Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Specifications and Management Measures, 70187-70192 [2010-29002]
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Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Proposed Rules
concerning this proposed rule. We
encourage the public’s involvement in
this matter and therefore have
scheduled a public hearing to be held in
Honolulu, Oahu, Hawaii. This public
hearing will be held on January 20,
2011, at the McCoy Pavilion at the Ala
Moana Park, 1201 Ala Moana Blvd,
Honolulu, HI 96814 from 6:30 to 9 p.m.
NMFS will consider requests for
additional public hearings that are made
in writing and received (see ADDRESSES)
by January 31, 2011. If additional public
hearings are requested and will be held,
details regarding location(s), date(s), and
time(s) will be published in a
forthcoming Federal Register notice.
believed to occur, and those states will
be invited to comment on this proposal.
We have conferred with the state of
Hawaii in the course of assessing the
status of the Hawaiian insular false
killer DPS, and considered, among other
things, Federal, state, and local
conservation measures. As we proceed,
we intend to continue engaging in
informal and formal contacts with the
state, and other affected local or regional
entities, giving careful consideration to
all written and oral comments received.
References
A complete list of all references cited
herein is available upon request (see FOR
FURTHER INFORMATION CONTACT).
Dated: November 10, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
Classification
National Environmental Policy Act
The 1982 amendments to the ESA, in
section 4(b)(1)(A), restrict the
information that may be considered
when assessing species for listing. Based
on this limitation of criteria for a listing
decision and the opinion in Pacific
Legal Foundation v. Andrus, 657 F. 2d
829 (6th Cir. 1981), we have concluded
that ESA listing actions are not subject
to the environmental assessment
requirements of the National
Environmental Policy Act (See NOAA
Administrative Order 216–6).
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Executive Order 12866, Regulatory
Flexibility Act, and Paperwork
Reduction Act
As noted in the Conference Report on
the 1982 amendments to the ESA,
economic impacts cannot be considered
when assessing the status of a species.
Therefore, the economic analysis
requirements of the Regulatory
Flexibility Act are not applicable to the
listing process. In addition, this
proposed rule is exempt from review
under Executive Order 12866. This
proposed rule does not contain a
collection-of-information requirement
for the purposes of the Paperwork
Reduction Act.
Executive Order 13132, Federalism
In accordance with E.O. 13132, we
determined that this proposed rule does
not have significant Federalism effects
and that a Federalism assessment is not
required. In keeping with the intent of
the Administration and Congress to
provide continuing and meaningful
dialogue on issues of mutual state and
Federal interest, this proposed rule will
be given to the relevant state agencies in
each state in which the species is
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List of Subjects in 50 CFR Part 224
Endangered marine and anadromous
species.
For the reasons set out in the
preamble, 50 CFR part 224 is proposed
to be amended as follows:
PART 224—ENDANGERED MARINE
AND ANADROMOUS SPECIES
1. The authority citation for part 224
continues to read as follows:
Authority: 16 U.S.C. 1531–1543 and 16
U.S.C. 1361 et seq.
§ 224.101
[Amended]
2. In § 224.101, amend paragraph (b)
by adding, ‘‘False killer whale
(Pseudorca crassidens), Hawaiian
insular distinct population segment’’ in
alphabetical order.
[FR Doc. 2010–28843 Filed 11–16–10; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 100804323–0544–01]
RIN 0648–BA03
Fisheries of the Northeastern United
States; Atlantic Mackerel, Squid, and
Butterfish Fisheries; Specifications
and Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule, request for
comments.
AGENCY:
NMFS proposes 2011
specifications and management
measures for Atlantic mackerel, squid,
and butterfish (MSB). This action
proposes to modify the measure that
SUMMARY:
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70187
transfers Loligo squid (Loligo) quota
underages from Trimester I to
Trimesters II and III by limiting the
Trimester II quota increase to no more
than 50 percent. This action also
proposes to revise the 72-hr pre-trip
observer notification requirement for the
Loligo fishery to accommodate vessels
departing for multiple day trips in a
week. 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 17, 2010.
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: Dr. Christopher M.
Moore, 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–BA03, 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: Aja PetersMason;
Mail to NMFS, Northeast Regional
Office, 55 Great Republic Dr,
Gloucester, MA 01930. Mark the
outside of the envelope ‘‘Comments
on 2011 MSB Specifications.’’
Instructions: No comments will be
posted for public viewing until after the
comment period has closed. 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 (for example, 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 (enter N/A in the required
fields, if you wish to remain
anonymous). You may submit
attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this proposed
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Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Proposed Rules
rule may be submitted to NMFS,
Northeast Regional Office and by e-mail
to OIRA_Submission@omb.eop.gov, or
fax to 202–395–7285.
FOR FURTHER INFORMATION CONTACT: Aja
Peters-Mason, Fishery Policy Analyst,
978–281–9195, fax 978–281–9135.
SUPPLEMENTARY INFORMATION:
Background
Regulations implementing the MSB
Fishery Management Plan (FMP) appear
at 50 CFR part 648, subpart B.
Regulations governing foreign fishing
appear at 50 CFR part 600, subpart F.
The 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, 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 at
§ 648.21 also specify that IOY for Illex
and Loligo 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 8–10, 2010, meeting in
New York, NY, the Council
recommended MSB specifications for
the 2011 fishing year. The Council
considered the recommendations made
by its Monitoring Committee and
Scientific and Statistical Committee
(SSC). The SSC recommends ABC. SSC
advice accounts for scientific
uncertainty regarding stock status and
biological reference points in
recommending the ABC, and the
Council relies on that ABC
recommendation to set other
specifications. In addition to 2011
specifications for each of the MSB
species, the Council recommended a
modification in the provision that
transfers Trimester I quota underages to
Trimesters II and III for the Loligo
fishery. The Council submitted these
recommendations, along with the
required analyses, for agency review on
July 19, 2010, with final submission on
September 23, 2010.
Research Quota
The Mid-Atlantic Research Set-Aside
(RSA) Program 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 2011 Illex squid
(Illex), butterfish, and Atlantic mackerel
(mackerel) IOY be set aside to fund
projects selected under the 2011 MidAtlantic RSA Program. For Loligo, only
330 mt (1.65 percent) is proposed to be
available for RSA, to reduce impacts on
butterfish from RSA Loligo fishing.
NMFS solicited research proposals
under the 2011 Mid-Atlantic RSA
Program through the Federal Register
(75 FR 3092, January 19, 2010). The
deadline for submission was March 22,
2010. The project selection and award
process for the 2011 Mid-Atlantic RSA
Program has not concluded and,
therefore, the research quota awards are
not known at this time. When the
selection process has been 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
either through the final 2011 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.
2011 Proposed Specifications and
Management Measures
TABLE 1—PROPOSED SPECIFICATIONS, IN METRIC TONS (MT), FOR ATLANTIC MACKEREL, SQUID, AND BUTTERFISH FOR
2011 FISHING YEAR
Specifications
Loligo
Max OY ....................................................................................................................................
ABC ..........................................................................................................................................
IOY ...........................................................................................................................................
DAH ..........................................................................................................................................
DAP ..........................................................................................................................................
JVP ...........................................................................................................................................
TALFF ......................................................................................................................................
1 Includes
Unknown
24,000
23,328
23,328
23,328
N/A
N/A
Mackerel
Unknown
47,395
46,779
1 46,779
31,779
0
0
Butterfish
Unknown
1,500
500
500
500
0
0
a 15,000-mt catch of Atlantic mackerel by the recreational fishery.
Atlantic Mackerel
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32,000
24,000
20,000
20,000
20,000
N/A
N/A
Illex
The status of the mackerel stock was
assessed by the Transboundary
Resources Assessment Committee
(TRAC) in March 2010. Though the
2010 TRAC Status Report indicated
reduced productivity in the stock and a
lack of older fish in both the survey and
catch data, the status of the mackerel
stock is unknown, because biomass
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reference points could not be
determined. According to the FMP,
mackerel ABC must be calculated using
the formula U.S. 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). Due to uncertainty in
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the assessment, the TRAC
recommended that total annual catches
not exceed the average total landings
(80,000 mt) over the last 3 years (2006–
2008) until new information is
available. Since there is no calculation
of yield at target F available from the
most recent assessment, the Council’s
SSC recommended specifying the stockwide ABC for 2011 at 80,000 mt,
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consistent with the TRAC
recommendation.
Expected Canadian catch (32,605 mt)
was derived by examining the
relationship between U.S. landings in
one year for the years 1994–2008 and
the Canadian landings in the next year
(1995–2009); the two landings series
were found to be strongly correlated
(correlation coefficient = 0.86). During
this time series, Canadian landings in
one year were on average 1.71 times
higher than U.S. landings the previous
year; the relationship can thus be used
as a scaling factor for determining
expected Canadian catch. Analysis
revealed that multiplying U.S. catch in
one year by 3.218 (95th percentile of
scaling factors 1994–2009) would have
underestimated Canadian catch in the
following year in only 1 out of 15 of
those ‘‘year pairs.’’ The 95th percentile
scaling factor was applied to 2010 U.S.
mackerel catch (10,000 mt prior to July
1) to derive expected Canadian catch for
2011 (32,180 mt); this was increased to
32,605 mt to account for Canadian
mackerel discards. Subtracting the
expected 2011 Canadian catch of 32,605
mt from the stock-wide ABC of 80,000
mt yields a proposed 2011 U.S. ABC of
47,395 mt.
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 downward
adjustments of the specifications in
recent years. Based on analysis and a
review of the state of the world
mackerel market and possible increases
in U.S. production levels, the Council
concluded that specifying an IOY
resulting in zero TALFF will yield
positive social and economic benefits to
both U.S. harvesters and processors, 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 support the U.S. mackerel
industry. NMFS concurs that it is
reasonable to assume that in 2011 the
commercial fishery has the ability to
harvest 46,779 mt of mackerel.
The 2010 TRAC assessment also
estimated U.S. mackerel discards from
1989–2008. For the most recent 5 years
for which complete data are available
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(2004–2008), total discards accounted
for 1.3 percent of total catch. In order to
account for discards, the Council
recommended, and NMFS is proposing,
specifying the mackerel IOY and DAH at
46,779 m (ABC minus 1.3 percent for
discards). The DAH includes
commercial harvest plus the 15,000 mt
available for the recreational fishery.
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
the past, 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 7 years, the
Council has recommended zero JVP
because U.S. shoreside processing
capacity for mackerel has expanded.
The Council concluded that processing
capacity was no longer a limiting factor
relative to domestic production of
mackerel, even at the higher DAP of
100,000 mt; this is even more true with
the proposed DAP of 31,779 mt.
Atlantic Squids
Loligo
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. Based on advice
provided in November 2001 by the most
recent Loligo stock assessment review
committee meeting (SARC 34), the FMP
uses fishing mortality rate (F) proxies
that are fixed values based on average
fishing mortality rates achieved during
a time period when the stock biomass
was fairly resilient (1987–2000). 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 interannually and influenced by changing
environmental conditions. To determine
if overfishing is occurring, the FThreshold
proxy is the 75th percentile of fishing
mortality rates during 1987–2000. The
FTarget proxy used to determine OY is the
average F during the same period.
Using these proxies, the SSC
recommended a Loligo Max OY of
32,000 mt, and recommended that 75
percent of that value, 24,000 mt, be used
for an ABC. SARC 34 also recommended
that the Council limit total landings and
discards to 20,000 mt. Therefore, the
Council proposed that IOY, DAH, and
DAP be set at 20,000 mt.
NMFS concurs with the Council’s
recommendation; therefore, this action
proposes a 2011 Loligo Max OY of
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32,000 mt, an ABC of 24,000 mt, and an
IOY, DAH, and DAP of 20,000 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
The proposed 2011 Loligo DAH would
be allocated into trimesters, according to
percentages specified in the FMP, as
follows:
TABLE 2—PROPOSED TRIMESTER ALLOCATION OF LOLIGO QUOTA IN
2011
Trimester
Percent
Metric
tons
I (Jan–Apr) ................
II (May–Aug) .............
III (Sep–Dec) ............
43
17
40
8,600
3,400
8,000
Total ...................
100
20,000
This action proposes to adjust how
Trimester I underages would be
distributed among the remaining
Trimesters. Currently, Trimester I Loligo
underages greater than 25 percent of the
Trimester I quota are distributed evenly
between Trimesters II and III. The
Council expressed concern that the
butterfish mortality cap on the Loligo
fishery, established in 2010 by MSB
Amendment 10 (75 FR 11441, March 11,
2010), could result in a substantial
Trimester I underage if the Loligo
fishery is closed because the Trimester
I butterfish catch cap is reached. Under
current management, this could result
in a large roll-over of Loligo quota to
Trimester II, when the butterfish catch
cap cannot close the fishery. To avoid
this situation, the Council
recommended, and NMFS is proposing,
that the roll-over of quota from
Trimester I to Trimester II should be no
more than 50 percent of the Trimester
II allocation. This proposed adjustment
will continue to prevent an
underharvest of the annual quota by
distributing the quota across the
remaining trimesters, while reducing
management uncertainty related to the
implementation of the butterfish
mortality cap for the Loligo fishery.
Adjustment to the Loligo Pre-trip Trip
Notification Requirement
The rule proposes to change the 72hr pre-trip observer notification
requirement established through
Amendment 10 for vessels issued a
Loligo and butterfish moratorium
permit. Starting January 1, 2011, such
vessels intending to land more than
2,500 lb of Loligo will be required to
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notify the NMFS Northeast Fishery
Observer Program (NEFOP) at least 72
hr prior to departing on a trip. A large
number of the Loligo vessels embark on
multiple trips that last less than 24 hr
during a single week. In order to reduce
the burden of this requirement for these
vessels, this action proposes to
streamline the requirement such that
vessels must notify NEFOP at least 72
hr, but not more than 10 days before
embarking on a Loligo trip.
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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 F,
qualitative analyses determined that
overfishing had not likely been
occurring. The SSC recommended an
ABC of 24,000 mt based on observations
that catches in this range, and up to
26,000 mt, have not caused any
apparent harm to the stock. The Council
recommended that the IOY be reduced
to 23,328 mt to account for discards (2.8
percent of catch) based on the discard
estimate ratios from the last assessment.
Consistent with the Council’s
recommendation, NMFS proposes to
specify the Illex ABC as 24,000 mt, and
to specify IOY, DAH, and DAP as 23,328
mt. 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 IOY from this fishery.
Butterfish
The status of the butterfish stock was
most recently assessed at SARC 49 in
February 2010. The estimates of
butterfish fishing mortality and total
biomass resulting from SARC 49 are
highly uncertain, and the final
assessment report states that it would be
inappropriate to compare the previous
status determination criteria from SARC
38 in 2004 with the current assessment
estimates of spawning stock biomass
and fishing mortality, because measures
of population abundance in the current
assessment are scaled much higher than
those in the previous assessment.
The current status of the butterfish
stock is unknown, because biomass
reference points could not be
determined in the SARC 49 assessment.
Though the butterfish population
appears to be declining over time,
fishing mortality does not seem to be the
major cause. Butterfish have a high
natural mortality rate, and the current
estimated F (F = 0.02) is well below all
candidate overfishing threshold
reference points. The assessment report
noted that predation is likely an
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important component of the butterfish
natural mortality rate (currently
assumed to be 0.8), but also noted that
estimates of consumption of butterfish
by predators appear to be very low. In
short, the underlying causes for
population decline are unknown.
Given the uncertainty in the
assessment, the SSC recommended a
status quo ABC of 1,500 mt. Assuming
that butterfish discards equal twice the
level of landings, the amount of
butterfish discards associated with 500
mt of landings is approximately 1,000
mt.
Therefore, the proposed specifications
would set the ABC at 1,500 mt, and the
IOY, DAH, and DAP at 500 mt.
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.
Amendment 10 created a butterfish
mortality cap for the Loligo fishery
which will go into effect on January 1,
2011. If the butterfish mortality cap is
harvested during Trimester I (January–
April) or Trimester III (September–
December), the directed Loligo fishery
will close for the remainder of that
trimester. The mortality cap is equal to
75 percent of the butterfish ABC (1,125
mt).
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 public 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 2011
specifications and management
measures for mackerel, squid, and
butterfish, proposes to modify
accounting procedures for underages of
Trimester I quotas in the Loligo fishery,
and proposes to adjust the 72-hr pre-trip
observer notification requirement for
Loligo vessels. A complete description
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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 2010, the
numbers of potential fishing vessels in
the 2011 fisheries are as follows: 360
Loligo/butterfish moratorium permits,
76 Illex moratorium permits, 2,156
mackerel permits, 1,844 incidental
squid/butterfish permits, and 1,844
MSB party/charter permits. 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 proposed rule contains a change
to an information collection previously
approved by the Office of Management
and Budget (OMB) under OMB Control
Number 0648–0601: Atlantic Mackerel,
Squid, and Butterfish Amendment 10
Data Collection. This action proposes to
require that vessels intending to embark
on Loligo trips notify NEFOP at least 72
hr, but no more than 10 days before
their intended departure dates. The
adjustment will also allow vessels to
submit an email address for contact. A
change request has been submitted to
OMB for approval. This action 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 (46,779 mt, with 15,000 mt
allocated to recreational catch)
represents a reduction from status quo
(115,000 mt). Despite the reduction, the
proposed IOY is above recent U.S.
landings; mackerel landings for 2007–
2009 averaged 23,310 mt. Thus, the
reduction does not pose a constraint to
vessels relative to the landings in recent
years. Accordingly, no reductions in
revenues for the mackerel fishery are
expected as a result of this proposed
action.
The Loligo IOY (20,000 mt) represents
a slight increase from the status quo
(19,000 mt). Loligo landings for 2007–
2009 averaged 11,019 mt. This provides
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an opportunity to increase landings,
though if recent trends continue, there
may be no increase in landings despite
the increase in the allocation. No
reductions in revenues for the Loligo
fishery are expected as a result of this
proposed action.
The Illex IOY (23,328 mt) proposed in
this action represents a slight decrease
compared to status quo (24,000 mt).
Though annual Illex landings have been
increasing over the past 3 years (9,002
mt for 2007, 15,900 mt for 2008, and
18,419 mt for 2009), the landings were
lower than the level proposed. Thus,
implementation of this proposed action
should not result in a reduction in
revenue or a constraint on expansion of
the fishery in 2011.
The butterfish IOY proposed in this
action (500 mt) represents status quo, as
compared to 2010, 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.
As discussed in the Final Regulatory
Flexibility Analysis (FRFA) for MSB
Amendment 10, the butterfish mortality
cap has a potential for economic impact
on fishery participants. The Loligo
fishery will close during Trimesters I
and III, if the butterfish mortality cap is
reached. If the Loligo fishery is closed in
response to butterfish catch before the
entire Loligo quota is harvested, then a
loss in revenue is possible. The
potential for Loligo revenue loss is
dependent upon the size of the
butterfish mortality cap, which is based
on the level of butterfish abundance. As
the butterfish stock rebuilds, the
mortality cap will increase, and the
potential for lost Loligo revenue should
decrease. When the butterfish stock
rebuilds, a directed butterfish fishery
could resume, provided discards are
kept low, and would have economic
benefits for fishery participants.
The accounting methods for Loligo
trimester underages proposed in this
action would distribute any substantial
underage in Trimester I (greater than 25
percent of the Trimester I quota)
between Trimester II and III, but would
limit the transfer of quota such that the
Trimester II quota could increase by 50
percent, at most. The proposed
adjustment may provide some economic
benefit to the fishery during Trimesters
II and III because it will allow access to
underutilized Trimester I quota later in
the fishing year.
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The proposed change to the pre-trip
observer notification requirement,
which would allow vessels to notify at
least 72 hr, but no more than 10 days
prior to fishing trips, is an
administrative measure to facilitate the
placement of observers aboard the
Loligo fleet, and is intended to reduce
the burden of the notification
requirement for vessels that depart on
multiple trips in a short period by
allowing for advance notification. The
economic burden on fishery participants
associated with this measure is expected
to be minimal.
Alternatives to the Proposed Rule
The Council analysis evaluated two
alternatives to the proposed action for
mackerel. Based on recent harvest
levels, neither of the ABC and IOY
alternatives would represent a
constraint on vessels in this fishery. The
first alternative (status quo; least
restrictive), which would have set the
ABC at 156,000 mt, and IOY at 115,000
mt, was not selected because the ABC
would have exceeded the SSC’s
recommendation.
As in the proposed action
(intermediately restrictive), the second
alternative (most restrictive) started
from the SSC recommended stockwide
ABC of 80,000 mt, but instead
subtracted an estimated 41,556 mt for
Canadian landings. This would have
resulted in a U.S. ABC of 38,444 mt, and
an IOY and DAH of 37,944 mt (U.S.
ABC minus 1.3 percent for discards).
For this alternative, expected Canadian
catch (41,556 mt) was derived by
examining the relationship between
Canadian landings in one year (e.g.,
1994) and the Canadian landings 2 years
later (e.g., 1996); this analysis was
chosen so that 2009 Canadian landings
could be used to determine expected
Canadian landings for 2011. The years
examined included 1962–2009. Though
the two landings series were found to be
strongly correlated (correlation
coefficient = 0.71), this method of
deriving expected Canadian catch (and
the resulting specifications alternative)
was not selected over the proposed
alternative. The landings series
compared in the method used to derive
2011 Canadian catch in the proposed
alternative (U.S. landings in one year
and Canadian landings in the next year)
were found to have a stronger
correlation (correlation coefficient =
0.86) than the landings series compared
in this alternative. Thus, using the
Canadian catch derivation method in
the proposed alternative provides a
more reliable estimate of 2011 Canadian
catch.
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70191
There were two alternatives to the
proposed action evaluated for Loligo.
Both alternatives set the Max OY at
32,000 mt, the same level as the
proposed action. The first alternative
(status quo) would have set the ABC and
IOY at 19,000 mt; this alternative was
not chosen, because it was not
consistent with the ABC recommended
by the SSC. The second alternative
(least restrictive) would have set the
ABC at the level recommended by the
SSC (24,000 mt), but would have set the
IOY at 22,560 mt (ABC reduced by 6
percent to account for discards). This
alternative was not adopted by the
Council because two sources of
uncertainty, namely the uncertainty
regarding the discard estimate and the
management uncertainty regarding the
operation of the Loligo fishery in 2011,
given the impending implementation of
the butterfish mortality cap, warranted
setting the IOY at the more
precautionary level specified in the
proposed action (intermediately
restrictive).
The alternatives also differed in how
Trimester I underages and overages
would be applied to the Loligo quotas in
the following Trimesters. The first
alternative (status quo) would maintain
the current measure to distribute an
underage in Trimester I greater than 25
percent of the Trimester I quota evenly
between Trimesters II and III. The
current measure was not considered to
be sufficient to address management
uncertainty related to the
implementation of the butterfish
mortality cap in 2011.
Two non-selected alternatives were
considered for Illex; both would have
set the ABC at 24,000 mt. The first
alternative would have set IOY, DAH,
and DAP at 24,000 mt (status quo; least
restrictive) rather than 23,328 mt
specified in the proposed action
(intermediately restrictive). This
alternative was not selected because the
higher specifications were inconsistent
with the results of the most recent stock
assessment. The second alternative
(most restrictive) would have set IOY,
DAH, and DAP at 22,656 mt (ABC
reduced by 5.6 percent, based on double
the discard ratio estimate). The Council
considered this alternative
unnecessarily restrictive.
One non-selected alternative was
considered for butterfish that would
maintain the status quo, which only
differs from the proposed alternative in
that it would have set Max OY at 12,175
mt. The proposed alternative would
remove the specification of Max OY,
because it is no longer supported by
available science. All other
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specifications are identical to the status
quo alternative.
This proposed rule contains a
collection-of-information requirement
subject to the Paperwork Reduction Act
(PRA), which was previously approved
by OMB under OMB Control Number
0648–0601. The public reporting burden
for the phone call to declare a Loligo
fishing trip is estimated to average 2
min per call per trip. Public burden for
the phone call to cancel a Loligo trip is
estimated to average 1 min. Send
comments regarding these burden
estimates or any other aspect of this data
collection, including suggestions for
reducing the burden, to NMFS (see
ADDRESSES) and by e-mail to
OIRA_Submission@omb.eop.gov, or fax
to 202–395–7285.
Notwithstanding any other provision
of the law, no person is required to
respond to, and no person shall be
subject to penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB Control Number.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
Dated: November 12, 2010.
Eric C. Schwaab,
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 § 648.21, paragraph (f)(2) is
revised to read as follows:
§ 648.21 Procedures for determining initial
annual amounts.
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*
*
*
*
*
(f) * * *
(2) Any underages of commercial
period quota for Trimester I that are
greater than 25 percent of the Trimester
I quota will be reallocated to Trimesters
II and III of the same year. The
reallocation of quota from Trimester I to
Trimester II is limited, such that the
Trimester II quota may only be
increased by 50 percent; the remaining
portion of the underage will be
reallocated to Trimester III. Any
underages of commercial period quota
for Trimester I that are less than 25
percent of the Trimester I quota will be
applied to Trimester III of the same year.
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Any overages of commercial quota for
Trimesters I and II will be subtracted
from Trimester III of the same year.
*
*
*
*
*
3. In § 648.22, paragraph (a)(2)(i) is
revised to read as follows:
DEPARTMENT OF COMMERCE
§ 648.22
[Docket No. 101029427–0427–01]
Closure of the fishery.
(a) * * *
(2) * * *
(i) If the Regional Administrator
determines that the Trimester I closure
threshold has been underharvested by
25 percent or more, then the amount of
the underharvest shall be reallocated to
Trimesters II and III, as specified at
§ 648.21(f)(2), through notice in the
Federal Register.
*
*
*
*
*
4. Section 648.26 as amended at 75 FR
11450, March 11, 2010, effective January
1, 2011, and is further amended by
revising paragraphs (a) and (d) to read
as follows:
§ 648.26 Observer requirements for the
Loligo fishery.
(a) A vessel issued a Loligo and
butterfish moratorium permit, as
specified at § 648.4(a)(5)(i), must, for the
purposes of observer deployment, have
a representative provide notice to NMFS
of the vessel name, vessel permit
number, contact name for coordination
of observer deployment, telephone
number or email address for contact;
and the date, time, port of departure,
and approximate trip duration, at least
72 hr, but no more than 10 days prior
to beginning any fishing trip, unless it
complies with the possession
restrictions in paragraph (c) of this
section.
*
*
*
*
*
(d) If a vessel issued a Loligo and
butterfish moratorium permit, as
specified at § 648.4(a)(5)(i), intends to
possess, harvest, or land 2,500 lb (1.13
mt) or more of Loligo per trip or per
calendar day, has a representative notify
NMFS of an upcoming trip, is selected
by NMFS to carry an observer, and then
cancels that trip, then the representative
is required to provide notice to NMFS
of the vessel name, vessel permit
number, contact name for coordination
of observer deployment, and telephone
number or email for contact, and the
intended date, time, and port of
departure for the cancelled trip prior to
the planned departure time. In addition,
if a trip selected for observer coverage
is canceled, then that vessel is required
to carry an observer, provided an
observer is available, on its next trip.
[FR Doc. 2010–29002 Filed 11–16–10; 8:45 am]
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National Oceanic and Atmospheric
Administration
50 CFR Part 648
RIN 0648–XY82
Fisheries of the Northeastern United
States; Summer Flounder, Scup, and
Black Sea Bass Fisheries; 2011
Summer Flounder, Scup, and Black
Sea Bass Specifications; 2011
Research Set-Aside Projects
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed specifications; request
for comments.
AGENCY:
NMFS proposes specifications
for the 2011 summer flounder, scup,
and black sea bass fisheries and
provides notice of three projects that
may be requesting Exempted Fishing
Permits (EFPs) as part of the MidAtlantic Fishery Management Council’s
(Council) Research Set-Aside (RSA)
program. The implementing regulations
for the Summer Flounder, Scup, and
Black Sea Bass Fishery Management
Plan (FMP) require NMFS to publish
specifications for the upcoming fishing
year for each of these species and to
provide an opportunity for public
comment. Furthermore, regulations
under the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), 16 U.S.C. 1801
et seq., require a notice to be published
to provide interested parties the
opportunity to comment on applications
for EFPs. The intent of this action is to
establish 2011 specifications for the
summer flounder, scup, and black sea
bass fisheries, and to provide notice of
EFP requests, in accordance with the
FMP and Magnuson-Stevens Act.
DATES: Comments must be received on
or before December 2, 2010.
ADDRESSES: You may submit comments,
identified by RIN 0648–XY82, by any
one of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov.
• Fax: (978) 281–9135.
• Mail and Hand Delivery: Patricia A.
Kurkul, Regional Administrator, NMFS,
Northeast Regional Office, 55 Great
Republic Drive, Gloucester, MA 01930.
Mark the outside of the envelope:
‘‘Comments on 2011 Summer Flounder,
SUMMARY:
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[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Proposed Rules]
[Pages 70187-70192]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29002]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 100804323-0544-01]
RIN 0648-BA03
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 2011 specifications and management measures for
Atlantic mackerel, squid, and butterfish (MSB). This action proposes to
modify the measure that transfers Loligo squid (Loligo) quota underages
from Trimester I to Trimesters II and III by limiting the Trimester II
quota increase to no more than 50 percent. This action also proposes to
revise the 72-hr pre-trip observer notification requirement for the
Loligo fishery to accommodate vessels departing for multiple day trips
in a week. 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 17, 2010.
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: Dr. Christopher M.
Moore, 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-BA03, 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: Aja Peters-Mason;
Mail to NMFS, Northeast Regional Office, 55 Great Republic Dr,
Gloucester, MA 01930. Mark the outside of the envelope ``Comments on
2011 MSB Specifications.''
Instructions: No comments will be posted for public viewing until
after the comment period has closed. 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 (for example, 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 (enter N/A in the required
fields, if you wish to remain anonymous). You may submit attachments to
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF
file formats only.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
proposed
[[Page 70188]]
rule may be submitted to NMFS, Northeast Regional Office and by e-mail
to OIRA_Submission@omb.eop.gov, or fax to 202-395-7285.
FOR FURTHER INFORMATION CONTACT: Aja Peters-Mason, Fishery Policy
Analyst, 978-281-9195, fax 978-281-9135.
SUPPLEMENTARY INFORMATION:
Background
Regulations implementing the MSB Fishery Management Plan (FMP)
appear at 50 CFR part 648, subpart B. Regulations governing foreign
fishing appear at 50 CFR part 600, subpart F. The regulations at
Sec. Sec. 648.21 and 600.516(c) require that NMFS, based on the
maximum optimum yield (Max OY) of each fishery as established by the
regulations, annually publish a proposed rule specifying the amounts of
the initial optimum yield (IOY), allowable biological catch (ABC),
domestic annual harvest (DAH), and domestic annual processing (DAP), as
well as, where applicable, the amounts for total allowable level of
foreign fishing (TALFF) and joint venture processing (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 at Sec. 648.21 also specify that IOY
for Illex and Loligo 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 8-10, 2010, meeting in New York, NY, the Council
recommended MSB specifications for the 2011 fishing year. The Council
considered the recommendations made by its Monitoring Committee and
Scientific and Statistical Committee (SSC). The SSC recommends ABC. SSC
advice accounts for scientific uncertainty regarding stock status and
biological reference points in recommending the ABC, and the Council
relies on that ABC recommendation to set other specifications. In
addition to 2011 specifications for each of the MSB species, the
Council recommended a modification in the provision that transfers
Trimester I quota underages to Trimesters II and III for the Loligo
fishery. The Council submitted these recommendations, along with the
required analyses, for agency review on July 19, 2010, with final
submission on September 23, 2010.
Research Quota
The Mid-Atlantic Research Set-Aside (RSA) Program 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 2011 Illex squid (Illex), butterfish, and Atlantic
mackerel (mackerel) IOY be set aside to fund projects selected under
the 2011 Mid-Atlantic RSA Program. For Loligo, only 330 mt (1.65
percent) is proposed to be available for RSA, to reduce impacts on
butterfish from RSA Loligo fishing.
NMFS solicited research proposals under the 2011 Mid-Atlantic RSA
Program through the Federal Register (75 FR 3092, January 19, 2010).
The deadline for submission was March 22, 2010. The project selection
and award process for the 2011 Mid-Atlantic RSA Program has not
concluded and, therefore, the research quota awards are not known at
this time. When the selection process has been 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 either through the final 2011 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.
2011 Proposed Specifications and Management Measures
Table 1--Proposed Specifications, in Metric Tons (mt), for Atlantic Mackerel, Squid, and Butterfish for 2011
Fishing Year
----------------------------------------------------------------------------------------------------------------
Specifications Loligo Illex Mackerel Butterfish
----------------------------------------------------------------------------------------------------------------
Max OY........................... 32,000 Unknown Unknown Unknown
ABC.............................. 24,000 24,000 47,395 1,500
IOY.............................. 20,000 23,328 46,779 500
DAH.............................. 20,000 23,328 \1\ 46,779 500
DAP.............................. 20,000 23,328 31,779 500
JVP.............................. N/A N/A 0 0
TALFF............................ N/A N/A 0 0
----------------------------------------------------------------------------------------------------------------
\1\ Includes a 15,000-mt catch of Atlantic mackerel by the recreational fishery.
Atlantic Mackerel
The status of the mackerel stock was assessed by the Transboundary
Resources Assessment Committee (TRAC) in March 2010. Though the 2010
TRAC Status Report indicated reduced productivity in the stock and a
lack of older fish in both the survey and catch data, the status of the
mackerel stock is unknown, because biomass reference points could not
be determined. According to the FMP, mackerel ABC must be calculated
using the formula U.S. 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). Due to uncertainty in the
assessment, the TRAC recommended that total annual catches not exceed
the average total landings (80,000 mt) over the last 3 years (2006-
2008) until new information is available. Since there is no calculation
of yield at target F available from the most recent assessment, the
Council's SSC recommended specifying the stock-wide ABC for 2011 at
80,000 mt,
[[Page 70189]]
consistent with the TRAC recommendation.
Expected Canadian catch (32,605 mt) was derived by examining the
relationship between U.S. landings in one year for the years 1994-2008
and the Canadian landings in the next year (1995-2009); the two
landings series were found to be strongly correlated (correlation
coefficient = 0.86). During this time series, Canadian landings in one
year were on average 1.71 times higher than U.S. landings the previous
year; the relationship can thus be used as a scaling factor for
determining expected Canadian catch. Analysis revealed that multiplying
U.S. catch in one year by 3.218 (95th percentile of scaling factors
1994-2009) would have underestimated Canadian catch in the following
year in only 1 out of 15 of those ``year pairs.'' The 95th percentile
scaling factor was applied to 2010 U.S. mackerel catch (10,000 mt prior
to July 1) to derive expected Canadian catch for 2011 (32,180 mt); this
was increased to 32,605 mt to account for Canadian mackerel discards.
Subtracting the expected 2011 Canadian catch of 32,605 mt from the
stock-wide ABC of 80,000 mt yields a proposed 2011 U.S. ABC of 47,395
mt.
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 downward adjustments of the
specifications in recent years. Based on analysis and a review of the
state of the world mackerel market and possible increases in U.S.
production levels, the Council concluded that specifying an IOY
resulting in zero TALFF will yield positive social and economic
benefits to both U.S. harvesters and processors, 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 support the U.S. mackerel industry. NMFS concurs that it is
reasonable to assume that in 2011 the commercial fishery has the
ability to harvest 46,779 mt of mackerel.
The 2010 TRAC assessment also estimated U.S. mackerel discards from
1989-2008. For the most recent 5 years for which complete data are
available (2004-2008), total discards accounted for 1.3 percent of
total catch. In order to account for discards, the Council recommended,
and NMFS is proposing, specifying the mackerel IOY and DAH at 46,779 m
(ABC minus 1.3 percent for discards). The DAH includes commercial
harvest plus the 15,000 mt available for the recreational fishery.
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 the past, 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 7 years, the Council has recommended zero JVP because U.S.
shoreside processing capacity for mackerel has expanded. The Council
concluded that processing capacity was no longer a limiting factor
relative to domestic production of mackerel, even at the higher DAP of
100,000 mt; this is even more true with the proposed DAP of 31,779 mt.
Atlantic Squids
Loligo
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. Based on advice
provided in November 2001 by the most recent Loligo stock assessment
review committee meeting (SARC 34), the FMP uses fishing mortality rate
(F) proxies that are fixed values based on average fishing mortality
rates achieved during a time period when the stock biomass was fairly
resilient (1987-2000). 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. To determine if overfishing is occurring, the
FThreshold proxy is the 75th percentile of fishing mortality
rates during 1987-2000. The FTarget proxy used to determine
OY is the average F during the same period.
Using these proxies, the SSC recommended a Loligo Max OY of 32,000
mt, and recommended that 75 percent of that value, 24,000 mt, be used
for an ABC. SARC 34 also recommended that the Council limit total
landings and discards to 20,000 mt. Therefore, the Council proposed
that IOY, DAH, and DAP be set at 20,000 mt.
NMFS concurs with the Council's recommendation; therefore, this
action proposes a 2011 Loligo Max OY of 32,000 mt, an ABC of 24,000 mt,
and an IOY, DAH, and DAP of 20,000 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
The proposed 2011 Loligo DAH would be allocated into trimesters,
according to percentages specified in the FMP, as follows:
Table 2--Proposed Trimester Allocation of Loligo Quota in 2011
------------------------------------------------------------------------
Metric
Trimester Percent tons
------------------------------------------------------------------------
I (Jan-Apr)....................................... 43 8,600
II (May-Aug)...................................... 17 3,400
III (Sep-Dec)..................................... 40 8,000
---------------------
Total......................................... 100 20,000
------------------------------------------------------------------------
This action proposes to adjust how Trimester I underages would be
distributed among the remaining Trimesters. Currently, Trimester I
Loligo underages greater than 25 percent of the Trimester I quota are
distributed evenly between Trimesters II and III. The Council expressed
concern that the butterfish mortality cap on the Loligo fishery,
established in 2010 by MSB Amendment 10 (75 FR 11441, March 11, 2010),
could result in a substantial Trimester I underage if the Loligo
fishery is closed because the Trimester I butterfish catch cap is
reached. Under current management, this could result in a large roll-
over of Loligo quota to Trimester II, when the butterfish catch cap
cannot close the fishery. To avoid this situation, the Council
recommended, and NMFS is proposing, that the roll-over of quota from
Trimester I to Trimester II should be no more than 50 percent of the
Trimester II allocation. This proposed adjustment will continue to
prevent an underharvest of the annual quota by distributing the quota
across the remaining trimesters, while reducing management uncertainty
related to the implementation of the butterfish mortality cap for the
Loligo fishery.
Adjustment to the Loligo Pre-trip Trip Notification Requirement
The rule proposes to change the 72-hr pre-trip observer
notification requirement established through Amendment 10 for vessels
issued a Loligo and butterfish moratorium permit. Starting January 1,
2011, such vessels intending to land more than 2,500 lb of Loligo will
be required to
[[Page 70190]]
notify the NMFS Northeast Fishery Observer Program (NEFOP) at least 72
hr prior to departing on a trip. A large number of the Loligo vessels
embark on multiple trips that last less than 24 hr during a single
week. In order to reduce the burden of this requirement for these
vessels, this action proposes to streamline the requirement such that
vessels must notify NEFOP at least 72 hr, but not more than 10 days
before embarking on a Loligo trip.
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 F,
qualitative analyses determined that overfishing had not likely been
occurring. The SSC recommended an ABC of 24,000 mt based on
observations that catches in this range, and up to 26,000 mt, have not
caused any apparent harm to the stock. The Council recommended that the
IOY be reduced to 23,328 mt to account for discards (2.8 percent of
catch) based on the discard estimate ratios from the last assessment.
Consistent with the Council's recommendation, NMFS proposes to
specify the Illex ABC as 24,000 mt, and to specify IOY, DAH, and DAP as
23,328 mt. 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 IOY from this fishery.
Butterfish
The status of the butterfish stock was most recently assessed at
SARC 49 in February 2010. The estimates of butterfish fishing mortality
and total biomass resulting from SARC 49 are highly uncertain, and the
final assessment report states that it would be inappropriate to
compare the previous status determination criteria from SARC 38 in 2004
with the current assessment estimates of spawning stock biomass and
fishing mortality, because measures of population abundance in the
current assessment are scaled much higher than those in the previous
assessment.
The current status of the butterfish stock is unknown, because
biomass reference points could not be determined in the SARC 49
assessment. Though the butterfish population appears to be declining
over time, fishing mortality does not seem to be the major cause.
Butterfish have a high natural mortality rate, and the current
estimated F (F = 0.02) is well below all candidate overfishing
threshold reference points. The assessment report noted that predation
is likely an important component of the butterfish natural mortality
rate (currently assumed to be 0.8), but also noted that estimates of
consumption of butterfish by predators appear to be very low. In short,
the underlying causes for population decline are unknown.
Given the uncertainty in the assessment, the SSC recommended a
status quo ABC of 1,500 mt. Assuming that butterfish discards equal
twice the level of landings, the amount of butterfish discards
associated with 500 mt of landings is approximately 1,000 mt.
Therefore, the proposed specifications would set the ABC at 1,500
mt, and the IOY, DAH, and DAP at 500 mt. 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.
Amendment 10 created a butterfish mortality cap for the Loligo
fishery which will go into effect on January 1, 2011. If the butterfish
mortality cap is harvested during Trimester I (January-April) or
Trimester III (September-December), the directed Loligo fishery will
close for the remainder of that trimester. The mortality cap is equal
to 75 percent of the butterfish ABC (1,125 mt).
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 public 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 2011 specifications and management measures
for mackerel, squid, and butterfish, proposes to modify accounting
procedures for underages of Trimester I quotas in the Loligo fishery,
and proposes to adjust the 72-hr pre-trip observer notification
requirement for Loligo vessels. 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 2010, the numbers of potential fishing
vessels in the 2011 fisheries are as follows: 360 Loligo/butterfish
moratorium permits, 76 Illex moratorium permits, 2,156 mackerel
permits, 1,844 incidental squid/butterfish permits, and 1,844 MSB
party/charter permits. 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 proposed rule contains a change to an information collection
previously approved by the Office of Management and Budget (OMB) under
OMB Control Number 0648-0601: Atlantic Mackerel, Squid, and Butterfish
Amendment 10 Data Collection. This action proposes to require that
vessels intending to embark on Loligo trips notify NEFOP at least 72
hr, but no more than 10 days before their intended departure dates. The
adjustment will also allow vessels to submit an email address for
contact. A change request has been submitted to OMB for approval. This
action 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 (46,779 mt, with 15,000 mt
allocated to recreational catch) represents a reduction from status quo
(115,000 mt). Despite the reduction, the proposed IOY is above recent
U.S. landings; mackerel landings for 2007-2009 averaged 23,310 mt.
Thus, the reduction does not pose a constraint to vessels relative to
the landings in recent years. Accordingly, no reductions in revenues
for the mackerel fishery are expected as a result of this proposed
action.
The Loligo IOY (20,000 mt) represents a slight increase from the
status quo (19,000 mt). Loligo landings for 2007-2009 averaged 11,019
mt. This provides
[[Page 70191]]
an opportunity to increase landings, though if recent trends continue,
there may be no increase in landings despite the increase in the
allocation. No reductions in revenues for the Loligo fishery are
expected as a result of this proposed action.
The Illex IOY (23,328 mt) proposed in this action represents a
slight decrease compared to status quo (24,000 mt). Though annual Illex
landings have been increasing over the past 3 years (9,002 mt for 2007,
15,900 mt for 2008, and 18,419 mt for 2009), the landings were lower
than the level proposed. Thus, implementation of this proposed action
should not result in a reduction in revenue or a constraint on
expansion of the fishery in 2011.
The butterfish IOY proposed in this action (500 mt) represents
status quo, as compared to 2010, 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.
As discussed in the Final Regulatory Flexibility Analysis (FRFA)
for MSB Amendment 10, the butterfish mortality cap has a potential for
economic impact on fishery participants. The Loligo fishery will close
during Trimesters I and III, if the butterfish mortality cap is
reached. If the Loligo fishery is closed in response to butterfish
catch before the entire Loligo quota is harvested, then a loss in
revenue is possible. The potential for Loligo revenue loss is dependent
upon the size of the butterfish mortality cap, which is based on the
level of butterfish abundance. As the butterfish stock rebuilds, the
mortality cap will increase, and the potential for lost Loligo revenue
should decrease. When the butterfish stock rebuilds, a directed
butterfish fishery could resume, provided discards are kept low, and
would have economic benefits for fishery participants.
The accounting methods for Loligo trimester underages proposed in
this action would distribute any substantial underage in Trimester I
(greater than 25 percent of the Trimester I quota) between Trimester II
and III, but would limit the transfer of quota such that the Trimester
II quota could increase by 50 percent, at most. The proposed adjustment
may provide some economic benefit to the fishery during Trimesters II
and III because it will allow access to underutilized Trimester I quota
later in the fishing year.
The proposed change to the pre-trip observer notification
requirement, which would allow vessels to notify at least 72 hr, but no
more than 10 days prior to fishing trips, is an administrative measure
to facilitate the placement of observers aboard the Loligo fleet, and
is intended to reduce the burden of the notification requirement for
vessels that depart on multiple trips in a short period by allowing for
advance notification. The economic burden on fishery participants
associated with this measure is expected to be minimal.
Alternatives to the Proposed Rule
The Council analysis evaluated two alternatives to the proposed
action for mackerel. Based on recent harvest levels, neither of the ABC
and IOY alternatives would represent a constraint on vessels in this
fishery. The first alternative (status quo; least restrictive), which
would have set the ABC at 156,000 mt, and IOY at 115,000 mt, was not
selected because the ABC would have exceeded the SSC's recommendation.
As in the proposed action (intermediately restrictive), the second
alternative (most restrictive) started from the SSC recommended
stockwide ABC of 80,000 mt, but instead subtracted an estimated 41,556
mt for Canadian landings. This would have resulted in a U.S. ABC of
38,444 mt, and an IOY and DAH of 37,944 mt (U.S. ABC minus 1.3 percent
for discards). For this alternative, expected Canadian catch (41,556
mt) was derived by examining the relationship between Canadian landings
in one year (e.g., 1994) and the Canadian landings 2 years later (e.g.,
1996); this analysis was chosen so that 2009 Canadian landings could be
used to determine expected Canadian landings for 2011. The years
examined included 1962-2009. Though the two landings series were found
to be strongly correlated (correlation coefficient = 0.71), this method
of deriving expected Canadian catch (and the resulting specifications
alternative) was not selected over the proposed alternative. The
landings series compared in the method used to derive 2011 Canadian
catch in the proposed alternative (U.S. landings in one year and
Canadian landings in the next year) were found to have a stronger
correlation (correlation coefficient = 0.86) than the landings series
compared in this alternative. Thus, using the Canadian catch derivation
method in the proposed alternative provides a more reliable estimate of
2011 Canadian catch.
There were two alternatives to the proposed action evaluated for
Loligo. Both alternatives set the Max OY at 32,000 mt, the same level
as the proposed action. The first alternative (status quo) would have
set the ABC and IOY at 19,000 mt; this alternative was not chosen,
because it was not consistent with the ABC recommended by the SSC. The
second alternative (least restrictive) would have set the ABC at the
level recommended by the SSC (24,000 mt), but would have set the IOY at
22,560 mt (ABC reduced by 6 percent to account for discards). This
alternative was not adopted by the Council because two sources of
uncertainty, namely the uncertainty regarding the discard estimate and
the management uncertainty regarding the operation of the Loligo
fishery in 2011, given the impending implementation of the butterfish
mortality cap, warranted setting the IOY at the more precautionary
level specified in the proposed action (intermediately restrictive).
The alternatives also differed in how Trimester I underages and
overages would be applied to the Loligo quotas in the following
Trimesters. The first alternative (status quo) would maintain the
current measure to distribute an underage in Trimester I greater than
25 percent of the Trimester I quota evenly between Trimesters II and
III. The current measure was not considered to be sufficient to address
management uncertainty related to the implementation of the butterfish
mortality cap in 2011.
Two non-selected alternatives were considered for Illex; both would
have set the ABC at 24,000 mt. The first alternative would have set
IOY, DAH, and DAP at 24,000 mt (status quo; least restrictive) rather
than 23,328 mt specified in the proposed action (intermediately
restrictive). This alternative was not selected because the higher
specifications were inconsistent with the results of the most recent
stock assessment. The second alternative (most restrictive) would have
set IOY, DAH, and DAP at 22,656 mt (ABC reduced by 5.6 percent, based
on double the discard ratio estimate). The Council considered this
alternative unnecessarily restrictive.
One non-selected alternative was considered for butterfish that
would maintain the status quo, which only differs from the proposed
alternative in that it would have set Max OY at 12,175 mt. The proposed
alternative would remove the specification of Max OY, because it is no
longer supported by available science. All other
[[Page 70192]]
specifications are identical to the status quo alternative.
This proposed rule contains a collection-of-information requirement
subject to the Paperwork Reduction Act (PRA), which was previously
approved by OMB under OMB Control Number 0648-0601. The public
reporting burden for the phone call to declare a Loligo fishing trip is
estimated to average 2 min per call per trip. Public burden for the
phone call to cancel a Loligo trip is estimated to average 1 min. Send
comments regarding these burden estimates or any other aspect of this
data collection, including suggestions for reducing the burden, to NMFS
(see ADDRESSES) and by e-mail to OIRA_Submission@omb.eop.gov, or fax
to 202-395-7285.
Notwithstanding any other provision of the law, no person is
required to respond to, and no person shall be subject to penalty for
failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: November 12, 2010.
Eric C. Schwaab,
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. 648.21, 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 that
are greater than 25 percent of the Trimester I quota will be
reallocated to Trimesters II and III of the same year. The reallocation
of quota from Trimester I to Trimester II is limited, such that the
Trimester II quota may only be increased by 50 percent; the remaining
portion of the underage will be reallocated to Trimester III. Any
underages of commercial period quota for Trimester I that are less than
25 percent 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 revised 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 percent or more, then
the amount of the underharvest shall be reallocated to Trimesters II
and III, as specified at Sec. 648.21(f)(2), through notice in the
Federal Register.
* * * * *
4. Section 648.26 as amended at 75 FR 11450, March 11, 2010,
effective January 1, 2011, and is further amended by revising
paragraphs (a) and (d) to read as follows:
Sec. 648.26 Observer requirements for the Loligo fishery.
(a) A vessel issued a Loligo and butterfish moratorium permit, as
specified at Sec. 648.4(a)(5)(i), must, for the purposes of observer
deployment, have a representative provide notice to NMFS of the vessel
name, vessel permit number, contact name for coordination of observer
deployment, telephone number or email address for contact; and the
date, time, port of departure, and approximate trip duration, at least
72 hr, but no more than 10 days prior to beginning any fishing trip,
unless it complies with the possession restrictions in paragraph (c) of
this section.
* * * * *
(d) If a vessel issued a Loligo and butterfish moratorium permit,
as specified at Sec. 648.4(a)(5)(i), intends to possess, harvest, or
land 2,500 lb (1.13 mt) or more of Loligo per trip or per calendar day,
has a representative notify NMFS of an upcoming trip, is selected by
NMFS to carry an observer, and then cancels that trip, then the
representative is required to provide notice to NMFS of the vessel
name, vessel permit number, contact name for coordination of observer
deployment, and telephone number or email for contact, and the intended
date, time, and port of departure for the cancelled trip prior to the
planned departure time. In addition, if a trip selected for observer
coverage is canceled, then that vessel is required to carry an
observer, provided an observer is available, on its next trip.
[FR Doc. 2010-29002 Filed 11-16-10; 8:45 am]
BILLING CODE 3510-22-P
