restrictive than the proposed increase or the
status quo. The first alternative recommended a minimum codend mesh
size of 6 inches. This mesh size represents the most frequently
observed codend mesh size observed in the Loligo fishery. The second
alternative recommended a 6 inch mesh size using a square mesh for
codend covers. Although diamond mesh is predominantly used in the
Loligo fishery, this alternative specified square mesh based on reduced
obstruction caused by square mesh compared to the diamond mesh. The
third alternative would have required a minimum codend mesh size of 9.5
inches using square mesh. This alternative is based on the largest and
least obstructive mesh size and type that has been observed in use for
a codend cover in the Loligo fishery.
For Illex, one alternative was considered that would have set the
ABC, IOY, DAH, and DAP at 19,000 mt rather than 24,000 mt. This quota
was used between 1997 and 1999, and was associated with the SAW 21
stock assessment from 1996. However, this alternative would still allow
harvest in excess of recent landings in this fishery.
For butterfish, two alternatives were considered in addition to the
recommended action. The first would have set Max OY at 12,175 mt, ABC
at 4,525 mt, and IOY, DAH, and DAP 1,861 mt, which is equivalent to the
2005-2007 specifications. The second alternative would set Max OY at
12,175 mt, ABC at 9,131 mt, and IOY, DAH, and DAP at 3,044 mt. The
amounts in this alternative represent the specifications that would
result from the application of the F target control rule if the
butterfish stock was declared rebuilt. This alternative has been
included due to the potential for rapid rebuilding in the butterfish
stock. However, this alternative was not adopted by the Council because
it would likely result in overfishing and the additional depletion of
the spawning stock biomass of an overfished species. None of these
alternatives represent a constraint on vessels in this fishery or would
reduce revenues in the fishery.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: November 03, 2009.
John Oliver,
Deputy Assistant Administrator For Operations, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is
proposed to be amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
1. The authority citation for part 648 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 648.21, paragraph (f)(2) is revised to read as follows:
Sec. 648.21 Procedures for determining initial annual amounts.
(f) * * *
(2) Any underages of commercial period quota for Trimester I, which
are greater than 25% of the Trimester I quota, will be divided in half,
with one portion applied to Trimester II, and one portion applied to
Trimester III of the same year. Any underages of commercial period
quota for Trimester I, which are less than 25% of the Trimester I
quota, will be applied to Trimester III of the same year. Any overages
of commercial quota for Trimesters I and II will be subtracted from
Trimester III of the same year.
* * * * *
3. In Sec. 648.22, paragraph (a)(2)(i) is added and paragraph
(a)(2)(ii) is added and reserved to read as follows:
Sec. 648.22 Closure of the fishery.
(a) * * *
(2) * * *
(i) If the Regional Administrator determines that the Trimester I
closure threshold has been underharvested by 25% or more, then the
amount of the underharvest shall be reallocated to Trimester II and
Trimester III in equal amounts, through notice in the Federal Register.
(ii) [Reserved]
* * * * *
4. In Sec. 648.23, paragraph (a)(3)(i) is revised to read as
follows:
Sec. 648.23 Gear restrictions.
(a) ***
(3) ***
(i) Net obstruction or constriction. Owners or operators of otter
trawl vessels fishing for and/or possessing Loligo shall not use any
device, gear, or material, including, but not limited to, nets, net
strengtheners, ropes, lines, or chafing gear, on the top of the
regulated portion of a trawl net that results in an effective mesh
opening of less than 17/8 inches (48 mm) diamond mesh, inside stretch
measure. ``Top of the regulated portion of the net'' means the 50
percent of the entire regulated portion of the net that would not be in
contact with the ocean bottom if, during a tow, the regulated portion
of the net were laid flat on the ocean floor. However, owners or
operators of otter trawl vessels fishing for and/or possessing Loligo
may use net strengtheners (covers), splitting straps, and/or bull ropes
or wire around the entire circumference of the codend, provided they do
not have a mesh opening of less than 5 inches (12.7 cm) diamond mesh,
inside stretch measure. For the purpose of this requirement, head ropes
are not to be considered part of the top of the regulated portion of a
trawl net.
* * * * *
[FR Doc. E9-26847 Filed 11-10-09; 8:45 am]
BILLING CODE 3510-22-S