Proposed Rule2024-04109
Fisheries of the Northeastern United States; 2024 and Projected 2025 Specifications for the Atlantic Mackerel Fishery
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Published
February 28, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes 2024 specifications and projected 2025 specifications for Atlantic mackerel. The implementing regulations for the Mackerel, Squid, and Butterfish Fishery Management Plan (FMP) require us to publish specifications for the upcoming fishing year for each of these species and to provide an opportunity for public comment. The proposed specifications are intended to establish allowable harvest levels that will prevent overfishing, consistent with the most recent scientific information.
Full Text
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<title>Federal Register, Volume 89 Issue 40 (Wednesday, February 28, 2024)</title>
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[Federal Register Volume 89, Number 40 (Wednesday, February 28, 2024)]
[Proposed Rules]
[Pages 14617-14620]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-04109]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 240222-0056]
RIN 0648-BM84
Fisheries of the Northeastern United States; 2024 and Projected
2025 Specifications for the Atlantic Mackerel Fishery
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 2024 specifications and projected 2025
specifications for Atlantic mackerel. The implementing regulations for
the Mackerel, Squid, and Butterfish Fishery Management Plan (FMP)
require us to publish specifications for the upcoming fishing year for
each of these species and to provide an opportunity for public comment.
The proposed specifications are intended to establish allowable harvest
levels that will prevent overfishing, consistent with the most recent
scientific information.
DATES: Comments must be received on or before March 14, 2024.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2024-0010, 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-2024-0010 in the Search box (note: copying and pasting
the FDMS Docket Number directly from this document may not yield search
results). Click on the ``Comment'' 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 part of the
public record and will generally be posted for public viewing on
<a href="https://www.regulations.gov">https://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).
A Supplemental Information Report (SIR) was prepared for these
specifications. Copies of the SIR are available on request from Dr.
Christopher M. Moore, Executive Director, Mid-Atlantic Fishery
Management Council, Suite 201, 800 North State Street, Dover, DE 19901.
The SIR is also accessible via the internet at <a href="https://www.mafmc.org/supporting-documents">https://www.mafmc.org/supporting-documents</a>.
FOR FURTHER INFORMATION CONTACT: Carly Bari, Fishery Policy Analyst,
(978) 281-9150, or <a href="/cdn-cgi/l/email-protection#523133203e2b7c3033203b123c3d33337c353d24"><span class="__cf_email__" data-cfemail="96f5f7e4faefb8f4f7e4ffd6f8f9f7f7b8f1f9e0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
General Background
The Mid-Atlantic Fishery Management Council (Council) manages the
Atlantic mackerel fishery under the Mackerel, Squid, and Butterfish
FMP. The regulations implementing the FMP require the Council's
Mackerel, Squid, and Butterfish Monitoring Committee to develop
specification recommendations based upon the acceptable biological
catch (ABC) advice of the Council's Scientific and Statistical
Committee (SSC). Specifications are the combined suite of commercial
and recreational catch levels and management measures necessary to
prevent such catch levels
[[Page 14618]]
from being exceeded. As part of this process, the Council sets
specifications for up to 3 years. These specifications are reviewed
annually and may be revised by the Council based on updated
information.
The Council's final action on these specifications was delayed to
its December 2023 meeting because the 2023 Atlantic mackerel stock
assessment required additional peer review in late fall 2023 after the
assessment indicated a change in the stock status. The stock status
changed from experiencing overfishing to not experiencing overfishing.
Although this change in stock status may appear to reflect an
improvement in stock condition, the change is the result of significant
catch reductions that were implemented in 2021, 2022, and 2023.
The preliminary stock assessment, which was still subject to peer
review, showed an unexpected failure of the Atlantic mackerel stock to
rebuild, and updated projections suggested that Atlantic mackerel
overfishing could occur in 2023 if the full Atlantic mackerel
commercial quota (i.e., 3,639 metric tons (mt)) was harvested. However,
because the peer review of the assessment was not complete, the SSC was
unable to provide its ABC recommendation and the Council was unable to
make its recommendations on the 2024 specifications. Based on the
preliminary assessment information, however, the Council requested at
its August 2023 meeting that NMFS take emergency action to limit the
directed Atlantic mackerel fishery for the remainder of 2023 and until
these specifications are implemented. On October 13, 2023 (88 FR
70909), NMFS published an interim rule that reduced the Atlantic
mackerel catch by instituting trip limits of 20,000 pounds (lb) (9.08
mt) for limited access permits and 5,000 lb (2.27 mt) for open access
permits. These interim measures will expire on April 10, 2024, or when
these specifications are finalized, whichever comes first.
Proposed 2024 and Projected 2025 Specifications
The Council's SSC met in October 2023 to review the peer-reviewed
management track assessment, which showed an unexpected failure of the
Atlantic mackerel stock to rebuild. Based on this information, the SSC
recommended an averaged 2024-2025 ABC of 3,200 mt. These specifications
also include deductions for the expected Canadian catch of 74 mt,
estimated recreational catch of 2,143 mt, and estimated commercial
discards of 115 mt to set a commercial quota of 868 mt. This commercial
quota is a 76-percent decrease from the 2023 commercial quota.
Table 1--Summary of 2024 and Projected 2025 Atlantic Mackerel Fishery
Specifications
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Specifications Metric ton
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ABC/ACL..................................................... 3,200
Canadian Catch Deduction.................................... 74
Recreational Catch Deduction................................ 2,143
Commercial Discards......................................... 115
Commercial Quota............................................ 868
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Because of the low-resulting commercial quota, these specifications
also proposed reduced Atlantic mackerel catch by instituting trip
limits of 20,000 lb (9.08 mt) for all limited access permits and 5,000
lb (2.27 mt) for all open access permits. These trip limits are
unchanged from those in the interim rule. When 80 percent of the
commercial quota is harvested, the trip limits will be further reduced
to 10,000 lb (4.54 mt) for all limited access permits and 2,500 lb
(1.13 mt) for open access permits. The recreational possession limit
will remain status quo at 20 fish per person.
On February 1, 2023 (88 FR 6665), NMFS approved Amendment 23 to the
Mackerel, Squid, and Butterfish FMP and implemented a revised
rebuilding plan for the Atlantic mackerel stock. The reductions in ABC
and trip limits included in this proposed rule were determined to be
necessary to maintain the timeline by which the Atlantic mackerel stock
is rebuilt by 2032 as outlined in Amendment 23.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery
Conservation and Management Act (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. In making a
final determination, NMFS will take into account the data, views, and
comments received during the comment period.
This proposed rule has been determined to be not significant for
purposes of Executive Order (E.O.) 12866.
NMFS finds that a 15-day comment period for this action provides a
reasonable opportunity for public participation in this action pursuant
to section 553(c) of the Administrative Procedure Act (5 U.S.C.
553(c)), while also ensuring that the final specifications are in place
before the interim measures currently in place to reduce Atlantic
mackerel catch expire on April 10, 2024. The Council adopted these
specifications on December 13, 2023, and submitted a preliminary draft
of the supplemental information report on January 3, 2024. Substantial
edits to the economic analysis were required for regional economist
clearance for the Regulatory Flexibility Act, E.O. 12866, and E.O.
14094. The NMFS regional economist provided clearance on February 9,
2024. After incorporating that economic analysis into the rule document
and having the rule reviewed by regional staff, the rule was submitted
to NMFS headquarters on February 16, 2024. NMFS then submitted the rule
to Commerce's Office of the General Counsel for review on February 20,
2024. Thus, NMFS has taken all diligent steps to promulgate this rule
as quickly as possible but could not have published the rule sooner
because the data necessary for the Council to develop these
specifications was not yet finalized.
A longer comment period and subsequent potential delay in
implementation past this date would be contrary to the public interest,
as it could create confusion in the industry around current quotas and
applicable trip limits. Comments were collected on the interim rule (88
FR 70909, October 13, 2023), which implemented the same trip limits as
this action, for 30 days and no comments were submitted. While NMFS is
not waiving the comment period in its entirety, a 30-day comment period
here could result in the interim measures expiring, at which point the
2023 specifications would return as a replacement pursuant to the
rollover provisions of the Atlantic mackerel regulations found at 50
CFR 648.22(d)(1). As noted above, the 2023 specifications were
determined to exceed overfishing levels, and should those measures roll
over into the 2024 fishing year there is a risk that in the high-volume
Atlantic mackerel fishery there could be overfishing.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The Council conducted an evaluation of the potential socioeconomic
impacts of the proposed measures in conjunction with a SIR. The
proposed action would set the 2024 catch and landings limits for
Atlantic mackerel
[[Page 14619]]
based on the recommendations of the SSC and the Council. This action
also provides projected 2025 Atlantic mackerel specifications; however,
a future action would be needed to implement these specifications or
alternative measures for that year.
The Council conducted an evaluation of the potential socioeconomic
impacts of the proposed measures in conjunction with the SIR. This
proposed action would affect all vessels that hold any commercial
permits for Atlantic mackerel. Some small entities own multiple vessels
with Atlantic mackerel permits. In 2023, there were 116 limited access
permits, and 1,500 open access/incidental mackerel permits, for a total
of 1,616 permits. These permits were held by 1,197 entities, 1,186 of
which were small business entities and 11 were classified as large
businesses. A business primarily engaged in commercial fishing is
classified as a small business if it is independently owned and
operated, is not dominant in its field of operation (including its
affiliates), and has combined annual receipts not in excess of $11
million for all its affiliated operations worldwide (North American
Industry Classification System Code 11411).
The average commercial landings from 2021-2023 were 3,520 mt (2023
preliminary). This is 2,652 mt more than the proposed 868 mt commercial
quota proposed in this rule. At 2022 prices, this could potentially
amount to $2,382,849 less revenue annually ($1,991 less annually per
entity). There is no information to suggest that the 1,186 small
business entities would be differentially impacted compared to the 11
large business entities.
Due to declines in the mackerel fishery, relatively few vessels
have been active in the Atlantic mackerel fishery. Only 20 vessel
permits had more than $10,000 in Atlantic mackerel revenues in 2022. In
2023, only 12 vessels had more than $10,000 in Atlantic mackerel
revenues and obtained more than 10 percent of their 2023 ex-vessel
revenues from mackerel. These vessel can be further grouped into 6
smaller operators that averaged about $33,000 in 2023 mackerel landings
(averaging about $55,000 in total ex-vessel landings revenues) and 6
larger operators that averaged about $407,000 in 2023 mackerel landings
(averaging about $1,179,000 in total ex-vessel landings revenues).
These 6 larger vessel/operators are likely to be substantially impacted
by this action. Three of those vessels belong to small entities but
further revenue breakdown would likely violate the spirit of
maintaining data confidentiality. Typically, NMFS would disclose data
if at least three entities were included because that will usually
maintain confidentiality, but in this case, even though there are three
entities, NMFS is not disclosing more information because it is
concerned it would violate confidentiality for those entities.
Given the relatively few vessels that have been landing more than
small values of Atlantic mackerel in recent years, this action is not
expected to have a significant adverse impact on a substantial number
of small entities. There is no information that the action might impact
small businesses differently than large businesses or unduly inhibit
the ability of small entities to compete.
There are no new information collection requirements, including
reporting or recordkeeping requirements, contained in this action.
List of Subjects in 50 CFR Part 648.
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: February 22, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 648 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. 648.24, revise paragraphs (b)(1)(i) and (ii) to read as
follows:
Sec. 648.24 Fishery closures and accountability measures.
* * * * *
(b) * * *
(1) * * *
(i) Unless otherwise determined in paragraph (b)(1)(ii) of this
section, NMFS will close the commercial Atlantic mackerel fishery,
which includes vessels issued an open access or limited access Atlantic
mackerel permit, in the EEZ when the Regional Administrator projects
that 80 percent of the Atlantic mackerel DAH is harvested. The closure
of the commercial fishery shall be in effect for the remainder of that
fishing year, with incidental catches allowed, as specified in Sec.
648.26.
(ii) NMFS has the discretion to not implement measures outlined in
paragraph (b)(1)(i) of this section during November and December if the
Regional Administrator projects that commercial Atlantic mackerel
landings will not exceed the DAH during the remainder of the fishing
year.
* * * * *
0
3. In Sec. 648.26, revise paragraph (a) to read as follows:
Sec. 648.26 Mackerel, squid, and butterfish possession restrictions.
(a) Atlantic mackerel--(1) Initial commercial possession limits. A
vessel must be issued a valid limited access Atlantic mackerel permit
to fish for, possess, or land more than 5,000 lb (2.27 mt) of Atlantic
mackerel in or harvested from the EEZ per trip, provided the fishery
has not been closed as specified in Sec. 648.24(b)(1).
(i) A vessel issued a Tier 1, 2, or 3 limited access mackerel
permit is authorized to fish for, possess, or land up to 20,000 lb
(9.098 mt) of Atlantic mackerel in or harvested from the EEZ per trip,
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, provided that the fishery has not been closed because of a
commercial fishery closure, as specified in Sec. 648.24(b)(1).
(ii) A vessel issued an open access Atlantic mackerel permit may
fish for, possess, or land up to 5,000 lb (2.27 mt) of Atlantic
mackerel in or harvested from the EEZ per trip, 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, provided
that the fishery has not been closed because of a commercial fishery
closure as specified in Sec. 648.24(b)(1).
(iii) Both vessels involved in a pair trawl operation must be
issued a valid Atlantic mackerel permit to fish for possess, or land
Atlantic mackerel in the EEZ. Both vessels must be issued the Atlantic
mackerel permit appropriate for the amount of Atlantic mackerel jointly
possessed by both of the vessels participating in the pair trawl
operation.
(2) Atlantic mackerel closure possession restrictions. Any Atlantic
mackerel possession restrictions implemented under paragraph (a)(2) of
this section will remain in place for the rest of the fishing year,
unless further restricted by a subsequent action. If the entire
commercial Atlantic mackerel fishery is closed due to harvesting the
river herring/shad catch cap, as specified in Sec. 648.24(b)(6) before
a commercial fishery closure, then the Atlantic mackerel possession
restrictions specified in Sec. 648.26(a)(2)(iii) shall remain in place
for the rest of the fishing year.
[[Page 14620]]
(i) Limited Access Fishery. During a closure of the commercial
Atlantic mackerel fishery pursuant to Sec. 648.24(b)(1)(i), when 80
percent of the DAH is harvested, vessels issued a Tier 1, 2, or 3
limited access Atlantic mackerel permit, may not take and retain,
possess, or land more than 10,000 lb (4.54 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.
(ii) Open Access Fishery. During a closure of the Atlantic mackerel
commercial sector pursuant to Sec. 648.24(b)(1)(i), when 80 percent of
the DAH is harvested, vessels issued an open access Atlantic mackerel
permit may not take and retain, possess, or land more than 2,500 lb
(1.13 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.
(iii) River herring/shad catch cap closure. During a closure of the
limited access commercial Atlantic mackerel fishery pursuant to Sec.
648.24(b)(6), when 95 percent of the river herring/shad catch cap has
been harvested, vessels issued an open or 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.
(3) Recreational possession limits. The recreational Atlantic
mackerel possession limit for charter/party and private recreational
anglers is 20 Atlantic mackerel per person per trip, including for-hire
crew.
* * * * *
[FR Doc. 2024-04109 Filed 2-27-24; 8:45 am]
BILLING CODE 3510-22-P
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