Rule2021-22458
Fisheries of the Northeastern United States; Atlantic Mackerel; Incidental Possession Limit Implemented for the Remainder of 2021
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 15, 2021
Effective
October 15, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is implementing a catch limit of 5,000 lb (2,268 kg) for all Atlantic mackerel permit holders for the remainder of the 2021 fishing year. This action is intended to reduce potential Atlantic mackerel overfishing based on new 2021 assessment findings.
Full Text
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<title>Federal Register, Volume 86 Issue 197 (Friday, October 15, 2021)</title>
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[Federal Register Volume 86, Number 197 (Friday, October 15, 2021)]
[Rules and Regulations]
[Pages 57376-57377]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-22458]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 210716-0148; RTID 0648-XB394]
Fisheries of the Northeastern United States; Atlantic Mackerel;
Incidental Possession Limit Implemented for the Remainder of 2021
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule.
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SUMMARY: NMFS is implementing a catch limit of 5,000 lb (2,268 kg) for
all Atlantic mackerel permit holders for the remainder of the 2021
fishing year. This action is intended to reduce potential Atlantic
mackerel overfishing based on new 2021 assessment findings.
DATES: Effective October 15, 2021, through December 31, 2021.
ADDRESSES: The supporting documents for the action are available upon
request from Dr. Christopher M. Moore, Executive Director, Mid-Atlantic
Fishery Management Council, Suite 201, 800 N State Street, Dover, DE
19901. These documents are also accessible via the internet at <a href="http://www.mafmc.org">http://www.mafmc.org</a>.
FOR FURTHER INFORMATION CONTACT: Aly Pitts, Fishery Management
Specialist, (978) 281-9352.
SUPPLEMENTARY INFORMATION:
Background
The Mid-Atlantic Fishery Management Council manages the Atlantic
mackerel fishery under the Mackerel, Squid, and Butterfish (MSB)
Fishery Management Plan (FMP). Section 302(g)(1)(B) of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act)
states that the Scientific and Statistical Committee (SSC) for each
regional fishery management council shall provide its Council ongoing
scientific advice for fishery management decisions, including
recommendations for acceptable biological catch (ABC), preventing
overfishing, ensuring maximum sustainable yield, and achieving
rebuilding targets. The ABC is a level of catch that accounts for the
scientific uncertainty in the estimate of the stock's defined
overfishing level (OFL). The regulations implementing the MSB FMP
require the Council's MSB Monitoring Committee to develop specification
recommendations for each species based upon the ABC advice of the
Council's SSC. The regulations at 50 CFR 648.22(e) allow the Regional
Administrator, in consultation with the Council, to adjust
specifications, including possession limits, during the fishing year.
At its July 2021 meeting, the Council's SSC reviewed the 2021
management track assessment results, which concluded that Atlantic
mackerel remains overfished and overfishing is occurring. To date, the
U.S. commercial fishery has landed over 5,200 mt of Atlantic mackerel
during 2021. Combined with an estimated 4,000 mt of Canadian catch and
another 2,500-3,500 mt of U.S. recreational catch, total Atlantic
mackerel catch in 2021 will likely exceed the updated OFL estimate of
11,622 mt from the June 2021 management track assessment. Based on this
information, the SSC recommended that measures be implemented to
eliminate or minimize additional catch during the current year to
reduce the potential biological impacts of 2021 catch levels. We do not
expect catch to exceed the OFL for the remainder of the year under the
5,000 lb (2,268 kg) possession limit. The Council requested that NOAA
Fisheries take action to reduce potential mackerel harvest in 2021 at
its August 2021 meeting.
Atlantic Mackerel Possession Limit for 2021
This rule implements a possession limit of 5,000 lb (2,268 kg) for
the remainder of the 2021 fishing year for all federally permitted
Atlantic mackerel vessels. The regulations currently require that when
100 percent of the Atlantic mackerel domestic annual harvest (DAH) is
projected to be landed, the Regional Administrator will reduce the
possession limit to 5,000 lb (2,268 kg) for both limited access and
open access permit holders. This possession limit allows bycatch of
Atlantic mackerel while not exceeding the ABC. This action does not
make changes to any other current commercial management measures.
On October 7, 2021, we determined that under the National
Environmental Policy Act (NEPA) this action is categorically excluded
from requirements to prepare either an Environmental Impact Statement
or an Environmental Assessment under NEPA.
The changes to the Atlantic mackerel possession limits included in
this action were analyzed during the development of Framework 13
(October 30, 2019, 84 FR 58053). A 5,000 lb (2,268 kg) possession limit
was included in the range of alternatives. The public had an
opportunity to comment on the 5,000 lb (2,268 kg) possession limit
during the development of the Framework 13. The
[[Page 57377]]
public also had the opportunity to participate in the SSC and Council
meetings discussing the current Atlantic mackerel stock status
determination and, at the Council meeting, the request for action to
reduce mackerel harvest in 2021. These revised possession limits reduce
potential mackerel harvest in 2021 in order to minimize fishing impacts
on the stock while the Council develops a revised rebuilding plan.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR part 648, which was
issued pursuant to section 304(b), and is exempt from review under
Executive Order 12866.
NMFS finds good cause pursuant to 5 U.S.C. 553(b)(B) and 5 U.S.C.
553(d)(3) to waive prior notice and the opportunity for public comment
and the delayed effectiveness because it would be contrary to the
public interest and impracticable. This action reduces the Atlantic
mackerel possession limit based on new assessment information that only
recently became available. This adjustment is allowed pursuant to NMFS
regulatory in-season authority at 50 CFR 648.22(e). A delay would be
contrary to the public interest for the Atlantic mackerel fishery. This
rule is being issued at the earliest possible date. The revised
management measures would potentially reduce impacts of overfishing on
the Atlantic mackerel fishery while a revised rebuilding plan is
developed. Action to reduce Atlantic mackerel harvest in 2021 was
discussed during the SSC review of the latest Atlantic mackerel stock
assessment, as well as at the August 2021 Council meeting where a
request was made for NMFS to take emergency action to reduce mackerel
harvest while a rebuilding plan is developed. Fishery stakeholders had
the opportunity to participate and comment on a potential adjustment to
the 2021 measures at these meetings and are anticipating action to
reduce mackerel harvest in 2021. This rule should be effective as soon
as possible to fully realize the intended benefits to the resource.
Where the public has had an opportunity to review the development of
the Council motion to reduce Atlantic mackerel catch for the remainder
of 2021 based on the best available science (the purpose of this
action), a delay in its effectiveness would not provide any benefits
that would outweigh the need to implement this adjustment as quickly as
possible. Failure to implement this action as quickly as possible could
result in additional 2021 catch that could have potential negative
biological impacts, as well as the potential to result in lower catch
limits in the future than would otherwise be required by the new
rebuilding plan.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 8, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-22458 Filed 10-14-21; 8:45 am]
BILLING CODE 3510-22-P
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