Proposed Rule2022-12226
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Amendment 22 to the Mackerel, Squid, and Butterfish Fishery Management Plan
Primary source
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Published
June 7, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces that the Mid-Atlantic Fishery Management Council submitted Amendment 22 to the Mackerel, Squid, and Butterfish Fishery Management Plan to the Secretary of Commerce for review and approval. We are requesting comments from the public on this amendment in accordance with the Magnuson-Stevens Fishery Conservation and Management Act. This amendment would implement updated and reformatted goals and objectives for the fishery management plan, a tiered permit system for vessels currently issued an Illex squid moratorium permit, a fish hold volume baseline, a fish hold volume upgrade restriction for the highest tier Illex squid moratorium permits, and clarify that all Illex squid moratorium permits must submit daily catch reports via the vessel monitoring system. The purpose of this action is to align the fishery goals/objectives with current Council vision and priorities and to revise the number and types of Illex squid moratorium permits to reduce the negative effects from a race to fish in recent years.
Full Text
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<title>Federal Register, Volume 87 Issue 109 (Tuesday, June 7, 2022)</title>
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[Federal Register Volume 87, Number 109 (Tuesday, June 7, 2022)]
[Proposed Rules]
[Pages 34629-34630]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12226]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
RIN 0648-BK20
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Amendment 22
to the Mackerel, Squid, and Butterfish Fishery Management Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Announcement of the availability of a proposed fishery
management plan amendment; request for comments.
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SUMMARY: NMFS announces that the Mid-Atlantic Fishery Management
Council submitted Amendment 22 to the Mackerel, Squid, and Butterfish
Fishery Management Plan to the Secretary of Commerce for review and
approval. We are requesting comments from the public on this amendment
in accordance with the Magnuson-Stevens Fishery Conservation and
Management Act. This amendment would implement updated and reformatted
goals and objectives for the fishery management plan, a tiered permit
system for vessels currently issued an Illex squid moratorium permit, a
fish hold volume baseline, a fish hold volume upgrade restriction for
the highest tier Illex squid moratorium permits, and clarify that all
Illex squid moratorium permits must submit daily catch reports via the
vessel monitoring system. The purpose of this action is to align the
fishery goals/objectives with current Council vision and priorities and
to revise the number and types of Illex squid moratorium permits to
reduce the negative effects from a race to fish in recent years.
DATES: Comments must be received on or before August 8, 2022.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2022-0056, by the following method:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal. Go to <a href="http://www.regulations.gov/#!docketDetail">www.regulations.gov/#!docketDetail</a>;D=NOAA-NMFS-2022-0056, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="http://www.regulations.gov">www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
The Mid-Atlantic Council prepared an environmental assessment (EA)
for Amendment 22 that describes the proposed action and provides an
analysis of the impacts of the proposed measures and other alternatives
considered. Copies of Amendment 22, including the EA, the Regulatory
Impact Review, and the Regulatory Flexibility Act analysis, are
available from: Christopher Moore, Executive Director, Mid-Atlantic
Fishery Management Council, Suite 201, 800 State Street, Dover, DE
19901. The EA and associated analysis is accessible via the internet
<a href="http://www.mafmc.org/supporting-documents">http://www.mafmc.org/supporting-documents</a>.
FOR FURTHER INFORMATION CONTACT: Carly Bari, Fishery Policy Analyst,
978-281-9150.
SUPPLEMENTARY INFORMATION:
Background
The original goals and objectives for the Mackerel, Squid, and
Butterfish Fishery Management Plan (FMP) were developed in 1981 when
the individual fisheries were merged into one FMP. Since that time, the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) has been amended several times and the Mid-Atlantic
Fishery Management Council has developed several strategic plans to
reflect updated priorities and strategic initiatives such as
integrating an ecosystem approach to fisheries management into its
FMPs. In September 2020, Atlantic chub mackerel was formally integrated
into the FMP, along with updated goals and objectives for managing this
species. The Council initiated Amendment 22 in January 2019 in part to
update the FMP's goals and objectives to reflect current Council vision
and priorities, make them consistent with the formats used in other
FMPs managed by the Council, and to merge the original FMP goals and
objectives with those developed for Atlantic chub mackerel.
Amendment 22 is also intended to reconsider the appropriate number
of
[[Page 34630]]
Illex squid moratorium permits. Originally implemented in 1997 under
Amendment 5 to the FMP (May 27, 1997; 62 FR 28638), there are currently
about 75 Illex moratorium permits remaining in the fishery. Since 2017,
we have closed the Illex squid fishery in August or September of each
year because the fishery fully harvested the available quota, with more
vessels actively participating in the fishery in recent years. Because
not all vessels issued an Illex moratorium permit have actively
participated in the fishery in recent years, the Council is concerned
that these other permits may become active in the fishery, exacerbating
the race to fish observed since 2017 and the negative impacts to
participants caused by early fishery closures.
To address these issues, Amendment 22 proposes the following
measures, which are outlined in further detail in the EA prepared for
this action (see ADDRESSES):
<bullet> Updated FMP goals and objectives reformatted to reflect
current Council vision and priorities and the integration of approved
Atlantic chub mackerel goals and objectives;
<bullet> A Tier 1 Illex squid moratorium permit for any existing
Illex moratorium permit that landed at least 500,000 lb (226.8 mt) of
Illex squid in one year from 1997-2013 or purchased and installed a
refrigerated seawater system, plate freezing system, or blast freezer
between January 1 and August 2, 2013, that also landed at least 200,000
lb (90.7 mt) of Illex squid before December 31, 2013;
<bullet> A Tier 2 Illex squid moratorium permit for any existing
Illex moratorium permit that landed at least 100,000 lb (45.4 mt) of
Illex squid in one year from 1997-2018;
<bullet> A Tier 3 Illex squid moratorium permit for any existing
Illex moratorium permit that landed at least 50,000 lb (22.7 mt) of
Illex squid in one year from 1997-2018;
<bullet> Illex squid possession limits for new Illex squid
moratorium permits proposed in this action, including an unlimited
initial possession limit for Tier 1 permits, a 62,000-lb (28,123-kg)
possession limit for Tier 2 permits, and a 20,000-lb (9,072-kg)
possession limit for Tier 3 permits;
<bullet> A fish hold volume baseline measurement and 10-percent
upgrade restriction for proposed Tier 1 Illex squid moratorium permits;
and
<bullet> Clarification that Illex squid moratorium permits must
report daily catch via the vessel monitoring system on declared Illex
squid trips.
In accordance with section 304(a)(1) of the Magnuson-Stevens Act,
we are soliciting public comments on Amendment 22 to the Mackerel,
Squid, and Butterfish FMP and its incorporated documents through the
end of the comment period specified in the DATES section of this notice
of availability (NOA). Under this provision of the Magnuson-Stevens Act
(section 304(a)(3)), the Secretary may approve, partially approve, or
disapprove the amendment as submitted by the Council. All comments
received by the end of the comment period of the NOA will be considered
in the approval/disapproval decision on the amendment. Comments
received after the end of the comment period for the NOA will not be
considered in the approval/disapproval decision.
In a letter dated April 22, 2020, and available on the Council's
website (see the July 16, 2020, meeting at <a href="http://www.mafmc.org/meetings">www.mafmc.org/meetings</a>), we
expressed concerns with the requalification and tiered permitting
measures considered by the Council in the development of this action.
These concerns remain, and we invite public input on whether this
action satisfies the requirements of the Magnuson-Stevens Act's
National Standards, is consistent with the Mackerel, Squid, and
Butterfish FMP's goals and objectives, and accomplishes the Amendment's
statements of need, purpose, and objectives. If, after reviewing public
comments received in response to this NOA, we approve this action, we
will publish a proposed rule in the Federal Register that would
implement the amendment's management measures and solicit additional
public comment at that time on the proposed regulations.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 2, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-12226 Filed 6-6-22; 8:45 am]
BILLING CODE 3510-22-P
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