[Federal Register Volume 89, Number 150 (Monday, August 5, 2024)]
[Proposed Rules]
[Pages 63394-63397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17037]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 240726-0205]
RIN 0648-BN02


Fisheries of the Northeastern United States; Framework Adjustment 
16 to the 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.

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SUMMARY: NMFS proposes regulations to implement Framework Adjustment 16 
to the Mackerel, Squid, and Butterfish Fishery Management Plan. 
Framework 16 was developed by the Mid-Atlantic Fishery Management 
Council to establish a volumetric hold baseline for limited access 
Illex squid vessels, clarify Illex squid reporting requirements, and 
allow NMFS to collect information on the vessel processing type for 
Illex and longfin squid vessels. This action is necessary to restrict 
future increases in the capacity of the Illex squid fishery and to gain 
more accurate catch information to inform stock assessments.

DATES: Comments must be received on or before Tuesday, August 20, 2024.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2024-0060, by the following method:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and 
enter NOAA-NMFS-2024-0060 in the Search box (note: copying and pasting 
the FDMS Docket Number directly from this document may not yield search 
results). 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 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).
    The Mid-Atlantic Fishery Management Council prepared a Framework 16 
document that describes the proposed action and other alternatives 
considered. Copies of this document including the preliminary 
Regulatory Impact Review, and the Regulatory Flexibility Act analysis, 
are available from: Dr. Christopher M. Moore, Executive Director, Mid-
Atlantic Fishery Management Council, Suite 201, 800 North State Street, 
Dover, DE 19901. The document is also accessible via the internet at 
https://www.mafmc.org/supporting-documents.

FOR FURTHER INFORMATION CONTACT: Maria Fenton, Fishery Policy Analyst, 
(978) 281-9196, or [email protected].

SUPPLEMENTARY INFORMATION:

General Background

    In 2019, the Mid-Atlantic Fishery Management Council (Council) 
initiated Amendment 22 to the Mackerel, Squid, and Butterfish Fishery 
Management Plan (FMP). The intent of this action was to revise the 
number and type of Illex squid permits to address the negative effects 
from a perceived race to fish after the fishery closed in August or 
September from 2017 to 2021 when the annual quota had been caught. 
However, NMFS ultimately disapproved Amendment 22 on September 7, 2022, 
because the agency concluded that the record supporting the Council's 
proposal was not adequate or sufficient to support a decision to 
further restrict the number and types of permits in the Illex squid 
fishery in light of the Magnuson-Stevens Fishery Conservation and 
Management Act's (Magnuson-Stevens Act) National Standards, Amendment 
22's stated purpose and need, and the goals and objectives of the FMP. 
Following the disapproval of Amendment 22, the Council decided to move 
forward with Framework 16 in order to address potential latent effort 
in the Illex squid fishery. The Council adopted proposed Framework 16 
measures at its October 2023 meeting with the goal of capping fishing 
power in the Illex squid fishery.

Proposed Measures

    The Magnuson-Stevens Act requires NMFS to approve, partially 
approve, or disapprove measures proposed by the Council. The Magnuson-
Stevens Act also requires NMFS to publish proposed rules for public 
comment after preliminarily determining whether the measures are 
consistent with applicable law. NMFS is proposing and seeking comment 
on the measures in Framework Adjustment 16, as recommended by the 
Council.

1. Volumetric Hold Baseline for Limited Access Illex Squid Vessels

    This action proposes establishing a volumetric hold baseline for 
limited access Illex squid vessels in order to restrict future 
increases in capacity in this fishery. This would be a vessel baseline 
measurement in addition to the standard horsepower and length baseline 
measures required for all federally permitted vessels in the Greater 
Atlantic Region. If NMFS implements the proposed volumetric hold 
baseline requirement for limited access Illex squid permit holders 
through a subsequent final rule, a

[[Page 63395]]

vessel's fish hold capacity measurement would need be certified by a 
qualified individual or entity as specified in the proposed regulation 
text. The fish hold capacity measurement would need to be submitted to 
NMFS and must include a signed certification by the qualified 
individual or entity within 12 months of the implementation of the 
final rule for this action. A similar volumetric hold baseline 
requirement was implemented for Tier 1 and Tier 2 Atlantic mackerel 
permit holders through Amendment 11 to the Mackerel, Squid, and 
Butterfish FMP in 2011 (76 FR 86842). If a vessel already possesses a 
volumetric hold baseline related to its Tier 1or Tier 2 Atlantic 
mackerel permit, that hold baseline could be incorporated for its 
limited access Illex squid permit as well.
    If a limited access Illex squid permit is in Confirmation of Permit 
History (CPH) when fish hold capacity measurements are due, the default 
volumetric hold baseline for that CPH permit would be established based 
on the fish hold capacity measurement of the first replacement vessel 
greater than 20 ft (6.09 m) after the permit is removed from CPH (at 
which point the vessel's fish hold would have to be measured under the 
certification requirements before fishing under the permit). If a 
permit in CPH already had an existing fish hold capacity measurement 
for the vessel immediately preceding the permit's placement into CPH 
which met the measurement certification requirements, that fish hold 
capacity measurement could be used to establish a volumetric hold 
baseline for the Illex squid permit within the implementation period.
    Replacement or upgraded vessels' re-certified fish hold capacity 
measurements could not exceed 110 percent of the permit's volumetric 
hold baseline (i.e., there could only be an increase of 10 percent 
beyond the volumetric hold baseline). The modified fish hold, or the 
fish hold of the replacement vessel, would have to be surveyed by a 
qualified surveyor as described in the proposed regulation text, unless 
the replacement vessel already had an appropriate fish hold capacity 
measurement on file with NMFS.

2. Illex and Longfin Squid Processing Type

    This action also proposes to allow NMFS to collect information on 
the vessel processing type for Illex squid moratorium permits and Tier 
1 longfin squid permits to help analyze the catch per unit effort for 
these fisheries. This information would be collected annually through 
the permit renewal application process. When these vessels submit their 
permit renewal application, they would need to indicate the vessel 
processing type (i.e., freezing at-sea, refrigerated sea water, or 
fresh/iced) that they primarily intend to use for the coming fishing 
year.

3. Illex Squid Vessel Reporting Clarifications

    Finally, this action proposes to clarify that limited access Illex 
squid vessels are required to report daily via the vessel monitoring 
system (VMS) while on a declared Illex squid trip. This clarification 
was requested by the Council during the development of Amendment 22, 
but due to the disapproval of that action (for reasons that had nothing 
to do with this reporting adjustment), NMFS committed to address this 
clarification in this action instead. These daily catch reports would 
include the amount of retained and discarded Illex squid and total 
pounds of all fish retained. These reports need to be submitted in 24-
hr intervals for each day and must be submitted by 0900 hr on the 
following day. Reports are required even if Illex squid caught that day 
have not yet been landed.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, 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. In making a 
final determination, NMFS will take into account the data, views, and 
comments received during the comment period.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order (E.O.) 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities.
    The Council conducted an evaluation of the potential socioeconomic 
impacts of the proposed measures included in this rule. This proposed 
action would have the potential to affect vessels that hold limited 
access Illex and longfin squid permits. The analysis found that in 
2023, there were 180 affiliates that held such permits, and 173 were 
small business entities and 7 were classified as large business 
entities. A business primarily engaged in commercial fishing is 
classified as a small business if it is independently owned and 
operated, is not dominant in its field of operation (including its 
affiliates), and has combined annual receipts not in excess of $11 
million for all its affiliated operations worldwide (North American 
Industry Classification System Code 11411).
    The primary impact for regulated entities involves the cost of a 
survey to document vessel hold size. This would affect the 46 Illex 
squid permits that do not also have a similar requirement related to 
their existing Atlantic mackerel permit. The cost of a marine surveyor 
to measure a vessel's fish hold could cost approximately $10-$80 per 
foot of vessel length, which could range from $750-$6,000 for a 75-ft 
(22.9 m) vessel to $1,500-$12,000 for a 150-ft (45.7 m) vessel, 
depending on the surveyor, the boat design, and travel expenses. To the 
extent that surveys are already required for insurance purposes these 
costs may be already part of a vessel's operating costs. Given the 
overall costs of operating a fishing vessel, these one-time costs do 
not appear to be a significant impact on a substantial number of small 
entities. The vessel hold baseline upgrade restriction also limits how 
vessels may be re-configured or replaced. However, in the foreseeable 
future, a substantial number of small entities are unlikely to undergo 
extensive re-configurations or replacements as vessels are already 
restricted by their length overall and horsepower.
    The additional reporting requirements and annual reporting 
requirement for processing type should be a negligible addition to 
existing documentation requirements.
    This proposed rule contains collection-of-information requirements 
subject to review and approval by the Office of Management and Budget 
under the Paperwork Reduction Act (PRA). This rule revises the existing 
requirements for the collection of information 0648-0202, Greater 
Atlantic Region Permit Family of Forms.
    This action proposes that limited access Illex squid vessels obtain 
a vessel hold measurement and submit that documentation to NMFS. There 
are 46 limited access Illex squid permits that do not currently have a 
vessel hold measurement on file with NMFS, the remaining Illex squid 
permits already have a vessel hold measurement on file due to the same 
requirement for their Tier 1 or Tier 2 Atlantic mackerel permit. The 
burden estimate for verifying vessel specifications is 3 hours

[[Page 63396]]

per vessel therefore the total burden hours would be 138 hours. The 
hourly wage rate is $33.78 which would result in a wage burden increase 
of $4,661.64 (138 hours x $33.78).
    The costs and burden hours for daily VMS reporting in the Illex 
squid fishery have already been calculated and received public comments 
through a previous action. Therefore the changes in this proposed rule 
are simply a clarification of existing regulatory requirements and do 
not need additional approval through the PRA. The reporting of the 
vessel processing type that is proposed in this action will be on the 
permit renewal form and will add an negligible additional burden 
amounting to no cost, therefore it also does not need additional 
approval through the PRA.
    Public comment is sought regarding: whether this proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; the accuracy of the burden estimate; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology. Submit comments on 
these or any other aspect of the collection of information at 
www.reginfo.gov/public/do/PRAMain.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to 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, Reporting and recordkeeping requirements.

     Dated: July 29, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS proposes to amend 50 
CFR part 648 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, revise paragraphs (a)(5)(ii)(F) and (H), and add 
paragraphs (c)(2)(viii) and (ix) to read as follows:


Sec.  648.4  Vessel permits.

* * * * *
    (a) * * *
    (5) * * *
    (ii) * * *
    (F) Upgraded vessel. See paragraph (a)(1)(i)(F) of this section. In 
addition for moratorium Illex squid permits, the replacement vessel's 
volumetric hold capacity may not exceed by more than 10 percent the 
volumetric fish hold capacity of the vessel's baseline specifications. 
The modified fish hold, or the fish hold of the replacement vessel, 
must be surveyed by a surveyor (accredited as in paragraph 
(a)(5)(ii)(H) of this section) and submitted to NMFS unless the 
replacement vessel already had an appropriate certification.
* * * * *
    (H) Vessel Baseline specifications.
    (1) The volumetric fish hold capacity of vessels with an Illex 
squid moratorium permit will be considered a vessel baseline 
specification in addition to the baseline specifications set forth in 
paragraph (a)(3)(i)(H) of this section. Volumetric fish hold capacity 
for vessels with moratorium Illex squid permit must be established not 
later than [DATE 395 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE IN 
THE FEDERAL REGISTER] if not previously established as specified in 
paragraphs (a)(5)(ii)(H)(2) of this section. The fish hold capacity 
measurement must be certified by one of the following qualified 
individuals or entities: An individual credentialed as a Certified 
Marine Surveyor with a fishing specialty by the National Association of 
Marine Surveyors (NAMS); an individual credentialed as an Accredited 
Marine Surveyor with a fishing specialty by the Society of Accredited 
Marine Surveyors (SAMS); employees or agents of a classification 
society approved by the Coast Guard pursuant to 46 U.S.C. 3316(c); the 
Maine State Sealer of Weights and Measures; a professionally-licensed 
and/or registered Marine Engineer; or a Naval Architect with a 
professional engineer license. The fish hold capacity measurement 
submitted to NMFS as required in this paragraph (a)(5)(ii)(H)(1) must 
include a signed certification by the individual or entity that 
completed the measurement, specifying how they meet the definition of a 
qualified individual or entity. If the vessel's permit suite does not 
include a Tier 1 or Tier 2 limited access Atlantic mackerel permit for 
which a volumetric fish hold capacity baseline has been established, 
the permit is not in CPH, or the volumetric hold measurement is not 
submitted as established by the date listed above, the subsequent 
moratorium Illex squid permit renewal application may be deemed 
incomplete until the volumetric hold measurement has been established.
    (2) If an Illex squid vessel already possesses a volumetric hold 
baseline related to its Tier 1 or Tier 2 limited access Atlantic 
mackerel permit as specified in paragraph (a)(3)(iii)(H)(1), that 
measurement will automatically apply as a baseline specification for 
its Illex squid moratorium permit.
    (3) If an Illex squid permit in CPH has an existing volumetric hold 
measurement pursuant to paragraph (a)(5)(ii)(H)(1) of this section for 
the vessel immediately preceding the permit's placement into CPH, that 
volumetric hold measurement may be used to establish a vessel hold 
baseline specification not later than [DATE 395 DAYS AFTER DATE OF 
PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER]. In the alternative, 
if an Illex squid permit is in CPH, the volumetric hold capacity 
baseline may be the hold capacity of the first replacement vessel 
greater than 20 ft (6.09 m) after the permits are removed from CPH. 
Hold capacity for the replacement vessel must be measured pursuant to 
paragraph (a)(5)(ii)(H)(1) of this section.
* * * * *
    (c) * * *
    (2) * * *
    (viii) The owner of a vessel that has been issued a limited access 
Illex squid permit must submit a volumetric hold certification 
measurement, as described paragraph (a)(5)(ii)(H) of this section, 
otherwise the permit application for 2026 will be considered 
incomplete.
    (ix) An application for limited access Illex squid and Tier 1 
longfin squid permit must also contain the primary vessel processing 
type for the coming fishing year.
* * * * *
0
3. In Sec.  648.7, add paragraph (b)(3)(iv) to read as follows:


Sec.  648.7  Record keeping and reporting requirements.

* * * * *
    (b) * * *
    (3) * * *
    (iv) Illex squid moratorium permit owners or operators. The owner 
or operator of a vessel issued an Illex squid moratorium permit must 
report catch (retained and discarded of Illex squid daily via VMS, 
unless exempted by the Regional Administrator. The report must include 
at least the following information, and any other information required 
by the Regional Administrator: Electronic Vessel Trip Report Trip

[[Page 63397]]

Identifier; month, day, and year Illex squid was caught; total pounds 
of Illex squid retained and total pounds of all fish retained. Daily 
Illex squid VMS catch reports must be submitted in 24-hr intervals for 
each day and must be submitted by 0900 hr on the following day. Reports 
are required even if Illex squid caught that day have not yet been 
landed. This report does not exempt the owner or operator from other 
applicable reporting requirements of this section.
* * * * *
[FR Doc. 2024-17037 Filed 8-2-24; 8:45 am]
BILLING CODE 3510-22-P