[Federal Register Volume 89, Number 209 (Tuesday, October 29, 2024)]
[Rules and Regulations]
[Pages 85885-85888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24928]


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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.

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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 
Sec. Sec.  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.greateratlantic.fisheries.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Maria Fenton, Fishery Policy Analyst, 
(978) 281-9196, or <a href="/cdn-cgi/l/email-protection#9cf1fdeef5fdb2faf9f2e8f3f2dcf2f3fdfdb2fbf3ea"><span class="__cf_email__" data-cfemail="fa979b88939bd49c9f948e9594ba94959b9bd49d958c">[email protected]</span></a>.

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 Magnuson-Stevens 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 Sec.  
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

[[Page 85886]]

surveyor, as described at Sec.  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 Magnuson-Stevens 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 
Sec.  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 Magnuson-Stevens Act requires the Secretary 
to promulgate regulations necessary to carry out any FMP, FMP 
amendment, or other provision of the Magnuson-Stevens 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 
Sec.  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

[[Page 85887]]

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 Magnuson-Stevens 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-of-information 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 x $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

0

    1. The authority citation for part 648 continues to read as 
follows:

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

0
2. Amend Sec.  648.4 by adding paragraph (c)(2)(viii) and (ix) to read 
as follows:


 Sec.  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.
* * * * *

0
3. Effective November 28, 2025, further amend Sec.  648.4 by revising 
paragraphs (a)(5)(ii)(F) and (H) and adding paragraph (c)(2)(viii) to 
read as follows:


Sec.  648.4  Vessel permits.

    (a) * * *
    (5) * * *

[[Page 85888]]

    (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.
* * * * *

0
4. In Sec.  648.7, add paragraph (b)(3)(iv) to read as follows:


Sec.  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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