Federal Register / Vol. 89, No. 209 / Tuesday, October 29, 2024 / Rules and Regulations 85885 

(d) * * * 

(2) The owner and operator of a vessel 

required to be permitted under this part 

and that has bottom longline gear on 

board must undertake the following 

bycatch mitigation measures: 

* * * * * 

[FR Doc. 2024–24870 Filed 10–28–24; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 241022–0277] 

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: Final rule. 

SUMMARY: NMFS approves and 

implements Framework Adjustment 16 

to the Mackerel, Squid, and Butterfish 

Fishery Management Plan. Framework 

Adjustment 16 was developed by the 

Mid-Atlantic Fishery Management 

Council to establish a volumetric vessel 

hold capacity baseline for limited access 

Illex squid vessels, allow NMFS to 

collect information on vessel processing 

type from limited access Illex and Tier 

1 longfin squid vessels, and clarify 

existing Illex squid reporting 

requirements. This action is necessary 

to restrict future increases in capacity in 

the Illex squid fishery and gain more 

accurate catch information to inform 

stock assessments. 

DATES: Effective November 29, 2024, 

except for instruction 3 amending 

§§ 648.4(a)(5)(ii)(F), 648.4(a)(5)(ii)(H), 

and 648.4(c)(2)(viii), which is effective 

November 28, 2025. 

ADDRESSES: Copies of Framework 

Adjustment 16, including the 

preliminary Regulatory Impact Review 

and the Regulatory Flexibility Act 

Analysis prepared by the Mid-Atlantic 

Fishery Management Council, 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. 

Copies of the small entity compliance 

guide are available from Michael 

Pentony, Regional Administrator, 

NMFS, Greater Atlantic Regional 

Fisheries Office, 55 Great Republic 

Drive, Gloucester, MA 01930–2298, or 

via the internet at https://www.greater

atlantic.fisheries.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Maria Fenton, Fishery Policy Analyst, 

(978) 281–9196, or maria.fenton@

noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Mid-Atlantic Fishery 

Management Council adopted 

Framework Adjustment 16 to the 

Mackerel, Squid, and Butterfish Fishery 

Management Plan (FMP) during its 

October 2023 meeting. This action was 

initiated following NMFS’ September 7, 

2022, disapproval of Amendment 22 to 

the Mackerel, Squid, and Butterfish 

FMP. The purpose of Amendment 22 

was to better align fleet capacity with 

current quotas by creating a tiered 

permit system for the current limited 

access Illex squid permits to remove 

latent effort from the fishery. 

Amendment 22 was developed in 

response to an overall increase in the 

number of active limited access Illex 

vessels, which had no trip limits, and a 

perceived increase in racing to fish 

during the weeks leading up to Illex 

fishery closures since 2017. To address 

these issues, Amendment 22 proposed 

reallocating existing Illex squid limited 

access permits through tiered permitting 

measures. NMFS’ review of Amendment 

22 determined 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 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 considered alternative measures 

to address potential latent effort in the 

Illex fishery through Framework 16. 

Approved Measures 

This action approves the management 

measures recommended in Framework 

Adjustment 16 to the Mackerel, Squid, 

and Butterfish FMP. The measures 

implemented in this final rule are: 

1. Volumetric Hold Baseline for Limited 

Access Illex Squid Vessels 

Section 303(b)(4) of the MagnusonStevens Act allows for provisions in an 

FMP that limit the type and quantity of 

vessels participating in a fishery, for 

conservation and management 

purposes. This action establishes a 

volumetric vessel hold capacity baseline 

for limited access Illex squid vessels in 

order to restrict future increases in 

capacity in the fishery. This baseline 

will be required in addition to the 

standard length and horsepower 

baselines that are mandatory for all 

Federal limited access permits in the 

Greater Atlantic Region. 

In order to establish its volumetric 

hold baseline, a limited access Illex 

squid vessel’s fish hold capacity 

measurement must be certified by a 

qualified individual or entity as 

specified at 50 CFR 648.4(a)(5)(ii)(H)(1). 

Limited access Illex squid vessels must 

submit a fish hold capacity 

measurement, along with a signed 

certification by the qualified individual 

or entity, to NMFS within 395 days of 

the publication of this final rule. A 

similar volumetric hold baseline was 

implemented for Tier 1 and Tier 2 

Atlantic mackerel permit holders 

through Amendment 11 to the Mackerel, 

Squid, and Butterfish FMP (76 FR 

68642, November 7, 2011) in 2011. If a 

vessel already has a volumetric hold 

baseline related to a Tier 1 or Tier 2 

mackerel permit, that baseline could be 

used for its limited access Illex squid 

permit as well, and no new survey is 

required. 

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 will be established based on the 

fish hold capacity measurement of the 

first replacement vessel greater than 20 

feet (ft) (6.09 meters (m)) after the 

permit is removed from CPH (at which 

point the vessel’s fish hold would have 

to be measured consistent with the 

requirements at § 648.4(a)(5)(ii)(H)(1) 

before the vessel could fish under the 

permit). If a permit in CPH already had 

an existing fish hold capacity 

measurement from the vessel 

immediately preceding the permit’s 

placement into CPH that met the 

certification requirements, that 

measurement could be used to establish 

a volumetric hold baseline for the Illex 

squid permit during the implementation 

period. 

If a limited access Illex squid vessel 

is upgraded (through refitting or 

replacement), the upgraded vessel’s 

volumetric hold capacity cannot exceed 

its volumetric hold baseline by more 

than 10 percent. The modified fish hold, 

or the fish hold of the replacement 

vessel, must be surveyed by a qualified 


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85886 Federal Register / Vol. 89, No. 209 / Tuesday, October 29, 2024 / Rules and Regulations 

surveyor, as described at 

§ 648.4(a)(5)(ii)(H), unless the 

replacement vessel already has an 

appropriate fish hold capacity 

measurement on file with NMFS, in 

which case no new survey is required. 

2. Limited Access Illex and Longfin 

Squid Processing Type 

Section 303(a)(5) of the MagnusonStevens Act requires FMPs to specify 

the pertinent data that shall be 

submitted to the Secretary with respect 

to commercial, recreational, charter 

fishing, and fish processing in the 

fishery. This action authorizes NMFS to 

collect information on processing type 

(e.g., frozen at-sea, refrigerated sea 

water, fresh/iced) from vessels issued a 

limited access Illex or Tier 1 longfin 

squid permit. Vessel processing type 

information will be collected annually 

during the permit renewal process as 

described at § 648.4(c)(2)(ix), beginning 

in permit year 2025 (starting January 1, 

2025). This information will help 

scientists analyze the catch per unit 

effort (CPUE) in the Illex and longfin 

squid fisheries, which will improve the 

monitoring and management of these 

fisheries. 

3. Clarifications to Existing Illex Squid 

Vessel Reporting Requirements 

Section 305(d) of the MagnusonStevens Act requires the Secretary to 

promulgate regulations necessary to 

carry out any FMP, FMP amendment, or 

other provision of the MagnusonStevens Act. This action clarifies an 

existing requirement that limited access 

Illex squid vessels are required to 

submit daily vessel monitoring system 

(VMS) catch reports while on declared 

Illex squid trips, as described at 

§ 648.7(b)(3)(iv). 

Comments and Responses 

We received nine public comments on 

the Framework Adjustment 16 proposed 

rule during the public comment period: 

One from Seafreeze Ltd.; four from the 

Town Dock; one from Lund’s Fisheries; 

and three from members of the public. 

Consolidated responses are provided to 

similar comments on the proposed 

measures. 

Limited Access Illex Squid Vessel 

Volumetric Hold Baseline 

Comment 1: Two commenters 

(Seafreeze Ltd. and Lund’s Fisheries) 

supported the proposed measure 

establishing a volumetric hold baseline 

for limited access Illex squid vessels. 

Seafreeze Ltd. stated that establishing a 

volumetric hold baseline will help 

prevent speculative entry and activation 

of latent effort (from smaller-capacity 

vessels onto larger-capacity vessels) in 

the Illex squid fishery. Seafreeze Ltd. 

also explained that many existing 

participants in the Illex squid fishery 

hold Tier 1 or Tier 2 mackerel permits 

with associated hold capacity baselines, 

but new entrants often do not. 

Therefore, because those new vessels do 

not have an existing baseline limiting 

hold expansion, their entry into the 

fishery could significantly increase fleet 

capacity. Lund’s Fisheries stated that 

establishing a volumetric hold baseline 

for limited access Illex squid vessels 

would be a good first step towards 

freezing the footprint of the fishery and 

matching harvesting capacity to 

resource availability. Lund’s Fisheries 

also noted that in its experience, 

certified hold measurements can be 

obtained at a reasonable cost, and would 

provide the Council with important 

effort information. Lund’s Fisheries was 

also supportive of the flexibility given to 

permits in CPH being able to use an 

existing fish hold measurement from a 

previous vessel to establish that permit’s 

hold capacity baseline. 

Response 1: We agree and are 

approving and implementing the 

measure as proposed. 

Comment 2: Seven commenters (four 

from the Town Dock and three members 

of the public) opposed the 

implementation of a volumetric hold 

baseline for limited access Illex squid 

vessels. Six commenters (three from the 

Town Dock and three members of the 

public) felt that the establishment of this 

baseline was redundant and 

unnecessary, given that limited access 

permits in the Greater Atlantic Region 

already have length and horsepower 

baselines and with associated upgrade 

restrictions. Five commenters (three 

from the Town Dock and one member 

of the public) stated that adding a hold 

capacity baseline will make it more 

difficult for permit holders to upgrade 

aging vessels in the future, as finding 

replacement vessels that fits the existing 

length and horsepower baselines is 

already challenging. 

Response 2: We have considered this 

comment and disagree that establishing 

a volumetric hold baseline for limited 

access Illex squid vessels is 

unnecessary. While it is true that 

Greater Atlantic Region limited access 

permits are already subject to length and 

horsepower baselines and upgrade 

restrictions, due to the high volume 

nature of the Illex fishery, a vessel’s 

fishing capacity can be significantly 

increased via hold modification while 

staying within its length and 

horsepower requirements. This is why 

the Council chose to pursue hold 

capacity restrictions as a tool to cap 

fishing power in the Illex fishery and we 

are implementing the measure as 

proposed. We acknowledge that 

accommodating a third baseline may 

make it more difficult to find 

replacement vessels in the future, but 

the overall benefits to the fleet resulting 

from the establishment of a volumetric 

hold baseline outweigh this challenge. 

Comment 3: Three commenters from 

the Town Dock commented that 

overfishing of Illex squid is not 

occurring, and only a relatively small 

percentage of the quota has been 

harvested in recent years. Commenters 

stated that this indicates that there is 

not an overcapacity issue in the fishery, 

and wondered why additional 

restrictions on hold capacity are 

necessary. Similarly, one member of the 

comment questioned why this measure 

is necessary given that the Illex 

commercial quota has increased in 

recent years. 

Response 3: The statement that 

overfishing of the Illex squid stock is not 

occurring requires some clarification. 

The 2022 Illex squid management track 

assessment was unable to make 

overfishing or overfished 

determinations for the stock because 

there are no reference points or accepted 

methods for estimating fishing mortality 

rate and biomass. As a result, the stock 

status is unknown. 

It is true that in recent years the Illex 

squid acceptable biological catch (ABC) 

has increased (from 30,000 mt in 2020 

to 40,000 mt in 2023), and a relatively 

small percentage of the domestic annual 

harvest (DAH) has been caught annually 

in the last few years (15 percent in 2022 

and 14 percent in 2023). However, 

during 2019–2021, data indicate that 

98–113 percent of the Illex squid DAH 

was caught. Further, when resource 

abundance was high during 2017–2019, 

the number of active vessels 

participating in the fishery increased, 

landings in the weeks leading up to 

closures increased, and landings per 

active vessel declined. In response to 

these findings, the Council developed 

the volumetric hold baseline measure to 

help freeze the footprint of the Illex 

squid fishery and curb further increases 

in fishing capacity, and we are 

implementing the measure as proposed. 

Comment 4: Several commenters (four 

from the Town Dock and three members 

of the public) referenced the estimated 

costs associated with implementing a 

vessel hold capacity baseline, 

explaining that this will be burdensome 

to vessel owners. Four commenters 

(three from the Town Dock and one 

member of the public) explained that 

recent poor harvest of Illex and longfin 

squid has already put the fleet under 


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financial strain, which will make it even 

more difficult to pay to obtain certified 

hold measurements. One commenter 

from the Town Dock estimated that it 

could cost more than $30,000 to get 

their vessels measured, and explained 

that other recent increases in business 

expenses (e.g., fuel, labor, insurance) 

will make these costs more difficult to 

accommodate. 

Response 4: While the economic 

impact of complying with the 

volumetric hold baseline may be 

substantial for some participants in the 

Illex squid fishery, we considered the 

nature and extent of these costs relative 

to the benefits of the measure. We also 

attempted to minimize the costs to the 

fleet by giving permit holders the 

flexibility to use existing certified hold 

measurements (e.g., from a Tier 1 or Tier 

2 mackerel permit, from a vessel prior 

to a permit going into CPH) to establish 

the volumetric hold baseline for their 

limited access Illex squid permit. 

Limited Access Illex and Tier 1 Longfin 

Squid Processing Type 

Comment 5: Lund’s Fisheries opposed 

allowing NMFS to collect information 

about processing type from limited 

access Illex and Tier 1 longfin squid 

vessels, stating that this information is 

already recorded through the Northeast 

Fisheries Science Center’s Study Fleet 

program and has already been used by 

scientists in recent stock assessments. 

Response 5: We disagree that 

processing type information is already 

readily available for the Illex and 

longfin squid fisheries. Study Fleet 

program data, including processing type 

information, was used in the 2022 Illex 

squid research track assessment to 

calculate CPUE information for the 

‘‘wet’’ and ‘‘freezer’’ components of the 

fleet. The assessment report states that 

the data collected through the Study 

Fleet program appear to be fairly 

representative of the wet boat portion of 

the fleet, but the utility of the data for 

calculating CPUE for the freezer boat 

portion is limited due to the fact that 

only one freezer vessel participates. 

Authorizing NMFS to collect processing 

type information from all limited access 

Illex and Tier 1 longfin squid vessels 

will help fill this data gap and improve 

scientists’ ability to calculate CPUE for 

all components of both fisheries. 

Additionally, because this information 

will be collected through a single 

question on a vessel application that is 

already required annually, we expect 

there to be negligible added burden to 

the fleet resulting from this measure. 

Clarifications to Existing Illex Squid 

Vessel Reporting Requirements 

Comment 6: Lund’s Fisheries 

supported the proposed clarifications to 

existing Illex squid vessel reporting 

requirements. 

Response 6: NMFS agrees and is 

approving and implementing the 

clarification as proposed. 

Changes From the Proposed Rule 

There are no changes from the 

proposed rule. 

Classification 

NMFS is issuing this rule pursuant to 

sections 304(b) and 305(d) of the 

Magnuson-Stevens Act. The NMFS 

Assistant Administrator has determined 

that this final rule is consistent with the 

Mackerel, Squid, and Butterfish FMP, 

other provisions of the MagnusonStevens Act, and other applicable law. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order (E.O.) 12866. 

This final rule does not contain 

policies with federalism or takings 

implications as those terms are defined 

in E.O. 13132 and E.O. 12630, 

respectively. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration during 

the proposed rule stage that this action 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for the 

certification was published in the 

proposed rule and is not repeated here. 

As a result, a final regulatory flexibility 

analysis was not required and none was 

prepared. 

This final rule contains collection-ofinformation requirements subject to 

review and approval by the Office of 

Management and Budget (OMB) under 

the Paperwork Reduction Act (PRA). 

This rule revises the existing 

requirements for the collection of 

information OMB Control No. 0648– 

0202, Greater Atlantic Region Permit 

Family of Forms, by requiring limited 

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 

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 × $33.78). 

Vessel processing type information 

will be collected through an existing 

permit renewal form and will add a 

negligible additional burden amounting 

to no cost; therefore, it does not need 

additional approval through the PRA. 

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 final rule are simply a 

clarification of existing regulatory 

requirements and do not need 

additional approval through the PRA. 

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, Reporting and 

recordkeeping requirements. 

Dated: October 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 amends 50 CFR part 

648 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. Amend § 648.4 by adding paragraph 

(c)(2)(viii) and (ix) to read as follows: 

§ 648.4 Vessel permits. 

* * * * * 

(c) * * * 

(viii) [Reserved] 

(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. 

* * * * * 

■ 3. Effective November 28, 2025, 

further amend § 648.4 by revising 

paragraphs (a)(5)(ii)(F) and (H) and 

adding paragraph (c)(2)(viii) to read as 

follows: 

§ 648.4 Vessel permits. 

(a) * * * 

(5) * * * 


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(ii) * * * 

(F) Upgraded vessel. See paragraph 

(a)(1)(i)(F) of this section. In addition for 

moratorium Illex squid permits, the 

upgraded 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 November 28, 2025 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 could be applied 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 November 

28, 2025. 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. 

* * * * * 

■ 4. In § 648.7, add paragraph (b)(3)(iv) 

to read as follows: 

§ 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 

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. 2024–24928 Filed 10–28–24; 8:45 am] 

BILLING CODE 3510–22–P 


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