Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Specifications, 58583-58587 [2017-26840]
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58583
Federal Register / Vol. 82, No. 238 / Wednesday, December 13, 2017 / Proposed Rules
7311 required the Secretary of
Transportation to review the final
updated RIA and determine if the final
rule’s ECP brake requirements are
justified, based on whether the final
updated RIA demonstrated that the
benefits exceed the costs. The FAST Act
required this process to be completed no
later than December 4, 2017.
Section 7311 required DOT to enter
into an agreement with National
Academy of Sciences (NAS) to test ECP
brakes and reevaluate the economic
analysis supporting the ECP brake
requirement of the Final Rule.5 Section
7311 required the testing to
‘‘objectively, accurately, and reliably
measure[s] the performance of ECP
brake systems relative to other braking
technologies or systems, such as
distributed power and 2-way end-oftrain devices.’’ The FAST Act also
provided for U.S. General
Accountability Office (GAO) review of
the potential costs and benefits of ECP
brakes. In response, GAO completed an
evaluation of the business benefits,
safety benefits, and costs that DOT
estimated in the RIA for the final rule.6
Additionally, GAO recently completed a
second evaluation comparing the
forecasted values of certain data points
that were used to support DOT’s ECP
brake analysis.7 Both audits are
discussed in the final updated RIA.
October 16, 2017—Federal Register
Document and Request for Comments
On October 16, 2017, PHMSA
published a Federal Register document
that provided the public with an
opportunity to comment on the updated
RIA. See 82 FR 48006.8 All documents
and comments related to this matter,
including the updated RIA, are still
available for review at https://
www.regulations.gov in Docket Number
PHMSA–2017–0102.
Final Determination
The final updated RIA shows that the
ECP brake requirements are not
expected to be cost beneficial under any
scenario assessed. These include a range
of crude oil volume by rail forecasts—
one that shows volumes shipped by rail
rebounding over a period of time to
close to the levels predicted at the
rulemaking stage, one that shows levels
flattening at those seen over the past few
years, and a third showing declining
volumes of crude oil shipped by rail.
The estimated costs and benefits for the
20-year analysis are presented in the
following (figures are in millions of
dollars):
TABLE #1
[Millions of dollars]
Total
7 Percent
Low
High
Low
High
Tank Cars ..................................
Locomotives ..............................
Asset Management ...................
Training .....................................
$274.48
115.67
0.52
36.58
$364.48
153.25
0.52
36.58
$191.69
85.86
0.52
36.58
$237.76
105.03
0.52
32.29
$318.49
140.42
0.52
32.29
Total Costs .........................
Damage Mitigation ....................
Set Out Reliefs ..........................
Class IA Brake Test ..................
Wheel Savings ..........................
Fuel Savings .............................
427.25
89.52
11.04
67.90
46.39
42.70
554.83
146.16
14.18
87.58
71.15
54.88
314.65
70.07
6.62
40.29
33.22
25.63
375.60
48.16
5.87
27.54
26.77
22.70
Total Benefits .....................
257.54
373.95
175.82
Net Benefits ................
¥169.71
¥180.88
¥138.83
As mandated by Section 7311, the
Department of Transportation has
reviewed the final updated RIA and
determined that the HM–251 final rule’s
ECP brake requirements are not
economically justified as the final
updated RIA demonstrates that the
expected benefits do not exceed the
expected costs. As such, PHMSA and
FRA will initiate a rulemaking to
rescind the necessary regulatory
provisions.
Sensitivity
3 Percent
Low
High
$165.00
77.13
0.52
32.29
$256.18
110.79
0.52
34.62
$341.52
147.39
0.52
34.62
$178.39
81.84
0.52
34.62
491.72
78.19
7.46
46.04
37.40
28.85
274.95
37.36
3.56
21.68
17.87
13.79
402.11
67.19
8.24
45.07
36.08
31.90
524.05
109.44
10.55
65.12
52.90
40.81
295.37
52.41
4.97
30.24
24.93
19.23
131.03
197.95
94.27
188.49
278.81
131.78
¥244.57
¥293.78
¥180.68
¥213.63
¥245.24
¥163.59
Issued in Washington, DC on December 5,
2017, under authority delegated in 49 CFR
1.97.
Drue Pearce,
Deputy Administrator, Pipeline and
Hazardous Materials Safety Administration.
Sensitivity
Sensitivity
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[FR Doc. 2017–26546 Filed 12–12–17; 8:45 am]
[Docket No. 170713663–7663–01]
BILLING CODE 4910–60–P
RIN 0648–BH04
Fisheries of the Northeastern United
States; Atlantic Mackerel, Squid, and
Butterfish Fisheries; Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
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AGENCY:
5 In a March 17, 2016, letter, NAS declined to
perform the testing, citing preliminary cost
estimates to perform the testing in excess of $100
million and expressing concern about meeting the
statutory deadline. As an alternative, to meet the
intent of the FAST Act, DOT conducted the testing
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itself and contracted with NAS to review and
monitor the test plan.
6 DOT’s Rulemaking on Electronically Controlled
Pneumatic Brakes Could Benefit from Additional
Data and Transparency, GAO–17–122, Oct 12, 2016.
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7 2015 Electronically Controlled Pneumatic Brake
Rule: Comparison of DOT Forecasts for Selected
Data Points for 2015 and 2016 to Preliminary Data
for Those Years, GAO–17–567R, May 31, 2017.
8 https://www.gpo.gov/fdsys/pkg/FR-2017-10-16/
pdf/2017-22281.pdf.
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Federal Register / Vol. 82, No. 238 / Wednesday, December 13, 2017 / Proposed Rules
Proposed rule, request for
comments.
ACTION:
NMFS proposes revised
longfin squid, Illex squid, and butterfish
specifications for the 2018 fishing year
and projected specifications for fishing
years 2019 and 2020. NMFS previously
set specifications for Atlantic mackerel
for three years in 2016 (2016–2018) and,
therefore, new Atlantic mackerel
specifications will not be included in
this year’s specification rulemaking.
This action is necessary to specify catch
levels for the squid and butterfish
fisheries based upon updated
information on stock status. These
proposed and projected specifications
are intended to promote the sustainable
utilization and conservation of the squid
and butterfish resources.
DATES: Public comments must be
received by January 12, 2018.
ADDRESSES: Copies of supporting
documents used by the Mid-Atlantic
Fishery Management Council, including
the Environmental Assessment (EA), the
Regulatory Impact Review (RIR), and the
Regulatory Flexibility Act (RFA)
analysis are available from: Dr.
Christopher M. Moore, Executive
Director, Mid-Atlantic Fishery
Management Council, 800 North State
Street, Suite 201, Dover, DE 19901,
telephone (302) 674–2331. The EA/RIR/
RFA analysis is also accessible via the
internet at www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20170089.
You may submit comments, identified
by NOAA–NMFS–2017–0089, by any of
the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20170089, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
NMFS, Greater Atlantic Regional
Fisheries Office, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the
outside of the envelope ‘‘Comments on
2018 MSB Specifications.’’
• Fax: 978–281–9135; Attn: Douglas
Christel.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
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SUMMARY:
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otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in the required fields if you wish
to remain anonymous). Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF
file formats only.
FOR FURTHER INFORMATION CONTACT:
Douglas Christel, Fishery Policy
Analyst, (978) 281–9141, fax (978) 281–
9135.
SUPPLEMENTARY INFORMATION:
Background
This rule proposes specifications,
which are the combined suite of
commercial and recreational catch
levels established for one or more
fishing years. Section 302(g)(1)(B) of the
Magnuson-Stevens Fishery
Conservation and Management 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, ensuring
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 regulations implementing the
Atlantic Mackerel, Squid, and Butterfish
Fishery Management Plan (FMP) require
the Council’s Atlantic Mackerel, Squid,
and Butterfish Monitoring Committee to
develop specification recommendations
for each species based upon the ABC
advice of the Council’s SSC. The FMP
regulations also require the specification
of annual catch limits (ACLs) and
accountability measure (AM) provisions
for butterfish. Both squid species are
exempt from the ACL/AM requirements
because they have a life cycle of less
than one year. In addition, the
regulations require the specification of
domestic annual harvest (DAH),
domestic annual processing (DAP), total
allowable level of foreign fishing
(TALFF), joint venture processing (JVP),
commercial and recreational annual
catch targets (ACT), the butterfish
mortality cap in the longfin squid
fishery, and initial optimum yield (IOY)
for both squid species.
The Council’s SSC met on May 17 and
18, 2017, and the Monitoring Committee
met on June 7, 2017, to recommend
revised longfin squid, Illex squid, and
butterfish specifications for the 2018
and projected specifications for the 2019
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and 2020 fishing years. The Council
considered the recommendations of the
SSC, the Monitoring Committee, and
public comments at its June 6–8, 2017,
meeting. The Council submitted its
recommendations, as summarized
below, along with the required analyses,
for agency review on August 24, 2017.
NMFS must review the Council’s
recommendations for compliance with
the FMP and applicable law, and
conduct notice-and-comment
rulemaking to propose and implement
the final specifications.
This action does not consider
revisions to existing specifications for
Atlantic mackerel. On April 26, 2016,
we implemented Atlantic mackerel
specifications for fishing years 2016–
2018 (81 FR 24504). That action
implemented a 2018 mackerel ABC of
19,898 mt, an ACL of 11,009 mt, a
commercial ACT of 9,294 mt, a
commercial DAH of 9,177 mt, and a
recreational ACT of 614 mt. A new stock
assessment for Atlantic mackerel is
expected to be completed as part of
Stock Assessment Workshop 64 in
November 2017. This will inform
updated mackerel specifications starting
in fishing year 2019.
Proposed 2018 and Projected 2019–2020
Illex Squid Specifications
TABLE 1—PROPOSED 2018 AND PROJECTED 2019 AND 2020 ILLEX
SQUID SPECIFICATIONS IN METRIC
TON (mt)
OFL .......................................
ABC ......................................
IOY ........................................
DAH/DAP ..............................
Unknown
24,000
22,915
22,915
The Illex squid stock was most
recently assessed at the 42nd Northeast
Regional Stock Assessment Workshop
in late 2005. The assessment did not
generate reliable estimates of stock
biomass or fishing mortality. The
Northeast Fisheries Science Center
conducted a data update for Illex squid
in April 2017. The update indicated that
abundance continues to be highly
variable, but that relative abundance
was near the long-term median during
2014–2016. The SSC considered the
results of this data update in
recommending revised 2018 and
projected 2019 and 2020 ABCs. In the
absence of an updated stock assessment
and the inadequacy of information to
determine an OFL and assess the
probability of overfishing, the SSC
recommended maintaining the status
quo ABC of 24,000 mt for 2018 and
continuing that for 2019 and 2020. The
SSC concluded that landings of 24,000–
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26,000 mt do not appear to have caused
harm to the Illex stock based on trawl
survey indices and landings following
years in which the fishery landed
24,000–26,000 mt of Illex squid.
The Council recommended that the
ABC be reduced by the status quo
discard rate of 4.52 percent, which
results in an IOY, DAH, and DAP of
22,915 mt for 2018 that would be
maintained for the 2019 and 2020
fishing years. These are the same
specifications for the Illex fishery since
2012. The Council will review this
decision during its annual specifications
process following annual data updates
each spring, and may change its
recommendations for 2019 or 2020 if
new information is available. 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 22,915 mt for the 2015–
2017 fishing years.
Proposed 2018 and Projected 2019–2020
Longfin Squid Specifications
TABLE 2—PROPOSED 2018 AND PROJECTED 2019 AND 2020 LONGFIN
SQUID SPECIFICATIONS IN METRIC
TONS (mt)
OFL .......................................
ABC ......................................
IOY ........................................
DAH/DAP ..............................
Unknown
23,400
22,932
22,932
The most recent longfin squid
assessment, the 51st Northeast Regional
Stock Assessment Workshop published
in January 2011, found that the longfin
squid stock was not overfished in 2009
based on recent biomass estimates from
NMFS surveys. The Workshop
concluded that the overfishing status
was unknown in 2009 because the short
lifespan of longfin squid and the lack of
evidence correlating fishing effort with
changes in biomass prevented the
estimation of a fishing mortality
reference point. The SSC considered the
results of an April 2017 assessment
update for longfin squid, which
included more recent fishery dependent
and independent information on longfin
catch and abundance. Based on that
update, the longfin squid stock was not
overfished in 2016 because the average
swept-area biomass estimates derived
from recent surveys were much higher
(73,762 mt) than the threshold biomass
proxy (21,203 mt) for determining
overfished status and the target biomass
proxy at maximum sustainable yield
(42,205 mt). Thus, the current stock
biomass is estimated to be
approximately 174 percent of the
biomass target. The assessment
concluded that the stock is likely lightly
exploited because annual catches since
1987 were less than annual biomass and
did not result in a multi-year decrease
in biomass. Based on the above, the SSC
recommended maintaining current
levels for another three years, subject to
annual review, resulting in a proposed
ABC of 23,400 mt for 2018 and
projected ABCs for 2019 and 2020. This
recommendation corresponds to catch
in the year with the highest observed
exploitation fraction (catch divided by
estimated biomass) during a period of
light exploitation (1976–2009),
interpreting this level of exploitation to
be sustainable over the long term.
The Council recommended reducing
the ABC by an updated discard rate of
2.0 percent derived from the April 2017
assessment update. This discard rate is
lower than previous discard rates
estimated at 4.08 percent, and reflects
the discards observed since 2007, the
year in which the current trimester
management approach was
implemented. Using this updated
discard estimate results in a
recommended IOY, DAH, and DAP of
22,932 mt for 2018 and the same
projected catch levels for 2019 and
2020. Consistent with the Council’s
recommendation, NMFS proposes an
ABC of 23,400 mt, and an IOY, DAH,
and DAP of 22,932 mt for 2018 and
projects the same catch levels for 2019
and 2020.
Distribution of the Longfin DAH
The Council did not recommend any
changes to the trimester allocation of the
2018–2020 longfin DAH. Therefore,
allocations would remain consistent
with the distribution implemented since
2007 according to percentages specified
in the FMP, as follows:
TABLE 3—PROPOSED 2018 AND PROJECTED 2019–2020 LONGFIN QUOTA TRIMESTER ALLOCATIONS
Trimester
Percent
I (Jan–Apr) ...................................................................................................................................................................
II (May–Aug) ................................................................................................................................................................
III (Sep–Dec) ................................................................................................................................................................
Metric tons
43
17
40
9,861
3,898
9,173
Proposed 2018 and Projected 2019–2020
Butterfish Specifications
TABLE 4—PROPOSED 2018 AND PROJECTED 2019–2020 BUTTERFISH SPECIFICATIONS IN METRIC TONS (mt)
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2018
OFL ..............................................................................................................................................
ABC ..............................................................................................................................................
Commercial ACT (ABC—management uncertainty buffers for each year) ................................
DAH (ACT minus butterfish cap and discards) ...........................................................................
Directed Fishery closure limit (DAH—1,000 mt incidental landings buffer) ................................
Butterfish Cap (in the longfin squid fishery) ................................................................................
The status of the butterfish stock was
last assessed in the 58th Northeast
Regional Stock Assessment Workshop
(March 2014), and updated through a
March 2017 assessment update. The
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2017 assessment update concluded that
the stock was neither overfished, nor
subject to overfishing. The butterfish
stock biomass is estimated to be 64,376
mt, well above the target stock biomass
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2019
28,628
17,801
16,911
12,093
11,093
3,884
37,637
27,108
25,075
20,061
19,061
3,884
2020
39,592
32,063
28,857
23,752
22,752
3,884
at maximum sustainable yield (45,616
mt). In addition, the fishing mortality
rate was estimated to be very low (0.05),
well below the overfishing reference
point of 0.81. However, trawl survey
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information suggests that recruitment
has been declining in recent years. Due
to reduced recruitment, biomass is
expected to decline below target levels
(45,616 mt) in 2017, but remain above
the overfishing threshold (22,808 mt). If
recruitment returns to average levels,
then the stock is predicted to rebound
above the biomass target by 2020.
The SSC derived OFLs for 2018 and
projected OFLs for 2019–2020 by
applying estimated natural and fishing
mortality to the size of the existing
stock, assuming the ABCs are fully
harvested each year (see Table 4).
However, the SSC noted that the
estimated uncertainties from the OFLs
derived from the assessment make them
unrealistic for setting ABCs. In addition,
the SSC was concerned about the
declining trend in recruitment from
recent trawl surveys, suggesting that
catch projections may be overly
optimistic. As a result, the SSC
recommended an ABC of 17,801 mt in
2018, 27,108 mt in 2019, and 32,063 mt
in 2020. The low 2018 ABC is 42
percent below the 2017 ABC and
reflects projections using low
recruitment estimates from 2016. In
contrast, the 2019 and 2020 ABC
recommendations are based upon longterm average recruitment. The SSC
admitted that these catch levels are very
conservative, estimating that the
probability of overfishing is very low (8
percent).
At its June 2017 meeting, the Council
adopted the SSC’s butterfish ABC
recommendations subject to annual
review, as required by existing
regulations. The Monitoring Committee
indicated that discards and landings are
adequately controlled under existing
measures. Accordingly, the Monitoring
Committee and the Council
recommended using a lower estimate of
management uncertainty when setting
ACTs, adopting a 5-percent management
uncertainty buffer in 2018, a 7.5-percent
buffer in 2019, and maintaining the
current 10-percent buffer for 2020. The
Council reasoned that there is a lower
likelihood of an unexpected change in
butterfish discarding in the directed
fishery with lower catch levels, allowing
for a smaller ACT buffer in 2018 and
2019. This results in a proposed
commercial ACT of 12,093 mt in 2018,
and proposed ACTs of 25,075 mt in
2019 and 28,857 in 2020.
To prevent butterfish catch from
exceeding the ACT, the Council
subtracts butterfish catch in the longfin
squid fishery, catch in other fisheries,
and discards in the directed fishery. The
Council recommended maintaining the
butterfish cap for the longfin squid
fishery at the 2014 level of 3,884 mt for
2018 and projected maintaining that
level for 2019 and 2020. This cap is not
constraining on the longfin fishery and
reserves most of the available butterfish
quota for the directed butterfish fishery.
The maximum amount of butterfish
discards in non-longfin fisheries from
2011–2013 was 637 mt. The Council did
not indicate that there is a need to revise
this estimate. Therefore, 4,521 mt (the
3,884-mt butterfish cap plus 637 mt of
discards) would be subtracted from the
ACT, as recommended. Next, the
Council deducts an estimate of
butterfish discards in the directed
fishery to calculate the DAH (i.e.,
commercial landings). Previous analysis
used an assumed discard rate of 11.4
percent. However, updated analysis
using more recent observed trips
targeting butterfish (trips that landed
over 25,000 lb (9.33 mt) of butterfish)
suggests that a discard rate of 2.4
percent is more accurate. Using this
updated discard estimate results in a
Council-recommended DAH of 12,093
mt in 2018, 20,061 mt in 2019, and
23,752 mt in 2020.
Current regulations require butterfish
specifications to establish a buffer to
account for butterfish landings once the
directed fishery is closed and a 5,000lb (2,268-kg) incidental limit is
imposed. Based on previous analysis, if
such an incidental limit is
implemented, less than 700 mt of
butterfish would be landed after the
directed fishery is closed. Therefore, the
Council recommended closing the
directed butterfish fishery once 11,093
mt is caught in 2018, 19,061 mt is
caught in 2019, and 22,752 is caught in
2020. This would provide a 1,000-mt set
aside in each year to account for
incidental landings of butterfish after a
closure of the directed fishery.
NMFS proposes specifications,
consistent with the Council’s
recommendations, as outlined in Table
4. Because the Council did not
recommend any changes to the
allocation of the butterfish mortality cap
on the longfin squid fishery, we also
propose that the 2018–2020 butterfish
mortality cap be allocated to Trimesters
as follows:
TABLE 5—PROPOSED TRIMESTER ALLOCATION OF BUTTERFISH MORTALITY CAP ON THE LONGFIN SQUID FISHERY FOR
2018 AND PROJECTED ALLOCATIONS FOR 2019 AND 2020
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
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 provisions of the
Magnuson-Stevens Act, and other
applicable law, subject to further
consideration after public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
This proposed rule is not expected to be
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an Executiver Order 13771 regulatory
action because this proposed rule is not
significant under Executive Order
12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration that this
proposed rule, if adopted, would not
have a significant economic impact on
a substantial number of small entities.
The purpose, context, and statutory
basis for this action is described above
and not repeated here. Business entities
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affected by this action include vessels
that are issued limited access longfin
squid/butterfish and Illex squid permits.
Although vessels issued open access
incidental catch permits for these
species are also potentially affected by
this action, because these vessels land
only small amounts of squid and
butterfish and this action would not
revise the amount of squid and
butterfish that these vessels can land,
these entities would not be affected by
this proposed rule.
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Any entity with combined annual
fishery landing receipts less than $11
million is considered a small entity
based on standards published in the
Federal Register (80 FR 81194,
December 29, 2015). In 2016, 298
separate vessels were issued longfin
squid/butterfish and Illex squid limited
access permits. These vessels were
owned by 222 entities, of which 214
earned less and 8 earned more than $11
million in revenue. Average revenue
among all entities was $2.1 million in
2016. Therefore, 214 entities affected by
this action are classified as small
businesses based on current definitions.
The existing Illex squid commercial
landing limit would not be changed by
this proposed action, while the
commercial longfin squid landing limit
would be slightly increased by 2 percent
(487 mt). Fishing revenue and,
therefore, economic impacts of yearly
squid specifications depend upon
species availability. In 2016, the longfin
squid fishery landed 81 percent of the
2016 commercial landing limit,
resulting in nearly $50 million in
fishing revenue. The Illex squid fishery
landed just 29 percent of the 2016
commercial landing limit, resulting in a
value of $7.2 million, but landed 100
percent of the 2017 commercial limit as
of September 15, 2017. If both fisheries
fully harvested proposed 2018
commercial landing limits, the longfin
and Illex squid fisheries could generate
approximately $63 and $25 million in
fishing revenue, respectively, based on
2016 prices. Because this action would
essentially maintain existing landing
limits, it imposes no costs and is not
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expected to alter fishing behavior or
resulting revenues.
This action would reduce current
commercial butterfish landing limits in
2018 and 2019. Compared to the 2017
commercial butterfish landing limit
(20,652 mt), the proposed 2018 and
projected 2019 commercial landing
limits are 41 and 3 percent lower
(12,093 mt and 20,061 mt, respectively),
while the projected 2020 landing limit
(23,752 mt) is 15 percent higher. Since
2014, the butterfish fishery has not
landed more than 3,135 mt in any year.
Recent landings peaked at 4,435 mt in
2001, representing only 37 percent of
the proposed quota for 2018. Even at its
peak, domestic landings reached 11,715
mt in 1984, which is still 3 percent shy
of the proposed 2018 commercial quota.
It is possible for the fishery to
substantially increase butterfish
landings compared to recent years
without approaching the reduced limits
proposed in this action. Therefore,
although the proposed action would
substantially reduce commercial
butterfish landing limits in 2018, such
a reduction is unlikely to impede
commercial operations or reduce
domestic butterfish landings from recent
levels. Based on 2016 prices, if the
fishery fully harvested the proposed
2018 commercial limit, it may generate
nearly $17 million in fishery revenue,
which would be a 41-percent reduction
from potential revenue under landing
limits consistent with 2017 landing
limits. However, because we expect the
fishery to land much less than the
landing limit, these potential revenues
are not realistic. Instead, we expect that
PO 00000
Frm 00022
Fmt 4702
Sfmt 9990
58587
the fishery would maintain recent catch
levels, which would produce $2.3
million in fishing revenue based on
average landings since 2012 and 2016
price estimates.
In determining the significance of the
economic impacts of the proposed
action, we considered the following two
criteria outlined in applicable National
Marine Fisheries Service guidance:
Disproportionality and profitability. The
proposed measures would not place a
substantial number of small entities at a
significant competitive disadvantage to
large entities; all entities affected by this
action would be equally affected.
Accordingly, there are no distributional
economic effects from this action
between small and large entities.
Proposed measures would not reduce
fishing opportunities based on recent
squid and butterfish landings, change
any entity’s access to these resources, or
impose any costs to affected entities.
Therefore, it is unlikely that this action
would reduce revenues or profit for
affected entities. Based on the above
justification, the proposed action is not
expected to have a significant economic
impact on a substantial number of small
entities.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 7, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2017–26840 Filed 12–12–17; 8:45 am]
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[Federal Register Volume 82, Number 238 (Wednesday, December 13, 2017)]
[Proposed Rules]
[Pages 58583-58587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26840]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 170713663-7663-01]
RIN 0648-BH04
Fisheries of the Northeastern United States; Atlantic Mackerel,
Squid, and Butterfish Fisheries; Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 58584]]
ACTION: Proposed rule, request for comments.
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SUMMARY: NMFS proposes revised longfin squid, Illex squid, and
butterfish specifications for the 2018 fishing year and projected
specifications for fishing years 2019 and 2020. NMFS previously set
specifications for Atlantic mackerel for three years in 2016 (2016-
2018) and, therefore, new Atlantic mackerel specifications will not be
included in this year's specification rulemaking. This action is
necessary to specify catch levels for the squid and butterfish
fisheries based upon updated information on stock status. These
proposed and projected specifications are intended to promote the
sustainable utilization and conservation of the squid and butterfish
resources.
DATES: Public comments must be received by January 12, 2018.
ADDRESSES: Copies of supporting documents used by the Mid-Atlantic
Fishery Management Council, including the Environmental Assessment
(EA), the Regulatory Impact Review (RIR), and the Regulatory
Flexibility Act (RFA) analysis are available from: Dr. Christopher M.
Moore, Executive Director, Mid-Atlantic Fishery Management Council, 800
North State Street, Suite 201, Dover, DE 19901, telephone (302) 674-
2331. The EA/RIR/RFA analysis is also accessible via the internet at
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0089.
You may submit comments, identified by NOAA-NMFS-2017-0089, by any
of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0089, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to NMFS, Greater Atlantic
Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA
01930. Mark the outside of the envelope ``Comments on 2018 MSB
Specifications.''
Fax: 978-281-9135; Attn: Douglas Christel.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Douglas Christel, Fishery Policy
Analyst, (978) 281-9141, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION:
Background
This rule proposes specifications, which are the combined suite of
commercial and recreational catch levels established for one or more
fishing years. Section 302(g)(1)(B) of the Magnuson-Stevens Fishery
Conservation and Management 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, ensuring 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 regulations implementing the Atlantic Mackerel, Squid, and
Butterfish Fishery Management Plan (FMP) require the Council's Atlantic
Mackerel, Squid, and Butterfish Monitoring Committee to develop
specification recommendations for each species based upon the ABC
advice of the Council's SSC. The FMP regulations also require the
specification of annual catch limits (ACLs) and accountability measure
(AM) provisions for butterfish. Both squid species are exempt from the
ACL/AM requirements because they have a life cycle of less than one
year. In addition, the regulations require the specification of
domestic annual harvest (DAH), domestic annual processing (DAP), total
allowable level of foreign fishing (TALFF), joint venture processing
(JVP), commercial and recreational annual catch targets (ACT), the
butterfish mortality cap in the longfin squid fishery, and initial
optimum yield (IOY) for both squid species.
The Council's SSC met on May 17 and 18, 2017, and the Monitoring
Committee met on June 7, 2017, to recommend revised longfin squid,
Illex squid, and butterfish specifications for the 2018 and projected
specifications for the 2019 and 2020 fishing years. The Council
considered the recommendations of the SSC, the Monitoring Committee,
and public comments at its June 6-8, 2017, meeting. The Council
submitted its recommendations, as summarized below, along with the
required analyses, for agency review on August 24, 2017. NMFS must
review the Council's recommendations for compliance with the FMP and
applicable law, and conduct notice-and-comment rulemaking to propose
and implement the final specifications.
This action does not consider revisions to existing specifications
for Atlantic mackerel. On April 26, 2016, we implemented Atlantic
mackerel specifications for fishing years 2016-2018 (81 FR 24504). That
action implemented a 2018 mackerel ABC of 19,898 mt, an ACL of 11,009
mt, a commercial ACT of 9,294 mt, a commercial DAH of 9,177 mt, and a
recreational ACT of 614 mt. A new stock assessment for Atlantic
mackerel is expected to be completed as part of Stock Assessment
Workshop 64 in November 2017. This will inform updated mackerel
specifications starting in fishing year 2019.
Proposed 2018 and Projected 2019-2020 Illex Squid Specifications
Table 1--Proposed 2018 and Projected 2019 and 2020 Illex Squid
Specifications in Metric Ton (mt)
------------------------------------------------------------------------
------------------------------------------------------------------------
OFL..................................................... Unknown
ABC..................................................... 24,000
IOY..................................................... 22,915
DAH/DAP................................................. 22,915
------------------------------------------------------------------------
The Illex squid stock was most recently assessed at the 42nd
Northeast Regional Stock Assessment Workshop in late 2005. The
assessment did not generate reliable estimates of stock biomass or
fishing mortality. The Northeast Fisheries Science Center conducted a
data update for Illex squid in April 2017. The update indicated that
abundance continues to be highly variable, but that relative abundance
was near the long-term median during 2014-2016. The SSC considered the
results of this data update in recommending revised 2018 and projected
2019 and 2020 ABCs. In the absence of an updated stock assessment and
the inadequacy of information to determine an OFL and assess the
probability of overfishing, the SSC recommended maintaining the status
quo ABC of 24,000 mt for 2018 and continuing that for 2019 and 2020.
The SSC concluded that landings of 24,000-
[[Page 58585]]
26,000 mt do not appear to have caused harm to the Illex stock based on
trawl survey indices and landings following years in which the fishery
landed 24,000-26,000 mt of Illex squid.
The Council recommended that the ABC be reduced by the status quo
discard rate of 4.52 percent, which results in an IOY, DAH, and DAP of
22,915 mt for 2018 that would be maintained for the 2019 and 2020
fishing years. These are the same specifications for the Illex fishery
since 2012. The Council will review this decision during its annual
specifications process following annual data updates each spring, and
may change its recommendations for 2019 or 2020 if new information is
available. 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 22,915 mt for the 2015-2017 fishing years.
Proposed 2018 and Projected 2019-2020 Longfin Squid Specifications
Table 2--Proposed 2018 and Projected 2019 and 2020 Longfin Squid
Specifications in Metric Tons (mt)
------------------------------------------------------------------------
------------------------------------------------------------------------
OFL..................................................... Unknown
ABC..................................................... 23,400
IOY..................................................... 22,932
DAH/DAP................................................. 22,932
------------------------------------------------------------------------
The most recent longfin squid assessment, the 51st Northeast
Regional Stock Assessment Workshop published in January 2011, found
that the longfin squid stock was not overfished in 2009 based on recent
biomass estimates from NMFS surveys. The Workshop concluded that the
overfishing status was unknown in 2009 because the short lifespan of
longfin squid and the lack of evidence correlating fishing effort with
changes in biomass prevented the estimation of a fishing mortality
reference point. The SSC considered the results of an April 2017
assessment update for longfin squid, which included more recent fishery
dependent and independent information on longfin catch and abundance.
Based on that update, the longfin squid stock was not overfished in
2016 because the average swept-area biomass estimates derived from
recent surveys were much higher (73,762 mt) than the threshold biomass
proxy (21,203 mt) for determining overfished status and the target
biomass proxy at maximum sustainable yield (42,205 mt). Thus, the
current stock biomass is estimated to be approximately 174 percent of
the biomass target. The assessment concluded that the stock is likely
lightly exploited because annual catches since 1987 were less than
annual biomass and did not result in a multi-year decrease in biomass.
Based on the above, the SSC recommended maintaining current levels for
another three years, subject to annual review, resulting in a proposed
ABC of 23,400 mt for 2018 and projected ABCs for 2019 and 2020. This
recommendation corresponds to catch in the year with the highest
observed exploitation fraction (catch divided by estimated biomass)
during a period of light exploitation (1976-2009), interpreting this
level of exploitation to be sustainable over the long term.
The Council recommended reducing the ABC by an updated discard rate
of 2.0 percent derived from the April 2017 assessment update. This
discard rate is lower than previous discard rates estimated at 4.08
percent, and reflects the discards observed since 2007, the year in
which the current trimester management approach was implemented. Using
this updated discard estimate results in a recommended IOY, DAH, and
DAP of 22,932 mt for 2018 and the same projected catch levels for 2019
and 2020. Consistent with the Council's recommendation, NMFS proposes
an ABC of 23,400 mt, and an IOY, DAH, and DAP of 22,932 mt for 2018 and
projects the same catch levels for 2019 and 2020.
Distribution of the Longfin DAH
The Council did not recommend any changes to the trimester
allocation of the 2018-2020 longfin DAH. Therefore, allocations would
remain consistent with the distribution implemented since 2007
according to percentages specified in the FMP, as follows:
Table 3--Proposed 2018 and Projected 2019-2020 Longfin Quota Trimester
Allocations
------------------------------------------------------------------------
Trimester Percent Metric tons
------------------------------------------------------------------------
I (Jan-Apr)................................ 43 9,861
II (May-Aug)............................... 17 3,898
III (Sep-Dec).............................. 40 9,173
------------------------------------------------------------------------
Proposed 2018 and Projected 2019-2020 Butterfish Specifications
Table 4--Proposed 2018 and Projected 2019-2020 Butterfish Specifications in Metric Tons (mt)
----------------------------------------------------------------------------------------------------------------
2018 2019 2020
----------------------------------------------------------------------------------------------------------------
OFL............................................................. 28,628 37,637 39,592
ABC............................................................. 17,801 27,108 32,063
Commercial ACT (ABC--management uncertainty buffers for each 16,911 25,075 28,857
year)..........................................................
DAH (ACT minus butterfish cap and discards)..................... 12,093 20,061 23,752
Directed Fishery closure limit (DAH--1,000 mt incidental 11,093 19,061 22,752
landings buffer)...............................................
Butterfish Cap (in the longfin squid fishery)................... 3,884 3,884 3,884
----------------------------------------------------------------------------------------------------------------
The status of the butterfish stock was last assessed in the 58th
Northeast Regional Stock Assessment Workshop (March 2014), and updated
through a March 2017 assessment update. The 2017 assessment update
concluded that the stock was neither overfished, nor subject to
overfishing. The butterfish stock biomass is estimated to be 64,376 mt,
well above the target stock biomass at maximum sustainable yield
(45,616 mt). In addition, the fishing mortality rate was estimated to
be very low (0.05), well below the overfishing reference point of 0.81.
However, trawl survey
[[Page 58586]]
information suggests that recruitment has been declining in recent
years. Due to reduced recruitment, biomass is expected to decline below
target levels (45,616 mt) in 2017, but remain above the overfishing
threshold (22,808 mt). If recruitment returns to average levels, then
the stock is predicted to rebound above the biomass target by 2020.
The SSC derived OFLs for 2018 and projected OFLs for 2019-2020 by
applying estimated natural and fishing mortality to the size of the
existing stock, assuming the ABCs are fully harvested each year (see
Table 4). However, the SSC noted that the estimated uncertainties from
the OFLs derived from the assessment make them unrealistic for setting
ABCs. In addition, the SSC was concerned about the declining trend in
recruitment from recent trawl surveys, suggesting that catch
projections may be overly optimistic. As a result, the SSC recommended
an ABC of 17,801 mt in 2018, 27,108 mt in 2019, and 32,063 mt in 2020.
The low 2018 ABC is 42 percent below the 2017 ABC and reflects
projections using low recruitment estimates from 2016. In contrast, the
2019 and 2020 ABC recommendations are based upon long-term average
recruitment. The SSC admitted that these catch levels are very
conservative, estimating that the probability of overfishing is very
low (8 percent).
At its June 2017 meeting, the Council adopted the SSC's butterfish
ABC recommendations subject to annual review, as required by existing
regulations. The Monitoring Committee indicated that discards and
landings are adequately controlled under existing measures.
Accordingly, the Monitoring Committee and the Council recommended using
a lower estimate of management uncertainty when setting ACTs, adopting
a 5-percent management uncertainty buffer in 2018, a 7.5-percent buffer
in 2019, and maintaining the current 10-percent buffer for 2020. The
Council reasoned that there is a lower likelihood of an unexpected
change in butterfish discarding in the directed fishery with lower
catch levels, allowing for a smaller ACT buffer in 2018 and 2019. This
results in a proposed commercial ACT of 12,093 mt in 2018, and proposed
ACTs of 25,075 mt in 2019 and 28,857 in 2020.
To prevent butterfish catch from exceeding the ACT, the Council
subtracts butterfish catch in the longfin squid fishery, catch in other
fisheries, and discards in the directed fishery. The Council
recommended maintaining the butterfish cap for the longfin squid
fishery at the 2014 level of 3,884 mt for 2018 and projected
maintaining that level for 2019 and 2020. This cap is not constraining
on the longfin fishery and reserves most of the available butterfish
quota for the directed butterfish fishery. The maximum amount of
butterfish discards in non-longfin fisheries from 2011-2013 was 637 mt.
The Council did not indicate that there is a need to revise this
estimate. Therefore, 4,521 mt (the 3,884-mt butterfish cap plus 637 mt
of discards) would be subtracted from the ACT, as recommended. Next,
the Council deducts an estimate of butterfish discards in the directed
fishery to calculate the DAH (i.e., commercial landings). Previous
analysis used an assumed discard rate of 11.4 percent. However, updated
analysis using more recent observed trips targeting butterfish (trips
that landed over 25,000 lb (9.33 mt) of butterfish) suggests that a
discard rate of 2.4 percent is more accurate. Using this updated
discard estimate results in a Council-recommended DAH of 12,093 mt in
2018, 20,061 mt in 2019, and 23,752 mt in 2020.
Current regulations require butterfish specifications to establish
a buffer to account for butterfish landings once the directed fishery
is closed and a 5,000-lb (2,268-kg) incidental limit is imposed. Based
on previous analysis, if such an incidental limit is implemented, less
than 700 mt of butterfish would be landed after the directed fishery is
closed. Therefore, the Council recommended closing the directed
butterfish fishery once 11,093 mt is caught in 2018, 19,061 mt is
caught in 2019, and 22,752 is caught in 2020. This would provide a
1,000-mt set aside in each year to account for incidental landings of
butterfish after a closure of the directed fishery.
NMFS proposes specifications, consistent with the Council's
recommendations, as outlined in Table 4. Because the Council did not
recommend any changes to the allocation of the butterfish mortality cap
on the longfin squid fishery, we also propose that the 2018-2020
butterfish mortality cap be allocated to Trimesters as follows:
Table 5--Proposed Trimester Allocation of Butterfish Mortality Cap on
the Longfin Squid Fishery for 2018 and Projected Allocations for 2019
and 2020
------------------------------------------------------------------------
Trimester Percent Metric tons
------------------------------------------------------------------------
I (Jan-Apr)................................ 43 1,670
II (May-Aug)............................... 17 660
III (Sep-Dec).............................. 40 1,554
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
Total.................................. 100 3,844
------------------------------------------------------------------------
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
provisions of the Magnuson-Stevens Act, and other applicable law,
subject to further consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866. This proposed rule is not expected
to be an Executiver Order 13771 regulatory action because this proposed
rule is not significant under Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The purpose, context, and statutory basis for this action is described
above and not repeated here. Business entities affected by this action
include vessels that are issued limited access longfin squid/butterfish
and Illex squid permits. Although vessels issued open access incidental
catch permits for these species are also potentially affected by this
action, because these vessels land only small amounts of squid and
butterfish and this action would not revise the amount of squid and
butterfish that these vessels can land, these entities would not be
affected by this proposed rule.
[[Page 58587]]
Any entity with combined annual fishery landing receipts less than
$11 million is considered a small entity based on standards published
in the Federal Register (80 FR 81194, December 29, 2015). In 2016, 298
separate vessels were issued longfin squid/butterfish and Illex squid
limited access permits. These vessels were owned by 222 entities, of
which 214 earned less and 8 earned more than $11 million in revenue.
Average revenue among all entities was $2.1 million in 2016. Therefore,
214 entities affected by this action are classified as small businesses
based on current definitions.
The existing Illex squid commercial landing limit would not be
changed by this proposed action, while the commercial longfin squid
landing limit would be slightly increased by 2 percent (487 mt).
Fishing revenue and, therefore, economic impacts of yearly squid
specifications depend upon species availability. In 2016, the longfin
squid fishery landed 81 percent of the 2016 commercial landing limit,
resulting in nearly $50 million in fishing revenue. The Illex squid
fishery landed just 29 percent of the 2016 commercial landing limit,
resulting in a value of $7.2 million, but landed 100 percent of the
2017 commercial limit as of September 15, 2017. If both fisheries fully
harvested proposed 2018 commercial landing limits, the longfin and
Illex squid fisheries could generate approximately $63 and $25 million
in fishing revenue, respectively, based on 2016 prices. Because this
action would essentially maintain existing landing limits, it imposes
no costs and is not expected to alter fishing behavior or resulting
revenues.
This action would reduce current commercial butterfish landing
limits in 2018 and 2019. Compared to the 2017 commercial butterfish
landing limit (20,652 mt), the proposed 2018 and projected 2019
commercial landing limits are 41 and 3 percent lower (12,093 mt and
20,061 mt, respectively), while the projected 2020 landing limit
(23,752 mt) is 15 percent higher. Since 2014, the butterfish fishery
has not landed more than 3,135 mt in any year. Recent landings peaked
at 4,435 mt in 2001, representing only 37 percent of the proposed quota
for 2018. Even at its peak, domestic landings reached 11,715 mt in
1984, which is still 3 percent shy of the proposed 2018 commercial
quota. It is possible for the fishery to substantially increase
butterfish landings compared to recent years without approaching the
reduced limits proposed in this action. Therefore, although the
proposed action would substantially reduce commercial butterfish
landing limits in 2018, such a reduction is unlikely to impede
commercial operations or reduce domestic butterfish landings from
recent levels. Based on 2016 prices, if the fishery fully harvested the
proposed 2018 commercial limit, it may generate nearly $17 million in
fishery revenue, which would be a 41-percent reduction from potential
revenue under landing limits consistent with 2017 landing limits.
However, because we expect the fishery to land much less than the
landing limit, these potential revenues are not realistic. Instead, we
expect that the fishery would maintain recent catch levels, which would
produce $2.3 million in fishing revenue based on average landings since
2012 and 2016 price estimates.
In determining the significance of the economic impacts of the
proposed action, we considered the following two criteria outlined in
applicable National Marine Fisheries Service guidance:
Disproportionality and profitability. The proposed measures would not
place a substantial number of small entities at a significant
competitive disadvantage to large entities; all entities affected by
this action would be equally affected. Accordingly, there are no
distributional economic effects from this action between small and
large entities. Proposed measures would not reduce fishing
opportunities based on recent squid and butterfish landings, change any
entity's access to these resources, or impose any costs to affected
entities. Therefore, it is unlikely that this action would reduce
revenues or profit for affected entities. Based on the above
justification, the proposed action is not expected to have a
significant economic impact on a substantial number of small entities.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 7, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
[FR Doc. 2017-26840 Filed 12-12-17; 8:45 am]
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