[Federal Register Volume 62, Number 38 (Wednesday, February 26, 1997)]
[Rules and Regulations]
[Pages 8636-8637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4779]
[[Page 8636]]
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DEPARTMENT OF COMMERCE
50 CFR Part 648
[Docket No. 961125328-7032-02; I.D. 103196B]
RIN 0648-AJ06
Fisheries of the Northeastern United States; Amendment 6 to the
Fishery Management Plan for the Atlantic Mackerel, Squid, and
Butterfish Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues this rule to implement measures contained in
Amendment 6 to the Fishery Management Plan for the Atlantic Mackerel,
Squid, and Butterfish Fisheries (FMP). Amendment 6 establishes measures
to prevent overfishing of the Atlantic squids and butterfish, allow for
seasonal restrictions in the Illex squid fishery to improve yield per
recruit, change the closure trigger for these species from 80 percent
to 95 percent of the domestic annual harvest (DAH), and revise bycatch
trip limits after closure.
EFFECTIVE DATE: March 28, 1997.
ADDRESSES: Copies of Amendment 6, the environmental assessment,
regulatory impact review, and other supporting documents are available
upon request from David R. Keifer, Executive Director, Mid-Atlantic
Fishery Management Council, Room 2115, Federal Building, 300 South New
Street, Dover, DE 19904-6790.
FOR FURTHER INFORMATION CONTACT: David M. Gouveia, Fishery Management
Specialist, 508-281-9280.
SUPPLEMENTARY INFORMATION:
Background
This final rule implements measures in Amendment 6 to the FMP to
prevent overfishing of the Atlantic squids and butterfish, allow for
seasonal restrictions in the Illex squid fishery to improve yield per
recruit, and change the closure trigger for these species from 80
percent to 95 percent of the DAH. Amendment 6 also revises the trip
limits on bycatch of these species when a fishery is closed. Background
concerning the development of Amendment 6 was provided in the notice of
proposed rulemaking (December 9, 1996, 61 FR 64852), and is not
repeated here. That notice provided a public comment period that
concluded on January 21, 1997. No comments were received on the
proposed rule.
Overfishing Definitions
Illex illecebrosus
Overfishing for Illex is defined to occur when the catch associated
with a threshold fishing mortality rate (F) of F20 is exceeded.
F20 is defined as the F that results in 20 percent of the maximum
spawning potential (MSP) of the stock. This means that 20 percent of
the maximum spawning biomass would remain in the population compared to
an unfished population. For Illex, this overfishing definition would
equate roughly to F=0.28, or an annual rate of removal of about 22
percent from the population due to fishing.
Maximum optimum yield (max OY) will also be specified as the catch
that would result from F20. To ensure that the overfishing F level
is not closely approached, the annual quota would be specified to
correspond to a target F of F50. F50 is defined as the F that
results in 50 percent of the MSP of the stock. This means that 50
percent of the spawning biomass would remain in the population compared
to an unfished population. For Illex, this would equate roughly to
F=0.11, and to an annual rate of removal of about 8 or 9 percent from
the population due to fishing. Approval of Amendment 6 means that the
annual specification of max OY is revised to 24,000 mt.
Loligo pealei
Overfishing for Loligo is defined to occur when the catch
associated with a threshold F of Fmax is exceeded. Fmax is
the F that results in the maximum yield per recruit. For Loligo, this
overfishing threshold would equate roughly to F=0.36, and to an annual
rate of removal of about 27 percent from the population due to fishing.
Max OY will also be specified as the catch that would result from
fishing at Fmax. To ensure that the overfishing threshold is not
closely approached, the annual quota would be specified to correspond
to a target F of F50. For Loligo, this would equate roughly to
F=0.13, and to an annual rate of removal of about 1 percent from the
population due to fishing. Approval of Amendment 6 means the annual
specification of max OY is revised to 26,000 mt.
Atlantic Butterfish
Because current estimates of F are unreliable, Stock Assessment
Workshop (SAW) 21 recommended amending the existing overfishing
definition to take a more conservative (lower risk) approach.
Overfishing is now defined as occurring when the 3-year moving average
of pre-recruits from the Northeast Fisheries Science Center's autumn
bottom trawl survey (mid-Atlantic to Georges Bank) falls within the
lowest quartile of the time series, or when landings exceed a level
that would result from a threshold F of FMSY. Max OY is specified
as the catch level that would result from fishing at FMSY. Thus,
when an estimate of F is available, it will be incorporated as a
management tool. FMSY is the F that results in the maximum
sustainable yield.
Other Measures
In addition to defining overfishing, Amendment 6 specifies that, in
order to prevent the DAH from being exceeded, the directed fisheries
for these species will be closed when 95 percent of the DAH is
projected to be taken. During the closure, any vessel of the United
States can retain up to 2,500 lb (1.13 mt) of Loligo or butterfish and
up to 5,000 lb (2.27 mt) of Illex.
Amendment 6 also contains a provision that will allow seasonal
quotas to be specified annually for Illex. The FMP currently provides
that seasonal quotas can be specified for Loligo only. This measure
will provide a mechanism that could be used to delay the opening of the
Illex season and increase yield, since the animals will be given more
time to grow before they are harvested. The seasonal closure will be
implemented on an annual basis through the Monitoring Committee process
specified in the FMP.
Classification
NMFS has determined that this rule is consistent with the national
standards, other provisions of the Magnuson-Stevens Fishery
Conservation and Management Act, and other applicable laws.
This final rule has been determined to be not significant for
purposes of E.O. 12866.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this rule will not have a
significant economic impact on a substantial number of small entities.
The reasons were discussed in the proposed rule published in the
Federal Register on December 9, 1996 (61 FR 64852) and are not repeated
here. No comments were received regarding certification. As a result, a
regulatory flexibility analysis was not prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
[[Page 8637]]
Dated: February 20, 1997.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, 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 [AMENDED]
1. The authority citation for part 648 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 648.20, paragraphs (b) through (d) are revised to read
as follows:
Sec. 648.20 Maximum optimum yield (OYs).
* * * * *
(b) Loligo--the catch associated with a fishing mortality rate of
Fmax.
(c) Illex --the catch associated with a fishing mortality rate of
F20.
(d) Butterfish--the catch associated with a fishing mortality rate
of FMSY.
3. In Sec. 648.21, paragraph (c)(5) is revised to read as follows:
Sec. 648.21 Procedures for determining initial annual amounts.
* * * * *
(c) * * *
(5) Commercial seasonal quotas/closures for Loligo and Illex.
* * * * *
4. In Sec. 648.22, paragraphs (a) and (c) are revised to read as
follows:
Sec. 648.22 Closure of the fishery.
(a) General. The Assistant Administrator shall close the directed
mackerel fishery in the EEZ when U.S. fishermen have harvested 80
percent of the DAH of that fishery if such closure is necessary to
prevent the DAH from being exceeded. The closure shall remain in effect
for the remainder of the fishing year, with incidental catches allowed
as specified in paragraph (c) of this section, until the entire DAH is
attained. When the Regional Director projects that DAH will be attained
for mackerel, the Assistant Administrator shall close the mackerel
fishery in the EEZ, and the incidental catches specified for mackerel
in paragraph (c) of this section will be prohibited. The Assistant
Administrator shall close the directed fishery in the EEZ for Loligo,
Illex, or butterfish when 95 percent of DAH has been harvested. The
closure of the directed fishery shall be in effect for the remainder of
the fishing year with incidental catches allowed as specified in
paragraph (c) of this section.
* * * * *
(c) Incidental catches. During the closure of the directed fishery
for mackerel, the trip limit for mackerel is 10 percent by weight of
the total amount of fish on board. During a period of closure of the
directed fishery for Loligo, Illex, or butterfish, the trip limit for
Loligo and butterfish is 2,500 lb (1.13 mt) each, and the trip limit
for Illex is 5,000 lb (2.27 mt).
[FR Doc. 97-4779 Filed 2-25-97; 8:45 am]
BILLING CODE 3510-22-F
