[Federal Register Volume 89, Number 72 (Friday, April 12, 2024)]
[Rules and Regulations]
[Pages 25820-25822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07650]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 240405-0100]
RIN 0648-BM84


Fisheries of the Northeastern United States; 2024 and Projected 
2025 Specifications for the Atlantic Mackerel Fishery

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 2024 specifications and 
projected 2025 specifications for Atlantic mackerel as recommended by 
the Mid-Atlantic Fishery Management Council. These specifications 
establish allowable harvest levels that will prevent overfishing, 
consistent with the most recent scientific information.

DATES: Effective April 12, 2024.

ADDRESSES: A Supplemental Information Report (SIR) was prepared for 
these specifications. Copies of the SIR are available on request from 
Dr. Christopher M. Moore, Executive Director, Mid-Atlantic Fishery 
Management Council, Suite 201, 800 North State Street, Dover, DE 19901. 
The SIR is also accessible via the internet at https://www.mafmc.org/supporting-documents.
    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: Carly Bari, Fishery Policy Analyst, 
(978) 281-9150, or [email protected].

SUPPLEMENTARY INFORMATION:

General Background

    The Mid-Atlantic Fishery Management Council (Council) manages the 
Atlantic mackerel fishery under the Mackerel, Squid, and Butterfish 
Fishery Management Plan (FMP). The regulations implementing the FMP 
require the Council's Mackerel, Squid, and Butterfish Monitoring 
Committee to develop specification 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, the Council sets specifications for up to 3 years. These 
specifications are reviewed annually and may be revised by the Council 
based on updated information.
    The Council's final action on these specifications was delayed to 
its December 2023 meeting because the 2023 Atlantic mackerel stock 
assessment required additional peer review in late fall 2023 after the 
assessment indicated a change in the stock status. The stock status 
changed from experiencing overfishing to not experiencing overfishing. 
Although this change in stock status may appear to reflect an 
improvement in stock condition, the change is the result of significant 
catch reductions that were implemented in 2021, 2022, and 2023.
    The preliminary stock assessment, which was still subject to peer 
review, showed an unexpected failure of the Atlantic mackerel stock to 
rebuild, and updated projections suggested that Atlantic mackerel 
overfishing could occur in 2023 if the full Atlantic mackerel 
commercial quota (i.e., 3,639 metric tons (mt)) was harvested. However, 
because the peer review of the assessment was not complete, the SSC was 
unable to provide its ABC recommendation and the Council was unable to 
make its recommendations on the 2024 specifications. Based on the 
preliminary assessment information, however, the Council requested at 
its August 2023 meeting that NMFS take emergency action to limit the 
directed Atlantic mackerel fishery for the remainder of 2023 and until 
these specifications are implemented. On October 13, 2023, NMFS 
published an interim rule that reduced the Atlantic mackerel catch by 
instituting trip limits of 20,000 pounds (lb) (9.08 mt) for limited 
access permits and 5,000 lb (2.27 mt) for open access permits (see 88 
FR 70909). These interim measures expire upon publication of this rule 
or on April 10, 2024, whichever is sooner.

2024 and Projected 2025 Specifications

    The Council's SSC met in October 2023 to review the peer-reviewed 
management track assessment, which showed an unexpected failure of the 
Atlantic mackerel stock to rebuild. Based on this information, the SSC 
recommended an averaged 2024-2025 ABC of 3,200 mt. These specifications 
also include deductions for the expected Canadian catch of 74 mt, 
estimated recreational catch of 2,143 mt, and estimated commercial 
discards of 115 mt to set a commercial quota of 868 mt. This commercial 
quota is a 76-percent decrease from the original 2023 commercial quota.

  Table 1--Summary of 2024 and Projected 2025 Atlantic Mackerel Fishery
                             Specifications
------------------------------------------------------------------------
                     Specifications                         Metric tons
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ABC/ACL.................................................           3,200
Canadian Catch Deduction................................              74
Recreational Catch Deduction............................           2,143
Commercial Discards.....................................             115
Commercial Quota........................................             868
------------------------------------------------------------------------

    Because of the low-resulting commercial quota, these specifications 
also implement reduced Atlantic mackerel catch by instituting trip 
limits of 20,000 lb (9.08 mt) for all limited access permits and 5,000 
lb (2.27 mt) for open access permits. These trip limits are unchanged 
from those in the interim rule. When 80 percent of the commercial quota 
is harvested, the trip limits will be further reduced to 10,000 lb 
(4.54 mt) for all limited access permits and 2,500 lb (1.13 mt) for 
open access permits. The recreational possession limit will remain 
status quo at 20 fish per person.
    On February 1, 2023, NMFS approved Amendment 23 to the Mackerel, 
Squid, and Butterfish FMP and implemented a revised rebuilding plan for 
the Atlantic mackerel stock (see 88 FR 6665). The reductions in ABC and 
trip limits included in this rule were determined to be necessary to 
maintain the timeline by which the Atlantic mackerel stock is

[[Page 25821]]

rebuilt by 2032 as outlined in Amendment 23.

Changes From the Proposed Rule

    There are no changes from the proposed rule.

Proposed Rule Comments and Responses

    We received six public comments on the proposed rule. Three 
comments were in support of the proposed specifications to reduce 
Atlantic mackerel catch to allow the stock to rebuild. One comment 
asked how we would enforce these trip limits. We will continue to 
enforce trip limits as we are currently, with enforcement tools on the 
water and at the docks, and by reviewing landings reports submitted by 
dealers and permit owners. Three comments were not relevant to this 
action.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery 
Conservation and Management Act (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.
    This final rule has been determined to be not significant for 
purposes of Executive Order (E.O.) 12866.
    This final rule does not contain policies with federalism or 
``takings'' implication, 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 Council adopted these specifications on 
December 13, 2023, and submitted a preliminary draft of the 
supplemental information report on January 3, 2024. Substantial edits 
to the economic analysis were required for regional economist clearance 
for the Regulatory Flexibility Act, E.O. 12866, and E.O. 14094. The 
NMFS regional economist provided clearance on February 9, 2024. After 
incorporating that economic analysis into the proposed rule document 
and having the rule reviewed by regional staff, the rule was submitted 
to NMFS headquarters on February 16, 2024 and the proposed rule was 
published on February 28, 2024. The comment period for the proposed 
rule closed on March 14, 2024. Regional staff submitted the final rule 
to NMFS headquarters on March 28, 2024. NMFS then submitted the rule to 
Commerce's Office of the General Counsel for review on April 2, 2024. 
Thus, NMFS has taken all diligent steps to promulgate this rule as 
quickly as possible but could not have published the rule sooner 
because the data necessary for the Council to develop these 
specifications was not yet finalized.
    The start of the fishing year began on January 1, 2024, and the 
interim measures currently in place to reduce Atlantic mackerel catch--
including reduced trip limits--will expire on April 10, 2024. A delay 
in implementing final measures may result in substantial Atlantic 
mackerel catch because trip limits would revert to the default of 
unlimited catch for Tier 1 limited access permits, 135,000 lb (61.23 
mt) for Tier 2 limited access permits, 100,000 lb (45.36 mt) for Tier 3 
limited access permits, and 20,000 lb (9.08 mt) for open access 
permits. Allowing catch at these levels in the high-volume mackerel 
fishery, even for a short time period, could result in exceeding the 
commercial quota and overfishing limit, and have devastating impacts on 
the rebuilding of the Atlantic mackerel stock. Moreover, unlike actions 
that require an adjustment period to comply with new gear requirements, 
this action does not require permit holders to purchase new equipment 
or otherwise expend time or money to comply with this action's 
management measures. Rather, compliance with this final rule simply 
means adhering to trip limits applicable to permit tiers. It is in the 
public interest to implement this final action as soon as possible, and 
the Assistant Administrator finds good cause to waive the 30-day delay 
in the date of effectiveness and to implement this rule upon the date 
of publication in the Federal Register.
    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 in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: April 5, 2024.
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.  648.24, revise paragraphs (b)(1)(i) and (ii) to read as 
follows:


Sec.  648.24  Fishery closures and accountability measures.

* * * * *
    (b) * * *
    (1) * * *
    (i) Unless otherwise determined in paragraph (b)(1)(ii) of this 
section, NMFS will close the commercial Atlantic mackerel fishery, 
which includes vessels issued an open access or limited access Atlantic 
mackerel permit, in the EEZ when the Regional Administrator projects 
that 80 percent of the Atlantic mackerel DAH is harvested. 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.
    (ii) NMFS has the discretion to not implement measures outlined in 
paragraphs (b)(1)(i) 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
3. In Sec.  648.26, revise paragraphs (a) to read as follows:


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

    (a) Atlantic mackerel--(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 5,000 lb (2.27 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, 2, or 3 limited access mackerel 
permit is authorized to fish for, possess, or land up to 20,000 lb 
(9.098 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

[[Page 25822]]

beginning at 0001 hours and ending at 2400 hours, provided that the 
fishery has not been closed because of a commercial fishery closure, as 
specified in Sec.  648.24(b)(1).
    (ii) A vessel issued an open access Atlantic mackerel permit may 
fish for, possess, or land up to 5,000 lb (2.27 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 commercial fishery 
closure as specified in Sec.  648.24(b)(1).
    (iii) Both vessels involved in a pair trawl operation must be 
issued a valid Atlantic mackerel permit to fish for possess, or land 
Atlantic mackerel in the EEZ. Both vessels must be issued the Atlantic 
mackerel permit appropriate for the amount of Atlantic mackerel jointly 
possessed by both of the vessels participating in the pair trawl 
operation.
    (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 commercial fishery closure, then the Atlantic mackerel possession 
restrictions specified in Sec.  648.26(a)(2)(iii) shall remain in place 
for the rest of the fishing year.
    (i) Limited Access Fishery. During a closure of the commercial 
Atlantic mackerel fishery pursuant to Sec.  648.24(b)(1)(i), when 80 
percent of the DAH is harvested, vessels issued a Tier 1, 2, or 3 
limited access Atlantic mackerel permit, may not take and retain, 
possess, or land more than 10,000 lb (4.54 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 80 percent of 
the DAH is harvested, vessels issued an open access Atlantic mackerel 
permit may not take and retain, possess, or land more than 2,500 lb 
(1.13 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) 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. 2024-07650 Filed 4-11-24; 8:45 am]
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