80 FR 48244 - Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Framework Adjustment 9

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 155 (August 12, 2015)

NMFS is implementing regulations consistent with Framework Adjustment 9 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan. This action will further enhance catch monitoring and address discarding catch before it has been sampled by observers (known as slippage) in the Atlantic mackerel fishery. Framework 9 implements slippage consequence measures, and a requirement that slippage events be reported via the vessel monitoring system. For allowable slippage events, due to safety, mechanical failure, or excess catch of spiny dogfish, vessels must move 15 nm (27.8 km) from the location of the slippage event. For non-allowable slippage events, due to reasons other than those listed previously, vessels must terminate their fishing trip. Slippage events have the potential to substantially affect analysis or extrapolations of incidental catch, including river herring and shad, and these measures are designed to address this issue.

[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Rules and Regulations]
[Pages 48244-48248]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19823]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 648

[Docket No. 150401329-5659-02]
RIN 0648-BF00


Fisheries of the Northeastern United States; Atlantic Mackerel, 
Squid, and Butterfish Fisheries; Framework Adjustment 9

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS is implementing regulations consistent with Framework 
Adjustment 9 to the Atlantic Mackerel, Squid, and Butterfish Fishery 
Management Plan. This action will further enhance catch monitoring and 
address discarding catch before it has been sampled by observers (known 
as slippage) in the Atlantic mackerel fishery. Framework 9 implements 
slippage consequence measures, and a requirement that slippage events 
be reported via the vessel monitoring system. For allowable slippage 
events, due to safety, mechanical failure, or excess catch of spiny 
dogfish, vessels must move 15 nm (27.8 km) from the location of the 
slippage event. For non-allowable slippage events, due to reasons other 
than those listed previously, vessels must terminate their fishing 
trip. Slippage events have the potential to substantially affect 
analysis or extrapolations of incidental catch, including river herring 
and shad, and these measures are designed to address this issue.

DATES: Effective September 11, 2015.

ADDRESSES: Copies of the framework document, including the 
Environmental Assessment (EA) and Regulatory Impact Review (RIR)/
Initial Regulatory Flexibility Analysis (IRFA), are available from: Dr. 
Christopher M. Moore, Executive Director, Mid-Atlantic Fishery 
Management Council, 800 North State Street, Suite 201, Dover, DE 19901, 
telephone (302) 674-2331. The framework document is also accessible via 
the Internet at: http://www.greateratlantic.fisheries.noaa.gov.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
final rule may be submitted to NMFS, Greater Atlantic Regional 
Fisheries Office and by email to [email protected], or fax to 
(202) 395-7285.

[[Page 48245]]


FOR FURTHER INFORMATION CONTACT: Carly Bari, Fishery Policy Analyst, 
(978) 281-9224.

SUPPLEMENTARY INFORMATION: 

Background

    NMFS implemented measures to improve catch monitoring of the 
mackerel, squid, and butterfish fisheries through Amendment 14 to the 
Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan (FMP) 
(79 FR 10029, February 24, 2014). The focus of Amendment 14 was to 
improve evaluation of the incidental catch of river herring (alewife 
and blueback herring) and shad (American shad and hickory shad), and to 
address incidental catch of river herring and shad. NMFS disapproved 
three measures that were initially included in Amendment 14 including: 
A dealer reporting requirement; a cap that, if achieved, would require 
vessels discarding catch before it had been sampled by observers (known 
as slippage) to return to port; and a recommendation of 100-percent 
observer coverage on midwater trawl vessels and 100-, 50-, and 25-
percent observer coverage on bottom trawl mackerel vessels, with the 
industry contributing $325 per day toward observer costs.
    Currently, through Amendment 14 regulations, slippage events are 
prohibited for vessels issued a limited access mackerel permit or a 
longfin squid/butterfish moratorium permit and carrying a NMFS-approved 
observer except in circumstances which allow slippage events including: 
Safety; mechanical failure; and excess catch of spiny dogfish. 
Additionally, following a slippage event, vessels are currently 
required to submit a Released Catch Affidavit within 48 hours of the 
end of the fishing trip. In response to the disapproval of the slippage 
measures in Amendment 14, the Mid-Atlantic Fishery Management Council 
developed Framework Adjustment 9 to the Atlantic Mackerel, Squid, and 
Butterfish FMP to further enhance catch monitoring and to address 
slippage in the Atlantic mackerel fishery. Framework 9, through this 
final rule, adds slippage consequence measures and slippage reporting 
requirements to build upon the current measures and to address 
monitoring the catch of river herring and shad. On May 19, 2015, NMFS 
published a proposed rule for Framework 9 management measures (80 FR 
28575); the public comment period for the proposed rule ended on June 
18, 2015.

Final Action

    Framework 9 requires Tier 1, 2, and 3 mackerel vessels on observed 
trips to move 15 nm (27.8 km) following an excepted slippage event, 
which includes safety, mechanical failure, or excess catch of spiny 
dogfish. These vessels are also required to terminate a fishing trip 
and immediately return to port following a non-excepted slippage event, 
which would be due to any reason other than those listed above. In 
addition to submitting a Released Catch Affidavit, vessels carrying an 
observer are required to report slippage events through the vessel 
monitoring system daily catch report for mackerel and longfin squid.

Comments and Responses

    NMFS received three 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 Seafreeze (a Rhode Island fishing company and seafood 
dealer). One comment was from the Herring Alliance, an environmental 
advocacy group.
    Comment 1: GSSA and Seafreeze both commented in opposition to the 
15-nm (27.8-km) move along provision for allowable slippage events. 
Both commenters suggested that this provision causes significant safety 
and economic implications and are not known to have a positive impact 
on the river herring resource. Seafreeze noted that the 15-nm (27.8-km) 
move along provision causes economic hardship because the vessel may 
have to move away from the targeted resource and lose the opportunity 
to harvest fish.
    Response: Due to low observer coverage in this fishery and the low 
rate of slippage events, very few trips would likely be impacted by 
this slippage consequence and therefore the economic impact of this 
provision would be minimal. Additionally, NMFS does not expect that 
moving 15 nm (27.8 km) following an allowable slippage event will by 
itself cause any safety concerns. If the net is slipped due to the 
safety of the crew, then the vessel would likely be going back to port 
or to another area to avoid the safety issue. The intent of the 
slippage consequence measures are to discourage slippage events in 
order to allow catch to be fully accounted for by observers, which will 
provide better information on river herring and shad.
    Comment 2: The Herring Alliance commented in support of all the 
proposed management measures but noted that these measures would be 
more effective if there is an increase in observer coverage in the 
Atlantic mackerel fishery.
    Response: NMFS will be implementing the Framework as proposed. NMFS 
and the Councils are currently developing additional measures to 
increase observer coverage in the Atlantic mackerel fishery.

Changes From the Proposed Rule

    This final rule contains an additional change that would reinstate 
regulations that were inadvertently removed. This reinstated 
regulation, at Sec.  648.24(b)(6), describes the river herring and shad 
catch cap in the Atlantic mackerel fishery. This change in the 
regulations was identified, described, and made available for public 
comment in the proposed rule for the 2014 Atlantic mackerel, squid, and 
butterfish specifications (79 FR 1813, January 10, 2014). The fishery 
is already operating under the river herring and shad cap, this rule is 
simply reinstating this regulatory text.
    This final rule also contains additional regulation changes that 
were mistakenly omitted in the 2015-2017 Atlantic mackerel, squid, and 
butterfish specifications final rule (80 FR 14870, March 20, 2015). One 
regulation change, in Sec.  648.14(g)(2)(ii)(G), would prohibit all 
vessels with a valid mackerel permit from fishing for, possessing, 
transferring, receiving, or selling more than 20,000 lb (9.08 mt) of 
mackerel per trip or per day after 95 percent of the river herring and 
shad catch cap has been harvested. Another regulation change, in 
Sec. Sec.  648.22(b)(3)(v)-(vii) and 648.24(c)(1), would eliminate the 
three-phased butterfish management season. These measures were 
identified, described, and made available for public comment in the 
proposed rule for the 2015-2017 Atlantic mackerel, squid, and 
butterfish specifications (79 FR 68202, November 14, 2014).
    This final rule also contains changes to the wording and format of 
the regulatory text for the measures included in Framework 9. This 
includes revising the definition of ``Slippage in the Atlantic mackerel 
and longfin squid fisheries'' in Sec.  648.2, as well as wording and 
format changes made to Sec. Sec.  648.11(n)(3) and 648.14(g)(2)(vi)-(x) 
to make consistent with proposed regulations for Framework Adjustment 4 
to the Atlantic Herring FMP which includes similar management measures 
to this action. All of these changes are intended to clarify the 
purpose of these measures and ensure compliance.

[[Page 48246]]

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), the NMFS 
Assistant Administrator (AA) has determined that this framework 
adjustment is consistent with the Atlantic Mackerel, Squid, and 
Butterfish FMP, other provisions of the Magnuson-Stevens Act, and other 
applicable law.
    The Council prepared an EA for Framework 9, 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 final rule is authorized by 50 CFR part 648 and has been 
determined to be not significant for purposes of Executive Order 12866.
    This action contains collection-of-information requirements subject 
to the paperwork Reduction Act (PRA) and which has been approved by OMB 
under control number 0648-0679. Framework 9 requires all limited access 
mackerel vessels carrying an observer to report all slippage events on 
the VMS mackerel and longfin squid daily catch report. This information 
collection is intended to improve monitoring the catch of river herring 
and shad in the Atlantic mackerel fishery. The burden estimates for 
these new requirements apply to all limited access mackerel vessels. 
Time and cost burdens that were previously approved through Amendment 
14 and OMB Control Number 0648-0679, include estimated time of 5 
minutes to complete daily catch reports, for a total time burden of 264 
hours. In a given fishing year, NMFS estimates that the additional 
reporting requirements included in Framework 9 will not cause any 
additional time or cost burden from that which was previously approved. 
Send comments regarding these burden estimates or any other aspect of 
this data collection, including suggestions for reducing the burden, to 
NMFS (see ADDRESSES) and by email to [email protected], or 
fax to (202) 395-7285.
    Notwithstanding any other provisions of the law, no person is 
required to, nor shall any person be subject to a penalty for failure 
to comply with, a collection of information subject to the requirements 
of the PRA, unless that collection of information displays a currently 
valid OMB Control Number. All currently approved NOAA collections of 
information may be viewed at: http://www.cio.noaa.gov/services_programs/prasubs.html.
    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 management measures in this action. 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, RIR, and the EA are available upon request (see 
ADDRESSES).

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

    Two of the public comments raised general concerns on the economic 
impact of the rule on affected entities, but did not quantify those 
concerns or relate these issues to the IRFA. Those comments, and NMFS's 
responses, are contained elsewhere in this preamble and are not 
repeated here. No changes were made in the final rule as a result of 
these comments.

Description and Estimate of Number of Small Entities to Which the Rule 
Will Apply

    This rule applies to Atlantic mackerel limited access permits. 
Based on permit data for 2013, 150 separate vessels hold mackerel 
limited access permits, 114 entities own those vessels, and, based on 
current Small Business Administration (SBA) definitions, 107 of these 
are small entities. Of the 107 small entities, 4 had no revenue in 2013 
and those entities with no revenue are considered small entities for 
the purpose of this analysis. All of the entities that had revenue fell 
into the finfish or shellfish categories, and the SBA definitions for 
those categories for 2014 are $20.5 million for finfish fishing and 
$5.5 million for shellfish fishing. Of the entities with revenues, 
their average revenues in 2013 were $1,201,419. 70 had primary revenues 
from finfish fishing and 33 had their primary revenues from shellfish 
fishing.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    This final rule contains collection-of-information requirements 
subject to the PRA that have been approved by the OMB under Control 
Number 0648-0679.
    Framework 9 requires all limited access mackerel vessels carrying 
an observer to report all slippage events on the VMS mackerel and 
longfin squid daily catch report. This information collection is 
intended to improve monitoring the catch of river herring and shad in 
the Atlantic mackerel fishery. The burden estimates for these new 
requirements apply to all limited access mackerel vessels. Time and 
cost burdens that were previously approved through Amendment 14 and OMB 
Control Number 0648-0679, include estimated time of 5 minutes to 
complete daily catch reports, for a total time burden of 264 hours, and 
estimated cost of $0.60 per transmission of daily catch reports, for a 
total public cost of $1,901. In a given fishing year, NMFS estimates 
that the additional reporting requirements included in Framework 9 will 
not cause any additional time or cost burden from that which was 
previously approved.

Description of the Steps the Agency Has Taken To Minimize the 
Significant Economic Impacts on Small Entities Consistent With the 
Stated Objectives of Applicable Statues

    This action is not expected to have more than minimal impact on the 
affected small entities compared to recent operation of the fishery 
(2011-2013, and 2014 landings to date appear similar to 2013). First, 
the primary impact should only be that vessels will not slip catches 
before observers have a chance to observe/sample them, which should 
have almost no economic impact on vessels. Slippage for reasons besides 
safety, mechanical issues, and spiny dogfish are already prohibited, 
and this proposed action would require vessels to move 15 nm (27.8 km) 
before fishing again if a slippage for those excepted reasons occurs 
(vessels could not fish within 15 nm (27.8 km) of the slippage event 
for the remainder of the trip). Total small entity mackerel revenues 
over 2011-2013 averaged $2.0 million, for an average of approximately 
$19,000 per affected small entity (107), compared to their average 
revenues of $1,201,419 in 2013 as described above. Given the small 
relative value of mackerel for most affected entities, the infrequency 
of slippage, and given the consequence of excepted slippages is only to 
move 15 nm (27.8 km), it seems likely that the economic impacts should 
be minimal for affected small entities. This is especially true since 
only a small portion of trips are observed, and the measures only apply 
to observed trips.
    If slippages have been masking higher river herring and shad 
landings, it is possible that prohibiting slippages

[[Page 48247]]

could lead to the mackerel fishery closing earlier (because of the 
river herring and shad cap) than it otherwise would if more slippages 
were occurring. However, given the very low mackerel catches in recent 
years (less than 20 percent of the quota), it is more likely that catch 
increases might be limited rather than actually having decreased 
catches, so small entities should not be more than minimally impacted 
compared to recent fishery operations. In addition, if vessels are 
prohibited from targeting mackerel due to the cap, they will likely 
partially mitigate any foregone revenue by fishing for other species 
(e.g. squid, butterfish, herring, etc.).

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: August 6, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 15 CFR part 902 and 50 CFR 
part 648 are amended as follows:

15 CFR Chapter IX

PART 902--NOAA INFORMATION COLLECTION REQUIREMENT UNDER THE 
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS

0
1. The authority citation for part 902 continues to read as follows:

    Authority: 44 U.S.C. 3501 et seq.


0
2. In Sec.  902.1, amend the table in paragraph (b), under the entry 
for ``50 CFR'' by revising the entry for ``Sec.  648.11'' to read as 
follows:


Sec.  902.1  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                              Current OMB  Control No.
 CFR part or section where the information  (all numbers begin with 0648-
     collection requirement is located                    )
------------------------------------------------------------------------
 
                                * * * * *
50 CFR
 
                                * * * * *
648.11....................................  -0202, -0546, -0555, and -
                                             0679
 
                                * * * * *
------------------------------------------------------------------------

50 CFR Chapter VI

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
3. The authority citation for part 648 continues to read as follows:

    Authority: 16 U.S.C. 1801 et seq.


0
4. In Sec.  648.2, the definition for ``Slippage in the Atlantic 
mackerel and longfin squid fisheries'' is removed and a definition for 
``Slip(s) or slipping catch in the Atlantic mackerel and longfin squid 
fisheries'' is added in alphabetical order to read as follows:


Sec.  648.2  Definitions.

* * * * *
    Slip(s) or slipping catch in the Atlantic mackerel and longfin 
squid fisheries means discarding catch from a vessel issued an Atlantic 
mackerel or longfin squid permit that is carrying a NMFS-approved 
observer prior to the catch being brought on board or prior to the 
catch being made available for sampling and inspection by a NMFS-
approved observer after the catch in onboard. Slip(s) or slipping catch 
includes releasing fish from a codend or seine prior to the completion 
of pumping the fish on board and the release of fish from a codend or 
seine while the codend or seine is in the water. Slippage or slipped 
catch refers to fish that are slipped. Slippage or slipped catch does 
not include operational discards, discards that occur after the catch 
is brought on board and made available for sampling and inspection by a 
NMFS-approved observer, or fish that inadvertently fall out of or off 
fishing gear as gear is being brought on board the vessel.
* * * * *

0
5. In Sec.  648.11, paragraphs (n)(3)(i) introductory text, 
(n)(3)(i)(B), and (n)(3)(ii) are revised and paragraphs (n)(3)(iii) and 
(iv) are added to read as follows:


Sec.  648.11  At-sea sea sampler/observer coverage.

* * * * *
    (n) * * *
    (3) * * *
    (i) No vessel issued a limited access Atlantic mackerel permit or a 
longfin squid/butterfish moratorium permit may slip catch, as defined 
at Sec.  648.2, except in the following circumstances:
* * * * *
    (B) A mechanical failure, including gear damage, precludes bringing 
some or all of the catch on board the vessel for sampling and 
inspection; or
* * * * *
    (ii) If a vessel issued any limited access Atlantic mackerel permit 
slips catch, the vessel operator must report the slippage event on the 
Atlantic mackerel and longfin squid daily VMS catch report and indicate 
the reason for slipping catch. Additionally, vessels issued a limited 
Atlantic mackerel permit or a longfin squid/butterfish moratorium 
permit, the vessel operator must complete and sign a Released Catch 
Affidavit detailing: The vessel name and permit number; the VTR serial 
number; where, when, and the reason for slipping catch; the estimated 
weight of each species brought on board or slipped on that tow. A 
completed affidavit must be submitted to NMFS within 48 hr of the end 
of the trip.
    (iii) If a vessel issued a limited access Atlantic mackerel permit 
slips catch for any of the reasons described in paragraph (n)(3)(i) of 
this section, the vessel operator must move at least 15 nm (27.8 km) 
from the location of the slippage event before deploying any gear 
again, and must stay at least 15 nm (27.8 km) from the slippage event 
location for the remainder of the fishing trip.
    (iv) If catch is slipped by a vessel issued a limited access 
Atlantic mackerel permit for any reason not described in paragraph 
(n)(3)(i) of this section, the vessel operator must immediately 
terminate the trip and return to port. No fishing activity may occur 
during the return to port.

0
6. In Sec.  648.14, paragraph (g)(2)(ii)(G) is added, paragraphs 
(g)(2)(vi) and (vii) are revised, and paragraphs (g)(2)(viii), (ix), 
and (x) are added to read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (g) * * *
    (2) * * *
    (ii) * * *
    (G) Fish for, possess, transfer, receive, or sell; or attempt to 
fish for, possess, transfer, receive, or sell; more than 20,000 lb 
(9.08 mt) of mackerel per trip; or land, or attempt to land more than 
20,000 lb (9.08 mt) of mackerel per day after 95 percent of the river 
herring and shad cap has been harvested, if the vessel holds a valid 
mackerel permit.
* * * * *
    (vi) Slip catch, as defined at Sec.  648.2, unless for one of the 
reasons specified

[[Page 48248]]

at Sec.  648.11(n)(3)(i) if issued a limited access Atlantic mackerel 
permit, or a longfin squid/butterfish moratorium permit.
    (vii) For vessels with a limited access Atlantic mackerel permits, 
fail to move 15 nm (27.8 km), as required by Sec.  648.11(n)(3)(iii).
    (viii) For vessels with a limited access Atlantic mackerel permit, 
fail to immediately return to port as required by Sec.  
648.11(n)(3)(iv).
    (ix) Fail to complete, sign, and submit a Released Catch Affidavit 
if fish are released pursuant to the requirements at Sec.  
648.11(n)(3)(ii).
    (x) Fail to report or fail to accurately report a slippage event on 
the VMS mackerel and longfin squid daily catch report, as required by 
Sec.  648.11(n)(3)(ii).
* * * * *

0
7. In Sec.  648.22, paragraphs (b)(3)(v) through (vii) are revised and 
(b)(3)(viii) is removed.
    The revisions read as follows:


Sec.  648.22  Atlantic mackerel, squid, and butterfish specifications.

* * * * *
    (b) * * *
    (3) * * *
    (v) The butterfish mortality cap will be based on a portion of the 
ACT (set annually during specifications) and the specified cap amount 
will be allocated to the longfin squid fishery as follows: Trimester 
I--43 percent; Trimester II--17 percent; and Trimester III--40 percent.
    (vi) Any underages of the cap for Trimester I that are greater than 
25 percent of the Trimester I cap will be reallocated to Trimester II 
and III (split equally between both trimesters) of the same year. The 
reallocation of the cap from Trimester I to Trimester II is limited, 
such that the Trimester II cap may only be increased by 50 percent; the 
remaining portion of the underage will be reallocated to Trimester III. 
Any underages of the cap for Trimester I that are less than 25 percent 
of the Trimester I quota will be applied to Trimester III of the same 
year. Any overages of the cap for Trimester I and II will be subtracted 
from Trimester III of the same year.
    (vii) Performance review. The Squid, Mackerel, and Butterfish 
Committee shall conduct a detailed review of fishery performance 
relative to the butterfish ACL in conjunction with review for the 
mackerel fishery, as outlined in this section.
* * * * *

0
8. In Sec.  648.24, paragraph (b)(6) is added and paragraphs (c)(1)(i) 
through (iii) are removed.
    The revisions read as follows:


Sec.  648.24  Fishery closures and accountability measures.

* * * * *
    (b) * * *
    (6) River herring and shad catch cap. The river herring and shad 
cap on the mackerel fishery applies to all trips that land more than 
20,000 lb (9.08 mt) of mackerel. NMFS shall close the directed mackerel 
fishery in the EEZ when the Regional Administrator project that 95 
percent of the river herring/shad catch cap has been harvested. 
Following closures of the directed mackerel fishery, vessels must 
adhere to the possession restrictions specified in Sec.  648.26.
* * * * *
[FR Doc. 2015-19823 Filed 8-11-15; 8:45 am]
BILLING CODE 3510-22-P