[Federal Register Volume 89, Number 77 (Friday, April 19, 2024)]
[Proposed Rules]
[Pages 28713-28715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08367]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 240408-0102]
RIN 0648-BM79


Fisheries of the Northeastern United States; 2024-2026 
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 the 2024-2026 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 2024 Illex squid and 2024-2026 longfin squid specifications and 
reaffirms the 2024 chub mackerel and butterfish specifications. The 
implementing regulations for the Mackerel, Squid, and Butterfish 
Fishery Management Plan require us to publish specifications every 
fishing year for each of these species and to provide an opportunity 
for public comment. The proposed specifications are intended to 
establish allowable harvest levels that will prevent overfishing, 
consistent with the most recent scientific information.

DATES: Public comments must be received by May 20, 2024.

ADDRESSES: Copies of supporting documents used by the Mid-Atlantic 
Fishery Management Council, including the draft Supplemental 
Information Report (SIR) 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.
    A plain language summary of this proposed rule is available at 
https://www.regulations.gov/docket/NOAA-NMFS-2023-0154. You may submit 
comments on this document, identified by NOAA-NMFS-2023-0154, by the 
following method:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Visit https://www.regulations.gov and NOAA-NMFS-2023-0154 in the Search box. Click on 
the ``Comment'' icon, complete the required fields, and enter or attach 
your comments.
    Instructions: Comments sent by any other method, to any other 
address or individual, 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 
https://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: Louis Forristall, Fishery Management 
Specialist, (978) 281-9321.

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 longfin and Illex squid, and reaffirms previously 
announced projected specifications for butterfish and chub mackerel. 
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 (Council) 
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 July 27, 2023 (88 FR 48389), NMFS published a final rule in the 
Federal Register implementing the 2023 specifications for the chub 
mackerel, butterfish, longfin squid, and Illex squid fisheries. This 
included projected 2024 specifications for butterfish and projected 
2024-2025 specifications for chub mackerel.
    The Council's SSC met in March, May, and July 2023 to reevaluate 
the longfin squid, Illex squid, chub mackerel, and butterfish 2024 
specifications based upon the latest information. At those meetings, 
the SSC concluded that no adjustments to these species' ABCs were 
warranted.

Proposed 2024-2026 Longfin Squid Specifications

    NMFS proposes to maintain the 2023 longfin squid ABC of 23,400 
metric tons

[[Page 28714]]

(mt) for the 2024 fishing year, and projects the same ABC for the 2025-
2026 fishing years. 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 from the ABC. At its July 2023 
meeting, the Mackerel, Squid and Butterfish Monitoring Committee 
recommended to increase the discard rate from 2 percent to 2.16 
percent, therefore increasing the discard set-aside from 468 mt to 
506.3 mt. This results in a 2024 IOY, DAH, and DAP of 22,893.7 mt (see 
table 1), which is a .17 percent decrease from the 2023 IOY, DAH and 
DAP of 22,932 mt. The Council adopted these recommendations at its 
August 2023 meeting, and NMFS concurs. NMFS and the Council will review 
these specifications during future annual specifications processes 
following data updates each spring. The 2025 specifications could 
change if new information becomes available.

     Table 1--2024-2026 Longfin Squid Specifications in Metric Tons
------------------------------------------------------------------------
                                                             2025-2026
              Specification                    2024         (projected)
------------------------------------------------------------------------
OFL.....................................         Unknown         Unknown
ABC.....................................          23,400          23,400
IOY.....................................        22,893.7        22,893.7
DAH/DAP.................................        22,893.7        22,893.7
------------------------------------------------------------------------


         Table 2--2024-2026 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 2024 Illex Squid Specifications

    NMFS proposes to maintain the 2023 Illex squid ABC of 40,000 mt for 
the fishing year 2024, in alignment with the Council's recommendation. 
Based on the Council's recommendation, NMFS proposed that the rate used 
to calculate the discard set-aside be reduced from 4.53 percent to 3.42 
percent, based on bycatch data from fishing years 2018-2019. Fishing 
years 2018-2019 were used because those were the most recent years 
where the full Illex quota was caught. This results in a 2024 IOY, DAH, 
and DAP of 38,631 mt (table 3), which is a slight increase from the 
2023 IOY, DAH, and DAP of 38,192 mt.

    Table 3--Proposed 2024 Illex Squid Specifications in Metric Tons
------------------------------------------------------------------------
                      Specification                            2024
------------------------------------------------------------------------
OFL.....................................................         Unknown
ABC.....................................................          40,000
IOY.....................................................          38,631
DAH/DAP.................................................          38,631
------------------------------------------------------------------------

Reaffirmation of 2024 Butterfish Specifications

    As part of the 2023-2025 multiyear specifications for butterfish, 
NMFS implemented projected specifications that would decrease the ABC 
by 12.7 percent, from 17,267 mt in 2023 to 15,764 mt in 2024, and the 
available quota from 11,271 mt in 2023 to 9,844 mt in 2024. Even with 
this reduction, the proposed 2024 butterfish quota is still above 
recent catch levels. After reviewing recent biological data, fishery 
performance, and recommendations from staff, the Mackerel, Squid, 
Butterfish Advisory Panel, and the SSC, the Council decided to reaffirm 
the previously-set 2024 specifications at its June 2023 meeting, and 
NMFS proposes to reaffirm the 2024 specifications in this rule.

     Table 4--Proposed 2024 Butterfish Specifications in Metric Tons
------------------------------------------------------------------------
                      Specification                            2024
------------------------------------------------------------------------
OFL.....................................................          16,096
ABC/ACL.................................................          15,764
Annual Catch Target (ACT)...............................          14,976
Assumed discards........................................           1,248
Total discards..........................................           5,132
Butterfish cap in longfin...............................           3,884
DAH.....................................................           9,844
------------------------------------------------------------------------

Reaffirmation of 2024 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. The Council reevaluated 
these specifications again at its June 2023 meeting and decided to make 
no adjustments for the 2024 fishing year. NMFS, in agreement with the 
Council's recommendation, proposes to set the previously implemented 
specifications for 2024 and projects the same for 2025.

  Table 5--Proposed 2024-2025 Atlantic Chub Mackerel Specifications in
                               Metric Tons
------------------------------------------------------------------------
                      Specification                          2024-2025
------------------------------------------------------------------------
ABC.....................................................           2,300
Annual Catch Limit (ACL)................................           2,262
ACT.....................................................           2,171
Total Allowable Landings................................           2,041
------------------------------------------------------------------------

Classification

    NMFS is issuing this rule pursuant to section 305(d) of the 
Magnuson-Stevens Act. Consistent with Magnuson-Stevens Act section 
305(d), this action is necessary to carry out the Mackerel, Squid, and 
Butterfish FMP in accordance with the FMP's implementing regulations. 
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

[[Page 28715]]

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 
squid permits.
    Vessels issued open access incidental catch permits for these 
species would not be affected by this action, because there are no 
proposed changes to the incidental trip limits for any species. 
Additionally, vessels holding chub mackerel permits would not be 
affected because there are no new changes proposed for that species.
    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 2023, 292 
separate vessels held commercial limited access squid permits. 
Approximately 215 entities owned those vessels, and based on current 
SBA size standards, 205 would be small business entities. Fishing 
revenue and, therefore, economic impacts of annual 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. Chub mackerel would be maintained at status 
quo; butterfish quotas, which were previously approved in 2023 as 
projected specifications, would decrease from 2023 levels by 12.7 
percent; longfin quotas would decrease by 0.17 percent; and Illex squid 
quotas would increase by 1.15 percent. This action would generally 
maintain the current squid specifications and there is no information 
that the action would impact small businesses differently than large 
businesses, or that it would unduly inhibit the ability of small 
entities to compete. To avoid exceeding the longfin squid ABC, the 
quota would be reduced by 0.17 percent to better account for potential 
discards, a negligible amount or impact, especially considering that 
the fishery rarely lands its quota. Although butterfish quotas would be 
reduced, the fishery has landed less than 75 percent of the DAH for the 
past several years, so 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, NMFS 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 
because 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 on 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.

    Dated: April 15, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2024-08367 Filed 4-18-24; 8:45 am]
BILLING CODE 3510-22-P