[Federal Register Volume 83, Number 244 (Thursday, December 20, 2018)]
[Rules and Regulations]
[Pages 65313-65315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27520]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 180807736-8999-02]
RIN 0648-BI41
Fisheries of the Northeastern United States; Framework Adjustment
12 to the Atlantic 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 12 to the
Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan. This
rule allows the possession of Atlantic mackerel after of the domestic
annual harvest is projected to be caught instead of prohibiting the
possession of Atlantic mackerel for the rest of the calendar year. This
final rule implements this measure because it is necessary to prevent
unintended negative economic impacts to other fisheries, such as
Atlantic herring.
DATES: This rule is effective December 20, 2018.
ADDRESSES: The Mid-Atlantic Fishery Management Council (Council)
prepared a supplemental environmental assessment (SEA) for Framework
Adjustment 12 that describes the Council's preferred management measure
and other alternatives considered and provides a thorough analysis of
the impacts of the all alternatives considered. Copies of the Framework
12 SEA and the preliminary Regulatory Impact Review (RIR) analysis are
available from: Christopher Moore, Executive Director, Mid-Atlantic
Fishery Management Council, Suite 201, 800 State Street, Dover, DE
19901. The SEA/RIR is accessible via the internet at http://www.greateratlantic.fisheries.noaa.gov/ or http://www.mafmc.org.
FOR FURTHER INFORMATION CONTACT: Alyson Pitts, Fishery Management
Specialist, (978) 281-9352, [email protected].
SUPPLEMENTARY INFORMATION:
Background
On June 5, 2018, the Council adopted a final measure under
Framework Adjustment 12 to the Atlantic Mackerel, Squid, and Butterfish
(MSB) Fishery Management Plan (FMP). On August 17, 2018, the Council
submitted the framework and draft SEA to NMFS for preliminary review,
with final submission on October 18, 2018. NMFS published a proposed
rule that included implementing regulations on October 3, 2018 (83 FR
50059). The public comment period for the proposed rule ended on
October 19, 2018.
The Council developed Framework Adjustment 12 and the measure
described in the proposed rule under the discretionary provision
specified in section 303(b)(12) of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) (16 U.S.C. 1801,
et seq.; 1853(b)(12)). The objective of this action is to change to
possession limits when 100 percent of the domestic annual harvest (DAH)
is landed, from zero possession to 5,000 lb (2,268 kg). The primary
purpose of this action is to avoid adverse economic impacts to the
commercial fishing industry once the DAH is projected to be harvested.
Details concerning the development of these measures are contained in
the SEA prepared for this action and summarized in the preamble of the
proposed rule, therefore they are not repeated here.
Approved Measure
The approved measure will allow the possession of up to 5,000 lb
(2,268 kg) of Atlantic mackerel after 100 percent of the DAH has been
projected to be harvested for the remainder of the 2018 fishing year
and moving forward. Current regulations prohibit the possession of
Atlantic mackerel after 100 percent of the DAH is harvested.
Comments and Responses
NMFS received four comments on this action, one was unrelated to
the
[[Page 65314]]
action, and is not addressed here. One was in favor of the proposed
action and two were in opposition to this action.
Comment 1: One individual commented that quotas have been large and
that there is no reason to increase the quota.
Response: Framework 12 does not increase the annual quota for
Atlantic mackerel. This action allows for a small possession limit of
Atlantic mackerel after the DAH has been caught. We do not expect this
action will result in an overage of the ACL. Atlantic mackerel quotas
have been greatly reduced since 2010. The Atlantic mackerel acceptable
biological catch (ABC) was reduced by 70 percent from 2010 (156,000 mt)
to 2011 (47,395 mt) and the 2016 ABC (19,898 mt) dropped by 87 percent
compared to 2010 (156,000 mt).
Comment 2: One individual commented in support of this action
because it would provide economic benefits for the industry. The
commenter raised concern that over harvesting could result in a
deduction of quota from the following fishing year, even though the
5,000 lb (2,268 kg) possession limit is smaller compared to the current
possession limit of 20,000 lb (9.08 mt).
Response: NMFS agrees that approval of this action will provide
economic opportunities for the commercial fishing industry in the
region. While there is potential for an over harvest of the DAH, there
are additional accountability measures that would deduct an overage
from the DAH in the following year, as required under Sec.
648.24(b)(2) and (3). There is also a 10-percent uncertainty buffer of
2.2 million lb (997 mt) in the current specifications. Council staff
have projected that even if 100 percent of the DAH is harvested, only
about 17 percent (374,000 lb, 169 mt) of the management uncertainty
buffer would be landed with a 5,000 lb (2,268 kg) possession limit.
This action is not expected to compromise conservation while
maintaining economic opportunities for fishing communities.
Comment 3: One industry participant expressed opposition to
Framework 12, as the current measure has been set to prohibit the
possession of mackerel when 100 percent of the DAH is harvested in
order not to exceed the management uncertainty buffer. The commenter
said that the uncertainty buffer was meant for uncertainty in biomass
and for food to be set aside for predators. The commenter also
suggested that NMFS should shift quota from the Tier 1 and 2 permit
category, if this measure is intended for smaller commercial fishing
entities, in order to prevent further overfishing. The commenter also
claimed that Atlantic mackerel, river herring, and shad are overfished,
and Framework 12 does not improve chances for the fishery to rebuild.
Response: The 10-percent management uncertainty buffer was designed
because of the high volume nature of the fishery. The management
uncertainty buffer is utilized in the event that the Regional
Administrator does not close the commercial mackerel fishery in time.
Because of this, this action is not expected to compromise conservation
or result in overfishing. If there is an over harvest of the DAH, there
are additional accountability measures that would deduct an overage
from the DAH in the following year, as required under Sec.
648.24(b)(2) and (3). The 10 percent uncertainty buffer is 2.2 million
lb (997 mt) and Council staff have projected that even if 100 percent
of the DAH is harvested, only about 17 percent of the management
uncertainty buffer would be landed.
The tiered permit system allows vessels to possess a certain amount
of mackerel based on permit category, not quota allocation. There is no
quota allocation in the Atlantic mackerel fishery. The stock is managed
by an annual quota and monitored as a whole. Therefore, it is not
possible to ``shift'' quota among permit categories. The implementation
of Framework 12 may result in more mackerel catch and the potential for
more river herring and shad catch. However, it does not address the
catch caps that control bycatch of river herring and shad in the
mackerel fishery. This action is not expected to compromise
conservation of these species, as the caps will continue to limit
bycatch.
Corrections
The proposed rule included a correction to Sec.
648.14(g)(2)(ii)(D). However, the correction to that regulation has
already been made in a final rule to implement Amendment 20 to the
Atlantic Mackerel, Squid, and Butterfish FMP (December 14, 2018; 83 FR
64257). Therefore, this correction is no longer necessary as part of
the current rulemaking.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
Assistant Administrator has determined that this final rule is
consistent with Framework Adjustment 12, other provisions of the
Magnuson-Stevens Act, and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
Because this rule relieves a restriction by lifting the prohibition
of the possession of Atlantic mackerel after the DAH has been caught,
it is not subject to the 30-day delayed effectiveness provision of the
APA pursuant to 5 U.S.C. 553(d)(1). Data and other information indicate
that 100 percent of the 2018 DAH quota may be landed before the end of
the fishing year. Landings data are updated on a weekly basis, and NMFS
monitors catch data on a daily basis as catch increases toward the
limit. The high-volume nature of this fishery, and other fisheries that
cannot avoid mackerel, such as Atlantic herring, increase catch quickly
relative to the quota. If implementation of this action is delayed, the
quota for the 2018 fishing year may be exceeded, thereby prohibiting
the possession on Atlantic mackerel, under the current regulations
found at Sec. 648.24(b)(1)(i), which would hinder the prosecution of
fisheries unnecessarily in light of the current rulemaking.
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. No comments were received that
would change the certification that this action will not have a
significant economic impact on a substantial number of small entities
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: December 14, 2018.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is to be
amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
Sec. 648.14 [Amended]
0
2. In Sec. 648.14, remove and reserve paragraph (g)(2)(ii)(F).
[[Page 65315]]
0
3. In Sec. 648.24, revise paragraph (b)(1)(i) to read as follows:
Sec. 648.24 Fishery closures and accountability measures.
* * * * *
(b) * * *
(1)(i) Mackerel commercial sector EEZ closure. NMFS will close the
commercial Atlantic mackerel fishery in the EEZ when the Regional
Administrator projects that 95 percent of the Atlantic mackerel DAH is
harvested if such a closure is necessary to prevent the DAH from being
exceeded. 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. When the Regional Administrator projects
that 100 percent of the Atlantic mackerel DAH will be landed, NMFS will
reduce the possession of Atlantic mackerel in the EEZ for the remainder
of the fishing year to the amount specified in Sec. 648.26(a)(2)(ii).
* * * * *
0
4. In Sec. 648.26, revise paragraphs (a)(1) introductory text and
(a)(2) to read as follows:
Sec. 648.26 Mackerel, squid, and butterfish possession restrictions.
(a) * * *
(1) Initial possession limits. A vessel must be issued a valid
limited access mackerel permit to fish for, possess, or land more than
20,000 lb (9.08 mt) of Atlantic mackerel from or in the EEZ per trip,
provided that the fishery has not been closed, as specified in Sec.
648.24(b)(1).
* * * * *
(2) Closure possession restrictions--(i) Limited access fishery.
During a closure of the commercial Atlantic mackerel fishery pursuant
to Sec. 648.24(b)(1)(i), when 95 percent of the DAH is harvested,
vessels issued a 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 Atlantic mackerel once
on any calendar day, which is defined as the 24-hr period beginning at
0001 hours and ending at 2400 hours. Pursuant to Sec.
648.24(b)(1)(ii), when 90 percent of the Tier 3 allocation is
harvested, vessels issued a Tier 3 limited access Atlantic mackerel
permit may not take and retain, possess, or land more than 20,000 lb
(9.08 mt) of Atlantic mackerel per trip at any time, and may only land
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) Entire commercial fishery. During a closure of the directed
commercial Atlantic mackerel fishery pursuant to Sec. 648.24(b)(1)(i),
when 100 percent of the DAH is harvested, vessels issued an open or
limited access Atlantic mackerel permit may not take and retain,
possess, or land more than 5,000 lb (2.26 mt) of Atlantic mackerel per
trip at any time, and may only land Atlantic mackerel once on any
calendar day, which is defined as the 24-hr period beginning at 0001
hours and ending at 2400 hours.
* * * * *
[FR Doc. 2018-27520 Filed 12-19-18; 8:45 am]
BILLING CODE 3510-22-P