Rule2023-22656
Fisheries of the Northeastern United States; Temporary Measures To Reduce 2023 Atlantic Mackerel Catch
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 13, 2023
Effective
October 12, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This temporary rule implements interim measures to reduce Atlantic mackerel catch for the remainder of the 2023 fishing year and the beginning of the 2024 fishing year to reduce the likelihood of overfishing based on new assessment information regarding the status of the Atlantic mackerel stock. This action is intended to reduce potential Atlantic mackerel overfishing through the end of 2023 and the beginning of 2024 while the 2024 specifications are developed. We will be collecting comments on the changes in per-trip catch limits to help inform future decisions on this topic.
Full Text
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<title>Federal Register, Volume 88 Issue 197 (Friday, October 13, 2023)</title>
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[Federal Register Volume 88, Number 197 (Friday, October 13, 2023)]
[Rules and Regulations]
[Pages 70909-70910]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22656]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 231006-0241]
RIN 0648-BM61
Fisheries of the Northeastern United States; Temporary Measures
To Reduce 2023 Atlantic Mackerel Catch
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; interim measures; request for comments.
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SUMMARY: This temporary rule implements interim measures to reduce
Atlantic mackerel catch for the remainder of the 2023 fishing year and
the beginning of the 2024 fishing year to reduce the likelihood of
overfishing based on new assessment information regarding the status of
the Atlantic mackerel stock. This action is intended to reduce
potential Atlantic mackerel overfishing through the end of 2023 and the
beginning of 2024 while the 2024 specifications are developed. We will
be collecting comments on the changes in per-trip catch limits to help
inform future decisions on this topic.
DATES: Effective October 12, 2023, through April 10, 2024. Comments
must be received by November 13, 2023.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2023-0119 by the following method:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and
enter NOAA-NMFS-2023-0119 in the Search box. Click on the ``Comment''
icon, complete the required fields, and enter or attach your comments.
Instructions: Comments sent by another 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 part of the public
record and will generally be posted for public viewing on <a href="https://www.regulation.gov">https://www.regulation.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 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="https://www.mafmc.org">https://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 Atlantic
mackerel fishery under the Mackerel, Squid, and Butterfish (MSB)
Fishery Management Plan (FMP). Section 305(c) of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act) allows
the Secretary to implement interim measures to reduce or address
overfishing. In situations such as this, in which the stock assessment
has been delayed, section 305(c) allows the Council to request the
Secretary to implement interim measures to address overfishing, until
these measures can be replaced by the 2024 Atlantic mackerel
specifications. As further described below, NMFS implements this action
to reduce the Atlantic mackerel catch for the remainder of 2023 and the
beginning of 2024 by reducing mackerel possession limits.
At its July 2023 meeting, the Council's Scientific and Statistical
Committee (SSC) reviewed the preliminary updated Atlantic mackerel
stock assessment. This stock assessment is considered preliminary until
it can be peer reviewed and then the SSC can make allowable biological
catch (ABC) recommendations for 2024 and 2025. The preliminary
assessment results showed that the stock is no longer experiencing
overfishing, but also showed additional concerns in the rebuilding
progress of the stock. Although the change in stock status to no longer
experiencing overfishing seems to be a positive development, it follows
significant reductions in catch associated with limits NMFS implemented
in 2022 and 2023. Subsequent projections from the assessment show
additional concerns in the rebuilding progress of the stock, warranting
additional action to prevent the stock from once again being subject to
overfishing.
The preliminary management track assessment showed an unexpected
failure of the Atlantic mackerel stock to rebuild, and updated
projections suggest Atlantic mackerel overfishing will occur in 2023 if
the full Atlantic mackerel quota is landed. Based on this information,
at its August 2023 meeting, the Council requested that NMFS take
emergency action to limit the directed Atlantic mackerel fishery for
the remainder of the 2023 and until the more conservative 2024 Atlantic
mackerel specifications are implemented.
Interim Atlantic Mackerel Measures
Based on the recommendations of the SSC and the request by the
Council, this action implements incidental Atlantic mackerel catch
limits including 20,000 pounds (lb) (9.08 metric tons (mt)) for all
limited access permits and 5,000 lb (2.27 mt) for all open access
permits. This is a reduction from the current catch limits of unlimited
possession for
[[Page 70910]]
Tier 1 permits, 135,000 lb (61.23 mt) for Tier 2 permits, 100,000 lb
(45.36 mt) for Tier 3, and 20,000 lb (9.08 mt) for open access permits.
We will be collecting comments on the changes in per-trip catch limits
to help inform future decisions on this topic.
This temporary rule has an effective period limited by the
Magnuson-Stevens Act to 180 days, with a potential extension of an
additional 186 days. The stock assessment was peer reviewed in
September 2023, and the Council will finalize the 2024 and 2025
Atlantic mackerel specifications at its December 2023 meeting. NMFS
will work to implement the 2024 specifications as quickly as possible,
likely early spring. However, if the expected rulemaking implementing
the 2024 specifications is not in place before the expiration of this
rule (180 days following publication), an extension of the interim
measure for 186 days will be considered.
Justification for Interim Measures
Section 305(c) of the Magnuson-Stevens Act (16 U.S.C. 1855(c))
authorizes the Secretary of Commerce to implement interim measures to
address overfishing. This action meets the 305(c) requirements for
interim measures because it is necessary to reduce overfishing in 2023,
and to minimize the likelihood of overfishing occurring again, while
the Council finalizes specifications for 2024 with a reduced ABC.
The results of the preliminary 2023 stock assessment were not
expected and the severity of the results could not have been foreseen.
Given that the new information only recently became available, the
Council could not complete an action to develop new specifications and
make necessary adjustments in time for the remainder of the 2023
fishing year or the start of the 2024 fishing year. Because of the
unforeseen specifications adjustments necessary to address the recent
stock assessment, the Council requested that NMFS take action to reduce
potential additional Atlantic mackerel harvest in 2023 and the
beginning of 2024 via a reduction in the per-trip catch limits.
Classification
The Assistant Administrator for Fisheries, NOAA, has determined
that this rule is necessary to respond to an overfishing situation and
is consistent with the national standards and other provisions of the
Magnuson-Stevens Act and other applicable laws. The interim measures in
this rule may be extended for a period of not more than 186 days as
provided under section 305(c)(3)(B) of the Magnuson-Stevens Act.
The Assistant Administrator for Fisheries, NOAA, finds it is
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). This
action reduces the per trip catch limits in the Atlantic mackerel
fishery. This adjustment is allowed pursuant to section 305(c) of the
Magnuson-Stevens Act in order to reduce the likelihood of overfishing
while the Council waits for new and updated information to be
finalized. A delay would be contrary to the public interest for the
Atlantic mackerel fishery, as delay would likely lead to overfishing.
Furthermore, NMFS notes that implementation of these reduced catch
limits was discussed at the August 2023 Council meeting, and many
fishery stakeholders are anticipating action to reduce mackerel harvest
in 2023. This rule is being issued at the earliest possible date, as
NMFS only received the Council's Supplemental Information Report for
this action on August 18, 2023.
Additionally, the Assistant Administrator finds good cause under 5
U.S.C. 553(d)(3) to waive the 30-day delay of effectiveness for this
rule. Failure to implement this action as quickly as possible for the
2023 fishing year would likely result in 2023 catch that would cause
overfishing, which would have potential negative biological impacts on
the stock and make it more difficult to achieve rebuilding by 2032. The
Atlantic mackerel fishery is most active during the months of November
through February. Given the high-volume nature of the fishery, it is
likely that, without putting new catch limit in place immediately, the
fleet would capture the full 2023 commercial quota and overfishing
would result, contrary to the public interest. Therefore, it is in the
public interest to take immediate action to reduce potential mackerel
overfishing while the Council develops the 2024 and 2025 Atlantic
mackerel specifications.
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 October 12, 2023.
This action is being taken pursuant to the Magnuson-Stevens Act's
provisions to establish interim measures to address overfishing and has
not been designated as significant under Executive Order 12866.
The procedures of the Regulatory Flexibility Act are not applicable
to this rule because it is issued without opportunity for prior notice
and public comment.
This final rule does not duplicate, conflict, or overlap with any
existing Federal rules.
This action would not establish any new reporting or record-keeping
requirements.
This temporary rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Fishery possession restrictions.
Dated: October 10, 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. 648.26, add paragraph (a)(4) to read as follows:
Sec. 648.26 Mackerel, squid, and butterfish possession restrictions.
(a) * * *
(4) 2023 and 2024 temporary commercial possession restriction. For
the remainder of the 2023 Atlantic mackerel fishing year and until the
2024 Atlantic mackerel specifications are implemented, commercial
vessels issued an open or limited access Atlantic mackerel permit must
adhere to the following possession limits.
(i) Limited access fishery. Vessels issued a Tier 1, 2, or 3
limited access Atlantic mackerel permit, may not take and retain,
possess, or land more than 20,000 lb (9.08 mt) of Atlantic mackerel per
trip at any time, and may only land once on any calendar day, which is
defined as the 24-hr period beginning at 0001 hours and ending at 2400
hours.
(ii) Open access fishery. Vessels issued an open access Atlantic
mackerel permit may not take and retain, possess, or land more than
5,000 lb (2.27 mt) of Atlantic mackerel per trip at any time, and may
only land Atlantic mackerel once on any calendar day, which is defined
as the 24-hr period beginning at 0001 hours and ending at 2400 hours.
* * * * *
[FR Doc. 2023-22656 Filed 10-12-23; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on October 13, 2023.
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