[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Rules and Regulations]
[Pages 47644-47645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16751]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 220502-0109]
[TID 0648-XC191]


Fisheries of the Northeastern United States; Atlantic Mackerel, 
Squid, and Butterfish Fishery; 2022 Longfin Squid Trimester II Quota 
Harvested

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

ACTION: Temporary rule; reduction of possession limit.

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SUMMARY: Beginning August 5, 2022, and ending August 31, 2022, Federal 
longfin squid vessel permit holders are prohibited from fishing for, 
catching, possessing, transferring, or landing more than 250 lb (113.3 
kg) of longfin squid per trip and landing such squid more than once per 
calendar day. This prohibition is required by regulation because NMFS 
projects that 90 percent of the 2022 annual Trimester II seasonal catch 
limit will have been caught by the effective date. In addition, based 
on this determination, other restrictions regarding catch of longfin 
squid by federally permitted Illex squid vessels and buying longfin 
squid by federally permit dealers go into place. This action is 
intended to prevent overharvest of longfin squid during Trimester II.

DATES: Effective 0001 hr local time, August 5, 2022, through August 31, 
2022.

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

SUPPLEMENTARY INFORMATION: The regulations at 50 CFR part 648 require 
specifications for maximum sustainable yield, initial optimum yield, 
allowable biological catch (ABC), domestic annual harvest (DAH), 
domestic annual processing, joint venture processing, and total 
allowable levels of foreign fishing for the species managed under the 
Mackerel, Squid, and Butterfish Fishery Management Plan (FMP). The 
procedures for setting the annual initial specifications are described 
in Sec.  648.22.
    The 2022 longfin squid Trimester II quota was increased by 50 
percent to account for the underage in the 2022 Trimester I catch. 
Trimester III quota for longfin squid will be available for harvest on 
September 1, 2022.
    The regulations at Sec.  648.24(a)(1) require that when the NMFS 
Administrator of the Greater Atlantic Region (Regional Administrator) 
projects longfin squid catch will reach 90 percent of the Trimester II 
quota designated in the Mackerel, Squid, and Butterfish FMP prior to 
August 15, NMFS must prohibit Federal longfin squid vessel permit 
holders from fishing for, catching, possessing, transferring, or 
landing more than 250 lb (113.3 kg) of longfin squid per trip and 
landing such squid more than once per calendar day for the remainder of 
the prohibition period. This type of prohibition effectively closes the 
directed squid fishery. The Regional Administrator monitors the longfin 
squid fishery catch in each trimester based on dealer reports, state 
data, and other available information. Upon the projection that 90 
percent of a Trimester seasonal quota has been reached, NMFS must 
provide at least 72 hours of advance notice to the public that this 
determination has been made. NMFS also publishes in the Federal 
Register the date that the catch is projected to reach 90 percent of 
the quota, and the prohibitions on catch and landings for the remainder 
of Trimester II. In addition, upon this determination, vessels 
possessing a Tier 1 or 2 Federal Longfin Squid Moratorium permit that 
possesses 10,000 lb (4,536 kg) or more of Illex squid, fishing in the 
Illex Squid Exemption Area, as defined in Table 1 below and at Sec.  
648.23(a)(5), may possess up to 15,000 lb (6,803 kg) of longfin squid 
for a Tier 1 Longfin Squid Moratorium Permit and 5,000 lb (2,268 kg) 
for a Tier 2 Longfin Squid Moratorium Permit. If these vessels do not 
possess 10,000 lb (4.54 mt) of Illex squid, they are restricted to 250 
lb (113.3 kg) of longfin squid. Once landward of the coordinates 
defining the Illex Squid Exemption Area, such vessels must stow all 
fishing gear, and render it not available for immediate use as defined 
in Sec.  648.2, in order to possess more than 250 lb (113.3 kg) of 
longfin squid. Also, federally permitted dealers may not receive 
longfin squid from federally permitted longfin squid vessels that 
harvest more than 250 lb (113.3 kg) of longfin squid through 2400 hr 
local time, August 31, 2022, unless it is from a trip landed by a 
vessel that entered port before 0001 hr on the date of the closure, 
except that they may purchase up to 15,000 lb (6.80 mt) of longfin 
squid from permitted vessels on declared Illex squid trips fishing in 
the Illex Squid Exemption Area.
    The Regional Administrator has determined, based on dealer reports 
and other available information, that the longfin squid fleet will 
catch 90 percent

[[Page 47645]]

of the total longfin squid Trimester II quota for the 2022 seasonal 
period from May 1, 2022, through August 31, 2022, by August 5, 2022. 
Therefore, effective 0001 hr local time, August 5, 2022, federally 
permitted vessels may not fish for, catch, possess, transfer, or land 
more than 250 lb (113.3 kg) of longfin squid per trip and land such 
squid more than once per calendar day. In addition, vessels that have 
entered port before 0001 hr on August 5, 2022, may offload and sell 
more than 250 lb (113.3 kg) of longfin squid from that trip. Vessels 
possessing a Federal Tier 1 or 2 Longfin Squid Moratorium permit on 
directed Illex squid fishing trips (i.e., possess over 10,000 lb (4.54 
mt) of Illex) that are fishing in the Illex Squid Exemption Area, as 
defined in Table 1 below and at Sec.  648.23(a)(5), may possess only up 
to 15,000 lb (6,803 kg) of longfin squid for a Tier 1 Longfin Squid 
Moratorium Permit and 5,000 lb (2,268 kg) for a Tier 2 Longfin Squid 
Moratorium Permit. Once landward of the coordinates defining the Illex 
Squid Exemption Area, such vessels must stow all fishing gear, and 
render it not available for immediate use as defined in Sec.  648.2, in 
order to possess more than 250 lb (113.3 kg) of longfin squid. Also, 
federally permitted dealers may not receive longfin squid from 
federally permitted longfin squid vessels that harvest more than 250 lb 
(113.3 kg) of longfin squid through 2400 hr local time, August 31, 
2022, unless it is from a trip landed by a vessel that entered port 
before 0001 hr on August 5, 2022, except that they may purchase up to 
15,000 lb (6.80 mt) of longfin squid from permitted vessels on declared 
Illex squid trips fishing in the Illex Squid Exemption Area.

             Table 1--Illex Squid Exemption Area Coordinates
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           North latitude                      West  longitude
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43[deg]58.0'                         67[deg]22.0'
43[deg]50.0'                         68[deg]35.0'
43[deg]30.0'                         69[deg]40.0'
43[deg]20.0'                         70[deg]00.0'
42[deg]45.0'                         70[deg]10.0'
42[deg]13.0'                         69[deg]55.0'
41[deg]00.0'                         69[deg]00.0'
41[deg]45.0'                         68[deg]15.0'
42[deg]10.0'                         67[deg]10.0'
41[deg]18.6'                         66[deg]24.8'
40[deg]55.5'                         66[deg]38.0'
40[deg]45.5'                         68[deg]00.0'
40[deg]37.0'                         68[deg]00.0'
40[deg]30.0'                         69[deg]00.0'
40[deg]22.7'                         69[deg]00.0'
40[deg]18.7'                         69[deg]40.0'
40[deg]21.0'                         71[deg]03.0'
39[deg]41.0'                         72[deg]32.0'
38[deg]47.0'                         73[deg]11.0'
38[deg]04.0'                         74[deg]06.0'
37[deg]08.0'                         74[deg]46.0'
36[deg]00.0'                         74[deg]52.0'
35[deg]45.0'                         74[deg]53.0'
35[deg]28.0'                         74[deg]52.0'
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Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    NMFS finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive prior 
notice and the opportunity for public comment because it would be 
contrary to the public interest and impracticable. The longfin squid 
Trimester II fishery opened for the 2022 fishing year on May 1, 2022. 
Data and other information indicating the longfin squid fleet will have 
landed at least 90 percent of the 2022 Trimester II quota have only 
recently become available. Landings data is updated on a weekly basis, 
and NMFS monitors catch data on a daily basis as catch increases toward 
the limit. Further, high-volume catch and landings in this fishery 
increases total catch relative to the quota quickly. The regulations at 
Sec.  648.24(a)(1) require such action to ensure that longfin squid 
vessels do not exceed the 2022 Trimester II quota. If implementation of 
this action is delayed to solicit prior public comment, the quota for 
this Trimester II may be exceeded, thereby undermining the conservation 
objectives of the FMP. If quotas are exceeded, the excess must also be 
deducted from a future Trimester and would reduce future fishing 
opportunities. Also, the public had prior notice and full opportunity 
to comment on this process when these provisions were put in place. 
Based on these considerations, NMFS further finds, pursuant to 5 U.S.C. 
553(d)(3), good cause to waive the 30-day delayed effectiveness period 
for the reasons stated above.

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

    Dated: August 1, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-16751 Filed 8-1-22; 4:15 pm]
BILLING CODE 3510-22-P