[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Proposed Rules]
[Pages 14110-14113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04298]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 230224-0055]
RIN 0648-BL91


Fisheries of the Northeastern United States; The 2023-2025 
Specifications for the Atlantic Mackerel, Squid, and Butterfish Fishery 
Management Plan

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

ACTION: Proposed rule, request for comments.

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

SUMMARY: NMFS proposes 2023-2025 specifications for the Mackerel, 
Squid, and Butterfish Fishery Management Plan as recommended by the 
Mid-Atlantic Fishery Management Council. This action proposes to set 
the 2023-2025 chub mackerel specifications, the 2023-2024 butterfish 
specifications, and the 2023 Illex squid specifications. This action 
also proposes reaffirming the 2023 longfin squid specifications.

DATES: Public comments must be received by March 22, 2023.

ADDRESSES: Copies of supporting documents used by the Mid-Atlantic 
Fishery Management Council, including the Environmental Assessment 
(EA), the Supplemental Information Report (SIR), the Regulatory Impact 
Review (RIR), and the Regulatory Flexibility Act (RFA) analysis are 
available from: Dr. Christopher M. Moore, Executive Director, Mid-
Atlantic Fishery Management Council, 800 North State Street, Suite 201, 
Dover, DE 19901, telephone (302) 674-2331.
    You may submit comments, identified by NOAA-NMFS-2023-0018, 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-2023-0018 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 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).

FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fishery Policy 
Analyst, (978) 282-8456.

SUPPLEMENTARY INFORMATION: 

Background

    This rule proposes specifications, which are the combined suite of 
commercial and recreational catch levels established for one or more 
fishing years, for chub mackerel, Illex squid, and butterfish, and 
reaffirms previously announced specifications for longfin squid. 
Atlantic mackerel specifications for 2023 were set through

[[Page 14111]]

a separate action (88 FR 6665). 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 limit (OFL).
    The regulations implementing the fishery management plan (FMP) 
require the Mid-Atlantic Fishery Management Council's Mackerel, Squid, 
and Butterfish Monitoring Committee to develop specification 
recommendations for each species based upon the ABC advice of the 
Council's SSC. The FMP regulations also require the specification of 
annual catch limits (ACL) and accountability measure (AM) provisions 
for butterfish. Both squid species are exempt from the ACL/AM 
requirements because they have a life cycle of less than one year. In 
addition, the regulations require the specification of domestic annual 
harvest (DAH), the butterfish mortality cap in the longfin squid 
fishery, and initial optimum yield (IOY) for both squid species.
    On May 10, 2022 (87 FR 27952), we published a final rule in the 
Federal Register implementing the previously approved 2022 
specifications for the chub mackerel, butterfish, longfin squid, and 
Illex squid fisheries.
    The Council's SSC met in May and July 2022 to reevaluate the chub 
mackerel, longfin squid, Illex squid, and butterfish 2023 
specifications based upon the latest information. At those meetings, 
the SSC concluded that no adjustments to the Illex squid, longfin 
squid, and chub mackerel specifications were warranted. However, for 
butterfish, the SSC recommended to use a different biological reference 
point based on new information from the assessment. The stock was 
assessed with the recently developed model known as the Woods Hole 
Assessment Model.

Proposed 2023 Longfin Squid Specifications

    This action maintains the 2022 longfin squid ABC of 23,400 mt for 
2023. The background for this ABC is discussed in the proposed rule to 
implement the 2021-2022 squid and butterfish specifications (86 FR 
38586; July 22, 2021) and is not repeated here. The IOY, DAH, and 
domestic annual processing (DAP) are calculated by deducting an 
estimated discard rate (2 percent) from the ABC. This results in a 2023 
IOY, DAH, and DAP of 22,932 mt (Table 1). This action also maintains 
the existing allocation of longfin squid DAH among trimesters according 
to percentages specified in the FMP (Table 2). The Council will review 
these specifications during its annual specifications process following 
annual data updates each spring, and may change its recommendation for 
2024 if new information becomes available.

                       Table 1--2023 Longfin Squid
------------------------------------------------------------------------
               Specification                         Metric tons
------------------------------------------------------------------------
OFL.......................................  Unknown.
ABC.......................................  23,400.
IOY.......................................  22,932.
DAH/DAP...................................  22,932.
------------------------------------------------------------------------


         Table 2--2021-2022 Longfin Quota Trimester Allocations
------------------------------------------------------------------------
                Trimester                     Percent       Metric tons
------------------------------------------------------------------------
I (Jan-Apr).............................              43           9,861
II (May-Aug)............................              17           3,898
III (Sep-Dec)...........................              40           9,173
------------------------------------------------------------------------

Proposed 2023-2024 Butterfish Specifications

    This action proposes to set the 2023 butterfish specifications and 
projected 2024 specifications as outlined in Table 3. The SSC reviewed 
the research track assessment results in May 2022. A variety of 
ecosystem topics were considered for inclusion in the butterfish 
assessment. These included predictive models for spatial distribution 
patterns over time, the influence of environmental drivers, the 
potential magnitude of natural mortality by marine mammal, bird, and 
fish populations, and comparative analyses of trends in recruitment and 
condition factor for a broad range of fish species. The proposed 2023 
and projected 2024 butterfish specifications uses a new biological 
reference point for fishing mortality that is higher than earlier 
values based on updated scientific information. These specifications 
propose to maintain the existing butterfish mortality cap in the 
longfin squid fishery of 3,884 mt and the existing allocation of the 
butterfish mortality cap among longfin squid trimesters (Table 4).

 Table 3--Proposed 2023 and Projected 2024 Butterfish Specifications in
                               Metric Tons
------------------------------------------------------------------------
              Specification                    2023            2024
------------------------------------------------------------------------
OFL.....................................          17,631          16,096
ABC.....................................          17,267          15,764
ACT.....................................          16,404          14,976
Assumed discards........................           1,248           1,248
Total discards..........................           5,132           5,132
Butterfish cap in longfin...............           3,884           3,884
DAH.....................................          11,271           9,844
------------------------------------------------------------------------


 Table 4--Proposed 2023 Trimester Allocation of Butterfish Mortality Cap
                      on the Longfin Squid Fishery
------------------------------------------------------------------------
                Trimester                     Percent       Metric tons
------------------------------------------------------------------------
I (Jan-Apr).............................              43           1,670
II (May-Aug)............................              17             660
III (Sep-Dec)...........................              40           1,554
                                         -------------------------------
    Total...............................             100           3,844
------------------------------------------------------------------------


[[Page 14112]]

Proposed 2023 Illex Squid Specifications

    Consistent with the Council's recommendation, NMFS proposes to 
maintain the 2023 Illex squid ABC of 40,000 mt. The Council recommended 
that the ABC be reduced by the status quo discard rate of 4.52 percent, 
which results in a 2023 IOY, DAH, and DAP of 38,192 mt (Table 5).

    Table 5--Proposed 2023 Illex Squid Specifications in Metric Tons
------------------------------------------------------------------------
               Specification                            2023
------------------------------------------------------------------------
OFL.......................................  Unknown.
ABC.......................................  40,000.
IOY.......................................  38,192.
DAH/DAP...................................  38,192.
------------------------------------------------------------------------

Reaffirmation of 2021-2022 Atlantic Chub Mackerel Specifications

    Amendment 21 to the FMP previously implemented chub mackerel 
specifications for the 2020-2022 fishing years. The Council reevaluated 
these specifications at its June 2022 meeting and decided to make no 
adjustments for the 2023-2025 fishing years. This action proposes to 
set the previously implemented specifications for 2023 and projects the 
same for 2024-2025.

  Table 7--Proposed 2023 and Projected 2024-2025 Atlantic Chub Mackerel
                      Specifications in Metric Tons
------------------------------------------------------------------------
                      Specification                          2023-2025
------------------------------------------------------------------------
ABC.....................................................           2,300
Annual Catch Limit (ACL)................................           2,262
Annual Catch Target.....................................           2,171
Total Allowable Landings................................           2,041
------------------------------------------------------------------------

Additional Measures Not Part of the 2023 Mackerel, Squid, and 
Butterfish Specifications

    In addition to implementing the specifications discussed 
previously, this proposed rule would reinstate regulatory text 
outlining the eligibility requirements required to issue a Tier 1 
longfin squid moratorium permits found at Sec.  648.4(a)(5)(A)(1) and 
the requirement to close the directed Illex fishery once a certain 
percenatage of the DAH has been landed found at Sec.  648.24(a)(2) that 
were inadvertently removed from the Code of Federal Regulations on 
January 1, 2023. These changes simply restore the regulatory text that 
was removed by mistake by the expiration of a previous action, and 
would be made under our administrative authority at 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 proposed rule is 
consistent with the Mackerel, Squid, and Butterfish FMP, other 
provisions of the Magnuson-Stevens Act, and other applicable law, 
subject to further consideration after public comment.
    This proposed 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 (SBA) that this proposed rule, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities. The purpose, context, and statutory basis for this action is 
described above and not repeated here. Business entities affected by 
this action include vessels that are issued limited access chub 
mackerel, longfin squid, Illex squid, and butterfish permits. Although 
vessels issued open access incidental catch permits for these species 
also would be potentially affected by this action, because these 
vessels land only small amounts of chub mackerel, squid, and butterfish 
and this action would not revise the amount of squid and butterfish 
that these vessels can land, these entities would not be affected by 
this proposed rule.
    Any entity with combined annual fishery landing receipts less than 
$11 million is considered a small entity based on standards published 
in the Federal Register (80 FR 81194, December 29, 2015). In 2021, 69 
separate vessels held commercial limited access Illex permits. 
Approximately 55 entities owned those vessels, and based on current SBA 
size standards, 49 would be small business entities. In 2021, 33 
vessels landed over 10,000 lb (4,536 kg) with total Illex landings 
valued at $29.7 million. From 2019-2021 Illex ex-vessel revenues varied 
from $25.3-$29.7 million, averaging $28.2 million. The previously 
approved Atlantic mackerel, Illex squid, and longfin squid commercial 
landing limits would not be changed by this proposed action. Fishing 
revenue and, therefore, economic impacts of yearly Mackerel, Squid, and 
Butterfish specifications depend upon species availability, which may 
change yearly. This action is not expected to have negative impacts on 
any participating entities. Mackerel and longfin quotas would be 
maintained at status quo. Illex squid specifications would be 
maintained at status quo, although the closure threshold would be 
lowered from 95 percent to 94 percent to avoid quota overages, which 
have occurred in recent years. Still, any landings that could occur up 
to the 94 percent closure threshold would be higher than the 2017-2019 
quotas. In 2019, landings were only slightly above the landings at the 
94 percent threshold, even with the 2019 overage. Avoiding quota 
overages also has the long term benefit of avoiding overfishing. 
Although butterfish quotas would be slightly reduced, the fishery has 
landed less than 75 percent of the DAH for the past several years, and 
therefore, the proposed quotas would still allow for a higher harvest 
level compared to what the fishery has recently landed.
    In determining the significance of the economic impacts of the 
proposed action, we considered the following two criteria outlined in 
applicable NMFS guidance: Disproportionality and profitability. The 
proposed measures would not place a substantial number of small 
entities at a significant competitive disadvantage to large entities; 
all entities affected by this action would be equally affected. 
Accordingly, there are no disproportionate economic effects from this 
action between small and large entities. Proposed measures would not 
reduce fishing opportunities based on recent squid and butterfish 
landings, change any entity's access to these resources, or impose any 
costs to affected entities. Therefore, this action would not be 
expected to reduce revenues or profit for affected entities compared to 
recent levels. Based on the above justification, the proposed action is 
not expected to have a significant economic impact on a substantial 
number of small entities.
    This proposed rule does not contain a change to a collection of 
information requirement for purposes of the Paperwork Reduction Act of 
1995. The existing collection of information requirements would 
continue to apply under the following OMB Control Number: 0648-0229, 
Greater Atlantic Region Dealer Purchase Reports. Notwithstanding any 
other provision of the law, no person is required to respond to, nor 
shall any person be subject to a penalty for failure to comply with, a 
collection of information subject to the requirements of the PRA, 
unless that collection of information displays a currently valid OMB 
Control Number.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Fishery closures and accountability measures.


[[Page 14113]]


    Dated: February 27, 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 
proposed to be 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, add paragraph (a)(5)(i)(A)(1) to read as follows:


Sec.  648.4  Vessel permits.

    (a) * * *
    (5) * * *
    (i) * * *
    (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.  648.24, add 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 the Regional Administrator projects that 94 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. 2023-04298 Filed 3-6-23; 8:45 am]
BILLING CODE 3510-22-P