Proposed Rule2023-04298
Fisheries of the Northeastern United States; The 2023-2025 Specifications for the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan
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Published
March 7, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes 2023-2025 specifications for the Mackerel, Squid, and Butterfish Fishery Management Plan as recommended by the Mid-Atlantic Fishery Management Council. This action proposes to set the 2023-2025 chub mackerel specifications, the 2023-2024 butterfish specifications, and the 2023 Illex squid specifications. This action also proposes reaffirming the 2023 longfin squid specifications.
Full Text
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<title>Federal Register, Volume 88 Issue 44 (Tuesday, March 7, 2023)</title>
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[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Proposed Rules]
[Pages 14110-14113]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04298]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 230224-0055]
RIN 0648-BL91
Fisheries of the Northeastern United States; The 2023-2025
Specifications for the Atlantic Mackerel, Squid, and Butterfish Fishery
Management Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule, request for comments.
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SUMMARY: NMFS proposes 2023-2025 specifications for the Mackerel,
Squid, and Butterfish Fishery Management Plan as recommended by the
Mid-Atlantic Fishery Management Council. This action proposes to set
the 2023-2025 chub mackerel specifications, the 2023-2024 butterfish
specifications, and the 2023 Illex squid specifications. This action
also proposes reaffirming the 2023 longfin squid specifications.
DATES: Public comments must be received by March 22, 2023.
ADDRESSES: Copies of supporting documents used by the Mid-Atlantic
Fishery Management Council, including the Environmental Assessment
(EA), the Supplemental Information Report (SIR), the Regulatory Impact
Review (RIR), and the Regulatory Flexibility Act (RFA) analysis are
available 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.
You may submit comments, identified by NOAA-NMFS-2023-0018, 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">www.regulations.gov</a> and enter
NOAA-NMFS-2023-0018 in the Search box. Click the ``Comment'' icon,
complete the required fields, and Enter or attach your comments.
Instructions: Comments sent by any other method 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).
FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fishery Policy
Analyst, (978) 282-8456.
SUPPLEMENTARY INFORMATION:
Background
This rule proposes specifications, which are the combined suite of
commercial and recreational catch levels established for one or more
fishing years, for chub mackerel, Illex squid, and butterfish, and
reaffirms previously announced specifications for longfin squid.
Atlantic mackerel specifications for 2023 were set through
[[Page 14111]]
a separate action (88 FR 6665). 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 limit (OFL).
The regulations implementing the 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 ABC advice of the
Council's 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. In
addition, the regulations 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.
On May 10, 2022 (87 FR 27952), we published a final rule in the
Federal Register implementing the previously approved 2022
specifications for the chub mackerel, butterfish, longfin squid, and
Illex squid fisheries.
The Council's SSC met in May and July 2022 to reevaluate the chub
mackerel, longfin squid, Illex squid, and butterfish 2023
specifications based upon the latest information. At those meetings,
the SSC concluded that no adjustments to the Illex squid, longfin
squid, and chub mackerel specifications were warranted. However, for
butterfish, the SSC recommended to use a different biological reference
point based on new information from the assessment. The stock was
assessed with the recently developed model known as the Woods Hole
Assessment Model.
Proposed 2023 Longfin Squid Specifications
This action maintains the 2022 longfin squid ABC of 23,400 mt for
2023. The background for this ABC is discussed in the proposed rule to
implement the 2021-2022 squid and butterfish specifications (86 FR
38586; July 22, 2021) and is not repeated here. The IOY, DAH, and
domestic annual processing (DAP) are calculated by deducting an
estimated discard rate (2 percent) from the ABC. This results in a 2023
IOY, DAH, and DAP of 22,932 mt (Table 1). This action also maintains
the existing allocation of longfin squid DAH among trimesters according
to percentages specified in the FMP (Table 2). The Council will review
these specifications during its annual specifications process following
annual data updates each spring, and may change its recommendation for
2024 if new information becomes available.
Table 1--2023 Longfin Squid
------------------------------------------------------------------------
Specification Metric tons
------------------------------------------------------------------------
OFL....................................... Unknown.
ABC....................................... 23,400.
IOY....................................... 22,932.
DAH/DAP................................... 22,932.
------------------------------------------------------------------------
Table 2--2021-2022 Longfin Quota Trimester Allocations
------------------------------------------------------------------------
Trimester Percent Metric tons
------------------------------------------------------------------------
I (Jan-Apr)............................. 43 9,861
II (May-Aug)............................ 17 3,898
III (Sep-Dec)........................... 40 9,173
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Proposed 2023-2024 Butterfish Specifications
This action proposes to set the 2023 butterfish specifications and
projected 2024 specifications as outlined in Table 3. The SSC reviewed
the research track assessment results in May 2022. A variety of
ecosystem topics were considered for inclusion in the butterfish
assessment. These included predictive models for spatial distribution
patterns over time, the influence of environmental drivers, the
potential magnitude of natural mortality by marine mammal, bird, and
fish populations, and comparative analyses of trends in recruitment and
condition factor for a broad range of fish species. The proposed 2023
and projected 2024 butterfish specifications uses a new biological
reference point for fishing mortality that is higher than earlier
values based on updated scientific information. These specifications
propose to 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 4).
Table 3--Proposed 2023 and Projected 2024 Butterfish Specifications in
Metric Tons
------------------------------------------------------------------------
Specification 2023 2024
------------------------------------------------------------------------
OFL..................................... 17,631 16,096
ABC..................................... 17,267 15,764
ACT..................................... 16,404 14,976
Assumed discards........................ 1,248 1,248
Total discards.......................... 5,132 5,132
Butterfish cap in longfin............... 3,884 3,884
DAH..................................... 11,271 9,844
------------------------------------------------------------------------
Table 4--Proposed 2023 Trimester Allocation of Butterfish Mortality Cap
on the Longfin Squid Fishery
------------------------------------------------------------------------
Trimester Percent Metric tons
------------------------------------------------------------------------
I (Jan-Apr)............................. 43 1,670
II (May-Aug)............................ 17 660
III (Sep-Dec)........................... 40 1,554
-------------------------------
Total............................... 100 3,844
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[[Page 14112]]
Proposed 2023 Illex Squid Specifications
Consistent with the Council's recommendation, NMFS proposes to
maintain the 2023 Illex squid ABC of 40,000 mt. The Council recommended
that the ABC be reduced by the status quo discard rate of 4.52 percent,
which results in a 2023 IOY, DAH, and DAP of 38,192 mt (Table 5).
Table 5--Proposed 2023 Illex Squid Specifications in Metric Tons
------------------------------------------------------------------------
Specification 2023
------------------------------------------------------------------------
OFL....................................... Unknown.
ABC....................................... 40,000.
IOY....................................... 38,192.
DAH/DAP................................... 38,192.
------------------------------------------------------------------------
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 June 2022 meeting and decided to make no
adjustments for the 2023-2025 fishing years. This action proposes to
set the previously implemented specifications for 2023 and projects the
same for 2024-2025.
Table 7--Proposed 2023 and Projected 2024-2025 Atlantic Chub Mackerel
Specifications in Metric Tons
------------------------------------------------------------------------
Specification 2023-2025
------------------------------------------------------------------------
ABC..................................................... 2,300
Annual Catch Limit (ACL)................................ 2,262
Annual Catch Target..................................... 2,171
Total Allowable Landings................................ 2,041
------------------------------------------------------------------------
Additional Measures Not Part of the 2023 Mackerel, Squid, and
Butterfish Specifications
In addition to implementing the specifications discussed
previously, this proposed rule would reinstate regulatory text
outlining the eligibility requirements required to issue a Tier 1
longfin squid moratorium permits found at Sec. 648.4(a)(5)(A)(1) and
the requirement to close the directed Illex fishery once a certain
percenatage of the DAH has been landed found at Sec. 648.24(a)(2) that
were inadvertently removed from the Code of Federal Regulations on
January 1, 2023. These changes simply restore the regulatory text that
was removed by mistake by the expiration of a previous action, and
would be made under our administrative authority at 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 proposed rule is
consistent with the Mackerel, Squid, and Butterfish FMP, other
provisions of the Magnuson-Stevens Act, and other applicable law,
subject to further consideration after public comment.
This proposed 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 (SBA) that this proposed rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The purpose, context, and statutory basis for this action is
described above and not repeated here. Business entities affected by
this action include vessels that are issued limited access chub
mackerel, longfin squid, Illex squid, and butterfish permits. Although
vessels issued open access incidental catch permits for these species
also would be potentially affected by this action, because these
vessels land only small amounts of chub mackerel, squid, and butterfish
and this action would not revise the amount of squid and butterfish
that these vessels can land, these entities would not be affected by
this proposed rule.
Any entity with combined annual fishery landing receipts less than
$11 million is considered a small entity based on standards published
in the Federal Register (80 FR 81194, December 29, 2015). In 2021, 69
separate vessels held commercial limited access Illex permits.
Approximately 55 entities owned those vessels, and based on current SBA
size standards, 49 would be small business entities. In 2021, 33
vessels landed over 10,000 lb (4,536 kg) with total Illex landings
valued at $29.7 million. From 2019-2021 Illex ex-vessel revenues varied
from $25.3-$29.7 million, averaging $28.2 million. The previously
approved Atlantic mackerel, Illex squid, and longfin squid commercial
landing limits would not be changed by this proposed action. Fishing
revenue and, therefore, economic impacts of yearly Mackerel, Squid, and
Butterfish specifications depend upon species availability, which may
change yearly. This action is not expected to have negative impacts on
any participating entities. Mackerel and longfin quotas would be
maintained at status quo. Illex squid specifications would be
maintained at status quo, although the closure threshold would be
lowered from 95 percent to 94 percent to avoid quota overages, which
have occurred in recent years. Still, any landings that could occur up
to the 94 percent closure threshold would be higher than the 2017-2019
quotas. In 2019, landings were only slightly above the landings at the
94 percent threshold, even with the 2019 overage. Avoiding quota
overages also has the long term benefit of avoiding overfishing.
Although butterfish quotas would be slightly reduced, the fishery has
landed less than 75 percent of the DAH for the past several years, and
therefore, the proposed quotas would still allow for a higher harvest
level compared to what the fishery has recently landed.
In determining the significance of the economic impacts of the
proposed action, we considered the following two criteria outlined in
applicable NMFS guidance: Disproportionality and profitability. The
proposed measures would not place a substantial number of small
entities at a significant competitive disadvantage to large entities;
all entities affected by this action would be equally affected.
Accordingly, there are no disproportionate economic effects from this
action between small and large entities. Proposed measures would not
reduce fishing opportunities based on recent squid and butterfish
landings, change any entity's access to these resources, or impose any
costs to affected entities. Therefore, this action would not be
expected to reduce revenues or profit for affected entities compared to
recent levels. Based on the above justification, the proposed action is
not expected to have a significant economic impact on a substantial
number of small entities.
This proposed 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,
Greater Atlantic Region Dealer Purchase Reports. Notwithstanding any
other provision of the law, no person is required to respond to, nor
shall any person be subject to a penalty for failure to comply with, a
collection of information subject to the requirements of the PRA,
unless that collection of information displays a currently valid OMB
Control Number.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Fishery closures and accountability measures.
[[Page 14113]]
Dated: February 27, 2023.
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
proposed to be 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, add paragraph (a)(5)(i)(A)(1) to read as follows:
Sec. 648.4 Vessel permits.
(a) * * *
(5) * * *
(i) * * *
(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. 648.24, add 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. 2023-04298 Filed 3-6-23; 8:45 am]
BILLING CODE 3510-22-P
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