[Federal Register Volume 87, Number 152 (Tuesday, August 9, 2022)]
[Rules and Regulations]
[Pages 48447-48449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16993]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 220803-0169]
RIN 0648-BL57


Fisheries of the Northeastern United States; Illex Squid Fishery; 
Revised 2022 Specifications

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

ACTION: Final rule.

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SUMMARY: NMFS is increasing the specifications for the 2022 Illex squid 
fishery. This rule is required to ensure that the 2022 specifications 
are based on the best scientific information available. This rule is 
also intended to inform the public of the changes to the specifications 
for the remainder of the 2022 fishing year.

DATES: Effective August 9, 2022, through December 31, 2022.

ADDRESSES: Copies of the revised specifications, including the 
Supplemental Information Report, and other 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: Carly Bari, Fishery Policy Analyst, 
(978) 281-9150.

SUPPLEMENTARY INFORMATION: 

Background

    The Mid-Atlantic Fishery Management Council manages the Illex squid 
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 during the fishing year.
    At its March 2022 meeting, the Council's SSC reviewed preliminary 
work by its Illex Squid Working Group and concluded that the species 
continues to be lightly exploited and the fishery footprint is small 
relative to the entire management unit. The SSC recommended increasing 
the 2022 ABC from 33,000 mt to 40,000 mt. The Council recommended this 
specification adjustment at its April 2022 meeting and requested that 
NMFS use its in-season authority to increase the 2022 ABC and also 
adjust the closure threshold from 94 percent to 96 percent. The Council 
recommended a 96-percent closure threshold given improved reporting 
appears to have enabled NMFS to more effectively monitor the fishery in 
recent years and take action to close the fishery when necessary 
without overages, and it is expected that the smaller closure threshold 
should still avoid exceeding the ABC.
    On May 10, 2022, we published Illex squid specifications for 2022 
(87 FR 27952), and the National Environmental Policy Act (NEPA) 
analysis for that rule considered a range of ABCs from 18,000-40,000 
mt. The final rule adopted an ABC of 33,000 mt for 2022. The revised 
specifications implemented by this final rule increase the 2022 Illex 
squid ABC to 40,000 mt, which was included and analyzed during the 
development of the original 2022 specifications.

Revised Specifications

    We are implementing the revised 2022 specifications recommended by 
the Council and its SSC. The Council recommended that the status quo 
discard rate of 4.61 percent be reduced from the ABC, which results in 
a DAH amount of 38,156 mt for 2022 that would be maintained for the 
2022 fishing year. These revised specifications will increase the 2022 
commercial quota by implementing a 38,156-mt domestic annual harvest 
(DAH), an increase of 21 percent. Table 1 summarizes the recommended 
changes to the revised 2022 Illex squid specifications. Additionally, 
the Illex fishery closure threshold will change from 94 percent to 96 
percent.

         Table 1--2022 Illex Squid Specifications in Metric Tons
                                  [mt]
------------------------------------------------------------------------
                                         Current            Modified
------------------------------------------------------------------------
OFL...............................  Unknown..........  Unknown.
ABC...............................  33,000...........  40,000.
Initial Optimum Yield.............  31,478...........  38,156.
DAH...............................  31,478...........  38,156.
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Regulatory Clarifications

    This action also includes corrections to existing regulations to 
correct the title of the Regional Administrator in the Tier 1 longfin 
squid vessel permit regulations, and to remove an outdated requirement 
for chub mackerel that expired on December 31, 2020, from the

[[Page 48448]]

vessel trip report regulations. These corrections are being implemented 
under the authority of section 305(d) of the Magnuson-Stevens Act.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this final rule is 
consistent with the MSB FMP, the national standards and other 
provisions of the Magnuson-Stevens Act, and other applicable law.
    Pursuant to section 6 Executive Order 12866, the Office of 
Management and Budget has determined that this rule is not significant.
    This final rule does not duplicate, conflict, or overlap with any 
existing Federal rules.
    This final rule is exempt from the procedures of the Regulatory 
Flexibility Act because the rule is issued without opportunity for 
prior notice and opportunity for public comment.
    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.
    The Assistant Administrator for Fisheries, NOAA, finds it is 
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). Additionally, 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 rule. This action increases the 2022 specifications 
(i.e., annual catch limits) for the Illex squid fishery based on new 
information, which is authorized pursuant to our regulatory in-season 
authority at 50 CFR 648.22(e). Implementing a 40,000-mt ABC was 
anticipated during development and implementation of the original 
specifications action (87 FR 27952, May 10, 2022), as well as at the 
April 2022 Council meeting. Where the public has had an opportunity to 
review, and comment on, a range of specifications that included the 
amount considered in this action, a delay in its effectiveness from 
prior notice and comment would not serve any legitimate purpose, while 
unnecessarily disadvantaging fishermen who wish to take advantage of 
the fishing opportunity that this action provides with increased 
quotas. A delay would be contrary to the public interest for this loss 
of potential economic opportunity, and it could also create confusion 
in the Illex squid fishery. This rule is being issued at the earliest 
possible date where we only received the Council's Supplemental 
Information Report for this action on June 24, 2022. The revised 
specifications increase the quota and allow this predominantly summer 
fishery to benefit from the quota increase and achieve optimal yield. 
This rule should be effective as soon as possible to fully realize the 
intended benefits to the fishery.
    Furthermore, requiring a 30-day delay before this rule becomes 
effective does not provide any benefit to the regulated parties or the 
public. Unlike actions that require an adjustment period to comply with 
new rules, Illex squid fishery participants will not be required to 
purchase new equipment or otherwise expend time or money to comply with 
these management measures. Rather, complying with this rule simply 
means adhering to the higher (less restrictive) catch limits set for 
the remainder of the Illex squid fishing year. A 30-day delay could 
result in the fishery reaching the current lower harvest limit before 
the new higher limits become effective. This would trigger a disruptive 
closure, followed by a reopening of the fishery after the 30-days pass 
to allow the fishery to reach the new, higher limit, which would result 
in an inefficient, costly burden on the fishery, particularly with the 
current high price of fuel, with no apparent environmental or economic 
benefit. Fishery stakeholders have been involved in the development of 
this action and are anticipating this rule. Therefore, there would be 
no added benefit to delaying the implementation of these 
specifications. For these reasons, a 30-day delay in effectiveness 
would be contrary to the public interest. As a result, we are waiving 
the requirement.
    Therefore, the Assistant Administrator finds good cause under 5 
U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness and these 
specifications shall be made effective on August 9, 2022.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Fishery closures and accountability measures.

    Dated: August 3, 2022.
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 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.  648.4, revise paragraph (a)(5)(i)(A)(1) to read as follows:


Sec.  648.4  Vessel permits.

    (a) * * *
    (5) * * *
    (A) * * *
    (1) Tier 1 longfin squid moratorium permit. Beginning in February 
2019, the Regional Administrator shall automatically issue a Tier 1 
longfin squid moratorium permit to any vessel that is issued a longfin 
squid/butterfish moratorium permit or eligible to be issued such a 
permit held in confirmation of permit history (CPH) during calendar 
year 2018 that meets the eligibility criteria in this paragraph 
(a)(5)(i)(A)(1). To be eligible for a Tier 1 permit, a vessel must have 
been issued a valid longfin squid/butterfish moratorium permit and 
landed more than 10,000 lb (4,536 kg) of longfin squid in at least one 
calendar year between January 1, 1997, and December 31, 2013. Fishing 
history, including for a permit held in confirmation of permit history, 
can be used by a vessel to qualify for and be issued a tier 1 longfin 
squid moratorium permit, provided the Regional Administrator has 
determined that the fishing and permit history of such vessel has been 
lawfully retained by the applicant. Landings data used in this 
qualification must be verified by dealer reports submitted to NMFS. A 
vessel that was not automatically issued a Tier 1 longfin squid 
moratorium permit may apply for such a permit in accordance with 
paragraph (a)(5)(i)(B) of this section.
* * * * *

0
3. In Sec.  648.7, revise paragraph (b)(1) introductory text to read as 
follows:


Sec.  648.7   Recordkeeping and reporting requirements.

* * * * *
    (b) * * * (1) Fishing Vessel Trip Reports. The owner or operator of 
any vessel issued a valid permit, or eligible to renew a limited access 
permit under this part must maintain on board the vessel, and submit, 
and accurate fishing log report for each fishing trip, regardless of 
species fished for or taken, by electronic means. This report must be 
entered into and submitted through a software application approved by 
NMFS.
* * * * *

0
4. In Sec.  648.24, revise paragraph (a)(2) to read as follows:


Sec.  648.24   Fishery closures and accountability measures.

    (a) * * *
    (2) Illex. NMFS shall close the directed Illex fishery in the EEZ 
when

[[Page 48449]]

the Regional Administrator projects that 96 percent of the Illex DAH is 
harvested. The closure of the directed fishery shall be in effect for 
the remainder of that fishing period, with incidental catches allowed 
as specified at Sec.  648.26.
* * * * *
[FR Doc. 2022-16993 Filed 8-8-22; 8:45 am]
BILLING CODE 3510-22-P