Rule2022-16993
Fisheries of the Northeastern United States; Illex Squid Fishery; Revised 2022 Specifications
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
August 9, 2022
Effective
August 9, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is increasing the specifications for the 2022 Illex squid fishery. This rule is required to ensure that the 2022 specifications are based on the best scientific information available. This rule is also intended to inform the public of the changes to the specifications for the remainder of the 2022 fishing year.
Full Text
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<title>Federal Register, Volume 87 Issue 152 (Tuesday, August 9, 2022)</title>
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[Federal Register Volume 87, Number 152 (Tuesday, August 9, 2022)]
[Rules and Regulations]
[Pages 48447-48449]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16993]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 220803-0169]
RIN 0648-BL57
Fisheries of the Northeastern United States; Illex Squid Fishery;
Revised 2022 Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS is increasing the specifications for the 2022 Illex squid
fishery. This rule is required to ensure that the 2022 specifications
are based on the best scientific information available. This rule is
also intended to inform the public of the changes to the specifications
for the remainder of the 2022 fishing year.
DATES: Effective August 9, 2022, through December 31, 2022.
ADDRESSES: Copies of the revised specifications, including the
Supplemental Information Report, and other 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: Carly Bari, Fishery Policy Analyst,
(978) 281-9150.
SUPPLEMENTARY INFORMATION:
Background
The Mid-Atlantic Fishery Management Council manages the Illex squid
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 during the fishing year.
At its March 2022 meeting, the Council's SSC reviewed preliminary
work by its Illex Squid Working Group and concluded that the species
continues to be lightly exploited and the fishery footprint is small
relative to the entire management unit. The SSC recommended increasing
the 2022 ABC from 33,000 mt to 40,000 mt. The Council recommended this
specification adjustment at its April 2022 meeting and requested that
NMFS use its in-season authority to increase the 2022 ABC and also
adjust the closure threshold from 94 percent to 96 percent. The Council
recommended a 96-percent closure threshold given improved reporting
appears to have enabled NMFS to more effectively monitor the fishery in
recent years and take action to close the fishery when necessary
without overages, and it is expected that the smaller closure threshold
should still avoid exceeding the ABC.
On May 10, 2022, we published Illex squid specifications for 2022
(87 FR 27952), and the National Environmental Policy Act (NEPA)
analysis for that rule considered a range of ABCs from 18,000-40,000
mt. The final rule adopted an ABC of 33,000 mt for 2022. The revised
specifications implemented by this final rule increase the 2022 Illex
squid ABC to 40,000 mt, which was included and analyzed during the
development of the original 2022 specifications.
Revised Specifications
We are implementing the revised 2022 specifications recommended by
the Council and its SSC. The Council recommended that the status quo
discard rate of 4.61 percent be reduced from the ABC, which results in
a DAH amount of 38,156 mt for 2022 that would be maintained for the
2022 fishing year. These revised specifications will increase the 2022
commercial quota by implementing a 38,156-mt domestic annual harvest
(DAH), an increase of 21 percent. Table 1 summarizes the recommended
changes to the revised 2022 Illex squid specifications. Additionally,
the Illex fishery closure threshold will change from 94 percent to 96
percent.
Table 1--2022 Illex Squid Specifications in Metric Tons
[mt]
------------------------------------------------------------------------
Current Modified
------------------------------------------------------------------------
OFL............................... Unknown.......... Unknown.
ABC............................... 33,000........... 40,000.
Initial Optimum Yield............. 31,478........... 38,156.
DAH............................... 31,478........... 38,156.
------------------------------------------------------------------------
Regulatory Clarifications
This action also includes corrections to existing regulations to
correct the title of the Regional Administrator in the Tier 1 longfin
squid vessel permit regulations, and to remove an outdated requirement
for chub mackerel that expired on December 31, 2020, from the
[[Page 48448]]
vessel trip report regulations. These corrections are being implemented
under the authority of section 305(d) of the Magnuson-Stevens Act.
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 MSB FMP, the national standards and other
provisions of the Magnuson-Stevens Act, and other applicable law.
Pursuant to section 6 Executive Order 12866, the Office of
Management and Budget has determined that this rule is not significant.
This final rule does not duplicate, conflict, or overlap with any
existing Federal rules.
This final rule is exempt from the procedures of the Regulatory
Flexibility Act because the rule is issued without opportunity for
prior notice and opportunity for public comment.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
The Assistant Administrator for Fisheries, NOAA, finds it is
unnecessary and contrary to the public interest to provide for prior
notice and an opportunity for public comment, pursuant to 5 U.S.C.
553(b)(B). Additionally, the Assistant Administrator finds good cause
under 5 U.S.C. 553(d)(3) to waive the 30-day delay of effectiveness
period for this rule. This action increases the 2022 specifications
(i.e., annual catch limits) for the Illex squid fishery based on new
information, which is authorized pursuant to our regulatory in-season
authority at 50 CFR 648.22(e). Implementing a 40,000-mt ABC was
anticipated during development and implementation of the original
specifications action (87 FR 27952, May 10, 2022), as well as at the
April 2022 Council meeting. Where the public has had an opportunity to
review, and comment on, a range of specifications that included the
amount considered in this action, a delay in its effectiveness from
prior notice and comment would not serve any legitimate purpose, while
unnecessarily disadvantaging fishermen who wish to take advantage of
the fishing opportunity that this action provides with increased
quotas. A delay would be contrary to the public interest for this loss
of potential economic opportunity, and it could also create confusion
in the Illex squid fishery. This rule is being issued at the earliest
possible date where we only received the Council's Supplemental
Information Report for this action on June 24, 2022. The revised
specifications increase the quota and allow this predominantly summer
fishery to benefit from the quota increase and achieve optimal yield.
This rule should be effective as soon as possible to fully realize the
intended benefits to the fishery.
Furthermore, requiring a 30-day delay before this rule becomes
effective does not provide any benefit to the regulated parties or the
public. Unlike actions that require an adjustment period to comply with
new rules, Illex squid fishery participants will not be required to
purchase new equipment or otherwise expend time or money to comply with
these management measures. Rather, complying with this rule simply
means adhering to the higher (less restrictive) catch limits set for
the remainder of the Illex squid fishing year. A 30-day delay could
result in the fishery reaching the current lower harvest limit before
the new higher limits become effective. This would trigger a disruptive
closure, followed by a reopening of the fishery after the 30-days pass
to allow the fishery to reach the new, higher limit, which would result
in an inefficient, costly burden on the fishery, particularly with the
current high price of fuel, with no apparent environmental or economic
benefit. Fishery stakeholders have been involved in the development of
this action and are anticipating this rule. Therefore, there would be
no added benefit to delaying the implementation of these
specifications. For these reasons, a 30-day delay in effectiveness
would be contrary to the public interest. As a result, we are waiving
the requirement.
Therefore, the Assistant Administrator finds good cause under 5
U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness and these
specifications shall be made effective on August 9, 2022.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Fishery closures and accountability measures.
Dated: August 3, 2022.
Samuel D. Rauch, III,
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. 648.4, revise paragraph (a)(5)(i)(A)(1) to read as follows:
Sec. 648.4 Vessel permits.
(a) * * *
(5) * * *
(A) * * *
(1) Tier 1 longfin squid moratorium permit. Beginning in February
2019, the Regional Administrator shall automatically issue a Tier 1
longfin squid moratorium permit to any vessel that is issued a longfin
squid/butterfish moratorium permit or eligible to be issued such a
permit held in confirmation of permit history (CPH) during calendar
year 2018 that meets the eligibility criteria in this paragraph
(a)(5)(i)(A)(1). To be eligible for a Tier 1 permit, a vessel must have
been issued a valid longfin squid/butterfish moratorium permit and
landed more than 10,000 lb (4,536 kg) of longfin squid in at least one
calendar year between January 1, 1997, and December 31, 2013. Fishing
history, including for a permit held in confirmation of permit history,
can be used by a vessel to qualify for and be issued a tier 1 longfin
squid moratorium permit, provided the Regional Administrator has
determined that the fishing and permit history of such vessel has been
lawfully retained by the applicant. Landings data used in this
qualification must be verified by dealer reports submitted to NMFS. A
vessel that was not automatically issued a Tier 1 longfin squid
moratorium permit may apply for such a permit in accordance with
paragraph (a)(5)(i)(B) of this section.
* * * * *
0
3. In Sec. 648.7, revise paragraph (b)(1) introductory text to read as
follows:
Sec. 648.7 Recordkeeping and reporting requirements.
* * * * *
(b) * * * (1) Fishing Vessel Trip Reports. The owner or operator of
any vessel issued a valid permit, or eligible to renew a limited access
permit under this part must maintain on board the vessel, and submit,
and accurate fishing log report for each fishing trip, regardless of
species fished for or taken, by electronic means. This report must be
entered into and submitted through a software application approved by
NMFS.
* * * * *
0
4. 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
[[Page 48449]]
the Regional Administrator projects that 96 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. 2022-16993 Filed 8-8-22; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on August 9, 2022.
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