[Federal Register Volume 88, Number 197 (Friday, October 13, 2023)]
[Rules and Regulations]
[Pages 70909-70910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22656]


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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.

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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

[[Page 70910]]

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 Magnuson-Stevens 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 high-volume 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

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.  648.26, add paragraph (a)(4) to read as follows:


Sec.  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]
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