Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; 2000 Specifications

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 991228354-9354-01; I.D. No. 111299C]

RIN 0648-AM49

Fisheries of the Northeastern United States; Atlantic Mackerel,

Squid, and Butterfish Fisheries; 2000 Specifications

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed 2000 initial specifications; request for comments.

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SUMMARY: NMFS proposes initial specifications for the 2000 fishing year

for the Atlantic mackerel, squid, and butterfish (MSB) fisheries. This

action also announces a proposed inseason adjustment to the 2000

mackerel joint venture processing (JVP) annual specifications, a

proposal to allocate the domestic annual harvest (DAH) for Loligo squid

into three 4-month periods, and a proposal to prohibit the use of any

combination of mesh or liners that effectively decreases the mesh size

below the minimum mesh size of 1\7/8\ in (48 mm). Regulations governing

these fisheries require NMFS to publish specifications for the 2000

fishing year and management measures to assure

[[Page 432]]

that the specifications are not exceeded and to provide an opportunity

for public comment. The intent of this action is to fulfill these

requirements and to promote the development and conservation of the MSB

resources.

DATES: Comments must be received at the appropriate address or fax

number (See ADDRESSES), no later than 5:00 p.m., eastern standard time,

on February 4, 2000.

ADDRESSES: Comments on the proposed specifications should be sent to:

Patricia A. Kurkul, Regional Administrator, Northeast Region Office,

NMFS, One Blackburn Drive, Gloucester, MA 01930-2298. Please mark the

envelope, ``Comments-2000 MSB Specifications.'' Comments also may be

sent via facsimile (fax) to 978-281-9135. Comments will not be accepted

if submitted via e-mail or Internet. Copies of supporting documents

used by the Mid-Atlantic Fishery Management Council, including the

Environmental Assessment and Regulatory Impact Review/Initial

Regulatory Flexibility Analysis (IRFA), are available from: Daniel

Furlong, Executive Director, Mid-Atlantic Fishery Management Council,

Room 2115, Federal Building, 300 South New Street, Dover, DE 19904-

6790.

FOR FURTHER INFORMATION CONTACT: Paul H. Jones, Fishery Policy Analyst

(978) 281-9273, fax 978-281-9135, e-mail [email protected].

SUPPLEMENTARY INFORMATION: Regulations implementing the Fishery

Management Plan for Atlantic Mackerel, Squid, and Butterfish Fisheries

(FMP) prepared by the Mid-Atlantic Fishery Management Council (Council)

appear at 50 CFR part 648. These regulations require that NMFS, based

on the maximum optimum yield (Max OY) of each fishery as established by

the regulations, publish a proposed rule specifying the initial annual

amounts of the initial optimum yield (IOY) as well as the amounts for

allowable biological catch (ABC), domestic annual harvest (DAH),

domestic annual processing (DAP), joint venture processing (JVP), and

total allowable levels of foreign fishing (TALFF) for the affected

species managed under the FMP. The regulations also specify that there

will be no JVP or TALFF specified for Loligo, Illex, or butterfish,

except that a butterfish bycatch TALFF will be specified if TALFF is

specified for Atlantic mackerel. Procedures for determining the initial

annual amounts are found in Sec. 648.21.

Table 1 contains the proposed initial specifications for the 2000

Atlantic mackerel, Loligo and IlleX squids, and butterfish fisheries.

Table 1. Proposed Initial Annual Specifications, in Metric Tons (mt), for Atlantic Mackerel, Squid, and

Butterfish for the Fishing Year January 1, Through December 31, 2000

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

Squid

Specifications -------------------------------- Atlantic Butterfish

Loligo Illex Mackerel

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

Max OY.......................................... 26,000 24,000 \1\ N/A 16,000

ABC............................................. 13,000 24,000 347,000 7,200

IOY............................................. 13,000 24,000 \2\ 75,000 5,900

DAH............................................. 13,000 24,000 \3\ 75,000 5,900

DAP............................................. 13,000 24,000 50,000 0

JVP............................................. 0 0 \4\ 10,000 0

TALFF........................................... 0 0 .............. 0

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

\1\ Not applicable.

\2\ OY may be increased during the year, but the total ABC will not exceed 347,000 mt

\3\ Includes 15,000 mt of Atlantic mackerel recreational allocation.

\4\ JVP may be increased up to 15,000 mt at discretion of RA.

2000 Proposed Specifications

Atlantic Mackerel

Overfishing for Atlantic mackerel is defined by the FMP to occur

when the catch associated with a threshold fishing mortality rate (F)

of FMSY (where MSY is maximum sustainable yield) is

exceeded. When spawning stock biomass (SSB) is greater than 890,000

metric tons (mt), the overfishing limit is FMSY, F=0.45, and

the target F is (F=0.25). To avoid low levels of recruitment, the FMP

adopted a control rule whereby the threshold F decreases linearly from

0.45 at 890,000 mt SSB to zero at 225,000 mt SSB (\1/4\

BMSY), and the target F decreases linearly from 0.25 at

890,000 mt SSB to zero at 450,000 mt SSB (\1/2\ BMSY).

Annual quotas are specified that correspond to a target F according to

this control law.

Since SSB is currently above 890,000 mt, the target F is

F0.25. The yield associated with that target F is 369,000

mt. The ABC recommendation of 347,000 mt represents the F=0.25 yield

estimate of 369,000 mt, minus the estimated Canadian catch of 22,000

mt. The proposed IOY for the 2000 Atlantic mackerel fishery is set

equal to 75,000 mt, which is also equal to the proposed DAH plus TALFF.

The specification for DAH is computed by adding the estimated

recreational catch, the proposed DAP and JVP. The recreational

component of DAH is estimated to be 15,000 mt. DAP and JVP components

of DAH have historically been estimated using the Council's annual

processor survey. However, for the years 1994 through 2000, response to

this voluntary survey was low and did not contain projections from some

large, known processors. In addition, inquiries regarding the

utilization of displaced New England groundfish trawlers for possible

entry into the Atlantic mackerel fishery have led the Council to

recommend no change to the DAP for the 2000 fishery. While it is

generally agreed that joint ventures (JV) have had a positive impact on

the development of the U.S. Atlantic mackerel fishery, testimony from

the processing sector of the fishery indicate that market opportunities

for U.S. Atlantic mackerel are increasing. This assertion led to the

Council recommendation that JVP be set at 10,000 mt in 2000 (the same

JVP as 1999, but reduced from 15,000 mt in 1998 and 25,000 in 1997).

The Council position is that even though JV-caught mackerel could

negatively effect U.S. processing and exports, some specification of

JVP is necessary to support U.S. harvesters who are currently

constrained by the limited capacity of the U.S. processing sector. The

Council concluded that even though JVs are necessary in the short term,

the long-term policy should be to eliminate JVP to promote the

development of the U.S. processing and export industry for Atlantic

mackerel,

[[Page 433]]

which is one of the primary objectives of the current FMP.

The Council has recommended, and NMFS proposes, a specification of

10,000 mt of JVP for the 2000 fishery with a possible increase to

15,000 mt later in the year. If additional applications for JVP are

received, NMFS could increase this allocation to 15,000 mt by

publishing a notification in the Federal Register. The Council also

recommended and NMFS proposes a DAP of 50,000 mt yielding a DAH of

75,000 mt, which includes the 15,000 mt recreational component.

Zero TALFF is recommended by the Council for the 2000 Atlantic

mackerel fishery, and that recommendation is proposed by NMFS. The

Fisheries Act of 1995, Pub. L. 104-43, prohibits a specification of

TALFF unless recommended by the Council and proposed by NMFS. In 1992,

the Council based on testimony from both the domestic fishing and

processing industries and analysis of nine economic factors found at

Sec. 655.21(b)(2)(ii) determined that mackerel produced from directed

foreign fishing would directly compete with U.S. processed products,

thus limiting markets available to U.S. processors. The industry was

nearly unanimous in its assessment that a specification of TALFF would

impede the growth of the U.S. fishery. The Council sees no evidence

that would change this determination. Further, the Council believes

that an expanding mackerel market and uncertainty regarding world

supply, due to the economic and political restructuring in Eastern

Europe and recent declines in the North Sea mackerel stock, has

resulted in increased opportunities for U.S. producers to increase

sales to new markets abroad. The U.S. industry has been successful in

capturing an increased market share for mackerel in the Caribbean,

North Africa, and Japan over the past decade, and a number of factors

indicate that market expansion for U.S. Atlantic mackerel is likely to

continue. U.S. Atlantic mackerel stock abundance remains high. Also,

the low abundance of several important groundfish stocks in the Gulf of

Maine, southern New England, and on Georges Bank are causing continued

restrictions in fishing effort for those species. These factors

increase the need for many fishermen to redirect their efforts to

underutilized species. Atlantic mackerel is considered a prime

candidate for innovation in harvesting, processing, and marketing.

As a supplement to the quota paper for the 1993 and 1994 fisheries,

benefit-cost and sensitivity analyses were prepared by the Council and

NMFS. Results of the analyses indicated that in the long term a

specification of zero TALFF will yield positive benefits to the fishery

and to the Nation. In its 1998, 1999 and 2000 quota papers, the Council

provided additional analyses of the costs and benefits of directed

foreign fishing that indicated the conclusions reached in prior

analyses of zero TALFF have not changed.

The Council also recommended, and NMFS proposes, that four special

conditions imposed in previous years shall continue to be imposed on

the 2000 Atlantic mackerel fishery as follows: (1) JVs are allowed

south of 37 deg.30' N. latitude, but river herring bycatch may not

exceed 0.25 percent of the over-the-side transfers of Atlantic

mackerel; (2) the Regional Administrator should ensure that impacts on

marine mammals are reduced in the prosecution of the Atlantic mackerel

fishery; (3) the mackerel OY may be increased during the year, but the

total should not exceed 347,000 mt; and (4) applications from a

particular nation for a JV for 2000 will not be decided on until the

Regional Administrator determines, based on an evaluation of

performances, that the Nation's purchase obligations for previous years

have been fulfilled.

Atlantic Squids

Loligo

The FMP defines overfishing for Loligo as occurring when the catch

associated with a threshold of FMAX is exceeded

(FMAX is a proxy for FMSY). When an estimate of

FMSY becomes available, it will replace the current

overfishing proxy of FMAX. Max OY is specified as the catch

associated with a FMAX. In addition, the biomass target is

specified to equal BMSY.

The most recent stock assessment for Loligo (the 29th Northeast

Regional Stock Assessment Workshop, August 1999 (SAW-29)) concluded

that the stock is approaching an overfished condition and that

overfishing is occurring. More recently, NMFS' Report to Congress:

Status of Fisheries of the United States (October 1999) determined that

the Loligo stock is overfished. A production model indicated that

current biomass is less than BMSY, and near the biomass

threshold of 50 percent BMSY. There is a high probability

that F exceeded FMSY in 1998. The average F from the winter

fishery (October to March) over the last 5 years averaged 180 percent

of FMSY, and F from the summer fishery equaled

FMSY. In addition, recent indices of recruitment are well

below average.

The Magnuson-Stevens Fishery Conservation and Management Act

requires the Council to take remedial action to rebuild the stock to a

level that will produce MSY (BMSY) given the status

determination that Loligo is overfished. The control rule in the FMP

specifies that the target F must be reduced to zero if biomass falls

below 50 percent of BMSY. The target F increases linearly to

75 percent of FMSY as biomass increases to BMSY.

However, projections made in SAW-29 indicate that the Loligo control

rule appears to be overly conservative. The projections presented

demonstrate that the stock could be rebuilt in a relatively short

period of time, even at F values approaching FMSY.

Projections indicate that the Loligo biomass can be rebuilt to levels

approximating BMSY in 3 to 5 years if F is reduced to 90

percent of FMSY. The yield associated with this F (90

percent of FMSY) in 2000, assuming status quo F in 1999, was

estimated to be 13,000 mt based on projections from SAW-29. The

establishment of 4-month periods spreads F out over the year and is

expected to protect spawners. The current regulations still specify Max

OY as the yield associated with FMAX, or 26,000 mt.

In determining the specification of ABC for the year 2000, the

Council considered the SAW-29 projections. Based on these analyses, the

Council chose to specify ABC as the yield associated with 90 percent of

FMSY, or 13,000 mt.

Thus, the proposed Max OY for Loligo is 26,000 mt and the

recommended ABC for the 2000 fishery is 13,000 mt, representing a

decrease of 8,000 mt from the 1999 ABC of 21,000 mt. This new level of

ABC is based on the recommendation of SAW-29 and is determined to be a

level that would allow the Loligo stock to rebuild to levels at or near

BMSY within 3 to 5 years.

Distribution of Annual Loligo Quota by Three 4-Month Periods

The Council recommended and NMFS proposes an IOY of 13,000 mt,

which is equal to ABC. Management advice from SAW-29 also made special

note of the fact that yield from this fishery should be distributed

throughout the fishing year. Given that the current permitted fleet

historically has demonstrated the ability to land Loligo in excess of

the quota specified for 2000, the Council recommends, and NMFS

proposes, that the annual quota be sub-divided into three different 4-

month quota periods. The quota would be allocated to each period based

on the proportion of landings occurring in each

[[Page 434]]

4-month period from 1994-1998. The directed fishery during the first

two 4-month periods would be closed when 90 percent of the amount

allocated to the period was landed, and a trip limit of 2,500 lb (1,134

kg) would remain in effect until that quota period ends. Any underages

from 4-month period I or II will be applied to the subsequent 4-month

period and overages will be deducted from 4-month period III.

Similarly, the directed fishery would be closed in 4-month period III

when 95 percent of the annual quota has been taken. The intent of the

Council is for the fishery to operate at the 2,500 lb (1,134 kg) trip

limit level for the remainder of the quota period III. The quota,

allocated by 4-month periods, is shown in Table 2.

Table 2.--Loligo 4-Month Period Allocations

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

4-Month Period Percent Metric tons

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

I (Jan-Apr)................................... 42 5,460

II (May-Aug).................................. 18 2,340

III (Sep-Dec)................................. 40 5,200

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

Total....................................... 100 13,000

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

In Amendment 5 to the FMP, the Council concluded that U.S. vessels

have the capacity to, and will harvest the OY on an annual basis, so

DAH equals OY. The Council also concluded that U.S. fish processors, on

an annual basis, can process that portion of the OY that will be

harvested by U.S. commercial fishing vessels, so DAP equals DAH and JVP

equals zero. Since U.S. fishing vessels have the capacity to harvest

and will attempt to harvest the entire OY, there is no portion of the

OY that can be made available for foreign fishing, so TALFF equals

zero. These determinations were made in Amendment 5 to the FMP. The

proposed values of IOY, DAH, and DAP equal 13,000 mt for the 2000

Loligo fishery, and represent a reduction of 8,000 mt from the final

1999 Loligo IOY/DAH/DAP specifications.

Loligo Gear Requirements

In addition to the quota specifications summarized here, the

Council also recommended, and NMFS proposes, that additional language

be added to the regulations pertaining to gear requirements in the

Loligo fishery. Industry members testified before the Council that some

fishermen may be rigging the inner portion of the codends used in the

Loligo fishery in a manner that alters the intended selective

properties of the regulated mesh size (1\7/8\ in (48 mm)) by using an

inner codend of substantially greater circumference than the outer

portion of the codend (i.e., the strengthener). The Council

recommended, and NMFS proposes, to remedy this situation by adding the

following language to the mesh restriction section of the regulations

governing the Loligo fishery: ``The inside webbing of the codend shall

be the same circumference or less than the outside webbing

(strengthener). In addition, the inside webbing shall not be more than

2 ft (61 cm) longer than the outside webbing.'' The addition of this

language should greatly improve enforcement of the mesh requirements in

the Loligo fishery.

Illex

The Max OY for IlleX squid is 24,000 mt. The Council recommended,

and NMFS proposes, an ABC of 24,000 mt, which is equal to the quota

associated with FMSY. Amendment 8 also changed the

definitions of overfishing for IlleX squid. The approved overfishing

definition for IlleX is, ``Overfishing for IlleX will be defined to

occur when the catch associated with a threshold fishing mortality rate

of FMSY is exceeded * * *. Maximum OY will be specified as

the catch associated with a fishing mortality rate of FMSY.

In addition, the biomass target is specified to equal BMSY.

The minimum biomass threshold is specified as \1/2\ BMSY.''

The most recent assessment of the IlleX stock (SAW-29) concluded

that the stock is not in an overfished condition and that overfishing

is not occurring. The previous assessment, the 21st Northeast Regional

Stock Assessment (1996), had concluded that the U.S. IlleX stock is

fully-exploited. Due to a lack of adequate data, the estimate of yield

at FMSY was not updated in SAW-29. However, an upper bound

on annual F was computed for the U.S. exclusive economic zone (EEZ)

portion of the stock based on a model that incorporated weekly landings

and relative fishing effort and mean squid weights during 1994-1998.

These estimates of F were well below the biological reference points.

Current absolute stock size is unknown and no stock projections were

done in SAW-29.

Since data limitations did not allow an update of yield estimates

at the threshold and target F values, the Council recommended, and NMFS

proposes, that the specification of MAX OY and ABC be specified at

24,000 mt (yield associated with FMSY). Under this option,

the directed fishery for IlleX would remain open until 95 percent of

ABC is taken (22,800 mt). When 95 percent of ABC is taken, the directed

fishery would be closed and a 5,000-lb (2,268-kg) trip limit would

remain in effect for the remainder of the fishing year. As in the case

of Loligo, Amendment 5 eliminated the possibility of JVP and TALFF for

the IlleX fishery.

Butterfish

The FMP sets OY for butterfish at 16,000 mt. Based on the most

current stock assessment, the Council recommends, and NMFS proposes, an

ABC of 7,200 mt for the 2000 fishery, representing no change in the

specifications since 1996. Commercial landings of butterfish have been

low at 3,489 mt, 2,798 mt, and 1,964 mt for the 1996 through 1998

fisheries, respectively. Lack of market demand and the difficulty in

locating schools of market size fish have caused severe reductions in

the supply of butterfish. Discard data from the offshore fishery are

lacking and high discard rates could be reducing potential yield.

The Council recommended and NMFS proposes an IOY and DAH for

butterfish of 5,900 mt. Amendment 5 eliminated the possibility of JVP

or TALFF specifications for butterfish except for a bycatch TALFF

specification if TALFF is specified for Atlantic mackerel. However,

since the Council recommended, and NMFS proposes, no TALFF for Atlantic

mackerel, no bycatch TALFF is necessary for butterfish.

Classification

This action is authorized by 50 CFR part 648 and complies with the

National Environmental Policy Act.

This proposed rule has been determined to be not significant for

purposes of E.O. 12866.

The Council prepared an IRFA in section 5.0 of the RIR that

describes the economic impacts this proposed rule, if adopted, would

have on small entities. A description of the action, why it is being

considered, and the legal basis for this action are contained at the

beginning of this section of the preamble and in the SUMMARY section of

the preamble. A summary of the analysis follows:

The IRFA examines the proposed specifications and several

alternatives. The Council has identified the number of potential

fishing vessels in the 2000 fisheries as 443 vessels fishing for

Loligo, 77 vessels fishing for IlleX, 443 vessels fishing for

butterfish, and 1980 vessels fishing for Atlantic mackerel. Many

vessels participate in more than one of these fisheries; therefore, the

numbers are not additive. For Atlantic mackerel, the proposed ABC

specifications of 347,000 mt and DAH of 75,000 mt, and the proposed

Illex squid

[[Page 435]]

DAH specifications of 24,000 mt, and the proposed butterfish DAH

specifications of 5,900 mt, represent no constraint on vessels in these

fisheries. There exists a surplus between the proposed specifications

and the actual landings for these species in recent years. Absent a

constraint on the fisheries, no impacts on revenues are expected. The

proposed reduction in the Loligo quota in 2000 from 21,000 mt to 13,000

mt would represent an 18-percent reduction in landings compared to the

average last three (1996-1998) landings. This reduction may result in a

5-10 percent revenue reduction (all species combined) for 121 of 443

vessels that reported landing Loligo in 1997. The remaining vessels

(322) are expected to experience a reduction of less than 5 percent.

The alternative action for Atlantic mackerel would be to set the

2000 specifications at the same level as 1999 (ABC=382,000 mt).

Although it was rejected as inconsistent with the FMP, this alternative

would also place no constraints, and consequently no revenue impacts,

on the fishery. The second alternative for mackerel was to set ABC at

the long-term potential catch, or 134,000 mt. This alternative was

found inconsistent with the FMP and would not impact the IOY

specifications. The last alternative considered for mackerel included

the elimination of JVP, which would lower the specification of IOY to

65,000 mt, also far in excess of recent landings. Both of these

alternatives would not constrain the fishery and were determined to

have no impact on revenues of participants in this fishery.

For Loligo, an alternative ABC, DAH, DAP, and IOY of 11,700 mt

would represent a 26 percent reduction in 1996-1998 average landings.

Under this scenario 161 of the 443 impacted vessels would experience

revenue reductions of greater than 5 percent. The remaining 282 vessels

would experience less than 5 percent reduction in revenue.

For IlleX, an alternative Max OY, ABC, IOY, DAH, and DAP of 30,000

mt far exceed recent landings in this fishery. Therefore, there would

be no constraints, and thus no revenue reductions, associated with

these specifications. For butterfish, the Council considered a DAH, OY,

and Max OY of 16,000 mt and a DAH and OY of 10,000 mt. Since both such

specifications would be hazardous to the health of the stock, the

Council rejected these alternatives that would also not constrain or

impact the industry.

This rule also proposes to prohibit the use of any combination of

mesh or liners in the Loligo fishery that effectively decreases the

mesh size below the minimum mesh size of 1\7/8\ in (48 mm). The

addition of language to the mesh restriction section of the regulations

governing the Loligo fishery will remedy the present situation of

rigging the inner portion of the codends in a manner that alters the

intended selective properties of the regulated mesh size by using an

inner codend of substantially greater circumference than the outer

portion of the codend. This prohibition should greatly improve

enforcement of the mesh requirements in the Loligo fishery compared

with the status quo alternative and will not adversely impact any small

entity that is not circumventing the mesh size regulations by using a

larger codend.

This proposed rule does not duplicate, overlap, or conflict with

other Federal rules. There are no recordkeeping or reporting

requirements associated with this rule.

The RIR/IRFA is available from the Council (see ADDRESSES).

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Reporting and recordkeeping requirements.

Dated: December 29, 1999.

Andrew A. Rosenberg,

Deputy Assistant Administrator for Fisheries, National Marine Fisheries

Service.

For the reasons set out in the preamble, 50 CFR part 648 is

proposed to be amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

1. The authority citation for part 648 continues to read as

follows:

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

2. In Sec. 648.21, paragraph (e) is added to read as follows:

Sec. 648.21 Procedures for determining initial annual amounts.

* * * * *

(e) Distribution of Annual Commercial Quota. (1) Beginning January

1, 2000, a commercial quota will be allocated annually into three

periods, based on the following percentages:

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

Period Percent

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

I--January-April........................................... 42

II--May-August............................................. 18

III--September-December.................................... 40

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

(2) Beginning January 1, 2000, any underages of commercial period

quota landed from Periods I and II will be applied to Period III and

any overages of commercial quota landed from Periods I and II will be

subtracted from Period III.

3. In Sec. 648.22, paragraph (a) is revised as follows:

Sec. 648.22 Closure of the fishery.

(a) General. The Assistant Administrator shall close the directed

mackerel fishery in the EEZ when U.S. fishermen have harvested 80

percent of the DAH of that fishery if such closure is necessary to

prevent the DAH from being exceeded. The closure shall remain in effect

for the remainder of the fishing year, with incidental catches allowed

as specified in paragraph (c) of this section, until the entire DAH is

attained. When the Regional Administrator projects that DAH will be

attained for mackerel, the Assistant Administrator shall close the

mackerel fishery in the EEZ, and the incidental catches specified for

mackerel in paragraph (c) of this section will be prohibited. The

Assistant Administrator shall close the directed fishery in the EEZ for

Loligo when 90 percent is harvested in Periods I and II, and when 95

percent of DAH has been harvested in Period III. The Assistant

Administrator shall close the directed fishery in the EEZ for IlleX or

butterfish when 95 percent of DAH has been harvested. The closure of

the directed fishery shall be in effect for the remainder of the

fishing year with incidental catches allowed as specified in paragraph

(c) of this section.

* * * * *

4. In Sec. 648.23, paragraph (c) is revised to read as follows:

Sec. 648.23 Gear restrictions.

* * * * *

(c) Mesh obstruction or constriction. The owner or operator of a

fishing vessel shall not use any combination of mesh or liners that

effectively decreases the mesh size below the minimum mesh size, except

that a liner may be used to close the opening created by the rings in

the rearmost portion of the net, provided the liner extends no more

than 10 meshes forward of the rearmost portion of the net. The inside

webbing of the codend shall be the same circumference or less than the

outside webbing (strengthener). In addition, the inside webbing shall

not be more than 2 ft (61 cm) longer than the outside webbing.

* * * * *

[FR Doc. 00-119 Filed 1-4-00; 8:45 am]

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