[Federal Register Volume 89, Number 40 (Wednesday, February 28, 2024)]
[Proposed Rules]
[Pages 14617-14620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04109]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 240222-0056]
RIN 0648-BM84


Fisheries of the Northeastern United States; 2024 and Projected 
2025 Specifications for the Atlantic Mackerel Fishery

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 2024 specifications and projected 2025 
specifications for Atlantic mackerel. The implementing regulations for 
the Mackerel, Squid, and Butterfish Fishery Management Plan (FMP) 
require us to publish specifications for the upcoming 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: Comments must be received on or before March 14, 2024.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2024-0010, 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-2024-0010 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).
    A Supplemental Information Report (SIR) was prepared for these 
specifications. Copies of the SIR are available on request from Dr. 
Christopher M. Moore, Executive Director, Mid-Atlantic Fishery 
Management Council, Suite 201, 800 North State Street, Dover, DE 19901. 
The SIR is also accessible via the internet at https://www.mafmc.org/supporting-documents.

FOR FURTHER INFORMATION CONTACT: Carly Bari, Fishery Policy Analyst, 
(978) 281-9150, or <a href="/cdn-cgi/l/email-protection#523133203e2b7c3033203b123c3d33337c353d24"><span class="__cf_email__" data-cfemail="96f5f7e4faefb8f4f7e4ffd6f8f9f7f7b8f1f9e0">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

General Background

    The Mid-Atlantic Fishery Management Council (Council) manages the 
Atlantic mackerel fishery under the Mackerel, Squid, and Butterfish 
FMP. The regulations implementing the FMP require the Council's 
Mackerel, Squid, and Butterfish Monitoring Committee to develop 
specification recommendations based upon the acceptable biological 
catch (ABC) advice of the Council's Scientific and Statistical 
Committee (SSC). Specifications are the combined suite of commercial 
and recreational catch levels and management measures necessary to 
prevent such catch levels

[[Page 14618]]

from being exceeded. As part of this process, the Council sets 
specifications for up to 3 years. These specifications are reviewed 
annually and may be revised by the Council based on updated 
information.
    The Council's final action on these specifications was delayed to 
its December 2023 meeting because the 2023 Atlantic mackerel stock 
assessment required additional peer review in late fall 2023 after the 
assessment indicated a change in the stock status. The stock status 
changed from experiencing overfishing to not experiencing overfishing. 
Although this change in stock status may appear to reflect an 
improvement in stock condition, the change is the result of significant 
catch reductions that were implemented in 2021, 2022, and 2023.
    The preliminary stock assessment, which was still subject to peer 
review, showed an unexpected failure of the Atlantic mackerel stock to 
rebuild, and updated projections suggested that Atlantic mackerel 
overfishing could occur in 2023 if the full Atlantic mackerel 
commercial quota (i.e., 3,639 metric tons (mt)) was harvested. However, 
because the peer review of the assessment was not complete, the SSC was 
unable to provide its ABC recommendation and the Council was unable to 
make its recommendations on the 2024 specifications. Based on the 
preliminary assessment information, however, the Council requested at 
its August 2023 meeting that NMFS take emergency action to limit the 
directed Atlantic mackerel fishery for the remainder of 2023 and until 
these specifications are implemented. On October 13, 2023 (88 FR 
70909), NMFS published an interim rule that reduced the Atlantic 
mackerel catch by instituting trip limits of 20,000 pounds (lb) (9.08 
mt) for limited access permits and 5,000 lb (2.27 mt) for open access 
permits. These interim measures will expire on April 10, 2024, or when 
these specifications are finalized, whichever comes first.

Proposed 2024 and Projected 2025 Specifications

    The Council's SSC met in October 2023 to review the peer-reviewed 
management track assessment, which showed an unexpected failure of the 
Atlantic mackerel stock to rebuild. Based on this information, the SSC 
recommended an averaged 2024-2025 ABC of 3,200 mt. These specifications 
also include deductions for the expected Canadian catch of 74 mt, 
estimated recreational catch of 2,143 mt, and estimated commercial 
discards of 115 mt to set a commercial quota of 868 mt. This commercial 
quota is a 76-percent decrease from the 2023 commercial quota.

  Table 1--Summary of 2024 and Projected 2025 Atlantic Mackerel Fishery
                             Specifications
------------------------------------------------------------------------
                       Specifications                         Metric ton
------------------------------------------------------------------------
ABC/ACL.....................................................       3,200
Canadian Catch Deduction....................................          74
Recreational Catch Deduction................................       2,143
Commercial Discards.........................................         115
Commercial Quota............................................         868
------------------------------------------------------------------------

    Because of the low-resulting commercial quota, these specifications 
also proposed reduced Atlantic mackerel catch by instituting trip 
limits of 20,000 lb (9.08 mt) for all limited access permits and 5,000 
lb (2.27 mt) for all open access permits. These trip limits are 
unchanged from those in the interim rule. When 80 percent of the 
commercial quota is harvested, the trip limits will be further reduced 
to 10,000 lb (4.54 mt) for all limited access permits and 2,500 lb 
(1.13 mt) for open access permits. The recreational possession limit 
will remain status quo at 20 fish per person.
    On February 1, 2023 (88 FR 6665), NMFS approved Amendment 23 to the 
Mackerel, Squid, and Butterfish FMP and implemented a revised 
rebuilding plan for the Atlantic mackerel stock. The reductions in ABC 
and trip limits included in this proposed rule were determined to be 
necessary to maintain the timeline by which the Atlantic mackerel stock 
is rebuilt by 2032 as outlined in Amendment 23.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery 
Conservation and Management Act (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.
    NMFS finds that a 15-day comment period for this action provides a 
reasonable opportunity for public participation in this action pursuant 
to section 553(c) of the Administrative Procedure Act (5 U.S.C. 
553(c)), while also ensuring that the final specifications are in place 
before the interim measures currently in place to reduce Atlantic 
mackerel catch expire on April 10, 2024. The Council adopted these 
specifications on December 13, 2023, and submitted a preliminary draft 
of the supplemental information report on January 3, 2024. Substantial 
edits to the economic analysis were required for regional economist 
clearance for the Regulatory Flexibility Act, E.O. 12866, and E.O. 
14094. The NMFS regional economist provided clearance on February 9, 
2024. After incorporating that economic analysis into the rule document 
and having the rule reviewed by regional staff, the rule was submitted 
to NMFS headquarters on February 16, 2024. NMFS then submitted the rule 
to Commerce's Office of the General Counsel for review on February 20, 
2024. Thus, NMFS has taken all diligent steps to promulgate this rule 
as quickly as possible but could not have published the rule sooner 
because the data necessary for the Council to develop these 
specifications was not yet finalized.
    A longer comment period and subsequent potential delay in 
implementation past this date would be contrary to the public interest, 
as it could create confusion in the industry around current quotas and 
applicable trip limits. Comments were collected on the interim rule (88 
FR 70909, October 13, 2023), which implemented the same trip limits as 
this action, for 30 days and no comments were submitted. While NMFS is 
not waiving the comment period in its entirety, a 30-day comment period 
here could result in the interim measures expiring, at which point the 
2023 specifications would return as a replacement pursuant to the 
rollover provisions of the Atlantic mackerel regulations found at 50 
CFR 648.22(d)(1). As noted above, the 2023 specifications were 
determined to exceed overfishing levels, and should those measures roll 
over into the 2024 fishing year there is a risk that in the high-volume 
Atlantic mackerel fishery there could be overfishing.
    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 in conjunction with a SIR. The 
proposed action would set the 2024 catch and landings limits for 
Atlantic mackerel

[[Page 14619]]

based on the recommendations of the SSC and the Council. This action 
also provides projected 2025 Atlantic mackerel specifications; however, 
a future action would be needed to implement these specifications or 
alternative measures for that year.
    The Council conducted an evaluation of the potential socioeconomic 
impacts of the proposed measures in conjunction with the SIR. This 
proposed action would affect all vessels that hold any commercial 
permits for Atlantic mackerel. Some small entities own multiple vessels 
with Atlantic mackerel permits. In 2023, there were 116 limited access 
permits, and 1,500 open access/incidental mackerel permits, for a total 
of 1,616 permits. These permits were held by 1,197 entities, 1,186 of 
which were small business entities and 11 were classified as large 
businesses. 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 average commercial landings from 2021-2023 were 3,520 mt (2023 
preliminary). This is 2,652 mt more than the proposed 868 mt commercial 
quota proposed in this rule. At 2022 prices, this could potentially 
amount to $2,382,849 less revenue annually ($1,991 less annually per 
entity). There is no information to suggest that the 1,186 small 
business entities would be differentially impacted compared to the 11 
large business entities.
    Due to declines in the mackerel fishery, relatively few vessels 
have been active in the Atlantic mackerel fishery. Only 20 vessel 
permits had more than $10,000 in Atlantic mackerel revenues in 2022. In 
2023, only 12 vessels had more than $10,000 in Atlantic mackerel 
revenues and obtained more than 10 percent of their 2023 ex-vessel 
revenues from mackerel. These vessel can be further grouped into 6 
smaller operators that averaged about $33,000 in 2023 mackerel landings 
(averaging about $55,000 in total ex-vessel landings revenues) and 6 
larger operators that averaged about $407,000 in 2023 mackerel landings 
(averaging about $1,179,000 in total ex-vessel landings revenues). 
These 6 larger vessel/operators are likely to be substantially impacted 
by this action. Three of those vessels belong to small entities but 
further revenue breakdown would likely violate the spirit of 
maintaining data confidentiality. Typically, NMFS would disclose data 
if at least three entities were included because that will usually 
maintain confidentiality, but in this case, even though there are three 
entities, NMFS is not disclosing more information because it is 
concerned it would violate confidentiality for those entities.
    Given the relatively few vessels that have been landing more than 
small values of Atlantic mackerel in recent years, this action is not 
expected to have a significant adverse impact on a substantial number 
of small entities. There is no information that the action might impact 
small businesses differently than large businesses or unduly inhibit 
the ability of small entities to compete.
    There are no new information collection requirements, including 
reporting or recordkeeping requirements, contained in this action.

List of Subjects in 50 CFR Part 648.

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: February 22, 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.  648.24, revise paragraphs (b)(1)(i) and (ii) to read as 
follows:


Sec.  648.24  Fishery closures and accountability measures.

* * * * *
    (b) * * *
    (1) * * *
    (i) Unless otherwise determined in paragraph (b)(1)(ii) of this 
section, NMFS will close the commercial Atlantic mackerel fishery, 
which includes vessels issued an open access or limited access Atlantic 
mackerel permit, in the EEZ when the Regional Administrator projects 
that 80 percent of the Atlantic mackerel DAH is harvested. The closure 
of the commercial fishery shall be in effect for the remainder of that 
fishing year, with incidental catches allowed, as specified in Sec.  
648.26.
    (ii) NMFS has the discretion to not implement measures outlined in 
paragraph (b)(1)(i) of this section during November and December if the 
Regional Administrator projects that commercial Atlantic mackerel 
landings will not exceed the DAH during the remainder of the fishing 
year.
* * * * *
0
3. In Sec.  648.26, revise paragraph (a) to read as follows:


Sec.  648.26  Mackerel, squid, and butterfish possession restrictions.

    (a) Atlantic mackerel--(1) Initial commercial possession limits. A 
vessel must be issued a valid limited access Atlantic mackerel permit 
to fish for, possess, or land more than 5,000 lb (2.27 mt) of Atlantic 
mackerel in or harvested from the EEZ per trip, provided the fishery 
has not been closed as specified in Sec.  648.24(b)(1).
    (i) A vessel issued a Tier 1, 2, or 3 limited access mackerel 
permit is authorized to fish for, possess, or land up to 20,000 lb 
(9.098 mt) of Atlantic mackerel in or harvested from the EEZ per trip, 
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, provided that the fishery has not been closed because of a 
commercial fishery closure, as specified in Sec.  648.24(b)(1).
    (ii) A vessel issued an open access Atlantic mackerel permit may 
fish for, possess, or land up to 5,000 lb (2.27 mt) of Atlantic 
mackerel in or harvested from the EEZ per trip, 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, provided 
that the fishery has not been closed because of a commercial fishery 
closure as specified in Sec.  648.24(b)(1).
    (iii) Both vessels involved in a pair trawl operation must be 
issued a valid Atlantic mackerel permit to fish for possess, or land 
Atlantic mackerel in the EEZ. Both vessels must be issued the Atlantic 
mackerel permit appropriate for the amount of Atlantic mackerel jointly 
possessed by both of the vessels participating in the pair trawl 
operation.
    (2) Atlantic mackerel closure possession restrictions. Any Atlantic 
mackerel possession restrictions implemented under paragraph (a)(2) of 
this section will remain in place for the rest of the fishing year, 
unless further restricted by a subsequent action. If the entire 
commercial Atlantic mackerel fishery is closed due to harvesting the 
river herring/shad catch cap, as specified in Sec.  648.24(b)(6) before 
a commercial fishery closure, then the Atlantic mackerel possession 
restrictions specified in Sec.  648.26(a)(2)(iii) shall remain in place 
for the rest of the fishing year.

[[Page 14620]]

    (i) Limited Access Fishery. During a closure of the commercial 
Atlantic mackerel fishery pursuant to Sec.  648.24(b)(1)(i), when 80 
percent of the DAH is harvested, vessels issued a Tier 1, 2, or 3 
limited access Atlantic mackerel permit, may not take and retain, 
possess, or land more than 10,000 lb (4.54 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.
    (ii) Open Access Fishery. During a closure of the Atlantic mackerel 
commercial sector pursuant to Sec.  648.24(b)(1)(i), when 80 percent of 
the DAH is harvested, vessels issued an open access Atlantic mackerel 
permit may not take and retain, possess, or land more than 2,500 lb 
(1.13 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.
    (iii) River herring/shad catch cap closure. During a closure of the 
limited access commercial Atlantic mackerel fishery pursuant to Sec.  
648.24(b)(6), when 95 percent of the river herring/shad catch cap has 
been harvested, vessels issued an open or 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.
    (3) Recreational possession limits. The recreational Atlantic 
mackerel possession limit for charter/party and private recreational 
anglers is 20 Atlantic mackerel per person per trip, including for-hire 
crew.
* * * * *
[FR Doc. 2024-04109 Filed 2-27-24; 8:45 am]
BILLING CODE 3510-22-P


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