[Federal Register Volume 87, Number 205 (Tuesday, October 25, 2022)]
[Proposed Rules]
[Pages 64430-64431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23104]



[[Page 64430]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[RTID 0648-BL75]


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Amendment 23 
to the Mackerel, Squid, and Butterfish Fishery Management Plan

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

ACTION: Announcement of the availability of a proposed fishery 
management plan amendment; request for comments.

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

SUMMARY: NMFS announces that the Mid-Atlantic Fishery Management 
Council submitted Amendment 23 to the Mackerel, Squid, and Butterfish 
Fishery Management Plan to the Secretary of Commerce for review and 
approval. We are requesting comments from the public on this amendment 
in accordance with the Magnuson-Stevens Fishery Conservation and 
Management Act. This amendment would implement a revised Atlantic 
mackerel rebuilding plan and the 2023 Atlantic mackerel specifications, 
including a 20-fish per person recreational possession limit. The 
purpose of this action is to rebuild the mackerel stock with 
appropriate measures so that optimum yield can be achieved on an 
ongoing basis.

DATES: Comments must be received on or before December 27, 2022.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2022-0098, by the following method:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov 
and enter NOAA-NMFS-2022-0098 in the Search box. Click the ``Comment'' 
icon, complete the required fields, and enter or attach your comments.
    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).
    The Mid-Atlantic Council prepared an environmental assessment (EA) 
for Amendment 23 that describes the proposed action and provides an 
analysis of the impacts of the proposed measures and other alternatives 
considered. Copies of Amendment 23, 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.

FOR FURTHER INFORMATION CONTACT: Carly Bari, Fishery Policy Analyst, 
978-281-9150.

SUPPLEMENTARY INFORMATION:

Background

    Atlantic mackerel recruitment has been declining since 1999 and has 
been below the long-term average since 2009. On November 29, 2019 (84 
FR 58053), NMFS implemented a 5-year Atlantic mackerel rebuilding plan. 
At its July 2021 meeting, the Mid-Atlantic Fishery Management Council's 
Scientific and Statistical Committee (SSC) reviewed the 2021 Atlantic 
mackerel management track assessment results, which concluded that 
Atlantic mackerel remains overfished and overfishing is occurring. This 
management track assessment also determined that due to previous 
assumptions about potential recruitment that did not come to fruition, 
the original rebuilding plan no longer provides a realistic rebuilding 
approach. Stock biomass is estimated to have nearly tripled in size 
from 2014 to 2019 (from approximately 8 percent to 24 percent of a 
fully rebuilt Atlantic mackerel stock), but full rebuilding on the 
original schedule by 2023 now appears impossible; the stock is expected 
to be less than half rebuilt by 2023.
    Amendment 23 is intended to implement a revised Atlantic mackerel 
rebuilding plan to fully rebuild the stock within 10 years (i.e., 2032) 
and prevent overfishing by incorporating the findings from the 2021 
Atlantic mackerel management track assessment. The proposed rebuilding 
plan assumes that recruitment starts low (similar to recruitment from 
2009 to present) and then increases toward long-term typical 
recruitment as the stock rebuilds. This plan also assumes a fishing 
mortality rate of 0.12, which is predicted to have a 61 percent 
probability of rebuilding the Atlantic mackerel stock in 10 years. This 
action would set the overall rebuilding plan and the acceptable 
biological catch (ABC) for 2023 of 8,094 mt (metric tons). This 
rebuilding plan would also project the ABCs for the following years, 
but the ABC will be revisited each year during future specification 
setting.
    Additionally, Amendment 23 proposes the 2023 Atlantic mackerel 
specifications and following measures, which are outlined in further 
detail in the EA prepared for this action (see ADDRESSES):
     An ABC deduction of 2,197 mt to account for Canadian catch 
of the Atlantic mackerel stock;
     An ABC deduction of 2,143 mt to account for recreational 
catch;
     An estimated ABC deduction of 115 mt to account for 
commercial discards;
     A revised commercial fishery closure approach where before 
May 1, the directed commercial fishery would close with 886 mt of the 
quota remaining, and after May 1, the directed commercial fishery would 
close with 443 mt of the quota remaining which would result in reduced 
trip limits of 40,000 lb (18.14 mt) for Tier 1, 2, and 3 moratorium 
permits and 5,000 lb (2.27 mt) for open access permits;
     A final directed commercial fishery closure when 100 mt of 
the quota remains which would result in a reduced possession limit of 
5,000 lb (2.27 mt) for all permits;
     A 20-fish per person recreational possession limit; and
     A status quo river herring and shad catch cap of 129 mt.
    In accordance with section 304(a)(1) of the Magnuson-Stevens Act, 
we are soliciting public comments on Amendment 23 to the Mackerel, 
Squid, and Butterfish FMP and its incorporated documents through the 
end of the comment period specified in the DATES section of this notice 
of availability (NOA). Under this provision of the Magnuson-Stevens Act 
(section 304(a)(3)), the Secretary may approve, partially approve, or 
disapprove the amendment as submitted by the Council based 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. As such, we are seeking comment on whether 
measures in Amendment 23 to the Mackerel, Squid, and Butterfish FMP are 
consistent with the Mackerel, Squid,

[[Page 64431]]

and Butterfish FMP, the Magnuson-Stevens Act and its National 
Standards, and other applicable law. All comments received by the end 
of the comment period of the NOA will be considered in the approval/
disapproval decision on the amendment. Comments received after the end 
of the comment period for the NOA will not be considered in the 
approval/disapproval decision.
    A proposed rule to implement the amendment, including draft 
regulatory text, will also be published in the Federal Register for 
public comment. Public comments on the proposed rule received before 
the end of the comment period provided in this NOA will be considered 
in the approval/disapproval decision on the amendment. All comments 
received by December 27, 2022, whether specifically directed to 
Amendment 23 to the Mackerel, Squid, and Butterfish FMP or the proposed 
rule for this amendment, will be considered in the approval/disapproval 
decision on the amendment. Comments received after that date will not 
be considered in the decision to approve or disapprove the amendment. 
To be considered, comments must be received by close of business on the 
last day of the comment period.

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

    Dated: October 19, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-23104 Filed 10-24-22; 8:45 am]
BILLING CODE 3510-22-P