Proposed Rule2025-08368
Fisheries of the Northeastern United States; 2025-2026 Specifications for the Mackerel, Squid, and Butterfish Fishery Management Plan
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Published
May 13, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes 2025-2026 specifications for the Mackerel, Squid, and Butterfish Fishery Management Plan (FMP), as recommended by the Mid-Atlantic Fishery Management Council (Council). This action proposes new 2025 and projected 2026 butterfish fishery specifications, and reaffirmed 2025 chub mackerel, Illex squid, longfin squid, and Atlantic mackerel fishery specifications. The proposed specifications are intended to establish allowable harvest levels that will prevent overfishing, consistent with the most recent scientific information. This action would also adjust the minimum square mesh size for directed butterfish trawl trips; account for a 2024 Atlantic mackerel annual catch limit overage (if applicable); and correct existing regulations.
Full Text
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<title>Federal Register, Volume 90 Issue 91 (Tuesday, May 13, 2025)</title>
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[Federal Register Volume 90, Number 91 (Tuesday, May 13, 2025)]
[Proposed Rules]
[Pages 20265-20270]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08368]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 250506-0078]
RIN 0648-BN43
Fisheries of the Northeastern United States; 2025-2026
Specifications for 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 2025-2026 specifications for the Mackerel,
Squid, and Butterfish Fishery Management Plan (FMP), as recommended by
the Mid-Atlantic Fishery Management Council (Council). This action
proposes new 2025 and projected 2026 butterfish fishery specifications,
and reaffirmed 2025 chub mackerel, Illex squid, longfin squid, and
Atlantic mackerel fishery specifications. The proposed specifications
are intended to establish allowable harvest levels that will prevent
overfishing, consistent with the most recent scientific information.
This action would also adjust the minimum square mesh size for directed
butterfish trawl trips; account for a 2024 Atlantic mackerel annual
catch limit overage (if applicable); and correct existing regulations.
DATES: Public comments must be received by June 12, 2025.
ADDRESSES: A plain language summary of this proposed rule is available
at <a href="https://www.regulations.gov/docket/NOAA-NMFS-2025-0011">https://www.regulations.gov/docket/NOAA-NMFS-2025-0011</a>. You may
submit comments on this document, identified by NOAA-NMFS-2025-0011, by
any of the following methods:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal. Visit <a href="https://www.regulations.gov">https://www.regulations.gov</a> and
type NOAA-NMFS-2025-0011 in the Search box. 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 a 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).
FOR FURTHER INFORMATION CONTACT: Maria Fenton, Fishery Policy Analyst,
(978) 281-9196.
SUPPLEMENTARY INFORMATION:
Background
NMFS and the Council manage fisheries for Atlantic mackerel, chub
mackerel, Illex squid, longfin squid, and butterfish pursuant to the
Mackerel, Squid, and Butterfish FMP. In 2023, the most recent year for
which complete revenue data are available, these five species supported
fisheries producing an overall $46 million in revenues.
Regulations implementing the Mackerel, Squid, and Butterfish FMP
appear at 50 CFR part 648, subpart B.
[[Page 20266]]
Section 302(g)(1)(B) of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act; 16 U.S.C. 1852(g)(1)(B)) states
that the Scientific and Statistical Committee (SSC) for each regional
fishery management council shall provide its council with ongoing
scientific advice for fishery management decisions, including
recommendations for acceptable biological catch (ABC), preventing
overfishing, ensuring maximum sustainable yield (MSY), 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 Northeast Fisheries Science Center completed the most recent
butterfish management track assessment in June 2024. Consistent with
the 2022 management track assessment, the results of the 2024
assessment indicated that the stock is not overfished and overfishing
is not occurring. The assessment also found that spawning stock biomass
(SSB) is well above the biomass target (SSB<INF>MSY</INF> proxy), and
fishing mortality (F) is well below the overfishing threshold proxy
(F<INF>MSY</INF> proxy). The assessment noted, however, that both of
these conclusions depend heavily on estimates of natural mortality (M)
and survey catchability, both of which are sources of considerable
uncertainty.
The SSC met in July 2024 to review the results of the 2024
butterfish assessment and make ABC recommendations. As it did with the
results of the 2022 assessment, when developing its butterfish ABC
recommendations, the SSC substituted an alternative F<INF>MSY</INF>
equal to \2/3\*M. This adjusts the magnitude of projected catches
downward, and is thought to be more consistent with ecological
characteristics of short-lived forage fish. The SSC also used an OFL
coefficient of variation of 150 percent to generate its ABC
recommendations.
In September 2024, the Mackerel, Squid, and Butterfish Monitoring
Committee reviewed the SSC's ABC recommendations, Advisory Panel and
staff input, and updated fishery data, and finalized its
recommendations for 2025 and projected 2026 butterfish specifications.
During its October 2024 meeting, the Council reviewed this input and
finalized its recommendations for proposed 2025 and projected 2026
butterfish specifications.
Section 303(c) of the Magnuson-Stevens Act (16 U.S.C. 1853(c))
allows a Council to submit proposed regulations that it deems necessary
or appropriate for making modifications to regulations implementing an
FMP or FMP amendment to the Secretary of Commerce. Section 304(b) of
the Magnuson-Stevens Act (16 U.S.C. 1854(b)) requires the Secretary of
Commerce to evaluate the Council's proposed regulations to determine
whether they are consistent with the FMP, FMP amendment, the Magnuson-
Stevens Act, and other applicable law. If that determination is
affirmative, the Secretary must publish the proposed regulations in the
Federal Register for public comment, and to promulgate a final rule
after the end of the comment period. Implementing regulations for the
Mackerel, Squid, and Butterfish FMP at Sec. 648.22(d)(1) state that if
the proposed specifications that are published in the Federal Register
differ from those recommended by the Council, the reasons for those
differences must be clearly stated, and the revised specifications must
satisfy the criteria set forth in that section.
NMFS proposes to implement the Council's recommended butterfish
specifications pursuant to sections 303(c) and 304(b) of the Magnuson-
Stevens Act. Through this rule, NMFS also proposes to reaffirm
previously-projected specifications (with several revisions to ensure
that all components of the applicable specifications as described at
Sec. 648.22 are accounted for), account for a potential overage of the
Atlantic mackerel ACL (if necessary), and make corrections to existing
regulations pursuant to section 305(d) of the Magnuson-Stevens Act,
which authorizes the Secretary to implement management measures
necessary to carry out an approved fishery management plan.
Proposed 2025 and Projected 2026 Butterfish Specifications
Relative to 2024, the Council's recommended 2025 specifications
would:
<bullet> Increase the OFL by 9.3 percent;
<bullet> Increase the ABC/annual catch limit (ACL) by 8.6 percent;
<bullet> Lower the annual catch target (ACT) buffer to zero
percent, resulting in a 14.3-percent increase in the ACT;
<bullet> Increase assumed other discards by 52.8 percent and the
total discard set-aside by 12.8 percent;
<bullet> Maintain the butterfish discard cap in the longfin squid
fishery;
<bullet> Increase the domestic annual harvest (DAH) by 15.0
percent; and
<bullet> Maintain the trimester allocations for the butterfish
mortality cap.
In 2026, the projected butterfish OFL, ABC, and ACT would decrease
by 19.1 percent, and the projected DAH would decrease by 28.9 percent,
relative to 2025. The remainder of the projected 2026 specifications
would remain status quo relative to 2025. The Council's recommended
2025 and projected 2026 butterfish specifications did not include zero
values for research set-aside (RSA) and total allowable level of
foreign fishing (TALFF), and did not explicitly state that domestic
annual processing (DAP) is set equal to DAH. While these were not part
of the Council's recommendations or materials provided in the Council
process, this has been how the fishery has been managed in recent
years, and NMFS includes them here in order to clarify that all of the
components of the butterfish specifications as described at Sec.
648.22 are accounted for (table 1 and table 2).
Table 1--2024 and Proposed 2025 and Projected 2026 Butterfish Specifications
[Metric tons, mt]
----------------------------------------------------------------------------------------------------------------
Specification 2024 Proposed 2025 Projected 2026
----------------------------------------------------------------------------------------------------------------
OFL............................................................... 16,096 17,587 14,224
ABC/ACL........................................................... 15,764 17,115 13,842
ACT buffer........................................................ 788 0 0
ACT buffer (%).................................................... 5% 0% 0%
ACT............................................................... 14,976 17,115 13,842
RSA *............................................................. 0 0 0
TALFF............................................................. 0 0 0
Butterfish cap in longfin squid fishery........................... 3,884 3,884 3,884
Total discard set-aside (all sources)............................. 5,132 5,791 5,791
Assumed other discards............................................ 1,248 1,907 1,907
[[Page 20267]]
DAH/DAP........................................................... 9,844 11,324 8,051
Closure threshold (amount caught)................................. 8,844 10,324 7,051
----------------------------------------------------------------------------------------------------------------
* The Council's RSA program has been suspended since 2014.
Table 2--Proposed 2025 and Projected 2026 Allocation of the Butterfish
Mortality Cap
------------------------------------------------------------------------
Trimester Percent Metric tons
------------------------------------------------------------------------
I (January-April)....................... 43 1,670
II (May-August)......................... 17 660
III (September-December)................ 40 1,554
-------------------------------
Total............................... 100 3,844
------------------------------------------------------------------------
The majority of the recommended butterfish specifications were set
using the same methodology from previous years. However, there was a
change in the approach used to calculate assumed other discards for
2025-2026. Assumed other discards refers to butterfish discards in the
directed butterfish fishery and other (non-longfin squid) fisheries.
Under the new approach, assumed other discards were calculated as the
average annual assumed other discards from 2018-2023 plus one standard
deviation. Including one standard deviation in the calculation is
expected to reduce the likelihood of the ACT being exceeded. In the
previous action that set 2023-2024 butterfish specifications (88 FR
48389; July 27, 2023), assumed other discards were calculated as the
average annual assumed other discards from 2013-2021 plus one standard
deviation. Using an updated time series to calculate assumed other
discards for 2025-2026 is expected to be more reflective of current
fishing conditions, reducing the likelihood of discards being
underestimated.
There was also a change made in the percentage used to calculate
the ACT buffer. In recent years, the ACT buffer has been set at five
percent of the ABC/ACL in order to account for management uncertainty.
However, given the recent low and slow pace of butterfish catch, the
lack of history of butterfish ACL overages, the additional layer of
precaution incorporated into the discard set-aside, and the fact that
there are multiple in-season management tools in place to slow
butterfish catch if necessary, the Council recommended that the ACT
buffer was not necessary. The ACT buffer has already been declining in
recent years, dropping from 10 percent in 2020 to 5 percent in 2021, so
the proposed zero-percent buffer is a continuation of that trend.
Reaffirmed 2025 Chub Mackerel, Longfin Squid, Illex Squid, and Atlantic
Mackerel Specifications
Projected 2025 specifications for the remaining fisheries managed
under the Mackerel, Squid, and Butterfish FMP were implemented through
several previous management actions:
<bullet> Projected 2025 chub mackerel specifications were
implemented through the final rule implementing 2023-2025
specifications for the Mackerel, Squid, and Butterfish FMP (July 27,
2023; 88 FR 48389);
<bullet> Projected 2025 Illex and longfin squid specifications were
implemented through the final rule implementing 2024-2026
specifications for the Mackerel, Squid, and Butterfish FMP (July 23,
2024; 89 FR 59678); and
<bullet> Projected 2025 Atlantic mackerel specifications were
implemented through the final rule implementing 2024 and projected 2025
Atlantic mackerel specifications (April 12, 2024; 89 FR 25820).
During its May 2024 meeting, the Council's SSC reviewed previously
projected specifications for chub mackerel, Illex squid, and longfin
squid. After considering updated fishery information, the SSC concluded
that no new data were available to support changes to those
specifications. After reviewing recent biological data, fishery
performance, and recommendations from staff, the Mackerel, Squid,
Butterfish Advisory Panel, and the SSC, the Council decided to reaffirm
previously projected 2025 specifications for chub mackerel, Illex
squid, and longfin squid during its June 2024 meeting.
Relative to 2024, the reaffirmed 2025 specifications for chub
mackerel would remain status quo. NMFS proposes reaffirming the
projected 2025 chub mackerel specifications through this rule (table
3).
Table 3--Reaffirmed 2025 Specifications for Chub Mackerel
[mt]
------------------------------------------------------------------------
Specification Reaffirmed 2025
------------------------------------------------------------------------
ABC.................................................. 2,300
ACL.................................................. 2,262
ACT.................................................. 2,171
Total allowable landings (TAL)....................... 2,041
------------------------------------------------------------------------
Relative to 2024, the reaffirmed 2025 Illex squid specifications
would remain status quo. However, the Council's projected Illex squid
specifications did not explicitly include a zero value for RSA, but
that has been the case for a number of years. NMFS has added RSA to the
table here in order to clarify that all of the components of the Illex
squid
[[Page 20268]]
specifications as described at Sec. 648.22(a)(1) are accounted for
(table 4).
Table 4--Reaffirmed 2025 Specifications for Illex Squid
[mt]
------------------------------------------------------------------------
Specification Reaffirmed 2025
------------------------------------------------------------------------
OFL.................................................. Unknown
ABC.................................................. 40,000
Commercial discard set-aside......................... 1,369
Commercial discard set-aside (%)..................... 3.42%
Initial optimum yield (IOY).......................... 38,631
RSA *................................................ 0
DAH/DAP.............................................. 38,631
------------------------------------------------------------------------
* The Council's RSA program has been suspended since 2014.
Relative to 2024, the reaffirmed 2025 longfin squid specifications
would remain status quo. As with the Illex squid specifications, the
Council's projected longfin squid specifications did not explicitly
include a zero value for RSA, but that has been the case for a number
of years. NMFS has added RSA to the table here in order to clarify that
all of the components of the longfin squid specifications as described
at Sec. 648.22(a)(4)(i) are accounted for (table 5 and table 6).
Table 5--Reaffirmed 2025 Specifications for Longfin Squid
[mt]
------------------------------------------------------------------------
Specification Reaffirmed 2025
------------------------------------------------------------------------
OFL.................................................. Unknown
ABC.................................................. 23,400
Commercial discard set-aside......................... 506.3
Commercial discard set-aside (%)..................... 2.16%
IOY.................................................. 22,893.70
RSA *................................................ 0
DAH/DAP.............................................. 22,893.70
------------------------------------------------------------------------
* The Council's RSA program has been suspended since 2014.
Table 6--Reaffirmed 2025 Longfin Squid Quota Trimester Allocations
------------------------------------------------------------------------
Trimester Percent of quota Metric tons
------------------------------------------------------------------------
I (January-April)................... 43 9,844.30
II (May-August)..................... 17 3,891.90
III (September-December)............ 40 9,157.50
-----------------------------------
Total........................... 100 22,893.70
------------------------------------------------------------------------
During the development of the projected 2025 specifications,
Canadian Atlantic mackerel fisheries (commercial and bait) were closed
following poor results from a 2021 stock assessment, and the
expectation was that this moratorium would continue. However, in April
2024, Canada announced the opening of a 2024 Atlantic mackerel bait
fishery with a 470-mt quota. During its October 2024 meeting, the
Council reviewed recent biological data; fishery performance; and
recommendations from staff, the Mackerel, Squid, Butterfish Advisory
Panel, and the SSC, and recommended reaffirming the projected 2025
Atlantic mackerel specifications (including the projected 2025 Canadian
catch deduction) without changes. This decision was based on several
factors, including that no new scientific information has become
available since the 2025 projections were generated, catch appears to
be tracking near the assumed amounts used in the projections, potential
increases in Canadian catch are expected to be offset by reductions in
U.S. catch, and deviations from projected catch are unlikely to have a
significant impact on stock rebuilding.
Relative to 2024, the reaffirmed 2025 Atlantic mackerel
specifications would remain status quo. However, the Council's
projected Atlantic mackerel specifications included one error and
several omissions. Regulations at Sec. 648.22(b)(2)(ii) state that the
Atlantic mackerel ACL (domestic ABC) is calculated using the formula
ACL = stock-wide ABC--estimated catch of Atlantic mackerel in Canadian
waters for the upcoming fishing year. When the 2025 Atlantic mackerel
specifications were projected through a previous management action, the
ACL was erroneously set equal to the stock-wide ABC. NMFS proposes
correcting this error through this rule, setting the ACL equal to the
stock-wide ABC minus the Canadian catch deduction. The recreational
catch deduction, commercial discards, and DAH (previously called the
commercial quota for Atlantic mackerel) were calculated properly and
the values therefore would remain unchanged. NMFS also includes RSA,
commercial ACT, DAP, joint venture processing (JVP), TALFF, and the
river herring/shad catch cap to the table here in order to clarify that
the components of the Atlantic mackerel specifications as described at
[[Page 20269]]
Sec. 648.22(a)(3) are taken into account (table 7).
Table 7--Corrected Reaffirmed 2025 Specifications for Atlantic Mackerel
[mt]
------------------------------------------------------------------------
Specification Reaffirmed 2025
------------------------------------------------------------------------
ABC.................................................. 3,200
Canadian catch deduction............................. 74
ACL/U.S. ABC......................................... 3,126
Recreational catch deduction......................... 2,143
Commercial ACT....................................... 983
Commercial RSA *..................................... 0
DAH/DAP.............................................. 868
JVP.................................................. 0
Commercial discards.................................. 115
TALFF................................................ 0
River herring/shad catch cap......................... 129
------------------------------------------------------------------------
* The Council's RSA program has been suspended since 2014.
Proposed Adjustment to Minimum Mesh Size on Directed Butterfish Trips
This proposed rule also includes a proposed change to minimum mesh
size for directed butterfish trawls. In July 2024, the Council received
a letter from a member of industry requesting that it consider revising
the minimum square mesh size for directed butterfish trawl trips (trips
possessing more than 5,000 pounds (lb) (2,268 kilograms (kg)) of
butterfish) to allow for the use of commercially available ``8-
centimeter (cm)'' mesh. The current 3-inch (7.62-cm) minimum mesh size
for directed butterfish trawl trips would seemingly already allow for
the use of 8.0-cm (3.1-inch) mesh; however, when measured according to
enforcement procedures, the commercially-marketed ``8.0-cm'' mesh only
measured 6.99 cm (2.75 inches), making it smaller than the current
minimum size. The request cited a 2015 pilot study by Cornell
Cooperative Extension, which found that trawl nets constructed using
the mesh in question effectively allowed for the release of juvenile
butterfish from the net. During its December 2024 meeting, the Council
reviewed input from staff and its Law Enforcement Committee and
recommended reducing the minimum size for square mesh used on directed
butterfish trawl trips from 3 inches (7.62 cm) to greater than 2\5/8\
inches (6.67 cm). The current minimum size for diamond mesh used on
directed butterfish trawl trips would remain unchanged at 3 inches
(7.62 cm). The proposed change in minimum mesh size would provide the
industry with additional flexibility to use readily available materials
while still minimizing catch of immature butterfish.
Potential 2024 Atlantic Mackerel ACL Overage Accounting
Atlantic mackerel accountability measure regulations at Sec.
648.24(b)(2) state that if the Atlantic mackerel ACL is exceeded and
commercial landings are responsible for the overage, then landings in
excess of the Atlantic mackerel DAH must be deducted from the DAH the
following year as a single-year adjustment. Regulations at Sec.
648.24(b)(3) state that if the Atlantic mackerel ACL is exceeded and
the overage has not been accommodated through the use of the landing-
based accountability measure described at Sec. 648.24(b)(2), but the
overage is attributable to the commercial fishery, the exact amount by
which the commercial ACT was exceeded will be deducted from the
following year's commercial mackerel ACT as a single-year adjustment.
Further, regulations at Sec. 648.24(b)(4) state that if the Atlantic
mackerel ACL is exceeded due to recreational landings and the stock is
under a rebuilding plan, then the exact amount by which the most recent
year's recreational catch estimate caused the most recent year's ACL to
be exceeded will be deducted from the following year's recreational ACT
as a single-year adjustment.
Preliminary data from 2024 indicate that the 2024 Atlantic mackerel
DAH was likely exceeded, with data through December 31, 2024,
suggesting that 116.6 percent of the DAH was landed. However, at the
time of publication of this proposed rule, complete state and
recreational data are not yet available to evaluate whether the
Atlantic mackerel ACL was exceeded, and if so, which components of the
fishery contributed to the overage. If this information is available
before publication of the final rule for this action, NMFS will
announce the implementation of any accountability measures necessary to
address a potential 2024 Atlantic mackerel ACL overage.
Revisions to Existing Regulations
On April 12, 2024, the final rule implementing 2024 and projected
2025 specifications for the Atlantic mackerel fishery took effect (89
FR 25828). That rule revised the Atlantic mackerel accountability
measure regulations at Sec. 648.24 to remove the previous two-phase
commercial fishery closure process and replace it with a single-step
closure process to better accommodate the reduced specifications that
were implemented through that rule. The intent was to remove the text
at Sec. 648.24(b)(1)(iii) from the CFR through this rule because it
was being replaced by updated text at Sec. 648.24(b)(1)(ii); however,
it was accidentally left in the CFR. This action would remove the
outdated regulatory text at Sec. 648.24(b)(1)(iii).
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.
This proposed rule has been determined to be not significant for
purposes of Executive Order (E.O.) 12866. This proposed rule is not a
regulatory action for purposes of E.O. 14192.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this proposed rule, if adopted,
[[Page 20270]]
would not have a significant economic impact on a substantial number of
small entities. The purpose, context, and statutory basis for this
action is described above and not repeated here. Business entities
affected by this action include vessels that are issued limited access
Atlantic mackerel, longfin squid, Illex squid, and butterfish permits.
Although some vessels are issued open access incidental catch permits
for these species, they would not be affected by this action. Open
access vessels are only permitted to land relatively small amounts of
Atlantic mackerel, Illex squid, longfin squid, butterfish, and chub
mackerel, and this action would not revise the possession limits
associated with these permits.
Any entity with combined annual fishery landing receipts less than
$11 million is considered a small entity based on standards published
in the Federal Register (80 FR 81194, December 29, 2015). In 2023,
there were 258 active limited access butterfish permits. Approximately
187 entities held these permits, and based on SBA size standards, 179
would be small business entities. Fishing revenue and, therefore, the
economic impacts of annual mackerel, squid, and butterfish
specifications depend upon species availability, which may change
yearly. This action is not expected to have negative impacts on any
participating entities. Chub mackerel, Illex squid, longfin squid, and
Atlantic mackerel quotas would be maintained at status quo. The
butterfish commercial quota would increase in 2025, and decrease in
2026. However, the fishery has only landed a small percentage of the
DAH in recent years; during 2019-2023, only 6.2-24.5 percent of the DAH
was caught annually, which resulted in annual landings ranging from
718-3,442 mt. Therefore, the projected 2026 commercial quota would
still allow for a higher harvest level relative to what the fishery has
recently landed. The proposed reduction in minimum square mesh size on
directed butterfish trips would be a relaxation of the current minimum
size, and is an administrative measure that would not require any
action on the part of participating entities that would incur costs.
Participating entities may incur costs if they chose to purchase new
gear or reconfigure existing gear to meet the new minimum square mesh
size; however, any such changes would be voluntary. The proposed
correction to existing regulations is purely administrative (removing
an outdated regulation), and participating entities would not incur any
costs associated with that correction.
In determining the significance of the economic impacts of the
proposed action, NMFS considered the following two criteria outlined in
applicable NMFS guidance: disproportionality and profitability. The
proposed measures would not place a substantial number of small
entities at a significant competitive disadvantage to large entities
because all entities affected by this action would be equally affected.
Accordingly, there are no disproportionate economic effects from this
action between small and large entities. Proposed measures would not
reduce fishing opportunities relative to recent mackerel, squid, and
butterfish landings; change any entity's access to these resources; or
impose any costs on affected entities. Therefore, this action would not
be expected to reduce revenues or profit for affected entities compared
to recent levels. Based on the above justification, the proposed action
is not expected to have a significant economic impact on a substantial
number of small entities.
This proposed rule does not contain a change to a collection of
information requirement for purposes of the Paperwork Reduction Act
(PRA) of 1995. The existing collection of information requirements
would continue to apply under the following Office of Management and
Budget (OMB) Control Number: 0648-0229, Greater Atlantic Region Dealer
Purchase Reports. 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.
NMFS has determined that this action would not have a substantial
direct effect on one or more Indian Tribes, on the relationship between
the Federal Government and Indian Tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
Tribes; therefore, consultation with Tribal officials under E.O. 13175
is not required, and the requirements of sections (5)(b) and (5)(c) of
E.O. 13175 also do not apply. A Tribal summary impact statement under
section (5)(b)(2)(B) and section (5)(c)(2)(B) of E.O. 13175 is not
required and has not been prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: May 7, 2025.
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. Amend Sec. 648.23 by revising paragraph (a)(1) to read as follows:
Sec. 648.23 Mackerel, squid, and butterfish gear restrictions.
(a) * * *
(1) Butterfish fishery. Owners or operators of otter trawl vessels
possessing more than 5,000 lb (2.27 mt) of butterfish harvested in or
from the EEZ may only fish with nets having codend mesh of greater than
or equal to 3-inch (7.62-cm) diamond mesh, or greater than 2\5/8\-inch
(6.67-cm) square mesh, as measured by methods specified in Sec.
648.80(f), applied throughout the codend for at least 100 continuous
meshes forward of the terminus of the net, or for codends with less
than 100 meshes, the minimum mesh size codend shall be a minimum of
one-third of the net, measured from the terminus of the codend to the
headrope.
* * * * *
Sec. 648.24 [Amended]
0
3. Amend Sec. 648.24 by removing paragraph (b)(1)(iii).
[FR Doc. 2025-08368 Filed 5-12-25; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on May 13, 2025.
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