[Code of Federal Regulations]
[Title 50, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR648.21]
[Page 335-338]
TITLE 50--WILDLIFE AND FISHERIES
DEPARTMENT OF COMMERCE
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES--Table of Contents
Subpart B--Management Measures for the Atlantic Mackerel, Squid, and
Butterfish Fisheries
Sec. 648.21 Procedures for determining initial annual amounts.
(a) Initial recommended annual specifications. The Atlantic
Mackerel, Squid, and Butterfish Monitoring Committee (Monitoring
Committee) shall meet annually to develop and recommend the following
specifications for consideration by the Mackerel, Squid, and Butterfish
Committee of the MAFMC:
(1) Initial OY (IOY), including research quota (RQ), domestic annual
harvest (DAH), and domestic annual processing (DAP) for Illex squid;
(2) IOY, including RQ, DAH, DAP, and bycatch level of the total
allowable level of foreign fishing (TALFF), if any, for butterfish; and
(3) IOY, including RQ, DAH, DAP, joint venture processing (JVP), if
any, and TALFF, if any, for mackerel. The Monitoring Committee may also
recommend that certain ratios of TALFF, if any, for mackerel to
purchases of domestic harvested fish and/or domestic processed fish be
established in relation to the initial annual amounts.
(4) Initial OY (IOY), including research quota (RQ), domestic annual
harvest (DAH), and domestic annual processing (DAP) for Loligo squid,
which, subject to annual review, may be specified for a period of up to
3 years;
(5) Inseason adjustment, upward or downward, to the specifications
for Loligo squid as specified in paragraph (e) of this section.
(b) Guidelines. As the basis for its recommendations under paragraph
(a) of this section, the Monitoring Committee shall review available
data pertaining to: Commercial, recreational, and research project
landings; discards; current estimates of fishing mortality; stock
status; the most recent estimates of recruitment; virtual population
analysis results; levels of noncompliance by harvesters or individual
states; impact of size/mesh regulations; results of a survey of domestic
processors and joint venture operators of estimated mackerel processing
capacity and intent to use that capacity; results of a survey of
fishermen's trade associations of estimated mackerel harvesting capacity
and intent to use that capacity; and any other relevant information. The
specifications recommended pursuant to paragraph (a) of this section
must be consistent with the following:
(1) Squid. (i) The ABC for any fishing year must be either the
maximum OY specified in Sec. 648.20, or a lower amount, if stock
assessments indicate that the potential yield is less than the maximum
OY.
(ii) IOY is a modification of ABC based on social and economic
factors. The IOY is composed of a RQ and DAH.
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RQ will be based on requests for research quota as described in
paragraph (g) of this section. DAH will be set after deduction for RQ,
if applicable.
(2) Mackerel. (i) Mackerel ABC must be calculated using the formula
ABC = T - C, where C is the estimated catch of mackerel in Canadian
waters for the upcoming fishing year and T is the catch associated with
a fishing mortality rate that is equal to Ftarget (F = 0.25)
at an 890,000 mt spawning stock biomass (or greater) and decreases
linearly to zero at a 450,000 mt spawning stock biomass (\1/2\
BMSY) or below.
(ii) IOY is a modification of ABC, based on social and economic
factors, and must be less than or equal to ABC.
(iii) IOY is composed of RQ, DAH and TALFF. RQ will be based on
requests for research quota as described in paragraph (g) of this
section. DAH, DAP, and JVP will be set after deduction for RQ, if
applicable, and must be projected by reviewing data from sources
specified in paragraph (a) of this section and other relevant data,
including past domestic landings, projected amounts of mackerel
necessary for domestic processing and for joint ventures during the
fishing year, projected recreational landings, and other data pertinent
for such a projection. The JVP component of DAH is the portion of DAH
that domestic processors either cannot or will not use. In addition, IOY
is based on the criteria set forth in the Magnuson-Stevens Act,
specifically section 201(e), and on the following economic factors:
(A) Total world export potential of mackerel producing countries.
(B) Total world import demand of mackerel consuming countries.
(C) U.S. export potential based on expected U.S. harvests, expected
U.S. consumption, relative prices, exchange rates, and foreign trade
barriers.
(D) Increased/decreased revenues to the United States from foreign
fees.
(E) Increased/decreased revenues to U.S. harvesters (with/without
joint ventures).
(F) Increased/decreased revenues to U.S. processors and exporters.
(G) Increases/decreases in U.S. harvesting productivity due to
decreases/increases in foreign harvest.
(H) Increases/decreases in U.S. processing productivity.
(I) Potential impact of increased/decreased TALFF on foreign
purchases of U.S. products and services and U.S.-caught fish, changes in
trade barriers, technology transfer, and other considerations.
(3) Butterfish. (i) If the Monitoring Committee's review indicates
that the stock cannot support a level of harvest equal to the maximum
OY, the Monitoring Committee shall recommend establishing an ABC less
than the maximum OY for the fishing year. This level represents the
modification of maximum OY to reflect biological and ecological factors.
If the stock is able to support a harvest level equivalent to the
maximum OY, the ABC must be set at that level.
(ii) IOY is a modification of ABC based on social and economic
factors. The IOY is composed of a RQ, DAH, and bycatch TALFF that is
equal to 0.08 percent of the allocated portion of the mackerel TALFF. RQ
will be based on requests for research quota as described in paragraph
(g) of this section. DAH and bycatch TALFF will be set after deduction
for RQ, if applicable.
(c) Recommended measures. Based on the review of the data described
in paragraph (a) of this section and requests for research quota as
described in paragraph (g) of this section, the Monitoring Committee
will recommend to the Squid, Mackerel, and Butterfish Committee the
measures from the following list that it determines are necessary to
ensure that the specifications are not exceeded:
(1) Research quotas set from a range of 0 to 3 percent of IOY.
(2) Commercial quotas, set after reductions for research quotas.
(3) The amount of Loligo and butterfish that may be retained,
possessed and landed by vessels issued the incidental catch permit
specified in Sec. 648.4(a)(5).
(4) Commercial minimum fish sizes.
(5) Commercial trip limits.
(6) Commercial seasonal quotas/closures for Loligo and Illex.
(7) Minimum mesh sizes.
(8) Commercial gear restrictions.
(9) Recreational harvest limit, set after reductions for research
quotas.
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(10) Recreational minimum fish size.
(11) Recreational possession limits.
(12) Recreational season.
(d) Annual fishing measures. (1) The Squid, Mackerel, and Butterfish
Committee will review the recommendations of the Monitoring Committee.
Based on these recommendations and any public comment received thereon,
the Squid, Mackerel, and Butterfish Committee must recommend to the
MAFMC appropriate specifications and any measures necessary to assure
that the specifications will not be exceeded. The MAFMC will review
these recommendations and, based on the recommendations and any public
comment received thereon, must recommend to the Regional Administrator
appropriate specifications and any measures necessary to assure that the
specifications will not be exceeded. The MAFMC's recommendations must
include supporting documentation, as appropriate, concerning the
environmental, economic, and social impacts of the recommendations. The
Regional Administrator will review the recommendations and, on or about
November 1 of each year, will publish notification in the Federal
Register proposing specifications and any measures necessary to assure
that the specifications will not be exceeded and providing a 30-day
public comment period. If the proposed specifications differ from those
recommended by the MAFMC, the reasons for any differences must be
clearly stated and the revised specifications must satisfy the criteria
set forth in this section. The MAFMC's recommendations will be available
for inspection at the office of the Regional Administrator during the
public comment period. If the annual specifications for squid, mackerel,
and butterfish are not published in the Federal Register prior to the
start of the fishing year, the previous year's annual specifications,
excluding specifications of TALFF, will remain in effect. The previous
year's specifications will be superceded as of the effective date of the
final rule implementing the current year's annual specifications.
(2) On or about December 15 of each year, the Assistant
Administrator will make a final determination concerning the
specifications for each species and any measures necessary to assure
that the specifications will not be exceeded contained in the Federal
Register notification. After the Assistant Administrator considers all
relevant data and any public comments, notification of the final
specifications and any measures necessary to assure that the
specifications will not be exceeded and responses to the public comments
will be published in the Federal Register. If the final specification
amounts differ from those recommended by the MAFMC, the reason(s) for
the difference(s) must be clearly stated and the revised specifications
must be consistent with the criteria set forth in paragraph (b) of this
section.
(e) Distribution of annual Loligo squid commercial quota. (1)
Beginning January 1, 2001, a commercial quota will be allocated annually
for Loligo squid into quarterly periods, based on the following
percentages:
------------------------------------------------------------------------
Quarter Percent
------------------------------------------------------------------------
I-January-March............................................... 33.23
II-April-June................................................. 17.61
III-July-September............................................ 17.30
IV-October-December........................................... 31.86
------------------------------------------------------------------------
(2) Beginning January 1, 2001, any overages of commercial quota
landed from Quarter I will be subtracted from Quarter III and any
overages of commercial quota landed from Quarter II will be subtracted
from Quarter IV.
(f) Distribution of annual Loligo squid commercial quota. (1)
Beginning January 1, 2001, a commercial quota will be allocated annually
for Loligo squid into quarterly periods, based on the following
percentages:
------------------------------------------------------------------------
Quarter Percent
------------------------------------------------------------------------
I--January-March............................................. 33.23
II--April-June............................................... 17.61
III--July-September.......................................... 17.30
IV--October-December......................................... 31.86
------------------------------------------------------------------------
(2) Beginning January 1, 2001, any overages of commercial quota
landed from Quarter I will be subtracted from Quarter III and any
overages of commercial quota landed from Quarter II will be subtracted
from Quarter IV.
(3) Beginning January 1, 2002, if commercial landings in Quarter I
are determined to be less than 70 percent of the Quarter I quota
allocation, any remaining Quarter I quota that is less
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than 70 percent will be reallocated to Quarter III (e.g., if the Quarter
I quota was 100,000 lb (220,462 kg) and 50,000 lb (110,231 kg) was
landed, then the remaining Quarter I quota, up to 70 percent, or 20,000
lb (44,092 kg), would be reallocated to Quarter III. A balance of 30
percent, or 30,000 lb (66,139 kg), would remain in Quarter I).
(g) Research quota. Prior to the Council's quota-setting meetings:
(1) NMFS will publish a Request for Proposals (RFP) in the Federal
Register, consistent with procedures and requirements established by the
NOAA Grants Office, to solicit proposals from industry for the upcoming
fishing year, based on research priorities identified by the Council.
(2) NMFS will convene a review panel including the Council's
Comprehensive Management Committee, as well as technical experts, to
review proposals submitted in response to the RFP.
(i) Each panel member will recommend which research proposals should
be authorized to utilize research quota, based on the selection criteria
described in the RFP.
(ii) The Regional Administrator and the NOAA Grants Office will
consider each panel member's recommendation, provide final approval of
the projects and exempt selected vessel(s) from regulations specified in
each of the respective FMPs through written notification to the project
proponent.
(3) The grant awards approved under the RFPs will be for the
upcoming fishing year. Proposals to fund research that would start prior
to, or that would end after the fishing year, will not be eligible for
consideration. All research and/or compensation trips will have to be
completed within the fishing year for which the research grant was
awarded.
(4) Research projects will be conducted in accordance with
provisions approved and provided in an Exempted Fishing Permit (EFP)
issued by the Regional Administrator.
(5) If a proposal is disapproved by the Regional Administrator or
the NOAA Grants Office, the Regional Administrator will reallocate the
disapproved research quota to the respective commercial and recreational
fisheries during the proposed rule comment period for the annual
specifications.
(6) Vessels participating in approved research projects may be
exempted from certain management measures by the Regional Administrator,
provided that one of the following analyses of the impacts associated
with the exemptions is provided:
(i) The analysis of the impacts of the requested exemptions is
included as part of the annual quota specification packages submitted by
the Council; or
(ii) For proposals that require exemptions that extend beyond the
scope of the analysis provided by the Council, applicants may be
required to provide additional analysis of impacts of the exemptions
before issuance of an EFP will be considered, as specified in the EFP
regulations at Sec. 648.745(b).
[61 FR 34968, July 3, 1996, as amended at 62 FR 8637, Feb. 26, 1997; 64
FR 57593, Oct. 26, 1999; 65 FR 16345, Mar. 28, 2000; 65 FR 55927, Sept.
15, 2000; 66 FR 13028, Mar. 2, 2001; 66 FR 35566, July 6, 2001; 66 FR
42159, Aug. 10, 2001; 67 FR 3627, Jan. 25, 2002; 67 FR 44394, July 2,
2002]