[Federal Register Volume 88, Number 147 (Wednesday, August 2, 2023)]
[Rules and Regulations]
[Pages 50808-50809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16480]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 230724-0172; RTID 0648-XD211]


Fisheries of the Northeastern United States; Mackerel, Squid, and 
Butterfish Fishery; Longfin Squid 2023 Trimester II Quota Harvested

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

ACTION: Temporary rule; reduction of possession limit.

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

SUMMARY: NMFS is closing the directed longfin squid fishery through the 
remainder of 2023 Trimester II (May 1-August 31, 2023). This closure is 
required by regulation because NMFS projects that 90 percent of the 
longfin squid Trimester II quota will be caught by the effective date. 
This action is necessary to comply with the regulations implementing 
the Mackerel, Squid, and Butterfish Fishery Management Plan and is 
intended to prevent overharvest of longfin squid.

DATES: Effective 00:01 hours (hr) local time, August 2, 2023, through 
24 hr local time on August 31, 2023.

FOR FURTHER INFORMATION CONTACT: Maria Fenton, Fishery Management 
Specialist, (978) 281-9196.

SUPPLEMENTARY INFORMATION: The regulations at 50 CFR part 648 require 
specifications for maximum sustainable yield, initial optimum yield, 
allowable biological catch (ABC), domestic annual harvest (DAH), 
domestic annual processing, joint venture processing, and total 
allowable levels of foreign fishing for the species managed under the 
Mackerel, Squid, and Butterfish Fishery Management Plan (FMP). The 
procedures for setting the annual initial specifications are described 
in Sec.  648.22.
    In 2023, the longfin squid Trimester II quota was increased by 50 
percent to account for an underage in Trimester I catch. The remainder 
of the 2023 quota for longfin squid will become available on September 
1, 2023.
    When the Regional Administrator projects that 90 percent of the 
longfin squid Trimester II quota will be harvested before August 15, 
the regulations at Sec.  648.24(a)(1) require NMFS to close the 
directed fishery in Federal waters for longfin squid for the remainder 
of the trimester. Regulations at Sec.  648.26(b)(2)(iii) state that 
while such a closure is in effect, vessels are prohibited from fishing 
for, possessing, or landing more than 250 pounds (lb) (113.4 kilograms 
(kg)) of longfin squid at any time per trip, and from landing longfin 
squid more than once per calendar day, unless the vessel meets all the 
conditions described at Sec.  648.26(b)(2)(iv). The Regional 
Administrator monitors longfin squid fishery catch based on dealer 
reports, and other available information. Regulations at Sec.  
648.24(d) require that upon determining that a closure is necessary, 
NMFS must: Notify the Executive Directors of the Mid-Atlantic, New 
England, and South Atlantic Fishery Management Councils; notify permit 
holders at least 72 hr before the effective date of the closure; notify 
recreational participants in the fishery; and publish notification of 
the closure in the Federal Register.
    Based on dealer reports and other available information, the 
Regional Administrator has determined that 90 percent of the longfin 
squid Trimester II quota will be harvested by August 2, 2023. 
Therefore, except as described below, effective 00:01 hr local time on 
August 2, 2023, vessels may not fish for, possess, or land more than 
250 lb (113.4 kg) of longfin squid at any time per trip, and may only 
land longfin squid once per calendar day, through 24 hr local time on 
August 31, 2023. Vessels that enter port before 00:01 hr local time on 
August 2, 2023, may land and sell more than 250 lb (113.4 kg) of 
longfin squid from that trip.
    During Trimester 2, the regulations at Sec.  648.26(b)(2)(iv) 
provide an exception to the incidental limit specified above, such that 
vessels issued a Tier 1 or Tier 2 longfin squid moratorium permit may 
possess more than 250 lb (113.4 kg) of longfin squid per trip, provided 
that the vessel: Declares into the directed Illex fishery via its 
vessel monitoring system; fishes in the Illex Squid Exemption Area (as 
defined in Table 1 and at Sec.  648.23(a)(5)); possesses more than 
10,000 lb (4,535.9 kg) of Illex squid on board; and possesses less than 
15,000 lb (6,803.9 kg) (Tier 1 longfin squid moratorium permit) or 
5,000 lb (2,268.0 kg) (Tier 2 longfin squid moratorium permit) of 
longfin squid on board. All fishing gear must be stowed and rendered 
not available for immediate use as defined in Sec.  648.2 once such a 
vessel is landward of the coordinates defining the Illex Squid 
Exemption Area specified at Sec.  648.23(a)(5).

             Table 1--Illex Squid Exemption Area Coordinates
------------------------------------------------------------------------
           North latitude                       West longitude
------------------------------------------------------------------------
43[deg]58.0'                         67[deg]22.0'
43[deg]50.0'                         68[deg]35.0'
43[deg]30.0'                         69[deg]40.0'
43[deg]20.0'                         70[deg]00.0'
42[deg]45.0'                         70[deg]10.0'
42[deg]13.0'                         69[deg]55.0'
41[deg]00.0'                         69[deg]00.0'
41[deg]45.0'                         68[deg]15.0'
42[deg]10.0'                         67[deg]10.0'
41[deg]18.6'                         66[deg]24.8'
40[deg]55.5'                         66[deg]38.0'
40[deg]45.5'                         68[deg]00.0'
40[deg]37.0'                         68[deg]00.0'
40[deg]30.0'                         69[deg]00.0'
40[deg]22.7'                         69[deg]00.0'
40[deg]18.7'                         69[deg]40.0'
40[deg]21.0'                         71[deg]03.0'
39[deg]41.0'                         72[deg]32.0'
38[deg]47.0'                         73[deg]11.0'
38[deg]04.0'                         74[deg]06.0'
37[deg]08.0'                         74[deg]46.0'
36[deg]00.0'                         74[deg]52.0'
35[deg]45.0'                         74[deg]53.0'
35[deg]28.0'                         74[deg]52.0'
------------------------------------------------------------------------

    Also effective 00:01 hr local time on August 2, 2023, through 24 hr 
local time on August 31, 2023, federally permitted dealers may not 
purchase more than 250 lb (113.4 kg) of longfin squid from a federally 
permitted longfin squid vessel unless it is from a trip landed by a 
vessel that entered port before 00:01 hr local time on August 2, 2023; 
except that they may purchase up to 15,000 lb (6,803 kg) of longfin 
squid from vessels issued a Tier 1 longfin squid moratorium permit or 
5,000 lb (2,268 kg) from vessels issued a Tier 2 longfin squid 
moratorium permit if such vessels that were on a declared Illex squid 
trip in the Illex Squid Exemption Area and such vessels possess more 
than 10,000 lb (4,536 kg) of Illex squid on board.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    NMFS finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive prior 
notice and the opportunity for public comment because it would be 
contrary to the public interest and impracticable. The longfin squid 
Trimester II fishery opened for the 2023 fishing year on May 1, 2023. 
Data and other information indicating the longfin squid fleet will have 
landed at least 90 percent of the 2023 Trimester II quota have only 
recently become available. Landings data is updated on a weekly basis, 
and NMFS monitors catch data on a daily

[[Page 50809]]

basis as catch increases toward the limit. Further, high-volume catch 
and landings in this fishery increases total catch relative to the 
quota quickly. The regulations at Sec.  648.24(a)(1) require such 
action to ensure that longfin squid vessels do not exceed the 2023 
Trimester II quota. If implementation of this action is delayed to 
solicit prior public comment, the quota for this Trimester II may be 
exceeded, thereby undermining the conservation objectives of the FMP. 
Additionally, if the Trimester II quota is exceeded, the excess must be 
deducted from a future Trimester and would reduce future fishing 
opportunities. Furthermore, the public had prior notice and full 
opportunity to comment on this process when these provisions were put 
in place. Based on these considerations, NMFS further finds, pursuant 
to 5 U.S.C 553(d)(3), good cause to waive the 30-day delayed 
effectiveness period for the reasons stated above.
    Authority: 16 U.S.C. 1801 et seq.

    Dated: July 28, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-16480 Filed 7-28-23; 4:15 pm]
BILLING CODE 3510-22-P