National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
Final rule; specifications for 2001.
NMFS issues final specifications for the 2001 fishing year for Atlantic mackerel, squid, and butterfish (MSB). This action also allocates the domestic annual harvest for
Effective March 2, 2001, except that the quotas for
Send comments on any ambiguity or unnecessary complexity arising from the language used in this final rule to Patricia A. Kurkul, Regional Administrator, Northeast Region, National Marine Fisheries Service, One Blackburn Drive, Gloucester, MA 01930–2298. ÿ09
Copies of supporting documents, including the Environmental Assessment(EA), Regulatory Impact Review (RIR), Final Regulatory Flexibility Analysis (FRFA) and the Essential Fish Habitat Assessment, are available from Patricia A. Kurkul (see previous address). The EA/RIR/FRFA is accessible via the Internet at http://www.nero.gov/ro/doc/nr.htm.
Paul H. Jones, Fishery Policy Analyst, 978-281-9273, fax 978-281-9135, e-mail paul.h.jones@noaa.gov.
Regulations implementing the FMP require NMFS to publish annual specifications for maximum optimum yield (Max OY), allowable biological catch (ABC), initial optimum yield (IOY), domestic annual harvest (DAH), domestic annual processing (DAP), joint venture processing (JVP), and total allowable levels of foreign fishing (TALFF) for the species managed under the FMP. ÿ09
Proposed 2001 initial specifications were published on December 5, 2000 (65 FR 75912). Public comments were requested through January 4, 2001. The final specifications are unchanged from those that were proposed. A complete discussion of the specifications appears in the preamble to the proposed rule and is not repeated here.
The following table contains the final specifications for the 2001 MSB fisheries as recommended by the Mid-Atlantic Fishery Management Council (Council).
This final rule specifies an Atlantic mackerel JVP of 20,000 mt for the 2001 fishery, with a possible increase of up to 10,000 mt (for a total JVP of up to 30,000 mt) later in the fishing year, should additional applications for JVP be received. This adjustment would be made through publication of a notification in the
A TALFF of 3,000 mt is specified for the 2001 Atlantic mackerel fishery. Several foreign nations have expressed their interest in JVP, with two applications already submitted by Lithuania and the Russian Federation. A permit would only authorize a foreign vessel to harvest TALFF when U.S. vessels are unable to deliver product to foreign JV catcher/processor vessels for a period of time due to events such as bad weather. ÿ09
When setting TALFF specifications for the 2001 Atlantic mackerel fishery, the Council also recommended conditions and restrictions for JVs and TALFF allocations. Those recommendations include: (1) Allowing JVs south of 37°30′ N. lat., but restricting river herring incidental catch to no more than 0.25 percent of the over-the-side transfers of Atlantic mackerel; (2) prohibiting directed foreign fishing for Atlantic mackerel south of 37° 30′ N. lat., prohibiting directed foreign fishing for Atlantic mackerel landward of a line 20 nautical miles from shore north of 37° 30′ N. lat., and specifying no TALFF for river herring; (3) ensuring, through the Administrator, Northeast Region, NMFS (Regional Administrator), that impacts on marine mammals are reduced in the prosecution of the Atlantic mackerel fishery; (4) allowing the mackerel optimum yield (OY) to be increased during the year, provided the total does not exceed 347,000 mt; (5) allowing the review of applications from a particular nation for a Atlantic mackerel JV or TALFF allocation for 2001 to include an evaluation by the Regional Administrator of that nation's performances relative to purchase obligations for previous years; (6) releasing 50 percent of the foreign nation’s TALFF allotment upon approval of an application for TALFF and releasing additional TALFF only when the foreign participant has purchased 25 percent of the JVP allotment to that nation, while specifying no purchase ratios; (7) requiring foreign fishing vessels (FFVs) purchasing JVP-caught fish from contracted U.S. vessels to cease directed fishing and take the transfer from the U.S. vessel as soon as practicable if a FFV engaged in directed fishing is approached by a contracted U.S. vessel; (8) authorizing no in-season adjustment in TALFF (i.e., TALFF not to exceed 3,000 mt), unless the Regional Administrator, in consultation with the Council, determines that it is appropriate to increase IOY to provide additional TALFF, provided the TALFF does not exceed a cap of 5,000 mt; and (9) limiting directed foreign fishing for Atlantic mackerel to the use of mid-water trawl gear. The Council recommended these conditions and restrictions to strictly control any
This final rule specifies a
Regulations promulgated under Amendment 5 to the FMP eliminated the possibility of JVP or TALFF specifications for butterfish, except for a bycatch TALFF specification if TALFF is specified for Atlantic mackerel. Because this final rule allows for an Atlantic mackerel TALFF allocation, a 3 mt bycatch TALFF for butterfish has been specified. If the Regional Administrator, in consultation with of the Council, determines that it is appropriate to increase the specified TALFF of 3,000 mt for Atlantic mackerel, then the specified TALFF of 3 mt for butterfish also will be increased. The Regional Administrator may increase the TALFF for Atlantic mackerel by up to 2000 mt and may increase the TALFF for butterfish by up to 1 mt (A butterfish TALFF of 4 mt is equal to 0.08 percent of an Atlantic mackerel TALFF of 5000 mt, as described at § 648.21(b)(3)(ii). ÿ09
Fifty-two comments were received on the proposed specifications from the public during the comment period that ended on January 4, 2001. Specific comments related to the proposed annual specifications and regulations are discussed and responded to as follows: ÿ09
This final rule has been determined to be not significant for purposes of Executive Order 12866. ÿ09
NMFS prepared a FRFA for this action. A copy of the FRFA is available from NMFS (see
A description of the reasons why action by the agency is being taken and the objectives of this final rule are explained in the preamble to the proposed rule and are not repeated here. This action does not contain any collection-of-information, reporting, recordkeeping, or other compliance requirements. It does not duplicate, overlap, or conflict with any other Federal rules. This action is taken under authority of the Magnuson-Stevens Act and regulations at 50 CFR part 648. ÿ09
Fifty-two comments were submitted on the proposed rule, but none of them were specific to the initial regulatory flexibility analysis. However, 10 commenters responded to the economic impacts of the measures on of fishing industry, and NMFS addressed those comments (1, 2, and 5) in the Comments and Responses section of the preamble to the final rule. No changes were made to the final rule as a result of these comments received. ÿ09
There are 475
If the final 2001 DAH specification for
The first alternative action for Atlantic mackerel would be to set the 2001 specifications at the same level as 2000, with DAP at 50,000 mt and JVP at 10,000 mt. Although it was rejected as inconsistent with the FMP because it would not meet the policy objectives of the Council relative to further development of the U.S. domestic harvest of Atlantic mackerel, this alternative would place no constraints, and consequently no revenue impacts, on the fishery. ÿ09
The second alternative for mackerel would be to set ABC at the long-term potential catch, or 150,000 mt, with DAP at 50,000 mt and JVP at 20,000 mt. This alternative was found inconsistent with the FMP because it would not allow for variations and contingencies in the status of the stock. For example, the current adult stock was recently estimated to exceed 2.1 million mt. The specification of ABC at LTPC would effectively result in an exploitation rate of only about 6 percent, well below the optimal level of exploitation. The level of foregone yield under this alternative was considered unacceptable and would not impact the IOY specifications. ÿ09
The third alternative for mackerel would be to lower the specification of IOY to 68,000 mt and eliminate JVP, resulting in a DAP of 50,000 mt. This alternative would not constrain the fishery and would have no impact on revenues of participants in this fishery. ÿ09
For
For
Alternatives for butterfish would be a DAH, OY, and Max OY of 16,000 mt, and a DAH and OY of 10,000 mt. These specifications would not constrain or impact the industry; however, they would lead to overfishing of the stock, and, thus, were rejected by the Council. ÿ09
Because this final rule only establishes either year-long or seasonal quotas for the managed species to be used for the sole purpose of closing the fishery when the quotas are reached and does not establish any requirements for which a regulatory entity must come into compliance, it is unnecessary to delay for 30 days the effective date of this final rule. Therefore, the Assistant Administrator for Fisheries, NOAA, under 5 U.S.C. 553(d)(3), finds good cause not to delay the effective date of this final rule. ÿ09
NMFS determined that this final rule will be implemented in a manner that is consistent, to the maximum extent practicable, with the approved coastal management programs of Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia and Florida. Concurrence in consistency was submitted by the responsible state agencies of Massachusetts, Rhode Island, Connecticut, New Jersey (
The President has directed Federal agencies to use plain language in their communications with the public including regulations. To comply with this directive, we seek public comment on any ambiguity or unnecessary complexity arising from the language used in this final rule. Such comments should be sent to the Northeast Regional Administrator (see
Fisheries, Fishing, Reporting and recordkeeping requirements.
16 U.S.C. 1801
(e)
(2) Beginning January 1, 2001, any overages of commercial quota landed from Quarter I will be subtracted from Quarter III and any overages of commercial quota landed from Quarter II will be subtracted from Quarter IV.
(a)