[Federal Register Volume 86, Number 197 (Friday, October 15, 2021)]
[Rules and Regulations]
[Pages 57376-57377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22458]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 210716-0148; RTID 0648-XB394]


Fisheries of the Northeastern United States; Atlantic Mackerel; 
Incidental Possession Limit Implemented for the Remainder of 2021

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule.

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SUMMARY: NMFS is implementing a catch limit of 5,000 lb (2,268 kg) for 
all Atlantic mackerel permit holders for the remainder of the 2021 
fishing year. This action is intended to reduce potential Atlantic 
mackerel overfishing based on new 2021 assessment findings.

DATES: Effective October 15, 2021, through December 31, 2021.

ADDRESSES: The supporting documents for the action are available upon 
request from Dr. Christopher M. Moore, Executive Director, Mid-Atlantic 
Fishery Management Council, Suite 201, 800 N State Street, Dover, DE 
19901. These documents are also accessible via the internet at http://www.mafmc.org.

FOR FURTHER INFORMATION CONTACT: Aly Pitts, Fishery Management 
Specialist, (978) 281-9352.

SUPPLEMENTARY INFORMATION:

Background

    The Mid-Atlantic Fishery Management Council manages the Atlantic 
mackerel fishery under the Mackerel, Squid, and Butterfish (MSB) 
Fishery Management Plan (FMP). Section 302(g)(1)(B) of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) 
states that the Scientific and Statistical Committee (SSC) for each 
regional fishery management council shall provide its Council ongoing 
scientific advice for fishery management decisions, including 
recommendations for acceptable biological catch (ABC), preventing 
overfishing, ensuring maximum sustainable yield, and achieving 
rebuilding targets. The ABC is a level of catch that accounts for the 
scientific uncertainty in the estimate of the stock's defined 
overfishing level (OFL). The regulations implementing the MSB FMP 
require the Council's MSB Monitoring Committee to develop specification 
recommendations for each species based upon the ABC advice of the 
Council's SSC. The regulations at 50 CFR 648.22(e) allow the Regional 
Administrator, in consultation with the Council, to adjust 
specifications, including possession limits, during the fishing year.
    At its July 2021 meeting, the Council's SSC reviewed the 2021 
management track assessment results, which concluded that Atlantic 
mackerel remains overfished and overfishing is occurring. To date, the 
U.S. commercial fishery has landed over 5,200 mt of Atlantic mackerel 
during 2021. Combined with an estimated 4,000 mt of Canadian catch and 
another 2,500-3,500 mt of U.S. recreational catch, total Atlantic 
mackerel catch in 2021 will likely exceed the updated OFL estimate of 
11,622 mt from the June 2021 management track assessment. Based on this 
information, the SSC recommended that measures be implemented to 
eliminate or minimize additional catch during the current year to 
reduce the potential biological impacts of 2021 catch levels. We do not 
expect catch to exceed the OFL for the remainder of the year under the 
5,000 lb (2,268 kg) possession limit. The Council requested that NOAA 
Fisheries take action to reduce potential mackerel harvest in 2021 at 
its August 2021 meeting.

Atlantic Mackerel Possession Limit for 2021

    This rule implements a possession limit of 5,000 lb (2,268 kg) for 
the remainder of the 2021 fishing year for all federally permitted 
Atlantic mackerel vessels. The regulations currently require that when 
100 percent of the Atlantic mackerel domestic annual harvest (DAH) is 
projected to be landed, the Regional Administrator will reduce the 
possession limit to 5,000 lb (2,268 kg) for both limited access and 
open access permit holders. This possession limit allows bycatch of 
Atlantic mackerel while not exceeding the ABC. This action does not 
make changes to any other current commercial management measures.
    On October 7, 2021, we determined that under the National 
Environmental Policy Act (NEPA) this action is categorically excluded 
from requirements to prepare either an Environmental Impact Statement 
or an Environmental Assessment under NEPA.
    The changes to the Atlantic mackerel possession limits included in 
this action were analyzed during the development of Framework 13 
(October 30, 2019, 84 FR 58053). A 5,000 lb (2,268 kg) possession limit 
was included in the range of alternatives. The public had an 
opportunity to comment on the 5,000 lb (2,268 kg) possession limit 
during the development of the Framework 13. The

[[Page 57377]]

public also had the opportunity to participate in the SSC and Council 
meetings discussing the current Atlantic mackerel stock status 
determination and, at the Council meeting, the request for action to 
reduce mackerel harvest in 2021. These revised possession limits reduce 
potential mackerel harvest in 2021 in order to minimize fishing impacts 
on the stock while the Council develops a revised rebuilding plan.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR part 648, which was 
issued pursuant to section 304(b), and is exempt from review under 
Executive Order 12866.
    NMFS finds good cause pursuant to 5 U.S.C. 553(b)(B) and 5 U.S.C. 
553(d)(3) to waive prior notice and the opportunity for public comment 
and the delayed effectiveness because it would be contrary to the 
public interest and impracticable. This action reduces the Atlantic 
mackerel possession limit based on new assessment information that only 
recently became available. This adjustment is allowed pursuant to NMFS 
regulatory in-season authority at 50 CFR 648.22(e). A delay would be 
contrary to the public interest for the Atlantic mackerel fishery. This 
rule is being issued at the earliest possible date. The revised 
management measures would potentially reduce impacts of overfishing on 
the Atlantic mackerel fishery while a revised rebuilding plan is 
developed. Action to reduce Atlantic mackerel harvest in 2021 was 
discussed during the SSC review of the latest Atlantic mackerel stock 
assessment, as well as at the August 2021 Council meeting where a 
request was made for NMFS to take emergency action to reduce mackerel 
harvest while a rebuilding plan is developed. Fishery stakeholders had 
the opportunity to participate and comment on a potential adjustment to 
the 2021 measures at these meetings and are anticipating action to 
reduce mackerel harvest in 2021. This rule should be effective as soon 
as possible to fully realize the intended benefits to the resource. 
Where the public has had an opportunity to review the development of 
the Council motion to reduce Atlantic mackerel catch for the remainder 
of 2021 based on the best available science (the purpose of this 
action), a delay in its effectiveness would not provide any benefits 
that would outweigh the need to implement this adjustment as quickly as 
possible. Failure to implement this action as quickly as possible could 
result in additional 2021 catch that could have potential negative 
biological impacts, as well as the potential to result in lower catch 
limits in the future than would otherwise be required by the new 
rebuilding plan.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: October 8, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-22458 Filed 10-14-21; 8:45 am]
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