[Federal Register Volume 87, Number 128 (Wednesday, July 6, 2022)]
[Rules and Regulations]
[Pages 40139-40140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14181]



[[Page 40139]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

RIN 0648-BL05


Fisheries of the Northeastern United States; Atlantic Mackerel; 
2022 Interim Action Extension

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

ACTION: Temporary rule; interim measures extended.

-----------------------------------------------------------------------

SUMMARY: This temporary rule extends the interim specifications for the 
2022 fishing year to address new assessment information regarding the 
status of the Atlantic mackerel stock. This action continues to reduce 
potential Atlantic mackerel overfishing based on new 2021 assessment 
findings while a revised rebuilding plan is being developed.

DATES: The expiration date of the temporary rule published January 12, 
2022 (87 FR 1700), is extended to Friday, January 13, 2023.

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 https://www.mafmc.org.

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

SUPPLEMENTARY INFORMATION:

Background

    The Mid-Atlantic Fishery Management Council (Council) manages the 
Atlantic mackerel fishery under the Mackerel, Squid, and Butterfish 
(MSB) Fishery Management Plan (FMP). Section 305(c) of the Magnuson-
Stevens Act allows the Secretary to implement interim measures to 
reduce or address overfishing. In situations such as this, in which the 
Mid-Atlantic Council is finalizing a new rebuilding plan, section 
304(e)(6) allows the Council to request the Secretary to implement 
interim measures to reduce overfishing, even if such measures are not 
sufficient themselves to stop overfishing, until such measures can be 
replaced by the rebuilding plan. As further described below, NMFS 
implements this action to extend the interim rule that adjusts the 
domestic annual harvest (DAH, or commercial quota) from the previously 
implemented amount of 17,312 metric tons (mt) to 4,963 mt in order to 
minimize overfishing while the Council's revised rebuilding plan can be 
implemented (87 FR 1700; January 12, 2022). The initial interim rule 
for this action included additional background on specifications and 
the details of how the Council derived its recommended specifications 
for Atlantic mackerel. Those details are not repeated here. For 
additional information, please refer to the initial interim rule for 
this action.

Interim Atlantic Mackerel Specifications for 2022

    Based on the recommendations of the Scientific and Statistical 
Committee (SSC), the MSB Monitoring Committee, and the Council, this 
action sets the 2022 Atlantic mackerel specifications, specifically the 
DAH to 4,963 mt. These specifications also maintain the 129-mt river 
herring and shad catch cap for 2022. There is an Atlantic mackerel 
stock assessment update scheduled for 2022 that will inform future 
specifications.
    The initial temporary rule has an effective period limited by the 
Magnuson-Stevens Act to 180 days, with a potential extension of an 
additional 186 days. The Council has approved a revised rebuilding 
plan, which it intends to be implemented by January 1, 2023. However, 
the expected rulemaking implementing the rebuilding plan will not be in 
place before the expiration of the initial interim rule, on July 11, 
2022. Therefore, we are extending the interim measures for 186 days to 
ensure the revised 2022 specifications remain in place for the full 
2022 fishing year.

Justification for Extended Interim Measures

    Section 305(c) of the Magnuson-Stevens Act (16 U.S.C. 1855(c) 
authorizes the Secretary of Commerce to implement interim measures to 
address overfishing. This action meets the 305(c) requirements for 
interim measures because it is necessary to minimize overfishing on the 
Atlantic mackerel stock that remains overfished while the Council 
develops a new rebuilding program for the stock.
    While some changes resulting from the 2021 stock assessment were 
expected, the magnitude of the shift in the perception of stock status 
necessitating changes to the catch limits was not, and could not have 
been, foreseen. The assessment results only recently became available, 
after the Council took final action on, and we implemented, the 2022 
specifications. Based on this new information, and only two years after 
the implementation of the original rebuilding program for mackerel, the 
Council needed to develop a new rebuilding plan to incorporate the most 
recent scientific information. However, given that the new information 
only recently became available, the Council could not complete an 
action to develop a new rebuilding plan and adjust specifications in 
time for the 2022 fishing year. Because of unforeseen specification 
adjustments necessary to address the recent stock assessment, the 
Council requested that NMFS take action to reduce potential additional 
Atlantic mackerel harvest in 2022 via a reduction in the commercial 
quota while the Council developed a new Atlantic mackerel rebuilding 
plan for 2023. If this temporary rule is not implemented by July 11, 
2022, the 2022 specifications will revert to those previously 
implemented based on information that does not include the most recent 
2021 assessment results. Delayed implementation of these measures 
increases the risk and magnitude of overfishing for 2022 by allowing 
the original 17,312 mt commercial catch rather than 4,963 mt, 
implemented by the initial interim rule.
    Extending these interim measures minimizes overfishing in the 
Atlantic mackerel fishery and additional negative impacts to the 
already overfished fishery resource, as well as ensures mackerel 
specifications are based on the best scientific information available. 
Therefore, avoiding the serious conservation and management problem of 
subjecting the overfished Atlantic mackerel stock to continued 
overfishing conditions due to previously unforeseen circumstances 
justifies these interim measures, and outweighs the benefit of advance 
notice and comment.

Renewal of Interim Regulations

    The Magnuson-Stevens Act limits NMFS' authority to implement 
interim measures for an initial period of 180 days, with a potential 
extension up to an additional 186 days, if warranted. The public had an 
opportunity to comment on the specification measures in this temporary 
rule upon issuance of the initial interim rule, and we did not receive 
any comments in response to the public notice on the initial interim 
rule. In accordance with Magnuson-Stevens Act section 305(c)(3)(B), 
NMFS is extending the interim measures for one additional period of not 
more than 186 days to maintain the interim measures until permanent 
rulemaking can be implemented.

[[Page 40140]]

Classification

    NMFS issues this action pursuant to section 305(c) of the Magnuson-
Stevens Act. This action is required by 50 CFR part 648, which was 
issued pursuant to section 304(b).
    The Assistant Administrator for Fisheries, NOAA, finds that it 
would be unnecessary and contrary to the public interest to provide for 
prior notice and an opportunity for public comment, pursuant to 5 
U.S.C. 553(b)(B). We implemented an interim rule on January 7, 2022, 
effective through July 11, 2022, that set Atlantic mackerel commercial 
harvest levels for 2022 that would maintain total catch similar to 2021 
levels. This action would extend the interim measures to reduce catch 
rates to ensure 2022 catch does not exceed harvest levels to minimize 
overfishing. This rule would maintain the commercial DAH of 4,963 mt to 
maintain total 2022 harvest levels and incorporate new estimates of 
Canadian landings and U.S. recreational harvest. Harvest levels have 
been well below the DAH in recent years, and based on recent fishery 
operations and trends, this action is not expected to substantially 
change overall effort or harvest levels.
    This action is being implemented pursuant to section 305(c) of the 
Magnuson-Stevens Act in order to minimize overfishing while the Council 
responds to the new, updated information. These provisions of the 
Magnuson-Stevens Act anticipate that interim provisions like these can 
be extended by publication in the Federal Register if the public had 
been provided an opportunity to comment on the original measures. A 
delay would be contrary to the public interest for the Atlantic 
mackerel fishery. Implementing a reduced DAH for fishing year 2022 was 
anticipated and discussed during development and implementation of the 
original specifications action (86 FR 38586, June 22, 2021), as well as 
at the August and October 2021 Council meetings. Fishery stakeholders 
are anticipating action to reduce mackerel harvest for the entirety of 
2022, and they were provided the opportunity to comment on this in 
response to the public notice for the original interim rule.
    Where the public has had an opportunity to review the development 
of the Council action to reduce Atlantic mackerel catch for 2022 based 
on the best available science (the purpose of this action), as well as 
the original interim rule, the value of a delay in its effectiveness 
would be outweighed by the need to implement this adjustment as quickly 
as possible. Failure to implement this action as quickly as possible 
for the remainder of the 2022 fishing year could result in 2022 catch 
that could have potential negative biological impacts, as well as the 
potential to hinder the efficacy of the Council's new rebuilding plan, 
which presumed the interim measures would apply to the entirety of 
2022. Given the high-volume nature of the fishery and the reduced DAH, 
there is a risk that the fishery will exceed the DAH if there is a 
lapse of the interim rule. A delay would be contrary to the public 
interest while we take action to implement the Council's new rebuilding 
plan for this species. For the same reasons, the Assistant 
Administrator finds good cause under 5 U.S.C. 553(d)(3) to waive the 
30-day delay of effectiveness period for this. This rule should be 
effective as close to and not after, July 11, 2022, as possible, to 
fully realize the intended benefits to this high-volume fishery.
    This action is being taken pursuant to the 305(c) emergency action 
and interim measures provision of the Magnuson-Stevens Act and is 
exempt from Office of Management and Budget (OMB) review.
    This temporary rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This rule does not duplicate, conflict, or overlap with any 
existing Federal rules.
    This action would not establish any new reporting or recordkeeping 
requirements.
    This interim rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

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

    Dated: June 28, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2022-14181 Filed 7-5-22; 8:45 am]
BILLING CODE 3510-22-P