Proposed Rule2024-17037
Fisheries of the Northeastern United States; Framework Adjustment 16 to the 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
August 5, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes regulations to implement Framework Adjustment 16 to the Mackerel, Squid, and Butterfish Fishery Management Plan. Framework 16 was developed by the Mid-Atlantic Fishery Management Council to establish a volumetric hold baseline for limited access Illex squid vessels, clarify Illex squid reporting requirements, and allow NMFS to collect information on the vessel processing type for Illex and longfin squid vessels. This action is necessary to restrict future increases in the capacity of the Illex squid fishery and to gain more accurate catch information to inform stock assessments.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 150 (Monday, August 5, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 150 (Monday, August 5, 2024)]
[Proposed Rules]
[Pages 63394-63397]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17037]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 240726-0205]
RIN 0648-BN02
Fisheries of the Northeastern United States; Framework Adjustment
16 to the 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.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes regulations to implement Framework Adjustment 16
to the Mackerel, Squid, and Butterfish Fishery Management Plan.
Framework 16 was developed by the Mid-Atlantic Fishery Management
Council to establish a volumetric hold baseline for limited access
Illex squid vessels, clarify Illex squid reporting requirements, and
allow NMFS to collect information on the vessel processing type for
Illex and longfin squid vessels. This action is necessary to restrict
future increases in the capacity of the Illex squid fishery and to gain
more accurate catch information to inform stock assessments.
DATES: Comments must be received on or before Tuesday, August 20, 2024.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2024-0060, 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-2024-0060 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).
The Mid-Atlantic Fishery Management Council prepared a Framework 16
document that describes the proposed action and other alternatives
considered. Copies of this document including the preliminary
Regulatory Impact Review, and the Regulatory Flexibility Act analysis,
are available from: Dr. Christopher M. Moore, Executive Director, Mid-
Atlantic Fishery Management Council, Suite 201, 800 North State Street,
Dover, DE 19901. The document 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: Maria Fenton, Fishery Policy Analyst,
(978) 281-9196, or <a href="/cdn-cgi/l/email-protection#96fbf7e4fff7b8f0f3f8e2f9f8d6f8f9f7f7b8f1f9e0"><span class="__cf_email__" data-cfemail="c7aaa6b5aea6e9a1a2a9b3a8a987a9a8a6a6e9a0a8b1">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
General Background
In 2019, the Mid-Atlantic Fishery Management Council (Council)
initiated Amendment 22 to the Mackerel, Squid, and Butterfish Fishery
Management Plan (FMP). The intent of this action was to revise the
number and type of Illex squid permits to address the negative effects
from a perceived race to fish after the fishery closed in August or
September from 2017 to 2021 when the annual quota had been caught.
However, NMFS ultimately disapproved Amendment 22 on September 7, 2022,
because the agency concluded that the record supporting the Council's
proposal was not adequate or sufficient to support a decision to
further restrict the number and types of permits in the Illex squid
fishery in light of the Magnuson-Stevens Fishery Conservation and
Management Act's (Magnuson-Stevens Act) National Standards, Amendment
22's stated purpose and need, and the goals and objectives of the FMP.
Following the disapproval of Amendment 22, the Council decided to move
forward with Framework 16 in order to address potential latent effort
in the Illex squid fishery. The Council adopted proposed Framework 16
measures at its October 2023 meeting with the goal of capping fishing
power in the Illex squid fishery.
Proposed Measures
The Magnuson-Stevens Act requires NMFS to approve, partially
approve, or disapprove measures proposed by the Council. The Magnuson-
Stevens Act also requires NMFS to publish proposed rules for public
comment after preliminarily determining whether the measures are
consistent with applicable law. NMFS is proposing and seeking comment
on the measures in Framework Adjustment 16, as recommended by the
Council.
1. Volumetric Hold Baseline for Limited Access Illex Squid Vessels
This action proposes establishing a volumetric hold baseline for
limited access Illex squid vessels in order to restrict future
increases in capacity in this fishery. This would be a vessel baseline
measurement in addition to the standard horsepower and length baseline
measures required for all federally permitted vessels in the Greater
Atlantic Region. If NMFS implements the proposed volumetric hold
baseline requirement for limited access Illex squid permit holders
through a subsequent final rule, a
[[Page 63395]]
vessel's fish hold capacity measurement would need be certified by a
qualified individual or entity as specified in the proposed regulation
text. The fish hold capacity measurement would need to be submitted to
NMFS and must include a signed certification by the qualified
individual or entity within 12 months of the implementation of the
final rule for this action. A similar volumetric hold baseline
requirement was implemented for Tier 1 and Tier 2 Atlantic mackerel
permit holders through Amendment 11 to the Mackerel, Squid, and
Butterfish FMP in 2011 (76 FR 86842). If a vessel already possesses a
volumetric hold baseline related to its Tier 1or Tier 2 Atlantic
mackerel permit, that hold baseline could be incorporated for its
limited access Illex squid permit as well.
If a limited access Illex squid permit is in Confirmation of Permit
History (CPH) when fish hold capacity measurements are due, the default
volumetric hold baseline for that CPH permit would be established based
on the fish hold capacity measurement of the first replacement vessel
greater than 20 ft (6.09 m) after the permit is removed from CPH (at
which point the vessel's fish hold would have to be measured under the
certification requirements before fishing under the permit). If a
permit in CPH already had an existing fish hold capacity measurement
for the vessel immediately preceding the permit's placement into CPH
which met the measurement certification requirements, that fish hold
capacity measurement could be used to establish a volumetric hold
baseline for the Illex squid permit within the implementation period.
Replacement or upgraded vessels' re-certified fish hold capacity
measurements could not exceed 110 percent of the permit's volumetric
hold baseline (i.e., there could only be an increase of 10 percent
beyond the volumetric hold baseline). The modified fish hold, or the
fish hold of the replacement vessel, would have to be surveyed by a
qualified surveyor as described in the proposed regulation text, unless
the replacement vessel already had an appropriate fish hold capacity
measurement on file with NMFS.
2. Illex and Longfin Squid Processing Type
This action also proposes to allow NMFS to collect information on
the vessel processing type for Illex squid moratorium permits and Tier
1 longfin squid permits to help analyze the catch per unit effort for
these fisheries. This information would be collected annually through
the permit renewal application process. When these vessels submit their
permit renewal application, they would need to indicate the vessel
processing type (i.e., freezing at-sea, refrigerated sea water, or
fresh/iced) that they primarily intend to use for the coming fishing
year.
3. Illex Squid Vessel Reporting Clarifications
Finally, this action proposes to clarify that limited access Illex
squid vessels are required to report daily via the vessel monitoring
system (VMS) while on a declared Illex squid trip. This clarification
was requested by the Council during the development of Amendment 22,
but due to the disapproval of that action (for reasons that had nothing
to do with this reporting adjustment), NMFS committed to address this
clarification in this action instead. These daily catch reports would
include the amount of retained and discarded Illex squid and total
pounds of all fish retained. These reports need to be submitted in 24-
hr intervals for each day and must be submitted by 0900 hr on the
following day. Reports are required even if Illex squid caught that day
have not yet been landed.
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. 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.
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 included in this rule. This proposed
action would have the potential to affect vessels that hold limited
access Illex and longfin squid permits. The analysis found that in
2023, there were 180 affiliates that held such permits, and 173 were
small business entities and 7 were classified as large business
entities. 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 primary impact for regulated entities involves the cost of a
survey to document vessel hold size. This would affect the 46 Illex
squid permits that do not also have a similar requirement related to
their existing Atlantic mackerel permit. The cost of a marine surveyor
to measure a vessel's fish hold could cost approximately $10-$80 per
foot of vessel length, which could range from $750-$6,000 for a 75-ft
(22.9 m) vessel to $1,500-$12,000 for a 150-ft (45.7 m) vessel,
depending on the surveyor, the boat design, and travel expenses. To the
extent that surveys are already required for insurance purposes these
costs may be already part of a vessel's operating costs. Given the
overall costs of operating a fishing vessel, these one-time costs do
not appear to be a significant impact on a substantial number of small
entities. The vessel hold baseline upgrade restriction also limits how
vessels may be re-configured or replaced. However, in the foreseeable
future, a substantial number of small entities are unlikely to undergo
extensive re-configurations or replacements as vessels are already
restricted by their length overall and horsepower.
The additional reporting requirements and annual reporting
requirement for processing type should be a negligible addition to
existing documentation requirements.
This proposed rule contains collection-of-information requirements
subject to review and approval by the Office of Management and Budget
under the Paperwork Reduction Act (PRA). This rule revises the existing
requirements for the collection of information 0648-0202, Greater
Atlantic Region Permit Family of Forms.
This action proposes that limited access Illex squid vessels obtain
a vessel hold measurement and submit that documentation to NMFS. There
are 46 limited access Illex squid permits that do not currently have a
vessel hold measurement on file with NMFS, the remaining Illex squid
permits already have a vessel hold measurement on file due to the same
requirement for their Tier 1 or Tier 2 Atlantic mackerel permit. The
burden estimate for verifying vessel specifications is 3 hours
[[Page 63396]]
per vessel therefore the total burden hours would be 138 hours. The
hourly wage rate is $33.78 which would result in a wage burden increase
of $4,661.64 (138 hours x $33.78).
The costs and burden hours for daily VMS reporting in the Illex
squid fishery have already been calculated and received public comments
through a previous action. Therefore the changes in this proposed rule
are simply a clarification of existing regulatory requirements and do
not need additional approval through the PRA. The reporting of the
vessel processing type that is proposed in this action will be on the
permit renewal form and will add an negligible additional burden
amounting to no cost, therefore it also does not need additional
approval through the PRA.
Public comment is sought regarding: whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; the accuracy of the burden estimate; ways to
enhance the quality, utility, and clarity of the information to be
collected; and ways to minimize the burden of the collection of
information, including through the use of automated collection
techniques or other forms of information technology. Submit comments on
these or any other aspect of the collection of information at
<a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>.
Notwithstanding any other provision of the law, no person is
required to respond to, and no person shall be subject to 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, Reporting and recordkeeping requirements.
Dated: July 29, 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. 648.4, revise paragraphs (a)(5)(ii)(F) and (H), and add
paragraphs (c)(2)(viii) and (ix) to read as follows:
Sec. 648.4 Vessel permits.
* * * * *
(a) * * *
(5) * * *
(ii) * * *
(F) Upgraded vessel. See paragraph (a)(1)(i)(F) of this section. In
addition for moratorium Illex squid permits, the replacement vessel's
volumetric hold capacity may not exceed by more than 10 percent the
volumetric fish hold capacity of the vessel's baseline specifications.
The modified fish hold, or the fish hold of the replacement vessel,
must be surveyed by a surveyor (accredited as in paragraph
(a)(5)(ii)(H) of this section) and submitted to NMFS unless the
replacement vessel already had an appropriate certification.
* * * * *
(H) Vessel Baseline specifications.
(1) The volumetric fish hold capacity of vessels with an Illex
squid moratorium permit will be considered a vessel baseline
specification in addition to the baseline specifications set forth in
paragraph (a)(3)(i)(H) of this section. Volumetric fish hold capacity
for vessels with moratorium Illex squid permit must be established not
later than [DATE 395 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE IN
THE FEDERAL REGISTER] if not previously established as specified in
paragraphs (a)(5)(ii)(H)(2) of this section. The fish hold capacity
measurement must be certified by one of the following qualified
individuals or entities: An individual credentialed as a Certified
Marine Surveyor with a fishing specialty by the National Association of
Marine Surveyors (NAMS); an individual credentialed as an Accredited
Marine Surveyor with a fishing specialty by the Society of Accredited
Marine Surveyors (SAMS); employees or agents of a classification
society approved by the Coast Guard pursuant to 46 U.S.C. 3316(c); the
Maine State Sealer of Weights and Measures; a professionally-licensed
and/or registered Marine Engineer; or a Naval Architect with a
professional engineer license. The fish hold capacity measurement
submitted to NMFS as required in this paragraph (a)(5)(ii)(H)(1) must
include a signed certification by the individual or entity that
completed the measurement, specifying how they meet the definition of a
qualified individual or entity. If the vessel's permit suite does not
include a Tier 1 or Tier 2 limited access Atlantic mackerel permit for
which a volumetric fish hold capacity baseline has been established,
the permit is not in CPH, or the volumetric hold measurement is not
submitted as established by the date listed above, the subsequent
moratorium Illex squid permit renewal application may be deemed
incomplete until the volumetric hold measurement has been established.
(2) If an Illex squid vessel already possesses a volumetric hold
baseline related to its Tier 1 or Tier 2 limited access Atlantic
mackerel permit as specified in paragraph (a)(3)(iii)(H)(1), that
measurement will automatically apply as a baseline specification for
its Illex squid moratorium permit.
(3) If an Illex squid permit in CPH has an existing volumetric hold
measurement pursuant to paragraph (a)(5)(ii)(H)(1) of this section for
the vessel immediately preceding the permit's placement into CPH, that
volumetric hold measurement may be used to establish a vessel hold
baseline specification not later than [DATE 395 DAYS AFTER DATE OF
PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER]. In the alternative,
if an Illex squid permit is in CPH, the volumetric hold capacity
baseline may be the hold capacity of the first replacement vessel
greater than 20 ft (6.09 m) after the permits are removed from CPH.
Hold capacity for the replacement vessel must be measured pursuant to
paragraph (a)(5)(ii)(H)(1) of this section.
* * * * *
(c) * * *
(2) * * *
(viii) The owner of a vessel that has been issued a limited access
Illex squid permit must submit a volumetric hold certification
measurement, as described paragraph (a)(5)(ii)(H) of this section,
otherwise the permit application for 2026 will be considered
incomplete.
(ix) An application for limited access Illex squid and Tier 1
longfin squid permit must also contain the primary vessel processing
type for the coming fishing year.
* * * * *
0
3. In Sec. 648.7, add paragraph (b)(3)(iv) to read as follows:
Sec. 648.7 Record keeping and reporting requirements.
* * * * *
(b) * * *
(3) * * *
(iv) Illex squid moratorium permit owners or operators. The owner
or operator of a vessel issued an Illex squid moratorium permit must
report catch (retained and discarded of Illex squid daily via VMS,
unless exempted by the Regional Administrator. The report must include
at least the following information, and any other information required
by the Regional Administrator: Electronic Vessel Trip Report Trip
[[Page 63397]]
Identifier; month, day, and year Illex squid was caught; total pounds
of Illex squid retained and total pounds of all fish retained. Daily
Illex squid VMS catch reports must be submitted in 24-hr intervals for
each day and must be submitted by 0900 hr on the following day. Reports
are required even if Illex squid caught that day have not yet been
landed. This report does not exempt the owner or operator from other
applicable reporting requirements of this section.
* * * * *
[FR Doc. 2024-17037 Filed 8-2-24; 8:45 am]
BILLING CODE 3510-22-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 5, 2024.
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.