Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Specifications and Management Measures, 14870-14875 [2015-06401]
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14870
Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Rules and Regulations
List of Subjects in 42 CFR Part 410
DEPARTMENT OF COMMERCE
Health facilities, Health professions,
Kidney diseases, Laboratories,
Medicare, Reporting and recordkeeping
requirements, Rural areas, X-rays.
National Oceanic and Atmospheric
Administration
Accordingly, 42 CFR chapter IV is
corrected by making the following
correcting amendments to part 410:
[Docket No. 140902739–5224–02]
RIN 0648–BE49
Fisheries of the Northeastern United
States; Atlantic Mackerel, Squid, and
Butterfish Fisheries; Specifications
and Management Measures
PART 410—SUPPLEMENTARY
MEDICAL INSURANCE (SMI)
BENEFITS
Authority: Secs. 1102, 1834, 1871, 1881,
and 1893 of the Social Security Act (42
U.S.C. 1302, 1395m, 1395hh, and 1395ddd.
§ 410.26 Services and supplies incident to
a physician’s professional services:
Conditions.
*
*
*
*
*
(b) * * *
(5) In general, services and supplies
must be furnished under the direct
supervision of the physician (or other
practitioner). Chronic care management
services and transitional care
management services (other than the
required face-to-face visit) can be
furnished under general supervision of
the physician (or other practitioner)
when they are provided by clinical staff
incident to the services of a physician
(or other practitioner). The physician (or
other practitioner) supervising the
auxiliary personnel need not be the
same physician (or other practitioner)
upon whose professional service the
incident to service is based.
*
*
*
*
*
Dated: March 13, 2015.
C’Reda Weeden,
Executive Secretary to the Department,
Department of Health and Human Services.
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NMFS is implementing 2015
specifications and management
measures for Atlantic mackerel, 2015–
2017 specifications for Illex squid,
2015–2017 specifications for longfin
squid, and 2015–2017 specifications for
butterfish. This action also establishes a
simplified butterfish fishery closure
mechanism. These specifications set
catch levels to prevent overfishing and
allocate catch to commercial and
recreational fisheries. Additionally, the
simplified butterfish closure mechanism
makes operation of the fishery more
efficient and consistent with the higher
catch limit for butterfish. These
specifications and management
measures are consistent with the
Atlantic Mackerel, Squid, and Butterfish
Fishery Management Plan and the
recommendations of the Mid-Atlantic
Fishery Management Council.
DATES: Effective April 20, 2015.
ADDRESSES: Copies of the specifications
document, including the Environmental
Assessment and Initial Regulatory
Flexibility Analysis (EA/IRFA) and
other supporting documents for the
specifications, are available from Dr.
Christopher Moore, Executive Director,
Mid-Atlantic Fishery Management
Council, Suite 201, 800 N. State Street,
Dover, DE 19901. The specifications
document is also accessible via the
Internet at: https://
www.greateratlantic.fisheries.noaa.gov/.
FOR FURTHER INFORMATION CONTACT:
Carly Bari, Fishery Policy Analyst, (978)
281–9224.
SUPPLEMENTARY INFORMATION:
SUMMARY:
2. Section 410.26 is amended by
revising paragraph (b)(5) to read as
follows:
■
BILLING CODE 4120–01–C
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
1. The authority citation for part 410
continues to read as follows:
■
[FR Doc. 2015–06427 Filed 3–19–15; 8:45 am]
50 CFR Part 648
Background
Specifications, as referred to in this
rule, are the combined suite of
commercial and recreational catch
levels established for one or more
fishing years. The specifications process
also allows for the modification of a
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select number of management measures,
such as closure thresholds, gear
restrictions, and possession limits. The
Council’s process for establishing
specifications relies on provisions
within the Atlantic Mackerel, Squid,
and Butterfish Fishery Management
Plan (FMP) and its implementing
regulations, as well as requirements
established by the Magnuson-Stevens
Fishery Conservation and Management
Act. Specifically, section 302(g)(1)(B) of
the Magnuson-Stevens Act states that
the Scientific and Statistical Committee
(SSC) for each Regional Fishery
Management Council shall provide its
Council ongoing scientific advice for
fishery management decisions,
including recommendations for
acceptable biological catch (ABC),
preventing overfishing, maximum
sustainable yield, and achieving
rebuilding targets. The ABC is a level of
catch that accounts for the scientific
uncertainty in the estimate of the stock’s
defined overfishing level (OFL).
The Council’s SSC met on May 7 and
8, 2014, to recommend ABCs for the
2015 Atlantic mackerel specifications,
and the 2015–2017 butterfish, Illex
squid, and longfin squid specifications.
On November 14, 2014, NMFS
published a proposed rule for fishing
year 2015 for the mackerel, squid, and
butterfish fishery specifications and
management measures (79 FR 68202);
the public comment period for the
proposed rule ended December 15,
2014.
The Atlantic Mackerel, Squid, and
Butterfish FMP regulations require the
specification of annual catch limits
(ACL) and accountability measures
(AM) for mackerel and butterfish (both
squid species are exempt from the ACL/
AM requirements because they have a
life cycle of less than 1 year). In
addition, the regulations require the
specification of domestic annual harvest
(DAH), domestic annual processing
(DAP), and total allowable level of
foreign fishing (TALFF), along with
joint venture processing for (JVP)
commercial and recreational annual
catch totals (ACT) for mackerel, the
butterfish mortality cap in the longfin
squid fishery, and initial optimum yield
(IOY) for both squid species. Details
concerning the Council’s development
of these measures were presented in the
preamble of the proposed rule and are
not repeated here.
In addition to the specifications, this
action simplifies the management
measure for the directed buttefish
fishery and changes the regulations in
regard to possession limits.
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Final 2015 Specifications for Atlantic
Mackerel
TABLE 1—2015 SPECIFICATIONS IN
METRIC TONS (mt) FOR ATLANTIC
MACKEREL
Overfishing limit
(OFL)
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ABC ......................................
ACL .......................................
Commercial ACT ..................
Recreational ACT/Recreational Harvest Limit
(RHL) .................................
DAH/DAP ..............................
JVP .......................................
TALFF ...................................
Unknown
40,165
25,039
21,138
1,397
20,872
0
0
The proposed rule for this action
included the details of how the Council
derived its recommended mackerel
specifications, and NMFS is not
including these details in this final rule.
This action establishes the mackerel
stock-wide ABC of 40,165 mt and the
U.S. ABC of 25,039 mt, based on the
formula U.S. ABC = Stock-wide
ABC¥C, where C is the estimated catch
of mackerel in Canadian waters (15,126
mt) for the 2014 fishing year. The ACL
is set equal to U.S. ABC at 25,039 mt,
the commercial ACT is set at 21,138 mt,
the DAH and DAP are both set at 20,872
mt, and the recreational ACT is set at
1,397 mt.
The recreational fishery allocation for
mackerel is 1,552 mt (6.2 percent of the
U.S. ABC). The recreational ACT of
1,397 mt (90 percent of 1,552 mt)
accounts for uncertainty in recreational
catch and discard estimates. The
Recreational ACT is equal to the
Recreational Harvest Limit (RHL),
which is the effective cap on
recreational catch.
The commercial fishery allocation for
mackerel is 23,487 mt (93.8 percent of
the U.S. ABC, the portion of the ACL
that was not allocated to the recreational
fishery). The commercial ACT of 21,138
mt (90 percent of 23,487 mt)
compensates for management
uncertainty in estimated Canadian
landings, uncertainty in discard
estimates, and possible misreporting of
mackerel catch. The commercial ACT is
further reduced by a discard rate of 1.26
percent to arrive at the DAH of 20,872
mt. The DAH is the effective cap on
commercial catch.
Additionally, this action maintains
JVP at zero (the most recent allocation
was 5,000 mt of JVP in 2004). In the
past, JVP was set 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 10
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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.
The Magnuson-Stevens Act provides
that the specification of TALFF, if any,
shall be the portion of the optimum
yield (OY) of a fishery that will not be
harvested by U.S. vessels. TALFF would
allow foreign vessels to harvest U.S. fish
and sell their product on the world
market, in direct competition with U.S.
industry efforts to expand exports.
While a surplus existed between ABC
and the mackerel fleet’s harvesting
capacity for many years, that surplus
has disappeared due to downward
adjustments of the specifications in
recent years. Based on analysis of the
global mackerel market and possible
increases in U.S. production levels, the
Council concluded that specifying a
DAH/DAP that would result in zero
TALFF would 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, the
DAH is set 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 2015 the
commercial fishery has the ability to
harvest 20,872 mt of mackerel.
2015 Final River Herring and Shad
Catch Cap in the Mackerel Fishery
In order to limit river herring and
shad catch, Amendment 14 to the FMP
(February 24, 2014; 79 FR 10029) allows
the Council to set a river herring and
shad cap through annual specifications.
For 2015 the cap is set at 89 mt initially,
but if mackerel landings surpass 10,000
mt before closure, then the cap will
increase to 155 mt. The 89-mt cap
represents the median annual river
herring and shad catch by all vessels
landing over 20,000 lb (9.08 mt) of
mackerel per trip from 2005–2012.
These were years when the fishery
caught about 13,000 mt of mackerel. The
155-mt cap is based on the median river
herring and shad catch by all vessels
landing over 20,000 lb (9.08 mt) of
mackerel per trip from 2005–2012,
adjusted to the 2015 proposed DAH
(20,872 mt). The purpose of the two-tier
system is to encourage the fishery to
avoid river herring and shad regardless
of the rate of mackerel catches. If
mackerel catch is low, the 89-mt cap
would encourage fishermen to avoid
catching river herring and shad. If
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mackerel catch increases, the 155-mt
cap should still allow mackerel fishing
to occur as long as river herring and
shad catch rates remain below the
recent median. Once the mackerel
fishery catches 95 percent of the river
herring and shad cap, we will close the
directed mackerel fishery and
implement a 20,000-lb (9.08-mt)
incidental catch trip limit for the
remainder of the year.
2015–2017 Final Illex Specifications
TABLE 2—2015–2017 SPECIFICATIONS
IN METRIC TON (mt) FOR ILLEX SQUID
OFL
Unknown
ABC ......................................
Initial Optimum Yield (IOY) ...
DAH/DAP ..............................
24,000
22,915
22,915
This action establishes the Illex ABC
as 24,000 mt for the 2015–2017 fishing
years, subject to annual review. The
ABC is reduced by the status quo
discard rate of 4.52 percent, which
results in an IOY, DAH, and DAP of
22,914 mt for the 2015–2017 fishing
years. These levels are the same as was
specified for the Illex fishery in 2012–
2014. 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.
2015–2017 Final Longfin Squid
Specifications
TABLE 3—2015–2017 SPECIFICATIONS
IN METRIC TONS (mt) FOR LONGFIN
SQUID
OFL
Unknown
ABC ......................................
IOY ........................................
DAH/DAP ..............................
23,400
22,445
22,445
This action establishes the longfin
squid ABC of 23,400 mt for the 2015–
2017 fishing years, subject to annual
review. The ABC is reduced by the
status quo discard rate of 4.08 percent,
which results in an IOY, DAH, and DAP
of 22,445 mt for the 2015–2017 fishing
years. The FMP does not authorize the
specification of JVP and TALFF for the
longfin squid fishery because of the
domestic industry’s capacity to harvest
and process the OY for this fishery.
Distribution of the Longfin DAH
As was done in all fishing years since
2007, the 2015–2017 longfin DAH is
allocated into trimesters, according to
percentages specified in the FMP, as
follows:
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TABLE 4—2015–2017 TRIMESTER ALLOCATION OF LONGFIN QUOTA
Trimester
Percent
Metric tons
I (Jan–Apr) ...............................................................................................................................................................
II (May–Aug) ............................................................................................................................................................
III (Sep–Dec) ............................................................................................................................................................
43
17
40
9,651
3,816
8,978
Total ..................................................................................................................................................................
100
22,445
2015–2017 Final Butterfish
Specifications
TABLE 5—2015–2017 SPECIFICATIONS IN METRIC TONS (mt) FOR BUTTERFISH
2015
OFL ..............................................................................................................................................
ABC ..............................................................................................................................................
Commercial ACT (ABC minus 10-percent buffer) .......................................................................
DAH (ACT minus butterfish cap and discards) ...........................................................................
Directed Fishery closure limit (DAH minus 1,411 mt buffer) ......................................................
Butterfish Cap (in the longfin squid fishery) ................................................................................
This action establishes the butterfish
ABC at 33,278 mt for 2015 (increased
dramatically from 9,100 mt in 2014) to
account for the increased stock size and
estimated expected fishing mortality in
2014. The butterfish ABC is set at
31,412 mt in 2016, and 30,933 mt in
2017 to account for fishing mortality in
2015 and 2016, respectively, with a 60percent probability of not overfishing as
required by the Council risk policy. The
butterfish ACL is equal to the ABC, and
establishing a 10-percent buffer between
ACL and ACT for management
uncertainty, results in an ACT of 29,950
mt in 2015, 28,271 mt in 2016, and
27,830 mt in 2017.
The butterfish cap is set at 3,884 mt
for the 2015–2017 fishing years, which
is the same level as 2014. This cap has
not constrained the longfin fishery and
reserves most of the available butterfish
quota for the directed butterfish fishery.
The DAH is set at 22,530 mt in 2015,
2016
41,092
33,278
29,950
22,530
21,119
3,884
2017
N/A
31,412
28,271
21,043
19,631
3,884
N/A
30,922
27,830
20,652
19,241
3,884
21,042 mt in 2016, and 20,652 in 2017,
accounting for the butterfish cap and
discards in non-longfin fisheries).
Butterfish TALFF is only specified to
address bycatch by foreign fleets
targeting mackerel TALFF. Because
there is no mackerel TALFF, butterfish
TALFF would also be set at zero.
The 2015 butterfish mortality cap is
allocated by Trimester, as follows:
TABLE 6—TRIMESTER ALLOCATION OF BUTTERFISH MORTALITY CAP ON THE LONGFIN SQUID FISHERY FOR 2015
Trimester
Percent
Metric tons
43
17
40
1,670
660
1,554
Total ..................................................................................................................................................................
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I (Jan–Apr) ...............................................................................................................................................................
II (May–Aug) ............................................................................................................................................................
III (Sep–Dec) ............................................................................................................................................................
100
3,844
Butterfish Directed Fishery Closure
Mechanism
This action simplifies butterfish
directed fishery closure mechanism to
account for the dramatic increase in
butterfish availability and increased
DAH. Instead of the three-phased
butterfish management season, this rule
will allow vessels issued longfin squid/
butterfish moratorium permits (as
specified at § 648.4(a)(5)(i)) to land
unlimited amounts of butterfish if using
mesh greater than or equal to 3 inches
(76 mm) until projected landings reach
within 1,411 mt of a given year’s DAH.
Once landings are within 1,411 mt of
the DAH, NMFS will implement a
5,000-lb (2.27-mt) trip limit. Vessels
issued a longfin squid/butterfish
moratorium permit fishing with mesh
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less than 3 inches (76 mm) are currently
prohibited from landing more than
2,500 lb (1.13 mt) of butterfish per trip,
and there are no changes for those
vessels. The Council identified 1,411 mt
as the amount that would allow some
landings under a 5,000-lb (2.27-mt) trip
limit without reaching the DAH. In the
unlikely event that projected landings
reach the annual DAH, then the trip
limit will be reduced to 600 lb (0.27 mt)
to prevent an overage of the ACT.
Corrections
This final rule also contains a minor
adjustment to an existing regulation.
The vessel monitoring system (VMS)
power-down exemption for vessels that
will be at the dock for more than 30
consecutive days, at § 648.10(c)(2)(i)(B),
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currently lists specific eligible permits.
The regulatory text is simplified to
clarify that the exemption is available to
all permits that are required to have
VMS.
Comments and Responses
NMFS received seven comments in
response to the proposed rule for this
action. Two were from industry groups,
including Garden State Seafood
Association (GSSA) (a New Jersey
fishing industry advocacy group), and
The Town Dock (a Rhode Island fishing
company and seafood dealer). One
comment was from the Herring
Alliance, an environmental group, and
the remaining four comments were from
individuals. Two of the four comments
from individuals were unrelated to the
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action and are not included in this rule,
and NMFS provides no response.
Comment 1: GSSA commented in
support of the Council’s recommended
specifications and management measure
with the exception of the butterfish
quota reductions in 2016 and 2017.
GSSA would like the butterfish quota to
remain at the 2015 level for the 2016
and 2017 fishing years.
Response: NMFS is implementing the
specifications as proposed. The SSC
determined the 2015–2017 ABCs based
on projections from the recently
accepted 2014 butterfish assessment
(SAW–SARC 58), which concluded that
the stock was above target stock size and
experiencing low fishing mortality. The
ABC projections work in a stepwise
fashion and assume average recruitment
(fish entering the population). Assuming
that the full ABC is caught each year
and applying a fishing mortality rate
that should result in 60-percent
probability of not overfishing, the result
is a slightly declining ABC each year
from 2015 to 2017. Since the stock is
estimated to be above its target, catches
fall slightly over time, but as long as the
stock remains at or above its target,
ABCs would not be expected to fall
below 29,000 mt (if the same approach
to addressing scientific uncertainty is
used and average recruitment occurs).
Comment 2: The Town Dock and one
individual commented that they would
like to see an increase in the Trimester
II quota for longfin squid. Both
commenters would like to see an
increase in the rollover quota from
Trimester I to Trimester II to prevent the
closure of the longfin fishery during
Trimester II.
Response: NMFS has forwarded these
comments to the Council for its
consideration. NMFS does not have the
authority to make this change, and the
Council did not consider changes to the
Trimester allocations for the 2015–2017
specifications, but may in future
actions.
Comment 3: The Herring Alliance
suggested that there should be an
incremental increase in butterfish quota
starting lower than the proposed 2015
quota and increasing the quota in 2016
and 2017.
Response: The butterfish ABCs for
2015–2017 were recommended by the
SSC based on the best available science
including the recently accepted 2014
butterfish assessment (SAW–SARC 58),
which concluded that the stock was
above the target stock size and
experiencing low fishing mortality.
Comment 4: The Herring Alliance
supports the recommended 2015
mackerel ABC, but suggested that NMFS
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revisit the ABC within one year after a
stock update.
Response: NMFS is implementing the
specifications as proposed. There is not
a scheduled stock update for 2016, but
the SSC hopes to extend analysis that
considers the performance of data poor
approaches to ABC determination to
include highly periodic catch time
series. Based on the results of these
simulations, the SSC expects to produce
a revised 2016 ABC for this stock.
Comment 5: The Herring Alliance
supports the lower river herring and
shad cap of 89 mt, but does not support
the increased cap option of 155 mt.
Response: The two-phased approach
for the river herring and shad cap
creates a strong incentive for the
mackerel fishery to avoid river herring
and shad when mackerel catch are low
or high. The 155 mt river herring and
shad cap will allow the fishery to catch
the proposed mackerel quota in 2015 if
the ratio of river herring and shad catch
to total catch is relatively low. If the
fishery does not maintain a low ratio of
river herring and shad catch, then the
fishery will be closed once the 89-mt
cap is caught.
Comment 6: One individual
commented that all of the quotas should
be reduced by 50 percent.
Response: The quotas established
through this final rule were based on the
best available science, as recommended
by the SSC.
Changes From the Proposed Rule
The proposed rule presented a table
for the 2015–2017 butterfish
specifications (Table 5 in the proposed
rule). This table incorrectly listed the
DAH subtracting the 1,411-mt buffer for
2017. The correct butterfish DAH
(minus the 1,411-mt buffer) for 2017 is
presented in Table 5 in this final rule,
and will be presented to industry in the
small entity compliance guide sent to
butterfish permit holders after the
publication of this final rule.
Additionally, a minor wording change
was made to § 648.26(d) for consistency.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator for Fisheries
(AA) has determined that this final rule
is consistent with the Atlantic Mackerel,
Squid, and Butterfish FMP, other
provisions of the Magnuson-Stevens
Act, and other applicable laws.
The Council prepared an EA for the
2015–2017 specifications and
management measures, and the AA
concluded that there will be no
significant impact on the human
environment as a result of this rule. A
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copy of the EA is available upon request
(see ADDRESSES).
This action is authorized by 50 CFR
part 648 and has been determined to be
not significant for purposes of Executive
Order 12866.
NMFS, pursuant to section 604 of the
Regulatory Flexibility Act, has prepared
a FRFA, included in the preamble of
this final rule, in support of the 2015–
2017 specifications and management
measures. The FRFA describes the
economic impact that this final rule,
along with other non-preferred
alternatives, will have on small entities.
The FRFA incorporates the economic
impacts and analysis summaries in the
IRFA, a summary of the significant
issues raised by the public in response
to the IRFA, and NMFS’s responses to
those comments. A copy of the IRFA,
the RIR, and the EA are available upon
request (see ADDRESSES).
Statement of Need for This Action
This action establishes 2015
specifications for mackerel, and 2015–
2017 specifications for butterfish, Illex
squid, and longfin squid. It also
modifies the river herring catch cap in
the mackerel fishery and to simplify the
closure mechanism in the butterfish
fishery. 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 rule and are not
repeated here.
A Summary of the Significant Issues
Raised by the Public Comments in
Response to the IRFA, a Summary of the
Assessment of the Agency of Such
Issues, and a Statement of Any Changes
Made in the Final Rule as a Result of
Such Comments
None of the public comments raised
issues related to the IRFA or the
economic impact of the rule on affected
entities.
Description and Estimate of Number of
Small Entities to Which the Rule Will
Apply
Based on permit data for 2013, the
numbers of potential fishing vessels in
the 2015 fisheries are as follows: 384
separate vessels hold Atlantic mackerel,
longfin squid, Illex squid, and butterfish
limited access permits, 287 entities own
those vessels, and, based on current
Small Business Administration (SBA)
definitions, 274 are small entities. Of
the 274 small entities, 29 had no
revenue in 2013 and those entities with
no revenue are listed as small entities
for the purposes of this analysis. All of
the entities that had revenue fell into
the finfish or shellfish categories, and
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the SBA definitions for those categories
for 2014 are $20.5 million for finfish
fishing and $5.5 million for shellfish
fishing. Many vessels participate in
more than one of these fisheries;
therefore, the number of permits is not
additive. The only proposed alternatives
that involve increased restrictions apply
to mackerel limited access permits, so
those numbers are listed separately
(they are a subset of the above entities).
This analysis found that 150 separate
vessels hold Atlantic mackerel, longfin
squid, Illex squid, and butterfish limited
access permits, 114 entities own those
vessels, and, based on current SBA
definitions, 107 are small entities.
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Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
There are no new reporting or record
keeping requirements contained in any
of the alternatives considered for this
action. In addition, there are no Federal
rules that duplicate, overlap, or conflict
with this rule.
Description of the Steps the Agency Has
Taken To Minimize the Significant
Economic Impacts on Small Entities
Consistent With the Stated Objectives of
Applicable Statutes, Including a
Statement of the Factual, Policy, and
Legal Reasons for Selecting the
Alternative Adopted in the Final Rule
and Why Each One of the Other
Significant Alternatives to the Rule
Considered by the Agency Which Affect
the Impact on Small Entities Was
Rejected
The mackerel commercial DAH
(20,872 mt) represents a reduction from
status quo (2014 DAH = 33,821 mt).
Despite the reduction, the DAH is above
recent U.S. landings; mackerel landings
for 2010–2013 averaged 5,873 mt. Thus,
the reduction does not pose a constraint
to vessels relative to the landings in
recent years. Even though the 2015
quota is lower than the 2014 quota, it
will still allow more than a tripling of
catch compared to any year 2011–2013.
This action establishes a Recreational
ACT/RHL of 1,552 mt. Because
recreational harvest from 2010–2013
averaged 850 mt, it does not appear that
the allocation for the recreational
fishery will constrain recreational
harvest. Overall, this action is not
expected to result in any reductions in
revenues for vessels that participate in
either the commercial or recreational
mackerel fisheries.
The river herring and shad catch cap
in the mackerel fishery has the potential
to prevent the fishery from achieving its
full mackerel quota if the river herring
and shad encounter rates are high, but
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it is very unlikely that the fishery would
close before exceeding the levels of
landings experienced since 2010, when
landings have been less than 11,000 mt.
Based on the operation of the cap in
2014 (the first year of the cap), as long
as the fishery can maintain relatively
low river herring and shad catch rates,
this alternative is unlikely to constrain
the mackerel fishery. Examination of
river herring and shad catch rates in
2011–2013 suggest that the only year
that the cap would have been binding
would have been 2012. In 2012, relevant
trips landed 5,074 mt of mackerel, but
the fishery would have closed at
approximately 4,439 mt if the 2015 cap
had been in place. Given the river
herring and shad encounter rate in 2012,
approximately 608 mt of mackerel
landings would have been forgone.
Using the 2013 price of mackerel, 608
mt mackerel would have amounted to
$265,105 of potentially forgone exvessel revenues. However, based on the
operation of the cap in 2014, actual river
herring and shad catch rates may be
lower under the cap and, therefore, the
cap may not be binding.
The Illex IOY (22,915 mt) renews the
status quo for three more years. Though
annual Illex landings have approached
this amount in some recent years
(15,825 mt for 2010, 18,797 mt for 2011,
11,709 mt for 2012, and 3,835 mt for
2013), the landings were lower than the
2015–2017 levels. Thus,
implementation of this action should
not result in a reduction in revenue or
a constraint on expansion of the fishery
in 2015–2017.
The longfin squid IOY (22,445 mt)
renews the status quo levels for three
more years. Because longfin squid
landings from 2010–2013 averaged
10,093 mt, the 2015–2017 IOY provides
an opportunity to increase landings,
though if recent trends of low landings
continue, there may be no increase in
landings despite the increase in the
allocation. No reductions in revenues
for the longfin squid fishery are
expected as a result of this action.
The butterfish DAHs established in
this action (21,119 mt in 2015, 19,631
mt in 2016, and 19,241 mt in 2017)
represents a 660-percent increase over
the 2014 DAH (3,200 mt). Due to market
conditions, there has not been a directed
butterfish fishery in recent years;
therefore, recent landings have been
low. The increase in the DAH has the
potential to increase revenue for
permitted vessels, having a positive
economic impact.
This action also simplifies the closure
mechanism for the butterfish fishery.
This allows permitted vessels to take
butterfish when they are available or
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Sfmt 4700
when dealers may process them, and
should have a positive economic impact
on the fishery.
The 2015–2017 butterfish discard cap
of 3,884 mt renews the status quo for
three more years. The longfin squid
fishery will close during Trimester I, II,
or III if the butterfish discards reach the
trimester allocation. If the longfin squid
fishery is closed in response to
butterfish catch before the entire longfin
squid quota is harvested, then a loss in
revenue is possible. The potential for
longfin squid revenue loss is dependent
upon the size of the butterfish discard
cap. This cap level was in effect for the
2013 and 2014 fishing years, and did
not restrict the fishery in either year. For
that reason, additional revenue losses
are not expected as a result of this
proposed action.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
Dated: March 17, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 648 is 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 § 648.10, paragraph (c)(2)(i)(B) is
revised to read as follows:
■
§ 648.10 VMS and DAS requirements for
vessel owners/operators.
*
*
*
*
*
(c) * * *
(2) * * *
(i) * * *
(B) The vessel owner signs out of the
VMS program for a minimum period of
30 consecutive days by obtaining a valid
letter of exemption pursuant to
paragraph (c)(2)(ii) of this section, the
vessel does not engage in any fisheries
or move from the dock/mooring until
the VMS unit is turned back on, and the
vessel complies with all conditions and
requirements of said letter;
*
*
*
*
*
■ 3. In § 648.24, paragraph (c)(1)
introductory text is revised to read as
follows:
§ 648.24 Fishery closures and
accountability measures.
*
*
*
*
*
(c) Butterfish AMs—(1) Directed
butterfish fishery closure. When
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butterfish catch reaches the butterfish
closure threshold as determined in the
annual specifications, NMFS shall
implement a 5,000-lb (2.27-mt)
possession limit for vessels issued a
longfin squid/butterfish moratorium
permit and that are fishing with a
minimum mesh size of 3 inches (76
mm). When the butterfish catch is
projected to reach the butterfish DAH as
determined in the annual specifications,
NMFS shall implement a 600-lb (0.27mt) possession limit for all vessels
issued a longfin squid/butterfish
moratorium or incidental catch permit.
*
*
*
*
*
■ 4. In § 648.26, paragraph (d) is revised
to read as follows:
§ 648.26 Mackerel, squid, and butterfish
possession restrictions.
*
*
*
*
(d) Butterfish. (1) A vessel issued a
longfin squid/butterfish moratorium
permit (as specified at § 648.4(a)(5)(i))
fishing with a minimum mesh size of 3
inches (76 mm) is authorized to fish for,
mstockstill on DSK4VPTVN1PROD with RULES
*
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possess, or land butterfish with no
possession restriction in the EEZ per
trip, and may only land butterfish once
on any calendar day, which is defined
as the 24-hr period beginning at 0001
hours and ending at 2400 hours,
provided that directed butterfish fishery
has not been closed and the reduced
possession limit has not been
implemented, as described in
§ 648.24(c)(1). When butterfish harvest
is projected to reach the threshold for
the butterfish fishery (as described in
§ 648.24(c)(1)), these vessels may not
fish for, possess, or land more than
5,000 lb (2.27 mt) of butterfish per trip
at any time, and may only land
butterfish once on any calendar day.
When butterfish harvest is projected to
reach the DAH limit (as described in
§ 648.24(c)(1)), these vessels may not
fish for, possess, or land more than 600
lb (0.27 mt) of butterfish per trip at any
time, and may only land butterfish once
on any calendar day.
(2) A vessel issued longfin squid/
butterfish moratorium permit fishing
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14875
with mesh less than 3 inches (76 mm)
may not fish for, possess, or land more
than 2,500 lb (1.13 mt) of butterfish per
trip at any time, and may only land
butterfish once on any calendar day,
provided that butterfish harvest has not
reached the DAH limit and the reduced
possession limit has not been
implemented, as described in
§ 648.24(c)(1). When butterfish harvest
is projected to reach the DAH limit (as
described in § 648.24(c)(1)), these
vessels may not fish for, possess, or land
more than 600 lb (0.27 mt) of butterfish
per trip at any time, and may only land
butterfish once on any calendar day.
(3) A vessels issued a longfin squid/
butterfish incidental catch permit,
regardless of mesh size used, may not
fish for, possess, or land more than 600
lb (0.27 mt) of butterfish per trip at any
time, and may only land butterfish once
on any calendar day, which is defined
as the 24-hr period beginning at 0001
hours and ending at 2400 hours.
[FR Doc. 2015–06401 Filed 3–19–15; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 80, Number 54 (Friday, March 20, 2015)]
[Rules and Regulations]
[Pages 14870-14875]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06401]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 140902739-5224-02]
RIN 0648-BE49
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS is implementing 2015 specifications and management
measures for Atlantic mackerel, 2015-2017 specifications for Illex
squid, 2015-2017 specifications for longfin squid, and 2015-2017
specifications for butterfish. This action also establishes a
simplified butterfish fishery closure mechanism. These specifications
set catch levels to prevent overfishing and allocate catch to
commercial and recreational fisheries. Additionally, the simplified
butterfish closure mechanism makes operation of the fishery more
efficient and consistent with the higher catch limit for butterfish.
These specifications and management measures are consistent with the
Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan and
the recommendations of the Mid-Atlantic Fishery Management Council.
DATES: Effective April 20, 2015.
ADDRESSES: Copies of the specifications document, including the
Environmental Assessment and Initial Regulatory Flexibility Analysis
(EA/IRFA) and other supporting documents for the specifications, are
available from Dr. Christopher Moore, Executive Director, Mid-Atlantic
Fishery Management Council, Suite 201, 800 N. State Street, Dover, DE
19901. The specifications document is also accessible via the Internet
at: https://www.greateratlantic.fisheries.noaa.gov/.
FOR FURTHER INFORMATION CONTACT: Carly Bari, Fishery Policy Analyst,
(978) 281-9224.
SUPPLEMENTARY INFORMATION:
Background
Specifications, as referred to in this rule, are the combined suite
of commercial and recreational catch levels established for one or more
fishing years. The specifications process also allows for the
modification of a select number of management measures, such as closure
thresholds, gear restrictions, and possession limits. The Council's
process for establishing specifications relies on provisions within the
Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan (FMP)
and its implementing regulations, as well as requirements established
by the Magnuson-Stevens Fishery Conservation and Management Act.
Specifically, section 302(g)(1)(B) of the Magnuson-Stevens Act states
that the Scientific and Statistical Committee (SSC) for each Regional
Fishery Management Council shall provide its Council ongoing scientific
advice for fishery management decisions, including recommendations for
acceptable biological catch (ABC), preventing overfishing, maximum
sustainable yield, and achieving rebuilding targets. The ABC is a level
of catch that accounts for the scientific uncertainty in the estimate
of the stock's defined overfishing level (OFL).
The Council's SSC met on May 7 and 8, 2014, to recommend ABCs for
the 2015 Atlantic mackerel specifications, and the 2015-2017
butterfish, Illex squid, and longfin squid specifications. On November
14, 2014, NMFS published a proposed rule for fishing year 2015 for the
mackerel, squid, and butterfish fishery specifications and management
measures (79 FR 68202); the public comment period for the proposed rule
ended December 15, 2014.
The Atlantic Mackerel, Squid, and Butterfish FMP regulations
require the specification of annual catch limits (ACL) and
accountability measures (AM) for mackerel and butterfish (both squid
species are exempt from the ACL/AM requirements because they have a
life cycle of less than 1 year). In addition, the regulations require
the specification of domestic annual harvest (DAH), domestic annual
processing (DAP), and total allowable level of foreign fishing (TALFF),
along with joint venture processing for (JVP) commercial and
recreational annual catch totals (ACT) for mackerel, the butterfish
mortality cap in the longfin squid fishery, and initial optimum yield
(IOY) for both squid species. Details concerning the Council's
development of these measures were presented in the preamble of the
proposed rule and are not repeated here.
In addition to the specifications, this action simplifies the
management measure for the directed buttefish fishery and changes the
regulations in regard to possession limits.
[[Page 14871]]
Final 2015 Specifications for Atlantic Mackerel
Table 1--2015 Specifications in Metric Tons (mt) for Atlantic Mackerel
------------------------------------------------------------------------
Overfishing limit (OFL) Unknown
------------------------------------------------------------------------
ABC..................................................... 40,165
ACL..................................................... 25,039
Commercial ACT.......................................... 21,138
Recreational ACT/Recreational Harvest Limit (RHL)....... 1,397
DAH/DAP................................................. 20,872
JVP..................................................... 0
TALFF................................................... 0
------------------------------------------------------------------------
The proposed rule for this action included the details of how the
Council derived its recommended mackerel specifications, and NMFS is
not including these details in this final rule. This action establishes
the mackerel stock-wide ABC of 40,165 mt and the U.S. ABC of 25,039 mt,
based on the formula U.S. ABC = Stock-wide ABC-C, where C is the
estimated catch of mackerel in Canadian waters (15,126 mt) for the 2014
fishing year. The ACL is set equal to U.S. ABC at 25,039 mt, the
commercial ACT is set at 21,138 mt, the DAH and DAP are both set at
20,872 mt, and the recreational ACT is set at 1,397 mt.
The recreational fishery allocation for mackerel is 1,552 mt (6.2
percent of the U.S. ABC). The recreational ACT of 1,397 mt (90 percent
of 1,552 mt) accounts for uncertainty in recreational catch and discard
estimates. The Recreational ACT is equal to the Recreational Harvest
Limit (RHL), which is the effective cap on recreational catch.
The commercial fishery allocation for mackerel is 23,487 mt (93.8
percent of the U.S. ABC, the portion of the ACL that was not allocated
to the recreational fishery). The commercial ACT of 21,138 mt (90
percent of 23,487 mt) compensates for management uncertainty in
estimated Canadian landings, uncertainty in discard estimates, and
possible misreporting of mackerel catch. The commercial ACT is further
reduced by a discard rate of 1.26 percent to arrive at the DAH of
20,872 mt. The DAH is the effective cap on commercial catch.
Additionally, this action maintains JVP at zero (the most recent
allocation was 5,000 mt of JVP in 2004). In the past, JVP was set
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 10 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.
The Magnuson-Stevens Act provides that the specification of TALFF,
if any, shall be the portion of the optimum yield (OY) of a fishery
that will not be harvested by U.S. vessels. TALFF would allow foreign
vessels to harvest U.S. fish and sell their product on the world
market, in direct competition with U.S. industry efforts to expand
exports. While a surplus existed between ABC and the mackerel fleet's
harvesting capacity for many years, that surplus has disappeared due to
downward adjustments of the specifications in recent years. Based on
analysis of the global mackerel market and possible increases in U.S.
production levels, the Council concluded that specifying a DAH/DAP that
would result in zero TALFF would 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, the DAH is
set 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 2015 the commercial fishery has the ability to harvest
20,872 mt of mackerel.
2015 Final River Herring and Shad Catch Cap in the Mackerel Fishery
In order to limit river herring and shad catch, Amendment 14 to the
FMP (February 24, 2014; 79 FR 10029) allows the Council to set a river
herring and shad cap through annual specifications. For 2015 the cap is
set at 89 mt initially, but if mackerel landings surpass 10,000 mt
before closure, then the cap will increase to 155 mt. The 89-mt cap
represents the median annual river herring and shad catch by all
vessels landing over 20,000 lb (9.08 mt) of mackerel per trip from
2005-2012. These were years when the fishery caught about 13,000 mt of
mackerel. The 155-mt cap is based on the median river herring and shad
catch by all vessels landing over 20,000 lb (9.08 mt) of mackerel per
trip from 2005-2012, adjusted to the 2015 proposed DAH (20,872 mt). The
purpose of the two-tier system is to encourage the fishery to avoid
river herring and shad regardless of the rate of mackerel catches. If
mackerel catch is low, the 89-mt cap would encourage fishermen to avoid
catching river herring and shad. If mackerel catch increases, the 155-
mt cap should still allow mackerel fishing to occur as long as river
herring and shad catch rates remain below the recent median. Once the
mackerel fishery catches 95 percent of the river herring and shad cap,
we will close the directed mackerel fishery and implement a 20,000-lb
(9.08-mt) incidental catch trip limit for the remainder of the year.
2015-2017 Final Illex Specifications
Table 2--2015-2017 Specifications in Metric Ton (mt) for Illex Squid
------------------------------------------------------------------------
OFL Unknown
------------------------------------------------------------------------
ABC..................................................... 24,000
Initial Optimum Yield (IOY)............................. 22,915
DAH/DAP................................................. 22,915
------------------------------------------------------------------------
This action establishes the Illex ABC as 24,000 mt for the 2015-
2017 fishing years, subject to annual review. The ABC is reduced by the
status quo discard rate of 4.52 percent, which results in an IOY, DAH,
and DAP of 22,914 mt for the 2015-2017 fishing years. These levels are
the same as was specified for the Illex fishery in 2012-2014. 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.
2015-2017 Final Longfin Squid Specifications
Table 3--2015-2017 Specifications in Metric Tons (mt) for Longfin Squid
------------------------------------------------------------------------
OFL Unknown
------------------------------------------------------------------------
ABC..................................................... 23,400
IOY..................................................... 22,445
DAH/DAP................................................. 22,445
------------------------------------------------------------------------
This action establishes the longfin squid ABC of 23,400 mt for the
2015-2017 fishing years, subject to annual review. The ABC is reduced
by the status quo discard rate of 4.08 percent, which results in an
IOY, DAH, and DAP of 22,445 mt for the 2015-2017 fishing years. The FMP
does not authorize the specification of JVP and TALFF for the longfin
squid fishery because of the domestic industry's capacity to harvest
and process the OY for this fishery.
Distribution of the Longfin DAH
As was done in all fishing years since 2007, the 2015-2017 longfin
DAH is allocated into trimesters, according to percentages specified in
the FMP, as follows:
[[Page 14872]]
Table 4--2015-2017 Trimester Allocation of Longfin Quota
------------------------------------------------------------------------
Trimester Percent Metric tons
------------------------------------------------------------------------
I (Jan-Apr)............................. 43 9,651
II (May-Aug)............................ 17 3,816
III (Sep-Dec)........................... 40 8,978
-------------------------------
Total............................... 100 22,445
------------------------------------------------------------------------
2015-2017 Final Butterfish Specifications
Table 5--2015-2017 Specifications in Metric Tons (mt) for Butterfish
----------------------------------------------------------------------------------------------------------------
2015 2016 2017
----------------------------------------------------------------------------------------------------------------
OFL............................................................. 41,092 N/A N/A
ABC............................................................. 33,278 31,412 30,922
Commercial ACT (ABC minus 10-percent buffer).................... 29,950 28,271 27,830
DAH (ACT minus butterfish cap and discards)..................... 22,530 21,043 20,652
Directed Fishery closure limit (DAH minus 1,411 mt buffer)...... 21,119 19,631 19,241
Butterfish Cap (in the longfin squid fishery)................... 3,884 3,884 3,884
----------------------------------------------------------------------------------------------------------------
This action establishes the butterfish ABC at 33,278 mt for 2015
(increased dramatically from 9,100 mt in 2014) to account for the
increased stock size and estimated expected fishing mortality in 2014.
The butterfish ABC is set at 31,412 mt in 2016, and 30,933 mt in 2017
to account for fishing mortality in 2015 and 2016, respectively, with a
60-percent probability of not overfishing as required by the Council
risk policy. The butterfish ACL is equal to the ABC, and establishing a
10-percent buffer between ACL and ACT for management uncertainty,
results in an ACT of 29,950 mt in 2015, 28,271 mt in 2016, and 27,830
mt in 2017.
The butterfish cap is set at 3,884 mt for the 2015-2017 fishing
years, which is the same level as 2014. This cap has not constrained
the longfin fishery and reserves most of the available butterfish quota
for the directed butterfish fishery. The DAH is set at 22,530 mt in
2015, 21,042 mt in 2016, and 20,652 in 2017, accounting for the
butterfish cap and discards in non-longfin fisheries). Butterfish TALFF
is only specified to address bycatch by foreign fleets targeting
mackerel TALFF. Because there is no mackerel TALFF, butterfish TALFF
would also be set at zero.
The 2015 butterfish mortality cap is allocated by Trimester, as
follows:
Table 6--Trimester Allocation of Butterfish Mortality Cap on the Longfin
Squid Fishery for 2015
------------------------------------------------------------------------
Trimester Percent Metric tons
------------------------------------------------------------------------
I (Jan-Apr)............................. 43 1,670
II (May-Aug)............................ 17 660
III (Sep-Dec)........................... 40 1,554
-------------------------------
Total............................... 100 3,844
------------------------------------------------------------------------
Butterfish Directed Fishery Closure Mechanism
This action simplifies butterfish directed fishery closure
mechanism to account for the dramatic increase in butterfish
availability and increased DAH. Instead of the three-phased butterfish
management season, this rule will allow vessels issued longfin squid/
butterfish moratorium permits (as specified at Sec. 648.4(a)(5)(i)) to
land unlimited amounts of butterfish if using mesh greater than or
equal to 3 inches (76 mm) until projected landings reach within 1,411
mt of a given year's DAH. Once landings are within 1,411 mt of the DAH,
NMFS will implement a 5,000-lb (2.27-mt) trip limit. Vessels issued a
longfin squid/butterfish moratorium permit fishing with mesh less than
3 inches (76 mm) are currently prohibited from landing more than 2,500
lb (1.13 mt) of butterfish per trip, and there are no changes for those
vessels. The Council identified 1,411 mt as the amount that would allow
some landings under a 5,000-lb (2.27-mt) trip limit without reaching
the DAH. In the unlikely event that projected landings reach the annual
DAH, then the trip limit will be reduced to 600 lb (0.27 mt) to prevent
an overage of the ACT.
Corrections
This final rule also contains a minor adjustment to an existing
regulation. The vessel monitoring system (VMS) power-down exemption for
vessels that will be at the dock for more than 30 consecutive days, at
Sec. 648.10(c)(2)(i)(B), currently lists specific eligible permits.
The regulatory text is simplified to clarify that the exemption is
available to all permits that are required to have VMS.
Comments and Responses
NMFS received seven comments in response to the proposed rule for
this action. Two were from industry groups, including Garden State
Seafood Association (GSSA) (a New Jersey fishing industry advocacy
group), and The Town Dock (a Rhode Island fishing company and seafood
dealer). One comment was from the Herring Alliance, an environmental
group, and the remaining four comments were from individuals. Two of
the four comments from individuals were unrelated to the
[[Page 14873]]
action and are not included in this rule, and NMFS provides no
response.
Comment 1: GSSA commented in support of the Council's recommended
specifications and management measure with the exception of the
butterfish quota reductions in 2016 and 2017. GSSA would like the
butterfish quota to remain at the 2015 level for the 2016 and 2017
fishing years.
Response: NMFS is implementing the specifications as proposed. The
SSC determined the 2015-2017 ABCs based on projections from the
recently accepted 2014 butterfish assessment (SAW-SARC 58), which
concluded that the stock was above target stock size and experiencing
low fishing mortality. The ABC projections work in a stepwise fashion
and assume average recruitment (fish entering the population). Assuming
that the full ABC is caught each year and applying a fishing mortality
rate that should result in 60-percent probability of not overfishing,
the result is a slightly declining ABC each year from 2015 to 2017.
Since the stock is estimated to be above its target, catches fall
slightly over time, but as long as the stock remains at or above its
target, ABCs would not be expected to fall below 29,000 mt (if the same
approach to addressing scientific uncertainty is used and average
recruitment occurs).
Comment 2: The Town Dock and one individual commented that they
would like to see an increase in the Trimester II quota for longfin
squid. Both commenters would like to see an increase in the rollover
quota from Trimester I to Trimester II to prevent the closure of the
longfin fishery during Trimester II.
Response: NMFS has forwarded these comments to the Council for its
consideration. NMFS does not have the authority to make this change,
and the Council did not consider changes to the Trimester allocations
for the 2015-2017 specifications, but may in future actions.
Comment 3: The Herring Alliance suggested that there should be an
incremental increase in butterfish quota starting lower than the
proposed 2015 quota and increasing the quota in 2016 and 2017.
Response: The butterfish ABCs for 2015-2017 were recommended by the
SSC based on the best available science including the recently accepted
2014 butterfish assessment (SAW-SARC 58), which concluded that the
stock was above the target stock size and experiencing low fishing
mortality.
Comment 4: The Herring Alliance supports the recommended 2015
mackerel ABC, but suggested that NMFS revisit the ABC within one year
after a stock update.
Response: NMFS is implementing the specifications as proposed.
There is not a scheduled stock update for 2016, but the SSC hopes to
extend analysis that considers the performance of data poor approaches
to ABC determination to include highly periodic catch time series.
Based on the results of these simulations, the SSC expects to produce a
revised 2016 ABC for this stock.
Comment 5: The Herring Alliance supports the lower river herring
and shad cap of 89 mt, but does not support the increased cap option of
155 mt.
Response: The two-phased approach for the river herring and shad
cap creates a strong incentive for the mackerel fishery to avoid river
herring and shad when mackerel catch are low or high. The 155 mt river
herring and shad cap will allow the fishery to catch the proposed
mackerel quota in 2015 if the ratio of river herring and shad catch to
total catch is relatively low. If the fishery does not maintain a low
ratio of river herring and shad catch, then the fishery will be closed
once the 89-mt cap is caught.
Comment 6: One individual commented that all of the quotas should
be reduced by 50 percent.
Response: The quotas established through this final rule were based
on the best available science, as recommended by the SSC.
Changes From the Proposed Rule
The proposed rule presented a table for the 2015-2017 butterfish
specifications (Table 5 in the proposed rule). This table incorrectly
listed the DAH subtracting the 1,411-mt buffer for 2017. The correct
butterfish DAH (minus the 1,411-mt buffer) for 2017 is presented in
Table 5 in this final rule, and will be presented to industry in the
small entity compliance guide sent to butterfish permit holders after
the publication of this final rule. Additionally, a minor wording
change was made to Sec. 648.26(d) for consistency.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator for Fisheries (AA) has determined that
this final rule is consistent with the Atlantic Mackerel, Squid, and
Butterfish FMP, other provisions of the Magnuson-Stevens Act, and other
applicable laws.
The Council prepared an EA for the 2015-2017 specifications and
management measures, and the AA concluded that there will be no
significant impact on the human environment as a result of this rule. A
copy of the EA is available upon request (see ADDRESSES).
This action is authorized by 50 CFR part 648 and has been
determined to be not significant for purposes of Executive Order 12866.
NMFS, pursuant to section 604 of the Regulatory Flexibility Act,
has prepared a FRFA, included in the preamble of this final rule, in
support of the 2015-2017 specifications and management measures. The
FRFA describes the economic impact that this final rule, along with
other non-preferred alternatives, will have on small entities.
The FRFA incorporates the economic impacts and analysis summaries
in the IRFA, a summary of the significant issues raised by the public
in response to the IRFA, and NMFS's responses to those comments. A copy
of the IRFA, the RIR, and the EA are available upon request (see
ADDRESSES).
Statement of Need for This Action
This action establishes 2015 specifications for mackerel, and 2015-
2017 specifications for butterfish, Illex squid, and longfin squid. It
also modifies the river herring catch cap in the mackerel fishery and
to simplify the closure mechanism in the butterfish fishery. 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 rule and are not repeated here.
A Summary of the Significant Issues Raised by the Public Comments in
Response to the IRFA, a Summary of the Assessment of the Agency of Such
Issues, and a Statement of Any Changes Made in the Final Rule as a
Result of Such Comments
None of the public comments raised issues related to the IRFA or
the economic impact of the rule on affected entities.
Description and Estimate of Number of Small Entities to Which the Rule
Will Apply
Based on permit data for 2013, the numbers of potential fishing
vessels in the 2015 fisheries are as follows: 384 separate vessels hold
Atlantic mackerel, longfin squid, Illex squid, and butterfish limited
access permits, 287 entities own those vessels, and, based on current
Small Business Administration (SBA) definitions, 274 are small
entities. Of the 274 small entities, 29 had no revenue in 2013 and
those entities with no revenue are listed as small entities for the
purposes of this analysis. All of the entities that had revenue fell
into the finfish or shellfish categories, and
[[Page 14874]]
the SBA definitions for those categories for 2014 are $20.5 million for
finfish fishing and $5.5 million for shellfish fishing. Many vessels
participate in more than one of these fisheries; therefore, the number
of permits is not additive. The only proposed alternatives that involve
increased restrictions apply to mackerel limited access permits, so
those numbers are listed separately (they are a subset of the above
entities). This analysis found that 150 separate vessels hold Atlantic
mackerel, longfin squid, Illex squid, and butterfish limited access
permits, 114 entities own those vessels, and, based on current SBA
definitions, 107 are small entities.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
There are no new reporting or record keeping requirements contained
in any of the alternatives considered for this action. In addition,
there are no Federal rules that duplicate, overlap, or conflict with
this rule.
Description of the Steps the Agency Has Taken To Minimize the
Significant Economic Impacts on Small Entities Consistent With the
Stated Objectives of Applicable Statutes, Including a Statement of the
Factual, Policy, and Legal Reasons for Selecting the Alternative
Adopted in the Final Rule and Why Each One of the Other Significant
Alternatives to the Rule Considered by the Agency Which Affect the
Impact on Small Entities Was Rejected
The mackerel commercial DAH (20,872 mt) represents a reduction from
status quo (2014 DAH = 33,821 mt). Despite the reduction, the DAH is
above recent U.S. landings; mackerel landings for 2010-2013 averaged
5,873 mt. Thus, the reduction does not pose a constraint to vessels
relative to the landings in recent years. Even though the 2015 quota is
lower than the 2014 quota, it will still allow more than a tripling of
catch compared to any year 2011-2013. This action establishes a
Recreational ACT/RHL of 1,552 mt. Because recreational harvest from
2010-2013 averaged 850 mt, it does not appear that the allocation for
the recreational fishery will constrain recreational harvest. Overall,
this action is not expected to result in any reductions in revenues for
vessels that participate in either the commercial or recreational
mackerel fisheries.
The river herring and shad catch cap in the mackerel fishery has
the potential to prevent the fishery from achieving its full mackerel
quota if the river herring and shad encounter rates are high, but it is
very unlikely that the fishery would close before exceeding the levels
of landings experienced since 2010, when landings have been less than
11,000 mt. Based on the operation of the cap in 2014 (the first year of
the cap), as long as the fishery can maintain relatively low river
herring and shad catch rates, this alternative is unlikely to constrain
the mackerel fishery. Examination of river herring and shad catch rates
in 2011-2013 suggest that the only year that the cap would have been
binding would have been 2012. In 2012, relevant trips landed 5,074 mt
of mackerel, but the fishery would have closed at approximately 4,439
mt if the 2015 cap had been in place. Given the river herring and shad
encounter rate in 2012, approximately 608 mt of mackerel landings would
have been forgone. Using the 2013 price of mackerel, 608 mt mackerel
would have amounted to $265,105 of potentially forgone ex-vessel
revenues. However, based on the operation of the cap in 2014, actual
river herring and shad catch rates may be lower under the cap and,
therefore, the cap may not be binding.
The Illex IOY (22,915 mt) renews the status quo for three more
years. Though annual Illex landings have approached this amount in some
recent years (15,825 mt for 2010, 18,797 mt for 2011, 11,709 mt for
2012, and 3,835 mt for 2013), the landings were lower than the 2015-
2017 levels. Thus, implementation of this action should not result in a
reduction in revenue or a constraint on expansion of the fishery in
2015-2017.
The longfin squid IOY (22,445 mt) renews the status quo levels for
three more years. Because longfin squid landings from 2010-2013
averaged 10,093 mt, the 2015-2017 IOY provides an opportunity to
increase landings, though if recent trends of low landings continue,
there may be no increase in landings despite the increase in the
allocation. No reductions in revenues for the longfin squid fishery are
expected as a result of this action.
The butterfish DAHs established in this action (21,119 mt in 2015,
19,631 mt in 2016, and 19,241 mt in 2017) represents a 660-percent
increase over the 2014 DAH (3,200 mt). Due to market conditions, there
has not been a directed butterfish fishery in recent years; therefore,
recent landings have been low. The increase in the DAH has the
potential to increase revenue for permitted vessels, having a positive
economic impact.
This action also simplifies the closure mechanism for the
butterfish fishery. This allows permitted vessels to take butterfish
when they are available or when dealers may process them, and should
have a positive economic impact on the fishery.
The 2015-2017 butterfish discard cap of 3,884 mt renews the status
quo for three more years. The longfin squid fishery will close during
Trimester I, II, or III if the butterfish discards reach the trimester
allocation. If the longfin squid fishery is closed in response to
butterfish catch before the entire longfin squid quota is harvested,
then a loss in revenue is possible. The potential for longfin squid
revenue loss is dependent upon the size of the butterfish discard cap.
This cap level was in effect for the 2013 and 2014 fishing years, and
did not restrict the fishery in either year. For that reason,
additional revenue losses are not expected as a result of this proposed
action.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: March 17, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is amended
as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.10, paragraph (c)(2)(i)(B) is revised to read as
follows:
Sec. 648.10 VMS and DAS requirements for vessel owners/operators.
* * * * *
(c) * * *
(2) * * *
(i) * * *
(B) The vessel owner signs out of the VMS program for a minimum
period of 30 consecutive days by obtaining a valid letter of exemption
pursuant to paragraph (c)(2)(ii) of this section, the vessel does not
engage in any fisheries or move from the dock/mooring until the VMS
unit is turned back on, and the vessel complies with all conditions and
requirements of said letter;
* * * * *
0
3. In Sec. 648.24, paragraph (c)(1) introductory text is revised to
read as follows:
Sec. 648.24 Fishery closures and accountability measures.
* * * * *
(c) Butterfish AMs--(1) Directed butterfish fishery closure. When
[[Page 14875]]
butterfish catch reaches the butterfish closure threshold as determined
in the annual specifications, NMFS shall implement a 5,000-lb (2.27-mt)
possession limit for vessels issued a longfin squid/butterfish
moratorium permit and that are fishing with a minimum mesh size of 3
inches (76 mm). When the butterfish catch is projected to reach the
butterfish DAH as determined in the annual specifications, NMFS shall
implement a 600-lb (0.27-mt) possession limit for all vessels issued a
longfin squid/butterfish moratorium or incidental catch permit.
* * * * *
0
4. In Sec. 648.26, paragraph (d) is revised to read as follows:
Sec. 648.26 Mackerel, squid, and butterfish possession restrictions.
* * * * *
(d) Butterfish. (1) A vessel issued a longfin squid/butterfish
moratorium permit (as specified at Sec. 648.4(a)(5)(i)) fishing with a
minimum mesh size of 3 inches (76 mm) is authorized to fish for,
possess, or land butterfish with no possession restriction in the EEZ
per trip, and may only land butterfish once on any calendar day, which
is defined as the 24-hr period beginning at 0001 hours and ending at
2400 hours, provided that directed butterfish fishery has not been
closed and the reduced possession limit has not been implemented, as
described in Sec. 648.24(c)(1). When butterfish harvest is projected
to reach the threshold for the butterfish fishery (as described in
Sec. 648.24(c)(1)), these vessels may not fish for, possess, or land
more than 5,000 lb (2.27 mt) of butterfish per trip at any time, and
may only land butterfish once on any calendar day. When butterfish
harvest is projected to reach the DAH limit (as described in Sec.
648.24(c)(1)), these vessels may not fish for, possess, or land more
than 600 lb (0.27 mt) of butterfish per trip at any time, and may only
land butterfish once on any calendar day.
(2) A vessel issued longfin squid/butterfish moratorium permit
fishing with mesh less than 3 inches (76 mm) may not fish for, possess,
or land more than 2,500 lb (1.13 mt) of butterfish per trip at any
time, and may only land butterfish once on any calendar day, provided
that butterfish harvest has not reached the DAH limit and the reduced
possession limit has not been implemented, as described in Sec.
648.24(c)(1). When butterfish harvest is projected to reach the DAH
limit (as described in Sec. 648.24(c)(1)), these vessels may not fish
for, possess, or land more than 600 lb (0.27 mt) of butterfish per trip
at any time, and may only land butterfish once on any calendar day.
(3) A vessels issued a longfin squid/butterfish incidental catch
permit, regardless of mesh size used, may not fish for, possess, or
land more than 600 lb (0.27 mt) of butterfish per trip at any time, and
may only land butterfish once on any calendar day, which is defined as
the 24-hr period beginning at 0001 hours and ending at 2400 hours.
[FR Doc. 2015-06401 Filed 3-19-15; 8:45 am]
BILLING CODE 3510-22-P
