Rule2021-15538
Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Specifications
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Published
July 22, 2021
Effective
July 22, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS sets new 2021 and projected specifications for fishing year 2022 butterfish and Illex squid, while maintaining the current longfin squid and Atlantic mackerel specifications for 2021 and projected for 2022-2023. This action also adjusts the dealer reporting requirement and adjusts the closure threshold for the Illex squid fishery to avoid overages. This action is required to ensure that specifications for these fisheries is based on the best scientific information available. These specifications are intended to promote the sustainable utilization and conservation of the mackerel, squid, and butterfish resources. Additionally, this action reaffirms previously approved Atlantic chub mackerel specifications for 2021-2022.
Full Text
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<title>Federal Register, Volume 86 Issue 138 (Thursday, July 22, 2021)</title>
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[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Rules and Regulations]
[Pages 38586-38588]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15538]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 210716-0148]
RIN 0648-BK59
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.
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SUMMARY: NMFS sets new 2021 and projected specifications for fishing
year 2022 butterfish and Illex squid, while maintaining the current
longfin squid and Atlantic mackerel specifications for 2021 and
projected for 2022-2023. This action also adjusts the dealer reporting
requirement and adjusts the closure threshold for the Illex squid
fishery to avoid overages. This action is required to ensure that
specifications for these fisheries is based on the best scientific
information available. These specifications are intended to promote the
sustainable utilization and conservation of the mackerel, squid, and
butterfish resources. Additionally, this action reaffirms previously
approved Atlantic chub mackerel specifications for 2021-2022.
DATES: Effective July 22, 2021.
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 on the Mid-Atlantic
Fishery Management Council's website, or 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.
FOR FURTHER INFORMATION CONTACT: Aly Pitts, Fishery Management
Specialist, (978) 281-9352.
SUPPLEMENTARY INFORMATION:
Background
The regulations implementing the Mackerel, Squid, and Butterfish
Fishery Management Plan (FMP) require the Mid-Atlantic Fishery
Management Council's Mackerel, Squid, and Butterfish Monitoring
Committee to develop specification recommendations for each species
based upon the acceptable biological catch (ABC) advice of the
Council's Scientific and Statistical Committee (SSC). The FMP
regulations also require the specification of annual catch limits (ACL)
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. The regulations for squid require the
specification of domestic annual harvest (DAH), the butterfish
mortality cap in the longfin squid fishery, and initial optimum yield
(IOY) for both squid species.
[[Page 38587]]
On May 26, 2021 (86 FR 28323), we published a proposed rule in the
Federal Register seeking public comment on setting new 2021 and
projected specifications for fishing year 2022 butterfish and Illex
squid, while maintaining the current longfin squid and Atlantic
mackerel specifications for 2021 and projected for 2022-2023, in
addition to adjusting the dealer reporting requirement and adjusts the
closure threshold for the Illex squid fishery to avoid overages. The
proposed rule for this action included additional background on
specifications and the details of how the Council derived its
recommended specifications for Atlantic mackerel, Illex squid, longfin
squid, and butterfish. Those details are not repeated here. For
additional information, please refer to the proposed rule for this
action.
Following the publication of the proposed rule, the Council
requested that we increase the Illex squid 2021-2022 ABC from 30,000 mt
ABC to 33,000 mt, as recommended by the SSC. At its May 2021 meeting,
the SSC recommended this revised ABC based on updated information,
including patterns that suggest an increase in abundance, low levels of
exploitation, and catches that have been constrained by existing ABCs
for the last 4 years. The SSC is confident that the Illex stock is at a
high level of abundance and experiencing a low exploitation rate. This
increase was within the range of alternatives considered and analyzed
in the EA for this action, and the public had the opportunity to
comment on this increase at the May 2021 Monitoring Committee meeting,
the May 2021 SSC meeting, and the June 2021 Council meeting.
2021-2022 Atlantic Mackerel Specifications
The original 2021 Atlantic mackerel ABC recommended by the SSC for
Framework 13 (84 FR 58053; October 30, 2019) was based on projections
that recognized a strong 2015 year class in the assessment results. At
its July 2020 meeting, the SSC considered preliminary results from the
2019 Canadian Atlantic mackerel assessment, which indicated lower than
expected recruitment. As a result, the SSC recommended maintaining the
more conservative 2020 ABC for 2021. This action maintains the 2020
mackerel specifications outlined in Table 1 for 2021. These
specifications also maintain the 129-mt river herring and shad catch
cap. There was an Atlantic mackerel management track assessment June
2021 that will inform future ABC specifications once the final report
and results are available.
Table 1--Atlantic Mackerel Final 2021 and Projected 2022 Specifications
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Specification 2021-2022
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Overfishing Limit (OFL)................................. NA
ABC..................................................... 29,184
Canadian Deduction...................................... 10,000
U.S. ABC................................................ 19,184
Recreational Allocation................................. 1,270
Commerical Allocation................................... 17,914
Management Uncertainty Buffer (3 percent)............... 537
Commercial Annual Catch Target.......................... 17,377
DAH..................................................... 17,312
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2021-2022 Longfin Squid Specifications
This action maintains the 2020 longfin squid ABC of 23,400 mt for
2021-2022. The background for this ABC is discussed in the proposed
rule to implement the 2018-2020 squid and butterfish specifications (82
FR 58583; December 13, 2017) and is not repeated here. The IOY, DAH,
and domestic annual processing (DAP) are calculated by deducting an
estimated discard rate (2.0 percent) from the ABC (Table 2). This
action also maintains the existing allocation of longfin squid DAH
among trimesters according to percentages specified in the FMP (Table
3). The Council will review these specifications during its annual
specifications process following annual data updates each spring, and
may change its recommendation for 2022 if new information is available.
Table 2--Longfin Squid Final 2021 and Projected 2022 Specifications
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Specification Metric tons
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OFL..................................... Unknown.
ABC..................................... 23,400.
IOY..................................... 22,932.
DAH/DAP................................. 22,932.
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Table 3--Longfin Quota Trimester Allocations Final 2021 and Projected
2022 Specifications
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Metric
Trimester Percent tons
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I (Jan-Apr)....................................... 43 9,861
II (May-Aug)...................................... 17 3,898
III (Sep-Dec)..................................... 40 9,173
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2021-2022 Butterfish Specifications
This action sets the 2021-2022 butterfish specifications as
outlined in Table 4, which are a 72-percent reduction from 2020. The
2020 butterfish management track assessment found butterfish to be not
overfished with no overfishing occurring in 2019, but if the full ABC
had been caught, projections suggest overfishing would have occurred
and the stock would have become overfished. While butterfish
recruitment is variable, it has been declining since 1999 with
historically low recruitment in recent years. The 2021-2022 butterfish
specifications use the Council's risk policy at the time and the SSC's
assignment of a 100-percent coefficient of variation to the projected
OFL. These specifications maintain the existing butterfish mortality
cap in the longfin squid fishery of 3,884 mt and the existing
allocation of the butterfish mortality cap among longfin squid
trimesters (Table 5).
Table 4--Butterfish Final 2021 and Projected 2022 Specifications in
Metric Tons
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Specification 2021 2022
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OFL............................................... 22,053 24, 341
ABC............................................... 11,993 17,854
ACT............................................... 11,393 16,961
Assumed discards.................................. 637 637
Total discards.................................... 5,043 5,466
Butterfish cap in longfin fishery................. 3,884 3,884
DAH............................................... 6,350 11,495
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Table 5--2021 Trimester Allocation of Butterfish Mortality Cap on the
Longfin Squid Fishery
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Metric
Trimester Percent tons
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I (Jan-Apr)....................................... 43 1,670
II (May-Aug)...................................... 17 660
III (Sep-Dec)..................................... 40 1,554
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Total......................................... 100 3,844
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2021-2022 Illex Squid Specifications
Consistent with the Council's June 2021 recommendation, NMFS
adjusts the 2021 Illex squid ABC from 30,000 mt to 33,000 mt. Based on
the SSC's recommendation, the Council recommended that the ABC be
reduced by the discard rate of 4.61 percent, a change from the status
quo discard rate of 4.52 percent, due to updated data that will be used
in the 2022 Illex Squid Research Track Assessment. Using the updated
discard rate results in a 2021-2022 IOY, DAH, and DAP of 31,478 mt
(Table 6). The Council will review this decision during its annual
specifications process following annual data updates each spring, and
may change its
[[Page 38588]]
recommendations for 2022 if new information is available.
Table 6--Illex Squid Final 2021 and Projected 2022 Specifications in
Metric Ton
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OFL..................................................... Unknown
ABC..................................................... 33,000
IOY..................................................... 31,478
DAH/DAP................................................. 31,478
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Illex Squid In-Season Management Measures
This action modifies the current weekly reporting for commercial
dealers after July 15 to a 48-hour reporting requirement for accurate
landings monitoring during the fishing season. This action also
modifies the closure threshold from 95 percent to 94 percent. Both
measures are designed to help avoid quota overages, which occurred in
2018 and 2019.
Reaffirmation of 2021-2022 Atlantic Chub Mackerel Specifications
Amendment 21 to the FMP previously implemented chub mackerel
specifications for the 2020-2022 fishing years. The Council reevaluated
these specifications at its October 2020 meeting and decided to make no
adjustments for the 2021-2022 fishing years. This action reaffirms the
previously implemented specifications.
Table 7--Reaffirmed Atlantic Chub Mackerel Final 2021 and Projected 2022
Specifications Specifications in Metric Tons
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Specification 2021-2022
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ABC..................................................... 2,300
Annual Catch Limit (ACL)................................ 2,262
Annual Catch Target..................................... 2,171
Total Allowable Landings................................ 2,041
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Comments
We received four comments on the proposed rule; one comment from
the MAFMC, one from a commercial fishing industry member, and two from
environmental organizations. The MAFMC and commercial fishing industry
member recommended we increase the Illex squid ABC. We are increasing
the Illex squid ABC from 30,000 mt to 33,000 mt in this action based on
updated information considered by the Council. The two environmental
organizations mentioned the poor stock status of Atlantic mackerel in
Canada and the actions Fisheries and Oceans Canada has taken to manage
mackerel. The Council will be addressing Atlantic mackerel management
at its meeting in August 2021, following the updated management track
assessment and the July SSC meeting.
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.
There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day
delay in effective date. The start of the fishing year began on January
1, 2021. This rule increases the Illex squid ABC and adjusts the
reporting requirements and in-season closure trigger to avoid another
overage. A delay in implementing final measures would prevent the
economic benefits from this rule from being realized and prevent
achieving optimal yield in the summer fishing season. In addition, this
rule reduces the butterfish ABC below the current specifications based
on a recent butterfish stock assessment. Past performance suggests that
this will not limit the fishery as recent landings have been lower than
the reduced ABC, but there remains a risk of overages with the fishery
operating under the current higher specifications. Therefore, it is in
the public interest to implement this final action as soon as possible.
This final rule has been determined to be not significant for
purposes of 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.
This final rule does not contain a change to a collection of
information requirement for purposes of the Paperwork Reduction Act of
1995. The existing collection of information requirements would
continue to apply under the following OMB Control Number: 0648-0229.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: July 16, 2021.
Carrie Robinson,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is amended
as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.7, add paragraph (f)(1)(ii) to read as follows:
Sec. 648.7 Recordkeeping and reporting requirements.
* * * * *
(f) * * *
(1) * * *
(ii) From July 15 through December 31, dealer or processor reports
documenting Illex squid landings greater than 10,000 pounds (4.5 mt)
must be received with 48 hours of landing.
* * * * *
0
3. In Sec. 648.24, revise paragraph (a)(2) to read as follows:
Sec. 648.24 Fishery closures and accountability measures.
(a) * * *
(2) Illex. NMFS shall close the directed Illex fishery in the EEZ
when the Regional Administrator projects that 94 percent of the Illex
DAH is harvested. The closure of the directed fishery shall be in
effect for the remainder of that fishing period, with incidental
catches allowed as specified at Sec. 648.26.
* * * * *
[FR Doc. 2021-15538 Filed 7-21-21; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on July 22, 2021.
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