[Federal Register Volume 88, Number 21 (Wednesday, February 1, 2023)]
[Rules and Regulations]
[Pages 6665-6671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01959]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 230126-0026]
RIN 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: Final rule.

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SUMMARY: This action implements approved measures for Amendment 23 to 
the Mackerel, Squid, and Butterfish Fishery Management Plan. Amendment 
23 was developed by the Mid-Atlantic Fishery Management Council to 
establish a revised Atlantic mackerel rebuilding plan, set the 2023 
Atlantic mackerel specifications including a river herring and shad 
catch cap for the Atlantic mackerel fishery, establish a recreational 
possession limit, and modify in-season closure measures. This action is 
necessary to prevent overfishing and rebuild the Atlantic mackerel 
stock based on a 2021 management track assessment that found that 
Atlantic mackerel stock remains overfished and overfishing is 
occurring. Amendment 23 is intended to ensure that Atlantic mackerel 
are sustainably managed to achieve optimum yield on a continuing basis. 
Additionally, this action approves the updated management goals and 
objectives of the Mackerel, Squid, and Butterfish Fishery Management 
Plan with the purpose of ensuring that management continues to reflect 
and address the current needs and condition of the mackerel, squid, and 
butterfish fisheries.

DATES: Effective February 1, 2023.

[[Page 6666]]


ADDRESSES: Copies of Amendment 23, including the Environmental 
Assessment, the Regulatory Impact Review, and the Regulatory 
Flexibility Act Analysis (EA/RIR/RFAA) prepared in support of this 
action are available from Dr. Christopher M. Moore, Executive Director, 
Mid-Atlantic Fishery Management Council, Suite 201, 800 North State 
Street, Dover, DE 19901. The supporting documents are also accessible 
via the internet at: https://www.mafmc.org/s/Mackerel-Rebuilding-2_2023-01-10.pdf.
    NMFS also prepared a Categorical Exclusion (CE) for this action in 
compliance with the National Environmental Policy Act, detailing why 
part of this action is administrative in nature and may be 
categorically excluded from requirements to prepare either an 
Environmental Impact Statement or EA. Copies of the CE for this action 
are available upon request from NMFS.

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

SUPPLEMENTARY INFORMATION: 

Background

    The Atlantic mackerel fishery is managed under the Mackerel, Squid, 
and Butterfish Fishery Management Plan (FMP) through an annual quota, 
possession limits, and a catch cap for bycatch of river herring and 
shad. In-season accountability measures (AM), including closures of the 
fishery through possession limit reductions, help ensure catch does not 
exceed the Atlantic mackerel annual catch limit (ACL) or the river 
herring and shad catch cap. Reactive AMs require a pound-for-pound 
payback the following year if landings exceed the Atlantic mackerel 
ACL.
    Current regulations require the Council's Mackerel, Squid, and 
Butterfish Monitoring Committee to develop specifications 
recommendations based upon the acceptable biological catch (ABC) advice 
of the Council's Scientific and Statistical Committee (SSC). 
Specifications are the combined suite of commercial and recreational 
catch levels and management measures necessary to prevent such catch 
levels from being exceeded. As part of this process, total allowable 
levels of foreign fishing, joint venture processing, and commercial and 
recreational annual catch targets (ACT) for up to 3 years. These 
specifications are reviewed annually, and may be revised by the Council 
based on updated information.
    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), as requested by the Council, NMFS implemented a 5-year 
Atlantic mackerel rebuilding plan. However, using data through 2019, a 
July 2021 Atlantic mackerel management track assessment concluded that 
the Atlantic mackerel stock remained overfished and subject to 
overfishing and that because previous assumptions about potential 
recruitment that did not come to fruition, the 2019 rebuilding plan no 
longer provided 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 rebuilt), but full rebuilding 
on the original schedule, by 2023, now appears impossible. The stock is 
expected to be less than half rebuilt by 2023. The final assessment 
summary report is available on the Northeast Fishery Science Center 
website (https://www.fisheries.noaa.gov/new-england-mid-atlantic/population-assessments/fishery-stock-assessments-new-england-and-mid-atlantic).
    In response to the 2021 Atlantic mackerel management track 
assessment, the SSC recommended that measures be implemented to 
eliminate or minimize additional catch to reduce the potential 
biological impacts of catch levels while the Council developed a 
revised Atlantic mackerel rebuilding plan. On January 12, 2022 (87 FR 
1700), NMFS published an interim rule that reduced the 2022 domestic 
annual harvest (DAH) of Atlantic mackerel from 17,312 mt to 4,963 mt in 
order to limit U.S. commercial catch to approximately the levels 
realized during 2021. These interim measures were extended on July 6, 
2022 (87 FR 40139), to remain effective for the entire 2022 Atlantic 
mackerel fishing year and expired on January 13, 2023.
    In response to the 2021 Atlantic mackerel management track 
assessment, the Council developed Amendment 23 to revise the Atlantic 
mackerel rebuilding plan to prevent overfishing and rebuild the stock, 
as required by section 303 of the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act). At its June 2022 meeting, 
the Council recommended to establish a 10-year Atlantic mackerel 
rebuilding plan and the 2023 Atlantic mackerel specification through 
Amendment 23. On August 19, 2022, the Council submitted the amendment 
and draft EA to NMFS for preliminary review. The Council reviewed the 
regulations in this rule, as drafted by NMFS, and deemed them to be 
necessary and appropriate, as specified in Section 303(c) of the 
Magnuson-Stevens Act. This action also includes 2023 Atlantic mackerel 
specifications based on the Amendment 23 Atlantic mackerel rebuilding 
plan, including a modified fishery closure approach, a status quo river 
herring and shad catch cap, and a new recreational possession limit, as 
described further below.
    A notice of availability (NOA) for the amendment published in the 
Federal Register on October 25, 2022 (87 FR 64430), with a comment 
period ending on December 27, 2022. We published a proposed rule in the 
Federal Register on November 2, 2022 (87 FR 66120), with a comment 
period ending on January 3, 2023.
    When a Council approves and then transmits a fishery management 
plan or amendment to NMFS, NMFS publishes a notice of availability in 
the Federal Register announcing a 60-day comment period. Within 30 days 
of the end of the comment period, NMFS must approve, disapprove, or 
partially approve the plan or amendment based on consistency with law. 
After considering public comment on the NOA and proposed rule, we 
approved Amendment 23. This final rule implements the management 
measures in Amendment 23. The details of the development of the 
measures in Amendment 23 were described in the NOA and proposed rule, 
and are not repeated here.
    This final rule also announces previously-approved goals and 
objectives to the Mackerel, Squid, and Butterfish FMP that were 
developed in Amendment 22 to the FMP. The focus of Amendment 22 was to 
revise the number and type of Illex squid permits and to update the 
goals and objectives of the FMP. An NOA for Amendment 22 was published 
in the Federal Register on June 7, 2022 (87 FR 34629). No proposed rule 
was published for Amendment 22 pending a final decision on the 
Amendment. On September 6, 2022, NMFS informed the Council that, in 
accordance with section 304(a)(3) of the Magnuson-Stevens Act, while 
the management actions of Amendment 22 were disapproved, we would 
revise the FMP goals and objectives in a future rulemaking. These 
updates to the FMP do not require associated federal regulations.

Approved Measures

1. Atlantic Mackerel Rebuilding Plan

    This action implements an Atlantic mackerel rebuilding plan that is 
predicted to have a 61-percent probability of rebuilding the Atlantic 
mackerel stock in 10 years. This

[[Page 6667]]

rebuilding plan assumes a fishing mortality rate of 0.12, and that 
recruitment starts low (similar to recruitment from 2009 to present) 
and then increases toward long-term typical recruitment as the stock 
rebuilds. Table 1 shows the projected ABCs for the duration of the 
rebuilding plan. The 2023 ABC specified in Table 1 is implemented 
through this action, but the other ABCs provided are projections that 
will be revisited during future specification setting. A new stock 
assessment in 2023 will inform the quotas set beyond 2023.

       Table 1--Projected Atlantic Mackerel ABC and Stock Biomass
------------------------------------------------------------------------
                                                    Catch      Biomass
                                                     (mt)        (mt)
------------------------------------------------------------------------
2023............................................      8,094       80,745
2024............................................      9,274       91,738
2025............................................     10,540      103,756
2026............................................     11,906      116,857
2027............................................     13,408      131,291
2028............................................     15,004      146,553
2029............................................     16,631      162,239
2030............................................     18,261      177,731
2031............................................     19,814      192,045
2032............................................     21,215      204,796
------------------------------------------------------------------------

    While less or zero catch would rebuild the Atlantic mackerel stock 
faster, the Council recommended a rebuilding plan that is as short a 
time as possible given the stock's status, biology, needs of fishing 
communities, and the interaction of the stock within the marine 
ecosystem. This rebuilding alternative and associated 2023 ABC will set 
a quota 41-percent lower than the 2019-2021 average landings of 6,187 
mt with an associated $3.62 million average ex-vessel revenue. However, 
given the relatively few vessels participating in the Atlantic mackerel 
fishery in recent years, the relatively low landings, and the small 
reduction in quota from recent landings, the impacts would be slightly 
negative in the short term. However, from a long-term perspective, a 
rebuilt Atlantic mackerel stock could return about $7.1 million 
annually to the Atlantic mackerel fishery.

2. Atlantic Mackerel Specifications

    Based on the above Atlantic mackerel rebuilding plan, the 2023 ABC 
is 8,094 mt. The 2023 Atlantic mackerel specifications include ABC 
deductions for expected Canadian catch (2,197 mt), recreational catch 
(2,143 mt), and estimated commercial discards (115 mt) to set a 
commercial quota of 3,639 mt as shown in Table 2. This commercial quota 
is a 27-percent decrease from the interim 2022 commercial quota.

                                 Table 2--2023 Atlantic Mackerel Specifications
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
ABC/ACL.................................  8,094 mt...................  a.
Canadian Catch Deduction................  2,197 mt...................  b.
Recreational Catch Deduction............  2,143 mt...................  c.
Commercial Discards.....................  115 mt.....................  d.
Commercial Quota........................  3,639 mt...................  e = a-b-c-d.
----------------------------------------------------------------------------------------------------------------

    The Canadian catch deduction is based on recent Canadian landings. 
The 2021 Canadian landings were 4,395 mt. Canada closed its directed 
Atlantic mackerel fishery for 2022 and therefore may have minimal 
landings in 2022. The Council decided to deduct 2,197 mt from the 2023 
ABC, which represents half of the 2021 Canadian landings. The 2,143-mt 
recreational deduction is the 2019-2021 average recreational catch 
minus 17 percent to account for an expected reduction in recreational 
catch due to the new recreational possession limit. The 115-mt 
commercial discard deduction is based on the average discard rate from 
2017-2019. There have been no ABC overages in the mackerel fishery, so 
it was determined that a management uncertainty buffer is not necessary 
at this time, and the modified in-season closure measures below are 
expected to effectively manage catch and prevent overages.

3. In-Season Closure Provisions

    To address the lower quota available to the U.S. commercial 
Atlantic mackerel fishery, this action implements a modified closure 
approach. This modified closure approach includes an initial closure 
with different thresholds based on the time of year, and a final 
closure when the fishery is close to harvesting the full commercial 
quota (see Table 3). This action retains the existing measures in the 
regulations that provide NMFS with the discretion to not close the 
fishery in November and December if performance suggests that a quota 
overage is unlikely.

                         Table 3--Atlantic Mackerel Commercial Fishery Closure Approach
----------------------------------------------------------------------------------------------------------------
                                                             Unharvested    2023 Closure
                                         Time of year      DAH  remaining     threshold       Possession limit
                                                                 (mt)       amounts  (mt)       adjustments
----------------------------------------------------------------------------------------------------------------
Initial Closure...................  Before May 1.........             886           2,753  40,000 lb (18.14 mt)
                                                                                            for Tier 1, 2, or 3
                                                                                            limited access
                                                                                            permits;
                                    May 1 or after.......             443           3,196  5,000 lb (2.27 mt)
                                                                                            for incidental/open
                                                                                            access permits.
Final Closure.....................  Any time of year.....             100           3,539  5,000 lb (2.27 mt)
                                                                                            for all federal
                                                                                            Atlantic mackerel
                                                                                            permit holders.
----------------------------------------------------------------------------------------------------------------

4. Recreational Possession Limit

    Because of the low Atlantic mackerel ABCs needed, at least at the 
beginning of the rebuilding period, a recreational possession limit was 
deemed necessary to ensure recreational catch is reduced to 
commensurate with the reduction in the commercial quota. This action 
implements a 20-fish per person Atlantic mackerel possession limit. 
This limit applies to all Atlantic mackerel charter/party permit 
holders (including

[[Page 6668]]

crew members) and private anglers. The 20-fish recreational possession 
limit is estimated to reduce recreational catch by 17 percent compared 
to average 2019-2021 recreational catch which is expected to assist in 
achieving a rebuilt stock.
    The Council has been working closely with the states of Maine, New 
Hampshire, and Massachusetts, as the majority of recreational Atlantic 
mackerel catch occurs in these state waters (there has been minimal 
recreational mackerel catch south of Massachusetts in recent years). 
The Council has coordinated with the aforementioned states in the 
development of these recreational measures, and it appears likely that 
these states will mirror the Federal recreational possession limit. 
This coordination is needed in order to achieve the necessary reduction 
in catch.

5. River Herring and Shad Catch Cap

    In 2014, Amendment 14 to the FMP (February 24, 2014; 79 FR 10029) 
implemented a catch cap to manage the bycatch of river herring and shad 
in the Atlantic mackerel fishery. Once this cap is reached in a given 
fishing year, Atlantic mackerel commercial possession limits are 
reduced to 20,000 lb (9.08 mt) for the rest of the year. The catch caps 
are monitored based on river herring and shad bycatch recorded in 
observer and portside sampling data for mackerel trips by limited 
access vessels, or trips in which at least 20,000 lb (9.08 mt) of 
Atlantic mackerel are landed.
    This action implements a river herring and shad catch cap in the 
Atlantic mackerel fishery of 129 mt.

6. FMP Goals and Objectives

    This action announces the previously-approved updated and revised 
goals and objectives of the Mackerel, Squid, and Butterfish FMP as 
follows:
    Goal 1: Maintain sustainable mackerel, squid, and butterfish 
stocks.
     Objective 1.1: Prevent overfishing and maintain 
sustainable biomass levels that achieve optimum yield in the mackerel, 
squid, and butterfish fisheries.
     Objective 1.2: Consider and, to the extent practicable, 
account for the roles of mackerel, squid, and butterfish species/
fisheries in the ecosystem.
    Goal 2: Acknowledging the difficulty in quantifying all costs and 
benefits, achieve the greatest overall net benefit to the Nation, 
balancing the needs and priorities of different user groups and effects 
of management on fishing communities.
     Objective 2.1: Provide the greatest degree of freedom and 
flexibility to harvesters and processors (including shoreshide 
infrastructure) of mackerel, squid, and butterfish resources consistent 
with attainment of the other objectives of this FMP, including 
minimizing additional restrictions.
     Objective 2.2: Allow opportunities for commercial and 
recreational mackerel, squid, and butterfish fishing, considering the 
opportunistic nature of the fisheries, changes in availability that may 
result from changes in climate and other factors, and the need for 
operational flexibility.
     Objective 2.3: Consider and strive to balance the social 
and economic needs of various sectors of the mackerel, squid, and 
butterfish fisheries (commercial including shoreside infrastructure and 
recreational) as well as other fisheries or concerns that may be 
ecologically linked to mackerel, squid, and butterfish fisheries.
     Objective 2.4: Investigate opportunities to access 
international/shared resources of mackerel, squid, and butterfish 
species.
    Goal 3: Support science, monitoring, and data collection to enhance 
effective management of mackerel, squid, and butterfish fisheries.
     Objective 3.1: Improve data collection to better 
understand the status of mackerel, squid, and butterfish stocks, the 
role of mackerel, squid, and butterfish species in the ecosystem, and 
the biological, ecological, and socioeconomic impacts of management 
measures, including impacts to other fisheries.
     Objective 3.2: Promote opportunities for industry 
collaboration on research.
     Objective 3.3: Encourage research that may lead to 
practicable opportunities to further reduce bycatch in the mackerel, 
squid, and butterfish fisheries.

Comments and Responses

    We received 11 comments on the NOA and proposed rule from 
individual constituents and non-governmental organizations including 
from The Pew Charitable Trusts, Oceans North, Wild Oceans, Conservation 
Law Foundation, Bennet Nickerson Environmental Consulting, and Natural 
Resource Defense Council. One comment was not relevant to the proposed 
rule and is not discussed further. One comment was not relevant to the 
rule itself, but had questions about how industry is involved in the 
rule making process. Five comments supported the Atlantic mackerel 
rebuilding plan, four opposed the rebuilding plan. Those opposed to the 
rebuilding plan advocated for disapproval of Amendment 23 and to have 
the Council select a different rebuilding alternative, and one comment 
opposed to the action advocated for only subsistence fishing for 
Atlantic mackerel.
    We received zero comments on the updated FMP goals and objectives 
in response to the Amendment 22 NOA. Some of the comments received in 
response to the Amendment 22 NOA referenced the updated goals and 
objectives, but there were no comments on the goals and objectives 
themselves.
    Comment 1: Five commenters support the proposed Atlantic mackerel 
rebuilding plan. One stated that it was in alignment with the Magnuson-
Stevens Act, one noted the importance of protecting historical food 
sources, and one noted that this action is a good first step, but would 
like to see more done to protect the long-term population of Atlantic 
mackerel and to protect other marine species. Additionally, one comment 
supported the rebuilding plan, but would like to see more animal 
welfare taken into account.
    Response: We have approved the proposed Atlantic mackerel 
rebuilding plan and the 2023 specifications. We will continue to 
monitor the Atlantic mackerel stock status through regular stock 
assessments and base future catch limits on the most recent stock 
information available.
    Comment 2: One comment requested clarification on how commercial 
and recreational fishermen's input is collected and used during the 
development of this action.
    Response: The public, including industry members, are invited to 
participate several times through the development of any amendment. For 
this action, public comments were solicited at Council meetings in 
August and December 2021 and June 2022; two informational webinars were 
hosted by Council staff on January 11 and 12, 2021, to provide 
background and gather public input; the Council also hosted five public 
hearings throughout April and May of 2022; and, finally, the public was 
asked to provide comment on the NOA and proposed rule. Comments were 
accepted both orally and/or written at these various opportunities. 
Public comments were presented to the Mackerel, Squid, and Butterfish 
Monitoring Committee and the Council prior to meetings and taken into 
account by those members when making recommendations and decisions on 
this action. The comments on the NOA and proposed rule were provided 
directly to NMFS to ensure the public

[[Page 6669]]

had the opportunity to comment and notify the government of any 
proposed action that would not satisfy applicable statues.
    Comment 3: Three comments opposed the proposed Atlantic mackerel 
rebuilding plan and advocated that NMFS disapprove this action and 
either close the fishery, develop a new rebuilding plan, or have the 
Council select a different alternative. Two of these comments claimed 
that the best available science was not taken into consideration when 
selecting the preferred alternatives for this action. One of these 
comments goes on to further claim that the Council violated the 
Magnuson-Stevens Act by selecting a rebuilding alternative that was not 
the recommendation of the SSC. This comment also opined that the EA 
drafted for this action did not conduct a thorough evaluation of the 
cumulative impacts of climate change and the Atlantic Ocean ecosystem 
in the face of a depleted forage base and advocated that the 129-mt 
river herring and shad catch cap be disapproved and that a 3-inch 
(7.62-cm) minimum codend mesh size be required for the Atlantic 
mackerel fishery.
    Response: Amendment 23 was developed using the best available 
science, including new information provided in the 2021 Atlantic 
mackerel management track assessment results and the 2021 Canadian 
Atlantic mackerel assessment. The SSC endorsed that all the rebuilding 
plan alternatives in this action are expected to rebuild Atlantic 
mackerel within 10 years based on the best scientific information 
available, which is consistent with the Magnuson-Stevens Act and the 
National Standards. The SSC also identified that the 2023 ABCs for each 
potential rebuilding plan were consistent with the best scientific 
information available.
    The EA for this action did evaluate the cumulative impacts of 
climate change and the Atlantic Ocean ecosystem as describe in section 
7.6. Additionally, the Council developed this action under the guidance 
of their Ecosystem Approach to Fisheries Management and in reference to 
the most recent State of the Ecosystem Reports.
    The river herring and shad catch cap of 129 mt is the No Action 
alternative and we do not have the authority to select a different 
alternative through the amendment process. This alternative was 
selected by the Council because lower caps may be impracticable to 
monitor. Additionally, the revised commercial fishery closure approach 
will have added benefits to river herring and shad by lowering the 
possession limits for mackerel will below the 20,000-lb (9.08-mt) 
possession limit required when reaching the river herring and shad 
catch cap. The 3-inch (7.62-cm) minimum mesh requirement measure that 
was considered, but ultimately rejected during the development of this 
action due to the lack of gear selectivity studies for Atlantic 
mackerel that would allow quantitative analysis of this measure. 
Additional investigation of the effects of a minimum mesh may be 
evaluated in the future.
    Finally, if this action were to be disapproved, it would have the 
opposite desired effect of both this action and these comments 
received. A disapproval of this action would result in the 
implementation of the No Action alternative that reverts the Atlantic 
mackerel quota to 2021 levels including a DAH of 17,312 mt due to the 
rollover provisions found in Sec.  648.22(d)(1) and the expiration of 
the 2022 interim rule on January 13, 2023. Disapproval of Amendment 23 
would be detrimental to the Atlantic mackerel stock because it would 
allow for potential overfishing to continue throughout the 2023 fishing 
year. Moreover, the alternative that the commenters prefer has a lower 
likelihood of accomplishing rebuilding than the one implemented in this 
final rule.
    Comment 4: One comment opposed the proposed action advocating for a 
closure of the Atlantic mackerel commercial fishery and to only allow 
subsistence fishing for Atlantic mackerel.
    Response: This comment did not supply any rationale or evidence in 
support of closing the Atlantic mackerel commercial fishery and for 
subsistence fishing for Atlantic mackerel.

Changes From the Proposed Rule

    There are no changes to the regulatory text from the proposed rule, 
but this final rule announces the approval of the updated FMP goals and 
objectives which were not included in the proposed rule. The updated 
goals and objectives were the subject of public notice and comment in 
the NOA for Amendment 22. This change to the FMP is solely 
administrative, and does not necessitate associated Federal 
regulations, and therefore did not require additional public comment.

Classification

    Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator has determined that this final rule is 
consistent with the Mackerel, Squid, and Butterfish FMP, other 
provisions of the Magnuson-Stevens Act, and other applicable law.
    The Assistant Administrator for Fisheries finds that the need to 
implement these measures in a timely manner constitutes good cause, 
under the authority contained in 5 U.S.C. 553(d)(3), to waive the 30-
day delay in effective date of this action. This action implements the 
Atlantic mackerel rebuilding plan and the 2023 Atlantic mackerel 
specifications. This rule is being issued at the earliest possible date 
following a 2021 Atlantic mackerel management track assessment that 
identified the need for a revised rebuilding plan. The Council took 
immediate action to develop this revised rebuilding plan which was 
developed throughout 2022. Additionally, we implemented an interim rule 
to reduce the catch limits of Atlantic mackerel for the 2022 fishing 
year and that interim rule expired January 13, 2023, after which the 
original 2022 harvest quotas became effective. Failure to implement the 
new lower quotas of this rule creates a risk of additional overfishing 
in a stock that is the subject of rebuilding because until this rule is 
implemented, the Atlantic mackerel quota reverts back to 17,312 mt 
which is almost five times the quota calculated for this year in order 
to rebuild the stock. Additionally, approximately 500 mt of Atlantic 
mackerel has already been harvested for the 2023 fishing year, and a 
delay in implementation could lead to the 2023 quota being exceeded.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.
    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.


[[Page 6670]]


    Dated: January 26, 2023.
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.  648.14, revise paragraph (g)(1)(ii) and add paragraph 
(g)(1)(iii), and revise paragraph (g)(4) to read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (g) * * *
    (1) * * *
    (ii) Recreational possession. Take and retain, possess, or land 
Atlantic mackerel in excess of the recreational limits contained in 
Sec.  648.26(a)(3).
    (iii) Transfer and purchase. (A) Purchase or otherwise receive for 
a commercial purpose; other than solely for transport on land; Atlantic 
chub mackerel, Atlantic mackerel, Illex squid, longfin squid, or 
butterfish caught by a vessel that has not been issued a Federal 
Atlantic mackerel, Illex squid, longfin squid, or butterfish vessel 
permit, unless the vessel fishes exclusively in state waters.
    (B) Transfer longfin squid, Illex squid, or butterfish within the 
EEZ, unless the vessels participating in the transfer have been issued 
the appropriate LOA from the Regional Administrator along with a valid 
longfin squid, butterfish, or Illex squid moratorium permit and are 
transferring species for which the vessels are permitted, or a valid 
squid/butterfish incidental catch permit.
* * * * *
    (4) Presumption. For purposes of this part, the following 
presumption applies: All Atlantic chub mackerel, Atlantic mackerel, 
Illex squid, longfin squid, or butterfish possessed on a vessel issued 
any permit under Sec.  648.4 are deemed to have been harvested from the 
EEZ, unless the preponderance of all submitted evidence demonstrates 
that such species were purchased for bait or harvested by a vessel 
fishing exclusively in state waters or, for Atlantic chub mackerel, 
outside of the Atlantic Chub Mackerel Management Unit.
* * * * *

0
3. In Sec.  648.21, revise paragraph (c)(2) to read as follows:


Sec.  648.21   Mid-Atlantic Fishery Management Council risk policy.

* * * * *
    (c) * * *
    (2) The SSC may specify higher 2023-2032 ABCs for Atlantic mackerel 
based on FREBUILD instead of the methods outlined in 
paragraph (a) of this section to implement a rebuilding program that 
would rebuild this stock by 2032.
* * * * *

0
 4. In Sec.  648.24, revise paragraphs (b)(1)(i) through (iii) to read 
as follows:


Sec.  648.24   Fishery closures and accountability measures.

* * * * *
    (b) * * * (1) * * * (i) First phase commercial closure. (A) Unless 
otherwise determined in paragraph (b)(1)(iii) of this section, NMFS 
will close the commercial Atlantic mackerel fishery, which includes 
vessels issued an open access or limited access Atlantic mackerel 
permit, including a limited access Tier 3 Atlantic mackerel permit, in 
the EEZ when the Regional Administrator projects before May 1 that 886 
mt of the Atlantic mackerel DAH is remaining. The closure of the 
commercial fishery shall be in effect for the remainder of that fishing 
year, with incidental catches allowed, as specified in Sec.  648.26.
    (B) Unless otherwise determined in paragraph (b)(1)(iii) of this 
section, NMFS will close the commercial Atlantic mackerel fishery, 
which includes vessels issued an open access or limited access Atlantic 
mackerel permit, including a limited access Tier 3 Atlantic mackerel 
permit, in the EEZ when the Regional Administrator projects on or after 
May 1 that 443 mt of the Atlantic mackerel DAH is remaining. The 
closure of the commercial fishery shall be in effect for the remainder 
of that fishing year, with incidental catches allowed, as specified in 
Sec.  648.26.
    (C) Unless previously closed pursuant to paragraph (b)(1)(i)(A) or 
(b)(1)(i)(B) of this section, NMFS will close the Tier 3 commercial 
Atlantic mackerel fishery in the EEZ when the Regional Administrator 
projects that 90 percent of the Tier 3 Atlantic mackerel landings cap 
will be harvested. Unless otherwise restricted, the closure of the Tier 
3 commercial Atlantic mackerel fishery will be in effect for the 
remainder of that fishing period, with incidental catches allowed as 
specified in Sec.  648.26.
    (ii) Second phase commercial quota closure. When the Regional 
Administrator projects that 100 mt of the Atlantic mackerel DAH is 
remaining, NMFS will reduce the possession of Atlantic mackerel in the 
EEZ applicable to all commercial Atlantic mackerel permits for the 
remainder of the fishing year as specified in Sec.  
648.26(a)(2)(iii)(A).
    (iii) NMFS has the discretion to not implement measures outlined in 
paragraphs (b)(1)(i)(B) or (b)(1)(ii) of this section during November 
and December if the Regional Administrator projects that commercial 
Atlantic mackerel landings will not exceed the DAH during the remainder 
of the fishing year.
* * * * *

0
 5. In Sec.  648.26, revise paragraphs (a)(1) introductory text, 
(a)(1)(i) through (iv), and (a)(2), and add paragraph (a)(3) to read as 
follows:


Sec.  648.26   Mackerel, squid, and butterfish possession restrictions.

    (a) * * *
    (1) Initial commercial possession limits. A vessel must be issued a 
valid limited access Atlantic mackerel permit to fish for, possess, or 
land more than 20,000 lb (9.08 mt) of Atlantic mackerel in or harvested 
from the EEZ per trip, provided the fishery has not been closed as 
specified in Sec.  648.24(b)(1).
    (i) A vessel issued a Tier 1 limited access mackerel permit is 
authorized to fish for, possess, or land Atlantic mackerel with no 
possession restriction in or harvested from the EEZ per trip, and may 
only land Atlantic mackerel once on any calendar day, which is defined 
as the 24-hr period beginning at 0001 hours and ending at 2400 hours, 
provided that the fishery has not been closed because of a first phase 
or second phase commercial fishery closure, as specified in Sec.  
648.24(b)(1)(i) or Sec.  648.24(b)(1)(ii).
    (ii) A vessel issued a Tier 2 limited access mackerel permit is 
authorized to fish for, possess, or land up to 135,000 lb (61.23 mt) of 
Atlantic mackerel in or harvested from the EEZ per trip, and may only 
land Atlantic mackerel once on any calendar day, which is defined as 
the 24-hr period beginning at 0001 hours and ending at 2400 hours, 
provided that the fishery has not been closed because of a first phase 
or second phase commercial fishery closure, as specified in Sec.  
648.24(b)(1)(i) or Sec.  648.24(b)(1)(ii).
    (iii) A vessel issued a Tier 3 limited access mackerel permit is 
authorized to fish for, possess, or land up to 100,000 lb (45.36 mt) of 
Atlantic mackerel in or harvested from the EEZ per trip, and may only 
land Atlantic mackerel once on any calendar day, which is defined as 
the 24-hr period beginning at 0001 hours and ending at 2400 hours, 
provided that the fishery has not been closed because of a first phase 
or second phase commercial fishery closure, or 90

[[Page 6671]]

percent of the Tier 3 landings cap has been harvested, as specified in 
Sec.  648.24(b)(1)(i) or Sec.  648.24(b)(1)(ii).
    (iv) A vessel issued an open access Atlantic mackerel permit may 
fish for, possess, or land up to 20,000 lb (9.08 mt) of Atlantic 
mackerel in or harvested from the EEZ per trip, and may only land 
Atlantic mackerel once on any calendar day, which is defined as the 24-
hr period beginning at 0001 hours and ending at 2400 hours, provided 
that the fishery has not been closed because of a first phase or second 
phase commercial fishery closure, as specified in Sec.  648.24(b)(1)(i) 
or Sec.  648.24(b)(1)(ii).
* * * * *
    (2) Atlantic mackerel closure possession restrictions. Any Atlantic 
mackerel possession restrictions implemented under paragraph (a)(2) of 
this section will remain in place for the rest of the fishing year, 
unless further restricted by a subsequent action. If the entire 
commercial Atlantic mackerel fishery is closed due to harvesting the 
river herring/shad catch cap, as specified in Sec.  648.24(b)(6) before 
a first phase or second phase commercial fishery closure, then the 
Atlantic mackerel possession restrictions specified in Sec.  
648.26(a)(2)(iii)(B) shall remain in place for the rest of the fishing 
year unless further reduced by the possession restrictions specified in 
Sec.  648.26(a)(2)(iii)(A).
    (i) Limited Access Fishery. (A) During a closure of the commercial 
Atlantic mackerel fishery pursuant to Sec.  648.24(b)(1)(i), when 886 
mt of the DAH is remaining before May 1 or when 443 mt of the DAH is 
remaining on or after May 1, vessels issued a Tier 1, 2, or 3 limited 
access Atlantic mackerel permit, may not take and retain, possess, or 
land more than 40,000 lb (18.14 mt) of Atlantic mackerel per trip at 
any time, and may only land Atlantic mackerel once on any calendar day, 
which is defined as the 24-hr period beginning at 0001 hours and ending 
at 2400 hours.
    (B) During a closure of the Tier 3 commercial Atlantic mackerel 
fishery pursuant to Sec.  648.24(b)(1)(i)(C), when 90 percent of the 
Tier 3 landings cap is harvested, vessels issued a Tier 3 limited 
access Atlantic mackerel permit may not take and retain, possess, or 
land more than 40,000 lb (18.14 mt) of Atlantic mackerel per trip at 
any time, and may only land Atlantic mackerel once on any calendar day, 
which is defined as the 24-hr period beginning at 0001 hours and ending 
at 2400 hours.
    (ii) Open Access Fishery. During a closure of the Atlantic mackerel 
commercial sector pursuant to Sec.  648.24(b)(1)(i), when 886 mt of the 
DAH is remaining before May or when 443 mt of the DAH is remaining on 
or after May 1, vessels issued an open access Atlantic mackerel permit 
may not take and retain, possess, or land more than 5,000 lb (2.27 mt) 
of Atlantic mackerel per trip at any time, and may only land Atlantic 
mackerel once on any calendar day, which is defined as the 24-hr period 
beginning at 0001 hours and ending at 2400 hours.
    (iii) Entire commercial fishery--(A) Commercial quota closure. 
During a closure of the entire commercial Atlantic mackerel fishery 
pursuant to Sec.  648.24(b)(1)(ii), when 100 mt of the DAH is 
remaining, vessels issued an open or limited access Atlantic mackerel 
permit may not take and retain, possess, or land more than 5,000 lb 
(2.27 mt) of Atlantic mackerel per trip at any time, and may only land 
Atlantic mackerel once on any calendar day, which is defined as the 24-
hr period beginning at 0001 hours and ending at 2400 hours.
    (B) River herring/shad catch cap closure. During a closure of the 
limited access commercial Atlantic mackerel fishery pursuant to Sec.  
648.24(b)(6), when 95 percent of the river herring/shad catch cap has 
been harvested, vessels issued an open or limited access Atlantic 
mackerel permit may not take and retain, possess, or land more than 
20,000 lb (9.08 mt) of Atlantic mackerel per trip at any time, and may 
only land once on any calendar day, which is defined as the 24-hr 
period beginning at 0001 hours and ending at 2400 hours.
    (3) Recreational possession limits. The recreational Atlantic 
mackerel possession limit for charter/party and private recreational 
anglers is 20 Atlantic mackerel per person per trip, including for-hire 
crew.
* * * * *
[FR Doc. 2023-01959 Filed 1-31-23; 8:45 am]
 BILLING CODE 3510-22-P