[Federal Register Volume 88, Number 143 (Thursday, July 27, 2023)]
[Rules and Regulations]
[Pages 48389-48392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15924]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.: 230724-0172]
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: Final rule.

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

DATES: Effective July 27, 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. These documents are also 
accessible via the internet at https://www.mafmc.org.
    Copies of the small entity compliance guide are available from 
Michael Pentony, Regional Administrator, NMFS, Greater Atlantic 
Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 
01930-2298, or available on the internet at: https://www.greateratlantic.fisheries.noaa.gov.

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

SUPPLEMENTARY INFORMATION: 

Background

    This rule implements specifications, which are the combined suite 
of commercial and recreational catch levels established for one or more 
fishing years, for chub mackerel, Illex

[[Page 48390]]

squid, and butterfish, and reaffirms previously announced 
specifications for longfin squid. Atlantic mackerel specifications for 
2023 were set through a separate action (88 FR 6665, February 1, 2023). 
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 1 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 ABCs 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.

2023 Longfin Squid Specifications

    This action maintains the 2022 longfin squid ABC of 23,400 metric 
tons (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
------------------------------------------------------------------------

2023-2024 Butterfish Specifications

    This action implements 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 
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--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
------------------------------------------------------------------------


[[Page 48391]]


  Table 4--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
------------------------------------------------------------------------

2023 Illex Squid Specifications

    The 2023 Illex squid ABC is 40,000 mt, consistent with the 
Council's recommendation and as proposed. In this final rule, however, 
the ABC is reduced by the discard rate of 3.42 percent, which results 
in a 2023 IOY, DAH, and DAP of 38,631 mt (Table 5). This discard rate 
is slightly lower than in the proposed rule, and lower than the 
Council's recommendation (both 4.52 percent). This new discard rate 
represents a more accurate estimate than the discard rate in the 
proposed rule that appears to have been influenced by low observer 
coverage in 2020-2021 due to COVID-19. While the Council did not 
recommend this discard rate for the 2023 specifications, at its April 
2023 meeting the Council used this formula in developing 
recommendations for the 2024-2025 specifications. NMFS determined that 
this discard estimate based on updated information is a more accurate 
than the estimated used by Council when developing its 2023 
recommendation, and we are applying it for 2023 as well. This decision 
was made to provide a benefit to the industry without implications to 
the stock, as the ABC remains the same. Due to the revised commercial 
discard rate, the 2023 IOY, DAH, and DAP represent an increase of 475 
mt compared to 2022.

         Table 5--2023 Illex Squid Specifications in Metric Tons
------------------------------------------------------------------------
              Specification                            2023
------------------------------------------------------------------------
OFL.....................................  Unknown.
ABC.....................................  40,000
IOY.....................................  38,631
DAH/DAP.................................  38,631
------------------------------------------------------------------------

Reaffirmation of 2021-2022 Atlantic Chub Mackerel Specifications

    Amendment 21 to the FMP (88 FR 6665; February 1, 2023) 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 sets the previously implemented specifications for 
2023 and projects the same for 2024-2025.

      Table 6--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 final rule reinstates regulatory text outlining the 
eligibility requirements required to issue Tier 1 longfin squid 
moratorium permits found at 50 CFR 648.4(a)(5)(i)(A)(1) and the 
requirement to close the directed Illex fishery once a certain 
percentage 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 is 
being made under our administrative authority at section 305(d) of the 
Magnuson-Stevens Act.

Proposed Rule Comments and Responses

    We received no public comments on the proposed rule published on 
March 7, 2023 (88 FR 14110).

Changes From the Proposed Rule

    Originally the Council recommended that the Illex squid ABC be 
reduced by the status quo discard rate of 4.52 percent, which would 
have resulted in a 2023 IOY, DAH, and DAP of 38,192 mt. However, at the 
March 23, 2023, Mackerel, Squid, and Butterfish Monitoring Committee 
meeting, the Committee observed that Illex squid discards varied from 
315 mt to 1,407 mt from 2012-2021, including discards estimates that 
may have been driven by lower coverage in 2020-2021 due to COVID-19. As 
such, the 2023 ABC remains at 40,000 mt, but with the IOY/DAH limit 
adjusted by a discard rate of 3.42 percent to 38,631 mt after 
accounting for 1,369 mt set aside for potential discards. These changes 
were made in response to the Committee's updated discard estimate based 
on updated information and to account for the COVID-19 anomalies.

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 FMP, other provisions of the Magnuson-Stevens Act 
and other applicable law.
    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    This final rule does not contain policies with federalism or 
``takings'' implications, as those terms are defined in E.O. 13132 and 
E.O. 12630, respectively.
    This action does not contain any collection-of-information 
requirements subject to the Paperwork Reduction Act.
    There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day 
delay in effective date. The start of the fishing year began on January 
1, 2023. This rule slightly increases the Illex squid DAH and 
reinstates the regulatory requirement to close the directed Illex 
fishery once a certain percentage of the DAH has been landed. A delay 
in implementing final measures would prevent any economic benefits from 
this rule from being realized and prevent achieving optimal yield in 
the summer fishing season currently underway. Importantly, if the 
regulations relating to Illex squid closures are not promptly 
reinstated and made effective, we may find ourselves unable to 
implement such action if that fishery approaches its DAH this summer, 
which could occur rapidly in such a high-volume fishery. Data in the 
longfin squid fishery that only recently became available indicates 
that a trimester II closure is imminent. This rule maintains the 
longfin squid specifications implemented in 2022 (87 FR 27952, May 10, 
2022) and the fishery would close at the same landings threshold being 
implemented in the 2023 specifications.
    However, if there is a delay in implementing the 2023 longfin squid 
specifications, the closure would occur

[[Page 48392]]

under the old specifications and would likely cause confusion within 
the industry that the fishery is reopening once the 2023 specifications 
become effective. In addition, this rule slightly reduces the 
butterfish ABC below the current specifications based on a recent 
butterfish stock assessment. Past performance suggests that this will 
not limit the fishery as recent landings have been and continue to 
remain lower than the reduced ABC, but there always remains a risk of 
overages with the fishery operating under the current higher 
specifications due to the nature of the butterfish fishery and the 
ability to catch high volumes of fish in a short amount of time. 
Lastly, this action reaffirms the chub mackerel specification currently 
in place for 2023, therefore, delaying implementation would be 
unnecessary and might add confusion for industry participants. In 
response to this action, unlike actions that require an adjustment 
period to comply with new rules, vessels will not have to purchase new 
equipment or otherwise expend time or money to comply with these 
management measures. Rather, complying with this final rule simply 
means adhering to the overall quotas for these fisheries and adjusted 
trip limits should such quotas be reached. Notably, fishery 
stakeholders have been involved in the development of this action and 
are anticipating this rule. Therefore, it is in the public interest to 
implement this final action as soon as possible.
    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.

List of Subjects 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: July 24, 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.  648.4, 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. 2023-15924 Filed 7-26-23; 8:45 am]
BILLING CODE 3510-22-P