[Federal Register Volume 85, Number 46 (Monday, March 9, 2020)]
[Proposed Rules]
[Pages 13603-13618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04301]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 200225-0064]
RIN 0648-BJ16
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Amendment 21
to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 13604]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes to approve and implement measures included in
Amendment 21 to the Atlantic Mackerel, Squid, and Butterfish Fishery
Management Plan, as submitted by the Mid-Atlantic Fishery Management
Council. This action would integrate Atlantic chub mackerel as a stock
in the fishery under the Atlantic Mackerel, Squid, and Butterfish
Fishery Management Plan. This amendment would identify goals and
objectives for managing Atlantic chub mackerel; specify status
determination criteria; designate essential fish habitat; establish a
specifications process; set annual catch limits for 2020-2022; and
implement accountability measures, possession limits, permitting and
reporting requirements, and other administrative measures for Atlantic
chub mackerel caught from Maine through North Carolina.
DATES: Public comments must be received by April 8, 2020.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2019-0109, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0109, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Michael Pentony, Regional
Administrator, NMFS, Greater Atlantic Regional Fisheries Office, 55
Great Republic Drive, Gloucester, MA 01930. Mark the outside of the
envelope, ``Comments on Chub Mackerel Proposed Rule.''
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
www.regulations.gov 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). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF formats only.
The Mid-Atlantic Council prepared an environmental assessment (EA)
for Amendment 21 that describes the proposed action and provides a
thorough analysis of the impacts of the proposed measures and other
alternatives considered. Copies of Amendment 21, including the EA, the
Regulatory Impact Review, and the Regulatory Flexibility Act analysis,
are available from: Christopher Moore, Executive Director, Mid-Atlantic
Fishery Management Council, Suite 201, 800 State Street, Dover, DE
19901. The EA and associated analysis is accessible via the internet
http://www.mafmc.org/supporting-documents.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
proposed rule may be submitted to the Greater Atlantic Regional
Fisheries Office and by email to [email protected] or fax to
(202) 395-5806.
FOR FURTHER INFORMATION CONTACT: Douglas Christel, Fishery Policy
Analyst, (978) 281-9141.
SUPPLEMENTARY INFORMATION:
Background
In August 2016, the Mid-Atlantic Fishery Management Council adopted
final measures to protect previously unmanaged forage species as part
of Amendment 18 to the Atlantic Mackerel, Squid, and Butterfish Fishery
Management Plan (FMP). During the development of that action, the
Council initially considered Atlantic chub mackerel as an ecosystem
component forage species due to their schooling behavior, relatively
small size, and role as prey for a variety of predators. However,
because a directed commercial fishery for Atlantic chub mackerel
recently developed in Federal waters and other considerations, the
Council concluded that this species is in need of specific conservation
and management measures of its own. The Council developed temporary
measures to regulate Atlantic chub mackerel catch as part of Amendment
18 (August 28, 2017; 82 FR 40721) until the Council could formally
integrate this species as a stock in the Atlantic Mackerel, Squid, and
Butterfish FMP. These temporary measures, including a 1,297-mt annual
landing limit, a 40,000-lb (18-mt) possession limit once the annual
landing limit is reached, and permitting and reporting requirements,
became effective on September 27, 2017, and expire on December 31,
2020.
On December 15, 2016, the Council initiated an action to develop
measures required by the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) to formally manage Atlantic chub
mackerel as a stock in the fishery under the Atlantic Mackerel, Squid,
and Butterfish FMP. The Council held scoping meetings from Rhode Island
through Virginia in May 2017. These meetings sought public input on the
most appropriate measures to manage the Atlantic chub mackerel fishery,
including both required and discretionary measures outlined in the
Magnuson-Stevens Act. After further developing proposed measures, the
Council conducted public hearings in December 2018 and January 2019 to
solicit additional input on the range of alternatives under
consideration by the Council, with public comments accepted through
January 18, 2019. At its March 2019 meeting, the Council adopted final
measures under Amendment 21 to the Atlantic Mackerel, Squid, and
Butterfish FMP. The Council submitted the final Amendment 21 document
on October 8, 2019. The Council reviewed the proposed regulations to
implement these measures, as drafted by NMFS, and deemed them to be
necessary and appropriate, as specified in section 303(c) of the
Magnuson-Stevens Act on December 20, 2019.
Proposed Measures
Under the Magnuson-Stevens Act, we are required to publish proposed
rules for comment after preliminarily determining whether they are
consistent with applicable law. The Magnuson-Stevens Act allows us to
approve, partially approve, or disapprove measures that the Council
proposes based only on whether the measures are consistent with the
fishery management plan, plan amendment, the Magnuson-Stevens Act and
its National Standards, and other applicable law. Otherwise, we must
defer to the Council's policy choices. We are seeking comments on the
Council's proposed measures in Amendment 21 described below and whether
they are consistent with the Atlantic Mackerel, Squid, and Butterfish
FMP, the Magnuson-Stevens Act and its National Standards, and other
applicable law.
This proposed rule includes changes to existing FMP measures
adopted by the Council under Amendment 21, but also several revisions
to regulations that are not specifically identified in Amendment 21.
These revisions are necessary to effectively implement the provisions
in Amendment 21, or to correct errors in, or clarify, existing
provisions. NMFS is proposing these latter changes under the authority
of
[[Page 13605]]
section 305(d) of the Magnuson-Stevens Act.
1. Goals and Objectives
The FMP's current goals and objectives have been in place since
1981 and apply to all species managed by the FMP (Atlantic mackerel,
Illex squid, longfin squid, and butterfish). During the development of
this action, the Council identified additional goals and objectives
that are specific to managing Atlantic chub mackerel. If approved, we
would use the following goals and objectives to evaluate if changes to
Atlantic chub mackerel management measures are consistent with the FMP
when deciding whether to approve a future management action.
Goal 1: Maintain a sustainable Atlantic chub mackerel
stock.
[cir] Objective 1.1: Prevent overfishing and achieve and maintain
sustainable biomass levels that achieve optimum yield in the fisheries
and meet the needs of Atlantic chub mackerel predators.
[cir] Objective 1.2: Consider and account for, to the extent
practicable, the role of Atlantic chub mackerel in the ecosystem,
including its role as prey, as a predator, and as food for humans.
Goal 2: Optimize economic and social benefits from
utilization of chub mackerel, balancing the needs and priorities of
different user groups.
[cir] Objective 2.1: Allow opportunities for commercial and
recreational Atlantic chub mackerel fishing, considering the
opportunistic nature of the fisheries, changes in availability that may
result from changes in climate and other factors, and the need for
operational flexibility.
[cir] Objective 2.2: To the extent practicable, minimize additional
limiting restrictions on the Illex squid fishery.
[cir] Objective. 2.3: Balance social and economic needs of various
sectors of the Atlantic chub mackerel fisheries (e.g., commercial,
recreational, regional) and other fisheries, including recreational
fisheries for highly migratory species.
Goal 3: Support science, monitoring, and data collection
to enhance effective management of Atlantic chub mackerel fisheries.
[cir] Objective 3.1: Improve data collection to better understand
the status of the Atlantic chub mackerel stock, the role of Atlantic
chub mackerel in the ecosystem, and the biological, ecological, and
socioeconomic impacts of management measures, including impacts to
other fisheries.
[cir] Objective 3.2: Promote opportunities for industry
collaboration on research.
2. Designation of Essential Fish Habitat (EFH)
The Magnuson-Stevens Act requires the designation of EFH for all
managed stocks. Based on a combination of fishery and survey data,
literature sources, and expert judgment, Amendment 21 would designate
Atlantic chub mackerel EFH as follows:
Eggs: Pelagic waters throughout the exclusive economic
zone (EEZ) from North Carolina to Texas, including intertidal and
subtidal areas, at temperatures of 15-25[deg] C;
Larvae: Pelagic waters throughout the EEZ from North
Carolina to Texas, including intertidal and subtidal areas, at
temperatures of 15-30 [deg]C; and
Juveniles and adults: Pelagic waters throughout the EEZ
from Maine to Texas, including intertidal and subtidal areas, at
temperatures of 15-30 [deg]C.
3. Management Unit
National Standard 3 of the Magnuson-Stevens Act requires an
individual stock of fish be managed as a unit throughout its range,
while National Standard 3 Guidelines at 50 CFR 600.320 indicate that a
FMP should implement conservation and management measures for the part
of the management unit that lies within U.S. waters. In practice, the
management unit defines the geographic area over which the management
measures in an FMP apply.
Atlantic chub mackerel are found throughout the Atlantic coast from
Maine through Florida, and in both the Gulf of Mexico and the Caribbean
Sea. This species is caught infrequently and in low numbers in fishery
independent surveys, and both commercial and recreational catch varies
substantially on an annual basis. While there has been some commercial
and recreational catch in the Gulf of Mexico and Florida, most Atlantic
chub mackerel landings come from waters managed by the Mid-Atlantic
Council from New York through North Carolina. From 1998-2018, no
Atlantic chub mackerel landings were reported in South Carolina and
Georgia, and landings in Florida do not come from a directed fishery
and represent a very small portion of total coastwide landings.
This action would designate Federal waters from Maine to North
Carolina as the Atlantic Chub Mackerel Management Unit. Management
measures, including the proposed permitting and reporting requirements,
possession limits, annual catch limit (ACL), and accountability
measures (AMs) discussed further below would only apply to vessels
operating within the Atlantic Chub Mackerel Management Unit. Atlantic
chub mackerel catch from South Carolina through the east coast of
Florida would not be directly managed, but annual estimates of expected
catch from this area would be deducted from the overall Atlantic chub
mackerel acceptable biological catch (ABC), as discussed further below
under Item 6 of this preamble (the specifications process).
4. Status Determination Criteria
The Magnuson-Stevens Act requires FMPs to specify objective and
measurable criteria for identifying when a stock is overfished or
experiencing overfishing. In 2018, the Council adopted an omnibus
action that automatically updates status determination criteria for
each managed species based on the latest reviewed and accepted stock
assessment (April 11, 2018; 83 FR 1551). Due to the limited fishery
dependent and independent data available for Atlantic chub mackerel, a
stock assessment could not be conducted for this species and used to
specify status determination criteria. At its July 2018 meeting, the
SSC could not identify an overfishing limit (OFL) or determine stock
size and productivity based on available information. The SSC concluded
that there is no information to determine reference points for biomass
levels, and little information exists to determine reference points for
fishing mortality rates. Despite these limitations, the SSC recommended
a 2,300-mt (5.07-million lb) ABC based on historic commercial and
recreational catch, productivity of species with similar life history,
and expert judgement. The Council's Fishery Management Action Team
(FMAT) used this ABC, in conjunction with the Council's ABC control
rule, to calculate an OFL to inform proxy status determination
criteria.
To calculate an OFL using existing ABC control rules, the Council's
FMAT had to make two key assumptions about the implied status of the
stock and level of precision in estimating stock status. In
recommending a 2,300-mt (5.07 million-lb) ABC, the SSC indicated that
similar catch levels in recent years are unlikely to result in
overfishing based on the productivity of this species in other parts of
the world and the low fishing capacity of the domestic fishery.
However, the SSC suggested that it had some reservations due to the
uncertainty with available data. Consistent with SSC deliberations, the
FMAT assumed that Atlantic chub mackerel biomass is at or above maximum
sustainable yield, but that assumption is subject to a high degree of
uncertainty. Under the Council's ABC control rule, the ABC for
[[Page 13606]]
a stock with a typical life history, biomass at or above maximum
sustainable yield, and a 150-percent coefficient of variation (level of
confidence in the OFL estimate) should be equal to 76 percent of the
OFL. Therefore, dividing the SSC's recommended 2,300-mt (5.07 million-
lb) ABC by 0.76 results in a proxy OFL of 3,026 mt (6,671,188 lb). This
estimate would be used as a proxy Atlantic chub mackerel status
determination criteria for both overfishing and overfished status.
Under this action, if more than 3,026 mt (6,671,188 lb) of Atlantic
chub mackerel are caught from Maine through the east coast of Florida
in a given year, overfishing is assumed to have occurred. If catch
exceeds that amount in three consecutive years, then the stock would be
presumed to be overfished and the Council would need to develop a
rebuilding plan. These status determination criteria would remain in
effect until updated criteria based on an accepted stock assessment are
available.
5. Optimum Yield and Maximum Sustainable Yield
National Standard 1 requires conservation and management measures
to prevent overfishing while achieving optimum yield (OY) on a
continuing basis. OY is the amount of fish that will provide the
greatest overall benefit to the Nation and is based on maximum
sustainable yield (MSY) that has been reduced by any relevant economic,
social, or ecological factors. In determining OY, the Council
considered a literature review related to the role of Atlantic chub
mackerel in the diets of predators to evaluate its importance as forage
and on ecosystem functions. The Council also considered if reducing OY
would help address localized depletion concerns identified during
scoping. Ultimately, the Council determined there is no quantitative
basis for setting OY less than ABC to account for ecosystem concerns,
and that OY is not the most appropriate mechanism to address localized
depletion concerns. Therefore, the proposed regulations would allow OY
to be set equal to or less than the ABC, but this action would set
Atlantic chub mackerel OY and MSY equal to the ABC (2,300 mt, or 5.07
million lb) until otherwise revised by the Council. The Council is
sponsoring research into the role of Atlantic chub mackerel as a prey
species, which is expected to be presented to the Council in 2020 and
could inform future revisions to the OY or MSY proposed in this action.
6. Specifications Process
Under this action, the annual specifications process used for other
species managed under the FMP, as described at Sec. 648.22, would also
apply to Atlantic chub mackerel. Specifications could be set for up to
3 years at a time, subject to annual review. As part of this process,
the Council's SSC would recommend a stock-wide ABC that must be equal
to or less than the OFL after consideration of scientific uncertainty.
Each year, the Monitoring Committee would review fishery catch, survey
data, and other available information to provide the Council with the
following recommendations:
An ACL that is calculated by deducting an estimate of
expected catch from South Carolina through the east coast of Florida
from the ABC;
An annual catch target (ACT) that is equal to or less than
the ACL to account for management uncertainty related to the ability of
management measures to constrain catch and prevent the ACL from being
exceeded; and
A total allowable landing (TAL) limit derived by
subtracting an estimate of expected dead discards from the ACT.
Under this action, there would be no separation of catch limits
into commercial and recreational components; all catch would count
towards one ACL and ACT. Historically, recreational Atlantic chub
mackerel landings have represented less than 1 percent of total
landings over the past 5, 10, and 15 years. An allocation of catch to
the recreational fishery would be very small, based on uncertain data,
and difficult to monitor, particularly since discards are not well
documented and species identification has been a concern raised during
the development of this action.
The current regulations outline which measures could be revised
through annual specifications. These same provisions would apply for
Atlantic chub mackerel. As proposed, the ABC, management uncertainty,
discard estimate, and expected Atlantic chub mackerel catch from South
Carolina through Florida could be adjusted through the specifications
process.
7. Proposed 2020 and Projected 2021-2022 Specifications
Table 1 summarizes the Atlantic chub mackerel specifications
proposed for 2020 and projected for 2021 and 2022 based on a fishing
year that runs from January 1 through December 31 of each year. The
proposed 2,261.7-mt (4,986,132-lb) ACL results from deducting an
estimate of South Carolina--Florida catch (38.3 mt or 84,500 lb) from
the ABC. This catch estimate is based on the highest annual commercial
landings and recreational catch data from the area over the past 20
years (1999-2018) plus an additional 10 percent to account for
recreational discards. Deducting a 4-percent management uncertainty
buffer from the ACL results in a 2,171.2-mt (4,786,687-lb) ACT for
catch from Maine through North Carolina. Deducting a 6-percent discard
estimate from the ACT results in a 2,040.9-mt (4,499,486-lb) TAL, which
is 57 percent higher than the current temporary 1,297-mt annual
landings limit. The proposed 4-percent management uncertainty buffer
accounts for the potential that Atlantic chub mackerel may be mis-
identified or mis-reported and uncertainty in how the historically
pulse fishery may respond to these new measures, including the AMs
discussed in the next section. The 6-percent discard estimate
represents the highest estimate of Atlantic chub mackerel discarded
based on observed commercial trips from 2003-2017 (15 years). Although
this discard rate was based on commercial trips, recreational discards
were generally low compared to commercial discards. As noted above,
these specifications would be evaluated annually, and the Monitoring
Committee could recommend adjustments to South Atlantic catch,
management uncertainty, and discard rates based on updated data.
Table 1--Proposed 2020 and Projected 2021-2022 Atlantic Chub Mackerel
Specifications
------------------------------------------------------------------------
Specification mt lb
------------------------------------------------------------------------
ABC........................................... 2,300 5,070,632
ACL........................................... 2,261.7 4,986,132
ACT........................................... 2,171.2 4,786,687
TAL........................................... 2,040.9 4,499,486
------------------------------------------------------------------------
8. Possession Limits
Initially, all commercial vessels and recreational anglers would
not be subject to a possession limit for Atlantic chub mackerel. As
Atlantic chub mackerel landings approach the TAL, NMFS would implement
more restrictive commercial vessel possession limits through the AMs
detailed in the next section of this preamble.
9. Accountability Measures (AMs)
The Magnuson-Stevens Act requires AMs to prevent the ACL from being
exceeded and to mitigate an overage if the ACL is exceeded. This action
proposes in-season AMs to prevent the ACT from being exceeded,
including an 18.1-mt (40,000-lb) commercial vessel
[[Page 13607]]
possession limit once 90 percent of the TAL is landed and a 4.5-mt
(10,000-lb) possession limit once 100 percent of the TAL is landed.
These measures would slow fishery catch to incidental levels as
landings approach the TAL. The proposed AM triggers are similar to
those used as AMs in the Atlantic mackerel fishery. The proposed 18.1-
mt (40,000-lb) possession limit is consistent with the current
possession limit for Atlantic chub mackerel once the TAL is caught to
deter further targeting of the species, while the 4.5-mt (10,000-lb)
possession limit represents historic incidental catch of this species
and is consistent with the incidental possession limit in the Illex
squid fishery. These AMs would likely prevent the proposed ACL from
being exceeded based on an analysis of historic fishery operations. If
the ACL is exceeded based on total catch by both the commercial and
recreational fisheries within the Management Unit, the ACT would be
reduced by the amount of the overage as soon as possible in a
subsequent fishing year. Because recreational catch data and a full
accounting of total fishery catch are not available until well into the
next fishing year, it is not possible to effectively reduce the ACT in
the year immediately following an overage of the ACL.
10. Permit and Reporting Requirements
Permit and reporting requirements are discretionary measures under
the Magnuson-Stevens Act, but provide valuable information to assess
and manage fisheries. Under the current regulations, to fish for,
possess, land, or sell Atlantic chub mackerel from the EEZ between New
York and North Carolina, a vessel must be issued a commercial vessel
permit by the Greater Atlantic Regional Fisheries Office (GARFO) for
any managed species. This action would require vessels fishing for,
possessing, landing, or selling Atlantic chub mackerel from the
Atlantic Chub Mackerel Management Unit described in Item 3 of the
preamble to be issued either a valid Federal commercial or party/
charter permit for any species managed by the FMP (Atlantic mackerel,
Illex squid, longfin squid, or butterfish). Similarly, a dealer
purchasing and selling Atlantic chub mackerel would be required to
obtain a valid seafood dealer permit issued by GARFO for these same
species. Any commercial vessel operator fishing for or possessing
Atlantic chub mackerel in or from the Management Unit would be required
to obtain and retain on board a valid operator permit issued by GARFO.
Finally, vessel operators would also be required to report the catch of
Atlantic chub mackerel on vessel trip reports (VTR, or logbooks) and
comply with any applicable vessel monitoring system (VMS) declaration
and reporting requirements for commercial vessels issued a permit under
the FMP. Dealers purchasing Atlantic chub mackerel would be required to
report such purchases via existing weekly dealer reports.
11. Transit Provision
A vessel issued a Federal commercial fishing permit from GARFO that
possesses Atlantic chub mackerel in excess of the proposed possession
limits would be allowed to transit the Management Unit in certain
circumstances. Transit through the Management Unit would be allowed
provided Atlantic chub mackerel was harvested outside of the Atlantic
Chub Mackerel Management Unit and all gear is stowed and not available
for immediate use. Some Atlantic chub mackerel are caught outside of
mid-Atlantic Federal waters, including those areas under the
jurisdiction of other Councils. This provision would allow vessels that
catch Atlantic chub mackerel outside of the Management Unit to land
this species in mid-Atlantic or New England ports.
This transiting provision was originally adopted by the Council as
part of the Amendment 18 and would be continued through this action.
Although the Council did not specifically adopt this measure as part of
Amendment 21, because the reasons for adopting this provision still
exist, we retained it in the draft proposed regulations sent to the
Council for review, as required by section 303(c) of the Magnuson-
Stevens Act. In deeming the proposed regulations consistent with
Amendment 21, the Council Executive Director deemed the transiting
provision to be consistent with this action as well. Therefore, we
propose to implement this measure through this action, but specifically
seek public comment whether it should be included in this action.
12. Administrative Measures
Certain administrative measures are necessary to effectively manage
the Atlantic chub mackerel fishery. The Council's current ABC control
rule and risk policy are documented in the regulations at Sec. Sec.
648.20 and 21, respectively, and would both apply to Atlantic chub
mackerel under this action. These measures help the Council set the
ABC. The Magnuson-Stevens Act also requires FMPs to establish a
standardized bycatch reporting methodology (SBRM). In 2015, the Council
developed a SBRM applicable to all its FMPs (June 30, 2015; 80 FR
37182). This action would clarify that the SBRM regulations specified
at Sec. 648.18 also apply to Atlantic chub mackerel. Finally, this
action would clarify that any changes to Atlantic chub mackerel
measures must be made through an FMP amendment and cannot be made
through the framework adjustment process outlined in Sec. 648.25.
13. Exemption From Northeast Multispecies Mesh Requirements
The Northeast Multispecies FMP regulations at Sec. 648.80 dictate
the minimum mesh size and gear requirements that can be used in Federal
waters of the Northeastern United States. Unless otherwise exempted,
bottom trawl vessels fishing for any species outside of the Mid-
Atlantic Regulated Mesh Area must use 6-inch (15.2-cm) diamond mesh or
6.5-inch (16.5-cm) square mesh in the body and extension of the net and
a 6.5-inch (16.5-cm) diamond mesh or square mesh codend. Over time,
vessels fishing for certain species or in certain fisheries operating
at specific times, in specific areas, or with specific gear were
granted exemptions from such mesh/gear requirements because such
operations had a minimal bycatch of regulated groundfish species. The
regulations at Sec. 648.80(a)(8) allow the Regional Administrator,
after consulting with the New England Fishery Management Council, to
add an exemption to these gear requirements for an existing fishery if
the bycatch of regulated species is less than five percent of the total
catch by weight, and that the exemption does not jeopardize fishing
mortality objectives of the Northeast Multispecies FMP.
In recent years, over 90 percent of Atlantic chub mackerel landings
were caught in Federal waters between New York and North Carolina,
nearly all of which was caught using small-mesh bottom trawl gear. From
1998-2018, observers did not record any bycatch of regulated groundfish
species (e.g., cod, haddock, pollock, yellowtail flounder, etc., as
defined at Sec. 648.2) on 19 observed trips that landed Atlantic chub
mackerel. Bycatch of small-mesh multispecies (silver hake, red hake,
and offshore hake) was less than one percent of total catch per trip.
Therefore, available data indicate that bycatch of regulated groundfish
species is less than five percent of total catch for trips landing
Atlantic chub mackerel. Further, the absence of regulated species
bycatch suggests that the Atlantic chub mackerel fishery would not
jeopardize
[[Page 13608]]
the fishing mortality objectives of any groundfish stock.
Concurrent with a consultation with the New England Council, this
action proposes to add Atlantic chub mackerel to the species exemption
specified at Sec. 648.80(b)(3)(i) and create a new Atlantic chub
mackerel fishery exemption at Sec. 648.80(c)(5)(iii). The revision to
the species exemption would exempt vessels from the Georges Bank and
Southern New England (SNE) Regulated Mesh Area gear restrictions and
allow vessels to fish for, harvest, possess, and land Atlantic chub
mackerel when using small-mesh gear within both the SNE and Mid-
Atlantic Exemption Areas defined at Sec. Sec. 648.80(b)(10) and
648.80(c)(5)(i), respectively. Both measures would require vessels to
comply with the Mackerel, Squid, and Butterfish FMP gear restrictions
and possession limits specified at Sec. Sec. 648.23 and 26,
respectively, along with the possession restrictions for other species
outlined in Sec. 648.80(b)(3)(ii). Without these exemptions, vessels
would not be allowed to retain Atlantic chub mackerel in areas in which
they have been historically harvested using small-mesh bottom trawl
gear. Therefore, these exemptions are necessary to allow the fishery to
operate consistent with Mid-Atlantic Council intent as part of
integrating this species into the Mackerel, Squid, and Butterfish FMP
through this action.
14. Corrections
Corrections to existing regulations are necessary to differentiate
between species managed by the FMP and ensure consistency with Council
intent for previous actions. To differentiate between Atlantic mackerel
and Atlantic chub mackerel, references to ``mackerel'' would be revised
to reference Atlantic mackerel throughout part 648 when appropriate;
references to ``squid'' would be revised to ``Illex squid'' and
``longfin squid'' when appropriate; and references to the ``Atlantic
Mackerel, Squid, and Butterfish'' FMP or associated entities such as
the Monitoring Committee would be revised to the more general
``Mackerel, Squid, and Butterfish'' reference that is inclusive of both
Atlantic mackerel and Atlantic chub mackerel.
Existing regulations at Sec. Sec. 648.4(a)(5)(v) and 648.14(g)(4)
would be revised to make such text consistent with similar text for
other fisheries and to incorporate Atlantic chub mackerel.
In Sec. 648.4(a)(15), revisions to existing text would ensure that
a commercial fishing vessel must be issued a Federal permit for any
commercial fishery of the Northeastern United States under part 648
instead of a specific forage species permit under Sec. 648.4(a)(15),
which does not actually exist. This change more effectively reflects
Council intent under Amendment 18.
In Sec. Sec. 648.5 and 6, revisions to existing text would ensure
that the vessel operator and dealer permit requirements adopted by the
Council under Amendment 18 are reflected in these sections. While we
included these changes in the final rule to implement that action
(August 28, 2017; 82 FR 40721), the Federal Register text was not
updated accordingly. In Sec. 648.22, paragraph (a)(2) would be revised
to spell out the first use of the term ``annual catch limit'' and
``annual catch target.''
In Sec. Sec. 648.22(a)(2), 648.22(b)(3)(v), 648.23(a)(2)(ii), and
648.24(c)(3), references to the butterfish ``mortality'' cap would be
revised to the butterfish ``discard'' cap upon the request of Council
staff to more accurately reflect how such measures are implemented.
Similarly, references to the Atlantic mackerel Tier 3 ``allocation'' in
Sec. Sec. 648.22(a)(3), 648.22(b)(2)(iv)(A), 648.22(c)(6),
648.24(b)(1)(i)(B), and Sec. Sec. 648.26(a)(1)(iii) and (a)(2)(i)(B)
would be revised to reference ``catch cap'' instead.
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 Amendment 21 to the Atlantic 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 12866.
This proposed rule is not an Executive Order 13771 regulatory
action because this rule is not significant under Executive Order
12866.
This proposed 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 Council prepared a draft EA for this action that analyzes the
impact of measures contained in this proposed rule. The EA includes an
initial Regulatory Flexibility Act analysis (IRFA), as required by
section 603 of the RFA, which is supplemented by information contained
in the preamble of this proposed rule. The IRFA, as summarized below,
describes the economic impact this proposed rule, if adopted, would
have on small entities. A copy of the RFA analysis is available from
the Mid-Atlantic Council (see ADDRESSES).
Description of the Reasons Why Action by the Agency Is Being Considered
The purpose of this action is to implement both required and
discretionary measures necessary to integrate Atlantic chub mackerel as
a stock under the Atlantic Mackerel, Squid, and Butterfish FMP. A
description of the action, why it is being considered, and the legal
basis for this action are contained in the preamble to this proposed
rule. Section 4.0 of the EA prepared for this action (see ADDRESSES)
contains a more thorough description of the purpose and need for this
action.
Statement of the Objectives of, and Legal Basis for, This Proposed Rule
The legal basis and objectives for this action are contained in the
preamble to this proposed rule, and are not repeated here. Sections 4.0
and 5.0 of the EA prepared for this action (see ADDRESSES) contains a
more thorough description of the purpose and need for this action and
the rational for each measure considered.
Description and Estimate of the Number of Small Entities to Which This
Proposed Rule Would Apply
For the purposes of the RFA analysis, the ownership entities (or
firms), not the individual vessels, are considered to be the regulated
entities. Ownership entities are defined as those entities or firms
with common ownership personnel as listed on the permit application.
Because of this, some vessels with Federal Atlantic mackerel, longfin
squid, Illex squid, or butterfish permits may be considered to be part
of the same firm because they may have the same owners. The North
American Industry Classification System (NAICS) is the standard used by
Federal statistical agencies in classifying business establishments for
the purpose of collecting, analyzing, and publishing statistical data
related to the U.S. business economy. For purposes of the RFA, a
business primarily engaged in commercial fishing activity is classified
as a small business if it has combined annual gross receipts not in
excess of $11 million (NAICS 11411) for all its affiliated operations
worldwide. A business primarily engaged in for-hire (charter/party)
operations is characterized as annual gross receipts not in excess of
$7.5 million. To identify
[[Page 13609]]
these small and large firms, vessel ownership data from the permit
database were grouped according to common owners and sorted by size.
The current ownership data set used to determine the size of the
business entity in this analysis is based on calendar years 2015-2017
(the most recent complete data available).
The proposed action would affect any commercial or party/charter
vessel that catches Atlantic chub mackerel from Maine through North
Carolina. Although there is the possibility that a vessel historically
caught Atlantic chub mackerel without being issued a Federal permit,
the number of such vessels is likely less than 10 based on dealer data.
Therefore, for the purposes of this analysis, any vessel that reported
any amount of Atlantic chub mackerel landings on VTRs submitted to
GARFO during 2008-2017 would be potentially affected by this action.
Based on this approach, 86 commercial fishing entities would be
affected by this action, 85 of which (99 percent) were categorized as
small business entities using the definition specified above. From
2015-2017, these entities averaged $1,343,855 in annual revenue from
commercial fishing. Fewer than three entities depended upon Atlantic
chub mackerel from more than one percent of total fishing revenues
during 2015-2017. Seventy-seven party/charter entities would be
affected by this action, all of which were classified as small
businesses. These entities averaged $316,860 in annual fishing revenues
during 2015-2017, with dependence on Atlantic chub mackerel assumed to
be low based on available information and public input. Therefore, due
to potential overlap between vessels conducting both party/charter and
commercial operations, a maximum of 163 entities would be affected by
this action, nearly all of which are small entities.
Description of the Projected Reporting, Recordkeeping, and Other
Compliance Requirements of This Proposed Rule
This proposed rule contains a collection-of-information requirement
subject to review and approval by the Office of Management and Budget
(OMB) under the Paperwork Reduction Act (PRA). This requirement has
been submitted to OMB for approval. Public reporting burden for these
collections of information, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information, are estimated to average, as follows:
1. Initial Federal vessel permit application, OMB# 0648-0202, (45
minutes/response);
2. Initial Federal dealer permit application, OMB# 0648-0202, (15
minutes/response);
3. Initial Federal operator permit application, OMB# 0648-0202, (60
minutes/response).
4. Vessel logbook report of catch by species, OMB# 0648-0212, (5
minutes/response);
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. Send comments on
these or any other aspects of the collection of information to the
Greater Atlantic Regional Fisheries Office at the ADDRESSES above, and
email to [email protected], or fax to (202) 395-5806.
Federal Rules Which May Duplicate, Overlap, or Conflict With This
Proposed Rule
This proposed rule does not duplicate, overlap, or conflict with
any other Federal rule.
Description of Significant Alternatives to the Proposed Action Which
Accomplish the Stated Objectives of Applicable Statutes and Which
Minimize any Significant Economic Impact on Small Entities
Section 7.2 of the EA estimates the number of vessel permits that
would qualify under each alternative and the associated economic
impacts to affected entities based on recent landings, with additional
analysis provided in Section 8.10 of the EA. The text below summarizes
the economic impacts for significant non-selected alternatives.
Although the no-action alternative (i.e., not managing Atlantic chub
mackerel under the FMP) would minimize adverse economic impact, it is
not a significant alternative because it does not meet the objectives
for this action and would not be consistent with the Magnuson-Stevens
Act. Similarly, the no-action alternative for other measures, including
expected catch from South Carolina through Florida, discards, and
management uncertainty, would result in a higher TAL and, therefore,
potential fishery revenues. However, it is unrealistic and contrary to
existing data to suggest that there is no catch from South Carolina
through Florida or discards. Also, due to difficulties with species
identification and precisely monitoring new high-volume fisheries, it
is unrealistic to suggest that proposed measures would perfectly
control catch. Therefore, these alternatives are not significant non-
selected alternatives for the purpose of the IRFA.
1. Expected Catch From South Carolina Through Florida
Under this action, the Council considered three alternatives
related to expected Atlantic chub mackerel catch from South Carolina
through Florida. The only significant alternative would deduct an
estimated catch of 12,600 lb (5.72 mt) from the ABC. Under that non-
preferred alternative, the ACL would be 71,900 lb (32.61 mt) higher
than the preferred alternative. Using the average price paid during
2009-2018 and assuming the full ACL would be landed (i.e., no discards
occur and management uncertainty is not deducted to derive a TAL), that
alternative could result in maximum of $32,355 in potential additional
fishing revenue. The Council did not select that alternative because
available data indicates that Atlantic chub mackerel catch does occur
from South Carolina through Florida, with landings reaching nearly
77,000 lb (34.93 mt) in the past. Further, discards in any fishery are
to be expected, and an estimate of discards from this area should also
be considered. Therefore, the Council adopted the preferred alternative
to fully account for catch from these states and the uncertainty and
variability in catch data to reduce the potential for overfishing this
stock.
2. Expected Discards
The Council considered four alternative estimates of expected
discards, including no action (no discards), 3 percent, 6 percent
(preferred), and 10 percent. Only the 3-percent discard alternative is
significant because it would result in a higher TAL than the proposed
action. This discard estimate represents observed discard rate during
2013 when landings were the highest recorded. A 3-percent discard rate
could result in an TAL that is 143,601 lb (65 mt) higher than the
proposed TAL. Using the average price paid during 2009-2018, this could
amount to an additional $64,620 in potential fishing revenue compared
to the preferred alternative. The Council adopted the more conservative
estimate of discards (six percent) based on a longer time series of
observer data (15 years) instead of just one year with the
[[Page 13610]]
highest landings. In conjunction with the proposed management
uncertainty buffer (four percent), this would provide additional
assurance that the ACL would not be exceeded and overfishing would not
occur.
3. Accountability Measures
The Council considered several alternative AMs, including triggers
for in-season closures of the commercial fishery and ACL overage
paybacks. For in-season closure triggers, the Council considered no
action (no in-season closure) and a closure when 90 percent, 95
percent, and 100 percent of the TAL is landed. Only the no action
alternative for both in-season closures and ACL overage payback are
significant alternatives because the 95 percent closure trigger would
not be substantively different from the two other preferred
alternatives combined.
The no action alternatives could result in higher short-term
economic benefits compared to the preferred alternative because the
fishery would not close or result in a lower ACT in a year following an
ACL overage. For example, the fishery was unconstrained in 2013,
resulting in 5,250,807 lb (2,382 mt) in landings and $945,145 in ex-
vessel revenue. This is approximately 18 percent higher ($153,145) than
the ex-vessel revenue would have been generated if the preferred
alternative in-season closure AMs and associated possession
restrictions would have been in effect in 2013. Despite the potential
short-term economic benefits of the no action alternative AMs, the
Council did not select them because they would be inconsistent with the
Magnuson-Stevens Act and would not prevent an ACL overage or mitigate
for the negative impacts of an ACL overage.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: February 26, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is
proposed 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.
0
2. In Sec. 648.1, revise paragraph (a) to read as follows:
Sec. 648.1 Purpose and scope.
* * * * *
(a) This part implements the fishery management plans (FMPs) for
the Atlantic mackerel, Atlantic chub mackerel, longfin squid, Illex
squid, and butterfish fisheries (Mackerel, Squid, and Butterfish FMP);
Atlantic salmon (Atlantic Salmon FMP); the Atlantic sea scallop fishery
(Scallop FMP); the Atlantic surfclam and ocean quahog fisheries
(Atlantic Surfclam and Ocean Quahog FMP); the NE multispecies and
monkfish fisheries ((NE Multispecies FMP) and (Monkfish FMP)); the
summer flounder, scup, and black sea bass fisheries (Summer Flounder,
Scup, and Black Sea Bass FMP); the Atlantic bluefish fishery (Atlantic
Bluefish FMP); the Atlantic herring fishery (Atlantic Herring FMP); the
spiny dogfish fishery (Spiny Dogfish FMP); the Atlantic deep-sea red
crab fishery (Deep-Sea Red Crab FMP); the golden and blueline tilefish
fisheries (Tilefish FMP); and the NE skate complex fisheries (Skate
FMP). These FMPs and the regulations in this part govern the
conservation and management of the above named fisheries of the
Northeastern United States.
* * * * *
0
3. Amend Sec. 648.2 by revising the definitions of ``Atlantic
mackerel'' and ``Council,'' removing the definition of ``Atlantic
Mackerel, Squid, and Butterfish Monitoring Committee,'' and adding
definitions for ``Atlantic Chub Mackerel Management Unit,'' and
``Mackerel, Squid, and Butterfish Monitoring Committee'' in
alphabetical order to read as follows:
Sec. 648.2 Definitions.
* * * * *
Atlantic Chub Mackerel Management Unit means an area of the
Atlantic Ocean in which the United States exercises exclusive
jurisdiction over all Atlantic chub mackerel fished for, possessed,
caught, or retained in or from that is bounded on the west and north by
the coastline of the United States; bounded on the east by the outer
limit of the U.S. EEZ; and bounded on the south by a line following the
lateral seaward boundary between North Carolina and South Carolina from
the coast to the Submerged Lands Act line, approximately
33[deg]48'46.37'' N lat., 78[deg]29'46.46'' W long., and then heading
due east along 33[deg]48'46.37'' N lat. to the outer limit of the US
Exclusive Economic Zone.
* * * * *
Atlantic mackerel means Scomber scombrus.
* * * * *
Council means the New England Fishery Management Council (NEFMC)
for the Atlantic herring, Atlantic sea scallop, Atlantic deep-sea red
crab, NE multispecies, monkfish, and NE skate fisheries; or the Mid-
Atlantic Fishery Management Council (MAFMC) for the Atlantic mackerel,
Atlantic chub mackerel, Illex squid, longfin squid, and butterfish;
Atlantic surfclam and ocean quahog; summer flounder, scup, and black
sea bass; spiny dogfish; Atlantic bluefish; and tilefish fisheries.
* * * * *
Mackerel, Squid, and Butterfish Monitoring Committee means the
committee made up of staff representatives of the MAFMC and the NEFMC,
and the Greater Atlantic Regional Fisheries Office and NEFSC of NMFS.
The MAFMC Executive Director or a designee chairs the Committee.
* * * * *
0
4. Amend Sec. 648.4, by revising the introductory text for paragraph
(a)(5), paragraphs (a)(5)(iii)(B), (iii)(C), (iii)(H), (iii)(I), (v),
(15), and (c)(2)(vii) to read as follows:
Sec. 648.4 Vessel permits.
* * * * *
(a) * * *
(5) Mackerel, squid, and butterfish vessels. Any vessel of the
United States, including party and charter vessels, that fishes for,
possesses, or lands Atlantic mackerel, Illex squid, longfin squid, or
butterfish in or from the EEZ or Atlantic chub mackerel in or from the
EEZ portion of the Atlantic Chub Mackerel Management Unit must have
been issued and carry on board a valid Federal mackerel, squid, or
butterfish vessel permit pursuant to this paragraph (a)(5).
* * * * *
(iii) * * *
(B) Limited access mackerel permits. A vessel of the United States
that fishes for, possesses, or lands more than 20,000 lb (7.46 mt) of
Atlantic mackerel per trip, except vessels that fish exclusively in
state waters for Atlantic mackerel, must have been issued and carry on
board one of the limited access Atlantic mackerel permits described in
paragraphs (a)(5)(iii)(B)(1) through (3) of this section, including
both vessels engaged in pair trawl operations.
(1) Tier 1 Limited Access Atlantic Mackerel Permit. A vessel may
fish for, possess, and land Atlantic mackerel not subject to a trip
limit, provided the vessel qualifies for and has been issued this
permit, subject to all other regulations of this part.
(2) Tier 2 Limited Access Atlantic Mackerel Permit. A vessel may
fish for,
[[Page 13611]]
possess, and land up to 135,000 lb (50 mt) of Atlantic mackerel per
trip, provided the vessel qualifies for and has been issued this
permit, subject to all other regulations of this part.
(3) Tier 3 Limited Access Atlantic Mackerel Permit. A vessel may
fish for, possess, and land up to 100,000 lb (37.3 mt) of Atlantic
mackerel per trip, provided the vessel qualifies for and has been
issued this permit, subject to all other regulations of this part.
(C) Eligibility criteria for Atlantic mackerel permits. To be
eligible to apply for a Tier 1, Tier 2, or Tier 3 limited access
Atlantic mackerel permit to fish for and retain Atlantic mackerel in
excess of the incidental catch allowance in paragraph (a)(5)(vi) of
this section in the EEZ, a vessel must have been issued a Tier 1, Tier
2, or Tier 3 limited access Atlantic mackerel permit, as applicable,
for the preceding year, be replacing a vessel that was issued a limited
access permit for the preceding year, or be replacing a vessel that was
issued a confirmation of permit history.
* * * * *
(H) Vessel baseline specification. (1) In addition to the baseline
specifications specified in paragraph (a)(1)(i)(H) of this section, the
volumetric fish hold capacity of a vessel at the time it was initially
issued a Tier 1 or Tier 2 limited access Atlantic mackerel permit will
be considered a baseline specification. 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)(iii)(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.
(2) If an Atlantic mackerel CPH is initially issued, the vessel
that provided the CPH eligibility establishes the size baseline against
which future vessel size limitations shall be evaluated, unless the
applicant has a vessel under contract prior to the submission of the
Atlantic mackerel limited access application. If the vessel that
established the CPH is less than 20 ft (6.09 m) in length overall, then
the baseline specifications associated with other limited access
permits in the CPH suite will be used to establish the Atlantic
mackerel baseline specifications. If the vessel that established the
CPH is less than 20 ft (6.09 m) in length overall, the limited access
Atlantic mackerel eligibility was established on another vessel, and
there are no other limited access permits in the CPH suite, then the
applicant must submit valid documentation of the baseline
specifications of the vessel that established the eligibility. The hold
capacity baseline for such vessels will be the hold capacity of the
first replacement vessel after the permits are removed from CPH. Hold
capacity for the replacement vessel must be measured pursuant to
paragraph (a)(5)(iii)(H)(1) of this section.
(I) Upgraded vessel. See paragraph (a)(1)(i)(F) of this section. In
addition, for Tier 1 and Tier 2 limited access Atlantic mackerel
permits, the replacement vessel's volumetric fish 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 resurveyed by a surveyor
(accredited as in paragraph (a)(5)(iii)(H) of this section) unless the
replacement vessel already had an appropriate certification.
* * * * *
(v) Party and charter boat permits. The owner of any party or
charter boat that fishes for, possesses, or retains Atlantic mackerel,
Illex squid, longfin squid, or butterfish in or from the EEZ or
Atlantic chub mackerel in or from the EEZ portion of the Atlantic Chub
Mackerel Management Unit, while carrying passengers for hire must have
been issued and carry on board a valid Federal vessel permit pursuant
to this paragraph (a)(5).
* * * * *
(15) Mid-Atlantic forage species. Any commercial fishing vessel of
the United States must have been issued and have on board a valid
Federal commercial vessel permit issued by GARFO pursuant to this
section to fish for, possess, transport, sell, or land Mid-Atlantic
forage species in or from the EEZ portion of the Mid-Atlantic Forage
Species Management Unit, as defined at Sec. 648.351(b). A vessel that
fishes for such species exclusively in state waters is not required to
be issued a Federal permit.
* * * * *
(c) * * *
(2) * * *
(vii) The owner of a vessel that has been issued a Tier 1 or Tier 2
limited access Atlantic mackerel must submit a volumetric fish hold
certification measurement, as described in paragraph (a)(5)(iii)(H) of
this section, with the permit renewal application for the 2013 fishing
year.
* * * * *
0
5. In Sec. 648.5, revise paragraph (a) to read as follows:
Sec. 648.5 Operator permits.
* * * * *
(a) General. Any operator of a vessel fishing for or possessing:
Atlantic sea scallops, NE multispecies, spiny dogfish, monkfish,
Atlantic herring, Atlantic surfclam, ocean quahog, Atlantic mackerel,
Illex squid, longfin squid, butterfish, scup, black sea bass, or
Atlantic bluefish, harvested in or from the EEZ; golden tilefish or
blueline tilefish harvested in or from the EEZ portion of the Tilefish
Management Unit; skates harvested in or from the EEZ portion of the
Skate Management Unit; Atlantic deep-sea red crab harvested in or from
the EEZ portion of the Red Crab Management Unit; Mid-Atlantic forage
species harvested in the Mid-Atlantic Forage Species Management Unit;
or Atlantic chub mackerel harvested in or from the EEZ portion of the
Atlantic Chub Mackerel Management Unit that is issued a permit,
including carrier and processing permits, for these species under this
part must have been issued under this section, and carry on board, a
valid operator permit. An operator's permit issued pursuant to part 622
or part 697 of this chapter satisfies the permitting requirement of
this section. This requirement does not apply to operators of
recreational vessels.
* * * * *
0
6. In Sec. 648.6, revise paragraph (a)(1) to read as follows:
Sec. 648.6 Dealer/processor permits.
* * * * *
(a) * * *
(1) All dealers of NE multispecies, monkfish, skates, Atlantic
herring, Atlantic sea scallop, Atlantic deep-sea red crab, spiny
dogfish, summer flounder, Atlantic surfclam, ocean quahog, Atlantic
mackerel, Illex squid, longfin squid, butterfish, scup, bluefish,
golden tilefish, blueline tilefish, and black sea bass; Atlantic
surfclam and ocean quahog processors; Atlantic
[[Page 13612]]
hagfish dealers and/or processors, and Atlantic herring processors or
dealers, as described in Sec. 648.2; must have been issued under this
section, and have in their possession, a valid permit or permits for
these species. A dealer of Atlantic chub mackerel must have been issued
and have in their possession, a valid dealer permit for Atlantic
mackerel, Illex squid, longfin squid, or butterfish in accordance with
this paragraph. A dealer of Mid-Atlantic forage species must have been
issued and have in their possession, a valid dealer permit for any
species issued in accordance with this paragraph.
* * * * *
0
7. In Sec. 648.7, revise the introductory text of paragraph (a)(1)
and (b)(3)(ii) to read as follows.
Sec. 648.7 Recordkeeping and reporting requirements.
* * * * *
(a) * * *
(1) Federally permitted dealers, and any individual acting in the
capacity of a dealer, must submit to the Regional Administrator or to
the official designee a detailed report of all fish purchased or
received for a commercial purpose, other than solely for transport on
land, within the time period specified in paragraph (f) of this
section, by one of the available electronic reporting mechanisms
approved by NMFS, unless otherwise directed by the Regional
Administrator. The following information, and any other information
required by the Regional Administrator, must be provided in each
report:
* * * * *
(b) * * *
(3) * * *
(ii) Atlantic mackerel owners or operators. The owner or operator
of a vessel issued a limited access Atlantic mackerel permit must
report catch (retained and discarded) of Atlantic mackerel 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: Fishing Vessel Trip Report
serial number; month, day, and year Atlantic mackerel was caught; total
pounds of Atlantic mackerel retained and total pounds of all fish
retained. Daily Atlantic mackerel 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 Atlantic mackerel 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.
* * * * *
0
8. In Sec. 648.10, revise paragraph (n) to read as follows:
Sec. 648.10 VMS and DAS requirements for vessel owners/operators.
* * * * *
(n) Limited access Atlantic mackerel VMS notification requirements.
(1) A vessel issued a limited access Atlantic mackerel permit
intending to declare into the Atlantic mackerel fishery must notify
NMFS by declaring an Atlantic mackerel trip prior to leaving port at
the start of each trip in order to harvest, possess, or land Atlantic
mackerel on that trip.
(2) A vessel issued a limited access Atlantic mackerel permit
intending to land more than 20,000 lb (9.07 mt) of Atlantic mackerel
must notify NMFS of the time and place of offloading at least 6 hr
prior prior to arrival, or, if fishing ends less than 6 hours before
arrival, immediately upon leaving the fishing grounds. The Regional
Administrator may adjust the prior notification minimum time through
publication in the Federal Register consistent with the Administrative
Procedure Act.
* * * * *
0
9. In Sec. 648.11, revise paragraphs (n)(1)(ii) through (iv) to read
as follows:
Sec. 648.11 At-sea sea sampler/observer coverage.
* * * * *
(n) * * *
(1) * * *
(ii) A vessel that has a representative provide notification to
NMFS as described in paragraph (n)(1)(i) of this section may only
embark on an Atlantic mackerel trip without an observer if a vessel
representative has been notified by NMFS that the vessel has received a
waiver of the observer requirement for that trip. NMFS shall notify a
vessel representative whether the vessel must carry an observer, or if
a waiver has been granted, for the specific Atlantic mackerel trip,
within 24 hr of the vessel representative's notification of the
prospective Atlantic mackerel trip, as specified in paragraph (n)(1)(i)
of this section. Any request to carry an observer may be waived by
NMFS. A vessel that fishes with an observer waiver confirmation number
that does not match the Atlantic mackerel trip plan that was called in
to NMFS is prohibited from fishing for, possessing, harvesting, or
landing Atlantic mackerel except as specified in paragraph (n)(1)(iii)
of this section. Confirmation numbers for trip notification calls are
only valid for 48 hr from the intended sail date.
(iii) Trip limits: A vessel issued a limited access Atlantic
mackerel permit, as specified in Sec. 648.4(a)(5)(iii), that does not
have a representative provide the trip notification required in
paragraph (n)(1)(i) of this section is prohibited from fishing for,
possessing, harvesting, or landing more than 20,000 lb (9.07 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.
(iv) If a vessel issued a limited access Atlantic mackerel permit,
as specified in Sec. 648.4(a)(5)(iii), intends to possess, harvest, or
land more than 20,000 lb (9.07 mt) of Atlantic mackerel per trip or per
calendar day, and has a representative notify NMFS of an upcoming trip,
is selected by NMFS to carry an observer, and then cancels that trip,
the representative is required to provide notice to NMFS of the vessel
name, vessel permit number, contact name for coordination of observer
deployment, and telephone number or email address for contact, and the
intended date, time, and port of departure for the cancelled trip prior
to the planned departure time. In addition, if a trip selected for
observer coverage is cancelled, then that vessel is required to carry
an observer, provided an observer is available, on its next trip.
* * * * *
0
10. In Sec. 648.12, revise the introductory text to read as follows:
Sec. 648.12 Experimental fishing.
The Regional Administrator may exempt any person or vessel from the
requirements of subparts A (General provisions), B (mackerel, squid,
and butterfish), D (Atlantic sea scallop), E (Atlantic surfclam and
ocean quahog), F (NE multispecies and monkfish), G (summer flounder), H
(scup), I (black sea bass), J (Atlantic bluefish), K (Atlantic
herring), L (spiny dogfish), M (Atlantic deep-sea red crab), N
(tilefish), O (skates), and P (Mid-Atlantic forage species) of this
part for the conduct of experimental fishing beneficial to the
management of the resources or fishery managed under that subpart. The
Regional Administrator shall consult with the Executive Director of the
MAFMC before approving any exemptions for the Atlantic chub mackerel,
Atlantic mackerel, Illex squid, longfin squid butterfish, summer
flounder, scup, black sea bass, spiny dogfish, bluefish, and tilefish
fisheries, including exemptions for experimental fishing contributing
to the development
[[Page 13613]]
of new or expansion of existing fisheries for Mid-Atlantic forage
species.
* * * * *
0
11. Amend Sec. 648.14 by revising the introductory text paragraphs
(g)(2), (v), and (g)(3); and paragraphs (g)(1)(i), (ii)(A),
(g)(2)(ii)(C), (ii)(D), (ii)(F), (ii)(G),)(v)(A), (g)(3)(ii) through
(iii), (g)(4), and (w) to read as follows:
Sec. 648.14 Prohibitions.
* * * * *
(g) * * *
(1) * * *
(i) Possession and landing. Take and retain, possess, or land more
Atlantic chub mackerel, Atlantic mackerel, Illex squid, longfin squid,
or butterfish than specified under, or after the effective date of, a
notification issued under Sec. Sec. 648.22 or 648.24(d).
(ii) * * *
(A) Purchase or otherwise receive for a commercial purpose; other
than solely for transport on land; Atlantic chub mackerel, Atlantic
mackerel, Illex squid, longfin squid, or butterfish caught by a vessel
that has not been issued a Federal Atlantic mackerel, Illex squid,
longfin squid, or butterfish vessel permit, unless the vessel fishes
exclusively in state waters.
* * * * *
(2) Vessel and operator permit holders. Unless participating in a
research activity as described in Sec. 648.22(g), it is unlawful for
any person owning or operating a vessel issued a valid Atlantic
mackerel, Illex squid, longfin squid, or butterfish fishery permit, or
issued an operator's permit, to do any of the following:
* * * * *
(ii) * * *
(C) Possess more than the incidental catch allowance of Atlantic
mackerel, unless issued a limited access Atlantic mackerel permit.
(D) Take and retain, possess, or land Atlantic chub mackerel,
Atlantic mackerel, squid, or butterfish in excess of a possession limit
specified in Sec. 648.26.
* * * * *
(F) Take and retain, possess, or land more than 5,000 lb (2.27 mt)
of Atlantic mackerel after a closure of the entire commercial fishery,
as specified under Sec. 648.24(b)(1).
(G) Fish for, possess, transfer, receive, or sell; or attempt to
fish for, possess, transfer, receive, or sell; more than 20,000 lb
(9.08 mt) of Atlantic mackerel per trip; or land, or attempt to land
more than 20,000 lb (9.08 mt) of Atlantic mackerel per day after 95
percent of the river herring and shad cap has been harvested, if the
vessel holds a valid Atlantic mackerel permit.
* * * * *
(v) VMS reporting requirements in the directed Atlantic mackerel,
longfin squid, and Illex squid fisheries.
(A) Fail to declare via VMS into the directed Atlantic mackerel,
longfin squid, or Illex squid fisheries by entering the fishery code
prior to leaving port at the start of each trip if the vessel will
harvest, possess, or land more than an incidental catch of Atlantic
mackerel, longfin squid, or Illex squid and is issued a limited access
Atlantic mackerel permit, Tier 1 or Tier 2 longfin squid moratorium
permit, or Illex squid moratorium permit.
* * * * *
(3) Charter/party restrictions. Unless participating in a research
activity as described in Sec. 648.22(g), it is unlawful for the owner
and operator of a party or charter boat issued an Atlantic mackerel,
Illex squid, longfin squid, or butterfish fishery permit (including a
moratorium permit), when the boat is carrying passengers for hire, to
do any of the following:
* * * * *
(ii) Sell or transfer Atlantic chub mackerel, Atlantic mackerel,
Illex squid, longfin squid, or butterfish to another person for a
commercial purpose.
(iii) Carry passengers for hire while fishing commercially under an
Atlantic mackerel, Illex squid, longfin squid, or butterfish fishery
permit.
(4) Presumption. For purposes of this part, the following
presumption applies: All Atlantic chub mackerel, Atlantic mackerel and
butterfish possessed on board a party or charter boat issued a Federal
Atlantic mackerel, Illex squid, longfin squid, or butterfish fishery
permit are deemed to have been harvested from the EEZ, unless the
preponderance of evidence demonstrates that such species were harvested
by a vessel without a Federal Atlantic mackerel, Illex squid, longfin
squid, or butterfish permit and fishing exclusively in state waters or,
for Atlantic chub mackerel, outside of the Atlantic Chub Mackerel
Management Unit.
* * * * *
(w) Mid-Atlantic forage species. It is unlawful for any person
owning or operating a vessel issued a valid commercial permit under
this part to fish for, possess, transfer, receive, or land; or attempt
to fish for, possess, transfer, receive, or land; more than 1,700 lb
(771.11 kg) of all Mid-Atlantic forage species combined per trip in or
from the Mid-Atlantic Forage Species Management Unit, as defined at
Sec. 648.351(b). A vessel not issued a commercial permit in accordance
with Sec. 648.4 that fished exclusively in state waters or a vessel
that fished Federal waters outside of the Mid-Atlantic Forage Species
Management Unit that is transiting the area with gear that is stowed
and not available for immediate use is exempt from this prohibition.
* * * * *
0
12. Revise Sec. 648.18 to read as follows:
Sec. 648.18 Standardized bycatch reporting methodology.
NMFS shall comply with the Standardized Bycatch Reporting
Methodology (SBRM) provisions established in the following fishery
management plans by the Standardized Bycatch Reporting Methodology: An
Omnibus Amendment to the Fishery Management Plans of the Mid-Atlantic
and New England Regional Fishery Management Councils, completed March
2015, also known as the SBRM Omnibus Amendment, by the New England
Fishery Management Council, Mid-Atlantic Fishery Management Council,
National Marine Fisheries Service Greater Atlantic Regional Fisheries
Office, and National Marine Fisheries Service Northeast Fisheries
Science Center: Atlantic Bluefish; Mackerel, Squid, and Butterfish;
Atlantic Sea Scallop; Atlantic Surfclam and Ocean Quahog; Atlantic
Herring; Atlantic Salmon; Deep-Sea Red Crab; Monkfish; Northeast
Multispecies; Northeast Skate Complex; Spiny Dogfish; Summer Flounder,
Scup, and Black Sea Bass; and Tilefish. The Director of the Federal
Register approves this incorporation by reference in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy of the SBRM
Omnibus Amendment from the Greater Atlantic Regional Fisheries Office
(www.greateratlantic.fisheries.noaa.gov, 978-281-9300). You may inspect
a copy at the Greater Atlantic Regional Fisheries Office, 55 Great
Republic Drive, Gloucester, MA 01930 or at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call 202-741-6030, or go to: www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
* * * * *
0
13. Under part 648, revise the title of subpart B to read as follows:
Subpart B--Management Measures for the Mackerel, Squid, and
Butterfish Fisheries
0
14. Amend Sec. 648.22 by:
[[Page 13614]]
0
a. Revising the section heading, introductory text for paragraphs (a),
(b)(2), (iv)(A), (v), (c); and paragraphs (a)(2), (3), (b)(2)(i)
through (ii), (b)(2)(iv)(A)(1) and (2), (v)(A), (b)(3)(v), (vii),
(c)(1)(ii), (c)(2), (3), (6), (9), and (d)(1); and
0
b. Adding paragraphs (a)(5) and (b)(5).
The additions and revisions read as follows:
Sec. 648.22 Mackerel, squid, and butterfish specifications.
(a) Initial recommended annual specifications. The Mackerel, Squid,
and Butterfish Monitoring Committee (Monitoring Committee) shall meet
annually to develop and recommend the following specifications for
consideration by the Mackerel, Squid, and Butterfish Committee of the
MAFMC:
* * * * *
(2) Butterfish--Annual catch limit (ACL); Annual catch target (ACT)
including RSA, DAH, DAP; bycatch level of the total allowable level of
foreign fishing (TALFF), if any; and butterfish discard cap for the
longfin squid fishery for butterfish; which, subject to annual review,
may be specified for a period of up to 3 years;
(3) Atlantic mackerel--ACL; commercial ACT, including RSA, DAH,
Atlantic mackerel Tier 3 landings cap (up to 7 percent of the DAH),
DAP; joint venture processing (JVP) if any; TALFF, if any; and
recreational ACT, including RSA for Atlantic mackerel; which, subject
to annual review, may be specified for a period of up to 3 years. The
Monitoring Committee may also recommend that certain ratios of TALFF,
if any, for Atlantic mackerel to purchases of domestic harvested fish
and/or domestic processed fish be established in relation to the
initial annual amounts.
* * * * *
(5) Atlantic chub mackerel--ACL, ACT, and total allowable landings
(TAL), which, subject to annual review, may be specified for a period
of up to 3 years.
(b) * * *
(2) Atlantic Mackerel--(i) ABC. The MAFMC's SSC shall recommend a
stock-wide ABC to the MAFMC, as described in Sec. 648.20. The stock-
wide Atlantic mackerel ABC is reduced from the OFL based on an
adjustment for scientific uncertainty; the stock-wide ABC must be less
than or equal to the OFL.
(ii) ACL. The ACL or Domestic ABC is calculated using the formula
ACL/Domestic ABC = stock-wide ABC-C, where C is the estimated catch of
Atlantic mackerel in Canadian waters for the upcoming fishing year.
* * * * *
(iv) * * *
(A) Commercial sector ACT. Commercial ACT is composed of RSA, DAH,
Tier 3 landings cap (up to 7 percent of DAH), dead discards, and TALFF,
if any. RSA will be based on requests for research quota as described
in paragraph (g) of this section. DAH, Tier 3 landings cap (up to 7 of
the DAH), DAP, and JVP will be set after deduction for RSA, if
applicable, and must be projected by reviewing data from sources
specified in paragraph (b) of this section and other relevant data,
including past domestic landings, projected amounts of Atlantic
mackerel necessary for domestic processing and for joint ventures
during the fishing year, projected recreational landings, and other
data pertinent for such a projection. The JVP component of DAH is the
portion of DAH that domestic processors either cannot or will not use.
Economic considerations for the establishment of JVP and TALFF include:
(1) Total world export potential of Atlantic mackerel producing
countries.
(2) Total world import demand of Atlantic mackerel consuming
countries.
* * * * *
(v) Performance review. The Mackerel, Squid, and Butterfish
Committee shall conduct a detailed review of fishery performance
relative to the Atlantic mackerel ACL at least every 5 years.
(A) If the Atlantic mackerel ACL is exceeded with a frequency
greater than 25 percent (i.e., more than once in 4 years or any two
consecutive years), the Mackerel, Squid, and Butterfish Monitoring
Committee will review fishery performance information and make
recommendations to the MAFMC for changes in measures intended to ensure
ACLs are not exceeded as frequently.
* * * * *
(3) * * *
(v) The butterfish discard cap will be based on a portion of the
ACT (set annually during specifications) and the specified cap amount
will be allocated to the longfin squid fishery as follows: Trimester
I--43 percent; Trimester II--17 percent; and Trimester III--40 percent.
* * * * *
(vii) Performance review. The Mackerel, Squid, and Butterfish
Committee shall conduct a detailed review of fishery performance
relative to the butterfish ACL in conjunction with review for the
Atlantic mackerel fishery, as outlined in this section.
* * * * *
(5) Atlantic chub mackerel--(i) ABC. The MAFMC's SSC shall
recommend a stock-wide ABC to the MAFMC, as described in Sec. 648.20.
The stock-wide Atlantic chub mackerel ABC is reduced from the OFL based
on an adjustment for scientific uncertainty; the stock-wide ABC must be
less than or equal to the OFL.
(ii) Maximum sustainable yield (MSY). The Atlantic chub mackerel
MSY shall be set equal to the Atlantic chub mackerel ABC.
(iii) OY. The Atlantic chub mackerel OY shall be set equal to or
less than the Atlantic chub mackerel ABC.
(iv) ACL. The ACL for the Atlantic Chub Mackerel Management Unit is
calculated by subtracting an estimate of Atlantic chub mackerel catch
from South Carolina through Florida from the Atlantic chub mackerel ABC
or OY, whichever is less. The Monitoring Committee shall recommend an
appropriate estimate of such catch on an annual basis through the
specifications process. The ACL shall apply to both commercial and
recreational catch of Atlantic chub mackerel; there will not be
separate ACLs for the commercial and recreational Atlantic chub
mackerel fisheries.
(v) ACT. The Atlantic chub mackerel ACT shall be equal to or less
than the Atlantic chub mackerel ACL after deducting an estimate of
management uncertainty. The Monitoring Committee shall identify and
review relevant sources of management uncertainty to recommend an
overall ACT to the MAFMC for both the commercial and recreational
fishing sectors as part of the specifications process.
(vi) TAL. The Atlantic chub mackerel TAL shall be equal to or less
than the Atlantic chub mackerel ACT after deducting an estimate of dead
discards in both the commercial and recreational fisheries. The
Monitoring Committee shall evaluate available data to recommend an
estimate of total discards used to calculate the TAL in its
recommendation to the MAFMC as part of the specifications process.
(c) Recommended measures. Based on the review of the data described
in paragraph (b) of this section and requests for research quota as
described in paragraph (g) of this section, the Monitoring Committee
will recommend to the Mackerel, Squid, and Butterfish Committee the
measures from the following list that it determines are necessary to
ensure that the specifications are not exceeded:
[[Page 13615]]
(1) * * *
(ii) The commercial and/or recreational ACT for Atlantic mackerel.
* * * * *
(2) Commercial quotas or total allowable landing limits, set after
reductions for research quotas, management uncertainty, discards, an
estimate of Atlantic chub mackerel catch from South Carolina through
Florida, or any other applicable deduction specified in this section.
(3) The amount of longfin squid, Illex squid, and butterfish that
may be retained and landed by vessels issued the incidental catch
permit specified in Sec. 648.4(a)(5)(vi), and the amount of Atlantic
mackerel that may be retained, possessed and landed by any of the
limited access Atlantic mackerel permits described at Sec.
648.4(a)(5)(iii) and the incidental Atlantic mackerel permit at Sec.
648.4(a)(5)(iv).
* * * * *
(6) Commercial seasonal quotas/closures for longfin squid, Illex
squid, and Atlantic chub mackerel; and landings cap for the Tier 3
Limited Access Atlantic mackerel permit.
* * * * *
(9) Recreational allocation for Atlantic mackerel.
* * * * *
(d) * * *
(1) The Mackerel, Squid, and Butterfish Committee will review the
recommendations of the Monitoring Committee. Based on these
recommendations and any public comment received thereon, the Mackerel,
Squid, and Butterfish Committee must recommend to the MAFMC appropriate
specifications and any measures necessary to assure that the
specifications will not be exceeded. The MAFMC will review these
recommendations and, based on the recommendations and any public
comment received thereon, must recommend to the Regional Administrator
appropriate specifications and any measures necessary to assure that
the ACL will not be exceeded. The MAFMC's recommendations must include
supporting documentation, as appropriate, concerning the environmental,
economic, and social impacts of the recommendations. The Regional
Administrator will review the recommendations and will publish a
proposed rule in the Federal Register proposing specifications and any
measures necessary to assure that the specifications will not be
exceeded and providing a 30-day public comment period. If the proposed
specifications differ from those recommended by the MAFMC, the reasons
for any differences must be clearly stated and the revised
specifications must satisfy the criteria set forth in this section. The
MAFMC's recommendations will be available for inspection at the office
of the Regional Administrator during the public comment period. If the
annual specifications for Illex squid, longfin squid, Atlantic
mackerel, Atlantic chub mackerel, or butterfish are not published in
the Federal Register prior to the start of the fishing year, the
previous year's annual specifications, excluding specifications of
TALFF, will remain in effect. The previous year's specifications will
be superseded as of the effective date of the final rule implementing
the current year's annual specifications.
* * * * *
0
15. In Sec. 648.23, revise paragraph (a)(2)(ii) to read as follows:
Sec. 648.23 Mackerel, squid, and butterfish gear restrictions.
* * * * *
(a) * * *
(2) * * *
(ii) Jigging exemption. During closures of the longfin squid
fishery resulting from the butterfish discard cap, described in Sec.
648.24(c)(3), vessels fishing for longfin squid using jigging gear are
exempt from the closure possession limit specified in Sec. 648.26(b),
provided that all otter trawl gear is stowed and not available for
immediate use as defined in Sec. 648.2.
* * * * *
0
16. Amend Sec. 648.24 by:
0
a. Revising the introductory text to paragraphs (b) and (4); paragraphs
(b)(1)(i)(B), (2), (3), (5), (6), (c)(3), and (5); and
0
b. Adding paragraph (e).
The revisions and additions read as follows:
Sec. 648.24 Fishery closures and accountability measures.
* * * * *
(b) Atlantic Mackerel AMs
(1) * * *
(i) * * *
(B) Unless previously closed pursuant to paragraph (b)(1)(i)(A) of
this section, NMFS will close the Tier 3 commercial Atlantic mackerel
fishery in the EEZ when the Regional Administrator projects that 90
percent of the Tier 3 Atlantic mackerel landings cap will be harvested.
Unless otherwise restricted, the closure of the Tier 3 commercial
Atlantic mackerel fishery will be in effect for the remainder of that
fishing period, with incidental catches allowed as specified in Sec.
648.26.
* * * * *
(2) Atlantic mackerel commercial landings overage repayment. If the
Atlantic mackerel ACL is exceeded and commercial fishery landings are
responsible for the overage, then landings in excess of the DAH will be
deducted from the DAH the following year, as a single-year adjustment
to the DAH.
(3) Non-landing AMs. In the event that the Atlantic mackerel ACL is
exceeded, and that the overage has not been accommodated through the
landing-based AM described in paragraph (b)(2) of this section, but is
attributable to the commercial sector, then the exact amount, in
pounds, by which the commercial Atlantic mackerel ACT was exceeded will
be deducted from the following year's commercial Atlantic mackerel ACT,
as a single-year adjustment.
(4) Atlantic mackerel recreational AMs. If the Atlantic mackerel
ACL is exceeded and the recreational fishery landings are responsible
for the overage, then the following procedure will be followed:
* * * * *
(5) Atlantic mackerel ACL overage evaluation. The Atlantic mackerel
ACL will be evaluated based on a single-year examination of total catch
(landings and discards). Both landings and dead discards will be
evaluated in determining if the Atlantic mackerel ACL has been
exceeded. NMFS shall make determinations about overages and implement
any changes to the Atlantic mackerel ACL, in accordance with the
Administrative Procedure Act, through notification in the Federal
Register, by May 15 of the fishing year in which the deductions will be
made.
(6) River herring and shad catch cap. The river herring and shad
cap on the Atlantic mackerel fishery applies to all trips that land
more than 20,000 lb (9.08 mt) of Atlantic mackerel. NMFS shall close
the limited access Atlantic mackerel fishery in the EEZ when the
Regional Administrator projects that 95 percent of the river herring/
shad catch cap has been harvested. Following closures of the limited
access Atlantic mackerel fishery, vessels must adhere to the possession
restrictions specified in Sec. 648.26.
* * * * *
(c) * * *
(3) Butterfish discard cap on the longfin squid fishery. NMFS shall
close the directed fishery in the EEZ for longfin squid when the
Regional Administrator projects that 95 percent of each Trimester's
butterfish discard cap allocation has been harvested.
* * * * *
[[Page 13616]]
(5) Butterfish allocation transfer. NMFS may transfer up to 50
percent of any unused butterfish allocation from the butterfish DAH to
the butterfish discard cap on the longfin squid fishery if the
butterfish catch in the longfin squid fishery is likely to result in a
closure of the longfin squid fishery, and provided the transfer does
not increase the likelihood of closing the directed butterfish fishery.
NMFS may instead transfer up to 50 percent of the unused butterfish
catch from the butterfish discard cap allocation to the butterfish DAH
if harvest of butterfish in the directed butterfish fishery is likely
to exceed the butterfish DAH, and provided the transfer of butterfish
allocation from the butterfish discard cap allocation does not increase
the likelihood of closing the longfin squid fishery due to harvest of
the butterfish discard cap. NMFS would make this transfer on or about
November 15 each fishing year, in accordance with the Administrative
Procedure Act.
(d) Notification. Upon determining that a closure or trip limit
reduction is necessary, the Regional Administrator will notify, in
advance of the closure, the Executive Directors of the MAFMC, NEFMC,
and SAFMC; mail notification of the closure or trip limit reduction to
all holders of Atlantic mackerel, Illex squid, longfin squid, and
butterfish fishery permits at least 72 hr before the effective date of
the closure; provide adequate notice of the closure or trip limit
reduction to recreational participants in the fishery; and publish
notification of the closure or trip limit reduction in the Federal
Register.
(e) Atlantic Chub Mackerel AMs.
(1) Commercial fishery closures.
(i) When the Regional Administrator projects that 90 percent of the
Atlantic chub mackerel TAL will be landed, the Regional Administrator
will reduce the Atlantic chub mackerel possession limit as specified in
Sec. 648.26(e)(2)(i) through notification in the Federal Register.
(ii) When the Regional Administrator projects that 100 percent of
the Atlantic chub mackerel TAL will be landed, the Regional
Administrator will reduce the Atlantic chub mackerel possession limit
as specified in Sec. 648.26(e)(2)(ii) for the remainder of the fishing
year (December 31) through notification in the Federal Register.
(2) Overage repayment. The Regional Administrator will evaluate
both landings and dead discards in a single year to determine if the
Atlantic chub mackerel ACL specified in Sec. 648.22(b)(5) has been
exceeded. If the Atlantic chub mackerel ACL has been exceeded, then
catch in excess of the Atlantic chub mackerel ACT will be deducted from
the Atlantic chub mackerel ACT as soon as possible in a following year
as a single-year adjustment to the ACT. The Regional Administrator
shall implement any changes to the Atlantic chub mackerel ACT through
notification in the Federal Register in accordance with the
Administrative Procedure Act.
(3) Transiting. Any vessel issued a valid commercial Atlantic
mackerel, Illex squid, longfin squid, or butterfish permit in
accordance with Sec. 648.4 may transit the Atlantic Chub Mackerel
Management Unit with an amount of Atlantic chub mackerel on board that
exceeds the possession limits specified in this section to land in a
port that is within the Atlantic Chub Mackerel Management Unit,
provided that all Atlantic chub mackerel was harvested outside of the
Atlantic Chub Mackerel Management Unit and that all gear is stowed and
not available for immediate use as defined in Sec. 648.2.
* * * * *
0
17. Amend Sec. 648.25 by revising the section heading and
introductory text paragraph (a) to read as follows:
Sec. 648.25 Mackerel, squid, and butterfish framework adjustments to
management measures.
(a) Within season management action. The MAFMC may, at any time,
initiate action to add or adjust management measures within the
Mackerel, Squid, and Butterfish FMP if it finds that action is
necessary to meet or be consistent with the goals and objectives of the
FMP. However, any changes to Atlantic chub mackerel measures contained
in this part 648 must be made through an amendment to the FMP and
cannot be conducted through a framework adjustment.
* * * * *
0
18. Amend Sec. 648.26 by revising paragraphs (a)(1) and (2)(i)(B),
and adding paragraph (e) 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 Atlantic 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).
(i) A vessel issued a Tier 1 limited access Atlantic mackerel
permit is authorized to fish for, possess, or land Atlantic mackerel
with no possession restriction in the EEZ per trip, and may only land
Atlantic mackerel once on any calendar day, which is defined as the 24-
hr period beginning at 0001 hours and ending at 2400 hours, provided
that the fishery has not been closed because 90 percent of the DAH has
been harvested, as specified in Sec. 648.24(b)(1)(i)(A).
(ii) A vessel issued a Tier 2 limited access Atlantic mackerel
permit is authorized to fish for, possess, or land up to 135,000 lb
(61.23 mt) of Atlantic mackerel in the EEZ per trip, and may only land
Atlantic mackerel once on any calendar day, which is defined as the 24-
hr period beginning at 0001 hours and ending at 2400 hours, provided
that the fishery has not been closed because 90 percent of the DAH has
been harvested, as specified in Sec. 648.24(b)(1)(i)(A).
(iii) A vessel issued a Tier 3 limited access Atlantic mackerel
permit is authorized to fish for, possess, or land up to 100,000 lb
(45.36 mt) of Atlantic mackerel in the EEZ per trip, and may only land
Atlantic mackerel once on any calendar day, which is defined as the 24-
hr period beginning at 0001 hours and ending at 2400 hours, provided
that the fishery has not been closed because 90 percent of the DAH has
been harvested, or 90 percent of the Tier 3 landings cap has been
harvested, as specified in Sec. 648.24(b)(1)(i)(A) and (B),
respectively.
(iv) A vessel issued an open access Atlantic mackerel permit may
fish for, possess, or land up to 20,000 lb (9.08 mt) of Atlantic
mackerel in the EEZ per trip, and may only land Atlantic mackerel once
on any calendar day, which is defined as the 24-hr period beginning at
0001 hours and ending at 2400 hours.
(v) Both vessels involved in a pair trawl operation must be issued
a valid Atlantic mackerel permits to fish for, possess, or land
Atlantic mackerel in the EEZ. Both vessels must be issued the Atlantic
mackerel permit appropriate for the amount of Atlantic mackerel jointly
possessed by both of the vessels participating in the pair trawl
operation.
* * * * *
(2) * * *
(i) * * *
(B) During a closure of the Tier 3 commercial Atlantic mackerel
fishery pursuant to Sec. 648.24(b)(1)(i)(B), when 90 percent of the
Tier 3 landings cap 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
[[Page 13617]]
defined as the 24-hr period beginning at 0001 hours and ending at 2400
hours.
* * * * *
(e) Atlantic chub mackerel. A vessel must be issued a valid
Atlantic mackerel, Illex squid, longfin squid, or butterfish permit to
fish for, possess, or land any Atlantic chub mackerel from or in the
Atlantic Chub Mackerel Management Unit within the EEZ per trip. A
vessel not issued a valid Atlantic mackerel, Illex squid, longfin
squid, or butterfish permit in accordance with Sec. 648.4 that is
fishing exclusively in state waters or in the EEZ outside of the
Atlantic Chub Mackerel Management Unit is exempt from the possession
limits specified in this section.
(1) Initial commercial possession limits. A vessel issued a valid
commercial Atlantic mackerel, Illex squid, longfin squid, or butterfish
permit is authorized to fish for, possess, and land an unlimited amount
of Atlantic chub mackerel per trip from the EEZ portion of the Atlantic
Chub Mackerel Management Unit, provided that the fishery has not been
closed, as specified in Sec. 648.24(e)(1).
(2) Commercial fishery closure possession limits. Once the
commercial fishery is closed in accordance with Sec. 648.24(e)(1), the
possession limits specified in this paragraph (e)(2) will apply. A
vessel not issued a Federal commercial Atlantic mackerel, Illex squid,
longfin squid, or butterfish permit in accordance with Sec. 648.4 that
fished exclusively in state waters or a vessel that fished in Federal
waters outside of the Atlantic Chub Mackerel Management Unit that is
transiting the area with gear that is stowed and not available for
immediate use is exempt from the possession limits specified in this
paragraph (e)(2).
(i) When the Regional Administrator projects that 90 percent of the
commercial Atlantic chub mackerel TAL has been landed, a vessel issued
a commercial Atlantic mackerel, Illex squid, longfin squid, or
butterfish permit may not fish for, possess, or land more than 40,000
lb (18.14 mt) of Atlantic chub mackerel at any time per trip in the EEZ
portion of the Atlantic Chub Mackerel Management Unit.
(ii) When the Regional Administrator projects that 100 percent of
the commercial Atlantic chub mackerel TAL has been landed, a vessel
issued a commercial Atlantic mackerel, Illex squid, longfin squid, or
butterfish permit fish for, possess, or land more than 10,000 lb (4.54
mt) of Atlantic chub mackerel at any time per trip in the EEZ portion
of the Atlantic Chub Mackerel Management Unit.
* * * * *
0
19. Amend Sec. 648.80 by revising paragraph (b)(3)(i) and adding
paragraph (c)(5)(iii) to read as follows:
Sec. 648.80 NE Multispecies regulated mesh areas and restrictions on
gear and methods of fishing.
* * * * *
(b) * * *
(3) * * *
(i) Species exemption. Unless otherwise restricted in Sec. 648.86,
owners and operators of vessels subject to the minimum mesh size
restrictions specified in paragraphs (a)(4) and (b)(2) of this section
may fish for, harvest, possess, or land butterfish, dogfish (caught by
trawl only), herring, Atlantic chub mackerel, Atlantic mackerel, ocean
pout, scup, shrimp, squid, summer flounder, silver hake and offshore
hake, and weakfish with nets of a mesh size smaller than the minimum
size specified in the GB and SNE Regulated Mesh Areas when fishing in
the SNE Exemption Area defined in paragraph (b)(10) of this section,
provided such vessels comply with requirements specified in paragraph
(b)(3)(ii) of this section and with the mesh size and possession limit
restrictions specified under Sec. 648.86(d).
* * * * *
(c) * * *
(5) * * *
(iii) Atlantic chub mackerel fishery exemption. Owners and
operators of vessels subject to the minimum mesh size restrictions
specified in paragraphs (b)(2) and (c)(2) of this section may fish for,
harvest, possess, or land Atlantic chub mackerel with nets of a mesh
size smaller than the minimum size specified in the SNE Regulated Mesh
Area when fishing in the MA Exemption Area defined in paragraph
(c)(5)(i) of this section, provided such vessels comply with the
following requirements:
(A) Gear restrictions. A vessel fishing for Atlantic chub mackerel
within the MA Exemption Area must comply with the gear restrictions
specified in Sec. 648.23.
(B) Possession limits. A vessel fishing for Atlantic chub mackerel
within the MA Exemption Area may fish for, possess on board, or land
Atlantic chub mackerel, Atlantic mackerel, butterfish, Illex squid, and
longfin squid up to the amount specified in Sec. 648.26, and other
incidentally caught species up to the amounts specified in paragraph
(b)(3) of this section.
* * * * *
0
20. In part 648, revise the heading of subpart P to read as follows:
Subpart P--Mid-Atlantic Forage Species
0
21. In Sec. 648.350:
0
a. Revise the section heading; and
0
b. Reserve paragraph (b).
The revision reads as follows:
Sec. 648.350 Mid-Atlantic forage species landing limits.
* * * * *
0
22. Amend Sec. 648.351 by revising the sectionheading and paragraphs
(a) through (c) to read as follows:
Sec. 648.351 Mid-Atlantic forage species possession limits.
(a) Mid-Atlantic forage species. Unless otherwise prohibited in
Sec. 648.80, a vessel issued a valid commercial permit in accordance
with Sec. 648.4 may fish for, possess, and land up to 1,700 lb (771.11
kg) of all Mid-Atlantic forage species combined per trip in or from the
EEZ portion of the Mid-Atlantic Forage Species Management Unit, as
defined in paragraph (b) of this section. A vessel not issued a permit
in accordance with Sec. 648.4 that is fishing exclusively in state
waters is exempt from the possession limits specified in this section.
(b) Mid-Atlantic Forage Species Management Unit. The Mid-Atlantic
Forage Species Management Unit is the area of the Atlantic Ocean that
is bounded on the southeast by the outer limit of the U.S. EEZ; bounded
on the south by 35[deg]15.3' N. lat. (the approximate latitude of Cape
Hatteras, NC); bounded on the west and north by the coastline of the
United States; and bounded on the northeast by the following points,
connected in the order listed by straight lines:
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
1............................... 40[deg]59.32' N 73[deg]39.62' W
2............................... 40[deg]59.02' N 73[deg]39.41' W
3............................... 40[deg]57.05' N 73[deg]36.78' W
4............................... 40[deg]57.87' N 73[deg]32.85' W
5............................... 40[deg]59.78' N 73[deg]23.70' W
6............................... 41[deg]1.57' N 73[deg]15.00' W
7............................... 41[deg]3.40' N 73[deg]6.10' W
8............................... 41[deg]4.65' N 73[deg]0.00' W
9............................... 41[deg]6.67' N 72[deg]50.00' W
10.............................. 41[deg]8.69' N 72[deg]40.00' W
11.............................. 41[deg]10.79' N 72[deg]29.45' W
12.............................. 41[deg]12.22' N 72[deg]22.25' W
13.............................. 41[deg]13.57' N 72[deg]15.38' W
14.............................. 41[deg]14.94' N 72[deg]8.35' W
15.............................. 41[deg]15.52' N 72[deg]5.41' W
16.............................. 41[deg]17.43' N 72[deg]1.18' W
17.............................. 41[deg]18.62' N 71[deg]55.80' W
18.............................. 41[deg]18.27' N 71[deg]54.47' W
19.............................. 41[deg]10.31' N 71[deg]46.44' W
20.............................. 41[deg]2.35' N 71[deg]38.43' W
21.............................. 40[deg]54.37' N 71[deg]30.45' W
[[Page 13618]]
22.............................. 40[deg]46.39' N 71[deg]22.51' W
23.............................. 40[deg]38.39' N 71[deg]14.60' W
24.............................. 40[deg]30.39' N 71[deg]6.72' W
25.............................. 40[deg]22.38' N 70[deg]58.87' W
26.............................. 40[deg]14.36' N 70[deg]51.05' W
27.............................. 40[deg]6.33' N 70[deg]43.27' W
28.............................. 39[deg]58.29' N 70[deg]35.51' W
29.............................. 39[deg]50.24' N 70[deg]27.78' W
30.............................. 39[deg]42.18' N 70[deg]20.09' W
31.............................. 39[deg]34.11' N 70[deg]12.42' W
32.............................. 39[deg]26.04' N 70[deg]4.78' W
33.............................. 39[deg]17.96' N 69[deg]57.18' W
34.............................. 39[deg]9.86' N 69[deg]49.6' W
35.............................. 39[deg]1.77' N 69[deg]42.05' W
36.............................. 38[deg]53.66' N 69[deg]34.53' W
37.............................. 38[deg]45.54' N 69[deg]27.03' W
38.............................. 38[deg]37.42' N 69[deg]19.57' W
39.............................. 38[deg]29.29' N 69[deg]12.13' W
40.............................. 38[deg]21.15' N 69[deg]4.73' W
41.............................. 38[deg]13.00' N 68[deg]57.35' W
42.............................. 38[deg]4.84' N 68[deg]49.99' W
43 *............................ 38[deg]2.21' N 68[deg]47.62' W
------------------------------------------------------------------------
* Point 43 falls on the U.S. EEZ.
(c) Transiting. Any vessel issued a valid permit in accordance with
Sec. 648.4 may transit the Mid-Atlantic Forage Species Management
Unit, as defined in paragraph (b) of this section, with an amount of
Mid-Atlantic forage species on board that exceeds the possession limits
specified in paragraph (a) of this section to land in a port in a state
that is outside of the Mid-Atlantic Forage Species Management Unit,
provided that those species were harvested outside of the Mid-Atlantic
Forage Species Management Unit and that all gear is stowed and not
available for immediate use as defined in Sec. 648.2.
* * * * *
0
23. In Sec. 648.352, revise the section heading to read as follows:
Sec. 648.352 Mid-Atlantic forage species framework measures.
* * * * *
[FR Doc. 2020-04301 Filed 3-6-20; 8:45 am]
BILLING CODE 3510-22-P