Rule2023-15924
Fisheries of the Northeastern United States; the 2023-2025 Specifications for the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan
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
July 27, 2023
Effective
July 27, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS approves and implements the 2023-2025 specifications for the Mackerel, Squid, and Butterfish Fishery Management Plan as recommended by the Mid-Atlantic Fishery Management Council. This action sets the 2023-2025 chub mackerel specifications, the 2023-2024 butterfish specifications, and the 2023 Illex squid specifications. This action also reaffirms the 2023 longfin squid specifications.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 143 (Thursday, July 27, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 143 (Thursday, July 27, 2023)]
[Rules and Regulations]
[Pages 48389-48392]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15924]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No.: 230724-0172]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS approves and implements the 2023-2025 specifications for
the Mackerel, Squid, and Butterfish Fishery Management Plan as
recommended by the Mid-Atlantic Fishery Management Council. This action
sets the 2023-2025 chub mackerel specifications, the 2023-2024
butterfish specifications, and the 2023 Illex squid specifications.
This action also reaffirms the 2023 longfin squid specifications.
DATES: Effective July 27, 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. These documents are also
accessible via the internet at <a href="https://www.mafmc.org">https://www.mafmc.org</a>.
Copies of the small entity compliance guide are available from
Michael Pentony, Regional Administrator, NMFS, Greater Atlantic
Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA
01930-2298, or available on the internet at: <a href="https://www.greateratlantic.fisheries.noaa.gov">https://www.greateratlantic.fisheries.noaa.gov</a>.
FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fishery Policy
Analyst, 978-282-8456.
SUPPLEMENTARY INFORMATION:
Background
This rule implements specifications, which are the combined suite
of commercial and recreational catch levels established for one or more
fishing years, for chub mackerel, Illex
[[Page 48390]]
squid, and butterfish, and reaffirms previously announced
specifications for longfin squid. Atlantic mackerel specifications for
2023 were set through a separate action (88 FR 6665, February 1, 2023).
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 1 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 ABCs 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.
2023 Longfin Squid Specifications
This action maintains the 2022 longfin squid ABC of 23,400 metric
tons (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
------------------------------------------------------------------------
2023-2024 Butterfish Specifications
This action implements 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
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--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
------------------------------------------------------------------------
[[Page 48391]]
Table 4--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
------------------------------------------------------------------------
2023 Illex Squid Specifications
The 2023 Illex squid ABC is 40,000 mt, consistent with the
Council's recommendation and as proposed. In this final rule, however,
the ABC is reduced by the discard rate of 3.42 percent, which results
in a 2023 IOY, DAH, and DAP of 38,631 mt (Table 5). This discard rate
is slightly lower than in the proposed rule, and lower than the
Council's recommendation (both 4.52 percent). This new discard rate
represents a more accurate estimate than the discard rate in the
proposed rule that appears to have been influenced by low observer
coverage in 2020-2021 due to COVID-19. While the Council did not
recommend this discard rate for the 2023 specifications, at its April
2023 meeting the Council used this formula in developing
recommendations for the 2024-2025 specifications. NMFS determined that
this discard estimate based on updated information is a more accurate
than the estimated used by Council when developing its 2023
recommendation, and we are applying it for 2023 as well. This decision
was made to provide a benefit to the industry without implications to
the stock, as the ABC remains the same. Due to the revised commercial
discard rate, the 2023 IOY, DAH, and DAP represent an increase of 475
mt compared to 2022.
Table 5--2023 Illex Squid Specifications in Metric Tons
------------------------------------------------------------------------
Specification 2023
------------------------------------------------------------------------
OFL..................................... Unknown.
ABC..................................... 40,000
IOY..................................... 38,631
DAH/DAP................................. 38,631
------------------------------------------------------------------------
Reaffirmation of 2021-2022 Atlantic Chub Mackerel Specifications
Amendment 21 to the FMP (88 FR 6665; February 1, 2023) 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 sets the previously implemented specifications for
2023 and projects the same for 2024-2025.
Table 6--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 final rule reinstates regulatory text outlining the
eligibility requirements required to issue Tier 1 longfin squid
moratorium permits found at 50 CFR 648.4(a)(5)(i)(A)(1) and the
requirement to close the directed Illex fishery once a certain
percentage 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 is
being made under our administrative authority at section 305(d) of the
Magnuson-Stevens Act.
Proposed Rule Comments and Responses
We received no public comments on the proposed rule published on
March 7, 2023 (88 FR 14110).
Changes From the Proposed Rule
Originally the Council recommended that the Illex squid ABC be
reduced by the status quo discard rate of 4.52 percent, which would
have resulted in a 2023 IOY, DAH, and DAP of 38,192 mt. However, at the
March 23, 2023, Mackerel, Squid, and Butterfish Monitoring Committee
meeting, the Committee observed that Illex squid discards varied from
315 mt to 1,407 mt from 2012-2021, including discards estimates that
may have been driven by lower coverage in 2020-2021 due to COVID-19. As
such, the 2023 ABC remains at 40,000 mt, but with the IOY/DAH limit
adjusted by a discard rate of 3.42 percent to 38,631 mt after
accounting for 1,369 mt set aside for potential discards. These changes
were made in response to the Committee's updated discard estimate based
on updated information and to account for the COVID-19 anomalies.
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 FMP, other provisions of the Magnuson-Stevens Act
and other applicable law.
This final rule has been determined to be not significant for
purposes of E.O. 12866.
This final rule does not contain policies with federalism or
``takings'' implications, as those terms are defined in E.O. 13132 and
E.O. 12630, respectively.
This action does not contain any collection-of-information
requirements subject to the Paperwork Reduction Act.
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, 2023. This rule slightly increases the Illex squid DAH and
reinstates the regulatory requirement to close the directed Illex
fishery once a certain percentage of the DAH has been landed. A delay
in implementing final measures would prevent any economic benefits from
this rule from being realized and prevent achieving optimal yield in
the summer fishing season currently underway. Importantly, if the
regulations relating to Illex squid closures are not promptly
reinstated and made effective, we may find ourselves unable to
implement such action if that fishery approaches its DAH this summer,
which could occur rapidly in such a high-volume fishery. Data in the
longfin squid fishery that only recently became available indicates
that a trimester II closure is imminent. This rule maintains the
longfin squid specifications implemented in 2022 (87 FR 27952, May 10,
2022) and the fishery would close at the same landings threshold being
implemented in the 2023 specifications.
However, if there is a delay in implementing the 2023 longfin squid
specifications, the closure would occur
[[Page 48392]]
under the old specifications and would likely cause confusion within
the industry that the fishery is reopening once the 2023 specifications
become effective. In addition, this rule slightly 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 and continue to
remain lower than the reduced ABC, but there always remains a risk of
overages with the fishery operating under the current higher
specifications due to the nature of the butterfish fishery and the
ability to catch high volumes of fish in a short amount of time.
Lastly, this action reaffirms the chub mackerel specification currently
in place for 2023, therefore, delaying implementation would be
unnecessary and might add confusion for industry participants. In
response to this action, unlike actions that require an adjustment
period to comply with new rules, vessels will not have to purchase new
equipment or otherwise expend time or money to comply with these
management measures. Rather, complying with this final rule simply
means adhering to the overall quotas for these fisheries and adjusted
trip limits should such quotas be reached. Notably, fishery
stakeholders have been involved in the development of this action and
are anticipating this rule. Therefore, it is in the public interest to
implement this final action as soon as possible.
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. As a result, a regulatory flexibility
analysis was not required and none was prepared.
List of Subjects 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: July 24, 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 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. 2023-15924 Filed 7-26-23; 8:45 am]
BILLING CODE 3510-22-P
</pre></body>
</html>Indexed from Federal Register on July 27, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.