Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Rules and Regulations 70909 

(3) When the driver has been relieved 

of all duty and responsibilities upon 

termination of direct assistance to an 

emergency relief effort, no motor carrier 

shall permit or require any driver used 

by it to drive, nor shall any such driver 

drive in commerce, until the driver has 

met the requirements of §§ 395.3(a) and 

(c) and 395.5(a) of this chapter. 

■ 5. Revise § 390.25 to read as follows: 

§ 390.25 Extension or Modification of relief 

from regulations—emergencies. 

(a) FMCSA may extend the period of 

the regulatory relief or modify the scope 

of emergency relief contained in 

§ 390.23. Interested parties may also 

request an extension or modification by 

providing a detailed explanation of the 

need for an extension or modification of 

the relief. Any interested party seeking 

to extend the period of regulatory relief 

shall send its request to the FMCSA 

emergency declarations mailbox, 

FMCSAdeclaration@dot.gov, before the 

expiration of the period of relief. 

FMCSA will determine if such relief is 

necessary by evaluating the 

circumstances of the ongoing 

emergency, the need for relief, and the 

nature of the relief to be provided. 

(b) If FMCSA initiates or approves an 

extension of the regulatory relief, it shall 

establish a new time limit and may 

place terms and conditions on motor 

carriers or drivers relying upon the 

continued or modified relief. These 

terms and conditions may include 

reporting requirements. 

Issued under authority delegated in 

49 CFR 1.87. 

Robin Hutcheson, 

Administrator. 

[FR Doc. 2023–22538 Filed 10–12–23; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 231006–0241] 

RIN 0648–BM61 

Fisheries of the Northeastern United 

States; Temporary Measures To 

Reduce 2023 Atlantic Mackerel Catch 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; interim 

measures; request for comments. 

SUMMARY: This temporary rule 

implements interim measures to reduce 

Atlantic mackerel catch for the 

remainder of the 2023 fishing year and 

the beginning of the 2024 fishing year to 

reduce the likelihood of overfishing 

based on new assessment information 

regarding the status of the Atlantic 

mackerel stock. This action is intended 

to reduce potential Atlantic mackerel 

overfishing through the end of 2023 and 

the beginning of 2024 while the 2024 

specifications are developed. We will be 

collecting comments on the changes in 

per-trip catch limits to help inform 

future decisions on this topic. 

DATES: Effective October 12, 2023, 

through April 10, 2024. Comments must 

be received by November 13, 2023. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2023–0119 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–2023–0119 in the Search 

box. Click on the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

Instructions: Comments sent by 

another 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.regulation.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 supporting documents for the 

action, are available upon request from 

Dr. Christopher M. Moore, Executive 

Director, Mid-Atlantic Fishery 

Management Council, Suite 201, 800 N 

State Street, Dover, DE 19901. These 

documents are also accessible via the 

internet at https://www.mafmc.org. 

FOR FURTHER INFORMATION CONTACT: 

Carly Bari, Fishery Policy Analyst, (978) 

281–9150. 

SUPPLEMENTARY INFORMATION: 

Background 

The Mid-Atlantic Fishery 

Management Council manages the 

Atlantic mackerel fishery under the 

Mackerel, Squid, and Butterfish (MSB) 

Fishery Management Plan (FMP). 

Section 305(c) of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) allows the 

Secretary to implement interim 

measures to reduce or address 

overfishing. In situations such as this, in 

which the stock assessment has been 

delayed, section 305(c) allows the 

Council to request the Secretary to 

implement interim measures to address 

overfishing, until these measures can be 

replaced by the 2024 Atlantic mackerel 

specifications. As further described 

below, NMFS implements this action to 

reduce the Atlantic mackerel catch for 

the remainder of 2023 and the beginning 

of 2024 by reducing mackerel 

possession limits. 

At its July 2023 meeting, the Council’s 

Scientific and Statistical Committee 

(SSC) reviewed the preliminary updated 

Atlantic mackerel stock assessment. 

This stock assessment is considered 

preliminary until it can be peer 

reviewed and then the SSC can make 

allowable biological catch (ABC) 

recommendations for 2024 and 2025. 

The preliminary assessment results 

showed that the stock is no longer 

experiencing overfishing, but also 

showed additional concerns in the 

rebuilding progress of the stock. 

Although the change in stock status to 

no longer experiencing overfishing 

seems to be a positive development, it 

follows significant reductions in catch 

associated with limits NMFS 

implemented in 2022 and 2023. 

Subsequent projections from the 

assessment show additional concerns in 

the rebuilding progress of the stock, 

warranting additional action to prevent 

the stock from once again being subject 

to overfishing. 

The preliminary management track 

assessment showed an unexpected 

failure of the Atlantic mackerel stock to 

rebuild, and updated projections suggest 

Atlantic mackerel overfishing will occur 

in 2023 if the full Atlantic mackerel 

quota is landed. Based on this 

information, at its August 2023 meeting, 

the Council requested that NMFS take 

emergency action to limit the directed 

Atlantic mackerel fishery for the 

remainder of the 2023 and until the 

more conservative 2024 Atlantic 

mackerel specifications are 

implemented. 

Interim Atlantic Mackerel Measures 

Based on the recommendations of the 

SSC and the request by the Council, this 

action implements incidental Atlantic 

mackerel catch limits including 20,000 

pounds (lb) (9.08 metric tons (mt)) for 

all limited access permits and 5,000 lb 

(2.27 mt) for all open access permits. 

This is a reduction from the current 

catch limits of unlimited possession for 


lotter on DSK11XQN23PROD with RULES1
70910 Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Rules and Regulations 

Tier 1 permits, 135,000 lb (61.23 mt) for 

Tier 2 permits, 100,000 lb (45.36 mt) for 

Tier 3, and 20,000 lb (9.08 mt) for open 

access permits. We will be collecting 

comments on the changes in per-trip 

catch limits to help inform future 

decisions on this topic. 

This temporary rule has an effective 

period limited by the Magnuson-Stevens 

Act to 180 days, with a potential 

extension of an additional 186 days. The 

stock assessment was peer reviewed in 

September 2023, and the Council will 

finalize the 2024 and 2025 Atlantic 

mackerel specifications at its December 

2023 meeting. NMFS will work to 

implement the 2024 specifications as 

quickly as possible, likely early spring. 

However, if the expected rulemaking 

implementing the 2024 specifications is 

not in place before the expiration of this 

rule (180 days following publication), 

an extension of the interim measure for 

186 days will be considered. 

Justification for Interim Measures 

Section 305(c) of the MagnusonStevens Act (16 U.S.C. 1855(c)) 

authorizes the Secretary of Commerce to 

implement interim measures to address 

overfishing. This action meets the 305(c) 

requirements for interim measures 

because it is necessary to reduce 

overfishing in 2023, and to minimize 

the likelihood of overfishing occurring 

again, while the Council finalizes 

specifications for 2024 with a reduced 

ABC. 

The results of the preliminary 2023 

stock assessment were not expected and 

the severity of the results could not have 

been foreseen. Given that the new 

information only recently became 

available, the Council could not 

complete an action to develop new 

specifications and make necessary 

adjustments in time for the remainder of 

the 2023 fishing year or the start of the 

2024 fishing year. Because of the 

unforeseen specifications adjustments 

necessary to address the recent stock 

assessment, the Council requested that 

NMFS take action to reduce potential 

additional Atlantic mackerel harvest in 

2023 and the beginning of 2024 via a 

reduction in the per-trip catch limits. 

Classification 

The Assistant Administrator for 

Fisheries, NOAA, has determined that 

this rule is necessary to respond to an 

overfishing situation and is consistent 

with the national standards and other 

provisions of the Magnuson-Stevens Act 

and other applicable laws. The interim 

measures in this rule may be extended 

for a period of not more than 186 days 

as provided under section 305(c)(3)(B) 

of the Magnuson-Stevens Act. 

The Assistant Administrator for 

Fisheries, NOAA, finds it is contrary to 

the public interest to provide for prior 

notice and an opportunity for public 

comment, pursuant to 5 U.S.C. 

553(b)(B). This action reduces the per 

trip catch limits in the Atlantic 

mackerel fishery. This adjustment is 

allowed pursuant to section 305(c) of 

the Magnuson-Stevens Act in order to 

reduce the likelihood of overfishing 

while the Council waits for new and 

updated information to be finalized. A 

delay would be contrary to the public 

interest for the Atlantic mackerel 

fishery, as delay would likely lead to 

overfishing. Furthermore, NMFS notes 

that implementation of these reduced 

catch limits was discussed at the August 

2023 Council meeting, and many fishery 

stakeholders are anticipating action to 

reduce mackerel harvest in 2023. This 

rule is being issued at the earliest 

possible date, as NMFS only received 

the Council’s Supplemental Information 

Report for this action on August 18, 

2023. 

Additionally, the Assistant 

Administrator finds good cause under 5 

U.S.C. 553(d)(3) to waive the 30-day 

delay of effectiveness for this rule. 

Failure to implement this action as 

quickly as possible for the 2023 fishing 

year would likely result in 2023 catch 

that would cause overfishing, which 

would have potential negative biological 

impacts on the stock and make it more 

difficult to achieve rebuilding by 2032. 

The Atlantic mackerel fishery is most 

active during the months of November 

through February. Given the highvolume nature of the fishery, it is likely 

that, without putting new catch limit in 

place immediately, the fleet would 

capture the full 2023 commercial quota 

and overfishing would result, contrary 

to the public interest. Therefore, it is in 

the public interest to take immediate 

action to reduce potential mackerel 

overfishing while the Council develops 

the 2024 and 2025 Atlantic mackerel 

specifications. 

Therefore, the Assistant 

Administrator finds good cause under 5 

U.S.C. 553(d)(3) to waive the 30-day 

delay in effectiveness, and these 

specifications shall be made effective on 

October 12, 2023. 

This action is being taken pursuant to 

the Magnuson-Stevens Act’s provisions 

to establish interim measures to address 

overfishing and has not been designated 

as significant under Executive Order 

12866. 

The procedures of the Regulatory 

Flexibility Act are not applicable to this 

rule because it is issued without 

opportunity for prior notice and public 

comment. 

This final rule does not duplicate, 

conflict, or overlap with any existing 

Federal rules. 

This action would not establish any 

new reporting or record-keeping 

requirements. 

This temporary rule contains no 

information collection requirements 

under the Paperwork Reduction Act of 

1995. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Fishery possession 

restrictions. 

Dated: October 10, 2023. 

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 

■ 1. The authority citation for part 648 

continues to read as follows: 

Authority: 16 U.S.C. 1801 et seq. 

■ 2. In § 648.26, add paragraph (a)(4) to 

read as follows: 

§ 648.26 Mackerel, squid, and butterfish 

possession restrictions. 

(a) * * * 

(4) 2023 and 2024 temporary 

commercial possession restriction. For 

the remainder of the 2023 Atlantic 

mackerel fishing year and until the 2024 

Atlantic mackerel specifications are 

implemented, commercial vessels 

issued an open or limited access 

Atlantic mackerel permit must adhere to 

the following possession limits. 

(i) Limited access fishery. Vessels 

issued a Tier 1, 2, or 3 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. 

(ii) Open access fishery. Vessels 

issued an open access Atlantic mackerel 

permit may not take and retain, possess, 

or land more than 5,000 lb (2.27 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. 

* * * * * 

[FR Doc. 2023–22656 Filed 10–12–23; 8:45 am] 

BILLING CODE 3510–22–P 


lotter on DSK11XQN23PROD with RULES1