83_FR_8805 83 FR 8764 - Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Specifications

83 FR 8764 - Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Specifications

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 41 (March 1, 2018)

Page Range8764-8768
FR Document2018-04123

NMFS implements longfin squid, Illex squid, and butterfish specifications for the 2018 fishing year and projected specifications for fishing years 2019 and 2020. This action is necessary to specify catch levels for the squid and butterfish fisheries based upon updated information on stock status. These specifications are intended to promote the sustainable utilization and conservation of the squid and butterfish resources.

Federal Register, Volume 83 Issue 41 (Thursday, March 1, 2018)
[Federal Register Volume 83, Number 41 (Thursday, March 1, 2018)]
[Rules and Regulations]
[Pages 8764-8768]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04123]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 170713663-8176-02]
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.

ACTION: Final rule.

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

SUMMARY: NMFS implements longfin squid, Illex squid, and butterfish 
specifications for the 2018 fishing year and projected specifications 
for fishing years 2019 and 2020. This action is necessary to specify 
catch levels for the squid and butterfish fisheries based upon updated 
information on stock status. These specifications are intended to 
promote the sustainable utilization and conservation of the squid and 
butterfish resources.

DATES: Effective April 2, 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. Stock 
assessment reports and assessment update reports for all species are 
available online at: www.nefsc.noaa.gov/saw/reviews_report_options.php. 
Performance reports for the Atlantic mackerel, squid, and butterfish 
fisheries are available online at: http://www.mafmc.org/msb.

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

SUPPLEMENTARY INFORMATION:

Background

    The regulations implementing the Atlantic Mackerel, Squid, and 
Butterfish Fishery Management Plan (FMP) require the Mid-Atlantic 
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.
    On December 13, 2017, NMFS published a proposed rule (82 FR 58583) 
for the 2018-2020 squid and butterfish specifications recommended by 
the Council. The proposed rule for this action included additional 
background on specifications and the details of how the Council derived 
its recommended specifications for longfin and Illex squid and 
butterfish. Those

[[Page 8765]]

details are not repeated here. For additional information, please refer 
to the proposed rule for this action. Because we implemented Atlantic 
mackerel specifications for fishing years 2016-2018 on April 26, 2016 
(81 FR 24504), this action does not consider revisions to existing 
Atlantic mackerel specifications.

Final 2018 and Projected 2019-2020 Illex Squid Specifications

       Table 1--Final 2018 and Projected 2019 and 2020 Illex Squid
                   Specifications in Metric Tons (mt)
------------------------------------------------------------------------
 
------------------------------------------------------------------------
OFL.....................................................         Unknown
ABC.....................................................          24,000
IOY.....................................................          22,915
DAH/DAP.................................................          22,915
------------------------------------------------------------------------

    This action maintains the existing Illex squid ABC of 24,000 mt for 
2018 and projects continuing that ABC for 2019 and 2020. The IOY, DAH, 
and DAP are calculated by deducting an estimated discard rate (4.52 
percent) from the ABC. This results in a 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 squid fishery since 
2012. The Council will review these specifications 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.

Final 2018 and Projected 2019-2020 Longfin Squid Specifications

      Table 2--Final 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
------------------------------------------------------------------------

    This action maintains the existing longfin squid ABC of 23,400 mt 
for 2018 and projects continuing that ABC for 2019 and 2020. The IOY, 
DAH, and DAP are calculated by deducting an estimated discard rate 
(updated from 4.08 to 2.0 percent) from the ABC. This results in a IOY, 
DAH, and DAP of 22,932 mt for 2018 that would be maintained for the 
2019 and 2020 fishing years. This action also maintains the existing 
allocation of longfin squid DAH among trimesters according to 
percentages specified in the FMP (see Table 3). The Council will review 
these specifications 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.

   Table 3--Final 2018 and Projected 2019-2020 Longfin Quota Trimester
                               Allocations
------------------------------------------------------------------------
                                                                 Metric
                      Trimester                        Percent    tons
------------------------------------------------------------------------
I (Jan-Apr).........................................        43     9,861
II (May-Aug)........................................        17     3,898
III (Sep-Dec).......................................        40     9,173
------------------------------------------------------------------------

Final 2018 and Projected 2019-2020 Butterfish Specifications

            Table 4--Final 2018 and Projected 2019-2020 Butterfish Specifications in Metric Tons (mt)
----------------------------------------------------------------------------------------------------------------
                                                                       2018            2019            2020
----------------------------------------------------------------------------------------------------------------
OFL.............................................................          28,628          37,637          39,592
ABC = ACL.......................................................          17,801          27,108          32,063
Commercial ACT (ABC minus management uncertainty buffers for              16,911          25,075          28,857
 each year).....................................................
DAH (ACT minus butterfish cap and discards).....................          12,093          20,061          23,752
Directed Fishery closure limit (DAH minus 1,000 mt incidental             11,093          19,061          22,752
 landings buffer)...............................................
Butterfish Mortality Cap (in the longfin squid fishery).........           3,884           3,884           3,884
----------------------------------------------------------------------------------------------------------------

    This action implements a butterfish ABC of 17,801 mt in 2018, and 
projected ABCs of 27,108 mt in 2019, and 32,063 mt in 2020. For 
butterfish, the ACL is set equal to the ABC. Deducting an estimate of 
management uncertainty from each year's ABC/ACL (5 percent in 2018, 7.5 
percent in 2019, and 10 percent in 2020) results in commercial ACTs of 
16,911 mt in 2018, and projected ACTs of 25,075 mt in 2019, and 28,857 
mt in 2020. This action maintains the butterfish cap for the longfin 
squid fishery at the 2014 level of 3,884 mt for 2018 and projects 
maintaining that level for 2019 and 2020. Subtracting the existing 
butterfish mortality cap in the longfin squid fishery (3,884 mt), catch 
in other fisheries (637 mt), and an estimate of discards in the 
directed butterfish fishery (2.4 percent) results in a DAH of 12,093 mt 
in 2018, and projected DAHs of 20,061 mt in 2019 and 23,752 mt in 2020. 
This action also maintains the existing allocation of the butterfish 
mortality cap among longfin squid trimesters according to percentages 
specified in the FMP (see Table 5). Finally, this action maintains the 
existing 1,000-mt set aside in each year to account for incidental 
landings of butterfish after a closure of the directed fishery. We will 
close the directed butterfish fishery once 11,093 mt is caught in 2018. 
The Council will review these specifications 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.

 Table 5--Final 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
                                            ----------------------------
    Total..................................          100           3,844
------------------------------------------------------------------------

Comments and Responses

    NMFS received 10 comments in response to the proposed rule for this 
action. Two comments were from industry groups, the Garden State 
Seafood Association (GSSA) and Seafreeze, Ltd., Eight comments were 
from individuals. Five comments received were not relevant to the 
proposed action and are not included in this final rule.
    Comment 1: One individual requested that NMFS post weekly 
butterfish

[[Page 8766]]

landings, including butterfish landings against the butterfish 
mortality cap in the longfin squid fishery, on the Greater Atlantic 
Regional Fisheries Office (GARFO) quota monitoring website so that the 
fishing industry has a better understanding of fishery operations 
during the year.
    Response: We post weekly landings of all species on the GARFO quota 
monitoring website unless doing so violates Magnuson-Stevens Act 
requirements to protect the confidentiality of submitted data. We 
currently post butterfish landings against the mortality cap in the 
longfin squid fishery on the GARFO website. While we had previously 
posted landings from the directed butterfish fishery, a recent review 
of landings data indicated that doing so is no longer consistent with 
the Magnuson-Stevens Act confidentiality requirements, as posting 
landings may inadvertently reveal landings or dealer purchases by an 
individual entity. Current regulations require us to reduce butterfish 
possession limits when landings reach the butterfish closure threshold 
and the DAH. Moving forward, we will post butterfish landings once 
catch has reached 75 percent of the closure threshold. This will inform 
the public of cumulative butterfish landings and allow fishery 
participants to plan operations sufficiently in advance of any required 
adjustments to possession limits without compromising efforts to 
protect the confidentiality of any entity's butterfish landings or 
purchases.
    Comment 2: One individual stated generally that too many fish are 
being caught, resulting in overfishing and the possibility of resource 
decline into extinction and negative impacts to predators, recommending 
that quotas for all species should be reduced by 50 percent.
    Response: Longfin squid is not overfished and is considered to be 
lightly exploited. Illex squid abundance in 2016 was near the long-term 
median, with the SSC suggesting that annual landings of up to 26,000 mt 
do not appear to have harmed the stock. Therefore, there is no 
scientific evidence to suggest that either of these species are subject 
to overfishing or that quota reductions for these species are warranted 
at this time. For butterfish, the latest stock assessment update 
indicated that the fishing mortality rate is well below the overfishing 
limit and that biomass is well above the target level in 2016. The SSC 
recommended, and this final rule implements, a 42-percent reduction in 
the 2018 butterfish ABC based on concerns regarding declining trends in 
both biomass and recruitment in recent years. The 2018-2020 
specifications for these species should ensure sufficient forage for 
predators. Extinction is not a concern with these species.
    Comment 3: One individual expressed concern with the substantial 
increase in butterfish ABCs in 2019 and 2020, stating that these 
increases are based on an expectation that a higher historic 
recruitment rate will return in those years despite reductions in 
observed recruitment in recent years. The individual suggested that 
there is no scientific evidence that historic recruitment will occur in 
2019 or 2020 based on the declining trend in recruitment in recent 
years.
    Response: We disagree. We recognize the recent declining trend in 
butterfish recruitment and its effects on spawning stock biomass and 
projected ABCs. We support the use of the low 2016 recruitment estimate 
to inform SSC recommendations for the 2018 butterfish ABC as it 
represents the best scientific information available. As documented in 
the 2017 butterfish assessment update, we know that terminal year 
recruitment estimates are highly uncertain. In 2014, the 58th Stock 
Assessment Workshop (SAW 58) (see ADDRESSES) concluded that the 2012 
recruitment estimate (terminal year for that assessment update) was the 
lowest in the time series. Updated data have substantially raised the 
2012 recruitment estimate, and 2013-2015 recruitment was estimated to 
be much higher than the 2012 estimate. The SSC recognized that 
predicting future recruitment is very difficult, as the butterfish 
stock has experienced years of low recruitment followed by 
substantially higher recruitment (see 2017 butterfish assessment 
update). They preferred to use yearly recruitment estimates taken from 
the entire time series (1989-2016) to project 2019 and 2020 butterfish 
ABCs because the entire time series includes recruitment estimates from 
both high and low years. This is a practice used in other stock 
assessments, and was reviewed as part of the 2017 butterfish assessment 
update and SSC deliberations. Therefore, the use of time series 
recruitment to project 2018 and 2019 butterfish ABCs is consistent with 
the best scientific information available. Further, the Council expects 
to review future butterfish ABCs as additional information on 
butterfish recruitment becomes available. The Council could adjust 2019 
and 2020 projected specifications if new information indicated 
recruitment conclusions for this action need to be updated.
    Comment 4: One individual indicated that the butterfish ABC 
reduction is unnecessary due to the short lifespan of the species and 
recent mechanical problems and inefficiencies with the Northeast 
Fisheries Science Center's survey vessel. The GSSA and Seafreeze, Ltd., 
also opposed the proposed butterfish specifications. Instead, they 
supported an alternative that would specify a constant ABC of 24,500 mt 
for 2018-2020. They highlight that butterfish is neither overfished, 
nor subject to overfishing, and assert that it is unlikely that 
butterfish biomass will be reduced in half because of poor recent 
recruitment. Similar to other short-lived species, they suggest that 
butterfish may lack a strong stock-recruit relationship, noting that 
butterfish recruitment has been highly variable and unpredictable, with 
terminal year recruitment estimates previously underestimated. They 
contend that basing ABC decisions on recruitment alone in this action 
is not scientifically sound. Further, they state that without the fall 
2017 NMFS survey to update recruitment estimates, the Council cannot 
verify the low 2016 recruitment estimate or adjust the 2019 ABC based 
on updated data. Similar to past SSC decisions to phase in summer 
flounder quota reductions, they argue that such an alternative would 
avoid substantially reducing commercial butterfish quotas unnecessarily 
and provide for a more stable fishery.
    Response: We agree that butterfish is neither overfished, nor 
subject to overfishing and that recruitment is highly variable. 
According to SAW 58, because butterfish are a short-lived species that 
are typically dominated by one or two yearclasses of fish, recruitment 
has a strong influence over biomass. As a result, declining recruitment 
translates into declining biomass. The most recent stock assessment 
update showed continuing declines in both recruitment and biomass since 
the late 1990s. Catches of age zero butterfish were nearly absent in 
the fishery during 2016, have declined in the NMFS surveys since 
peaking in the mid 1990s, and were the lowest in the fall Northeast 
Area Monitoring and Assessment Program (NEAMAP) time series in 2016. 
Although recent NEAMAP survey indices have been more variable than NMFS 
surveys, a similar downward trend in both the fall NEAMAP and NMFS 
survey indices for butterfish have been observed since 2007 and 1989, 
respectively. These declining trends in both recruitment and spawning 
stock biomass, as documented in the best scientific

[[Page 8767]]

information available, formed the basis for the SSC's recommended 2018 
butterfish ABC of 17,801 mt.
    As noted above in the response to Comment 3, terminal year 
recruitment estimates have been previously underestimated and revised 
upward based on additional data. We will not know whether the 2016 
recruitment estimate was similarly underestimated until additional data 
are available. We agree that mechanical problems with the RSV Henry B. 
Bigelow will prevent us from updating recruitment estimates from the 
fall NMFS survey and may limit the information available to the Council 
to adjust the 2019 or 2020 ABCs, as appropriate. However, these 
problems occurred after the completion of the butterfish assessment 
update and do not affect the 2018-2020 butterfish ABCs recommended by 
the Council. Further, an updated estimate of 2016 recruitment is 
unlikely to substantially affect the declining trend observed in recent 
years. The Council can revise future butterfish ABCs based on any 
available information, including NEAMAP data, during the required 
annual review of these specifications.
    The SSC considered the constant ABC alternative advocated by the 
GSSA and Seafreeze, Ltd., but did not recommend it based on declining 
trends in biomass and recruitment. The SSC recognized that a stable ABC 
approach has been used in other fisheries, but noted that there are 
different needs for different species and that a stable ABC approach 
was not appropriate for butterfish for biological reasons. At the May 
2017 meeting, the SSC also admitted that they lacked the social science 
expertise and Council guidance necessary for evaluating economic 
tradeoffs between the different alternatives and the associated impacts 
to fishing communities. The Council considered the SSC's input during 
their June 2017 meeting, and chose to follow the recommendations of the 
SSC instead of adopting a different suite of butterfish ABCs. We did 
not receive sufficient information through public comment to challenge 
recommendations by either the SSC or the Council, and have, therefore, 
implemented the proposed butterfish ABCs through this final rule.
    Comment 5: The GSSA and Seafreeze, Ltd., highlighted seemingly 
conflicting estimates of the probability of overfishing butterfish 
between the SSC report, the proposed rule, and supporting materials for 
the Council's June 2017 meeting. Specifically, they note that the SSC 
report and the proposed rule state that the probability of overfishing 
(the P* metric) is estimated at 0.08, but the Council meeting 
supporting materials indicated P* = 0.34. They sought clarification as 
to the correct probability of overfishing butterfish.
    Response: The correct P* value is 0.34. In other words, there is an 
average 34 percent probability that the proposed butterfish ABCs would 
result in overfishing during 2018-2020 based on the SSC's judgement of 
true underlying assessment uncertainty. The 0.08 probability of 
overfishing is the average probability of overfishing that the 
projection model calculates when the proposed ABCs are entered. The 
0.08 probability assumes that the model fully captures all elements of 
uncertainty. However, the SSC believes there is additional uncertainty 
that is not fully captured in the model. Therefore, the model is rerun 
using a 100 percent coefficient of variation (a measure of 
uncertainty--the higher the number, the higher the uncertainty) to 
estimate the probability of overfishing. This generated an average P* 
of 0.34 for the proposed 2018-2020 butterfish ABCs, which is consistent 
with the Council's policies for setting ABCs.
    Comment 6: The GSSA and Seafreeze, Ltd., asked why the proposed 
butterfish ABCs have a P* value less than 0.4, when the Council's risk 
policy indicates that stocks with a typical life history should have a 
40-percent chance of overfishing (P* = 0.4) when the stock is above the 
biomass target. They note that in 2016, butterfish was at 141 percent 
of the target biomass and that the Council should have used a P* = 0.4 
to calculate butterfish ABCs.
    Response: As noted in the response to Comment 4 above, while the 
2016 spawning stock biomass estimate was above the target level, the 
2017 butterfish assessment update projected that butterfish spawning 
stock biomass would decline to below the target level (45,616 mt) until 
2020. The P* values for 2018 and 2019 ABCs are 0.28 and 0.35, 
respectively, because the biomass is projected to be less than the 
biomass target in those years. In 2020, P* = 0.4 because biomass was 
estimated to be above target levels. This is consistent with the 
Council's risk policy. The average of these values is 0.34, below 0.4, 
due to the lower biomass estimates in 2018 and 2019.
    Comment 7: Noting that the fall 2017 NMFS survey was not conducted, 
the GSSA and Seafreeze, Ltd., asked for data from the recruitment 
indices from fall 2017 NEAMAP. They asked if integrating the NEAMAP and 
state survey recruitment and biomass indices would change the 
butterfish ABC projections.
    Response: The fall 2016 NEAMAP indices were included in the 2017 
butterfish assessment update model runs and presented to the SSC when 
they considered butterfish ABCs proposed in this action. As noted above 
in the response to Comment 4, the fall 2016 NEAMAP recruitment indices 
were the lowest in the time series. Fall 2017 NEAMAP indices are not 
available at this time but will be considered in the next assessment or 
update. State survey data were previously considered in the last 
assessment but were not used because they were not representative of 
the entire stock area. During the June 2017 Council meeting, the 
Council asked if state survey data could be considered, but they were 
informed that a benchmark assessment would be needed to reconsider 
state survey data in a future assessment.
    Comment 8: The GSSA and Seafreeze, Ltd., objected to the fact that 
the projections used to calculate butterfish ABCs in the 2017 
assessment update assumed that the fishery would fully harvest the DAH 
of 20,652 mt during 2018-2020. They indicated that this assumption is 
completely erroneous and assumes that the fishing mortality rate would 
exceed the known rate by several orders of magnitude. They asked about 
the impact that this assumption has on the outcome of the 
specifications process.
    Response: The 2017 fishing year was still ongoing when the SSC and 
Council recommended butterfish ABCs. Projections for 2018-2020 ABCs 
require some estimate of butterfish landings during each year. As a 
conservative approach, the projections assumed that 2017 landings would 
be equal to the DAH for 2017--the bridge year between the assessment 
update and when proposed ABCs would be implemented--and that landings 
would equal the ABC in 2019 and 2020. These assumptions are consistent 
with standard practice. We agree that it is unlikely that the fishery 
would have caught 20,652 mt during 2017. Preliminary estimates indicate 
that only about 3,700 mt were landed during 2017, although discards are 
still unknown at this time. However, the projections were also run 
using several other estimates of butterfish landings, including 3,139 
mt (the fishery landings when the projections were run), 6,278 mt 
(double the landings when projections were run), and 9,100 mt (2014 
DAH). All of these sensitivity runs resulted in negligible changes on 
the resulting spawning stock biomass estimates used to calculate ABCs. 
Therefore, it is unlikely that an updated

[[Page 8768]]

catch estimate would have substantially changed the projected 
butterfish ABCs.
    Comment 9: One individual indicated that NMFS is not recognizing 
shifts in economic, governmental, and ecological trends in setting 
future catch levels. The individual suggested that changes in tax law, 
economic booms, the impacts of offshore drilling, relative 
profitability between small and large operations, technological 
innovation, and demand may all affect future estimates of fish stocks 
and the appropriate levels of catch in future years.
    Response: Each year, Council staff develop a fishery information 
document summarizing trends in fishery landings, revenues, and 
participation. In addition, the Council's Atlantic Mackerel, Squid, and 
Butterfish Advisory Panel meets to develop and discuss a fishery 
performance report. This report describes the factors that influence 
fishing effort and landings, including markets, environmental/
ecological issues (weather, temperature, availability), management 
measures, or other issues relevant to the fishery's operations (see 
ADDRESSES). This input is used to provide context to fishery operations 
and help the Council and its SSC understand catch patterns when setting 
ABCs in each fishery. Therefore, we are considering many of the factors 
identified by the commenter when setting catch levels. Further, the 
profitability of affected entities, including both large and small 
operations, are explicitly considered in the National Environmental 
Policy Act and associated economic analyses conducted in support of 
this action and included in the EA prepared by Council staff (see 
ADDRESSES).

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this final rule is 
consistent with the Atlantic Mackerel, Squid, and Butterfish FMP, other 
provisions of the Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This final rule is not an Executive Order 13771 regulatory action 
because it 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 during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification and no other information has been obtained 
that suggests any other conclusion. As a result, a regulatory 
flexibility analysis was not required and none was prepared.

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

    Dated: February 23, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2018-04123 Filed 2-28-18; 8:45 am]
 BILLING CODE 3510-22-P



                                           8764                       Federal Register / Vol. 83, No. 41 / Thursday, March 1, 2018 / Rules and Regulations

                                                                                                                                                                                                                     Parts per
                                                                                                                    Commodity                                                                                                         Expiration date
                                                                                                                                                                                                                      million

                                           Coffee, green bean .......................................................................................................................................                        150    December   31,   2020.
                                           Cola ..............................................................................................................................................................               150    December   31,   2020.
                                           Cucurbit, seed ...............................................................................................................................................                    150    December   31,   2020.
                                           Fig .................................................................................................................................................................               10   December   31,   2020.
                                           Fruit, berry and small fruit, group 13–07 ......................................................................................................                                   5.0   December   31,   2020.
                                           Fruit, stone, group 12–12 .............................................................................................................................                            5.0   December   31,   2020.
                                           Herb and spice, group 19 .............................................................................................................................                              35   December   31,   2020.
                                           Hibiscus, seed ..............................................................................................................................................                     150    December   31,   2020.
                                           Ivy gourd .......................................................................................................................................................                  5.0   December   31,   2020.
                                           Kaffir lime, leaves .........................................................................................................................................                    0.50    December   31,   2020.
                                           Kenaf, seed ..................................................................................................................................................                    150    December   31,   2020.
                                           Longan ..........................................................................................................................................................                  5.0   December   31,   2020.
                                           Lychee ..........................................................................................................................................................                  5.0   December   31,   2020.
                                           Oilseed group 20 ..........................................................................................................................................                       150    December   31,   2020.
                                           Peppermint, tops ...........................................................................................................................................                        35   December   31,   2020.
                                           Pointed gourd ...............................................................................................................................................                      5.0   December   31,   2020.
                                           Pomegranate ................................................................................................................................................                       5.0   December   31,   2020.
                                           Rambutan .....................................................................................................................................................                     5.0   December   31,   2020.
                                           Spanish lime .................................................................................................................................................                     5.0   December   31,   2020.
                                           Spearmint, tops .............................................................................................................................................                       35   December   31,   2020.
                                           Stalk, stem and leaf petiole vegetable group 22 ..........................................................................................                                       0.50    December   31,   2020.
                                           Tropical and subtropical fruits, edible peel, group 23 ..................................................................................                                           10   December   31,   2020.
                                           Tropical and subtropical fruits, inedible peel, group 24 ...............................................................................                                           5.0   December   31,   2020.
                                           Vegetable, bulb, group 3–07 ........................................................................................................................                               2.0   December   31,   2020.
                                           Vegetable, cucurbit, group 9 ........................................................................................................................                              5.0   December   31,   2020.
                                           Vegetable, foliage of legume, group 7 .........................................................................................................                                  0.50    December   31,   2020.
                                           Vegetable, fruiting, group 8–10 ....................................................................................................................                               7.0   December   31,   2020.
                                           Vegetable, Head and Stem Brassica, group 5–16 .......................................................................................                                              1.0   December   31,   2020.
                                           Vegetable, leafy, group 4–16 .......................................................................................................................                             0.50    December   31,   2020.
                                           Vegetable, leaves of root and tuber, group 2 ..............................................................................................                                      0.50    December   31,   2020.
                                           Vegetable, legume, group 6 .........................................................................................................................                               3.0   December   31,   2020.
                                           Vegetable, root and tuber, group 1 ..............................................................................................................                                  3.0   December   31,   2020.



                                           *        *          *         *         *                                     and conservation of the squid and                                             Fishery Management Plan (FMP) require
                                           [FR Doc. 2018–04193 Filed 2–28–18; 8:45 am]                                   butterfish resources.                                                         the Mid-Atlantic Council’s Atlantic
                                           BILLING CODE 6560–50–P                                                        DATES: Effective April 2, 2018.                                               Mackerel, Squid, and Butterfish
                                                                                                                         ADDRESSES: Copies of supporting                                               Monitoring Committee to develop
                                                                                                                         documents used by the Mid-Atlantic                                            specification recommendations for each
                                           DEPARTMENT OF COMMERCE                                                        Fishery Management Council, including                                         species based upon the ABC advice of
                                                                                                                         the Environmental Assessment (EA), the                                        the Council’s SSC. The FMP regulations
                                           National Oceanic and Atmospheric                                              Regulatory Impact Review (RIR), and the                                       also require the specification of annual
                                           Administration                                                                Regulatory Flexibility Act (RFA)                                              catch limits (ACLs) and accountability
                                                                                                                         analysis are available from: Dr.                                              measure (AM) provisions for butterfish.
                                           50 CFR Part 648                                                               Christopher M. Moore, Executive                                               Both squid species are exempt from the
                                                                                                                         Director, Mid-Atlantic Fishery                                                ACL/AM requirements because they
                                           [Docket No. 170713663–8176–02]
                                                                                                                         Management Council, 800 North State                                           have a life cycle of less than one year.
                                           RIN 0648–BH04                                                                 Street, Suite 201, Dover, DE 19901,                                           In addition, the regulations require the
                                                                                                                         telephone (302) 674–2331. The EA/RIR/                                         specification of domestic annual harvest
                                           Fisheries of the Northeastern United                                                                                                                        (DAH), domestic annual processing
                                                                                                                         RFA analysis is also accessible via the
                                           States; Atlantic Mackerel, Squid, and                                                                                                                       (DAP), total allowable level of foreign
                                                                                                                         internet at www.regulations.gov/
                                           Butterfish Fisheries; Specifications                                                                                                                        fishing (TALFF), joint venture
                                                                                                                         #!docketDetail;D=NOAA-NMFS-2017-
                                           AGENCY:  National Marine Fisheries                                            0089. Stock assessment reports and                                            processing (JVP), commercial and
                                           Service (NMFS), National Oceanic and                                          assessment update reports for all species                                     recreational annual catch targets (ACT),
                                           Atmospheric Administration (NOAA),                                            are available online at:                                                      the butterfish mortality cap in the
                                           Commerce.                                                                     www.nefsc.noaa.gov/saw/reviews_                                               longfin squid fishery, and initial
                                                                                                                         report_options.php. Performance reports                                       optimum yield (IOY) for both squid
                                           ACTION: Final rule.
                                                                                                                         for the Atlantic mackerel, squid, and                                         species.
                                           SUMMARY:   NMFS implements longfin                                            butterfish fisheries are available online                                        On December 13, 2017, NMFS
                                           squid, Illex squid, and butterfish                                            at: http://www.mafmc.org/msb.                                                 published a proposed rule (82 FR
                                           specifications for the 2018 fishing year                                      FOR FURTHER INFORMATION CONTACT:                                              58583) for the 2018–2020 squid and
                                           and projected specifications for fishing                                      Douglas Christel, Fishery Policy                                              butterfish specifications recommended
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                                           years 2019 and 2020. This action is                                           Analyst, (978) 281–9141.                                                      by the Council. The proposed rule for
                                           necessary to specify catch levels for the                                     SUPPLEMENTARY INFORMATION:                                                    this action included additional
                                           squid and butterfish fisheries based                                                                                                                        background on specifications and the
                                           upon updated information on stock                                             Background                                                                    details of how the Council derived its
                                           status. These specifications are intended                                       The regulations implementing the                                            recommended specifications for longfin
                                           to promote the sustainable utilization                                        Atlantic Mackerel, Squid, and Butterfish                                      and Illex squid and butterfish. Those


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                                                                      Federal Register / Vol. 83, No. 41 / Thursday, March 1, 2018 / Rules and Regulations                                                                                     8765

                                           details are not repeated here. For                                          DAH, and DAP of 22,915 mt for 2018                                       estimated discard rate (updated from
                                           additional information, please refer to                                     that would be maintained for the 2019                                    4.08 to 2.0 percent) from the ABC. This
                                           the proposed rule for this action.                                          and 2020 fishing years. These are the                                    results in a IOY, DAH, and DAP of
                                           Because we implemented Atlantic                                             same specifications for the Illex squid                                  22,932 mt for 2018 that would be
                                           mackerel specifications for fishing years                                   fishery since 2012. The Council will                                     maintained for the 2019 and 2020
                                           2016–2018 on April 26, 2016 (81 FR                                          review these specifications during its                                   fishing years. This action also maintains
                                           24504), this action does not consider                                       annual specifications process following                                  the existing allocation of longfin squid
                                           revisions to existing Atlantic mackerel                                     annual data updates each spring, and                                     DAH among trimesters according to
                                           specifications.                                                             may change its recommendations for                                       percentages specified in the FMP (see
                                                                                                                       2019 or 2020 if new information is                                       Table 3). The Council will review these
                                           Final 2018 and Projected 2019–2020
                                                                                                                       available.                                                               specifications during its annual
                                           Illex Squid Specifications
                                                                                                                       Final 2018 and Projected 2019–2020                                       specifications process following annual
                                             TABLE 1—FINAL 2018 AND PRO-                       Longfin Squid Specifications                                                                     data updates each spring, and may
                                             JECTED 2019 AND 2020 Illex SQUID                                                                                                                   change its recommendations for 2019 or
                                             SPECIFICATIONS IN METRIC TONS                       TABLE 2—FINAL 2018 AND PRO-                                                                    2020 if new information is available.
                                             (MT)                                                JECTED 2019 AND 2020 LONGFIN
                                                                                                 SQUID SPECIFICATIONS IN METRIC                                                                    TABLE 3—FINAL 2018 AND PRO-
                                           OFL ....................................... Unknown   TONS (MT)                                                                                         JECTED 2019–2020 LONGFIN QUOTA
                                           ABC ......................................                    24,000                                                                                    TRIMESTER ALLOCATIONS
                                           IOY ........................................                  22,915         OFL .......................................               Unknown
                                           DAH/DAP ..............................                        22,915         ABC ......................................                  23,400                                                     Metric
                                                                                                                                                                                                         Trimester                 Percent
                                                                                                                        IOY ........................................                22,932                                                     tons
                                              This action maintains the existing                                        DAH/DAP ..............................                      22,932
                                           Illex squid ABC of 24,000 mt for 2018                                                                                                                I (Jan–Apr) ...................         43      9,861
                                           and projects continuing that ABC for                                          This action maintains the existing                                     II (May–Aug) ................           17      3,898
                                           2019 and 2020. The IOY, DAH, and DAP                                        longfin squid ABC of 23,400 mt for 2018                                  III (Sep–Dec) ................          40      9,173
                                           are calculated by deducting an                                              and projects continuing that ABC for
                                           estimated discard rate (4.52 percent)                                       2019 and 2020. The IOY, DAH, and DAP                                     Final 2018 and Projected 2019–2020
                                           from the ABC. This results in a IOY,                                        are calculated by deducting an                                           Butterfish Specifications

                                                            TABLE 4—FINAL 2018 AND PROJECTED 2019–2020 BUTTERFISH SPECIFICATIONS IN METRIC TONS (MT)
                                                                                                                                                                                                  2018                  2019                 2020

                                           OFL ..............................................................................................................................................         28,628                37,637             39,592
                                           ABC = ACL ..................................................................................................................................               17,801                27,108             32,063
                                           Commercial ACT (ABC minus management uncertainty buffers for each year) ........................                                                           16,911                25,075             28,857
                                           DAH (ACT minus butterfish cap and discards) ...........................................................................                                    12,093                20,061             23,752
                                           Directed Fishery closure limit (DAH minus 1,000 mt incidental landings buffer) ........................                                                    11,093                19,061             22,752
                                           Butterfish Mortality Cap (in the longfin squid fishery) .................................................................                                   3,884                 3,884              3,884



                                              This action implements a butterfish                                      trimesters according to percentages                                        TABLE 5—FINAL TRIMESTER ALLOCA-
                                           ABC of 17,801 mt in 2018, and projected                                     specified in the FMP (see Table 5).                                         TION OF BUTTERFISH MORTALITY
                                           ABCs of 27,108 mt in 2019, and 32,063                                       Finally, this action maintains the                                          CAP ON THE LONGFIN SQUID FISH-
                                           mt in 2020. For butterfish, the ACL is                                      existing 1,000-mt set aside in each year                                    ERY FOR 2018 AND PROJECTED AL-
                                           set equal to the ABC. Deducting an                                          to account for incidental landings of
                                                                                                                                                                                                   LOCATIONS FOR 2019 AND 2020—
                                           estimate of management uncertainty                                          butterfish after a closure of the directed
                                           from each year’s ABC/ACL (5 percent in                                      fishery. We will close the directed                                         Continued
                                           2018, 7.5 percent in 2019, and 10                                           butterfish fishery once 11,093 mt is
                                           percent in 2020) results in commercial                                                                                                                  Trimester            Percent         Metric tons
                                                                                                                       caught in 2018. The Council will review
                                           ACTs of 16,911 mt in 2018, and                                              these specifications during its annual                                        Total .......                100           3,844
                                           projected ACTs of 25,075 mt in 2019,                                        specifications process following annual
                                           and 28,857 mt in 2020. This action                                          data updates each spring, and may
                                           maintains the butterfish cap for the                                                                                                                 Comments and Responses
                                                                                                                       change its recommendations for 2019 or
                                           longfin squid fishery at the 2014 level                                     2020 if new information is available.        NMFS received 10 comments in
                                           of 3,884 mt for 2018 and projects                                                                                     response to the proposed rule for this
                                           maintaining that level for 2019 and                                             TABLE 5—FINAL TRIMESTER ALLOCA- action. Two comments were from
                                           2020. Subtracting the existing butterfish                                        TION OF BUTTERFISH MORTALITY industry groups, the Garden State
                                           mortality cap in the longfin squid                                               CAP ON THE LONGFIN SQUID FISH- Seafood Association (GSSA) and
                                           fishery (3,884 mt), catch in other
                                                                                                                            ERY FOR 2018 AND PROJECTED AL- Seafreeze, Ltd., Eight comments were
                                           fisheries (637 mt), and an estimate of
                                                                                                                            LOCATIONS FOR 2019 AND 2020          from individuals. Five comments
                                           discards in the directed butterfish
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                                           fishery (2.4 percent) results in a DAH of                                                                             received were not relevant to the
                                                                                                                            Trimester    Percent   Metric tons   proposed action and are not included in
                                           12,093 mt in 2018, and projected DAHs
                                           of 20,061 mt in 2019 and 23,752 mt in                                                                                 this final rule.
                                                                                                                        I (Jan–Apr) ....        43         1,670
                                           2020. This action also maintains the                                         II (May–Aug)            17           660    Comment 1: One individual requested
                                           existing allocation of the butterfish                                        III (Sep–Dec)           40         1,554 that NMFS post weekly butterfish
                                           mortality cap among longfin squid


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                                           8766               Federal Register / Vol. 83, No. 41 / Thursday, March 1, 2018 / Rules and Regulations

                                           landings, including butterfish landings                 declining trends in both biomass and                     Comment 4: One individual indicated
                                           against the butterfish mortality cap in                 recruitment in recent years. The 2018–                that the butterfish ABC reduction is
                                           the longfin squid fishery, on the Greater               2020 specifications for these species                 unnecessary due to the short lifespan of
                                           Atlantic Regional Fisheries Office                      should ensure sufficient forage for                   the species and recent mechanical
                                           (GARFO) quota monitoring website so                     predators. Extinction is not a concern                problems and inefficiencies with the
                                           that the fishing industry has a better                  with these species.                                   Northeast Fisheries Science Center’s
                                           understanding of fishery operations                       Comment 3: One individual expressed                 survey vessel. The GSSA and Seafreeze,
                                           during the year.                                        concern with the substantial increase in              Ltd., also opposed the proposed
                                              Response: We post weekly landings of                 butterfish ABCs in 2019 and 2020,                     butterfish specifications. Instead, they
                                           all species on the GARFO quota                          stating that these increases are based on             supported an alternative that would
                                           monitoring website unless doing so                      an expectation that a higher historic                 specify a constant ABC of 24,500 mt for
                                           violates Magnuson-Stevens Act                           recruitment rate will return in those                 2018–2020. They highlight that
                                           requirements to protect the                             years despite reductions in observed                  butterfish is neither overfished, nor
                                           confidentiality of submitted data. We                   recruitment in recent years. The                      subject to overfishing, and assert that it
                                           currently post butterfish landings                      individual suggested that there is no                 is unlikely that butterfish biomass will
                                           against the mortality cap in the longfin                scientific evidence that historic                     be reduced in half because of poor
                                           squid fishery on the GARFO website.                     recruitment will occur in 2019 or 2020                recent recruitment. Similar to other
                                           While we had previously posted                          based on the declining trend in                       short-lived species, they suggest that
                                           landings from the directed butterfish                   recruitment in recent years.                          butterfish may lack a strong stock-
                                           fishery, a recent review of landings data                 Response: We disagree. We recognize                 recruit relationship, noting that
                                           indicated that doing so is no longer                    the recent declining trend in butterfish              butterfish recruitment has been highly
                                           consistent with the Magnuson-Stevens                    recruitment and its effects on spawning               variable and unpredictable, with
                                           Act confidentiality requirements, as                    stock biomass and projected ABCs. We                  terminal year recruitment estimates
                                           posting landings may inadvertently                      support the use of the low 2016                       previously underestimated. They
                                           reveal landings or dealer purchases by                  recruitment estimate to inform SSC                    contend that basing ABC decisions on
                                           an individual entity. Current regulations               recommendations for the 2018                          recruitment alone in this action is not
                                           require us to reduce butterfish                         butterfish ABC as it represents the best              scientifically sound. Further, they state
                                           possession limits when landings reach                   scientific information available. As                  that without the fall 2017 NMFS survey
                                           the butterfish closure threshold and the                documented in the 2017 butterfish                     to update recruitment estimates, the
                                           DAH. Moving forward, we will post                       assessment update, we know that                       Council cannot verify the low 2016
                                           butterfish landings once catch has                      terminal year recruitment estimates are               recruitment estimate or adjust the 2019
                                           reached 75 percent of the closure                       highly uncertain. In 2014, the 58th                   ABC based on updated data. Similar to
                                           threshold. This will inform the public of               Stock Assessment Workshop (SAW 58)
                                                                                                                                                         past SSC decisions to phase in summer
                                           cumulative butterfish landings and                      (see ADDRESSES) concluded that the
                                                                                                                                                         flounder quota reductions, they argue
                                           allow fishery participants to plan                      2012 recruitment estimate (terminal
                                                                                                                                                         that such an alternative would avoid
                                           operations sufficiently in advance of                   year for that assessment update) was the
                                                                                                                                                         substantially reducing commercial
                                           any required adjustments to possession                  lowest in the time series. Updated data
                                                                                                                                                         butterfish quotas unnecessarily and
                                           limits without compromising efforts to                  have substantially raised the 2012
                                                                                                                                                         provide for a more stable fishery.
                                           protect the confidentiality of any                      recruitment estimate, and 2013–2015
                                           entity’s butterfish landings or                         recruitment was estimated to be much                     Response: We agree that butterfish is
                                           purchases.                                              higher than the 2012 estimate. The SSC                neither overfished, nor subject to
                                              Comment 2: One individual stated                     recognized that predicting future                     overfishing and that recruitment is
                                           generally that too many fish are being                  recruitment is very difficult, as the                 highly variable. According to SAW 58,
                                           caught, resulting in overfishing and the                butterfish stock has experienced years of             because butterfish are a short-lived
                                           possibility of resource decline into                    low recruitment followed by                           species that are typically dominated by
                                           extinction and negative impacts to                      substantially higher recruitment (see                 one or two yearclasses of fish,
                                           predators, recommending that quotas for                 2017 butterfish assessment update).                   recruitment has a strong influence over
                                           all species should be reduced by 50                     They preferred to use yearly recruitment              biomass. As a result, declining
                                           percent.                                                estimates taken from the entire time                  recruitment translates into declining
                                              Response: Longfin squid is not                       series (1989–2016) to project 2019 and                biomass. The most recent stock
                                           overfished and is considered to be                      2020 butterfish ABCs because the entire               assessment update showed continuing
                                           lightly exploited. Illex squid abundance                time series includes recruitment                      declines in both recruitment and
                                           in 2016 was near the long-term median,                  estimates from both high and low years.               biomass since the late 1990s. Catches of
                                           with the SSC suggesting that annual                     This is a practice used in other stock                age zero butterfish were nearly absent in
                                           landings of up to 26,000 mt do not                      assessments, and was reviewed as part                 the fishery during 2016, have declined
                                           appear to have harmed the stock.                        of the 2017 butterfish assessment update              in the NMFS surveys since peaking in
                                           Therefore, there is no scientific                       and SSC deliberations. Therefore, the                 the mid 1990s, and were the lowest in
                                           evidence to suggest that either of these                use of time series recruitment to project             the fall Northeast Area Monitoring and
                                           species are subject to overfishing or that              2018 and 2019 butterfish ABCs is                      Assessment Program (NEAMAP) time
                                           quota reductions for these species are                  consistent with the best scientific                   series in 2016. Although recent
                                           warranted at this time. For butterfish,                 information available. Further, the                   NEAMAP survey indices have been
                                           the latest stock assessment update                      Council expects to review future                      more variable than NMFS surveys, a
                                           indicated that the fishing mortality rate               butterfish ABCs as additional                         similar downward trend in both the fall
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                                           is well below the overfishing limit and                 information on butterfish recruitment                 NEAMAP and NMFS survey indices for
                                           that biomass is well above the target                   becomes available. The Council could                  butterfish have been observed since
                                           level in 2016. The SSC recommended,                     adjust 2019 and 2020 projected                        2007 and 1989, respectively. These
                                           and this final rule implements, a 42-                   specifications if new information                     declining trends in both recruitment
                                           percent reduction in the 2018 butterfish                indicated recruitment conclusions for                 and spawning stock biomass, as
                                           ABC based on concerns regarding                         this action need to be updated.                       documented in the best scientific


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                                                              Federal Register / Vol. 83, No. 41 / Thursday, March 1, 2018 / Rules and Regulations                                          8767

                                           information available, formed the basis                 meeting supporting materials indicated                   Response: The fall 2016 NEAMAP
                                           for the SSC’s recommended 2018                          P* = 0.34. They sought clarification as               indices were included in the 2017
                                           butterfish ABC of 17,801 mt.                            to the correct probability of overfishing             butterfish assessment update model
                                              As noted above in the response to                    butterfish.                                           runs and presented to the SSC when
                                           Comment 3, terminal year recruitment                       Response: The correct P* value is                  they considered butterfish ABCs
                                           estimates have been previously                          0.34. In other words, there is an average             proposed in this action. As noted above
                                           underestimated and revised upward                       34 percent probability that the proposed              in the response to Comment 4, the fall
                                           based on additional data. We will not                   butterfish ABCs would result in                       2016 NEAMAP recruitment indices
                                           know whether the 2016 recruitment                       overfishing during 2018–2020 based on                 were the lowest in the time series. Fall
                                           estimate was similarly underestimated                   the SSC’s judgement of true underlying                2017 NEAMAP indices are not available
                                           until additional data are available. We                 assessment uncertainty. The 0.08                      at this time but will be considered in the
                                           agree that mechanical problems with the                 probability of overfishing is the average             next assessment or update. State survey
                                           RSV Henry B. Bigelow will prevent us                    probability of overfishing that the                   data were previously considered in the
                                           from updating recruitment estimates                     projection model calculates when the                  last assessment but were not used
                                           from the fall NMFS survey and may                       proposed ABCs are entered. The 0.08                   because they were not representative of
                                           limit the information available to the                  probability assumes that the model fully              the entire stock area. During the June
                                           Council to adjust the 2019 or 2020                      captures all elements of uncertainty.                 2017 Council meeting, the Council
                                           ABCs, as appropriate. However, these                    However, the SSC believes there is                    asked if state survey data could be
                                           problems occurred after the completion                  additional uncertainty that is not fully              considered, but they were informed that
                                           of the butterfish assessment update and                 captured in the model. Therefore, the                 a benchmark assessment would be
                                           do not affect the 2018–2020 butterfish                  model is rerun using a 100 percent                    needed to reconsider state survey data
                                           ABCs recommended by the Council.                        coefficient of variation (a measure of                in a future assessment.
                                           Further, an updated estimate of 2016                    uncertainty—the higher the number, the                   Comment 8: The GSSA and Seafreeze,
                                           recruitment is unlikely to substantially                higher the uncertainty) to estimate the               Ltd., objected to the fact that the
                                           affect the declining trend observed in                  probability of overfishing. This                      projections used to calculate butterfish
                                           recent years. The Council can revise                    generated an average P* of 0.34 for the               ABCs in the 2017 assessment update
                                           future butterfish ABCs based on any                     proposed 2018–2020 butterfish ABCs,                   assumed that the fishery would fully
                                           available information, including                        which is consistent with the Council’s                harvest the DAH of 20,652 mt during
                                           NEAMAP data, during the required                        policies for setting ABCs.                            2018–2020. They indicated that this
                                           annual review of these specifications.
                                                                                                      Comment 6: The GSSA and Seafreeze,                 assumption is completely erroneous and
                                              The SSC considered the constant ABC
                                                                                                   Ltd., asked why the proposed butterfish               assumes that the fishing mortality rate
                                           alternative advocated by the GSSA and
                                           Seafreeze, Ltd., but did not recommend                  ABCs have a P* value less than 0.4,                   would exceed the known rate by several
                                           it based on declining trends in biomass                 when the Council’s risk policy indicates              orders of magnitude. They asked about
                                           and recruitment. The SSC recognized                     that stocks with a typical life history               the impact that this assumption has on
                                           that a stable ABC approach has been                     should have a 40-percent chance of                    the outcome of the specifications
                                           used in other fisheries, but noted that                 overfishing (P* = 0.4) when the stock is              process.
                                           there are different needs for different                 above the biomass target. They note that                 Response: The 2017 fishing year was
                                           species and that a stable ABC approach                  in 2016, butterfish was at 141 percent of             still ongoing when the SSC and Council
                                           was not appropriate for butterfish for                  the target biomass and that the Council               recommended butterfish ABCs.
                                           biological reasons. At the May 2017                     should have used a P* = 0.4 to calculate              Projections for 2018–2020 ABCs require
                                           meeting, the SSC also admitted that they                butterfish ABCs.                                      some estimate of butterfish landings
                                           lacked the social science expertise and                    Response: As noted in the response to              during each year. As a conservative
                                           Council guidance necessary for                          Comment 4 above, while the 2016                       approach, the projections assumed that
                                           evaluating economic tradeoffs between                   spawning stock biomass estimate was                   2017 landings would be equal to the
                                           the different alternatives and the                      above the target level, the 2017                      DAH for 2017—the bridge year between
                                           associated impacts to fishing                           butterfish assessment update projected                the assessment update and when
                                           communities. The Council considered                     that butterfish spawning stock biomass                proposed ABCs would be
                                           the SSC’s input during their June 2017                  would decline to below the target level               implemented—and that landings would
                                           meeting, and chose to follow the                        (45,616 mt) until 2020. The P* values                 equal the ABC in 2019 and 2020. These
                                           recommendations of the SSC instead of                   for 2018 and 2019 ABCs are 0.28 and                   assumptions are consistent with
                                           adopting a different suite of butterfish                0.35, respectively, because the biomass               standard practice. We agree that it is
                                           ABCs. We did not receive sufficient                     is projected to be less than the biomass              unlikely that the fishery would have
                                           information through public comment to                   target in those years. In 2020, P* = 0.4              caught 20,652 mt during 2017.
                                           challenge recommendations by either                     because biomass was estimated to be                   Preliminary estimates indicate that only
                                           the SSC or the Council, and have,                       above target levels. This is consistent               about 3,700 mt were landed during
                                           therefore, implemented the proposed                     with the Council’s risk policy. The                   2017, although discards are still
                                           butterfish ABCs through this final rule.                average of these values is 0.34, below                unknown at this time. However, the
                                              Comment 5: The GSSA and Seafreeze,                   0.4, due to the lower biomass estimates               projections were also run using several
                                           Ltd., highlighted seemingly conflicting                 in 2018 and 2019.                                     other estimates of butterfish landings,
                                           estimates of the probability of                            Comment 7: Noting that the fall 2017               including 3,139 mt (the fishery landings
                                           overfishing butterfish between the SSC                  NMFS survey was not conducted, the                    when the projections were run), 6,278
                                           report, the proposed rule, and                          GSSA and Seafreeze, Ltd., asked for data              mt (double the landings when
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                                           supporting materials for the Council’s                  from the recruitment indices from fall                projections were run), and 9,100 mt
                                           June 2017 meeting. Specifically, they                   2017 NEAMAP. They asked if                            (2014 DAH). All of these sensitivity runs
                                           note that the SSC report and the                        integrating the NEAMAP and state                      resulted in negligible changes on the
                                           proposed rule state that the probability                survey recruitment and biomass indices                resulting spawning stock biomass
                                           of overfishing (the P* metric) is                       would change the butterfish ABC                       estimates used to calculate ABCs.
                                           estimated at 0.08, but the Council                      projections.                                          Therefore, it is unlikely that an updated


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                                           8768               Federal Register / Vol. 83, No. 41 / Thursday, March 1, 2018 / Rules and Regulations

                                           catch estimate would have substantially                 proposed rule and is not repeated here.               Regulatory Flexibility Analysis (IRFA)
                                           changed the projected butterfish ABCs.                  No comments were received regarding                   prepared for this action are available
                                              Comment 9: One individual indicated                  this certification and no other                       from http://alaskafisheries.noaa.gov.
                                           that NMFS is not recognizing shifts in                  information has been obtained that                    The final 2017 Stock Assessment and
                                           economic, governmental, and ecological                  suggests any other conclusion. As a                   Fishery Evaluation (SAFE) report for the
                                           trends in setting future catch levels. The              result, a regulatory flexibility analysis             groundfish resources of the GOA, dated
                                           individual suggested that changes in tax                was not required and none was                         November 2017, is available from the
                                           law, economic booms, the impacts of                     prepared.                                             North Pacific Fishery Management
                                           offshore drilling, relative profitability                                                                     Council (Council) at 605 West 4th
                                                                                                     Authority: 16 U.S.C. 1801 et seq.
                                           between small and large operations,                                                                           Avenue, Suite 306, Anchorage, AK
                                           technological innovation, and demand                      Dated: February 23, 2018.                           99510–2252, phone 907–271–2809, or
                                           may all affect future estimates of fish                 Samuel D. Rauch III,                                  from the Council’s website at http://
                                           stocks and the appropriate levels of                    Deputy Assistant Administrator for                    www.npfmc.org.
                                           catch in future years.                                  Regulatory Programs, National Marine
                                                                                                   Fisheries Service.                                    FOR FURTHER INFORMATION CONTACT:
                                              Response: Each year, Council staff
                                                                                                                                                         Obren Davis, 907–586–7228.
                                           develop a fishery information document                  [FR Doc. 2018–04123 Filed 2–28–18; 8:45 am]
                                           summarizing trends in fishery landings,                                                                       SUPPLEMENTARY INFORMATION: NMFS
                                                                                                   BILLING CODE 3510–22–P
                                           revenues, and participation. In addition,                                                                     manages the GOA groundfish fisheries
                                           the Council’s Atlantic Mackerel, Squid,                                                                       in the exclusive economic zone of the
                                           and Butterfish Advisory Panel meets to                  DEPARTMENT OF COMMERCE                                GOA under the Fishery Management
                                           develop and discuss a fishery                                                                                 Plan for Groundfish of the Gulf of
                                           performance report. This report                         National Oceanic and Atmospheric                      Alaska (FMP). The Council prepared the
                                           describes the factors that influence                    Administration                                        FMP under the authority of the
                                           fishing effort and landings, including                                                                        Magnuson-Stevens Fishery
                                           markets, environmental/ecological                       50 CFR Part 679                                       Conservation and Management Act, 16
                                           issues (weather, temperature,                                                                                 U.S.C. 1801 et seq. Regulations
                                                                                                   [Docket No. 170816769–8162–02]
                                           availability), management measures, or                                                                        governing U.S. fisheries and
                                           other issues relevant to the fishery’s                  RIN 0648–XF633                                        implementing the FMP appear at 50
                                           operations (see ADDRESSES). This input                                                                        CFR parts 600, 679, and 680.
                                                                                                   Fisheries of the Exclusive Economic                      The FMP and its implementing
                                           is used to provide context to fishery
                                                                                                   Zone Off Alaska; Gulf of Alaska; Final                regulations require NMFS, after
                                           operations and help the Council and its
                                                                                                   2018 and 2019 Harvest Specifications                  consultation with the Council, to
                                           SSC understand catch patterns when
                                                                                                   for Groundfish                                        specify the total allowable catch (TAC)
                                           setting ABCs in each fishery. Therefore,
                                           we are considering many of the factors                  AGENCY:  National Marine Fisheries                    for each target species, the sum of which
                                           identified by the commenter when                        Service (NMFS), National Oceanic and                  must be within the optimum yield (OY)
                                           setting catch levels. Further, the                      Atmospheric Administration (NOAA),                    range of 116,000 to 800,000 metric tons
                                           profitability of affected entities,                     Commerce.                                             (mt) (50 CFR 679.20(a)(1)(i)(B)). Section
                                           including both large and small                                                                                679.20(c)(1) further requires NMFS to
                                                                                                   ACTION: Final rule; harvest specifications
                                           operations, are explicitly considered in                                                                      publish and solicit public comment on
                                                                                                   and closures.                                         proposed annual TACs and
                                           the National Environmental Policy Act
                                           and associated economic analyses                        SUMMARY:   NMFS announces final 2018                  apportionments thereof, Pacific halibut
                                           conducted in support of this action and                 and 2019 harvest specifications,                      prohibited species catch (PSC) limits,
                                           included in the EA prepared by Council                  apportionments, and Pacific halibut                   and seasonal allowances of pollock and
                                           staff (see ADDRESSES).                                  prohibited species catch limits for the               Pacific cod. Upon consideration of
                                                                                                   groundfish fishery of the Gulf of Alaska              public comment received under
                                           Classification                                                                                                § 679.20(c)(1), NMFS must publish
                                                                                                   (GOA). This action is necessary to
                                              Pursuant to section 304(b)(1)(A) of the              establish harvest limits for groundfish               notice of final harvest specifications for
                                           Magnuson-Stevens Act, the NMFS                          during the 2018 and 2019 fishing years                up to two fishing years as annual TACs
                                           Assistant Administrator has determined                  and to accomplish the goals and                       and apportionments, Pacific halibut PSC
                                           that this final rule is consistent with the             objectives of the Fishery Management                  limits, and seasonal allowances of
                                           Atlantic Mackerel, Squid, and Butterfish                Plan for Groundfish of the Gulf of                    pollock and Pacific cod, per
                                           FMP, other provisions of the Magnuson-                  Alaska. The intended effect of this                   § 679.20(c)(3)(ii). The final harvest
                                           Stevens Act, and other applicable law.                  action is to conserve and manage the                  specifications set forth in Tables 1
                                              This final rule has been determined to               groundfish resources in the GOA in                    through 30 of this rule reflect the
                                           be not significant for purposes of                      accordance with the Magnuson-Stevens                  outcome of this process, as required at
                                           Executive Order 12866.                                  Fishery Conservation and Management                   § 679.20(c).
                                              This final rule is not an Executive                  Act.                                                     The proposed 2018 and 2019 harvest
                                           Order 13771 regulatory action because it                                                                      specifications for groundfish of the GOA
                                           is not significant under Executive Order                DATES: Harvest specifications and                     and Pacific halibut PSC limits were
                                           12866.                                                  closures are effective at 1200 hours,                 published in the Federal Register on
                                              The Chief Counsel for Regulation of                  Alaska local time (A.l.t.), March 1, 2018,            December 8, 2017 (82 FR 57924).
                                           the Department of Commerce certified                    through 2400 hours, A.l.t., December 31,              Comments were invited and accepted
                                           to the Chief Counsel for Advocacy of the                2019.                                                 through January 8, 2018. NMFS received
amozie on DSK30RV082PROD with RULES




                                           Small Business Administration during                    ADDRESSES: Electronic copies of the                   two letters of comment on the proposed
                                           the proposed rule stage that this action                Final Alaska Groundfish Harvest                       harvest specifications; the comments are
                                           would not have a significant economic                   Specifications Environmental Impact                   summarized and responded to in the
                                           impact on a substantial number of small                 Statement (EIS), Record of Decision                   ‘‘Response to Comments’’ section of this
                                           entities. The factual basis for the                     (ROD), the Supplementary Information                  rule. In December 2017, NMFS
                                           certification was published in the                      Report (SIR) to the EIS, and the Initial              consulted with the Council regarding


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Document Created: 2018-02-28 23:58:25
Document Modified: 2018-02-28 23:58:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective April 2, 2018.
ContactDouglas Christel, Fishery Policy Analyst, (978) 281-9141.
FR Citation83 FR 8764 
RIN Number0648-BH04

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