[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]
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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.
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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
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North latitude West longitude
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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'
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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