Rule2024-24928
Fisheries of the Northeastern United States; Framework Adjustment 16 to the Mackerel, Squid, and Butterfish Fishery Management Plan
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Published
October 29, 2024
Effective
November 29, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS approves and implements Framework Adjustment 16 to the Mackerel, Squid, and Butterfish Fishery Management Plan. Framework Adjustment 16 was developed by the Mid-Atlantic Fishery Management Council to establish a volumetric vessel hold capacity baseline for limited access Illex squid vessels, allow NMFS to collect information on vessel processing type from limited access Illex and Tier 1 longfin squid vessels, and clarify existing Illex squid reporting requirements. This action is necessary to restrict future increases in capacity in the Illex squid fishery and gain more accurate catch information to inform stock assessments.
Full Text
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<title>Federal Register, Volume 89 Issue 209 (Tuesday, October 29, 2024)</title>
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[Federal Register Volume 89, Number 209 (Tuesday, October 29, 2024)]
[Rules and Regulations]
[Pages 85885-85888]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24928]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 241022-0277]
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: Final rule.
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SUMMARY: NMFS approves and implements Framework Adjustment 16 to the
Mackerel, Squid, and Butterfish Fishery Management Plan. Framework
Adjustment 16 was developed by the Mid-Atlantic Fishery Management
Council to establish a volumetric vessel hold capacity baseline for
limited access Illex squid vessels, allow NMFS to collect information
on vessel processing type from limited access Illex and Tier 1 longfin
squid vessels, and clarify existing Illex squid reporting requirements.
This action is necessary to restrict future increases in capacity in
the Illex squid fishery and gain more accurate catch information to
inform stock assessments.
DATES: Effective November 29, 2024, except for instruction 3 amending
Sec. Sec. 648.4(a)(5)(ii)(F), 648.4(a)(5)(ii)(H), and
648.4(c)(2)(viii), which is effective November 28, 2025.
ADDRESSES: Copies of Framework Adjustment 16, including the preliminary
Regulatory Impact Review and the Regulatory Flexibility Act Analysis
prepared by the Mid-Atlantic Fishery Management Council, 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>.
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 via the internet at <a href="https://www.greateratlantic.fisheries.noaa.gov">https://www.greateratlantic.fisheries.noaa.gov</a>.
FOR FURTHER INFORMATION CONTACT: Maria Fenton, Fishery Policy Analyst,
(978) 281-9196, or <a href="/cdn-cgi/l/email-protection#315c504358501f57545f455e5f715f5e50501f565e47"><span class="__cf_email__" data-cfemail="f69b97849f97d8909398829998b698999797d8919980">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The Mid-Atlantic Fishery Management Council adopted Framework
Adjustment 16 to the Mackerel, Squid, and Butterfish Fishery Management
Plan (FMP) during its October 2023 meeting. This action was initiated
following NMFS' September 7, 2022, disapproval of Amendment 22 to the
Mackerel, Squid, and Butterfish FMP. The purpose of Amendment 22 was to
better align fleet capacity with current quotas by creating a tiered
permit system for the current limited access Illex squid permits to
remove latent effort from the fishery. Amendment 22 was developed in
response to an overall increase in the number of active limited access
Illex vessels, which had no trip limits, and a perceived increase in
racing to fish during the weeks leading up to Illex fishery closures
since 2017. To address these issues, Amendment 22 proposed reallocating
existing Illex squid limited access permits through tiered permitting
measures. NMFS' review of Amendment 22 determined 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 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 considered alternative measures to address potential latent
effort in the Illex fishery through Framework 16.
Approved Measures
This action approves the management measures recommended in
Framework Adjustment 16 to the Mackerel, Squid, and Butterfish FMP. The
measures implemented in this final rule are:
1. Volumetric Hold Baseline for Limited Access Illex Squid Vessels
Section 303(b)(4) of the Magnuson-Stevens Act allows for provisions
in an FMP that limit the type and quantity of vessels participating in
a fishery, for conservation and management purposes. This action
establishes a volumetric vessel hold capacity baseline for limited
access Illex squid vessels in order to restrict future increases in
capacity in the fishery. This baseline will be required in addition to
the standard length and horsepower baselines that are mandatory for all
Federal limited access permits in the Greater Atlantic Region.
In order to establish its volumetric hold baseline, a limited
access Illex squid vessel's fish hold capacity measurement must be
certified by a qualified individual or entity as specified at 50 CFR
648.4(a)(5)(ii)(H)(1). Limited access Illex squid vessels must submit a
fish hold capacity measurement, along with a signed certification by
the qualified individual or entity, to NMFS within 395 days of the
publication of this final rule. A similar volumetric hold baseline was
implemented for Tier 1 and Tier 2 Atlantic mackerel permit holders
through Amendment 11 to the Mackerel, Squid, and Butterfish FMP (76 FR
68642, November 7, 2011) in 2011. If a vessel already has a volumetric
hold baseline related to a Tier 1 or Tier 2 mackerel permit, that
baseline could be used for its limited access Illex squid permit as
well, and no new survey is required.
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 will be established based
on the fish hold capacity measurement of the first replacement vessel
greater than 20 feet (ft) (6.09 meters (m)) after the permit is removed
from CPH (at which point the vessel's fish hold would have to be
measured consistent with the requirements at Sec.
648.4(a)(5)(ii)(H)(1) before the vessel could fish under the permit).
If a permit in CPH already had an existing fish hold capacity
measurement from the vessel immediately preceding the permit's
placement into CPH that met the certification requirements, that
measurement could be used to establish a volumetric hold baseline for
the Illex squid permit during the implementation period.
If a limited access Illex squid vessel is upgraded (through
refitting or replacement), the upgraded vessel's volumetric hold
capacity cannot exceed its volumetric hold baseline by more than 10
percent. The modified fish hold, or the fish hold of the replacement
vessel, must be surveyed by a qualified
[[Page 85886]]
surveyor, as described at Sec. 648.4(a)(5)(ii)(H), unless the
replacement vessel already has an appropriate fish hold capacity
measurement on file with NMFS, in which case no new survey is required.
2. Limited Access Illex and Longfin Squid Processing Type
Section 303(a)(5) of the Magnuson-Stevens Act requires FMPs to
specify the pertinent data that shall be submitted to the Secretary
with respect to commercial, recreational, charter fishing, and fish
processing in the fishery. This action authorizes NMFS to collect
information on processing type (e.g., frozen at-sea, refrigerated sea
water, fresh/iced) from vessels issued a limited access Illex or Tier 1
longfin squid permit. Vessel processing type information will be
collected annually during the permit renewal process as described at
Sec. 648.4(c)(2)(ix), beginning in permit year 2025 (starting January
1, 2025). This information will help scientists analyze the catch per
unit effort (CPUE) in the Illex and longfin squid fisheries, which will
improve the monitoring and management of these fisheries.
3. Clarifications to Existing Illex Squid Vessel Reporting Requirements
Section 305(d) of the Magnuson-Stevens Act requires the Secretary
to promulgate regulations necessary to carry out any FMP, FMP
amendment, or other provision of the Magnuson-Stevens Act. This action
clarifies an existing requirement that limited access Illex squid
vessels are required to submit daily vessel monitoring system (VMS)
catch reports while on declared Illex squid trips, as described at
Sec. 648.7(b)(3)(iv).
Comments and Responses
We received nine public comments on the Framework Adjustment 16
proposed rule during the public comment period: One from Seafreeze
Ltd.; four from the Town Dock; one from Lund's Fisheries; and three
from members of the public. Consolidated responses are provided to
similar comments on the proposed measures.
Limited Access Illex Squid Vessel Volumetric Hold Baseline
Comment 1: Two commenters (Seafreeze Ltd. and Lund's Fisheries)
supported the proposed measure establishing a volumetric hold baseline
for limited access Illex squid vessels. Seafreeze Ltd. stated that
establishing a volumetric hold baseline will help prevent speculative
entry and activation of latent effort (from smaller-capacity vessels
onto larger-capacity vessels) in the Illex squid fishery. Seafreeze
Ltd. also explained that many existing participants in the Illex squid
fishery hold Tier 1 or Tier 2 mackerel permits with associated hold
capacity baselines, but new entrants often do not. Therefore, because
those new vessels do not have an existing baseline limiting hold
expansion, their entry into the fishery could significantly increase
fleet capacity. Lund's Fisheries stated that establishing a volumetric
hold baseline for limited access Illex squid vessels would be a good
first step towards freezing the footprint of the fishery and matching
harvesting capacity to resource availability. Lund's Fisheries also
noted that in its experience, certified hold measurements can be
obtained at a reasonable cost, and would provide the Council with
important effort information. Lund's Fisheries was also supportive of
the flexibility given to permits in CPH being able to use an existing
fish hold measurement from a previous vessel to establish that permit's
hold capacity baseline.
Response 1: We agree and are approving and implementing the measure
as proposed.
Comment 2: Seven commenters (four from the Town Dock and three
members of the public) opposed the implementation of a volumetric hold
baseline for limited access Illex squid vessels. Six commenters (three
from the Town Dock and three members of the public) felt that the
establishment of this baseline was redundant and unnecessary, given
that limited access permits in the Greater Atlantic Region already have
length and horsepower baselines and with associated upgrade
restrictions. Five commenters (three from the Town Dock and one member
of the public) stated that adding a hold capacity baseline will make it
more difficult for permit holders to upgrade aging vessels in the
future, as finding replacement vessels that fits the existing length
and horsepower baselines is already challenging.
Response 2: We have considered this comment and disagree that
establishing a volumetric hold baseline for limited access Illex squid
vessels is unnecessary. While it is true that Greater Atlantic Region
limited access permits are already subject to length and horsepower
baselines and upgrade restrictions, due to the high volume nature of
the Illex fishery, a vessel's fishing capacity can be significantly
increased via hold modification while staying within its length and
horsepower requirements. This is why the Council chose to pursue hold
capacity restrictions as a tool to cap fishing power in the Illex
fishery and we are implementing the measure as proposed. We acknowledge
that accommodating a third baseline may make it more difficult to find
replacement vessels in the future, but the overall benefits to the
fleet resulting from the establishment of a volumetric hold baseline
outweigh this challenge.
Comment 3: Three commenters from the Town Dock commented that
overfishing of Illex squid is not occurring, and only a relatively
small percentage of the quota has been harvested in recent years.
Commenters stated that this indicates that there is not an overcapacity
issue in the fishery, and wondered why additional restrictions on hold
capacity are necessary. Similarly, one member of the comment questioned
why this measure is necessary given that the Illex commercial quota has
increased in recent years.
Response 3: The statement that overfishing of the Illex squid stock
is not occurring requires some clarification. The 2022 Illex squid
management track assessment was unable to make overfishing or
overfished determinations for the stock because there are no reference
points or accepted methods for estimating fishing mortality rate and
biomass. As a result, the stock status is unknown.
It is true that in recent years the Illex squid acceptable
biological catch (ABC) has increased (from 30,000 mt in 2020 to 40,000
mt in 2023), and a relatively small percentage of the domestic annual
harvest (DAH) has been caught annually in the last few years (15
percent in 2022 and 14 percent in 2023). However, during 2019-2021,
data indicate that 98-113 percent of the Illex squid DAH was caught.
Further, when resource abundance was high during 2017-2019, the number
of active vessels participating in the fishery increased, landings in
the weeks leading up to closures increased, and landings per active
vessel declined. In response to these findings, the Council developed
the volumetric hold baseline measure to help freeze the footprint of
the Illex squid fishery and curb further increases in fishing capacity,
and we are implementing the measure as proposed.
Comment 4: Several commenters (four from the Town Dock and three
members of the public) referenced the estimated costs associated with
implementing a vessel hold capacity baseline, explaining that this will
be burdensome to vessel owners. Four commenters (three from the Town
Dock and one member of the public) explained that recent poor harvest
of Illex and longfin squid has already put the fleet under
[[Page 85887]]
financial strain, which will make it even more difficult to pay to
obtain certified hold measurements. One commenter from the Town Dock
estimated that it could cost more than $30,000 to get their vessels
measured, and explained that other recent increases in business
expenses (e.g., fuel, labor, insurance) will make these costs more
difficult to accommodate.
Response 4: While the economic impact of complying with the
volumetric hold baseline may be substantial for some participants in
the Illex squid fishery, we considered the nature and extent of these
costs relative to the benefits of the measure. We also attempted to
minimize the costs to the fleet by giving permit holders the
flexibility to use existing certified hold measurements (e.g., from a
Tier 1 or Tier 2 mackerel permit, from a vessel prior to a permit going
into CPH) to establish the volumetric hold baseline for their limited
access Illex squid permit.
Limited Access Illex and Tier 1 Longfin Squid Processing Type
Comment 5: Lund's Fisheries opposed allowing NMFS to collect
information about processing type from limited access Illex and Tier 1
longfin squid vessels, stating that this information is already
recorded through the Northeast Fisheries Science Center's Study Fleet
program and has already been used by scientists in recent stock
assessments.
Response 5: We disagree that processing type information is already
readily available for the Illex and longfin squid fisheries. Study
Fleet program data, including processing type information, was used in
the 2022 Illex squid research track assessment to calculate CPUE
information for the ``wet'' and ``freezer'' components of the fleet.
The assessment report states that the data collected through the Study
Fleet program appear to be fairly representative of the wet boat
portion of the fleet, but the utility of the data for calculating CPUE
for the freezer boat portion is limited due to the fact that only one
freezer vessel participates. Authorizing NMFS to collect processing
type information from all limited access Illex and Tier 1 longfin squid
vessels will help fill this data gap and improve scientists' ability to
calculate CPUE for all components of both fisheries. Additionally,
because this information will be collected through a single question on
a vessel application that is already required annually, we expect there
to be negligible added burden to the fleet resulting from this measure.
Clarifications to Existing Illex Squid Vessel Reporting Requirements
Comment 6: Lund's Fisheries supported the proposed clarifications
to existing Illex squid vessel reporting requirements.
Response 6: NMFS agrees and is approving and implementing the
clarification as proposed.
Changes From the Proposed Rule
There are no changes from the proposed rule.
Classification
NMFS is issuing this rule pursuant to sections 304(b) and 305(d) of
the Magnuson-Stevens Act. The NMFS Assistant Administrator has
determined that this final rule is consistent with the Mackerel, Squid,
and Butterfish 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 Executive Order (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.
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. As a result, a final regulatory
flexibility analysis was not required and none was prepared.
This final rule contains collection-of-information requirements
subject to review and approval by the Office of Management and Budget
(OMB) under the Paperwork Reduction Act (PRA). This rule revises the
existing requirements for the collection of information OMB Control No.
0648-0202, Greater Atlantic Region Permit Family of Forms, by requiring
limited 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 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).
Vessel processing type information will be collected through an
existing permit renewal form and will add a negligible additional
burden amounting to no cost; therefore, it does not need additional
approval through the PRA. 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 final rule are simply a clarification of existing
regulatory requirements and do not need additional approval through the
PRA.
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, Reporting and recordkeeping requirements.
Dated: October 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 amends 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. Amend Sec. 648.4 by adding paragraph (c)(2)(viii) and (ix) to read
as follows:
Sec. 648.4 Vessel permits.
* * * * *
(c) * * *
(viii) [Reserved]
(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. Effective November 28, 2025, further amend Sec. 648.4 by revising
paragraphs (a)(5)(ii)(F) and (H) and adding paragraph (c)(2)(viii) to
read as follows:
Sec. 648.4 Vessel permits.
(a) * * *
(5) * * *
[[Page 85888]]
(ii) * * *
(F) Upgraded vessel. See paragraph (a)(1)(i)(F) of this section. In
addition for moratorium Illex squid permits, the upgraded 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 November 28, 2025 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 could be applied 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 November 28, 2025. 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.
* * * * *
0
4. 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
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. 2024-24928 Filed 10-28-24; 8:45 am]
BILLING CODE 3510-22-P
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