83_FR_35747 83 FR 35602 - Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Amendment 20 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan

83 FR 35602 - Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Amendment 20 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 145 (July 27, 2018)

Page Range35602-35603
FR Document2018-15970

NMFS announces that the Mid-Atlantic Fishery Management Council has submitted Amendment 20 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan to the Secretary of Commerce for review and approval. We are requesting comments from the public on this amendment. This action is necessary to prevent the reactivation of latent effort in the longfin squid fishery, preserve economic opportunities for more recently active participants in the longfin squid fishery, avoid overharvest during Trimester II (May-August) of the longfin squid fishery, and reduce potential negative impacts on inshore spawning longfin squid aggregations and egg mops. The Mid- Atlantic Fishery Management Council intends that these proposed measures would promote the sustainable utilization and conservation of the squid and butterfish resources, while promoting the sustained participation of fishing communities and minimizing adverse economic impacts on such communities.

Federal Register, Volume 83 Issue 145 (Friday, July 27, 2018) 
[Federal Register Volume 83, Number 145 (Friday, July 27, 2018)]
[Proposed Rules]
[Pages 35602-35603]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15970]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

RIN 0648-BH16


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Amendment 20 
to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan

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

ACTION: Announcement of availability of fishery management plan 
amendment; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS announces that the Mid-Atlantic Fishery Management 
Council has submitted Amendment 20 to the Atlantic Mackerel, Squid, and 
Butterfish Fishery Management Plan to the Secretary of Commerce for 
review and approval. We are requesting comments from the public on this 
amendment. This action is necessary to prevent the reactivation of 
latent effort in the longfin squid fishery, preserve economic 
opportunities for more recently active participants in the longfin 
squid fishery, avoid overharvest during Trimester II (May-August) of 
the longfin squid fishery, and reduce potential negative impacts on 
inshore spawning longfin squid aggregations and egg mops. The Mid-
Atlantic Fishery Management Council intends that these proposed 
measures would promote the sustainable utilization and conservation of 
the squid and butterfish resources, while promoting the sustained 
participation of fishing communities and minimizing adverse economic 
impacts on such communities.

DATES: Comments must be received on or before September 25, 2018.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2017-0110, 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-2017-0110, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Michael Pentony, Regional Administrator, NMFS, 
Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, 
Gloucester, MA 01930. Mark the outside of the envelope, ``Comments on 
Amendment 20.''
    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).

[[Page 35603]]

    The Council prepared an environmental assessment (EA) for Amendment 
20 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management 
Plan (FMP) that describes the proposed action and other alternatives 
considered and provides a thorough analysis of the impacts of the 
proposed measures and alternatives considered. Copies of Amendment 20, 
including the EA, the Regulatory Impact Review, and the Regulatory 
Flexibility Act analysis, are available from: Christopher Moore, 
Executive Director, Mid-Atlantic Fishery Management Council, Suite 201, 
800 State Street, Dover, DE 19901. The EA and associated analysis is 
accessible via the internet at: http://www.mafmc.org/s/Squid-Amendment-Draft-EA.pdf.

FOR FURTHER INFORMATION CONTACT: Douglas Christel, Fishery Policy 
Analyst, (978) 281-9141.

SUPPLEMENTARY INFORMATION:

Background

    In 1995, the Mid-Atlantic Fishery Management Council (Council) 
adopted a limited access permit system for longfin squid and butterfish 
as part of Amendment 5 to the Atlantic Mackerel, Squid, and Butterfish 
FMP (April 2, 1996; 61 FR 14465). Under Amendment 5, NMFS issued 
longfin squid/butterfish moratorium permits to vessels that landed a 
minimum amount of either species during a specified qualification 
period. Since then, the number of vessels landing longfin squid has 
decreased, with a relatively small portion of vessels issued longfin 
squid/butterfish moratorium permits landing the majority of longfin 
squid in recent years. The Council is concerned that unused longfin 
squid/butterfish moratorium permits could be activated, which could 
lead to excessive fishing effort and bycatch of both longfin squid and 
non-target species. This could cause negative biological impacts to 
these species. In addition, this increased effort could increase the 
race to fish and reduce access to available longfin squid quota by 
vessels with a continuous history of landings in recent years. 
Therefore, the Council developed Amendment 20 to consider the 
appropriate number of vessels in the directed and incidental longfin 
squid fishery and design appropriate measures to prevent unanticipated 
increases in fishing effort. The proposed measures described below 
could help prevent a race to fish, frequent and disruptive fishery 
closures, and reduced fishing opportunities for vessels that are more 
recently dependent upon longfin squid.
    Longfin squid spawning occurs year round, but is most frequently 
observed inshore during the late spring through early fall. Spawning 
aggregations and associated egg masses (mops) that are attached to the 
bottom are vulnerable to bottom fishing activities during the summer 
months when longfin squid are easily accessible to the fishery in large 
concentrations. In 2007, the Council implemented reduced quotas during 
summer months (May through August, or Trimester II) as part of the 
trimester quota system (January 30, 2007; 71 FR 4211). The Council 
developed the trimester quota system to improve the monitoring and 
management of the longfin squid fishery and prevent allowable quotas 
from being exceeded. Once a trimester quota has been caught, possession 
limits are reduced to incidental levels for all longfin squid permits. 
The FMP currently includes a possession limit of 2,500 lb (1,134 kg) 
per trip for incidental permits and when the directed fishery has 
closed. However, this incidental limit has allowed vessels to continue 
to land large amounts of longfin squid even after the directed fishery 
is closed, which contributed to the Trimester II quota being exceeded 
by large amounts in several years. The Council is concerned that 
excessive fishing effort inshore during Trimester II could negatively 
impact the stock, interrupting spawning activity, increasing the 
mortality of squid eggs, and reducing future recruitment. Measures 
developed by the Council under this action are intended to reevaluate 
the management of longfin squid during Trimester II primarily to reduce 
impacts to spawning squid and egg mops.
    The purpose of Amendment 20 is to optimize management measures in 
the squid fisheries by reducing latent (unused) effort in the longfin 
squid fishery and adjusting the management of the longfin squid fishery 
during Trimester II (May through August) to avoid overharvesting the 
longfin squid resource. Although the Council considered reducing the 
number of Illex squid moratorium permits in the fishery, the Council 
decided a reduction in the number of Illex moratorium permits was not 
appropriate at this time given low Illex landings and limited vessel 
participation in the fishery in recent years. Measures proposed under 
this action would promote the sustainable utilization and conservation 
of the longfin squid and butterfish resources, while promoting the 
sustained participation of fishing communities and minimizing adverse 
economic impacts on such communities. If approved, Amendment 20 would:
    1. Separate butterfish from the current longfin/butterfish 
moratorium permit to create a new butterfish moratorium permit and a 
separate longfin squid moratorium permit;
    2. Reissue longfin squid moratorium permits to vessels that landed 
at least 10,000 lb (4,536 kg) of longfin squid in any year from 1997-
2013;
    3. Create a new longfin squid moratorium permit with a 5,000 lb 
(2,268 kg) possession limit for vessels that have not landed at least 
10,000 lb (4,536 kg) of longfin squid in any year from 1997-2013;
    4. Create a new longfin squid incidental moratorium permit to 
enable vessels to continue to land 2,500 lb (1,134 kg) of longfin squid 
per trip;
    5. Allow individual entities issued multiple longfin squid 
moratorium permits a one-time opportunity to swap such permits among 
their vessels; and
    6. Reduce the longfin squid possession limit from 2,500 lb (1,134 
kg) to 250 lb (113 kg) for squid/butterfish incidental catch permits 
and for all longfin squid permits after the Trimester II longfin squid 
quota is landed.
    NMFS seeks public comments on Amendment 20 and its incorporated 
documents through the end of the comment period specified in the DATES 
section of this notice of availability (NOA). Concurrent with NMFS's 
review of the amendment under the Magnuson-Stevens Act procedures, NMFS 
may publish a rule proposing to implement measures outlined in this 
amendment in the Federal Register for public comment. All comments 
received by the end of the comment period on the NOA, whether 
specifically directed to the NOA or the proposed rule, will be 
considered in the approval/disapproval decision. NMFS will not consider 
comments received after the end of the comment period for the NOA in 
the approval/disapproval decision of this action.

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

    Dated: July 23, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-15970 Filed 7-26-18; 8:45 am]
BILLING CODE 3510-22-P

35602 Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Proposed Rules tournament that bestows points, prizes, may be bled and the viscera may be ACTION: Announcement of availability of or awards for Atlantic sharks must removed. fishery management plan amendment; deploy only non-offset, corrodible circle * * * * * request for comments. hooks when fishing for, retaining, ■ 7. In § 635.71, revise paragraphs possessing, or landing sharks, except (d)(22), (23), (27), (28), and (29) to read SUMMARY: NMFS announces that the when fishing with flies or artificial as follows: Mid-Atlantic Fishery Management lures. Council has submitted Amendment 20 (2) A person on board a vessel that § 635.71 Prohibitions. to the Atlantic Mackerel, Squid, and has been issued or is required to be * * * * * Butterfish Fishery Management Plan to issued an HMS Angling permit with a (d) * * * the Secretary of Commerce for review shark endorsement or a person on board (22) Except when fishing only with and approval. We are requesting a vessel with an HMS Charter/Headboat flies or artificial lures, fish for, retain, comments from the public on this permit with a shark endorsement must possess, or land sharks without amendment. This action is necessary to deploy only non-offset, corrodible circle deploying non-offset, corrodible circle prevent the reactivation of latent effort hooks when fishing for, retaining, hooks when fishing at a registered in the longfin squid fishery, preserve possessing, or landing, except when recreational HMS fishing tournament economic opportunities for more fishing with flies or artificial lures. that has awards or prizes for sharks, as recently active participants in the specified in § 635.21(f) and (k). longfin squid fishery, avoid overharvest * * * * * (23) Except when fishing only with during Trimester II (May–August) of the ■ 5. In § 635.24, remove paragraphs flies or artificial lures, fish for, retain, longfin squid fishery, and reduce (a)(4)(v) and (vi), lift the suspension for possess, or land sharks without potential negative impacts on inshore paragraphs (a)(4)(i) and (iii), and revise deploying non-offset, corrodible circle spawning longfin squid aggregations paragraphs (a)(4)(i) and (iii) to read as hooks when issued an Atlantic HMS and egg mops. The Mid-Atlantic Fishery follows: Angling permit or HMS Charter/ Management Council intends that these § 635.24 Commercial retention limits for Headboat permit with a shark proposed measures would promote the sharks, swordfish, and BAYS tunas. endorsement, as specified in § 635.21(f) sustainable utilization and conservation * * * * * and (k). of the squid and butterfish resources, (a) * * * while promoting the sustained * * * * * (4) * * * participation of fishing communities (27) Retain, land, or possess a shortfin (i) A person who owns or operates a and minimizing adverse economic mako shark that was caught with gear vessel that has been issued a directed impacts on such communities. other than pelagic longline gear as shark LAP may retain, possess, or land specified at § 635.21(a). DATES: Comments must be received on pelagic sharks if the pelagic shark (28) Retain, land, or possess a shortfin or before September 25, 2018. fishery is open per §§ 635.27 and mako shark that was caught with pelagic ADDRESSES: You may submit comments 635.28. Shortfin mako sharks may only longline gear and was alive at haulback on this document, identified by NOAA– be retained by persons using pelagic as specified at § 635.21(c)(1). NMFS–2017–0110, by any of the longline gear, and only if each shark is (29) As specified at § 635.21(c)(1), following methods: dead at the time of haulback per retain, land, or possess a shortfin mako • Electronic Submission: Submit all § 635.21 (c)(1). shark that was caught with pelagic electronic public comments via the * * * * * longline gear when the electronic Federal e-Rulemaking Portal. Go to (iii) Consistent with paragraph monitoring system was not installed and www.regulations.gov/ (a)(4)(ii) of this section, a person who functioning in compliance with the #!docketDetail;D=NOAA-NMFS-2017- owns or operates a vessel that has been requirements at § 635.9. 0110, click the ‘‘Comment Now!’’ icon, issued an incidental shark LAP may * * * * * complete the required fields, and enter retain, possess, land, or sell no more [FR Doc. 2018–15822 Filed 7–26–18; 8:45 am] or attach your comments. than 16 SCS and pelagic sharks, BILLING CODE 3510–22–P • Mail: Michael Pentony, Regional combined, per vessel per trip, if the Administrator, NMFS, Greater Atlantic respective fishery is open per §§ 635.27 Regional Fisheries Office, 55 Great and 635.28. Of those 16 SCS and pelagic DEPARTMENT OF COMMERCE Republic Drive, Gloucester, MA 01930. sharks per vessel per trip, no more than Mark the outside of the envelope, 8 shall be blacknose sharks. Shortfin National Oceanic and Atmospheric ‘‘Comments on Amendment 20.’’ mako sharks may only be retained by Administration Instructions: Comments sent by any persons using pelagic longline gear, and other method, to any other address or only if each shark is dead at the time of 50 CFR Part 648 individual, or received after the end of haulback per § 635.21(c)(1). the comment period, may not be RIN 0648–BH16 considered by NMFS. All comments * * * * * ■ 6. In § 635.30, paragraph (c)(4) is Magnuson-Stevens Fishery received are a part of the public record revised to read as follows: Conservation and Management Act and will generally be posted for public Provisions; Fisheries of the viewing on www.regulations.gov § 635.30 Possession at sea and landing. without change. All personal identifying Northeastern United States; amozie on DSK3GDR082PROD with PROPOSALS1 * * * * * Amendment 20 to the Atlantic information (e.g., name, address, etc.), (c) * * * Mackerel, Squid, and Butterfish confidential business information, or (4) Persons aboard a vessel that has Fishery Management Plan otherwise sensitive information been issued or is required to be issued submitted voluntarily by the sender will a permit with a shark endorsement must AGENCY: National Marine Fisheries be publicly accessible. NMFS will maintain a shark intact through landing Service (NMFS), National Oceanic and accept anonymous comments (enter ‘‘N/ and offloading with the head, tail, and Atmospheric Administration (NOAA), A’’ in the required fields if you wish to all fins naturally attached. The shark Commerce. remain anonymous). VerDate Sep<11>2014 16:58 Jul 26, 2018 Jkt 244001 PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 E:\FR\FM\27JYP1.SGM 27JYP1

Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Proposed Rules 35603 The Council prepared an opportunities for vessels that are more of the longfin squid and butterfish environmental assessment (EA) for recently dependent upon longfin squid. resources, while promoting the Amendment 20 to the Atlantic Longfin squid spawning occurs year sustained participation of fishing Mackerel, Squid, and Butterfish Fishery round, but is most frequently observed communities and minimizing adverse Management Plan (FMP) that describes inshore during the late spring through economic impacts on such the proposed action and other early fall. Spawning aggregations and communities. If approved, Amendment alternatives considered and provides a associated egg masses (mops) that are 20 would: thorough analysis of the impacts of the attached to the bottom are vulnerable to 1. Separate butterfish from the current proposed measures and alternatives bottom fishing activities during the longfin/butterfish moratorium permit to considered. Copies of Amendment 20, summer months when longfin squid are create a new butterfish moratorium including the EA, the Regulatory Impact easily accessible to the fishery in large permit and a separate longfin squid Review, and the Regulatory Flexibility concentrations. In 2007, the Council moratorium permit; Act analysis, are available from: implemented reduced quotas during 2. Reissue longfin squid moratorium Christopher Moore, Executive Director, summer months (May through August, permits to vessels that landed at least Mid-Atlantic Fishery Management or Trimester II) as part of the trimester 10,000 lb (4,536 kg) of longfin squid in Council, Suite 201, 800 State Street, quota system (January 30, 2007; 71 FR any year from 1997–2013; Dover, DE 19901. The EA and associated 4211). The Council developed the 3. Create a new longfin squid analysis is accessible via the internet at: trimester quota system to improve the moratorium permit with a 5,000 lb http://www.mafmc.org/s/Squid- monitoring and management of the (2,268 kg) possession limit for vessels Amendment-Draft-EA.pdf. longfin squid fishery and prevent that have not landed at least 10,000 lb FOR FURTHER INFORMATION CONTACT: allowable quotas from being exceeded. (4,536 kg) of longfin squid in any year Douglas Christel, Fishery Policy Once a trimester quota has been caught, from 1997–2013; Analyst, (978) 281–9141. possession limits are reduced to 4. Create a new longfin squid SUPPLEMENTARY INFORMATION: incidental levels for all longfin squid incidental moratorium permit to enable permits. The FMP currently includes a vessels to continue to land 2,500 lb Background possession limit of 2,500 lb (1,134 kg) (1,134 kg) of longfin squid per trip; In 1995, the Mid-Atlantic Fishery per trip for incidental permits and when 5. Allow individual entities issued Management Council (Council) adopted the directed fishery has closed. multiple longfin squid moratorium a limited access permit system for However, this incidental limit has permits a one-time opportunity to swap longfin squid and butterfish as part of allowed vessels to continue to land large such permits among their vessels; and Amendment 5 to the Atlantic Mackerel, amounts of longfin squid even after the 6. Reduce the longfin squid Squid, and Butterfish FMP (April 2, directed fishery is closed, which possession limit from 2,500 lb (1,134 kg) 1996; 61 FR 14465). Under Amendment contributed to the Trimester II quota to 250 lb (113 kg) for squid/butterfish 5, NMFS issued longfin squid/butterfish being exceeded by large amounts in incidental catch permits and for all moratorium permits to vessels that several years. The Council is concerned longfin squid permits after the Trimester landed a minimum amount of either that excessive fishing effort inshore II longfin squid quota is landed. species during a specified qualification during Trimester II could negatively NMFS seeks public comments on period. Since then, the number of impact the stock, interrupting spawning Amendment 20 and its incorporated vessels landing longfin squid has activity, increasing the mortality of documents through the end of the decreased, with a relatively small squid eggs, and reducing future comment period specified in the DATES portion of vessels issued longfin squid/ recruitment. Measures developed by the section of this notice of availability butterfish moratorium permits landing Council under this action are intended (NOA). Concurrent with NMFS’s review the majority of longfin squid in recent to reevaluate the management of longfin of the amendment under the Magnuson- years. The Council is concerned that squid during Trimester II primarily to Stevens Act procedures, NMFS may unused longfin squid/butterfish reduce impacts to spawning squid and publish a rule proposing to implement moratorium permits could be activated, egg mops. measures outlined in this amendment in which could lead to excessive fishing The purpose of Amendment 20 is to the Federal Register for public effort and bycatch of both longfin squid optimize management measures in the comment. All comments received by the and non-target species. This could cause squid fisheries by reducing latent end of the comment period on the NOA, negative biological impacts to these (unused) effort in the longfin squid whether specifically directed to the species. In addition, this increased effort fishery and adjusting the management of NOA or the proposed rule, will be could increase the race to fish and the longfin squid fishery during considered in the approval/disapproval reduce access to available longfin squid Trimester II (May through August) to decision. NMFS will not consider quota by vessels with a continuous avoid overharvesting the longfin squid comments received after the end of the history of landings in recent years. resource. Although the Council comment period for the NOA in the Therefore, the Council developed considered reducing the number of Illex approval/disapproval decision of this Amendment 20 to consider the squid moratorium permits in the action. appropriate number of vessels in the fishery, the Council decided a reduction Authority: 16 U.S.C. 1801 et seq. directed and incidental longfin squid in the number of Illex moratorium fishery and design appropriate measures permits was not appropriate at this time Dated: July 23, 2018. amozie on DSK3GDR082PROD with PROPOSALS1 to prevent unanticipated increases in given low Illex landings and limited Jennifer M. Wallace, fishing effort. The proposed measures vessel participation in the fishery in Acting Director, Office of Sustainable described below could help prevent a recent years. Measures proposed under Fisheries, National Marine Fisheries Service. race to fish, frequent and disruptive this action would promote the [FR Doc. 2018–15970 Filed 7–26–18; 8:45 am] fishery closures, and reduced fishing sustainable utilization and conservation BILLING CODE 3510–22–P VerDate Sep<11>2014 16:58 Jul 26, 2018 Jkt 244001 PO 00000 Frm 00036 Fmt 4702 Sfmt 9990 E:\FR\FM\27JYP1.SGM 27JYP1


Document Created: 2018-07-27 04:06:17
Document Modified: 2018-07-27 04:06:17
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionAnnouncement of availability of fishery management plan amendment; request for comments.
DatesComments must be received on or before September 25, 2018.
ContactDouglas Christel, Fishery Policy Analyst, (978) 281-9141.
FR Citation83 FR 35602 
RIN Number0648-BH16
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR