Fisheries of the Northeastern United States; 2024-2026 Specifications for the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan

• Published date: 19 April 2024
• FR Document: 2024-08367
• Citation: 89 FR 28713
• Pages: 28713-28715
• Section: Proposed rules
• Issuer: Commerce Department,National Oceanic and Atmospheric Administration,National Oceanic And Atmospheric Administration

Federal Register, Volume 89 Issue 77 (Friday, April 19, 2024)

[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]
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                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